This chapter shall be known as the "Zoning Law of the Town of
Milo," hereinafter referred to as "this chapter."
The purpose of this chapter is, but shall not be limited to,
promoting the health, safety and general welfare by guiding the development
of the Town by means of the Comprehensive Plan which is, in part,
carried out by the provisions of this chapter. It is further intended
to provide regulations and standards that will preserve the rural
character of Town and provide direction for orderly growth and development,
together with flexibility to respond to changing socioeconomic circumstances.
Lastly, it is one of the prime goals of the Town that the provisions
of this chapter shall be construed, enforced and interpreted in such
a manner as it will not cause a prohibited infringement upon the constitutional
rights of free speech, free expression, due process, equal protection
or other fundamental rights as prescribed by law.
The provisions of this chapter shall apply to all land, structures
and/or uses that are located within the Town of Milo, which are outside
of the Village of Penn Yan. Exemption(s):
A.
Building and/or construction methods. This chapter shall not abrogate
or restrict building and/or construction methods that are prescribed
by the Energy Code, Uniform Code and/or any other applicable law.
For example, a single-unit dwelling can be built using post-and-beam
framing method (AKA "pole barn framing") in lieu of a platform framing
method, which the latter is the most common type of framing method.
B.
Essential public services. This chapter shall not abrogate or restrict
the erection, construction, alteration, or maintenance of essential
public services.
C.
Family or group family day care home. This chapter shall not abrogate
or restrict the use of a dwelling unit as a family day care home and
group family day care home that is licensed and regulated by NYS Office
of Children and Family Services, hereinafter referred to as OCFS.
D.
Farm worker housing unit. This chapter shall not abrogate or restrict
the erection, construction, alteration or maintenance of farm worker
housing units.
E.
Government actions. This chapter shall not abrogate or restrict government
actions that are exempt from zoning regulations pursuant to law.
F.
Lands and/or uses operated, owned and/or regulated by Yates County,
NYS and/or federal government. This chapter shall not abrogate or
restrict lands and/or uses operated, owned and/or regulated by Yates
County, NYS or federal government that are exempt from zoning regulations
pursuant to law.
G.
Maintenance and repairs. This chapter shall not abrogate or restrict
the maintenance and/or repairs of existing land or structures, if
such work does not result in any change of use, change in location
or dimensional modification of such land or structure.
H.
Major electric generating facility. This chapter shall not abrogate
or restrict the erection, construction, alteration or maintenance
of major electric generating facilities that are governed by Article
10 of the Public Service Law of NYS, as currently in effect and as
hereafter amended from time to time.
I.
Major renewable energy system. This chapter shall not abrogate or
restrict the erection, construction, alteration or maintenance of
major renewable energy systems that are governed by Section 94-C of
the Executive Law of NYS, as currently in effect and as hereafter
amended from time to time.
J.
Mining. This chapter shall not abrogate or restrict how mining operations
are conducted, which the AHJ is the NYSDEC pursuant to Article 23
of the Environmental Conservation Law of NYS, as currently in effect
and as hereafter amended from time to time.
K.
Right to farm. This chapter shall not abrogate or restrict any agricultural
practice determined to be a "sound agricultural practice" by the NYS
Commissioner of Agriculture and Markets pursuant to Article 25-AA
of the Agriculture and Markets Law of NYS, as currently in effect
and as hereafter amended from time to time, at any lot of record located
partially or wholly in an NYS-certified agricultural district.
L.
Subsurface rights. This chapter shall not abrogate or restrict any
subsurface rights acquired by deed or lease, but all surface or above-surface
operations and structures in conjunction therewith shall be subject
to the regulations established in this chapter.
M.
Vested rights. This chapter shall not abrogate or restrict any vested
rights in the continuation of any particular use, district, zoning
classification or any permissible activities therein; and they are
hereby declared to be subject to subsequent amendment, change or modification
as may be necessary for the preservation, protection or promotion
of the public health, safety and general welfare.
It is the intention of the Town that this chapter, including
any subsequent amendments hereto, shall implement the recommendations
described within the Comprehensive Plan, as may be amended from time
to time.
This chapter is adopted under the grant of power as set forth
in Article 2 of the Municipal Home Rule Law of NYS, as currently in
effect and as hereafter amended from time to time.
A.
Scope. Unless otherwise expressly stated, the following abbreviations,
acronyms and definitions shall, for the purpose of this chapter, have
the meanings shown in this chapter.
B.
Interchangeability. Words used in the present tense include the future;
words stated in the masculine gender include the feminine and neuter;
the singular number includes the plural and the plural, the singular.
C.
Terms defined in other codes. Where the terms are not defined in
this chapter and are defined in local, state or federal law, such
terms shall have the meanings ascribed to them as in such law.
D.
Terms not defined. Where terms are not defined by the methods authorized
by this chapter, such terms shall have the ordinarily accepted meanings
such as the context applies.
|
Abbreviation/Acronym
|
Term
|
|---|---|
|
AASHTO
|
American Association of State Highway and Transportation Officials
|
|
ADA
|
Americans with Disabilities Act[1]
|
|
AG
|
Agriculture Zoning District of the Town of Milo
|
|
AHJ
|
Authority having jurisdiction
|
|
ANSI
|
American National Standards Institute
|
|
AR
|
Agricultural Residential Zoning District of the Town of Milo
|
|
ASTM
|
American Society for Testing and Materials
|
|
ATF
|
United States Department of Justice, Bureau of Alcohol, Tobacco,
Firearms and Explosives
|
|
CEO
|
Code Enforcement Officer
|
|
CFR
|
Code of Federal Regulations
|
|
CO
|
Commercial Zoning District of the Town of Milo
|
|
EAF
|
New York State environmental assessment form
|
|
EPA
|
United States Environmental Protection Agency
|
|
FAA
|
United States Federal Aviation Administration
|
|
FCC
|
Unites States Federal Communications Commission
|
|
FDA
|
United States Food and Drug Administration
|
|
HA
|
Hamlet Zoning District of the Town of Milo
|
|
HUD
|
United States Department of Housing and Urban Development
|
|
HVAC
|
Heating, ventilation and air conditioning
|
|
IESNA
|
Illuminating Engineering Society of North America
|
|
ITE
|
Institute of Transportation Engineers
|
|
LCOM
|
Lakefront Commercial Zoning District of the Town of Milo
|
|
LI
|
Light Industrial Zoning District of the Town of Milo
|
|
LREC
|
Lakefront Recreational Zoning District of the Town of Milo
|
|
LRES
|
Lakefront Residential Zoning District of the Town of Milo
|
|
MHWL
|
Mean high-water line
|
|
NATE
|
National Association of Tower Erectors
|
|
NEC
|
National Electrical Code
|
|
NESC
|
National Electrical Safety Code
|
|
NFPA
|
National Fire Protection Association
|
|
NRA
|
National Rifle Association
|
|
NRC
|
Unites States Nuclear Regulatory Commission
|
|
NRCS
|
United States Natural Resources Conservation Service
|
|
NYS
|
New York State
|
|
NYCRR
|
New York Codes, Rules and Regulations
|
|
NYSDAM
|
New York State Department of Agriculture and Markets
|
|
NYSDEC
|
New York State Department of Environmental Conservation
|
|
NYSDOH
|
New York State Department of Health
|
|
NYSDOT
|
New York State Department of Transportation
|
|
NYSED
|
New York State Department of Education
|
|
NYSERDA
|
New York State Energy Research and Development Authority
|
|
NYSOFA
|
New York State Office of the Aging
|
|
NYSOPRHP
|
New York State Office of Parks, Recreation and Historic Preservation
|
|
OCFS
|
New York State Office of Children and Family Services
|
|
OSHA
|
United States Occupational Safety and Health Administration
|
|
SEQRA
|
New York State Environmental Quality Review Act
|
|
UL
|
Underwriters Laboratories
|
|
USDA
|
United States Department of Agriculture
|
|
WECS
|
Wind energy conversion system
|
|
YCSWCD
|
Yates County Soil and Water Conservation District
|
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
As used in this chapter, the following terms shall have the
meanings indicated:
Any decorative or functional elements placed on or adjacent
to a driveway, including but not limited to fencing, gates, gatehouses,
gateposts or pillars.
