For the purpose of this chapter, certain words and terms used herein shall be defined as follows:
All words used in the present tense include the future tense.
All words in the plural number include the singular number and all words in the singular number include the plural number, except as to the number of permitted structures, unless the natural construction of the wording indicates otherwise.
Editor's Note: Former § 3.1, Subsection 3, regarding the use of the word "person," which immediately followed this subsection, was deleted 4-18-2000 by L.L. No. 1-2000.
Unless otherwise specified, all distances shall be measured horizontally.
The word "building" includes the word "structure."
"Lot" includes the words "plot," "parcel," "tract" or "site."
The word "premises" includes a lot and all buildings or structures thereon.
To "erect," "to construct" and "to build" a building or structure each have the same meaning and also include "to excavate" for a building and "to relocate" a building by moving it from one location to another.
"Used" shall be deemed also to include "designated, intended or arranged to be used or occupied."
"Shall" is mandatory and not discretionary; "may" is discretionary and not mandatory.
"He" shall include the feminine gender "she" as well.
As used in this chapter, the following terms shall have the meanings indicated:
- AGRICULTURAL ADVISORY COMMITTEE
- The Committee appointed by the Town Board to advise the Town on matters that impact on agriculture within the Town.
- CODE ENFORCEMENT OFFICER
- Any official designated by the Town Board of the Town of
Parma to enforce the provisions of this chapter. Such official shall
also be designated to enforce the provisions of other local laws.[Amended 4-15-2003]
- CONSERVATION BOARD
- The Conservation Board of the Town of Parma.
- COUNTY PLANNING BOARD
- The Planning Board of the County of Monroe.
- COUNTY PLANNING DEPARTMENT
- The Monroe County Department of Planning and Development, the County Planning Agency identified under §§ 239-l, 239-m and 239-n of the General Municipal Law, for Monroe County.
- DEPARTMENT OF HEALTH
- The New York State Department of Health and any other health board or department established pursuant to the laws of the State of New York or Monroe County and having authority for the regulation of matters pertaining to the public health of the Town.
- NEWS MEDIA
- A newspaper that is printed not less frequently than once a week in which legal notices may be published, or a radio or television station that regularly broadcasts news.
- Written or oral information relating to the purpose, date, time and place where a meeting is to be held.
- PLANNING BOARD
- The Planning Board of the Town of Parma.
- TOWN BOARD
- The Town Board of the Town of Parma.
- TOWN CLERK
- The official elected to the position of Town Clerk of the Town of Parma.
- TOWN SUPERINTENDENT OF HIGHWAYS
- The official elected to the position of Town Superintendent of Highways for the Town of Parma.
Except as otherwise provided herein, words and terms used shall have their usual and customary meanings. As used in this chapter, the following terms shall have the meanings indicated:
- A dwelling, motor vehicle, household or business appliance or equipment, including parts thereof, if left unattended in a wholly or partially dismantled condition and not capable of being used, or licensed or permitted for its intended purpose, without substantial repairs.
- ACCESSORY BUILDING OR STRUCTURE
- The term applied to a building which:
- A. Is customarily incidental and subordinate to and serves a principal building;[Amended 9-7-2010 by L.L. No. 1-2010]
- B. Is subordinate in area, extent and purpose to the principal building served;[Amended 9-7-2010 by L.L. No. 1-2010]
- C. Contributes to the comfort, convenience or necessity of occupants of the principal building use; and[Amended 9-7-2010 by L.L. No. 1-2010]
- D. Is located on the same parcel as the principal building.
- ACCESSORY USE
- A use incidental and subordinate to the principal use of a building on the same lot and serving a purpose customarily incidental to the use of the principal building. In residential zones accessory use is limited to the occupant of the premises.
- Any project or physical activity, such as construction or other activity that may affect the environment by changing the use, appearance or condition of any natural resource or structure, that requires a permit or approval from any board or official of the Town of Parma.
- ADULT BOOKSTORE
- A business enterprise, whether retail or wholesale, having more than 5% of its net floor space set aside or more than 5% of the value of its stock in trade allocated to recordings, books, magazines, pamphlets, pictures, drawings, photographs, periodicals, films, video tapes/cassettes or other viewing materials for sale or viewing on or off the premises, which are distinguished or characterized by their emphasis on matters depicting or describing human males and/or females in full or partial nudity, including but not limited to displaying male or female genitals, pubic areas or buttocks, with less than a full opaque covering or related to sexual activities.
- ADULT CABARET
- A nightclub, bar, restaurant or similar commercial establishment which regularly features:
- A. Persons who appear in a state of nudity; or
- B. Live performances which are characterized by the exposure of human male or female genitals, pubic areas or buttocks with less than a full opaque covering or which are characterized by performers that carry out or simulate sexual activities; or
- C. Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction of human male or female genitals, pubic areas or buttocks with less than a full opaque covering or which are characterized by performers that carry out or simulate sexual activities.
- ADULT-CARE FACILITY
- A facility which is authorized in accordance with the rules and regulations of the New York State Department of Social Services to provide residential services, supervision and care to adults who do not require continual medical or nursing care from a hospital, health-related facility or nursing home, but who, by reason of limitations associated with age, physical or mental disabilities or other factors, may not be able to live independently.
- ADULT ENTERTAINMENT ESTABLISHMENT
- Any business enterprise having as more than 5% of its net floor space set aside for the presentation of live shows, motion-picture films or sound recordings, or similar visual or audio material, which are characterized by their emphasis on the description or depiction of human male or female genitals, pubic areas or buttocks with less than a full opaque covering or specified sexual activities; or any business enterprise at which entertainers or waiters and waitresses appear in a state of nudity or display male or female genitals, pubic areas or buttocks; or any business enterprise that offers services requiring the client or customer to appear in a state of nudity or to display male or female genitals, pubic areas or buttocks, except medical and health service establishments.
- ADULT MOTION-PICTURE THEATER
- An enclosed structure, or portion thereof, used for presenting materials distinguished or characterized by an emphasis on matters depicting, describing or relating to human male or female nudity or depicting human male or female genitals, pubic areas or buttocks, for observation by patrons.
- ADULT THEATER
- A theater, concert hall, auditorium or similar establishment which features persons who appear in a state of nudity or provide live performances which are characterized by the exposure of human male or female genitals, pubic areas or buttocks by performers or performers that carry out or simulate sexual activities.
- AGRICULTURAL OR FARMING ACTIVITIES
- The use of the land for agricultural purposes, including but not limited to: dairying, field cash crops, pasturage, fruit and vegetable farms, nurseries, animal and poultry husbandry, and the necessary accessory uses for storage; provided, however, that the operation of any such accessory use shall be incidental to that of the principal agricultural activities.
