Except where specifically defined herein, all words used in
this chapter shall carry their customary meanings. Words used in the
present tense include the future, and the plural includes the singular;
the word "lot" includes the word "plat" or "parcel"; the word "building"
includes the word "structure"; the word "shall" is intended to be
mandatory; "occupied" or "used" shall be considered as though followed
by the words "or intended, arranged or designed to be used or occupied."
As used in this chapter, the following terms shall have the
meanings indicated:
Any equipment serving or being used in conjunction with a
communications facility or wireless support structure. The term "accessory
equipment" includes, but is not limited to, utility or transmission
equipment, power supplies, generators, batteries, cables, equipment
buildings, cabinets and storage sheds, shelters or similar structures.
[Added 9-2-2020 by L.L.
No. 3-2020]
An accessory facility or structure serving or being used
in conjunction with a communication tower and located on the same
lot as the communication tower, including utility or transmission
equipment storage sheds or cabinets.
A building that is an accessory structure used for the private
storage of personal property belonging to the owner and/or resident(s)
of such property where the building is located. This definition shall
not include buildings used in association with a permitted customary
agricultural operation or buildings used for the growing or propagation
of plants (greenhouses), pool cabanas or the housing or sheltering
of animals.
[Added 2-3-2021 by Res. No. 21T-066]
A structure customarily incidental and subordinate to the
principal building on the same lot where the principal building is
lawful and where there is unity of ownership between the principal
building and accessory structure. A structure which dominates the
principal building in area is not eligible to qualify as an accessory
structure.
A use customarily incidental and subordinate to the principal
use, where the principal use is lawful, where there is unity of ownership
between the principal and accessory use, and where the principal and
accessory uses are located on the same lot. A use which dominates
the principal use in area, extent or purpose is not eligible to qualify
as an accessory use. Under no circumstances shall any explicitly prohibited
use qualify as an accessory use.
A group of fruit-bearing plants or trees under cultivation
for either commercial purposes or private consumption.
Any structure which is built or placed so as to be attached
to a building and have a common wall with the building to which it
is attached.
A public or private establishment, or any part thereof, which
presents any of the following entertainments, exhibitions or services:
topless and/or bottomless dancers; strippers, topless waitressing,
busing or service; topless hair care or massages; service or entertainment
where the servers or entertainers wear pasties or G-strings or both;
adult arcades; adult bookstores or adult video stores; adult cabarets;
adult motels; adult motion-picture theaters; adult theaters; escort
agencies; nude model studios and sexual encounter centers. Adult use
and adult entertainment establishments customarily exclude minors
by reason of age.
ADULT ARCADEAny place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion-picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
ADULT BOOKSTORE or ADULT VIDEO STOREA commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:
Books, magazines, periodicals or other printed matter, or photographs,
films, motion pictures, videocassettes or video reproduction, slides,
or other visual representations which depict or describe specified
sexual activities or specified anatomical areas; or
Instruments, devices, or paraphernalia, which is designed for
use in connection with specified sexual activities. A commercial establishment
may have other principal business purposes that do not involve the
offering for sale or rental of material depicting or describing specified
sexual activities or specified anatomical areas and still be categorized
as an adult bookstore or adult video store so long as one of its principal
business purposes is the offering for sale or rental for consideration
of the specified materials which depict or describe specified sexual
activities or specified anatomical areas. For purposes of this definition,
"principal business purpose" shall mean 25% or more of any of the
following:
The number of different titles or kinds of such merchandise;
The number of copies or pieces of such merchandise;
The amount of floor space devoted to the sale and/or display
of such merchandise; or
The amount of advertising which is devoted to such merchandise,
either printed or broadcast media.
ADULT CABARETA nightclub, bar, restaurant, or similar commercial establishment which regularly features:
Persons who appear in a state of nudity; or
Live performances which are characterized by the exposure of
specified anatomical areas or by specified sexual activities; or
Films, motion pictures, videocassettes, slides, or other photographic
reproductions which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas.
ADULT MOTELA hotel, motel or similar commercial establishment which:
Offers accommodations to the public for any form of consideration;
provides patrons with closed-circuit television transmissions, films,
motion pictures, videocassettes, slides or other photographic reproductions
which are characterized by the depiction or description of specified
sexual activities or specified anatomical areas and/or currently rated
X movies; and/or
Offers a sleeping room for rent for a period of time that is
less than 10 hours; and/or
Allows a tenant or occupant of a sleeping room to subrent the
room for a period of time that is less than 10 hours.
ADULT MOTION-PICTURE THEATERA commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT THEATERA theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
NUDITY or A STATE OF NUDITYThe appearance of a human bare buttocks, male genitals, female genitals, or full male or female breasts.
