[HISTORY: Adopted by the Town Board of the Town of Mendon 10-7-2013 by L.L. No.
3-2013 (Ch. 86 of the 1994 Code). Amendments noted
where applicable.]
This chapter is hereby adopted to provide the Town of Mendon with uniform definitions applicable to the chapters within the Town of Mendon Code, thereby eliminating unnecessary or conflicting definitions in the various chapters. There are some chapters within the Code that contain definitions which apply specifically to those chapters (see § 5-5, Exempted chapter definitions). Unless otherwise indicated, this chapter will apply to all chapters within the Code.
A.
All
words used in the present tense include the future tense.
B.
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 or unless the natural construction
of the wording indicates otherwise.
C.
The
word "person" includes an association, partnership or corporation.
D.
The
word "measurement," unless otherwise specified, shall mean the distances
measured horizontally.
E.
The
word "building" includes the word "structure."
F.
The
word "lot" includes the words "plot," "parcel," or "tract."
G.
The
word "premises" includes a lot and all buildings or structures thereon.
H.
To
"erect," to "construct" and to "build" a building or structure each
have the same meaning.
I.
"Used"
shall be deemed also to include "designed, intended or arranged to
be used or occupied."
J.
"Shall"
is mandatory and not discretionary; "may" is permissive.
As used in the Town Code, the following terms shall have the
meanings indicated:
The official Town Code manual entitled "Code of the Town
of Mendon, County of Monroe, State of New York." Official copies of
the Code, as may be amended, are maintained and are on file in the
Town Clerk's office.
The official designated by the Town Board of the Town of
Mendon to enforce the provisions of the Town of Mendon Code and the
New York State Uniform Fire Prevention and Building Code in the Town.
The Monroe County Department of Public Health and any other
health board or department established pursuant to the laws of the
State of New York or the County of Monroe and having authority for
the regulation of matters pertaining to the public health of the Town.
[Amended 10-15-2018 by L.L. No. 3-2018]
Any commissioner, member of a public board or commission,
trustee, director, officer, employee, volunteer expressly authorized
to participate in a publicly sponsored volunteer program or any other
person holding a position by election, appointment or employment in
the service of the Town, whether or not compensated, but shall not
include an independent contractor. The term "employee" shall include
a former employee, his or her estate or judicially appointed personal
representative.
[Added 10-15-2018 by L.L.
No. 3-2018]
[Amended 10-15-2018 by L.L. No. 3-2018]
A direct or indirect pecuniary or material benefit accruing
to a municipal officer or employee as the result of a contract with
the Town.
For the purposes of this Code, a municipal officer or employee
shall be deemed to have an interest in the contract of:
His spouse, minor children and dependents, except a contract
of employment with the Town;
A firm, partnership or association of which such officer or
employee is a member or employee;
A corporation of which such officer or employee is an officer,
director or employee; and
A corporation any stock of which is owned or controlled directly
or indirectly by such officer or employee.
An officer or employee of the Town of Mendon, whether paid
or unpaid, including members of any administrative board, commission
or other agency thereof. No person shall be deemed to be a municipal
officer or employee solely by reason of being a volunteer fireman
or civil defense volunteer, except a Fire Department Chief, Assistant
Chief or Fire Commissioner.
Includes, but shall not be limited to, written or oral information
relating to the date, time and place where a meeting is to be held.
The Town of Mendon.
The officials duly elected to the Mendon Town Board.
The official duly elected to the position of Mendon Town
Clerk.
The Environmental Conservation Board (ECB) of the Town of
Mendon.[2]
The official elected to the position of Mendon Superintendent
of Highways.
The Historic Preservation Commission (HPC) of the Town of
Mendon.
The Planning Board of the Town of Mendon.
The Zoning Board of Appeals (ZBA) of the Town of Mendon.
The Zoning Law of the Town of Mendon, also commonly known as Chapter 260 of the Town of Mendon Code.
[1]
Editor's Note: The following definitions were deleted from
this section 10-15-2018 by L.L. No. 3-2018: County Planning Board;
news media.