- Any area of land designed for the operation of general aviation aircraft, including hangars for storage and servicing, taxiways, landing strips and accessory uses.
- AIRSTRIP, PRIVATE
- An airstrip, as defined above, used solely for the benefit of the landowner and for emergency landing when necessary.
- A public or private way not more than 40 feet wide affording only secondary means of access to abutting property.
- As applied to a building or structure:
- A. The change or rearrangement in the supporting members of a building or structure such as bearing walls, columns, beams or girders or in the exit facilities;
- B. An enlargement of a building or structure, whether by extending on a side or by increasing in height;
- C. The moving from one location or position to another; and
- D. Any alteration whereby a structure is adapted to another or different use, including any separation into rooms or spaces by the installation of nonbearing partitions.
- ANIMAL BOARDING
- The keeping of any horse or animal on the premises that is
not owned by the owner or lessee of said premises for commercial or
noncommercial purposes.[Amended 8-16-2011 by L.L. No. 2-2011]
- ANIMAL FARM
- The keeping of more than three same kind animals more than
four months old for either commercial or noncommercial purposes, including
but not limited to poultry, cattle and horses.[Amended 8-16-2011 by L.L. No. 2-2011]
- ANIMAL HOSPITAL
- A facility providing for temporary keeping or the examination, diagnosis, treatment or care of animals for the purpose of curing injuries, diseases or ailments of animals.
- A structure or mount supporting a system of wires, rods, discs, dish, horns or similar devices used for the transmission and/or reception of electromagnetic waves.
- A dwelling unit that is intended to be leased or rented. This term shall not be deemed to include a motel, hotel, boardinghouse or travel trailer.
- APARTMENT BUILDING
- A building arranged, intended or designed to provide three or more dwelling units independent of each other, but having common hallways and entrances.
- A request for a review of the Code Enforcement Officer's interpretation of any provision of this chapter or a request for a variance.
- The extent of horizontal surface contained within the boundaries or extremities of land or building. Also see "lot area."
- AREA OF SHALLOW FLOODING
- A designated AO, AH or VO Zone on a community's Flood Insurance Rate Map (FIRM) with a one-percent or greater annual chance of flooding to an average annual depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
- AREA OF SPECIAL FLOOD HAZARD
- The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year. This area may be designated as Zone A, AE, AH, AO, A1-30, A99, V, VO, VE or V1-30. It is also commonly referred to as the base floodplain or one-hundred-year floodplain.
- BASE FLOOD
- The flood having a one-percent chance of being equaled or exceeded in any given year. This term is also currently known and referred to as the "one-hundred-year flood."
- The space of a building that is partly below grade, which has more than half of its height, measured from floor to ceiling, above the average established finished grade of the ground adjoining the building. For purposes of defining a basement, as further required under the National Flood Insurance Program (NFIP), the term shall mean that portion of a building having its floor subgrade (below ground level) on all sides. In addition to the above, a crawlspace that exists (or is proposed) below subgrade on all sides is also considered to be a basement under the NFIP.
- BED-AND-BREAKFAST (B&B)
- A one-family dwelling in which sleeping rooms, integral with the residents' quarters, are rented to transient guests, and service includes light meals.
- The length of a street between two intersections.
- BREAKAWAY WALL
- A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system.
- BUFFER AREA
- A continuous strip of land area covered with grass, vegetation, trees, fencing, embankments or berms, and designed to provide a physical screen preventing visual access from one use to another and to reduce the escape and/or intrusion of litter, fumes, dust, noise or other noxious or objectionable elements.
- BUILDING COVERAGE, PERCENT OF
- The percent of building coverage of any lot shall be equal to 100 times the ratio of the gross horizontal area of all principal and accessory buildings that have roofs on them (including covered breezeways, covered porches, covered cantilevered structures, etc.) measured from the exterior faces of the exterior walls but shall not include any structure (such as a patio or deck) that does not have a roof, divided by the horizontal area of the lot.
- BUILDING GROUP
- Any building, such as a store group, which is divided into separate parts by one or more unpierced walls, extending from the ground up.
- BUILDING HEIGHT
- The vertical dimension measured from the average elevation of the finished grade level, touching the exterior walls of the building, to the average height of a pitched, gabled, hip or gambrel roof, excluding bulkheads and other roof construction.
- BUILDING LINE
- A line formed by the intersection of a horizontal plane at an average grade level and a vertical plane that coincides with the exterior surface of the building or a projected roof or porch. The vertical plane will coincide with the most projected surface, excluding steps and overhanging eaves less than two feet in width. All yard and setback requirements are measured to the building lines.
- BUILDING PERMIT
- A written permit issued by the Code Enforcement Officer documenting compliance with the Uniform Code.
- BUILDING, PRINCIPAL
- A building in which is conducted the main or principal use of the lot on which said building is situated.
- Includes the purchase, sale or any other transaction involving the handling, servicing or disposition of any article, substance or commodity, tangible or intangible, and includes offices, recreational and amusement enterprises and any operation where the above-described activities are conducted in return for remuneration of any type. For the purpose of this chapter, "business" shall have the same meaning as commercial, and reference to commercial districts or zones shall be interpreted as referring to business districts.
- CAMPING GROUND
- A parcel of land used or intended to be used, let or rented for transient, vacation and recreational occupancy by travel trailers, campers, tents, recreational vehicles, A-frames and the motor vehicles propelling or carrying the same, but excluding mobile homes, A-frames or other structures designed for year-around occupancy or as a place of residence.
- The free part of a horizontal member of a structure projecting beyond a support.
- CAR WASH
- A structure or building designed for the washing, waxing or similar treatment of automotive vehicles as its principal function. A filling station having portable washing equipment shall not be deemed to be a car wash where such is an accessory service to the principal service of the filling station.
- That portion of a building that is partially or entirely below grade and has more than 1/2 of its height (measured from floor to ceiling) located below the average finished grade of the ground adjoining the building.
- CERTIFICATE OF COMPLIANCE
- A certificate issued by the Code Enforcement Officer upon
completion of a change in use of an existing building or upon the
completion of a project that requires a building permit. Said certificate
shall acknowledge compliance with all requirements of the Town's Code,
local laws, variances and special permits in existence as of the date
of the issuance of the certificate of compliance and applicable New
York State codes.[Amended 4-15-2003]
- CERTIFICATE OF OCCUPANCY
- A certificate issued by the Code Enforcement Officer upon completion of construction or alteration of a building. Said certificate shall acknowledge compliance with all of the requirements of the Uniform Code.