Shall be defined and regulated by the Adult Entertainment
Establishment Law of the Town of Milo, as currently in effect and
as hereafter amended from time to time.[1]
A use that provides aeronautical infrastructure and services.
Examples are, but shall not be limited to, aircraft repair facilities,
aircraft hangers, aircraft fueling facilities, flight instruction
and air chartering.
A person who shall have charge, care or control of any land,
structure, work and/or use on behalf of the owner, or as executor,
executrix, administrator, administratrix, trustee or guardian of the
estate of the owner. Any such person representing the actual owner
shall be bound to comply with the provisions of this chapter to the
same extent as if that person was the owner.
A structure designed and constructed to house farm implements,
hay, grain, poultry, livestock or other horticultural products. This
structure shall not be a place of human habitation or a place of employment
where agricultural products are processed, treated or packaged, nor
shall it be a place used by the public.
Any individual, partnership, corporation, limited liability
company, organization or business entity primarily supplying marketable
agricultural products, including but not limited to breweries, farm
cooperatives, farm machinery repair and sales, farm markets, seed
processing and supply, and wineries that are not otherwise specifically
defined as a "farm operation" by the Agriculture and Markets Law of
NYS, as currently in effect and as hereafter amended from time to
time.
Shall bear the same meaning as "agricultural fairground"
that is defined in Part 7, Subpart 7-5, of the Sanitary Code of NYS,
as currently in effect and as hereafter amended from time to time.
Any milk processing plant, feed storage supply facility,
farm machinery or equipment sales and service facility; bulk storage
and/or processing facility for fruits, vegetables and other agricultural
products or a similar use directly and customarily related to the
supply and service of a farm operation.
Shall bear the same meaning as "agricultural tourism" that
is defined in § 301 of the Agriculture and Markets Law of
NYS, as currently in effect and as hereafter amended from time to
time.
An area of land or water used or intended to be used for the
landing and taking off of aircraft; and
An appurtenant area used or intended to be used for airport
buildings or other airport facilities or rights-of-way; and
Airport buildings and facilities located in any of those areas;
and
Includes a heliport.
An airport owned and operated by the county.
A surface capable of allowing vehicle access during any weather
condition, including packed gravel, seal-coated asphalt, asphalt,
concrete or similar material.
A structure or a series of structures, attached to or detached
from a principal building or accessory structure, which are used in
the transmission of amateur radio communications, which shall include
any antennas or other appurtenances (e.g., guy wires).
Shall bear the same meaning as "appeal" that is defined in
§ 267-a of the Town Law of NYS, as currently in effect and
as hereafter amended from time to time.
An owner submitting an application to permit development
and/or a type of use at his/her/their lot of record in order to obtain
a determination by the designated approval authority.
Acceptable to an AHJ.
Shall bear the same meaning as "building area" that is defined
in the Uniform Code.
The space between the ceiling beams of the top story and
the roof rafters.
An agency, board, department, organization, office or individual
responsible for enforcing the requirements of a code or standard,
or for approving equipment, materials, an installation, project or
a procedure.
Shall bear the same meaning as "bed-and-breakfast dwelling"
that is defined in the Uniform Code.
A single-unit dwelling for the sheltered care of persons
with special needs, which, in addition to providing food and shelter,
may also provide some combination of personal care, social or counseling
services, and transportation. Such home shall be under the custody,
licensure, supervision or jurisdiction of an agency or department
of NYS and shall comply with the established laws or regulations of
that agency or department. For the purposes of this chapter, a boarding
home for sheltered care shall be classified as a single-unit dwelling.
A building arranged or used for lodging for compensation,
with or without meals, and not occupied as a single-unit dwelling.
For the purposes of this chapter, a boardinghouse shall be classified
as either a hotel or motel, which such classification is dependent
of the location of the door to a sleeping unit, for transient occupancy
and as a multiple-unit dwelling where occupants are primarily permanent
in nature.
Landscaped areas, fences, walls, berms or any combination
thereof used to physically and visually separate one use or lot of
record from another in order to mitigate significant adverse impacts,
such as but not limited to light and noise. Lastly, a buffer required
to be installed by this chapter shall have a minimum width of 10 feet
and a maximum height of six feet for man-made elements (e.g., fences,
walls, etc.) and soft landscaping shall be at least four feet at the
time of planting and at least six feet within three years from the
date of initial planting.
 Figure 2 - Buffer
|
Any structure utilized or intended for supporting or sheltering
any occupancy.
The ratio of the total footprint area of all structures,
whether defined as an accessory structure or principal building, on
a lot of record to the area of such lot, which shall be expressed
as a percentage.
The entire side of a structure, from ground level to the
roofline, as viewed perpendicular to the walls on that side of the
structure.
The three-dimensional space within which a structure is permitted
to be built on a lot of record.
 Figure 1 - Building Envelope
|
A line formed by the intersection of a horizontal plane and
a vertical plane that coincides with the exterior surface of a structure
on any side. Except for permitted projections into yards as prescribed
by this chapter, the vertical plane will coincide with the most projected
surface of such structure. All yard requirements are measured to the
building line.
A building that is occupied by the principal use of the lot
of record on which it is located.
An aboveground installation for the storage, handling and
selling of flammable fuels and from which fuels are sold at wholesale
or distributed to retail stations. For clarification purposes, any
fuel storage tank (e.g., propane) used for private use shall be considered
an incidental accessory use to the principal use (e.g., fuel storage
tanks for dwellings, greenhouses, milk parlors, etc.).
 Figure 3 - Bulk Fuel Storage Facility
|
Zoning Ordinance restrictions to provide a combination of
controls (e.g., lot size, building coverage, building height, yards,
etc.) for the orderly development at a lot of record, which are aimed
at providing land and/or structures with, but not limited to, sufficient
access, air, fire protection, light and open space.
Shall bear the same meaning as "children's overnight
camp" that is defined in 10 NYCRR, Chapter I, Part 7, Subpart 7-2,
Section 7-2.2 of the Sanitary Code of NYS, as currently in effect
and as hereafter amended from time to time.
Shall bear the same meaning as "summer day camp" that is
defined in 10 NYCRR, Chapter I, Part 7, Subpart 7-2, Section 7-2.2
of the Sanitary Code of NYS, as currently in effect and as hereafter
amended from time to time.
Any parcel or tract of land, including buildings or other
structures, under the control of any person, where three or more campsites
are available for temporary or seasonal overnight occupancy.
All parts of the plant of the genus cannabis, whether growing
or not; the seeds thereof; the resin extracted from any part of the
plant; and every compound, manufacture, salt, derivative, mixture,
or preparation of the plant, its seeds or resin. For the purpose of
this definition, "cannabis" does not mean "hemp" as defined by Article
29 of the Agriculture and Markets Law of NYS, as currently in effect
and as hereafter amended from time to time.
Any cannabis, concentrated cannabis, or cannabis-infused
or extracted products, or products which otherwise contain or are
derived from cannabis, and which have been authorized for distribution
to and for use by a cannabis consumer as determined by NYS.
A business licensed by NYS that may purchase adult-use cannabis
products, from adult-use cannabis cultivators, processors or distributors,
and that may sell approved adult-use cannabis products, in a retail
outlet, in accordance with regulations determined by NYS.
