Town of Penfield, NY
Monroe County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents

§ 250-2.1 Word usage.

Except where specifically defined herein, all words used in this chapter shall carry their customary meanings. Words used in the present tense include the future, and the plural includes the singular; the word "lot" includes the word "plat" or "parcel"; the word "building" includes the word "structure"; the word "shall" is intended to be mandatory; "occupied" or "used" shall be considered as though followed by the words "or intended, arranged or designed to be used or occupied."

§ 250-2.2 Terms defined.

As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY FACILITY OR STRUCTURE (COMMUNICATION TOWER)
An accessory facility or structure serving or being used in conjunction with a communication tower and located on the same lot as the communication tower, including utility or transmission equipment storage sheds or cabinets.
ACCESSORY STRUCTURE
A structure customarily incidental and subordinate to the principal building on the same lot where the principal building is lawful and where there is unity of ownership between the principal building and accessory structure. A structure which dominates the principal building in area is not eligible to qualify as an accessory structure.
ACCESSORY USE
A use customarily incidental and subordinate to the principal use, where the principal use is lawful, where there is unity of ownership between the principal and accessory use, and where the principal and accessory uses are located on the same lot. A use which dominates the principal use in area, extent or purpose is not eligible to qualify as an accessory use. Under no circumstances shall any explicitly prohibited use qualify as an accessory use.
ACTIVE ORCHARDS
A group of fruit-bearing plants or trees under cultivation for either commercial purposes or private consumption.
ADDITION
Any structure which is built or placed so as to be attached to a building and have a common wall with the building to which it is attached.
ADULT USE AND ADULT ENTERTAINMENT ESTABLISHMENTS
A public or private establishment, or any part thereof, which presents any of the following entertainments, exhibitions or services: topless and/or bottomless dancers; strippers, topless waitressing, busing or service; topless hair care or massages; service or entertainment where the servers or entertainers wear pasties or G-strings or both; adult arcades; adult bookstores or adult video stores; adult cabarets; adult motels; adult motion-picture theaters; adult theaters; escort agencies; nude model studios and sexual encounter centers. Adult use and adult entertainment establishments customarily exclude minors by reason of age.
A. 
Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion-picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
B. 
A commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:
(1) 
Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes or video reproduction, slides, or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or
(2) 
Instruments, devices, or paraphernalia, which is designed for use in connection with specified sexual activities. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as an adult bookstore or adult video store so long as one of its principal business purposes is the offering for sale or rental for consideration of the specified materials which depict or describe specified sexual activities or specified anatomical areas. For purposes of this definition, "principal business purpose" shall mean 25% or more of any of the following:
(a) 
The number of different titles or kinds of such merchandise;
(b) 
The number of copies or pieces of such merchandise;
(c) 
The amount of floor space devoted to the sale and/or display of such merchandise; or
(d) 
The amount of advertising which is devoted to such merchandise, either printed or broadcast media.
C. 
A nightclub, bar, restaurant, or similar commercial establishment which regularly features:
(1) 
Persons who appear in a state of nudity; or
(2) 
Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
(3) 
Films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
D. 
A hotel, motel or similar commercial establishment which:
(1) 
Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas and/or currently rated X movies; and/or
(2) 
Offers a sleeping room for rent for a period of time that is less than 10 hours; and/or
(3) 
Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours.
E. 
A commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
F. 
A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
G. 
The appearance of a human bare buttocks, male genitals, female genitals, or full male or female breasts.
H. 
A business or commercial enterprise that as one of its primary business purposes offers for any form of consideration:
(1) 
Physical contact in the form of wrestling or tumbling between persons or the opposite sex; or
(2) 
Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or seminude (a state of undress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices).
I. 
(1) 
Unless completely and opaquely covered, human genitals, pubic region, buttocks, or female breasts below a point immediately above the top of areola.
(2) 
Even if completely and opaquely covered, male genitals in a discernibly turgid state.
J. 
Includes any of the following:
(1) 
The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;
(2) 
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;
(3) 
Masturbation, actual or simulated; or
(4) 
Excretory functions as part of or in connection with any of the activities set forth in Subsection (1) through (3) above.
ANTENNA
A system of electrical conductors that transmit or receive radio frequency signals. Such signals shall include but not be limited to radio, television, cellular, paging, personal communications services (PCS), and microwave communications.
