Pursuant to the authority conferred by Article 16 of the Town Law of the State of New York, the Town Board of the Town of Batavia hereby adopts and enacts as follows.
This chapter shall be known as the "Town of Batavia Zoning Ordinance."
This chapter is adopted for the protection and promotion of the public health, safety, morals and general welfare of the community, as follows:
A. 
To guide the future growth and development of the Town in accordance with a comprehensive land use plan and population density that represent the most beneficial and convenient relationships among the residential, nonresidential and public areas within the town, considering the suitability of each area for such uses, as indicated by existing conditions, trends in population and mode of living, and having regard for the use of land, building development and economic activity, considering such conditions and trends both within the town and with respect to the relation of the Town to areas outside thereof.
B. 
To provide adequate light, air and privacy; to promote safety from fire, flood and other danger; and to prevent overcrowding of the land and undue congestion of the population.
C. 
To protect and conserve the value of the land throughout the town and the value of buildings appropriate to the various districts established by this chapter.
D. 
To protect the rural character and the social and economic stability of all parts of the Town and to encourage the orderly and beneficial development of all parts of the Town.
E. 
To bring about the gradual conformity of the uses of land and buildings through the comprehensive zoning plan set forth in this chapter and to minimize the conflicts among the uses of land and buildings.
F. 
To promote the most beneficial relation between the uses of land and buildings and the circulation of traffic throughout the town, having particular regard for the avoidance of congestion in the streets and the provision of safe and convenient vehicular and pedestrian traffic movement appropriate to the various uses of land and buildings throughout the town.
G. 
To provide a guide for public policy and action in the efficient provision of public facilities and services and for private enterprise in building development, investment and other economic activity relating to uses of land and buildings throughout the town.
H. 
To limit concentrated development to an amount equal to the availability and capacity of public facilities and services.
I. 
To prevent the pollution of streams and ponds, to safeguard the water table, and to encourage the wise use and sound management of the natural resources throughout the Town in order to preserve the integrity, stability and beauty of the community and the value of the land.
J. 
To prevent excessive uniformity, dissimilarity, inappropriateness or poor quality of design in the exterior of large-scale multifamily (20 or more units) residential developments, commercial and industrial uses.
A. 
No building shall be erected, constructed, moved, altered, rebuilt or enlarged, nor shall any land, water or building be used, designed or arranged to be used, for any purpose except in conformity with this chapter. No building, structure, or premises shall be used, and no building or other structure shall be erected, which is intended, arranged or designed to be used for any trade, industry, business or purpose of any kind that is noxious by reason of the emission of odor, dust, refuse matter, garbage, smoke, fumes, gas, noise or vibration, or that is dangerous to the health or safety of the community.
B. 
In interpreting and applying this chapter, the requirements contained herein are declared to be the minimum requirements for the protection and promotion of the public safety, health, morals and general welfare. This chapter shall not be deemed to affect in any manner whatsoever any easements, covenants or other agreements between parties; however, where this chapter imposes greater restrictions than are imposed by other ordinances, rules, regulations, licenses, certificates or other authorizations, or by easements, or covenants, or agreements, then the provisions of this chapter shall prevail.
C. 
This chapter shall not apply to uses which were legal prior existing nonconforming uses as defined herein except as set forth in § 235-15.
D. 
Nothing herein contained shall require any change in plans or construction of a building for which a zoning permit has been issued.
E. 
All buildings under construction at the time this chapter is adopted shall conform to the Zoning Ordinance in effect at the time construction was commenced.
A. 
Except where specifically defined herein, all words used in this chapter shall carry their customary meanings. Words used in the present tense shall include the future tense, and the plural includes the singular; the word "lot" includes the word "plot"; the word "building" includes the word "structure"; the word "shall" is always mandatory; and the word "occupied" or "used" shall be construed to mean and shall be considered as though followed by the words "or intended, arranged or designed to be used or occupied."
B. 
The following terms are specifically defined. As used in this chapter, the following words shall have these meanings:
ABOVEGROUND TANK
Any stationary tank which is not entirely covered with earth or other backfill material.
ACCESSORY BUILDING
A building situated on a lot, subordinate to the main building on the same lot, and used for purposes customarily incidental and subordinate to said main building.
ACCESSORY STRUCTURE
A structure the use of which is incidental to the principal use of the main structure and which is attached thereto or located on the same lot.
ACCESSORY USE
A use customarily incidental and subordinate to the principal use of buildings and located on the same lot (i.e., a garden is accessory to a residence). For the purposes of this chapter, a family day-care home, roadside stand and home occupation (as defined herein) shall be considered accessory uses to a principal use on a lot; however, they and other accessory uses may be subject to additional requirements and review provisions set forth in this chapter (i.e., a Home Occupation II requires issuance of a special use permit).
ADULT CARE
The provision of temporary or long-term residential care and services to adults who, though not requiring continual medical or nursing care as provided by facilities licensed or operated pursuant to Article 28 of the Public Health Law or Articles 19, 23, 29, and 31 of the Mental Hygiene Law,[1] are, by reason of physical or other limitations associated with age, physical or mental disabilities or other factors, unable or substantially unable to live independently.
ADULT CARE FACILITY
A facility, other than a family-type home, which provides adult care. For the purposes of this chapter an adult care facility shall include the following: adult home, enriched housing program, residence for adults, shelter for adults, public home and private proprietary adult care facility as defined by the New York State Department of Social Services, Chapter II, Subchapter D, Part 485.
ADULT USE
The definitions associated with adult uses are contained in § 235-49.