A dwelling unit occupied by an individual or group of individuals
who is/are responsible for maintenance and/or security of a land,
structure and/or use. This individual shall be the owner or an employee
of the owner.
Land used for the burial of the dead and any cemetery-related
structures located thereon are dedicated for such purpose, which shall
include but is not limited to columbaria, crematories and/or mausoleums.
A certificate issued by the Code Enforcement Officer certifying
that a land, structure or use of a land or structure is in compliance
with all requirements of this chapter in existence as of the date
of the issuance of such certificate.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
Shall bear the same meaning as "child day care" that is defined
in 18 NYCRR, Chapter II, Subchapter C, Article 2, Part 413, Section
413.2(a), as currently in effect and as hereafter amended from time
to time.
An establishment whose primary use is child day care and
is regulated and licensed by OCFS. Such term shall be categorized
into the following:
CHILD DAY-CARE CENTERShall bear the same meaning as "child day-care center" that is defined in 18 NYCRR, Chapter II, Subchapter C, Article 2, Part 413, Section 413.2(b)(1), as currently in effect and as hereafter amended from time to time.
FAMILY DAY CARE HOMEShall bear the same meaning as "family day care home" that is defined in 18 NYCRR, Chapter II, Subchapter C, Article 2, Part 413, Section 413.2(b)(2), as currently in effect and as hereafter amended from time to time.
GROUP FAMILY DAY CARE HOMEShall bear the same meaning as "group family day care home" that is defined in 18 NYCRR, Chapter II, Subchapter C, Article 2, Part 413, Section 413.2(b)(3), as currently in effect and as hereafter amended from time to time.
SCHOOL-AGE CHILD CARE PROGRAMShall bear the same meaning as "school-age child care program" that is defined in 18 NYCRR, Chapter II, Subchapter C, Article 2, Part 413, Section 413.2(b)(4), as currently in effect and as hereafter amended from time to time.
SMALL DAY-CARE CENTERShall bear the same meaning as "small day-care center" that is defined in 18 NYCRR, Chapter II, Subchapter C, Article 2, Part 413, Section 413.2(b)(5), as currently in effect and as hereafter amended from time to time.
The municipal officer or other authority designated by the
Town Board who is charged with the administration and enforcement
of this chapter or any other applicable law.
Any activity that sells, offers for sale, or does or offers
to exchange for any form of consideration, goods and/or services,
regardless if the activity is for profit or not.
A commercial use that generally uses open sales yards, outside
equipment storage or outside activities that generate noise or other
impacts considered incompatible with less-intense uses. Typical establishments
or businesses in this definition are, but shall not be limited to,
bulk fuel storage facilities, contractor's storage yards, lumberyards,
heavy equipment suppliers, and warehouses.
A commercial use that generally has retail or wholesale sales,
office uses, or services, which does not generate noise or other impacts
considered incompatible with less-intense uses. Businesses within
this definition only include those that conduct sales and storage
entirely within an enclosed and permanent structure with the exception
of occasional outdoor "sidewalk" promotions. Typical establishments
or businesses in this definition are, but shall not be limited to,
commercial/public garages, financial institutions (e.g., banks, credit
unions, etc.), mercantile occupancies (pharmacy, grocery store, clothing
store, etc.), and assembly uses intended for food and/or drink consumption
(e.g., tavern, restaurant, etc.).
The declaration of purposes and planning recommendations
to help guide the development of the Town.
Next to, abutting, or touching and having a boundary or portion
thereof, that is coterminous.
 Figure 4 - Contiguous Lots
(Note: Lots A and B are contiguous but Lot C is not contiguous
to either Lots A or Lot B)
|
A lot or portion thereof used to store and maintain construction
equipment and other materials and facilities customarily required
in the building trade by a construction contractor.
Appliances and/or facilities designed to be used for the
cooking of food, such as but not limited to an electric griddle, hotplate,
microwave oven, oven, range, stove, or toaster oven.
Shall bear the same meaning as "correctional facility" that
is defined in Article 1 of the Correction Law of NYS, as currently
in effect and as hereafter amended from time to time.
One or more clusters of single-unit dwellings, where the
gross floor area of each dwelling shall not exceed 1,500 square feet,
developed under a single land development plan in compliance with
the applicable provisions of this chapter.
A membership organization formed for recreational purposes
which includes a clubhouse, golf course and may include other recreational
activities, such as swimming pools, tennis courts and squash courts.
Dining facilities, meeting rooms, lounges, snack bars and retail sales
may also be permitted as accessory uses.
Yates County, New York.
The County Clerk of Yates County.
A building to present exhibits of cultural, scientific or
academic material, live theater and dance performances, musical concerts,
cinema, lectures or a combination thereof to the general public as
a nonprofit enterprise.
A minimal deviation from the norm or standard.
The maximum number of dwelling units allowed at a lot of
record. Such number of dwelling units is computed by dividing the
actual lot area of such lot by the minimum lot area required for the
zoning district where it is located. For example, the maximum number
of dwelling units for a lot of record is two when the actual lot area
of a lot of record is eight acres and the minimum lot area for the
zoning district where it is located is four acres.
An AHJ that has been charged with the review and approval
of applications as prescribed by this chapter.
An owner who undertakes development activities.
Any activity, other than unimproved open space, which materially
affects the existing condition or use of any land or structure.
A development that combines two or more different types of
uses, whether housed in a single building or in separate buildings,
at a lot of record. As an example, a building may include commercial
uses on the ground floor and residential uses on the upper floors.
 Figure 5 - Mixed Use Development
|
A building used as a group living quarters for a student
body or religious order as an accessory use to a higher education
school, boarding school, convent, monastery or similar institutional
use. For the purposes of this chapter, a dormitory shall be classified
as either a hotel or motel, which such classification is dependent
of the location of the door to a sleeping unit, for transient occupancy
and as a multiple-unit dwelling where occupants are primarily permanent
in nature.
Any portion of a building from which business is transacted,
or is capable of being transacted, directly with customers located
in a vehicle during such business transactions. A drive-through window
facility is considered an accessory use to a commercial use such as,
but not limited to, a bank or restaurant. However, a vehicle service
station is not considered a drive-through window facility for purposes
of this chapter.
A portion of a lot of record used primarily as a means for
vehicle ingress and egress from such lot and the temporary parking
for one or more vehicles which are generally associated with the owner
of such lot.
A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
An accessory structure that is a secondary single-unit dwelling
located on the same lot of record as the principal building/use, which
shall be a single-unit dwelling.
 Figure 6 - Accessory Dwelling Unit
|
A building or portion thereof designed for occupancy by three
or more families living independently in which they may or may not
share common entrances and/or other spaces.
A building designed or arranged to be occupied by one family
living independently, with such building having only one dwelling
unit.
A building designed or arranged to be occupied by two families
living independently, with such building having only two dwelling
units.
The NYS Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
A form used in the environmental review process prescribed
in SEQRA as that term is defined in 6 NYCRR, Chapter VI, Part 617,
State Environmental Quality Review, as currently in effect and as
hereafter amended from time to time.
Commodities and/or services provided by government and/or
public service agencies that provide services on behalf of the public,
which are critical to the health, safety, and welfare of the public.
Essential public services may include, but are not limited to, governmental
offices, parks and recreation facilities; public transit facilities;
schools; gas, electric, steam and/or telecommunications distribution
and/or generation systems; sanitary sewer, stormwater conveyance and
water distribution systems; wastewater treatment plants; water treatment
plants; emergency communications systems and their customarily related
appurtenances; emergency services; municipal animal shelter; and municipal
highway facilities. However, such term shall not include correctional
facilities, junkyards and facilities used for the disposal of solid
waste.
A building or structure erected prior to the effective date
of this chapter, or one for which a legal certificate or permit has
been issued by the Town.