SEXUAL ENCOUNTER CENTERA business or commercial enterprise that as one of its primary business purposes offers for any form of consideration:
Physical contact in the form of wrestling or tumbling between
persons or the opposite sex; or
Activities between male and female persons and/or persons of
the same sex when one or more of the persons is in a state of nudity
or seminude (a state of undress in which clothing covers no more than
the genitals, pubic region, and areola of the female breast, as well
as portions of the body covered by supporting straps or devices).
SPECIFIED SEXUAL ACTIVITIESIncludes any of the following:
An apparatus designed for the purpose of receiving as well
as transmitting radiofrequency (RF) signals, to be operated or operating
from a fixed location pursuant to Federal Communications Commission
authorization, for the provision of wireless service and any commingled
information services.
[Amended 9-2-2020 by L.L. No. 3-2020]
A building arranged, intended or designated to be occupied
by three or more resident households living independently of each
other.
Any entity that applies for a wireless communication facility
building permit, zoning approval and/or permission to use the public
right-of-way or other Town-owned land or property.
[Added 9-2-2020 by L.L.
No. 3-2020]
All necessary and appropriate documentation that an applicant
submits in order to receive permission to construct and operate wireless
communications facilities.
[Added 9-2-2020 by L.L.
No. 3-2020]
A person or persons employed by the Town of Penfield so designated
to perform those duties of enforcing the provisions of this chapter.
"Authorized official" includes without limitation the Town Supervisor,
Director of Developmental Services, Town Engineer, Fire Marshal/Building
Inspector, Code Enforcement Officer and/or any employee designated
by them, and as may be amended.
[Amended 2-3-2021 by Res. No. 21T-066]
The cross-sectional area of a tree, measured at breast height
(ABH), generally considered to be 4.5 feet above existing ground level.
Basal area is measured in square feet.
Any structure or equipment at a fixed location, not including
a tower, that enables FCC-licensed communications between a user and
a wireless network.
[Added 9-2-2020 by L.L.
No. 3-2020]
The term includes, but is not limited to, equipment associated
with wireless communications services such as private, broadcast,
and public safety services, as well as unlicensed wireless services
and fixed wireless services such as microwave backhaul.
The term includes, but is not limited to, radio transceivers,
antennas, coaxial or fiber-optic cable, regular and backup power supplies,
and comparable equipment, regardless of technological configuration
(including distributed antenna systems and small-cell networks).
The term includes, but is not limited to, any structure other than a tower that, at the time the relevant application is filed, supports or houses equipment described in Subsections A and B of this definition that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.
The term does not include any structure that, at the time of
the relevant application is filed with the Town under this section,
does not support or house equipment described in this Code.
A bed-and-breakfast facility is not a hotel or motel, but
rather is a dwelling in which overnight accommodations for a maximum
stay of one week and breakfast only are provided or offered for transient
guests for compensation. Such use is secondary to the occupancy of
the dwelling by a family.
Any freestanding sign that directs attention to a business,
commodity, service or entertainment, other than for charitable or
civic events or issues, conducted, sold or offered at a location other
than the premises or site on which the sign is located.
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of persons or animals.
The lines which delineate the area on which a structure may
be legally erected.
That portion of a building facade adjacent to the space occupied
by a single business owner or tenant in which the primary or main
public entrance to such business or industry is located.
[Amended 2-3-2021 by Res. No. 21T-066]
A room enclosure erected or constructed adjacent to a mobile/manufactured
home for residential use by the occupant of the mobile/manufactured
home.
A portable vehicular structure mounted on wheels and constructed
with or without collapsible partial side walls of fabric, plastic
or other material which are adapted for folding for towing by another
vehicle and unfolding at the campsite to provide temporary living
quarters for recreational, camping or travel use.
A retail facility that sells at retail any cannabis product,
the sale of which a license is required for an adult-use cannabis
retail dispensary under the provisions of the New York State Marijuana
Regulation and Taxation Act.
[Added 10-19-2022 by L.L. No. 5-2022]
A sale, event or other activity, lasting 30 days or less,
conducted by a charitable organization for the purpose of generating
financial profits or donations of monies, materials or services to
benefit charitable causes.
A public event, lasting 30 days or less, occurring within
the Town of Penfield, including but not limited to parades, carnivals,
festivals, displays and shows conducted by or in conjunction with
the Town of Penfield.
The mounting or installation of one or more wireless communication
facilities (WCFs), including antennas, on a pre-existing structure,
or modifying a structure for the purpose of mounting or installing
a WCF on that structure.
[Added 9-2-2020 by L.L.