- CLEAR SIGHT TRIANGLE
- An area of unobstructed vision at street intersections defined by lines of sight between points at a given distance from the intersection of street right-of-way lines.
- An organization catering exclusively to members and their guests, including premises and buildings for recreational or athletic purposes, which are not conducted primarily for gain, provided that they are not conducting any vending stands, merchandising or commercial activities, except as required generally for the membership and purposes of such club or as permitted by separate ordinance or local law.
- CLUSTER DEVELOPMENT
- A development of residential lots, some of which may contain less area than the minimum lot area required for the zone within which such development occurs, while maintaining the density limitation imposed by said minimum lot area through the provision of open space as part of the site development plan.
- COASTAL HIGH-HAZARD AREA
- An area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high-velocity wave action from storms or seismic sources. The area is designated on a FIRM as Zone V1-30, VE, VO or V.
- COMMON AREA
- Space reserved for use by any and all residents of a housing development, including but not limited to halls, stairways and landings in apartment houses.
- COMMUNICATION TOWER
- See "tower."
- An ownership arrangement in which the interior of a housing unit is individually owned, while the exterior, including land and facilities (common elements), is owned in common by all homeowners in the development. The owner has title to the interior individual dwelling and a shared interest in the common elements.
- CORNER LOT
- A piece of property that abuts two intersecting roads, or proposed road.
- A minor street intersecting another street at one end and terminated at the other end by a circular vehicular turnaround.
- CURB LEVEL
- The established elevation of the street grade at the point that is opposite the center of the wall nearest to and facing the street line. Where a building is on a corner lot, the curb level is the average of the mean levels of the curb on the two intersecting streets. Where no such grade has been established, the Superintendent of Highways shall establish same.
- DAY-CARE CENTER
- A facility duly permitted by the New York State Department of Social Welfare, for the care of either six or more children, or six or more adults, for less than 24 hours a day on a regular basis.
- The deliberate appropriation of land by its owner for any general public use, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public use to which the property has been devoted.
- Any storage of equipment and materials, or man-made change to improved or unimproved real estate including, but not limited to, buildings or other structures, mining, dredging, filling, paving, excavation or drilling operations.
- A portion of the territory of the Town of Parma within which certain uniform regulations and requirements, or various combinations thereof, shall apply under this chapter and other Town of Parma local laws or regulations.
- A structure designed to provide access from the shore to a water body for swimming, boating or other recreational use.
- DRIVE-IN RESTAURANT
- See "restaurant, fast-food."[Amended 4-18-2000 by L.L. No. 1-2000]
- DRIVE-IN SERVICES
- A facility providing service or delivery of goods to persons in a vehicle, the vehicle being driven to a position designed to provide that service or goods from inside a building.
- A roadway providing a means of access from a street to a property or off-street parking area. An accessway may also be deemed a driveway.
- A building or portion thereof designed or used as the living quarters for one or more families or for individuals. The term "dwelling" shall not be deemed to include a motel, hotel, boardinghouse or recreational vehicle. See also "building" and "structure."
- DWELLING, MANUFACTURED
- A factory-built residential dwelling unit designed to be
occupied as a dwelling, complete and ready for occupancy except for
minor and incidental unpacking and assembly operations and placement
on a permanent foundation and connections to utilities. Manufactured
housing built after June 15, 1976, shall meet the National Manufactured
Home Construction and Safety Standards as set forth by the United
States Department of Housing and Urban Development and applicable
New York State codes. A recreational vehicle shall not be considered
as a manufactured dwelling, nor may be it used as such.[Amended 4-15-2003]
- DWELLING, MULTIPLE- (MULTI) FAMILY
- A residential building designed for, or occupied by, three or more families living independently of each other with the number of families in residence not exceeding the number of dwelling units provided.
- DWELLING, SINGLE-FAMILY
- A detached residential dwelling unit designed for and occupied
exclusively by one or more persons living as a single nonprofit housekeeping
- DWELLING, TWIN HOME
- A two-family dwelling in which a lot line passes between
the units along a common wall.[Added 10-18-2005]
- DWELLING, TWO-FAMILY
- A detached residential building, containing two dwelling units, designed and used for occupancy by two families living independently of each other as nonprofit housekeeping units. A duplex is a two-family dwelling which is designed with a common wall.
- DWELLING UNIT
- A building or portion thereof providing complete living facilities and used for occupancy by a single family or persons living as a single nonprofit housekeeping unit.
- A specified (limited) use of private land for a public or quasi-public purpose.
- ELEVATED BUILDING
- A nonbasement building: built, in the case of a building in Zones A1-30, AE, A, A99, AO, AH, B, C, X or D, to have the top of the elevated floor, or in the case of a building in Zones V1-30, VE or V, to have the bottom of the lowest horizontal structure member of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the flow of the water; and adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones A1-30, AE, A, A99, AO, AH, B, C, X or D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters. In the case of Zones V1-30, VE or V, "elevated building" also includes a building otherwise meeting the definition of "elevated building," even though the lower area is enclosed by means of breakaway walls that meet the federal standards.
- ENVIRONMENTAL ASSESSMENT FORM (EAF)
- The form required by Town agencies to assess the potential environmental impacts of a proposed action and to determine the environmental significance of a proposal.
- ESSENTIAL SERVICES
- The erection, construction, alteration or maintenance by public utilities, or any government department or commission, of underground or overhead gas, electrical, telecommunications or water transmission and/or distribution systems, including poles, wires, drains, sewers, pipes, conduits, cables, towers, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies, or to the public health or safety or general facilities or sites for the disposal of waste materials associated with the provision of such services. Maintenance facilities, including storage yards and buildings, associated with the operation of essential services are also included within the definition of this term.
- The process of the removal or stockpiling of sand, gravel, soil (including topsoil) or other natural deposits by stripping, digging or other means.
- EXCAVATION SITE
- A parcel of land used for the purpose of extracting stone, sand, gravel or topsoil for sale as an industrial or commercial operation. See also "mining permit."
- One or more persons, whether related or not by birth, blood, marriage or adoption, living together as a single nonprofit housekeeping unit in a dwelling unit.
- Any parcel containing at least five acres of land which is used for agricultural or farming activities. It includes necessary farm structures and the storage of equipment used.
- FARM BUILDING
- Any building used for the housing of agricultural equipment, produce, livestock or poultry or for the incidental or customary processing of farm products, and provided that such building is located on, operated in conjunction with and necessary to the operation of the farm.
- FARM STAND
- See "roadside stand."
- FEDERAL EMERGENCY MANAGEMENT AGENCY
- The federal agency that administers the National Flood Insurance Program.
- A structure of wood, masonry, wire mesh or other material, which prohibits or inhibits unrestricted travel or view between properties or portions of properties or between the street or public right-of-way and a property.