One or more persons, which such persons are not necessarily
related by adoption, blood, guardianship or marriage, living together
in a dwelling unit as a single housekeeping unit. In determining whether
a group of persons is living together as a family unit, the following
criteria must be present:
The group of persons are one which, in theory, size, appearance,
structure and function. resembles a family unit; and
The group of persons share the entire dwelling unit and cook,
eat, live and sleep together as a single housekeeping unit. Such housekeeping
unit in which the various persons act as separate roomers may not
be deemed to be occupied by a family unit; and
The group of persons share expenses for food, rent or ownership
costs, utilities and other household expenses; and
The group of persons are categorized as a family unit as prescribed
by law.
For the purposes of this chapter, this term does not include
such person(s) occupying a boardinghouse, dormitory, fraternity, extended
stay hotel, hotel, lodging house, motel, rooming house, sorority or
like uses; or any group of individuals who are in a group living arrangement
as a result of criminal offenses.
Shall bear the same meaning as "farm operation" that is defined
in § 301 of the Agriculture and Markets Law of NYS, as currently
in effect and as hereafter amended from time to time.
A structure for the display and sale of farm products primarily
grown on the lot of record upon which such stand is located.
An arrangement or combination of farm waste electric generating
equipment or other materials, hardware or equipment necessary to the
process by which agricultural waste biogas is produced, collected,
stored, cleaned, and converted into forms of energy, such as thermal,
electrical, mechanical or chemical, and by which the biogas and converted
energy are distributed on-site. It does not include pipes, controls,
insulation or other equipment which are part of the normal heating,
cooling or insulation system of a structure. Lastly, such system shall
be classified as a customarily accessory use to an essential public
service or a farm operation.
A dwelling unit located on an active farm operation located
in an NYS-certified agricultural district that is accessory to such
operation and is occupied by employees of the farm, members of the
farm household and/or their guests.
Shall bear the same meaning as "fire separation distance"
that is defined in the Uniform Code.
Shall bear the same meaning as "floor area, gross" that is
defined in the Uniform Code.
Shall bear the same meaning as "floor area, net" that is
defined in the Uniform Code.
Shall bear the same meaning as "food processing establishment
and commissary" that is defined in Part 14, Subpart 14-1 of the Sanitary
Code of NYS, as currently in effect and as hereafter amended from
time to time.
The horizontal area, as seen in plan view, of a structure,
measured from the outside of exterior walls and supporting columns.
 Figure 7 - Footprint of Various Structure Shapes
|
A building containing sleeping rooms, bathrooms, common rooms,
and a central kitchen and dining room maintained exclusively for fraternity
or sorority members and their guests and visitors and affiliated with
a higher education school.
The width of a lot of record abutting a road that is measured
at the front lot line. For clarification purposes, frontage at a lot
of record shall not be less than the lot width prescribed in the bulk
regulations for the applicable zoning district unless permitted otherwise
by this chapter.
 Figure 8 - Frontage
|
Shall bear the same meaning as "funeral establishment" that
is defined in § 3400 of the Public Health Law of NYS, as
currently in effect and as hereafter amended from time to time.
A detached structure or a portion of a building where vehicles,
excluding aircraft, used by the occupants of the principal building
at a lot of record are stored. For the purposes of this chapter, this
definition shall also include carports and similar types of structures
used for the storage of private vehicles.
A reference plane representing the average of finished ground
level adjoining the structure at exterior walls.
 Figure 9 - Grade Plane
|
The vertical distance from grade plane to the top of a flat,
shed or mansard roof, and the average distance between the bottom
of the eaves to the highest point of a pitched, hipped, gambrel, or
gable roof.
 Figure 10 - Building Height at Various Types of Roofs
 Figure 11- Building Height at a Sloped Lot of Record
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An airport, or an area of an airport, used or intended to
be used for the landing and takeoff of helicopters.
Hydraulic fracturing using 300,000 gallons or more of water
as the primary carrier fluid in the hydraulic fracturing fluid.
Any water withdrawal system capable of withdrawing water
at or above a rate of the threshold volume, which such volume is defined
in 6 NYCRR, Chapter V, Subchapter E, Part 601, as currently in effect
and as hereafter amended from time to time.
An occupation or business use that results in a product or
service for financial gain and is conducted in whole or in part in
a single-unit dwelling or an accessory structure that is an accessory
use to such dwelling.
Shall bear the same meaning as "hospice" and "hospice residence"
that are defined in Article 40 of the Public Health Law of NYS, as
currently in effect and as hereafter amended from time to time.
A heavy commercial use providing primary health services
as well as medical and surgical care to persons, primarily inpatients,
suffering from illness, disease, injury, deformity, and other abnormal
physical or mental conditions and including as an integral part of
the institution related facilities, such as but not limited to laboratories,
outpatient facilities, training facilities, medical offices, and staff
residences.
A building, or any part thereof, that contains sleeping units
for transient occupancy; sleeping units face inward with doors opening
to interior hallways, a common exterior entrance or entrances (e.g.,
main lobby) and typically contains one or more additional services,
such as but not limited to restaurants, meeting rooms, and recreational
facilities intended for use by the hotel's guests.
A hotel that contains one or more dwelling units for transient
occupancy.
A dwelling unit where the occupants have common use and access
to all living and eating areas, bathrooms, and food preparation and
serving areas.
A stimulation technique involving the pumping of hydraulic
fracturing fluid, possibly with a proppant, into a formation to create
fractures to increase formation permeability and productivity, but
shall not include other operations during a workover.
Fluid used to perform hydraulic fracturing, which includes
the primary carrier fluid and all applicable additives.
Any activity conducted in connection with the manufacture,
assembly, disassembly, fabrication, resource recovery, storage or
processing of materials or products, all or any part of which is marketed
off the premises or marketed to other than the ultimate consumer.
An industrial use where any portion of the processing, fabricating,
assembly, or disassembly takes place within an enclosed building and/or
outside or in an open structure. Typical items for processing, fabricating,
assembly, or disassembly include, but shall not be limited to, exploration
and/or extraction of natural resources (e.g., mining), high volume
water withdrawal systems, solid waste transfer stations, steel manufacturing,
underground natural gas storage facilities and other related uses,
particularly those that require very large buildings, heavy volumes
of truck traffic for supplies or shipments, or that may require substantial
mitigation to avoid a significant adverse impact to the operational
performance standards prescribed in this chapter.
An industrial use where all processing, fabricating, assembly,
or disassembly of items takes places wholly within an enclosed building,
serviced by a low to medium volume of vehicles and imposes a negligible
impact on the operational performance standards prescribed in this
chapter. Typical items for processing, fabricating, assembly, or disassembly
tend to be targeted toward the end consumers rather than other businesses,
such as, but shall not be limited to, clothing manufacturing, consumer
electronics manufacturing, food processing establishments and commissaries,
pharmaceuticals and other related uses, particularly those that require
a low to medium volume of truck traffic for supplies or shipments
and will not create a significant adverse impact to the operational
performance standards prescribed in this chapter.
Shall be defined and regulated by the Junkyard Law of the
Town of Milo, as currently in effect and as hereafter amended from
time to time.[2]
A reasonable ground for belief that certain alleged facts
exist and those facts would induce a prudent public officer, acting
within the scope of his or her duties, to believe a cause for the
extension of an application, certificate, notice, order or permit
is appropriate and proper.
Shall be defined and regulated by the Animals Law of the
Town of Milo, as currently in effect and as hereafter amended from
time to time.[3]
Shall bear the same meaning as "land surveyor" that is defined
in Title VIII, Article 145, of the Education Law of NYS, as currently
in effect and as hereafter amended from time to time.
Shall bear the same meaning as "landscape architect" that
is defined in Title VIII, Article 148 of the Education Law of NYS,
as currently in effect and as hereafter amended from time to time.