APARTMENT HOUSE
A building arranged, intended or designated to be occupied by three or more resident households living independently of each other.
AUTHORIZED OFFICIAL
A person or persons employed by the Town of Penfield so designated to perform those duties of enforcing the provisions of this chapter. This term includes without limitation the Building and Zoning Administrator and/or any employee designated by him/her.
BASAL AREA
The cross-sectional area of a tree, measured at breast height (ABH), generally considered to be 4.5 feet above existing ground level. Basal area is measured in square feet.
BED-AND-BREAKFAST FACILITY
A bed-and-breakfast facility is not a hotel or motel, but rather is a dwelling in which overnight accommodations for a maximum stay of one week and breakfast only are provided or offered for transient guests for compensation. Such use is secondary to the occupancy of the dwelling by a family.
BILLBOARD
Any freestanding sign that directs attention to a business, commodity, service or entertainment, other than for charitable or civic events or issues, conducted, sold or offered at a location other than the premises or site on which the sign is located.
BUILDING
Any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons or animals.
BUILDING LINES
The lines which delineate the area on which a structure may be legally erected.
CABANA
A room enclosure erected or constructed adjacent to a mobile/manufactured home for residential use by the occupant of the mobile/manufactured home.
CAMPING TRAILER or FOLDING TENT TRAILER
A portable vehicular structure mounted on wheels and constructed with or without collapsible partial side walls of fabric, plastic or other material which are adapted for folding for towing by another vehicle and unfolding at the campsite to provide temporary living quarters for recreational, camping or travel use.
CHARITABLE EVENT
A sale, event or other activity, lasting 30 days or less, conducted by a charitable organization for the purpose of generating financial profits or donations of monies, materials or services to benefit charitable causes.
CIVIC EVENT
A public event, lasting 30 days or less, occurring within the Town of Penfield, including but not limited to parades, carnivals, festivals, displays and shows conducted by or in conjunction with the Town of Penfield.
COMMERCIAL; COMMERCIAL USES
Notwithstanding any provision hereof to the contrary, for purposes of this chapter in no event shall the terms "commercial," "commercial uses," or any variation thereof, be construed to mean, be, include, or authorize within the Town any explicitly prohibited use.
COMMUNICATION TOWER
A structure designed to support communication antennas. It includes, without limit, freestanding towers, guyed towers, monopoles, and similar structures. It is a structure intended for transmitting and/or receiving radio, television, telephone, or microwave communications.
COMPREHENSIVE PLAN
Any document, styled comprehensive or master plan or otherwise, adopted by the Town Board for the protection, enhancement, growth, and development of the Town, immediate as well as long-range, specifically pursuant to Town Law § 272-a, together with all other materials, written and/or graphic, including but not limited to maps, charts, studies, resolutions, reports and other descriptive material, adopted by the Town Board, that identify the goals, objectives, principles, guidelines, policies, standards, devices and instruments for the protection, enhancement, growth and development of the Town.
CUSTOMARY AGRICULTURAL OPERATIONS
The use of a parcel of land of five acres or more for gain in the raising of agricultural products, livestock, poultry, and dairy products. It includes necessary farm structures and roadside stands within the prescribed limitations and the storage of necessary equipment. It includes also the use of a parcel of land of less than five acres, except that on such parcels, the raising of fur-bearing animals, livery or boarding stables, dog kennels and the raising of livestock and poultry for sale and slaughter is excluded and therefore prohibited. No housing of poultry or stabling of livestock or storage of manure or other odor- or dust-producing material shall be allowed within 100 feet of any lot line. When, in conjunction with the customary agricultural operation, the lodging for hire of more than four persons is prohibited, in no event shall customary agricultural operations be construed to mean, be, include, or authorize within the Town natural gas and/or petroleum exploration activities, natural gas and/or petroleum extraction activities, a land application facility, a natural gas and/or petroleum exploration, extraction or production wastes disposal/storage facility, a natural gas and/or petroleum extraction, exploration or production wastes dump, or any other explicitly prohibited use.
CUSTOMARY HOME OCCUPATION
A business conducted by a resident wholly within the dwelling unit subject to the limitations found in § 250-5.1D(3)
DISH ANTENNA
See "antenna."
EPA
The Environmental Protection Agency.