- FILLING STATION
- A building or lot or part thereof supplying and selling gasoline or other equivalent fuel for motor vehicles at retail direct from pumps and storage tanks. A filling station may include accessory facilities for rendering service for motor vehicles, such as lubricating, washing and minor repairs.
- FINISHED GRADE LEVEL
- The level where the finished grade of the ground intersects the foundation walls. Height measurements shall be based from the average elevation of the finished grade level, along the wall to which the setback applies.
- FLEA MARKET
- The sale of goods or services by one or more vendors on a site and primarily out-of-doors but from within stalls, booths or other specified sales locations. The term as defined excludes yard sales and garage sales at a private residence.
- FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)
- An official map of the community published by the Federal Emergency Management Agency as part of a riverine community's Flood Insurance Study. The FBFM delineates a regulatory floodway along watercourses studied in detail in the Flood Insurance Study.
- FLOOD ELEVATION STUDY
- An examination, evaluation and determination of the flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of flood-related erosion hazards.
- FLOOD HAZARD BOUNDARY MAP (FHBM)
- An official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been designated as Zone A but no flood elevations are provided.
- FLOOD INSURANCE RATE MAP (FIRM)
- An official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
- FLOOD INSURANCE STUDY
- See "flood elevation study."
- B. The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in Subsection A(1) above.
- FLOODPLAIN or FLOOD-PRONE AREA
- Any land area susceptible to being inundated by water from any source. (See definition of "flooding.")
- Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
- The same meaning as "regulatory floodway."
- The top surface of an enclosed area in a building (including basement), i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction.
- FLOOR AREA
- For the purposes of applying the requirements for off-street parking and loading, "floor area," in the case of offices, merchandising or service types of uses, shall mean the floor area used or intended to be used by tenants or for service to the public as customers, patrons, clients or patients, including areas occupied by fixtures and equipment used for the display or sale of merchandise. It shall not include areas used principally for nonpublic purposes such as storage, incidental repair, processing or packaging of merchandise, for shop windows, for offices incidental to the management or maintenance of stores or buildings, for toilet or rest rooms, for utilities or for dressing rooms, fitting rooms or alteration rooms.
- FLOOR AREA, GROSS
- The sum of the gross horizontal areas of all of the floors of a building or buildings, measured from the outside faces of exterior walls or from the center line of walls separating two uses. For the purpose of applying the requirements for off-street parking and loading in the case of offices, merchandising or service types of uses, gross floor area shall not include areas used principally for nonpublic purposes such as storage, rest rooms, fitting or alteration rooms or general maintenance, or enclosed pedestrian malls or corridors.
- FLOOR AREA, HABITABLE
- The horizontal area of any floor of a building designed and intended for living purposes, which includes working, sleeping, eating, cooking or recreation or combination thereof. A floor used only for storage purposes is not a habitable floor. All dimensions shall be measured from the exterior faces of exterior walls or from the center line of the base of walls separating two dwelling units.
- GARAGE, PRIVATE
- An accessory building which provides for the storage of motor vehicles or household items by the occupants on the lot on which it is erected, with no provision for repairing or servicing such vehicles for profit.
- GARAGE SALE
- The periodic sale on a residential lot of household items or other tangible personal property which is advertised to the public at large. Also known as yard, household, or tag sale.
- GARAGES, COMMERCIAL OR REPAIR
- See "motor vehicle service station."
- GROUND FLOOR AREA
- The maximum horizontal area of a building at the ground level. The minimum ground floor area refers to the principal residence within the exterior limits of the principal foundation walls, excluding all accessory buildings, private garages, porches, patios or other accessory structures.
- HIGHEST ADJACENT GRADE
- The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.
- HISTORIC STRUCTURE
- Any structure that is:
- A. Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
- B. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
- C. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
- D. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
- HOME BUSINESS
- An accessory use conducted within a single-family, occupied
dwelling or an attached or detached accessory structure for gainful
employment involving the manufacture, provision or sale of goods and
services principally on the premises, and which is not included within
the definition of "home occupation."[Added 4-15-2003]
- HOME OCCUPATION
- Any occupation or profession, including family home day care,
conducted entirely within a dwelling or a building accessory to the
dwelling by the inhabitants thereof, and not more than one nonresident,
which is clearly incidental and secondary to the use of the dwelling
for residential purposes, does not change the character thereof. Except
for family home day care, a home occupation for the purpose of these
regulations shall not involve client or customer visits to the home.[Amended 4-15-2003]
- See "motel."
- HOUSE TRAILER
- See "mobile home."
- INTERIOR WALK
- A right-of-way for pedestrian use extending from a street into a block or across a block to another street.
- Includes scrap metals and their alloys, bones, used materials and products, such as rags and cloth, rubber, rope, tinfoil, bottles, plastic, old tools and machinery, motor vehicles or other motorized vehicles and their parts, fixtures and appliances, lumber, boxes or crates, pipe and pipe fittings, and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition.
- A. A lot, land or structure, or part thereof, where junk, waste, discarded or salvaged materials are bought, sold, exchanged, sorted, baled, packed, disassembled, handled or abandoned, including: motor vehicles or other motorized vehicles and their parts; machinery, wrecking or dismantling yards; house wrecking yards; used lumber yards; places or yards for storage of salvaged house wrecking and structural steel materials and equipment; or where any unregistered motor vehicle is held outside of a completely enclosed building, whether for the purpose of reclaiming for use some or all the materials therein, or for the purpose of storage or disposing of the same for any other purpose. The term "junkyard" shall not include pawn shops and establishments for the sale, purchase or storage of used furniture, household equipment and clothing, or for processing of used, discarded or salvaged materials as part of manufacturing operations.
- B. Exceptions:
- (1) New and/or used motor vehicles which are operable, qualify for a current New York State motor vehicle inspection sticker under Article 5 of the New York Vehicle and Traffic Law and are offered for sale to the public may be stored on premises on which new or used car sales may be conducted in accordance with the provisions of this chapter.[Amended 4-18-2000 by L.L. No. 1-2000]
- (2) The storage of vehicles subject to seasonal use such as recreational vehicles and snowmobiles, even though such vehicles may be unlicensed during the part of the year they are not in use.
- (3) The storage of agricultural equipment, machinery and vehicles which are being used in bona fide farm operation.
- See "animal farm."[Amended 8-16-2011 by L.L. No. 2-2011]
- Any part of a space, room or dwelling unit which is used for the preparation of food, including, at least, a refrigerator, sink and cooking device.