The finishing and adornment of yards at a lot of record that
are not covered by driveways, parking lots, structures, etc. Typically,
landscaping is classified into the following categories:
HARD LANDSCAPINGA type of landscaping which prominently uses hard materials, such as but not limited to concrete, masonry, metals, stone and wood (e.g., outdoor fireplaces, patios, stone walls, etc.). This term is also know as "hardscaping."
 Figure 12 - Hard Landscaping
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SOFT LANDSCAPINGA type of landscaping which prominently uses soft materials, such as but not limited to flowers, grass, shrubs and trees, but may also include container gardens, potted plants, and hanging baskets. This term is also known as "softscaping."
 Figure 13 - Soft Landscaping
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For clarification purposes, crops, farm woodlands, nurseries
and other agricultural related products and uses as defined in § 301
of the Agriculture and Markets Law of NYS, as currently in effect
and as hereafter amended from time to time, shall not be classified
as landscaping.
Animals other than household pets that shall be permitted
to, where permitted, be kept and maintained for commercial production
and sale and/or family food production, education or recreation. Farm
animals are typically identified by these categories: large animals
(e.g., horses and cattle); medium animals (e.g., sheep, swine and
goats); or small animals (e.g., rabbits, chinchillas, chickens, turkeys,
pheasants, geese, ducks and pigeons).
A portion of a principal building or an accessory structure
that is used solely as a sleeping unit for the occupants of the principal
building; such living quarters shall not have a kitchen and shall
not be used as an independent dwelling unit.
Maintaining system integrity through measures which equalize
pipeline (shipper) receipt volumes with delivery volumes during periods
of high system usage. Withdrawal and injection operations into underground
natural gas storage facilities are often used to balance load on a
short-term basis.
An off-street space or berth used for the loading or unloading
of cargo, products or materials from vehicles.
A dwelling unit where one or more occupants are primarily
permanent in nature and rent is paid for the use of individual guest
rooms.
The total area within the lot lines of a lot of record, excluding
any road right-of-way (ROW).
The smallest distance between the front lot line and the
rear lot line at a lot of record.
Any boundary line of a lot of record.
A lot line that abuts and is parallel to a road, which such
line is located at either the center line of a private road or the
edge of a public road's right-of-way. On corner lots and double
frontage lots, all lot lines that abut a road shall be front lot lines.
A lot line which does not intersect a front lot line and
is most distant from, and most nearly parallel to a front lot line.
Corner lots shall not have a rear lot line. For the purposes of this
chapter, where the side lot lines of an interior, triangular shaped
lot meet in a point, the rear lot line shall be assumed to be a line
not less than five feet long drawn within the lot between the two
side lot lines, which is equidistant to the front lot line.
 Figure 18 - Rear Lot Line at Irregular Shaped Lots of Record
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Any lot line other than a front or rear lot line.
Lands designated as a separate lot on a plat or deed recorded
or shall be recorded at the office of the County Clerk.
A lot of record that was lawful prior to the adoption or
amendment of this chapter, but such lot does not comply with currently
required standards and/or bulk regulations of the zoning district
in which it is now located.
The shortest distance measured between the side lot lines
at a lot of record.
A lot of record abutting on two or more roads that intersect
at the lot lines of such lot.
 Figure 14 - Corner Lot
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A lot of record that fronts on two roads, which such roads
do not intersect at the lot lines of such lot.
 Figure 15 - Double Frontage Lot
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A lot which has insufficient frontage on a road to comply
with the minimum requirements of this chapter, but which is shaped
in such a manner that the portion of the lot closest to the road (i.e.,
flagpole) can only be used for access purposes and not as a yard or
buildable area, and whose width some distance back from the right-of-way
is sufficient to provide proper space to meet the yard and setback
requirements (i.e., flag).
 Figure 16 - Flag Lot
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A lot of record other than a corner lot, double frontage
lot or a flag lot.
 Figure 17 - Interior Lot
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Shall be defined and regulated by the Article 10 of the Public
Service Law of NYS, as currently in effect and as hereafter amended
from time to time.
Shall be defined and regulated by Section 94-C of the Executive
Law of NYS, as currently in effect and as hereafter amended from time
to time.
Shall bear the same meaning as a "factory manufactured home
(modular home)" and a "manufactured home" as defined in the Uniform
Code. Lastly, said home is a dwelling unit pursuant to state law and
shall also be classified as such for the purposes of this chapter.
A lot of record that is under the control of one owner, which
such lot has been developed for the purpose of renting or leasing
sites for the placement of manufactured homes.
A commercial enterprise for the purpose of the sale of watercrafts
and marine accessories, supplies and fuel; the rental or charter of
watercraft, marine equipment, dock and mooring space; winter storage;
service and repair of marine equipment and watercraft; launching of
watercrafts; and overnight guest facilities or any combination thereof.
Shall bear the same meaning as "medical marijuana" that is
defined in Article 33 of the Public Health Law of NYS, as currently
in effect and as hereafter amended from time to time.
A business that is registered to operate in NYS, that sells
or otherwise distributes medical marijuana to certified patients and/or
designated caregivers.
Shall bear the same meaning as "midwifery birth center" that
is defined in 10 NYCRR, Chapter V, Subchapter C, Part 795, as currently
in effect and as hereafter amended from time to time.
Any naturally formed, usually inorganic, solid material located
on or below the surface of the earth. For the purposes of this chapter,
peat and topsoil shall be considered minerals.
The extraction of overburden and minerals from the earth;
the preparation and processing of minerals, including any activities
or processes or parts thereof, for the extraction or removal of minerals
from their original location and the preparation, washing, cleaning,
crushing, stockpiling or other processing of minerals at the mine
location so as to make them suitable for commercial, industrial, or
construction use, exclusive of manufacturing processes, at the mine
location; the removal of such materials through sale or exchange,
or for commercial, industrial or municipal use; and the disposition
of overburden, tailings and waste at the mine location. This term
shall not include the excavation, removal and disposition of minerals
from construction projects, exclusive of the creation of water bodies,
or excavations in aid of agricultural activities.
A factory-manufactured dwelling unit built prior to June
15, 1976, with or without a label certifying compliance with NFPA,
ANSI or a specific state standard, 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
minimum, constructed on a permanent chassis and designed to be used
with or without a permanent foundation when connected to the required
utilities, and includes the plumbing, heating, air-conditioning and
electrical systems contained therein. The term "mobile home" shall
not include travel trailers or any self-propelled recreational vehicle.
The new installation of a mobile home shall be prohibited in the Town,
but existing mobile homes are allowed to remain but shall be classified
as a nonconforming use.
A one- or two-story building or group of buildings, whether
detached or in connected units, used as individual living and sleeping
accommodations for hire that are designed primarily for transient
occupancy and are provided with separate exterior entrances to parking
facilities. Such accommodations are open to the exterior of the building
and are usually surrounded by a common balcony or patio. Such term
includes buildings designed as tourist courts, motor lodges, motor
inns, auto courts, and other similar designations, but shall not be
construed to include camping units and/or manufactured homes.
The Multiple Residence Law of NYS, as currently in effect
and as hereafter amended from time to time.
An institution for the acquisition, preservation, study and
exhibition of works of artistic, historical and/or scientific value
as well as a combination thereof.
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, which include but are not limited to core or rotary drilling
or making an excavation in the search and evaluation of natural gas,
petroleum, or other subsurface hydrocarbon deposits.
Any solid, semisolid, liquid, semiliquid or gaseous material
used in the exploration, extraction and/or production of natural gas.
Any garbage, refuse, cuttings, sludge, flowback fluids, produced
waters or other discarded materials, including solid, liquid, semisolid,
or contained gaseous material that results from or is associated with
the exploration, drilling or extraction of natural gas and/or petroleum.