AGRICULTURAL USE
Any parcel of land containing at least five acres used for the raising of food products or other useful or valuable growths of the field or garden for sale, together with dairying, raising of livestock and poultry, and other generally accepted agricultural practices, where the same is carried on as a business or otherwise for profit.
(1) 
Such uses shall include the establishment of necessary farm structures within the prescribed limits, and the storage of equipment used in connection therewith.
(2) 
Agricultural uses shall exclude the raising of fur-bearing animals, riding academies, public stables or dog kennels.
ALTERATION
Structural changes, rearrangements, change of location, or addition to a building, other than repairs and modification in building equipment.
AMUSEMENT GAME
Any mechanical, electric or electronic device used or designated to be operated for entertainment or as a game by the insertion of a coin, slug, token, plate, disc, key or any other article into a slot, crevice, or other opening or by paying money to have it activated. Not included are rides, bowling alleys, any device maintained within a residence for the not-for-profit use of occupants thereof and their guests, any gambling device, or jukeboxes.
ANIMAL SHELTER
A building or land used for the temporary harboring of stray or homeless dogs, cats, and other similar household pets, together with facilities for the provision of necessary veterinary care and adoption of the harbored animals.
ANIMAL WASTE STORAGE FACILITY
Any building, structure, pond, lagoon or yard for the bulk storage of animal waste for eventual removal and/or dispersion.
ANTENNA
An arrangement of wires or metal rods used in transmitting or receiving electromagnetic waves.
APARTMENT HOUSE
See "dwelling, multifamily."
AQUIFER
A geologic formation, group of formations, or part of a formation that contains sufficient saturated permeable material to yield adequate quantities of groundwater to the wells.
AQUIFER RECHARGE AREA
The surface and subsurface land areas that collect precipitation or surface water and transmit this water to an aquifer.[2]
AREA OF SPECIAL FLOOD HAZARD
Land subject to a one-percent or greater chance of flooding in any given year and part of Zone A on the Flood Hazard Boundary Map (FHBM) or Flood Insurance Rate Map (FIRM).
AREA VARIANCE
The authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of this chapter.
ARTERIAL HIGHWAY
A highway which collects and distributes traffic to and from minor highways. For the purposes of this chapter the following highways shall be considered arterial highways within the town: New York State Route Nos. 5, 33, 63 and 98.
AUCTION HOUSE
An enclosed place or establishment conducted or operated for compensation or profit as a private or public market where items are offered for sale through competitive bidding. The term "auction house" shall not include on-premises estate, foreclosure, real estate or personal property sales conducted upon the estate, foreclosed or for-sale property or property belonging to the personal property owner. The term "auction house" shall not include flea markets, yard sales or livestock markets defined or regulated elsewhere or sheriff's or bank repossession sales.
[Added 2-20-2008 by L.L. No. 2-2008]
BED-AND-BREAKFAST
An owner-occupied one-family dwelling in which a room or rooms are rented on a nightly basis for periods of less than two weeks. Meals may or may not be provided.
BOARDINGHOUSE
An owner-occupied dwelling wherein more than three nonrelated, nontransient people are sheltered for profit.
BOARD OF APPEALS
The officially designated Town of Batavia Board of Appeals as established by the Town Board in accordance with § 267 of Town Law.
BUFFER STRIP
See § 235-13F.
BUILDING
Any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals, machinery, equipment or other material.
BUILDING, FRONT LINE OF
The line of that face of the building nearest the street line or, if there are street lines on two or more sides of the building, the line of that face of the building fronting on that street line where the principal entrance is located. This face includes decks and porches but does not include steps.
BUILDING, HEIGHT OF
The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof.
BUILDING INSPECTOR
The Building Inspector of the Town of Batavia as appointed by the Town Board. Whenever the term "Building Inspector" appears in this chapter, it shall be interpreted to mean "and/or the Code Enforcement Officer."
[Amended 12-21-2011 by L.L. No. 2-2011]
BUILDING PERMIT
A permit issued by the Code Enforcement Officer stating that plans for the proposed construction of a building are in conformance with the Uniform Fire Prevention and Building Code.
BUILDING, TEMPORARY
A temporary building or temporary structure erected, constructed or placed upon the premises for a period not exceeding nine months. All other buildings or structures shall be deemed permanent for the purposes of this chapter.
CAMPGROUND
Land on which is located one or more cabins, trailers, shelters, houseboats or other accommodations for seasonal or temporary living purposes, excluding mobile homes.
CERTIFICATE OF COMPLIANCE
A certificate issued by the Building Inspector upon completion of construction, alteration or change in occupancy or use of a building or land. Said certificate shall acknowledge compliance with all the requirements of this chapter only and any adjustments thereto granted by the Board of Appeals.
CERTIFICATE OF OCCUPANCY
A certificate issued by the Code Enforcement Officer upon completion of construction, alteration or change in occupancy or use of a building. Said certificate shall acknowledge compliance with all the requirements of the New York State Uniform Fire Prevention and Building Code.