No. 3-2020]
Notwithstanding any provision hereof to the contrary, for
purposes of this chapter in no event shall the terms "commercial,"
"commercial uses," or any variation thereof, be construed to mean,
be, include, or authorize within the Town any explicitly prohibited
use.[1]
Any document, styled comprehensive or master plan or otherwise,
adopted by the Town Board for the protection, enhancement, growth,
and development of the Town, immediate as well as long-range, specifically
pursuant to Town Law § 272-a, together with all other materials,
written and/or graphic, including but not limited to maps, charts,
studies, resolutions, reports and other descriptive material, adopted
by the Town Board, that identify the goals, objectives, principles,
guidelines, policies, standards, devices and instruments for the protection,
enhancement, growth and development of the Town.
The use of a parcel of land of five acres or more for gain
in the raising of agricultural products, livestock, poultry, and dairy
products. It includes necessary farm structures and roadside stands
within the prescribed limitations and the storage of necessary equipment.
It includes also the use of a parcel of land of less than five acres,
except that on such parcels, the raising of fur-bearing animals, livery
or boarding stables, dog kennels and the raising of livestock and
poultry for sale and slaughter is excluded and therefore prohibited.
No housing of poultry or stabling of livestock or storage of manure
or other odor- or dust-producing material shall be allowed within
100 feet of any lot line. When, in conjunction with the customary
agricultural operation, the lodging for hire of more than four persons
is prohibited, in no event shall customary agricultural operations
be construed to mean, be, include, or authorize within the Town natural
gas and/or petroleum exploration activities, natural gas and/or petroleum
extraction activities, a land application facility, a natural gas
and/or petroleum exploration, extraction or production wastes disposal/storage
facility, a natural gas and/or petroleum extraction, exploration or
production wastes dump, or any other explicitly prohibited use.
A business conducted by a resident wholly within the dwelling unit subject to the limitations found in § 250-5.1D(3)
See "antenna."
A condition that 1) constitutes a clear and immediate danger
to the health, welfare, or safety of the public, or 2) has caused
or is likely to cause facilities in the rights-of-way to be unusable
and result in loss of the services provided unless a remedy is possible.
[Added 9-2-2020 by L.L.
No. 3-2020]
The Environmental Protection Agency.
Notwithstanding any provision hereof to the contrary, for
purposes of this chapter, in no event shall the term "excavated materials,"
"excavation," "excavating" or any variation thereof be construed to
mean, be, or include natural gas, or to authorize within the Town
natural gas and/or petroleum extraction activities or any other explicitly
prohibited use.
The explicitly prohibited uses defined and described in Article IV of this chapter.
Property lines which encompass a total multiple dwelling
development, townhouse development and mobile home park development.
The Federal Aviation Administration.
A structure that incorporates structures or components designed
for residential occupancy, constructed by a method or system of construction
whereby the structure or component is wholly or in substantial part
manufactured in a manufacturing facility and is intended for permanent
installation on a building site.
Any number of individuals living together as a single housekeeping
unit and preparing their food as one unit.
Federal Communications Commission.
[Amended 9-2-2020 by L.L. No. 3-2020]
The depositing of natural or artificial material that raises
the existing grade of land or modifies the surface of water bodies.
In no event shall "filling" be construed to mean, be, include, or
authorize within the Town a land application facility, a natural gas
and/or petroleum exploration, extraction or production wastes disposal/storage
facility, a natural gas and/or petroleum extraction, exploration or
production wastes dump, or any other explicitly prohibited use.
A building or lot having pumps and storage tanks where fuels,
oils, or accessories for motor vehicles are dispensed, sold, or offered
for sale at retail only and where there is no auto repair service.
Any privately, semi-privately or publicly owned course consisting
of at least nine golf holes of conventional design and distance.
The acreage computed within the perimeter of all legally
recognized property lines of any given parcel of land.
The vertical distance measured from grade level to the highest
point on the roof.
Notwithstanding any provision hereof to the contrary, for
purposes of this chapter, in no event shall the terms "industrial,"
"industrial uses," "industry," or any variation thereof contained
in this chapter be construed to mean, be, include, or authorize within
the Town any explicitly prohibited use.
A bored, drilled or driven shaft whose depth is greater than
the largest surface dimension, or a dug hole whose depth is greater
than the largest surface dimension of the hole, through which fluids
(which may or may not include semi-solids) are injected into the subsurface
and less than 90% of such fluids return to the surface within a period
of 90 days.
A son, daughter, brother, sister, brother-in-law, sister-in-law,
mother, father, mother-in-law, father-in-law, grandfather, grandmother,
grandchild, aunt, uncle, niece, nephew, cousin or step relatives of
the foregoing degrees.
A separate living space consisting of an area that is subordinate
and incidental to the primary dwelling unit within a single-family
dwelling unit which may consist of separate sleeping, cooking, living,
dining and bathroom facilities and which is intended to be occupied
by an in-law or in-laws of a member or members of the family unit
occupying the main part of the dwelling
Notwithstanding any provision hereof to the contrary, a letter
of credit in form and content (including without limitation the conditions
to draw), and from an issuer, acceptable to the Attorney for the Town
of Penfield in his/her reasonable discretion.