EXCAVATED MATERIALS; EXCAVATION; EXCAVATING
Notwithstanding any provision hereof to the contrary, for purposes of this chapter, in no event shall the term "excavated materials," "excavation," "excavating" or any variation thereof be construed to mean, be, or include natural gas, or to authorize within the Town natural gas and/or petroleum extraction activities or any other explicitly prohibited use.
EXPLICITLY PROHIBITED USE(S)
The explicitly prohibited uses defined and described in Article IV of this chapter.
EXTERIOR PROPERTY LINE
Property lines which encompass a total multiple dwelling development, townhouse development and mobile home park development.
FAA
The Federal Aviation Administration.
FACTORY-MANUFACTURED HOME
A structure that incorporates structures or components designed for residential occupancy, constructed by a method or system of construction whereby the structure or component is wholly or in substantial part manufactured in a manufacturing facility and is intended for permanent installation on a building site.
FAMILY
Any number of individuals living together as a single housekeeping unit and preparing their food as one unit.
FCC
The Federal Communications Commission.
FILLING
The depositing of natural or artificial material that raises the existing grade of land or modifies the surface of water bodies. In no event shall "filling" be construed to mean, be, include, or authorize within the Town a land application facility, a natural gas and/or petroleum exploration, extraction or production wastes disposal/storage facility, a natural gas and/or petroleum extraction, exploration or production wastes dump, or any other explicitly prohibited use.
GASOLINE SERVICE STATION
A building or lot having pumps and storage tanks where fuels, oils, or accessories for motor vehicles are dispensed, sold, or offered for sale at retail only and where there is no auto repair service.
GOLF COURSE
Any privately, semi-privately or publicly owned course consisting of at least nine golf holes of conventional design and distance.
GROSS ACREAGE
The acreage computed within the perimeter of all legally recognized property lines of any given parcel of land.
HEIGHT, BUILDING
The vertical distance measured from grade level to the highest point on the roof.
INDUSTRIAL; INDUSTRIAL USE
Notwithstanding any provision hereof to the contrary, for purposes of this chapter, in no event shall the terms "industrial," "industrial uses," "industry," or any variation thereof contained in this chapter be construed to mean, be, include, or authorize within the Town any explicitly prohibited use.
INJECTION WELL
A bored, drilled or driven shaft whose depth is greater than the largest surface dimension, or a dug hole whose depth is greater than the largest surface dimension of the hole, through which fluids (which may or may not include semi-solids) are injected into the subsurface and less than 90% of such fluids return to the surface within a period of 90 days.
IN-LAW
A son, daughter, brother, sister, brother-in-law, sister-in-law, mother, father, mother-in-law, father-in-law, grandfather, grandmother, grandchild, aunt, uncle, niece, nephew, cousin or step relatives of the foregoing degrees.
IN-LAW APARTMENT
A separate living space consisting of an area that is subordinate and incidental to the primary dwelling unit within a single-family dwelling unit which may consist of separate sleeping, cooking, living, dining and bathroom facilities and which is intended to be occupied by an in-law or in-laws of a member or members of the family unit occupying the main part of the dwelling
IRREVOCABLE LETTER OF CREDIT
Notwithstanding any provision hereof to the contrary, a letter of credit in form and content (including without limitation the conditions to draw), and from an issuer, acceptable to the Attorney for the Town of Penfield in his/her reasonable discretion.
JUNK
Any manufactured good, appliance, fixture, furniture, machinery, motor vehicle, recreational vehicle, trailer or similar object which is abandoned, demolished, discarded, dismantled or so worn, deteriorated or in such a condition as to be generally unusable in its existing state. This definition shall include but shall not be limited to scrap metal, scrap material, waste bottles, cans, paper, rubble, boxes, crates, rags, used construction materials, used motor vehicle parts and used tires.
JUNKYARD
A place where waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled, or where automobile wrecking takes place. In no event shall "junkyard" be construed to mean, be, include, or authorize within the Town a land application facility, a natural gas and/or petroleum exploration, extraction or production wastes disposal/storage facility, a natural gas and/or petroleum extraction, exploration or production wastes dump, or any other explicitly prohibited use.
KENNEL
A place for the keeping of more than three (of any type) animals that are more than six months old for commercial purposes and not related to agriculture.