CHILD DAY CARE
Care for a child on a regular basis provided away from the child's residence for less than 24 hours per day by someone other than the parent, stepparent, guardian or relative within the third degree of consanguinity (blood relationship) of the parents or stepparents of such child. "Child day care" does not refer to care provided in:
(1) 
A summer day camp, traveling summer day camp or children's overnight camp as defined in the State Sanitary Code;
(2) 
A program for school-age children operated solely for the purpose of religious education, sports, classes, lessons or recreation;
(3) 
A facility providing day service under an operating certificate issued by the New York State Department of Social Services;
(4) 
A facility providing day treatment under an operating certificate issued by the Office of Mental Health or by the Office of Mental Retardation and Developmental Disabilities; or
(5) 
A kindergarten, prekindergarten or nursery school for children three years of age or older, or a program for school-age children three years of age or older, or a program for school-age children conducted during nonschool hours, operated by a public school district or by a private school or academy which is providing elementary or secondary education or both in accordance with the compulsory education requirements of the Education Law, provided that such kindergarten, prekindergarten, nursery school or program is located on the premises or campus where the elementary or secondary education is provided.
CHILD DAY-CARE CENTER
A program or facility in which child day care is provided on a regular basis to more than six children for more than three hours per day per child for compensation or otherwise, except those programs operating as a group family day-care home, a family day-care home, or school-age child care program, as defined in this section.
CLUB
An organization established pursuant to the New York Not-For-Profit Corporation Law for a social, educational, or recreational purpose, catering exclusively to members and their guests, whose activities are not conducted primarily for profit.
CLUSTER DEVELOPMENT
A development of residential lots, each containing less area than the minimum lot area required for the zone within which such development occurs, while maintaining the overall density limitation imposed by said minimum lot area through the provision of open space as part of the site development plan.
CODE ENFORCEMENT OFFICER
The Code Enforcement Officer as appointed by the Town Board. who shall have all qualifications, duties and powers to administer and enforce all of the provisions in this chapter in the same manner as the Building Inspector.
[Added 12-21-2011 by L.L. No. 2-2011]
COMMERCIAL COMMUNICATION TOWER
A structure, including one or more antennas, that is intended for transmitting and/or receiving radio, television, telephone or microwave communications but excluding those used either for fire, police and other dispatch communications or exclusively for private radio and television reception and private citizen's bands, amateur radio and other similar communications.
COMMERCIAL EXCAVATION (MINING)
A lot or part thereof used for the purpose of excavation, processing or sale of sand, gravel, or clay, or other natural mineral deposits or the quarrying of any kind of rock formation, and exclusive of the process of grading a lot preparatory to the construction of a building for which a building permit application has been filed. Commercial excavation shall be divided into two categories based on the scale and type of operation as follows:
(1) 
MAJOR EXCAVATIONAll excavations requiring a New York State mined land reclamation permit shall be considered major excavations.
(2) 
MINOR EXCAVATIONAll excavations not requiring a New York State mined land reclamation permit shall be considered minor excavations.
COMMERCIAL WIND ENERGY SYSTEM
A wind energy system that is operated primarily (51% or more) to put energy into the electric grid, and/or has a nameplate capacity of more than 50 kilowatts (kW), and/or a total height of more than 175 feet, and/or a blade length of more than 30 feet.
[Added 2-20-2008 by L.L. No. 2-2008]
COMMUNITY CENTER
A meeting hall or place of assembly not operated primarily for profit.
COMMUNITY RESIDENCE
A supervised community home operated in compliance with the New York State Mental Hygiene Law which houses not more than 14 individuals and provides client supervision on a twenty-four-hour basis. For the purposes of this chapter an approved community residence as defined herein is considered a one-family dwelling.
CONE OF DEPRESSION
The usually inverted, cone-shaped depression in the water table that occurs due to the pumping of a well. The outermost limit of the cone of depression is a figure, generally circular in shape, defined by the point(s) where the elevation of the water table is no longer affected by the pumping of the well; also the vertical projection of that figure onto the land surface.
CONTRACTOR'S YARD
Businesses engaged in construction of buildings and structures, remodeling and repairs to existing buildings and structures, electrical services, plumbing services, excavation and grading services, roofing and siding services, masonry services, paving services, well drilling, sewage disposal system installation and services, and other similar services.
CONVALESCENT HOME OR EXTENDED CARE FACILITY
See "hospital."
COVERAGE
That percentage of the lot area covered by the combined area of all buildings or structures on the lot.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations, which change could lead to increased flood damage, excluding normal maintenance to farm roads.
DISPOSAL
The discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste, radioactive material, hazardous waste, or wastewater into or on any land or water so that such solid waste, radioactive material, hazardous waste, or wastewater will remain on the land or water and will not be removed.
DISPOSAL TRANSFER STATION
A solid waste management facility, other than a recyclables handling and recovery facility exclusively handling nonputrescible recyclables, that can have a combination of structures, machinery, or devices, where solid waste is taken from collection vehicles and placed in other transportation units for movement to another solid waste management facility.
DOWNGRADIENT
Portions of a lot defined by areas of lower land surface elevation with respect to the elevation of other portions of the same lot. In general, groundwater flows from areas of higher elevation (upgradient areas) to areas of lower elevation (downgradient areas). (See definition of "upgradient.")
DRIVE-IN BUSINESS
Includes a drive-in restaurant, refreshment stand, bank, car wash and the like where patrons are typically served in, or near, their motor vehicles.
DWELLING
A building, including a modular home, designed or used exclusively as permanent living quarters for one or more families. The term shall not be deemed to include an automobile court, hotel/motel, boardinghouse, mobile home, tourist home, tent or recreational vehicle.
DWELLING, MULTIFAMILY
A dwelling containing three or more dwelling units.
DWELLING, ONE-FAMILY
A building containing one dwelling unit only. (Double-wide or triple-wide mobile homes designed and built at the factory to be combined on site and with a minimum width of 20 feet and minimum area of 720 square feet shall be deemed to be one-family dwellings for the purpose of this chapter.)