Any manufactured good, appliance, fixture, furniture, machinery,
motor vehicle, recreational vehicle, trailer or similar object which
is abandoned, demolished, discarded, dismantled or so worn, deteriorated
or in such a condition as to be generally unusable in its existing
state. This definition shall include but shall not be limited to scrap
metal, scrap material, waste bottles, cans, paper, rubble, boxes,
crates, rags, used construction materials, used motor vehicle parts
and used tires.
A place where waste, discarded or salvaged materials are
bought, sold, exchanged, stored, baled, cleaned, packed, disassembled
or handled, or where automobile wrecking takes place. In no event
shall "junkyard" be construed to mean, be, include, or authorize within
the Town a land application facility, a natural gas and/or petroleum
exploration, extraction or production wastes disposal/storage facility,
a natural gas and/or petroleum extraction, exploration or production
wastes dump, or any other explicitly prohibited use.
A place for the keeping of more than three (of any type)
animals that are more than six months old for commercial purposes
and not related to agriculture.
A site where any natural gas and/or petroleum extraction,
exploration or production wastes are applied to the soil surface or
injected into the upper layer of the soil.
The site on which a Penfield landmark is situated. The extent
of the landmark site shall be prescribed by the Historic Preservation
Board when the landmark is designated. The site need not include the
whole property on which the Penfield landmark is situated, but in
no event shall it be smaller than the lot size prescribed by the ordinance
for the zoning district in which said site is located.
The line, whether actually marked or unmarked, establishing
the leased area or boundaries of a mobile/manufactured home lot.
A contiguous parcel of land in identical ownership throughout,
bounded by other parcels or rights-of-way.
The distance between the midpoints of straight lines connecting
the foremost points of the side lot lines in front and the rearmost
points of the side lot line in the rear.
The distance between straight lines connecting front and
rear lot lines at each side of the lot, measured at the building line.
A band of frequencies or a range of radiowaves.
Notwithstanding any provision hereof to the contrary, for
purposes of this chapter in no event shall the term "mine," "mining"
or any variation thereof contained in this chapter be construed to
mean, be, include, or authorize within the Town any natural gas and/or
petroleum extraction activities, or any other explicitly prohibited
use.
A transportable structure not drawn by its own power, transportable
in one or more sections, which, in the traveling mode, is eight feet
or more in width or 40 feet or more in length, or, when erected on
site, is 320 square feet or more, and which is built on a permanent
chassis and designed to be used as a dwelling with or without a permanent
foundation when connected to the required utilities, and includes
the plumbing, heating, air-conditioning and electrical systems contained
therein.
A parcel of land for the placement of a single mobile/manufactured
home, its accessory building or structures, and accessory equipment
for the exclusive use of the occupants of said mobile/manufactured
home.
Any premises on which are parked two or more occupied mobile/manufactured
homes. This definition shall exclude sales lots on which automobiles
or unoccupied mobile homes, whether new or used, are parked for purposes
of inspection or sale.
The person or persons responsible for on-site management
and operation of a mobile home park.
A drawing submitted to the authorized official as part of
an application for a permit for a mobile home park, containing all
the information required by the ordinance in sufficient detail to
enable the required review.
The addition, removal or change of any physical and visually
discernible components or aspects of wireless communications facilities,
such as antennas, cabling, radios, equipment shelters, landscaping,
fencing, utility feeds, changing the color or materials of any visually
discernible components, vehicular access, parking and/or an upgrade
or change-out of equipment for better or more modern equipment. Adding
a new wireless carrier or service provider to a wireless communications
facility is a "modification." A "modification" shall not include the
replacement of any components of wireless communications facilities
where the replacement is identical to the component being replaced
or for any matters that involve the normal repair and maintenance
of said wireless communications facility without adding, removing
or changing any equipment.
[Added 9-2-2020 by L.L.
No. 3-2020]
A vehicular structure built on a self-propelled motor vehicle
chassis primarily designed to provide temporary living quarters for
recreational, camping or travel use.
Methane and any gaseous substance, either combustible or
noncombustible, which is produced in a natural state from the earth
and which maintains a gaseous or rarefied state at standard temperature
and pressure conditions, and/or gaseous components or vapors occurring
in or derived from petroleum or other hydrocarbons.
Geologic or geophysical activities related to the search
for natural gas, petroleum or other subsurface hydrocarbons, including
prospecting, geophysical and geologic seismic surveying and sampling
techniques, but only to the extent that such activities involve or
employ core, rotary, or any other type of drilling or otherwise making
any penetration or excavation of any land or water surface in the
search for and evaluation of natural gas, petroleum, or other subsurface
hydrocarbon deposits.