- LANDSCAPED AREA
- The area required or permitted to be devoted to landscaping and environmental improvement, which may include existing and new vegetation, berms, lighting, street furnishings, and ornamental features which are integrated with the vegetation.
- A building premises equipped with individual clothes-washing machines for the use of retail customers, exclusive of laundry facilities provided as an accessory in an apartment house or an apartment hotel.
- The rental of horses or carriages for gain or commercial purposes.
- LOADING SPACE, OFF-STREET
- Space logically and conveniently located for public pickups and deliveries, scaled to delivery vehicles expected to be used and accessible to such vehicles.
- LOCAL ADMINISTRATOR
- The person appointed by the Town Board to administer and implement this chapter by granting or denying development permits in accordance with its provisions. This person shall be the Code Enforcement Officer.
- LODGING ROOM
- A room rented as sleeping and living quarters, but without cooking facilities, with or without an individual bathroom.
- A parcel of land considered as a unit, devoted to a certain use and occupied, or capable of being occupied, by a building or group of buildings that are united by a common interest or use, and the customary accessory uses and open space belonging to same.
- LOT AREA
- The square footage or acreage contained within the boundaries of a lot. Any portion of a lot included in a public road, street or highway right-of-way shall not be included in calculating lot area.
- LOT, CORNER
- A parcel of land at the junction of, and fronting on, two or more intersecting streets. For determination of minimum setbacks, all corner lots shall be deemed to have two front yards, two side yards and no rear yard.
- LOT DEPTH
- The minimum horizontal distance from the front lot line of a lot to the rear line, measured at right angles (90°) to the front lot line.
- LOT, FLAG
- An approved lot having less lot width than otherwise normally required for the zone district. The portion of the lot that provides access to the interior portion of the lot shall not be less than 20 feet in width, shall not be considered buildable and shall not be used in the calculation of the minimum lot area requirements for the zone district. The interior portion of the lot shall meet the minimum lot area requirements for the zone district.
- LOT FRONTAGE
- The front of a lot shall be construed to be the portion nearest the street. For the purposes of determining yard requirements on corner lots, all sides of a lot adjacent to streets shall be considered front yards.
- LOT LINE, FRONT
- The line separating the lot from the boundary of the highway or right-of-way upon which the lot abuts.
- LOT LINE, REAR
- The lot line opposite and most distant from the front lot line.
- LOT LINE, SIDE
- The lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a "side street lot line."
- LOT LINE, STREET OR ALLEY
- A lot line separating the lot from a street or alley.
- LOT OF RECORD
- A lot which is part of an approved subdivision recorded in the office of the County Clerk or a lot described by metes and bounds, the description of which has been so recorded.
- LOT, THROUGH
- A lot which is not a corner lot and which has frontage on two streets.
- LOT WIDTH
- The horizontal distance between the side lot lines measured parallel to the street line at the front setback line.
- LOWEST FLOOR
- The lowest floor of the lowest enclosed area (including crawl space, basement or cellar). An unfinished or flood resistant enclosure usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter.
- MANUFACTURED HOME
- See "dwelling, manufactured."
- MEAN SEA LEVEL
- For the purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.
- MINING PERMIT
- A valid permit from the New York State Department of Environmental Conservation issued pursuant to Title 27, Article 23, of the Environmental Conservation Law. See also "excavation."
- MOBILE HOME LOT
- A parcel of land within a mobile home park reserved for the placement of a mobile home and the exclusive use of its occupants.
- MOBILE HOME PARK
- A parcel of land under single ownership which has been planned and/or improved for the placement of two or more mobile homes for nontransient use.
- MOBILE HOME STAND
- That part of the mobile home lot which has been reserved for the placement of a mobile home, appurtenant structure or additions, including driveway apron and patio. The mobile home stand is derived from the area of the lot which remains after all setbacks are met.
- A building or buildings containing sleeping units for transient guests and providing accessory off-street parking facilities; and which may include restaurant facilities, and a dwelling unit for a bona fide caretaker or operator. The term motel includes: hotels, auto courts, motor lodges and similar terms. Each sleeping unit shall contain not less than 240 square feet of living space.
- MOTOR VEHICLE
- Any vehicle which is propelled by a power other than muscular power, except electrically driven invalid chairs being operated or driven by an invalid. Motor vehicles shall include, but not be limited to, motor vehicles, race cars, trucks, motorcycles, motor bikes, boats, all terrain vehicles, snowmobiles, recreational vehicles, trailers and tractors, including farm type tractors, etc.
- MOTOR VEHICLE OR MOBILE HOME SALES
- An open area, other than a street, used for the display, sale, lease or rental of new or used motor vehicles or mobile homes in operable condition and where no repair work is done.
- MOTOR VEHICLE SERVICE STATION
- Any building, structure or land used to disperse, sell or offer motor vehicle fuels, oils or accessories, including lubrication, washing, polishing or cleaning and the replacement or installation of parts and accessories to motor vehicles, vans or trucks not exceeding 11/2 tons.
- MOTOR VEHICLE WRECKING
- The dismantling or disassembling of used motor vehicles or mobile homes; or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.
- NATIONAL GEODETIC VERTICAL DATUM (NGVD)
- As corrected in 1929, is a vertical control used as a reference for establishing varying elevations within the floodplain.
- NEIGHBORHOOD CHARACTER
- The atmosphere or physical environment which is created by the combination of land use and buildings within an area. Neighborhood character is established and influenced by land use types and intensity, traffic generation and also by the location, size and design of structures as well as the interrelationship of all these features.
- NEW CONSTRUCTION
- Structures for which the start of construction commenced on or after the effective date of a floodplain management regulation and includes any subsequent improvements to such structure.
- NEW MOBILE HOME PARK OR SUBDIVISION
- A mobile home park or subdivision for which the construction
of facilities for servicing the lots on which the mobile homes are
to be affixed (including at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of floodplain management regulations adopted by a community.[Amended 4-18-2000 by L.L. No. 1-2000]
- NONCONFORMING BUILDING OR STRUCTURE
- Any building or structure lawfully existing at the date of
enactment or amendment of this chapter, local laws or regulations
which in its design or location upon a lot does not conform to the
regulations specified in this chapter for the zone district in which
it is located.[Amended 4-18-2000 by L.L. No. 1-2000]
- NONCONFORMING LOT
- A lot of record lawfully existing at the date of the enactment
or amendment of this chapter, local laws or regulations which does
not have either the minimum width, depth or area specified in this
chapter for the zone district in which it is located.[Amended 4-18-2000 by L.L. No. 1-2000]
- NONCONFORMING USE
- Any use of land, buildings or structures lawfully existing
on the date of enactment or amendment of this chapter, local laws
or regulations which does not conform to the use regulations specified
in this chapter for the zone district in which it is situated.[Amended 4-18-2000 by L.L. No. 1-2000]
- NURSERY SCHOOL
- A place provided or designed to provide daytime care or instruction for three or more children from two to five years of age away from their home for up to five hours per day.