LAND APPLICATION FACILITY
A site where any natural gas and/or petroleum extraction, exploration or production wastes are applied to the soil surface or injected into the upper layer of the soil.
LANDMARK SITE
The site on which a Penfield landmark is situated. The extent of the landmark site shall be prescribed by the Historic Preservation Board when the landmark is designated. The site need not include the whole property on which the Penfield landmark is situated, but in no event shall it be smaller than the lot size prescribed by the ordinance for the zoning district in which said site is located.
LEASE LINE
The line, whether actually marked or unmarked, establishing the leased area or boundaries of a mobile/manufactured home lot.
LOT
A contiguous parcel of land in identical ownership throughout, bounded by other parcels or rights-of-way.
LOT DEPTH
The distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot line in the rear.
LOT WIDTH
The distance between straight lines connecting front and rear lot lines at each side of the lot, measured at the building line.
MICROWAVE
A band of frequencies or a range of radiowaves.
MINE; MINING
Notwithstanding any provision hereof to the contrary, for purposes of this chapter in no event shall the term "mine," "mining" or any variation thereof contained in this chapter be construed to mean, be, include, or authorize within the Town any natural gas and/or petroleum extraction activities, or any other explicitly prohibited use.
MOBILE/MANUFACTURED HOME
A transportable structure not drawn by its own power, transportable in one or more sections, which, in the traveling mode, is eight feet or more in width or 40 feet or more in length, or, when erected on site, is 320 square feet or more, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein.
MOBILE/MANUFACTURED HOME LOT
A parcel of land for the placement of a single mobile/manufactured home, its accessory building or structures, and accessory equipment for the exclusive use of the occupants of said mobile/manufactured home.
MOBILE/MANUFACTURED HOME PARK
Any premises on which are parked two or more occupied mobile/manufactured homes. This definition shall exclude sales lots on which automobiles or unoccupied mobile homes, whether new or used, are parked for purposes of inspection or sale.
MOBILE/MANUFACTURED HOME PARK OPERATOR
The person or persons responsible for on-site management and operation of a mobile home park.
MOBILE/MANUFACTURED HOME SITE PLAN, OFFICIAL
A drawing submitted to the authorized official as part of an application for a permit for a mobile home park, containing all the information required by the ordinance in sufficient detail to enable the required review.
MOTOR HOME; MOTORIZED HOME; R.V.
A vehicular structure built on a self-propelled motor vehicle chassis primarily designed to provide temporary living quarters for recreational, camping or travel use.
NATURAL GAS
Methane and any gaseous substance, either combustible or noncombustible, which is produced in a natural state from the earth and which maintains a gaseous or rarefied state at standard temperature and pressure conditions, and/or gaseous components or vapors occurring in or derived from petroleum or other hydrocarbons.
NATURAL GAS AND/OR PETROLEUM EXPLORATION ACTIVITIES
Geologic or geophysical activities related to the search for natural gas, petroleum or other subsurface hydrocarbons, including prospecting, geophysical and geologic seismic surveying and sampling techniques, but only to the extent that such activities involve or employ core, rotary, or any other type of drilling or otherwise making any penetration or excavation of any land or water surface in the search for and evaluation of natural gas, petroleum, or other subsurface hydrocarbon deposits.
NATURAL GAS AND/OR PETROLEUM EXTRACTION ACTIVITIES
The digging or drilling of a well for the purposes of exploring for, developing or producing natural gas, petroleum or other subsurface hydrocarbons, including without limitation any and all forms of shale fracturing.
A. 
Any of the following in any form, and whether or not such items have been excepted or exempted from the coverage of any federal or state environmental protection laws, or have been excepted from statutory or regulatory definitions of "industrial waste," "hazardous," or "toxic," and whether or not such substances are generally characterized as waste:
(1) 
Natural gas or petroleum drilling fluids;
(2) 
Natural gas or petroleum exploration, drilling, production or processing wastes;
(3) 
Natural gas or petroleum drilling treatment wastes (such as oils, frac fluids, produced water, brine, flowback, sediment and/or any other liquid or semi-liquid material);
(4) 
Any chemical, waste oil, waste emulsified oil, mud, or sediment that was used or produced in the drilling, development, transportation, processing or refining of natural gas or petroleum;
(5) 
Soil contaminated in the drilling, transportation, processing or refining of natural gas or petroleum;
(6) 
Drill cuttings from natural gas or petroleum wells; or
(7) 
Any other wastes associated with the exploration, drilling, production or treatment of natural gas or petroleum.