The digging or drilling of a well for the purposes of exploring
for, developing or producing natural gas, petroleum or other subsurface
hydrocarbons, including without limitation any and all forms of shale
fracturing.
Any of the following in any form, and whether or not such items
have been excepted or exempted from the coverage of any federal or
state environmental protection laws, or have been excepted from statutory
or regulatory definitions of "industrial waste," "hazardous," or "toxic,"
and whether or not such substances are generally characterized as
waste:
Natural gas or petroleum drilling fluids;
Natural gas or petroleum exploration, drilling, production or
processing wastes;
Natural gas or petroleum drilling treatment wastes (such as
oils, frac fluids, produced water, brine, flowback, sediment and/or
any other liquid or semi-liquid material);
Any chemical, waste oil, waste emulsified oil, mud, or sediment
that was used or produced in the drilling, development, transportation,
processing or refining of natural gas or petroleum;
Soil contaminated in the drilling, transportation, processing
or refining of natural gas or petroleum;
Drill cuttings from natural gas or petroleum wells; or
Any other wastes associated with the exploration, drilling,
production or treatment of natural gas or petroleum.
This definition specifically intends to include some wastes
that may otherwise be classified as "solid wastes which are not hazardous
wastes" under 40 CFR 261.4(b). The definition of natural gas and/or
petroleum extraction, exploration or production wastes does not include:
Any of the following:
Land upon which natural gas and/or petroleum extraction,
exploration or production wastes, or their residue or constituents
before or after treatment, are deposited, disposed, discharged, injected,
placed, buried or discarded, without any intention of further use.
A facility constructed or operated to compress natural gas
that originates from a gas well or collection of such wells, operating
as a midstream facility for delivery of gas from a gas field for entry
into the transmission pipeline system; the term shall not include
the transmission pipeline itself; the term shall include equipment
for liquids separation, natural gas dehydration, and tanks for the
storage of waste liquids and hydrocarbon liquids.
Those facilities that separate and recover natural gas liquids
(NGLs) and/or other non-methane gases and liquids from a stream of
produced natural gas, using equipment for any of the following: cleaning
or stripping gas, cooking and dehydration, residual refinement, treating
or removing oil or condensate, removing water, separating NGLs, removing
sulfur or carbon dioxide, fractionation of NGLs, or the capture of
CO2 separated from natural gas streams.
Notwithstanding any provision hereof to the contrary, in
no event shall the term "naturally occurring material" or any variation
thereof be construed to mean, be or to include natural gas, or to
authorize within the Town any explicitly prohibited use.
Structures for which the start of construction commenced
on or after the effective date of this chapter.
Any use of land or structure, which use was lawful at the time of the effective date of this chapter subject to the requirements of § 250-7.13.
A wireless facility collocated on an existing structure,
such as, but not limited to, buildings, water towers, electrical transmission
towers, utility poles, light poles, traffic signal poles, flag poles
and other similar structures that do not require the installation
of a new tower. This term includes the replacement of an existing
structure with a similar structure that is required to accommodate
the proposed WCF.
[Added 9-2-2020 by L.L.
No. 3-2020]
Any noisome substance which, by reason of its nature, will
produce an olfactory response in a human being.
The area unoccupied by any building, structure or parking
area, whether paved or unpaved.
Any improvement or area which has architectural or historical
significance and is designated thus by the Historic Preservation Board
in accordance with the requirements of this chapter.
That use of land by occupancy, activity, building or other
structure which is specifically enumerated as permissible by the regulations
of the zoning district in which land is located.
Any individual, public or private corporation, for profit
or not for profit, association, partnership, limited-liability company,
limited-liability partnership, firm, trust, or estate, and any other
legal entity whatsoever which is recognized by law as the subject
of rights and duties.
An accessory structure used as a changing area and/or the
storage of pool supplies and equipment in connection with a swimming
pool.
[Added 2-3-2021 by Res. No. 21T-066]
A lot, together with all the buildings and structures thereon.
A district comprising two or more properties and adjacent
public areas, which includes structures and/or improvements of architectural
or historical significance and is designated as such by the Town Board
in accordance with the requirements of this chapter.
The site on which a preservation structure is situated.
Any structure or improvement situated in a preservation district
other than those designated as Penfield landmarks. A preservation
structure may or may not have architectural or historical significance.
A use authorized or allowed alone in a specified use district
for the preservation or promotion of which the use district is established
and subject to the requirements of the regulations and standards of
such use district, and to which all other uses are accessory, special,
conditional or nonconforming.
An office used solely by a professional person(s) when part
of the personal residence, which does not change the essential character
of the residence.
An entity which operates as a monopoly, and whose rates charged
to customers are established by a utility commission. A public utility
or utility facility, structure, or use is a facility, structure, or
use which is operated by a public utility, and which provides electric,
gas, steam, CATV, telephone or other communication service, water
or sewerage directly to the general public. In no event shall "public
utility," "public utility building," "public utility facility," or
"utility" be construed to mean, be, include, or authorize within the
Town a natural gas compression facility, natural gas processing facility,
or any other explicitly prohibited use.