The digging or drilling of a well for the purposes of exploring
for, developing or producing natural gas, petroleum or other subsurface
hydrocarbons.
The construction, use, or maintenance of a storage or staging
yard, a water or fluid injection station, a water or fluid gathering
station, a natural gas or petroleum storage facility, or a natural
gas or petroleum gathering line, venting station, or compressor that
is directly associated with the exploration and/or extraction of natural
gas or petroleum.
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.
A siding material that is not capable of igniting and burning.
For example, technical data sheets for fiber cement products state
that they qualify as a noncombustible material according to ASTM E-136,
which is the nationally recognized standard test procedure that is
used to determine if a material qualifies as being noncombustible.
An order issued by the Code Enforcement Officer pursuant
to this chapter.
Shall bear the same meaning as "nursery" that is defined
in Article 14 of the Agriculture and Markets Law of NYS, as currently
in effect and as hereafter amended from time to time. However, such
use shall not be permitted to conduct mining operations unless permitted
otherwise by this chapter.
A commercial use engaged in the cultivation, delivery, design,
growing, installation, maintenance, storage and/or sale of flowers,
grass, shrubs, trees or other live plant materials, as well as the
sale of fertilizers, firewood, garden and/or lawn accessories and
ornaments, holiday and seasonal items and decorations, irrigation
products, landscaping products, mulch, pots and pottery products,
soil and soil amendments, stone and similar accessory and ancillary
products, to the general public. However, such use shall not be permitted
to conduct mining operations unless permitted otherwise by this chapter.
A set of criteria or limits relating to certain characteristics
that a particular use may not exceed.
The display and sale of products and services, primarily
outside of a structure, such as but not limited to vehicles; garden
supplies, flowers, shrubs and other plant materials; gas, tires and
motor oil; food and beverages; burial monuments; and building and
landscape materials.
A building, facility or lands owned and maintained by a membership
organization for the purpose of providing outdoor recreational opportunities
for members and their guests, such as but not limited to archery ranges,
camping, shooting range facilities (whether for practice, education
or competition), hunting and trapping, and all-terrain vehicle, snowmobile
and other off-road motor vehicle trails; provided, however, that no
motorized racing is involved. Food, meals and beverages may be served
on such premises, provided adequate dining room space and/or kitchen
facilities are available. Lastly, recreational cabins used in conjunction
with an outdoor sportsperson club, which is used solely by such club's
members, shall be classified as an accessory structure.
Shall bear the same meaning as "outdoor wood boiler" that
is defined in 6 NYCRR, Chapter III, Subchapter A, Part 247, Outdoor
Wood Boilers, as currently in effect and as hereafter amended from
time to time.
Any person, agent, operator, firm or business entity having
a legal or equitable interest in the property as recorded in the official
records of the county as holding title to the property.
A tract of land that is publicly owned and dedicated or designated
by any federal, state or local government or agency primarily for
active and/or passive public recreational purposes.
An open area, other than a road, used for the parking of
vehicles.
A space within a structure, or private or public parking
lot, exclusive of driveways, ramps, columns, office and work areas,
for the parking of vehicles.
Shall be defined and regulated by Tax Bulletin No. TB-IT-690,
dated December 15, 2011, issued by the NYS Department of Taxation
and Finance, as currently in effect and as hereafter amended from
time to time.
A natural person, heirs, executors, administrators or assigns,
and includes a firm or business entity, its or their successors or
assigns, or the agent of any of the aforesaid.
Any building, together with its accessory structures and
uses, where persons regularly assemble for religious worship, and
which building is maintained and controlled by a religious body organized
to sustain public worship.
A development that contains a combination of commercial,
industrial and/or residential uses that are guided by a total design
plan in which one or more of the zoning regulations, other than use
regulations, shall be permitted to be waived or varied to allow flexibility
and creativity in site and building design and location, in accordance
with the applicable regulations for such development as prescribed
by this chapter.
The Planning Board of the Town of Milo.
Land, designated as "prime farmland" in the U.S. Department
of Agriculture Natural Resources Conservation Service (NRCS)'s
Soil Survey Geographic (SSURGO) Database on Web Soil Survey, that
has the best combination of physical and chemical characteristics
for producing food, feed, forage, fiber, and oilseed crops and is
also available for these land uses.
Land, structure and/or use held in private ownership in accordance
to the records of the Town Assessor. For example, an on-site residential
wastewater treatment system (AKA "septic system") on a lot of record
that is held in private ownership is classified as a private system.
Conversely, a wastewater treatment plant that is held in public ownership
(e.g., county, Town, etc.) is classified as a public system.
An association organized and operated on a nonprofit basis
for persons who are bona fide members paying dues, which association
owns or leases premises, the use of which premises is restricted to
such members and their guests, and which manages the affairs of such
association by and through a board of directors, executive committee,
or similar body chosen by the members. Food, meals and beverages may
be served on such premises, provided adequate dining room space and
kitchen facilities are available. (e.g., American Legion, Elks Lodge,
Knights of Columbus, Masonic Society, Rotary Club, etc.)
Small livestock that are kept for the private use of the
owner of a lot of record and are not sold, which includes but is not
limited to its eggs, for sale.
A horse or horses that are kept for the private use of the
owner of a lot of record and are not for hire, remuneration or sale.
An individual who is a licensed and registered professional
engineer (PE) in accordance with Article 145 of the Education Law
of NYS, as currently in effect and as hereafter amended from time
to time.
A light commercial use whose primary purpose is to provide
services from one or a practice consisting of a group of accountants,
doctors or other duly licensed medical practitioners or therapists,
dentists or orthodontists, insurance agents, lawyers, real estate
agents or brokers, registered design professionals, securities brokers
or similar professions.
A certification sponsored by the Transportation Professional
Certification Board, Inc., and promulgated by the Institute of Transportation
Engineers. The certification process, which is adopted for professional
traffic operations engineers, requires the holder to be a professional
engineer and builds on/supports the practice of professional engineering
registration.
A business entity or public agency supplying a commodity
(e.g., cable, electricity, gas, internet, telephone, etc.) or service
(e.g., fire protection, law enforcement, public works, sewer distribution
and/or treatment, water distribution and/or treatment, etc.) to any
or all members of a community.
Recreational activities, other than golf courses, that require
special facilities, fields, or equipment, such as playgrounds, ice
skating rinks, running tracks, and athletic facilities, including
playing fields for athletic events, tennis courts, basketball courts,
and swimming pools. It shall not include any other use that is defined
and/or regulated by this chapter.
Recreational activities that do not require prepared facilities,
like sports fields or pavilions, which shall not alter the existing
topography of the site. Passive recreational activities place minimal
stress on a site's resources; as a result, they can provide ecosystem
service benefits and are highly compatible with natural resource protection.
Examples are bicycling, bird watching, hiking, picnicking, observing
and photographing nature, running, walking and wildlife viewing. It
shall not include any other use that is defined and/or regulated by
this chapter.
Recreational activities that are active and/or passive recreation.
A structure designed and used only for occasional use and
primarily for hunting, fishing and/or similar purposes that complies
with all of the following requirements:
An enclosed building that is designed, constructed, designated,
or used for indoor fitness and recreational activities. Examples are
bowling alleys, gymnasiums, gymborees, health clubs, swimming pools,
weight and fitness rooms, and wellness centers. It shall not include
any other use defined and/or regulated by this chapter.
 Figure 20B - Recreational Facility
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An individual who is a registered architect (RA) in accordance
with Article 147 of the Education Law of NYS or a licensed professional
engineer (PE) in accordance with Article 145 of the Education Law
of NYS, as currently in effect and as hereafter amended from time
to time.