B. 
This definition specifically intends to include some wastes that may otherwise be classified as "solid wastes which are not hazardous wastes" under 40 CFR 261.4(b). The definition of natural gas and/or petroleum extraction, exploration or production wastes does not include:
(1) 
Recognizable and nonrecognizable food wastes; or
(2) 
Waste generated by customary agricultural operations.
NATURAL GAS AND/OR PETROLEUM EXPLORATION, EXTRACTION OR PRODUCTION WASTES DISPOSAL/STORAGE FACILITY
Any of the following:
A. 
Tanks of any construction (metal, fiberglass, concrete, etc.);
B. 
Impoundments;
C. 
Pits;
D. 
Evaporation ponds; or
E. 
Other facilities in any case used for the storage or treatment of natural gas and/or petroleum extraction, exploration or production wastes that:
(1) 
Are being held for initial use;
(2) 
Have been used and are being held for subsequent reuse or recycling;
(3) 
Are being held for treatment; or
(4) 
Are being held for storage.
NATURAL GAS AND/OR PETROLEUM EXPLORATION, EXTRACTION OR PRODUCTION WASTES DUMP
Land upon which natural gas and/or petroleum extraction, exploration or production wastes, or their residue or constituents before or after treatment, are deposited, disposed, discharged, injected, placed, buried or discarded, without any intention of further use.
NATURAL GAS COMPRESSION FACILITY
A facility constructed or operated to compress natural gas that originates from a gas well or collection of such wells, operating as a midstream facility for delivery of gas from a gas field for entry into the transmission pipeline system; the term shall not include the transmission pipeline itself; the term shall include equipment for liquids separation, natural gas dehydration, and tanks for the storage of waste liquids and hydrocarbon liquids.
NATURAL GAS PROCESSING FACILITY
Those facilities that separate and recover natural gas liquids (NGLs) and/or other non-methane gases and liquids from a stream of produced natural gas, using equipment for any of the following: cleaning or stripping gas, cooking and dehydration, residual refinement, treating or removing oil or condensate, removing water, separating NGLs, removing sulfur or carbon dioxide, fractionation of NGLs, or the capture of CO2 separated from natural gas streams.
NATURALLY OCCURRING MATERIAL
Notwithstanding any provision hereof to the contrary, in no event shall the term "naturally occurring material" or any variation thereof be construed to mean, be or to include natural gas, or to authorize within the Town any explicitly prohibited use.
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after the effective date of this chapter.
NONCONFORMING USE
Any use of land or structure, which use was lawful at the time of the effective date of this chapter subject to the requirements of § 250-7.13.
NOXIOUS COMMODITY
Any noisome substance which, by reason of its nature, will produce an olfactory response in a human being.
OPEN SPACE
The area unoccupied by any building, structure or parking area, whether paved or unpaved.
PENFIELD LANDMARK
Any improvement or area which has architectural or historical significance and is designated thus by the Historic Preservation Board in accordance with the requirements of this chapter.
PERMITTED STRUCTURE OR USE
That use of land by occupancy, activity, building or other structure which is specifically enumerated as permissible by the regulations of the zoning district in which land is located.
PERSON
Any individual, public or private corporation, for profit or not for profit, association, partnership, limited-liability company, limited-liability partnership, firm, trust, or estate, and any other legal entity whatsoever which is recognized by law as the subject of rights and duties.
PREMISES
A lot, together with all the buildings and structures thereon.
PRESERVATION DISTRICT
A district comprising two or more properties and adjacent public areas, which includes structures and/or improvements of architectural or historical significance and is designated as such by the Town Board in accordance with the requirements of this chapter.
PRESERVATION SITE
The site on which a preservation structure is situated.
PRESERVATION STRUCTURE
Any structure or improvement situated in a preservation district other than those designated as Penfield landmarks. A preservation structure may or may not have architectural or historical significance.
PRINCIPAL STRUCTURE OR USE
A use authorized or allowed alone in a specified use district for the preservation or promotion of which the use district is established and subject to the requirements of the regulations and standards of such use district, and to which all other uses are accessory, special, conditional or nonconforming.