Personal wireless facility.
The spontaneous emission of particles (alpha, beta, neutrons)
or photons (gamma) from the nucleus of unstable atoms as a result
of radioactive decay.
Material in any form that emits radiation. This definition
specifically includes NORM (naturally occurring radioactive material),
but only if such naturally occurring material has been moved from
its naturally occurring location through a mechanical or other man-made
process. All such material is "radioactive material" for purposes
hereof, whether or not it is otherwise exempt from licensing and regulatory
control pursuant to the New York State Department of Labor, the United
States Nuclear Regulatory Commission, Environmental Protection Agency,
Department of Energy, Department of Transportation, or any other regulatory
agency.
Any freestanding roof or shade structure installed or erected
above a mobile/manufactured home or any portion thereof.
Any structure or improvement which is used for the purpose
of riding or propelling wheeled vehicles, including, but not limited
to, skateboards, bicycles, motorcycles, motorized bicycles, roller
skates, in-line skates, roller blades or such other similar vehicles
or devices.
The replacement of existing wireless communications facilities
on an existing wireless support structure or within an existing equipment
compound due to maintenance, repair or technological advancement with
equipment composed of the same wind loading and structural loading
that is substantially similar in size, weight and height as the wireless
communications facilities initially installed and that does not substantially
change the physical dimensions of the existing wireless support structure.
[Added 9-2-2020 by L.L.
No. 3-2020]
A permanent building used for the serving of meals where
customers are seated principally at a table and are waited on when
seated, where a full line of meals is offered, where the main portions
of the meals are not precooked, prepackaged or prepared in any manner
such as this, in anticipation of customers, and further where, under
proper authority, alcoholic beverages may be served and where the
meal is not customarily or occasionally eaten in vehicles.
The line which is the common boundary line between a lot
and a street or highway boundary.
A horizontal or inclined structural element of a building,
which serves as the top closure.
An imaginary line running in a horizontal direction around
a building; said line is created at the vertical break of a wall and
roof.
The minimum allowable horizontal distance from a given point
or line of reference, such as a street right-of-way or property line,
to the nearest above-grade foundation, edge of walking surface, floor,
vertical wall, or other structural or nonstructural vertical elements
of a building or accessory structure, exclusive of roof overhangs
or other incidental horizontal projections, as defined herein.
[Amended 2-3-2021 by Res. No. 21T-066]
A group of at least three or more nonresidential establishments
managed as a unit and where there are usually common walls between
the various uses, with off-street parking provided on the center's
site.
Any advertising medium, structure, or device which advertises,
directs, or calls attention to any business, article, substance, or
service. A sign may be painted, printed, pasted, posted or affixed
to any building, billboard, wall, fence, railing, vehicle, natural
object or structure of any kind on real property or upon the ground
itself. This definition encompasses flags, banners, neon tubes, fluorescent
tubes, or other artificial lights or strings of lights outlining or
hung on any part of a structure, building or lot for the purposes
mentioned heretofore, but does not include the flag or insignia of
any governmental, civic, professional, religious or similar organization.
Any sign supported by a pylon, pole, upright, or brace placed
in the ground and which stands free of a building and/or other structure.
A temporary sign expressing the opinion of the owner or occupant
of the appurtenant property regarding political, governmental, charitable,
religious, social or economic topics of public interest.
A portable sign which in its subject matter directs attention
to a use, facility, service, product or event at a location other
than on the premises or site on which the sign is located, with the
consent of the property owner on which such sign is located.
A sign relating in its subject matter to the premises on
which it is located.
A temporary sign announcing or supporting political candidates,
announced or supported by the owner or occupant of the appurtenant
property.
A sign not exceeding six square feet in area per face or
four feet in height, located on private property, a minimum distance
of 10 feet from any side or rear property line and designed or intended
to be easily moved by a single person of average physical strength
without the need of additional equipment and that is not permanent
embedded in the ground or affixed to any building or other structure
and that is intended or designed to be displayed for a limited time
period.
Any sign which is attached to a building or other structure
and extends beyond the line of said building or structure, or beyond
the surface of that portion of the building or structure to which
the sign is attached, and not parallel to the face of the building.
A parcel of land, a lot or group of contiguous lots under
single ownership that is in the process of being developed or proposed
for development.
A drawing prepared to specifications and containing necessary elements, as set forth in submission requirements of the department facilitating review, which shows the arrangement, layout and design of the proposed use of a single parcel, or parcels as the case may be, of land as shown on said plan. Site plan approval is subject to the requirements identified within Article XII.