- NURSING CARE HOME
- Any place or institution for the aged, infirm, senile, chronic or convalescent, established to render, for compensation, domiciliary care, custody, treatment and/or lodging of two or more persons who require or receive special diet; assistance in feeding, dressing, walking, administering medicines or carrying out the treatment of a doctor licensed by the State of New York in any other ordinary daily activities of life; or are confined to a bed or a chair. This item does not include institutions for the treatment of the mentally ill, hospitals, sanitariums, boardinghouses and the like.
- OFFICE BUILDING
- A building in which office use comprises more than 50% of the total floor area. This compares with home occupations, where offices are considered a secondary or incidental use.
- OPEN SPACE
- Area unoccupied by any building, structure or parking area, whether paved or unpaved.
- OPEN STORAGE
- An unenclosed area used for the storage of motor vehicles, equipment, materials, building supplies, stock, or supplies.
- PARKING AREA, PRIVATE
- An area for the same use as a private garage and subject to the same conditions.
- PARKING AREA, PUBLIC
- An area, other than a street or other public way, used for the parking of motor vehicles and available to the public.
- PARKING SPACE, OFF-STREET
- A space adequate for parking a motor vehicle, other than
motor vehicles offered for sale on the site, and having an area of
not less than 162 square feet per vehicle, exclusive of passageways
and driveways appurtenant thereto.[Amended 4-15-2003; 1-15-2013 by L.L. No. 1-2013]
- PERMITTED USE
- Any use listed in any zoning district as permitted.
- Any individual, firm, partnership, corporation, association, trustee, receiver or assignee or person acting in any other representative capacity.
- A drawing on a flat surface showing the requirements as specified by the Town of Parma Code. This may be supported with written information where necessary for clarification.
- PLAN, FINAL
- A complete and exact subdivision or site plan, prepared for official recording as required by statute, to define property rights and proposed streets and other improvements.
- PLAN, PRELIMINARY
- A tentative subdivision or site plan, in lesser detail than a final plan, showing approximate proposed streets and lot layout as a basis for consideration prior to preparation of a final plan.
- PLAN, SKETCH
- An informal plan, not necessarily to scale, indicating salient existing features of a tract and its surroundings, and the general layout of the proposed subdivision or site.
- PORTABLE ON-DEMAND STORAGE STRUCTURES
- Any container, storage unit, shed-like container or other
portable structure that can or is used for the storage of personal
property of any kind and which is located outside an enclosed building
and which is not part of a motor vehicle.[Added 1-15-2013 by L.L. No. 1-2013]
- PRINCIPALLY ABOVE GROUND
- At least 51% of the actual cash value of the structure, excluding land value, is above ground.
- PRINCIPAL USE
- The main or primary purpose for which a building, structure or lot is to be used.
- PROFESSIONAL AND BUSINESS OFFICES
- Including, but not limited to, the following services: planner, architect, landscape architect, doctor, dentist, insurance agency, lawyer, engineer, accountant and realtor.
- PROHIBITED USE
- A use of a building, structure, lot or land, or part thereof, which is not listed as a permitted use, accessory use or special permitted use.
- PUBLIC AND SEMIPUBLIC BUILDINGS AND USES
- Any one or more of the following uses, including grounds and accessory buildings necessary for their use:
- A. Church, places of worship, parish houses and convents.
- B. Public parks, playgrounds and recreational areas when authorized or operated by a governmental authority.
- C. Nursery schools, elementary schools, secondary schools, colleges or universities having a curriculum approved by the Board of Regents of the State of New York.
- D. Golf courses and country clubs when occupying not less than 50 acres, not including, however, clubs whose activities includes the maintenance, storage or takeoff or landing of aircraft.
- E. Public libraries and museums.
- F. Fire, ambulance and public safety buildings.
- G. Hospitals for the care of human beings, nursing homes, convalescent homes, homes for the adults, homes for the aged or residences for adults as the same are defined under the Public Health Law or the Social Services Law of the State of New York, provided that they are duly licensed by the State of New York.
- H. Membership corporations established for cultural, social or recreational purposes.
- I. Day-care centers approved by the New York State Department of Social Services.
- PUBLIC WAY
- Any right-of-way open to the public for vehicular or pedestrian access.
- ONE-HUNDRED-YEAR FLOOD
- The same meaning as "base flood."
- RECREATIONAL VEHICLE
- A vehicle which is:
- A. Built on a single chassis;
- B. Four hundred square feet or less when measured at the largest horizontal projections;
- C. Designed to be self-propelled or permanently towable by an automobile, SUV, or light-duty truck; and[Amended 4-15-2003]
- D. Not designed primarily for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.
- REGULATORY FLOODWAY
- The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height as determined by the Federal Emergency Management Agency in a Flood Insurance Study or by other agencies as provided in § 165-83D(2) of this chapter.[Amended 4-18-2000 by L.L. No. 1-2000]
- RESERVOIR SPACE
- Any temporary storage space for a vehicle waiting for service or admission. Such space shall be in addition to drives, aisles or parking space required by this chapter. One reservoir space shall be 24 feet long and 10 feet wide.
- RESIDENTIAL CARE FACILITY
- A residence under public, voluntary nonprofit, or proprietary sponsorship and regulated by an agency of the state or federal government; it provides care and support services, other than twenty-four-hour nursing care, for approximately five to 25 persons with disabilities which may be developmental, emotional, physical, or social in origin. RCF's are known by a number of names including agency operated boarding home, group home, group residence, family care home, hostel and halfway house.
- RESIDENTIAL LOT or RESIDENTIAL BUILDING PLOT
- Any parcel of land used for residential purposes. The term "residential" shall include temporary, seasonal and permanent residential use.
- Any establishment, however designed, at which food is sold for consumption on the premises to patrons and equipped with seating facilities and where the taking of food and drink from said building is incidental. The term "restaurant" shall include bars and taverns licensed to sell alcoholic beverages for on-premises consumption. However, a snack bar refreshment stand at a public, semipublic or community swimming pool, playground, playfield or park operated by the agency or groups or an approved vendor operating the recreational facilities and for the convenience of the patrons of the facility, shall not be deemed to be a restaurant.
- RESTAURANT, FAST-FOOD
- A restaurant where patrons are not customarily served at tables or sit-down counters; where all or a portion of the food is prepared and wrapped, boxed, bagged or prepackaged or is prepared in a manner in anticipation of customers; and where the customer places an order at a common counter by waiting in line or by being served through a sequential numbering system. Such uses as soft drink parlors, ice cream and/or hot dog stands and the like shall be considered to be in this general classification.