DWELLING, TWIN HOME
A two-family dwelling in which a lot line passes between the units along a common wall.
[Added 2-20-2008 by L.L. No. 2-2008]
DWELLING, TWO-FAMILY
A dwelling containing two dwelling units only.
DWELLING UNIT
A building, or portion thereof, providing complete housekeeping facilities (kitchen, bath, living and sleeping areas) for one family.
DWELLING UNIT, PRIMARY
A dwelling, or portion thereof, providing complete living facilities for one family, and which occupies a space equal to or greater than 50% of the total available living space within a structure.
ECHO UNIT
A separate, detached, temporary dwelling unit, with its own cooking, sanitary and sleeping facilities, accessory to a single-family dwelling, for the use of and occupied by the elderly relatives of the occupants of the one-family dwelling. Such unit shall be constructed and installed in accordance with the requirements of Chapter B of the New York State Uniform Fire Prevention and Building Code and shall not be a mobile home.
FAMILY
One or more persons who live together in one dwelling unit and maintain a common household. It may consist of a single person or of two or more persons, whether or not related by blood, marriage or adoption. It may also include domestic servants and gratuitous guests.
FAMILY DAY-CARE HOME
A family home which is a personal residence and occupied as a family residence which provides child day care on a regular basis for more than three hours per day per child for three to six children for compensation or otherwise, as provided for under the New York State Department of Social Services. The name, description or form of the entity which operates a family day-care home does not affect its status as a family day-care home. For the purposes of this chapter, a family day-care home shall be considered an accessory use to a one-family dwelling.
FAMILY-TYPE HOME
Adult care operated and provided for the purpose of providing long-term residential care, room, board and personal care and/or supervision to four or fewer adult persons unrelated to the operator. For the purposes of this chapter a family-type home shall be considered a home occupation.
FARM
See "agricultural use."
FENCE
An artificially constructed barrier of wood, masonry, stone, wire, metal or any other manufactured material or combination of materials, or natural plantings (i.e., living fence), other than temporary uses such as snow fences or rabbit fences.
FERTILIZED VEGETATION
Areas of vegetation being cultivated by humans that require the application of fertilizers, pesticides or other substances in order to grow or maintain their existence.
FERTILIZER
Any commercially produced mixture that contains phosphorus, nitrogen, and/or potassium which is applied to the ground to increase nutrients to plants.
FIRST FLUSH
The delivery of a disproportionately large load of accumulated pollutants that are washed from impervious surfaces and the surface of the land during the early part of storms and transported in stormwater runoff.
FLOOD INSURANCE RATE MAP (FIRM)
An official map of the community on which FEMA has delineated the areas of special flood hazard and the risk premium zones applicable to the community.
FLOOD or FLOODING
A general and temporary condition of partial or complete inundation of normally dry land areas resulting from the overflow of inland waters and/or the unusual and rapid accumulation of, or runoff of, surface waters from any source.
FLOODPLAIN OVERLAY ZONE
That area of the town identified on the Flood Insurance Rate Map (FEMA Community Number 360278) as being subject to flood and/or mudslide hazards, which area is delineated on the Zoning Map, and for which special floodplain management requirements and criteria are enumerated in Chapter 112, Flood Damage Prevention, of this Code.
FLOOR AREA OF A BUILDING
The sum of the gross horizontal area of the several floors of a building and its accessory buildings on the same lot, excluding basement floor areas not devoted to residential use, but including the area of roofed porches and roofed terraces. All dimensions shall be measured between exterior faces of walls.
FLOOR, LOWEST
The floor of the lowest enclosed level, including basement, crawl space, or garage.
FRONTAGE
The extent of a building or a lot along one public street as defined herein.
GAME ROOM
A building or place containing five or more amusement games as defined herein (see "amusement game").
GARAGE, PRIVATE
An enclosed space for the storage of one or more motor vehicles, provided that no business, occupation or service is conducted for profit therein, nor is space for more than two cars leased to a nonresident of the premises.
GARAGE, PUBLIC
Any garage, other than a private garage, available to the public, operated for gain, and which is used for storage, repair, rental, greasing, washing, adjusting or equipping of automobiles or other motor vehicles.
GASOLINE STATION
Any building or land used for the sale of motor fuel, oil and motor vehicle accessories which may include facilities for lubricating, washing or servicing motor vehicles, but not painting or body repairs.
GASOLINE STATION-MARKET (CONVENIENCE STORE)
A gasoline station which provides a second commercial service such as a restaurant, dairy bar, beverage market, food or grocery market, or a commercial use which provides for gasoline sales. For the purpose of this definition, sales from vending machines are not considered commercial service.
GRADE, FINISHED
The natural surface of the ground, or the surface of the ground, lawn, walks or roads after the completion of any change in contour.
GROUNDWATER
All the water found beneath the surface of the land and present in aquifers and aquifer recharge areas.
GROUP FAMILY DAY CARE
A family home which is a personal residence and occupied as a family residence which provides child day care on a regular basis for more than three hours per day per child for seven to 12 children for compensation or otherwise, as provided for under the New York State Department of Social Services. For the purposes of this chapter, a family day-care home shall be considered a home occupation use.
HABITABLE FLOOR AREA
Any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation or a combination thereof. A floor used only for storage purposes is not habitable.
HAZARDOUS SUBSTANCE
Any substance listed as a hazardous substance in 6 NYCRR Part 597, List of Hazardous Substances, or a mixture thereof.