An accessory structure less than 2,000 square feet and 20
feet in building height, constructed on a lot of record that is contiguous
to a county airport, has written permission to access the county airport
from such lot (e.g., no travel over public roads nor other lots of
record) and contains a single-unit dwelling. Such hanger shall be
used for the storage of owner's private aircraft and considered
as an accessory use customarily incidental to the dwelling.
 Figure 19 - Residential Aircraft Hangar
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A building or part thereof housing persons, on a twenty-four-hour
basis, who, because of age, mental disability or other reasons, live
in a supervised residential environment which provides personal care
services. The occupants are capable of responding to an emergency
situation without physical assistance from staff. This classification
shall include, but not be limited to, the following: residential board
and care facilities, assisted living facilities, halfway houses, group
homes, congregate care facilities, social rehabilitation facilities,
alcohol and drug abuse centers and convalescent facilities.
A wall designed to prevent the lateral displacement of soil
or other materials.
Public policy designed to protect farmers against municipal
regulations, private nuisance suits and unnecessary constraints on
agricultural management practices, if these practices are consistent
with federal and state law.
A public or private way which permits conducting of vehicular
traffic and/or affords the primary means of access by vehicles and
pedestrians to abutting lots, which shall include the entire area
within the right-of-way.
Roads that are classified as lake roads are prescribed in
Appendix E of this chapter.[4]
Any building or part thereof that is designed, constructed
and/or used for education and/or instruction in any branch of knowledge.
A school whose use meets the state requirements for elementary
education, and does secure the major part of its funding from a government
agency.
Shall bear the same meaning as "higher education" that is
defined in § 2 of Title 1, Article 1, of the Education Law
of NYS, as currently in effect and as hereafter amended from time
to time.
A school supported, controlled and operated by a religious
organization.
A school whose use meets the state requirements for elementary
and/or secondary education, and does not secure the major part of
its funding from any government agency.
Shall bear the same meaning as "secondary school" that is
defined in § 2 of Title 1, Article 1, of the Education Law
of NYS, as currently in effect and as hereafter amended from time
to time.
The minimum required distance between a lot line and a building
line.
An area of land, which may be categorized as a lot of record,
multiple lots of record or a portion of a lot of record.
A plan that outlines the use and development of any tract
of land.
A room or space in which people sleep, which can also include
permanent provisions for living and sanitation but not kitchen facilities.
Such rooms or spaces that are also part of a dwelling unit are not
sleeping units.
Devices such as but not limited to photovoltaic (PV) modules
and inverters that are used to transform solar radiation into energy.
Devices such as but not limited to solar thermal collectors,
pumps and water storage tanks that uses solar radiation to heat water
or air for use within a structure for water heating, process heat,
space heating or space cooling.
Shall bear the same meaning as "solid waste management facility"
that is defined in 6 NYCRR, Chapter IV, Subchapter B, Part 360, Solid
Waste, as currently in effect and as hereafter amended from time to
time.
This term shall bear the same meaning as "transfer station"
that is defined in 6 NYCRR, Chapter IV, Subchapter B, Part 360, Solid
Waste, as currently in effect and as hereafter amended from time to
time.
Shall bear the same meaning as a "special use permit" that
is defined in § 274-b of the Town Law of NYS, as currently
in effect and as hereafter amended from time to time.
The rules, regulations and procedures set forth in 6 NYCRR,
Chapter VI, Part 617, State Environmental Quality Review, as currently
in effect and as hereafter amended from time to time, which implements
Article 8 of the Environmental Conservation Law of NYS, where such
state law establishes the requirement for environmental review of
actions approved, funded or directly undertaken by state or local
government.
Shall bear the same meaning as "steep slope" that is defined
in the Protection of Steep Slopes Law of the Town, as currently in
effect and as hereafter amended from time to time.[5]
An order issued by the Code Enforcement Officer pursuant
to this chapter.
A structure comprised of small self-contained units that
are leased to individuals or businesses for the storage of household
or business goods and supplies.
The keeping of any inventory, goods, material, or merchandise,
including raw, semifinished, and finished materials for any period
of time, and as an accessory to the primary use of the establishment,
which is typically located at commercial and industrial uses. Storage
related to a residential use, which are not classified as "junk" as
defined and regulated by the Junk Storage Law of the Town of Milo,[6] as currently in effect and as hereafter amended from time
to time, shall not be considered as such. However, this term shall
not be deemed to apply to:
That portion of a structure included between the upper surface
of a floor and the upper surface of the floor or roof next above.
It is measured as the vertical distance from top to top of two successive
tiers of beams or finished floor surfaces and, for the topmost story,
from the top of the floor finish to the top of the ceiling joists
or, where there is not a ceiling, to the top of the roof rafters.
Any story having its finished floor surface entirely above
grade plane, or in which the finished surface of the floor next above
is:
The full length and width, including the bed and banks, of
any watercourse, that has a channel which periodically or continuously
contains moving water. It further has a defined bed, and has banks
that serve to confine water at low to moderate flows. For the purpose
of this chapter, constructed drainageways, including water bars, swales,
and roadside ditches, are not considered streams.
The lateral confines of a stream which contain the normal
flow of such stream.
The primary edge of the ordinary high-water mark, or break
in slope for a watercourse, which maintains the integrity of the stream.
A protected stream classified by the NYSDEC, which includes
water bodies in the course of a stream of 10 acres or less, with a
classification of AA, A or B, or with a classification of C with a
standard of (T) or (TS). Said streams are illustrated in the NYSDEC
Environmental Resource Mapper and/or other approved sources (e.g.,
Yates County Soil and Water Conservation District.)
Substantially free from flaw, defect, decay or deterioration
to the extent that the building or structure or structural member
is capable of adequately or safely accomplishing the purpose for which
it was intended or designed.
That which is built or constructed.
A structure that is subordinate to, incidental to and customarily
found in connection with a permitted principal use located at the
applicable lot of record. When a lot of record has a principal building
located thereon, an accessory structure shall be detached from such
principal building. For clarification purposes, a structure is not
considered an "accessory structure" if the principal building and/or
use is classified as a nonconforming, prohibited and/or special use
by this chapter.
A structure that was lawful prior to the adoption or amendment
of this chapter but such structure does not comply with currently
required standards and/or bulk regulations of the zoning district
in which it is now located.
A structure on a lot of record that is located at the water's
edge or extending into the lake, including but not limited to docks,
boathouses and shoreline protection structures.
 Figure 21 - Shoreline Structure
|
A structure that is erected without any foundation or footing
and is removed when the designated time period, activity or use for
which such structure was erected has ceased.
Shall bear the same meaning as "summer camp cabin" that is
defined in 10 NYCRR, Chapter I, Part 7, Section 7-2.12(b)(3), of the
Sanitary Code of NYS, as currently in effect and as hereafter amended
from time to time.
Any or all of the physical elements of the central cell facility
that contains all the receivers, transmitters, and other apparatus
needed for the cellular/PCS operation, which is also known as "base
transceiver station (BTS)."
 Figure 22 - Telecommunication Facility
|
Shall bear the same meaning as "timber and lumber production
facility" as defined in the Uniform Code. However, such term shall
not include the processing of raw wood products for use on the same
lot by the occupant of that lot.
The Town of Milo, New York.
The Town Assessor of the Town of Milo.
The Town Attorney of the Town of Milo.
The Town Board of the Town of Milo.
The Town Clerk of the Town of Milo.
The Town Engineer of the Town of Milo.
The Town Supervisor of the Town of Milo.
A single-unit dwelling constructed in a group of three or
more attached dwelling units in which each such unit extends from
the foundation to roof and with open space on at least two sides.
A townhouse shall not exceed three stories above grade plane unless
approved otherwise by this chapter.
 Figure 23 - Townhouse
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Shall bear the same meaning as "transient" that is defined
in the Uniform Code.