PROFESSIONAL RESIDENTIAL OFFICE
An office used solely by a professional person(s) when part of the personal residence, which does not change the essential character of the residence.
PUBLIC UTILITY; PUBLIC UTILITY BUILDING; PUBLIC UTILITY FACILITY; UTILITY
An entity which operates as a monopoly, and whose rates charged to customers are established by a utility commission. A public utility or utility facility, structure, or use is a facility, structure, or use which is operated by a public utility, and which provides electric, gas, steam, CATV, telephone or other communication service, water or sewerage directly to the general public. In no event shall "public utility," "public utility building," "public utility facility," or "utility" be construed to mean, be, include, or authorize within the Town a natural gas compression facility, natural gas processing facility, or any other explicitly prohibited use.
PWF
Personal wireless facility.
RADIATION
The spontaneous emission of particles (alpha, beta, neutrons) or photons (gamma) from the nucleus of unstable atoms as a result of radioactive decay.
RADIOACTIVE MATERIAL
Material in any form that emits radiation. This definition specifically includes NORM (naturally occurring radioactive material), but only if such naturally occurring material has been moved from its naturally occurring location through a mechanical or other man-made process. All such material is "radioactive material" for purposes hereof, whether or not it is otherwise exempt from licensing and regulatory control pursuant to the New York State Department of Labor, the United States Nuclear Regulatory Commission, Environmental Protection Agency, Department of Energy, Department of Transportation, or any other regulatory agency.
RAMADA
Any freestanding roof or shade structure installed or erected above a mobile/manufactured home or any portion thereof.
RECREATIONAL RAMP
Any structure or improvement which is used for the purpose of riding or propelling wheeled vehicles, including, but not limited to, skateboards, bicycles, motorcycles, motorized bicycles, roller skates, in-line skates, roller blades or such other similar vehicles or devices.
RESTAURANT, SIT-DOWN
A permanent building used for the serving of meals where customers are seated principally at a table and are waited on when seated, where a full line of meals is offered, where the main portions of the meals are not precooked, prepackaged or prepared in any manner such as this, in anticipation of customers, and further where, under proper authority, alcoholic beverages may be served and where the meal is not customarily or occasionally eaten in vehicles.
RIGHT-OF-WAY, HIGHWAY LINE or FRONT PROPERTY LINE
The line which is the common boundary line between a lot and a street or highway boundary.
ROOF
A horizontal or inclined structural element of a building, which serves as the top closure.
ROOF LINE
An imaginary line running in a horizontal direction around a building; said line is created at the vertical break of a wall and roof.
A. 
The minimum allowable horizontal distance from a given point or line of reference, such as a street right-of-way or property line, to the nearest vertical wall of a building or accessory structure as defined herein.
B. 
All front, side and rear setback measurements shall be the minimum horizontal distance measured from the principal structure or any projections, whichever is greater, to the closest point of the front, side, and rear property lines.
(1) 
The depth of required front yards shall be the distance between the front property line and the closest point of the front of a structure or any projection thereof.
(2) 
The depth of required rear yard shall be the distance between the rear property line and the closest point of the rear of the principal structure or any projection thereof.
(3) 
In the case of corner lots, yards remaining after front yards have been established shall be considered rear yards and side yards for dimensional purposes.
SHOPPING CENTER AND/OR PLAZA
A group of at least three or more nonresidential establishments managed as a unit and where there are usually common walls between the various uses, with off-street parking provided on the center's site.
SIGN
Any advertising medium, structure, or device which advertises, directs, or calls attention to any business, article, substance, or service. A sign may be painted, printed, pasted, posted or affixed to any building, billboard, wall, fence, railing, vehicle, natural object or structure of any kind on real property or upon the ground itself. This definition encompasses flags, banners, neon tubes, fluorescent tubes, or other artificial lights or strings of lights outlining or hung on any part of a structure, building or lot for the purposes mentioned heretofore, but does not include the flag or insignia of any governmental, civic, professional, religious or similar organization.
SIGN, FREESTANDING
Any sign supported by a pylon, pole, upright, or brace placed in the ground and which stands free of a building and/or other structure.
SIGN, IDEOLOGICAL
A temporary sign expressing the opinion of the owner or occupant of the appurtenant property regarding political, governmental, charitable, religious, social or economic topics of public interest.