HAZARDOUS WASTE
A waste, or combination of wastes, which is identified or listed as hazardous pursuant to 6 NYCRR Part 371, Identification and Listing of Hazardous Wastes. Hazardous waste, because of its quantity, concentration, or physical, chemical, or infectious characteristics, poses a significant hazard to human health or safety if improperly treated, stored, transported, disposed of, or otherwise managed.
HERBICIDE
Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any weed, and being those substances defined as herbicides pursuant to Environmental Conservation Law § 33-0101.
HOME OCCUPATION
An accessory use of a dwelling unit for gainful employment involving the manufacture, provision or sale of goods and/or services. Home occupations are further classified as being either Category I or II, depending upon whether or not nonresident individuals are working on site and whether more than one customer visit is expected at a time (see descriptions below).
(1) 
In particular, a home occupation may include, but is not limited to, the following: art studio; barbershop/beauty parlor (limited to two work stations); cleaning services; contractors; computer programmer; cook; day nursing; direct sale product distribution (Amway, Avon, Tupperware, etc.); draftsman; dressmaker or tailor; electrical/radio/television repair; financial planning and investment services; insurance agent; musician; photographer; professional offices of a physician, dentist, lawyer, accountant, engineer or architect; real estate office; teaching or tutoring (limited to two students at one time); telephone answering; upholsterer; group family day-care home; school-age child care; and family-type home.
(2) 
However, a home occupation shall not be interpreted to include the following: motor vehicle repair shop, machine shop, welding and fabrication shop, commercial stables and kennels, restaurants or furniture refinisher (involving dip tanks or stripping).
HOME OCCUPATION I
A home occupation which employs, on site, only resident members of the family and which expects not more than one customer visiting the site at any given time.
HOME OCCUPATION II
Any home occupation which is not considered a Home Occupation I as set forth above.
HOSPITAL
An institution providing primary health services and medical or 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 laboratories, outpatient facilities or training facilities.
HOSPITAL, ANIMAL
An establishment for the medical and/or surgical care of animals.
HOTEL/MOTEL
A building providing overnight accommodation for more than four transient people, which building need not be owner-occupied and may provide eating, restaurant and related facilities.
HUMAN EXCRETA
Human feces and urine.
HYDROLOGIC BUDGET RECHARGE AREA
The total area of surface land that is necessary to supply recharge to the well at an amount equal to that being withdrawn from the well each day, based on the annual average groundwater recharge area.
IMPERVIOUS SURFACE
Any man-made material, such as pavement used in parking lots or driveways or any building or other structure on a lot, that does not allow surface water to penetrate into the soil.
INDOOR RECREATION
Includes, but is not limited to, a health club, bowling alley, tennis court, table tennis, pool hall, skating rink, gymnasium, swimming pool, hobby workshop, and similar places of indoor recreation.
INDUSTRIAL PARK
A large tract of land that has been planned, developed and operated as an integrated facility for a number of individual industrial uses, with special attention to circulation, parking, utility needs, aesthetics, and compatibility.
JUNKYARD
The term "junkyard" shall be defined in the same manner as is set forth in Chapter 138, Junkyards, of this Code, together with any amendment(s) thereto.
KENNEL
A building or land used for harboring six or more dogs over six months old.
LAND APPLICATION OF HUMAN WASTE
A site where septage or sewage sludge is applied to the soil surface or injected into the upper layer of the soil to improve soil quality or to provide plant nutrients. (This use is prohibited within the town; see also § 235-16.)
LANDFILL, SANITARY
The depositing of refuse in a natural or man-made depression or trench, or dumping it at ground level, then compacting to the smallest practical volume, and covering with earth or other material in a systematic and sanitary manner.
LANDSCAPING CONTRACTOR'S YARD
An area and building(s) where a landscaping contractor stores equipment, vehicles, materials (rock, stone, bricks, fencing, fixtures, etc.), tools and other items related to his/her business provided no direct retail sales are conducted on site.
LIGHT INDUSTRIAL
The processing, fabrication, assembly or packaging of previously prepared or refined materials.
LOT
Land occupied or which may be occupied by a building and its accessory uses, together with required open spaces, having not less than the minimum area, width and depth required for a lot in the district in which such land is situated, and having frontage on a street or other means of access as may be determined by the Planning Board to be adequate as a condition for issuance of a building permit. Any land included in a public road, street or highway right-of-way shall not be considered part of the lot for zoning purposes.
LOT AREA
The total area within property lines. Any land included in a public road, street or highway right-of-way shall not be included in calculating lot area.
LOT, CORNER
A lot located at the junction of and fronting on two or more intersecting streets. (Also see the definition "lot line, front.")
LOT DEPTH
The mean horizontal distance from the street right-of-way line of the lot to its opposite rear line measured at right angles to the street right-of-way line.
LOT FRONTAGE
The horizontal distance between the side lot lines, measured at the street right-of-way line.
LOT LINE
The property lines bounding a lot as defined herein.
LOT LINE, FRONT
In the case of a lot abutting upon only one street, the line separating the lot from the street right-of-way. In the case of a lot abutting more than one street, each street line shall be considered a front lot line.
LOT LINE, REAR
The lot line which is generally opposite the front lot line. If the rear lot line is less than 10 feet in length, or if the lot comes to a point at the rear, the rear lot line shall be deemed to be a line parallel to the front line, not less than 10 feet long, lying wholly within the lot and farthest from the front lot line.
LOT LINE, SIDE
The property line or lines extending from the front lot line to the rear lot line, except in the case of corner lots which have no rear lot line.
LOT WIDTH
The horizontal distance between the side lot lines, measured at right angles to the lot depth.