- REVERSE FRONTAGE LOT
- A lot extending between and having frontage on a major traffic street and a minor street and with vehicular access solely from the latter.
- RIGHT-OF-WAY OR HIGHWAY LINE
- The line, present or proposed, which is the joint boundary line between a lot and the street or highway right-of-way.
- ROADSIDE STAND
- Retail outlets, with all related structures for the sale of agricultural products grown on the farm upon which such stand is located.
- ROOMING HOUSE (BOARDINGHOUSE)
- A dwelling other than a hotel, motel or tourist home, where more than three persons are housed or lodged for hire with or without meals. A rooming house is distinguished from a tourist home in that it is designed to be occupied by longer term residents as opposed to overnight or weekly guests.
- SAND DUNES
- Naturally occurring accumulations of sand in ridges or mounds landward of the beach.
- SATELLITE DISH ANTENNA
- A combination of: an antenna whose purpose is to receive communications or other signals from orbiting satellites and other extraterrestrial sources; a low noise amplifier whose purpose is to carry signals into the interior of a building.
- SELF-SERVICE STORAGE FACILITY
- A use that contains compartmentalized space for lease, rental
or sale to businesses or individuals for storage of materials or personal
property and allows such businesses or individuals to have access
to such space.[Added 1-15-2013 by L.L. No. 1-2013]
- The distance between the street line, rear or side lines
of the lot, and the front, rear and side lines of the building. All
measurements shall be made at right angles to or radially from the
lot lines to the nearest portion of the building lines. Setbacks from
street lines to building lines are defined as "front setbacks." Setbacks
from side lot lines are "side setbacks." Setbacks from rear lot lines
are "rear setbacks." The required front setbacks exclude entrance
steps or porches which are not more than seven feet in depth and which
are not enclosed.[Amended 4-15-2003]
- SHOPPING CENTER
- A group of stores, shops and similar establishments occupying adjoining structures or two or more commercial buildings located on a single lot or adjacent lots, with such buildings developed as part of a single integrated development with a common architectural design.
- SIGHT DISTANCE
- The maximum extent of unobstructed vision along a street from a vehicle located at any given point on the street.
- Any material, structure or part thereof, or any device attached to a building or structure or painted or represented thereon, composed of lettered or pictorial matter, or upon which lettered or pictorial matter is placed and is intended for display of an advertisement, notice, directional matter or name, and includes sign frames, billboards, sign boards, illuminated signs, pennants, fluttering devices, projecting signs or ground signs.
- SIGN, BUILDING FRONT OR FACE
- The outer surface of a building which is visible from any private or public street, highway or driveway, including signs inside window display areas.
- SIGN, BUSINESS
- A sign which directs attention to a business, profession or industry conducted upon the premises or to a commodity or service sold or offered by such business, profession or industry upon the premises where such sign is located.
- SIGN COPY AREA
- The actual area of the background occupied by the sign. It is computed by drawing straight lines adjacent to the closest extremities of the individual letters or words and is computed in the same manner when there is no background area. Where there is no background, the size of the copy area shall be equal to what would be permitted if the background were provided.
- SIGN, DIRECTIONAL
- A sign that directs attention to the location of a local service or place of business.
- SIGN ERECTION
- The construction, alteration, repair, display, location or relocation, attachment, placement, suspension, affixage or maintenance of any sign, including the painting of exterior wall signs and the use of any vehicle or other substitute for a sign.
- SIGN, FREESTANDING
- A sign or sign support structure that is not attached to, or part of, a building or structure.
- SIGN, GROUND
- A sign supported by a pole, uprights or braces which are placed in or on the ground.
- SIGN, ILLUMINATED
- A sign lighted by electricity, gas or other artificial light, including reflective or phosphorescent light, paint or tape.
- SIGN LIGHTING DEVICE
- Any light, string or groups of lights located or arranged so as to cast illumination on or from a sign.
- SIGN, NONCONFORMING
- A sign which exists at the time of enactment or amendment
of this chapter and which does not conform to the regulations and
restrictions imposed herein.[Amended 4-18-2000 by L.L. No. 1-2000]
- SIGN, OUTDOOR ADVERTISING
- A sign which directs attention to a business, profession or industry conducted or a commodity or service sold or offered on a site other than upon the premises where such sign is located.
- SIGN, PORTABLE OR MOBILE
- A sign that is designed and intended to be transported from place to place and is not permanently affixed to the ground or to a building or structure. Portable signs may or may not have wheels.
- SIGN, PROJECTING
- A sign which is attached to the exterior of a building or a structure and which extends beyond the surface of that portion of the building or structure to which the sign is attached and not parallel to the face of the building.
- SIGN, ROOF
- Any sign constructed on or supported by the roof of any building or structure.
- SIGN, TEMPORARY
- A sign which is intended to advertise a community or civic project, real estate for sale or lease, or other special events for a limited period of time.
- SINGLE OWNERSHIP
- Refers to person. (See definition of "person.")
- SITE PLAN
- A plan, to scale, showing uses and structures proposed for a parcel of land, including lot lines, streets, existing and proposed buildings and structures, topography, rights-of-way, parking areas, open space, and any other information deemed necessary by the Code Enforcement Officer, Planning Board or Town Board, or Zoning Board of Appeals.
- SOLID WASTE
- Garbage, refuse and other discarded solid materials, including such materials resulting from industrial, commercial, residential and agricultural operations and community activities.
- SPECIAL PERMITTED USE
- A use that would not be appropriate generally, or without
restriction throughout the zoning district, but which, if controlled
as to number, area, location or relating to the neighborhood, would
promote the public health, safety, order, comfort, convenience, appearance,
prosperity or general welfare. Such uses may be permitted in a zoning
district as a special permitted use only if specific provision for
such special permitted use is made in this chapter.[Amended 4-18-2000 by L.L. No. 1-2000]
- A building in which any horses are kept for remuneration, hire or sale.
- STABLE, PRIVATE
- A building in which horses are kept for the sole use of the owner and for which there is no remuneration or hire.
- START OF CONSTRUCTION
- The initiation, excluding planning and design, of any phase of a project or physical alteration of the property, and shall include land preparation, such as clearing, grading and filling; installation of streets and/or walkways; excavation for a basement, footings, piers or foundations or the erection of temporary forms. It also includes the placement and/or installation on the property of accessory buildings (garages, sheds), storage trailers and building materials.