A sketch of a proposed subdivision showing the information specified in Article XV, Miscellaneous Provisions, of this chapter to enable the subdivider to save time and expense in reaching general agreement with the Planning Board or Town Board, as the case may be, as to the form of the layout and objectives of these regulations.
A wireless communications facility that meets the following
criteria:
[Added 9-2-2020 by L.L.
No. 3-2020]
Each antenna associated with the deployment (excluding the associated
equipment) is no more than three cubic feet in volume;
All antenna equipment associated with the facility (excluding
antennas) are cumulatively no more than 28 cubic feet in volume;
The facilities do not require antenna structure registration
under 47 CFR Part 17;
The facilities are not located on tribal lands, as defined under
36 CFR 800.16(x); and
The facilities do not result in human exposure to radiofrequency
radiation in excess of the applicable safety standards specified in
47 CFR 1.1307(b).
A use which is deemed allowable within a given zoning district,
but which is potentially incompatible with other uses and, therefore,
is subject to special standards and conditions of such use, subject
to the approval of the Town Board, Planning Board, or Zoning Board,
as the case may be, and complying with the requirements of Town Law
§ 274-b.
The limiting steepness beyond which soils will slip downhill
or become unstable.
A grouping of three or more trees of six inches or more in
diameter at any point 4.5 feet above existing ground level.
The State of New York.
[Added 9-2-2020 by L.L.
No. 3-2020]
Camouflaging methods applied to wireless communications facilities
which render them more visually appealing or blend the proposed facility
into the existing structure or visual backdrop in such a manner as
to render it minimally visible to the casual observer. Such methods
include, but are not limited to, alternative mounting structures,
such as architecturally screened roof-mounted antennas, building-mounted
antennas painted to match the existing structure and facilities constructed
to resemble trees, shrubs, flagpoles, and light poles to the extent
feasible.
[Added 9-2-2020 by L.L.
No. 3-2020]
All areas in the Town of Penfield within 50 feet of the top or toe of a fifteen-percent slope or greater, as identified on the Steep Slope EPOD Map and as further defined in § 250-6.1G.
One-story building: may consist of a basement and one floor,
provided the basement ceiling is less than six feet above grade.
Two-story building: may consist of a basement, first floor and
second floor, provided the basement is less than six feet above grade.
One-and-one-half story building: may consist of a basement,
first floor and second floor, provided the distance from the second
floor to the mean of the roof does not exceed seven feet and the basement
ceiling is less than six feet above grade.
The portion of a building which is between one floor level
and the next higher floor level or the roof. If a mezzanine floor
area exceeds 1/3 of the area of the floor immediately below, it shall
be deemed to be a story. A basement shall be deemed to be a story
when its ceiling is six feet or more above the finished grade.
In addition to its other ordinary applications, any alteration
whereby a building or other structure is adapted to another or a different
use, and to any alteration or repair.
An assembly of materials forming a construction made of component
structural parts for occupancy or use, excluding fences, retaining
walls, or decorative gardening materials.
The division of one parcel into two or more parcels. The term "subdivision" may include any alteration of lot lines or dimensions of any lots shown on a plat previously approved and filed in the office of the County Clerk which is also referred to as "resubdivision." Subdivisions are subject to the requirements identified within Article XI.
A drawing, in final form, showing a proposed subdivision
and containing all information or detail required by law and by this
chapter to be presented to the Planning Board or Town Board, as the
case may be, for approval, and which, if approved, shall be duly filed
and recorded by the applicant in the office of the County Clerk.
A modification to an existing wireless communications facility
substantially changes the physical dimensions of a tower or base station
if it meets any of the following criteria: 1) for tower-based WCFs
or base stations outside the public rights-of-way, it increases the
height of the facility by more than 10%, or by the height of one additional
antenna array with separation from the nearest existing antenna, not
to exceed 20 feet, whichever is greater; for small wireless communications
facilities in the rights-of-way, it increases the height of the facility
by more than 10% or 10 feet, whichever is greater; 2) for tower-based
WCFs or base stations outside the public rights-of-way, it protrudes
from the edge of the tower-based WCF or base station by more than
20 feet, or more than the width of the tower structures are the level
of the appurtenance, whichever is greater; for those small wireless
facilities in the public rights-of-way, it protrudes from the edge
of the structure by more than six feet; 3) it involves installation
of more than the standard number of new equipment cabinets for the
technology involved, but not to exceed four cabinets; 4) it entails
any excavation of deployment outside the current site of the small
wireless facility, tower-based WCF or base station; or 5) it does
not comply with conditions associated with prior approval of construction
or modification of the small wireless facility, tower-based WCF or
base station unless the noncompliance is due to an increase in height,
increase in width, or addition of cabinets.
[Added 9-2-2020 by L.L.
No. 3-2020]
Below the surface of the earth, or of a body of water, as
the context may require.