MANUFACTURING
Establishments engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the manufacturing of products, and the blending of materials such as lubricating oils, plastics, resins or liquors.
MANURE
Animal feces and urine.
MOBILE HOME
A structure, whether occupied or not, transportable in one or more sections, which is built on a permanent chassis and designed to be used as a dwelling unit, with or without a permanent foundation, when connected to the required utilities. For the purpose of this chapter, an unoccupied mobile home shall be considered the same as an occupied unit.
MOBILE HOME PARK
A parcel which has been improved for the rental or lease of two or more lots and the provision of services for mobile homes for nontransient residential use.
MOTEL
See "hotel."
MOTOR VEHICLE REPAIR SHOP
Any building or land used for gain, wholly or partially, engaged in the business of service, repair or diagnosing motor vehicle malfunctions or repairing bodies, fenders or other components damaged by accidents or otherwise.
MUNICIPAL WELL
A groundwater well operated by a city, town, village, or special district created pursuant to New York State Law for the purpose of providing a public water supply.
NATURAL VEGETATION
Existing and naturally occurring indigenous vegetation which grows and is maintained without need of applications of fertilizers, pesticides or other chemical substances.
NONCOMMERCIAL WIND ENERGY SYSTEM
A wind energy system that is operated primarily (51% or more) for on-site (may be for more than one parcel) consumption, and has a nameplate capacity of 50 kW or less, and a total height of 175 feet or less, and a blade length of 30 feet or less. These are also defined as wind energy conversion systems (WECS) or small wind energy production facilities.
[Added 2-20-2008 by L.L. No. 2-2008]
NONCONFORMING BUILDING
A building legally existing at the time it was created which in its design or location upon a lot does not conform to the current regulations of this chapter for the district or zone in which it is located.
NONCONFORMING LOT
A lot of record legally existing at the date of the passage of this chapter which does not have the minimum frontage or contain the minimum area for the zone in which it is located.
NONCONFORMING USE
Use of a building or of land legally existing at the time it was created but not conforming to the current zoning regulations of the district in which it is located.
NURSING HOME
An extended or intermediate care facility licensed or approved to provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.
OFFICE BUILDING
A building used primarily for conducting the affairs of a business, profession, service, industry or government, or like activity, that may include ancillary services for office workers such as a restaurant, coffee shop, or newspaper or candy stand.
ON-SITE CONSUMPTION
The use of petroleum to heat or cool a residential or nonresidential structure or to operate machinery necessary for agricultural activities. "On-site consumption" does not include on-site use of petroleum for processing or manufacturing activities or the sale or distribution of petroleum for or into vehicles, except vehicles used for agricultural operations on that site.
OUTDOOR RECREATION
Includes, but is not limited to, a golf course; golf driving range; trap, skeet, and archery range; swimming pool; skating rink; tennis court; recreation stadium; baseball and softball fields; skiing facility; hunting preserve; and similar places of outdoor recreation.
OUTDOOR SOLID-FUEL-BURNING DEVICE
A solid-fuel-burning device designed and intended for installation outside of the primary building on a lot and used to produce heat for transfer to the primary or accessory building(s) on such lot.
OWNER
An individual or individuals, firm, association, syndicate, partnership, or corporation having sufficient proprietary interest to seek development of land.
PARKING SPACE
An off-street space available for the parking of one motor vehicle on a transient basis and having a width of 10 feet, and an area of not less than 200 square feet, exclusive of passageways and driveways, and having access to a street. Handicapped parking spaces may be larger and therefore require more space; however, regardless of its size, such space shall constitute a single parking space.
PERSONAL SERVICES
Establishments primarily engaged in providing services involving the care of a person or his or her apparel.
PEST
Any insect, rodent, fungus, weed or other form of terrestrial or aquatic plant or animal life or virus, bacteria or other microorganism which the Commissioner of Environmental Conservation declares to be a pest as provided be Environmental Conservation Law § 33-0101.
PESTICIDE
Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, and any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant, and those substances defined as pesticides pursuant to Environmental Conservation Law § 33-0101 et seq.
PETROLEUM
Any petroleum-based oil of any kind which is liquid at 20° Celsius under atmospheric pressure and has been refined, re-refined, or otherwise processed for the purpose of being burned as a fuel to produce heat or usable energy, or which is suitable for use as a motor fuel or lubricant in the operation or maintenance of an engine. Waste oil which has been reprocessed or re-refined and which is being stored for sale or use as a fuel or lubricant is considered petroleum for purposes of this chapter.
PLANNING BOARD
The officially designated Town of Batavia Planning Board as established by the Town Board in accordance with § 271 of the Town Law.
POND
A body of water (other than a swimming pool) created through construction or other similar method, having a depth of two or more feet.
PUBLIC STREET/ROAD
A thoroughfare which has been dedicated or deeded to the public for public use and which has been improved in accordance with municipal standards.
RADIATION
Ionizing radiation, that is, any alpha particle, beta particle, gamma ray, x-ray, neutron, high-speed proton, and any other atomic particle producing ionization, but shall not mean any sound or radio wave, or visible, infrared, or ultraviolet light.
RADIOACTIVE MATERIAL
Any material in any form that emits radiation spontaneously.
RECHARGE
The addition of water to an aquifer or to a pumping well; also the amount of water added to an aquifer or a pumping well. Recharge is typically expressed as a rate, e.g., inches per year or gallons per day.