SIGN, OFF-SITE
A portable sign which in its subject matter directs attention to a use, facility, service, product or event at a location other than on the premises or site on which the sign is located, with the consent of the property owner on which such sign is located.
SIGN, ON-SITE
A sign relating in its subject matter to the premises on which it is located.
SIGN, POLITICAL
A temporary sign announcing or supporting political candidates, announced or supported by the owner or occupant of the appurtenant property.
SIGN, PORTABLE TEMPORARY
A sign not exceeding six square feet in area per face or four feet in height, located on private property, a minimum distance of 10 feet from any side or rear property line and designed or intended to be easily moved by a single person of average physical strength without the need of additional equipment and that is not permanent embedded in the ground or affixed to any building or other structure and that is intended or designed to be displayed for a limited time period.
SIGN, PROJECTING
Any sign which is attached to a building or other structure and extends beyond the line of said building or structure, or beyond the surface of that portion of the building or structure to which the sign is attached, and not parallel to the face of the building.
SITE
A parcel of land, a lot or group of contiguous lots under single ownership that is in the process of being developed or proposed for development.
SITE PLAN
A drawing prepared to specifications and containing necessary elements, as set forth in submission requirements of the department facilitating review, which shows the arrangement, layout and design of the proposed use of a single parcel, or parcels as the case may be, of land as shown on said plan. Site plan approval is subject to the requirements identified within Article XII.
SKETCH PLAN
A sketch of a proposed subdivision showing the information specified in Article XV, Miscellaneous Provisions, of this chapter to enable the subdivider to save time and expense in reaching general agreement with the Planning Board or Town Board, as the case may be, as to the form of the layout and objectives of these regulations.
SPECIAL USE
A use which is deemed allowable within a given zoning district, but which is potentially incompatible with other uses and, therefore, is subject to special standards and conditions of such use, subject to the approval of the Town Board, Planning Board, or Zoning Board, as the case may be, and complying with the requirements of Town Law § 274-b.
STABLE ANGLE OF REPOSE
The limiting steepness beyond which soils will slip downhill or become unstable.
STANDS OF TREES
A grouping of three or more trees of six inches or more in diameter at any point 4.5 feet above existing ground level.
STEEP SLOPE
All areas in the Town of Penfield within 50 feet of the top or toe of a fifteen-percent slope or greater, as identified on the Steep Slope EPOD Map and as further defined in § 250-6.1G.
A. 
One-story building: may consist of a basement and one floor, provided the basement ceiling is less than six feet above grade.
B. 
Two-story building: may consist of a basement, first floor and second floor, provided the basement is less than six feet above grade.
C. 
One-and-one-half story building: may consist of a basement, first floor and second floor, provided the distance from the second floor to the mean of the roof does not exceed seven feet and the basement ceiling is less than six feet above grade.
STORY
The portion of a building which is between one floor level and the next higher floor level or the roof. If a mezzanine floor area exceeds 1/3 of the area of the floor immediately below, it shall be deemed to be a story. A basement shall be deemed to be a story when its ceiling is six feet or more above the finished grade.
STRUCTURALLY ALTERED
In addition to its other ordinary applications, any alteration whereby a building or other structure is adapted to another or a different use, and to any alteration or repair.
STRUCTURE
An assembly of materials forming a construction made of component structural parts for occupancy or use, excluding fences, retaining walls, or decorative gardening materials.
SUBDIVISION
The division of one parcel into two or more parcels. The term "subdivision" may include any alteration of lot lines or dimensions of any lots shown on a plat previously approved and filed in the office of the County Clerk which is also referred to as "resubdivision." Subdivisions are subject to the requirements identified within Article XI.
SUBDIVISION PLAT
A drawing, in final form, showing a proposed subdivision and containing all information or detail required by law and by this chapter to be presented to the Planning Board or Town Board, as the case may be, for approval, and which, if approved, shall be duly filed and recorded by the applicant in the office of the County Clerk.
SUBSURFACE
Below the surface of the earth, or of a body of water, as the context may require.
TELECOMMUNICATIONS
The transmission and reception of audio, video, data and other information by wire, radio, light, and other electronic or electromagnetic systems.
TELECOMMUNICATIONS TOWER
A structure on which one or more transmitting and/or receiving antennas are located.