A facility intended for the subsurface storage, including
in depleted gas or oil reservoirs and salt caverns, of natural gas
that has been transferred from its original location for the primary
purpose of load balancing the production of natural gas. Such facility
shall include compression and dehydration facilities as well as its
associated appurtenances (e.g., pipelines). For clarification purposes,
underground natural gas storage facilities do not include underground
motor fuel storage tanks used in conjunction with a vehicle oriented
commercial use.
The NYS Uniform Fire Prevention and Building Code, as currently
in effect and as hereafter amended from time to time.
The activity occurring on a lot of record for which land
or a structure is arranged, designed or intended, or for which land
or a structure is or may be occupied.
A use of land that is subordinate to, incidental to and customarily
found in conjunction with a permitted principal use of the land or
a permitted principal building, and that is carried out on the same
lot of record as the permitted principal use. For clarification purposes,
a use is not considered an "accessory use" if the principal use is
classified as a nonconforming, prohibited, and/or special use by this
chapter.
Any use that substantially differs from the previously approved
use of a structure or lot of record.
A use that was lawful prior to adoption or amendment of this
chapter but such use does not comply with currently required standards
and/or is not classified as a permitted or special use at the zoning
district in which it is now located.
Any use that is not a residential use as defined in this
chapter.
Any use specifically allowed by right in a particular zoning
district.
The primary or predominate use of any lot of record.
A use that is not permitted in a zoning district.
Includes any lands and/or structures that are designed, constructed,
designated, or used for active and/or passive recreation. It shall
not include any other use that is defined and/or regulated by this
chapter.
Bed-and-breakfast dwellings, single-unit dwellings, two-unit
dwellings and/or townhouses, as well as their accessory uses. For
clarification purposes, multiple-unit dwellings and/or mixed use developments
shall not be considered a residential use.
A use that would become harmonious or compatible with neighboring
uses through the application and maintenance of qualifying conditions.
Said use requires particular consideration as to its proper location
to adjacent, established or intended uses, or to the planned growth
of the community. Lastly, a special use permit prescribed by this
chapter shall be obtained before a special use can be built, enlarged,
occupied and/or relocated.
A permitted use of a building, land and/or structure in the
applicable zoning district that is established for a fixed period
of time with the intent to discontinue such use upon the expiration
of such time. A temporary use shall not be a nonconforming, prohibited
and/or special use in the applicable zoning district. Furthermore,
a temporary use shall not involve the construction or alteration of
any permanent structure. Lastly, the fixed period of time shall be
determined by the Code Enforcement Officer but in no case shall such
time, except those for uses at construction sites or farm operations,
be issued for more than 10 business days.
Shall bear the same meaning as "area variance" that is defined
in § 267 of the Town Law of NYS, as currently in effect
and as hereafter amended from time to time.
Shall bear the same meaning as "use variance" that is defined
in § 267 of the Town Law of NYS, as currently in effect
and as hereafter amended from time to time.
All vehicles designed for use in air and/or on roads, off
roads, in waterways or underwater, including but not limited to aircraft,
automobiles, buses, bicycles, tractors, motorcycles, minibicycles
and recreational vehicles.
A use providing for the maintenance, repair, reconstruction,
sales and services of vehicles and other similar mechanical equipment.
Such term shall be categorized into the following:
VEHICLE RENTAL AND SALES ESTABLISHMENTA business that is principally engaged in selling, leasing, or renting of vehicles.
VEHICLE REPAIR STATIONEngine repair, body work, frame straightening, painting, upholstering, electrical work, tune-ups and all other vehicle repair activities not specifically listed in the definition of "vehicle service station."
VEHICLE SERVICE STATIONAny building, land area or other premises, or portion thereof, used or intended to be used for any one or a combination of the retail dispensing or sales of vehicle fuels; retail dispensing or sales of vehicle lubricants, including oil changing and chassis lubrication where substantial disassembly is not required; retail dispensing or sales of vehicle coolants; and incidental repair or replacement of vehicle parts, such as windshield wiper blades, lights bulbs, air filters, oil filters, batteries, belts, tires, fuses and the like.
VEHICLE WASH ESTABLISHMENTAny building or premises, or portion thereof, the use of which is devoted to the business of washing vehicles for a fee, whether by automated cleaning devices or otherwise.
A vehicle that can be towed, hauled or driven and primarily
designed for temporary living accommodations, recreational, camping
and travel use. Such vehicle includes but is not limited to a recreational
park trailer/park model home, travel trailer, camper, motor home,
tent trailer, camping trailer, boat, boat trailer, snowmobile, snowmobile
trailer, jet ski, jet ski trailer, all-terrain vehicle, all-terrain
vehicle trailer and utility trailer. Furthermore, federal definitions,
including the HUD definitions, explain that recreational vehicles
are not designed to be used as permanent dwellings, but as temporary
accommodations for recreational, camping, travel and seasonal use.
Therefore, for the purposes of this chapter, a recreational vehicle
shall not be classified as a dwelling unit or sleeping unit.
Shall bear the same meaning as "veterinarian" that is defined
in § 6702 of the Education Law of NYS, as currently in effect
and as hereafter amended from time to time.
Any fixed or mobile establishment, veterinary hospital, animal
hospital, clinic or premises where veterinary medicine is practiced.
 Figure 24 - Veterinary Facility
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Shall bear the same meaning as "veterinary medicine" that
is defined in § 6701 of the Education Law of NYS, as currently
in effect and as hereafter amended from time to time.
A use involving the interior storage of products, supplies,
and equipment within a structure, and which typically involve truck
transportation to and from the site.
 Figure 25 - Warehouse
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A machine that converts the kinetic energy in the wind into
a usable form, which such machine is commonly known as a "wind turbine"
or "windmill." A wind energy conversion system can be commercial or
noncommercial. A wind energy conversion system may include one or
more wind turbines, towers, associated control or conversion electronics,
transformers, and/or maintenance and control facilities or other components
used in the system. The turbine or windmill may be on a horizontal
or vertical axis, rotor or propeller.
A wind energy conversion system consisting of one wind turbine,
one tower, and associated control or conversion electronics that has
a rated capacity equal to or less than 110% of the electrical needs
of a farm operation.
A wind energy conversion system consisting of one wind turbine,
one tower, and associated control or conversion electronics which
has a rated capacity greater than 30 kilowatts.
A wind energy conversion system consisting of one wind turbine,
one tower, and associated control or conversion electronics which
has a rated capacity equal to or less than 30 kilowatts.
An open, unoccupied space on a lot of record, other than
a court, which is unobstructed from the ground upward by structures,
except as otherwise provided in this chapter.
 Figure 26 - Yards at Different Types of Lots of Record
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A space extending the full width of the lot of record between
any structure and the front lot line and measured between the front
lot line and the building line nearest the front lot line, excluding
any roads and their associated rights-of-way.
A space extending across the full width of the lot of record
between the structure and the rear lot line and measured between the
rear lot line and the building line nearest the rear lot line. Corner
lots and double frontage lots shall not have a rear yard.
A space extending from the front yard to the rear yard between
the structure and the side lot line and measured between the side
lot line and the building line nearest the side lot line. On a corner
lot, the side yard is the area between the structure and the side
lot line, exclusive of all front yards.
The Zoning Board of Appeals of the Town of Milo.
Any one of the areas, as shown on the Zoning Map, into which
the Town has been divided into districts for the purposes of this
chapter.
The map or maps that are a part of this chapter and delineate
the boundary of zoning districts.[7]
[3]
Editor's Note: See 142, Animals.
[4]
Editor's Note: Appendix E is included as an attachment to this chapter.
[7]
Editor's Note: Appendix D, Zoning Map, is included as an attachment to this chapter.