RECREATIONAL VEHICLE
A unit primarily designed as temporary living quarters for recreational, camping or travel use, which either has its own power or is mounted on or drawn by a motor vehicle (see also "sport recreational vehicle"). The basic entities are:
(1) 
TRAVEL TRAILERA vehicular portable unit, mounted on wheels, of such a size or weight as not to require special highway movement permits when drawn by a motor vehicle.
(2) 
CAMP TRAILERA vehicular portable unit mounted on wheels and constructed with collapsible partial side walls which fold for towing by a motor vehicle.
(3) 
TRUCK CAMPERA portable unit designed to be loaded onto, or affixed to, the bed or chassis of a truck. Truck campers are of two basic types:
(a) 
SLIDE-IN CAMPERA portable unit designed to be loaded onto and unloaded from the bed of a pickup truck.
(b) 
CHASSIS-MOUNT CAMPERA portable unit designed to be affixed to a truck chassis.
(4) 
MOTOR HOMEA vehicular unit built on a self-propelled motor vehicle chassis.
RECYCLABLES HANDLING AND RECOVERY FACILITY
A solid waste management facility, other than collection and transfer vehicles, at which recyclables are separated from the solid waste stream or at which previously separated recyclables are collected and which is regulated by 6 NYCRR Part 360.
RELIGIOUS INSTITUTION
A church, temple, parish house, convent, seminary and retreat house.
RESIDENTIAL CARE FACILITY
A residential facility, operated by either a public or private agency and regulated by the New York State Department of Social Services, exercising custody of dependent, neglected, abused, maltreated, abandoned or delinquent children; homes or shelters for unmarried mothers; residential programs for victims of domestic violence; or adult care facilities.
RESTAURANT
Any establishment, however designed, at which food is sold for consumption on the premises to patrons seated within an enclosed building and where the taking of food and drink from said building is incidental. However, a snack bar or refreshment stand at a public, semipublic or community swimming pool, playground, play field or park operated for the convenience of the patrons of the facility shall not be deemed to be a restaurant.
RETAIL TRADE
Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.
ROADSIDE STAND
A structure of a nonpermanent nature (movable and temporary) located on the owner's property utilized during the harvest season for the sale of agricultural products grown primarily by the owner.
SATELLITE DISH
A structure which is designed and/or intended to receive, relay or send television signals to or from orbiting or geostationary satellites.
SCHOOL
Includes parochial, private and public institutions providing New York State approved educational services, including preschool and vocational programs, together with private and public schools and colleges and universities.
SCHOOL-AGE CHILD CARE PROGRAM
Care provided on a regular basis to more than six school-age children under 13 years of age or who are incapable of caring for themselves where such children attend a school higher than kindergarten or attend full-day (at least six hours) kindergarten at a public or private school, whether such care is provided for compensation or otherwise.
SECONDARY CONTAINMENT
A structure which prevents any materials that have spilled or leaked from primary containment structures, such as piping, tanks or other containers, from reaching the land surface or any water body.
SELF-SERVICE STORAGE FACILITY
A building or group of buildings divided into separate units or compartments used to meet the temporary storage needs of businesses and residential users. A warehouse operated for a specific commercial or industrial establishment shall not be considered a self-service storage facility.
SEPTAGE
The contents of a septic tank, cesspool, or other individual wastewater treatment works which receives domestic sewage wastes.
SHOPPING CENTER
A group of businesses occupying adjoining structures, having adequate space for loading and unloading and adequate off-street parking.
SIGN
Any structure or part thereof, or any device attached to a structure or painted or represented on a structure, which shall display or include any letter, word, model, banner, flag, pennant, insignia, device or representation used as, or which is in the nature of, an announcement, direction or advertisement. A sign includes any billboard but does not include the flag, pennant, or insignia of any nation, or group of nations, or of any state, city or other political unit or of any political, educational, charitable, philanthropic, civic, professional, religious, political or like campaign, drive, movement or event. However, a sign as designed herein shall not include a similar structure or device located within a building.
(1) 
BUSINESS SIGNA sign which directs attention to a business, profession and/or industry conducted or to products manufactured or sold upon the same lot.
(2) 
DIRECTIONAL SIGNA sign limited to providing information on the location of an activity, business or event.
(3) 
OFF-PREMISES ADVERTISING SIGNA sign which advertises an establishment, merchandise, service or entertainment which is not sold, produced, manufactured or furnished at the property on which said sign is located (e.g., billboards or outdoor advertising).
(4) 
PORTABLE SIGNA sign, whether on its own trailer, wheels, or otherwise, designed to be movable and not structurally attached to the ground, a building, a structure or another sign.
(5) 
TEMPORARY SIGNA sign related to a single activity or event having a duration of no more than 60 days.
SIGN AREA
The area defined by the frame or edge of a sign. Where there is no geometric frame or edge of the sign, the area shall be defined by a projected, enclosed, four-sided (straight sides) geometric shape which most closely outlines said sign.
SITE PLAN
A rendering, drawing or sketch prepared to specifications containing necessary elements, as set forth in this chapter, which shows the arrangement, layout and design of the proposed use of a single parcel of land as shown on such plan. Plats showing lots, blocks or sites which are subject to review under § 276 of the New York State Town Law and/or any local laws of the Town of Batavia regulating the division of property shall not be subject to review as site plans under this chapter unless a zoning application is submitted.
SKILLED TRADE SHOP
A shop where an individual involved in a skilled building trade (i.e., carpenter, plumber, electrician, etc.) assembles custom fixtures, cabinets, etc., for installation by him/her at a job site location. No retail sales of materials and/or products directly to the public shall be allowed on site.