TEMPORARY OUTSIDE STORAGE AND DISPLAY PERMIT
A permit granted by the authorized official and issued by the Town Clerk for commercial properties to allow the storage and display of merchandise to be sold by the business. The business is permitted a maximum of three permits per year of a duration of one week or less. The applicant shall be required to pay any and all fees established for this permit.
TEMPORARY RECREATIONAL PERMIT
A permit granted by the authorized official and issued by the Town Clerk for recreational activities of a duration of one week or less. Examples of temporary recreational uses shall include, but are not limited to, carnivals, concerts, promotional baseball events, and athletic tournaments.
TOWER
Any tower, pole, windmill or other structure, whether attached to a building, guyed, or freestanding, designed or to be used for and/or for the support of any device for the transmission and/or reception of radio frequency signals, including but not limited to broadcast, short-wave, citizen's band, FM or television, microwave and any wind-driven devices, whether used for energy conservation or not.
TOWNHOUSE
A dwelling unit which is one of a series of units, having a common party wall between each adjacent unit, each with private outside entrance.
A. 
A portable vehicular structure, mounted on wheels, of such size or weight as not to require special highway movement permits when drawn by a motor vehicle, primarily designed and constructed to provide temporary living quarters for recreational, camping or travel use;
B. 
Any vehicle or structure designed and used for human living quarters which meets all of the following qualifications:
(1) 
Is not used as the permanent residence of the owner or occupant.
(2) 
Is used for temporary living quarters by the owner or occupant while engaged in recreational or vacation activities.
(3) 
Is towed or otherwise transported by its own or by other motor power on the public streets or highways incidental to such recreational or vacation activities.
TREE PRESERVATION ZONE
All areas in the Town of Penfield of less than five acres with stands of trees measuring six inches or more in diameter at any point 4.5 feet above existing ground level.
TRUCK CAMPER
A portable structure designed to be loaded onto, or affixed to the bed or chassis of, a truck and constructed to provide temporary living quarters for recreation, camping or travel use.
UNDERGROUND INJECTION
Subsurface emplacement of natural gas and/or petroleum extraction, exploration or production wastes by or into an injection well.
UNDERGROUND NATURAL GAS STORAGE
Subsurface storage, including in depleted gas or oil reservoirs and salt caverns, of natural gas that has been transferred from its original location, whether for the purpose of load balancing the production of natural gas or for any other reason, including without limitation short-term, long-term, or intermittent storage for product quality, processing, or transportation purposes, or because of market conditions. Without limitation, this term includes compression and dehydration facilities.
UNDEVELOPED LOT
A lot on which the construction of any structure has not occurred.
U-PICK OPERATION
Farms, farm markets, orchards or similar agricultural operations where the customers of such operation harvest the fruits or products directly from the plants themselves in exchange for compensation to the owner or operator of such operation.
USABLE SATELLITE SIGNAL
A satellite signal which, when viewed on a conventional television set, is at least equal in picture quality to that received from local commercial television stations using typical residential antennas or by way of cable television.
USE, EXPLICITLY PROHIBITED
The explicitly prohibited uses defined and described in Article IV of this chapter.
USE, NONCONFORMING
See "nonconforming use."
USE, PERMITTED
See "permitted structure or use."
USE, PRINCIPAL
See "principal structure or use."
VARIANCE
An area variance or a use variance as the context may require.
A. 
The authorization by the Zoning Board of Appeals for the use of land in a manner that is not otherwise allowed by the dimensional or physical requirements of the applicable zoning regulations.
B. 
The authorization by the Zoning Board of Appeals for the use of land for a purpose that is not otherwise allowed or is prohibited by the applicable zoning regulations.
WATERCOURSE
Any identifiable natural or man-made channel which has measurable detectable flow on a continual basis throughout most of the year and as further defined in § 250-6.1J.
A. 
Those uses which require direct access to the waterfront in order to function (water-dependent); or
B. 
Those uses which have no critical dependence on a waterfront location but the profitability of those uses and/or the enjoyment levels of the users would be significantly enhanced if the uses were adjacent to or had visual access to the waterfront (water-enhanced).
WOODLAND PROTECTION DISTRICT
All areas in the Town of Penfield of five or more contiguous acres of woods and unique or sensitive areas of less than five acres, as identified on the woodland EPOD Map and further defined in § 250-6.1H. Areas of active orchards are not included.