The transmission and reception of audio, video, data and
other information by wire, radio, light, and other electronic or electromagnetic
systems.
A structure on which one or more transmitting and/or receiving
antennas are located.
A permit granted by the authorized official and issued by
the Town Clerk for commercial properties to allow the storage and
display of merchandise to be sold by the business. The business is
permitted a maximum of four permits per year of a duration of one
week or less. The applicant shall be required to pay any and all fees
established for this permit.
[Amended 2-3-2021 by Res. No. 21T-066]
A permit granted by the authorized official and issued by
the Town Clerk for recreational activities of a duration of one week
or less. Examples of temporary recreational uses shall include, but
are not limited to, carnivals, concerts, promotional baseball events,
and athletic tournaments.[2]
Any structure other than a building that is constructed for
the primary purpose of supporting one or more wireless communications
facilities, including, but not limited to, self-supporting lattice
towers, guy towers and monopoles. The term excludes small wireless
communications facilities.
[Added 9-2-2020 by L.L.
No. 3-2020]
A dwelling unit which is one of a series of units, having
a common party wall between each adjacent unit, each with private
outside entrance.
A portable vehicular structure, mounted on wheels, of such size
or weight as not to require special highway movement permits when
drawn by a motor vehicle, primarily designed and constructed to provide
temporary living quarters for recreational, camping or travel use;
Any vehicle or structure designed and used for human living
quarters which meets all of the following qualifications:
Is not used as the permanent residence of the owner or occupant.
Is used for temporary living quarters by the owner or occupant
while engaged in recreational or vacation activities.
Is towed or otherwise transported by its own or by other motor
power on the public streets or highways incidental to such recreational
or vacation activities.
All areas in the Town of Penfield of less than five acres
with stands of trees measuring six inches or more in diameter at any
point 4.5 feet above existing ground level.
A portable structure designed to be loaded onto, or affixed
to the bed or chassis of, a truck and constructed to provide temporary
living quarters for recreation, camping or travel use.
Subsurface emplacement of natural gas and/or petroleum extraction,
exploration or production wastes by or into an injection well.
Subsurface storage, including in depleted gas or oil reservoirs
and salt caverns, of natural gas that has been transferred from its
original location, whether for the purpose of load balancing the production
of natural gas or for any other reason, including without limitation
short-term, long-term, or intermittent storage for product quality,
processing, or transportation purposes, or because of market conditions.
Without limitation, this term includes compression and dehydration
facilities.
A lot on which the construction of any structure has not
occurred.
Farms, farm markets, orchards or similar agricultural operations
where the customers of such operation harvest the fruits or products
directly from the plants themselves in exchange for compensation to
the owner or operator of such operation.
A satellite signal which, when viewed on a conventional television
set, is at least equal in picture quality to that received from local
commercial television stations using typical residential antennas
or by way of cable television.
The explicitly prohibited uses defined and described in Article IV of this chapter.
See "nonconforming use."
See "permitted structure or use."
See "principal structure or use."
A pole or similar structure that is used in whole or in part
for the purpose of carrying electric distribution lines or cables
or wires for telecommunications, cable or electric service, or for
lighting, traffic control, signage, or a similar function regardless
of ownership, including Town-owned poles. Such term shall not include
structures supporting only wireless communications facilities.
[Added 9-2-2020 by L.L.
No. 3-2020]
An area variance or a use variance as the context may require.
AREA VARIANCEThe authorization by the Zoning Board of Appeals for the use of land in a manner that is not otherwise allowed by the dimensional or physical requirements of the applicable zoning regulations.
USE VARIANCEThe authorization by the Zoning Board of Appeals for the use of land for a purpose that is not otherwise allowed or is prohibited by the applicable zoning regulations.
Any identifiable natural or man-made channel which has measurable detectable flow on a continual basis throughout most of the year and as further defined in § 250-6.1J.
Those uses which require direct access to the waterfront in
order to function (water-dependent); or
Those uses which have no critical dependence on a waterfront
location but the profitability of those uses and/or the enjoyment
levels of the users would be significantly enhanced if the uses were
adjacent to or had visual access to the waterfront (water-enhanced).
The antennas, nodes, control boxes, towers, poles, conduits,
ducts, pedestals, electronics and other equipment used for the purpose
of transmitting, receiving, distributing, providing, or accommodating
wireless communications services.
[Added 9-2-2020 by L.L.
No. 3-2020]
A pole, tower, base station, or other building, whether or
not it has an existing antenna facility, that is used or is to be
used for the provision of wireless service (whether on its own or
comingled with other types of services).
[Added 9-2-2020 by L.L.
No. 3-2020]
All areas in the Town of Penfield of five or more contiguous acres of woods and unique or sensitive areas of less than five acres, as identified on the woodland EPOD Map and further defined in § 250-6.1H. Areas of active orchards are not included.