- That portion of a building between the surface of any floor and the surface next above it; if there be no floor above it, then the space between the floor and the ceiling next above it. A basement shall be counted as a story, but a cellar shall not be counted as a story.
- STORY, HALF
- A story with at least two opposite exterior sides meeting a sloping roof not more than four feet above the floor of such story and having a ceiling height of at least 71/2 feet over not more than 1/2 the total floor space.
- A public or private thoroughfare which affords the principal means of access to abutting properties.
- STREET 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 LINE
- The right-of-way line of a street; the front lot line; the line separating a lot from a street.
- Any assembly of materials arranged, connected or installed in a manner to allow temporary or permanent occupancy, use or shelter for humans, animals, materials or equipment.
- The owner, or authorized agent of the owner, of a subdivision.
- The division of any parcel of land into two or more lots, plots, sites or other division of land, for the purpose, whether immediate or future, of transfer of ownership or building development, and shall include resubdivision.
- SUBSTANTIAL DAMAGE
- Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
- SUBSTANTIAL IMPROVEMENT
- Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. The term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:
- A. Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
- B. Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.
- SWIMMING POOL
- Any man-made body of water or receptacle for water, which has a capability of a depth of more than two feet at any point, used or intended to be used for swimming, bathing or wading and installed or constructed above or below ground. The term shall not apply to farm ponds or drainage control facilities (i.e., detention or retention ponds).
- SWIMMING POOL, ABOVEGROUND
- A swimming pool having more than 3/4 of its water content above the level of the surrounding ground.
- SWIMMING POOL, IN-GROUND
- A swimming pool having 3/4 or more of its water content below the level of the surrounding ground.
- TEMPORARY USE
- An activity conducted for a specific limited period of time which may not otherwise be permitted by Town ordinances, laws or regulations. Examples of such uses are structures incidental to new construction which shall be removed after the completion of the construction work.
- TOURIST HOME
- A dwelling in which overnight accommodations are provided or offered for transient guests for compensation. For purposes of the Town Code, tourist home shall include bed-and-breakfast establishments.
- Includes any structure, including dish antennas, whether attached to a building or freestanding and whether guyed or self-supporting, designed to be used as, or for the support of, devices to be used for the transmission and/or reception of radio frequency signals or microwave, such as, but not limited to, broadcast, shortwave, citizens band, cellular communications, paging, FM or television signals, wind-driven devices such as energy converters and windspeed and/or direction indicators, or any energy-creating enterprise or for personal observation.
- 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 private outside entrance.
- TOWNHOUSE CLUSTERS
- A building, or group of buildings, with each building containing not more than eight townhouse dwelling units connected by common party walls.
- TOWNHOUSE DEVELOPMENTS
- 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.
- Any body of land, including contiguous parcels of land, under one ownership or under common control of any group of persons acting in concert as part of a common scheme or plan.
- TRUCK TERMINAL
- Land and buildings used as a relay station for the transfer of a load from one vehicle to another or one party to another. The terminal cannot be used for permanent or long-term accessory storage for principal land uses at other locations. The terminal facility may include storage areas for trucks and buildings or areas for the repair of trucks associated with the terminal.
- UNIFORM CODE
- The New York State Uniform Fire Prevention and Building Code.
- The specific purpose for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use. A nonconforming use is one which does not comply with the permitted uses of the zone district in which it is located.
- VARIANCE, AREA
- Authorization by the Zoning Board of Appeals for the use of land or buildings, in a manner which is not allowed by the dimensional or physical requirements of this chapter. Area variances involve matters such as setback lines, frontage requirements, lot size restrictions, density regulations and yard requirements.
- VARIANCE, USE
- Authorization by the Zoning Board of Appeals for the use of land or buildings for a purpose which is otherwise not allowed or is prohibited by this chapter.
- VEHICLE DEALER
- An individual who sells more than five vehicles in a calendar year.
- WADING POOL
- An artificially constructed pool intended for use by children, not designed or used for swimming, with a maximum area of 100 square feet and a maximum water depth of 18 inches.
- A structure of wood, stone or other materials or combination thereof intended for security, screening or enclosure, or for the retention of earth, stone, fill or other materials as in the cases of retaining walls or bulkheads.
- Constitutes any material temporarily or permanently discarded or unwanted and not stored in a vermin-proof, sealed enclosure or structure for subsequent disposal.
- An alternate energy device which converts wind energy, by means of a rotor, to mechanical or electrical energy. A wind generator may also be deemed a windmill.
- An area consisting of five or more contiguous acres with more than 90% of its surface area covered in native or naturalized trees. These tree species shall have an average d.b.h. (diameter at breast height) of six inches or more. These areas shall not include orchards or commercial tree plantations or areas overgrown with nontree species.
- A required open space unoccupied and unobstructed by any structure or portion of a structure, and situated between the principal building or group of buildings and the nearest lot line.
- YARD, FRONT
- A yard extending between the side lot lines across the front of a lot adjoining a street; situated between the street line and the building front line.
- YARD, REAR
- A yard extending between the side lot lines situated between the rear line of the building and the rear lot line. In the case of through lots, there shall be no rear yards, but only front and side yards.
- YARD, SIDE
- A yard extending between the side building line and the nearest side lot line; situated between the front and rear yards.
- YARD WASTE
- Brush, grass clippings, leaves, vegetable waste, shrub and tree prunings six inches or less in diameter from residences and businesses that require disposal.
- YARD WASTE COMPOST
- A compost made by composting leaves, grass clippings, sticks, vegetable waste, and other small size yard debris.
- ZONING PERMIT
- Certification by the Code Enforcement Officer that the proposed
lots, structures, or uses of land and structures, and the characteristics
of such uses, are in conformity with this chapter. Such certification
may be issued prior to or in conjunction with the issuance of a building
permit pursuant to the NYS Uniform Code.[Added 4-15-2003]
Editor's Note: The former definition of "Building Code," which immediately followed this definition, was deleted 4-18-2000 by L.L. No. 1-2000.
Editor's Note: The former definition of "height of building," which immediately followed this definition, was deleted 4-18-2000 by L.L. No. 1-2000.
Editor's Note: The definition of "mobile home," which immediately followed this definition, was repealed 4-15-2003.
Editor's Note: The former definition of "automobile service station or filling station," which immediately followed this definition, was deleted 4-18-2000 by L.L. No. 1-2000.
Editor's Note: The former definition of "principal building," which immediately followed this definition, was deleted 4-18-2000 by L.L. No. 1-2000.
Editor's Note: The former definition of "special use," which immediately followed this definition, was deleted 4-18-2000 by L.L. No. 1-2000.
Editor's Note: The former definition of "variance," which immediately followed this definition, was deleted 4-18-2000 by L.L. No. 1-2000.