SLUDGE
The solid, semisolid or liquid waste generated from a waste processing facility, but does not include the liquid stream of effluent.
SPECIAL USE PERMIT
A specifically designated use that would not be appropriate generally without restriction in a zoning district but which, if controlled as to number, area, location, relation to the neighborhood, or otherwise, in the opinion of the Planning Board, promotes the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity and/or the general welfare.
SPILL
Any escape of a hazardous substance or petroleum from the primary containers used in the normal course of storage, transfer, processing, or use.
SPORT RECREATIONAL VEHICLE
Motor vehicles for personal use by occupants of a household. Examples of recreational vehicles shall include motorcycles, all-terrain vehicles, snowmobiles, and boats. Examples of sport recreational vehicles shall not include vehicles for sale or lease. (See also "recreational vehicle.")
STABLE, PRIVATE
A building in which horses or other livestock are kept for private use and not for hire, remuneration, or sale.
STABLE, PUBLIC
A building in which horses or other livestock are kept for remuneration, hire or sale.
STABLING OF AGRICULTURAL ANIMALS
A concentration of animals, permitted under agricultural use, private stable and public stable, within a building, structure or other defined area for the purpose of housing or feeding.
STREET/ROAD GRADE
The officially established grade of the street upon which a lot fronts. If there is no officially established grade, the existing grade of the street shall be taken as the street grade.
STREET/ROAD RIGHT-OF-WAY LINE
The line determining the limit of the highway rights of the public, either existing or contemplated.
STRUCTURE
Anything constructed or erected, the use of which requires location on or in the ground or attachment to something having location on or in the ground.
SWIMMING POOL
A structure intended for bathing, swimming or diving purposes, made of concrete, masonry, metal or other impervious materials, provided with a recirculating and/or controlled water supply with a depth of greater than two feet.
TEMPORARY USE
An activity conducted for a specified limited period of time which may not otherwise be permitted by the provisions of this chapter. Examples of such uses are buildings incidental to new construction which are removed after the completion of the construction work.
TOWN BOARD
The Town Board of the Town of Batavia, New York.
TOWNHOUSE
An independent single-family dwelling unit, which is one of a series of dwelling units, having a common party wall between each adjacent unit, each with a private outside entrance.
[Added 2-20-2008 by L.L. No. 2-2008]
TOWNHOUSE CLUSTER
A building, or group of buildings, with each building containing not more than eight townhouse dwelling units connected by common party walls.
[Added 2-20-2008 by L.L. No. 2-2008]
TOWNHOUSE DEVELOPMENT
A tract of land adequately sized to accommodate the construction of townhouse dwelling units in accordance with the density standards contained elsewhere in these regulations.
[Added 2-20-2008 by L.L. No. 2-2008]
TRAILER
Includes any towed vehicle used for carrying goods, equipment, and/or machinery.
TRUCKING TERMINAL
An area and building(s) where trucks load and unload cargo and freight and where cargo and freight may be broken down or aggregated into smaller or larger loads for transfer to other vehicles or modes of transportation. Trucking terminals may include the storage or parking of trucks awaiting cargo as well as facilities for servicing of trucks.
UNDERGROUND TANK
Any tank completely covered with earth or other backfill material.
UPGRADIENT
Portions of a lot defined by areas of higher land surface elevation with respect to the elevation of other portions of the same lot. In general, groundwater flows from areas of higher elevation (upgradient areas) to areas of lower elevation (downgradient areas). (See definition for "downgradient.")
USE
The specific purpose for which land, water, a structure or a building is designed, arranged, or intended or for which it is or may be occupied or maintained.
USE VARIANCE
The authorization by the Zoning Board of Appeals for use of land for a purpose which is not allowed or is prohibited by this chapter.
UTILITY, PUBLIC
Any person, firm, corporation or governmental subdivision duly authorized to furnish to the public, under public regulation, electricity, gas, water, sanitary sewers, storm sewers, steam, telephone, telegraph or cable television, or other similar service.
WAREHOUSE
A building used primarily for the storage and/or distribution of goods and materials.[3]
YARD
An unoccupied, open space on the same lot with any principal or accessory buildings or structures.
YARD, FRONT
The unoccupied, open space within and extending the full width of the lot from the front lot line to the front line of the principal building which is nearest to such front lot line.
YARD, REAR
The unoccupied, open space within and extending the full width of the lot from the rear lot line to the part of the principal building which is nearest to such lot line.
YARD, SIDE
The unoccupied, open space within the lot extending the full distance from the front yard to the rear yard and from the side lot line to the part of the principal building which is nearest to such side lot line.
ZONE OF CONTRIBUTION
The surface and subsurface land area surrounding a pumping municipal well that supplies direct recharge to the well.
ZONING BOARD OF APPEALS
That Board appointed by the Town Board specifically to hear all appeals as provided by these regulations and other duties specifically set forth in this chapter, New York State Town Law or as assigned to it by the Town Board.
ZONING PERMIT
A permit issued by the zoning officer stating that the purpose for which a building or land area is to be used is in conformance with the uses permitted and all other requirements of this chapter.
[1]
Editor's Note: Article 23 of the Mental Hygiene Law was repealed by L. 1999, c. 558.
[2]
Editor's Note: The former definition of "Architectural Review Board," which immediately followed this definition, was repealed 2-19-2003.
[3]
Editor's Note: The former definition of "wind energy conversion system, production model," added 6-15-2005, which immediately followed this definition, was repealed 2-20-2008 by L.L. No. 2-2008.