[2]
Editor's Note: The definition of "Town Farmland Advisory Committee,"
which immediately followed this definition, was repealed 10-15-2018
by L.L. No. 3-2018.
Except as otherwise provided herein, words and terms used in
the Code shall have their usual and customary meanings. As used in
the Code, the following terms shall have the meanings indicated:
The intent of the owner of a vehicle not to use it on the
public highways or as a conveyance in the manner for which said vehicle
was originally designed shall establish it as abandoned. The intent
of the owner shall be determined by the physical condition of the
vehicle, any statements as to its abandonment, the length of time
since the vehicle was last used, whether the vehicle is currently
licensed, registered and other relevant facts.
An owner of property which shares a common boundary with
the subject property, including property on the opposite side of the
roadway from the subject property, whether or not the boundary line
goes to the center of the roadway.
[Added 7-13-2020 by L.L. No. 1-2020]
The term applied to a building or structure which is separate
from or attached to the principal building by a contiguous wall and
is customarily incidental and subordinate to and serves a principal
building; is subordinate in area, extent or purpose to the principal
building served; contributes to the comfort, convenience or necessity
of occupants of the principal building use; and is located on the
same parcel as the principal building.
Separately constructed items, not limited to structures or
accessory structures, which are necessary to operate the principal
use, but are secondary in size and function to such use, and are located
on the same parcel of land as the principal use. Such constructed
items are not intended to include underground water, sewer, natural
gas and electric lines or roadways which may be incidental to the
operation of the principal 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.
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 Mendon.
A commercial establishment where, for any form of consideration,
films, motion pictures, videocassettes, slides or similar photographic
reproductions are regularly shown which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas.
A theater, concert hall, auditorium or similar commercial
establishment which regularly features persons who appear in a state
of nudity or live performances which are characterized by the exposure
of specified anatomical areas or by specified sexual activities.
A public or private establishment, or any part thereof, which
presents any of the following entertainment, 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 motion-picture theaters; adult theaters; escort agencies; nude
model studios; and sexual encounter centers. Adult use and entertainment
establishments customarily exclude minors by reason of age.
The form(s) completed by the applicant which is provided
by the Town in satisfaction of the requirements of § 283-a
of the New York Town Law.
The use of the land for agricultural purposes, including
but not limited to dairying, 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 and must have a current agricultural exemption.
[Amended 10-15-2018 by L.L. No. 3-2018]
Any area of land designed for the operation of aircraft,
including hangars, taxiways, landing strips and accessory uses.
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:
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.
An enlargement of a building or structure, whether by extending
on a side or by increasing in height.
The moving from one location or position to another.
Any alteration whereby a structure is adapted to another or
different use.
A system of electrical conductors that transmit or receive
radio frequency signals. The frequency of these signals generally
ranges from 10 hertz to 300,000 megahertz. Such signals shall include
but not be limited to radio, television, cellular paging, personal
communications systems (PCS) and microwave communications. All antennas
used in one function shall be considered as one antenna.
Telecommunications facilities which utilize existing towers,
buildings or other structures for placement of an antenna(s) and which
do not require construction of a new tower.
A dwelling unit that is intended to be leased, rented or
owned. This shall not be deemed to include a motel, hotel, boardinghouse
or travel trailer.
A building arranged, intended or designed to provide three
or more dwelling units independent of each other but having common
or separate hallways and entrances.
All on-site operations involved in the treatment, processing
or further fabrication of soil, sand, gravel or natural deposits,
including washing, sedimentation ponds, grading, sorting, grinding,
crushing, concrete batching plants, asphalt mixing plants and aggregate
dryers.
Grounds that:
Are associated with events that have made a significant contribution
to the broad patterns of our history.
Are associated with the lives of persons significant in our
past.
Have yielded, or may be likely to yield, information important
in prehistory or history.
Are recognized through listing on either national, state, or
local registers according to the same criteria as for an historic
structure.
A prominent, or characteristic, part of a building. The following
are examples of architectural features: windows, columns, awnings,
marquees and fascias.
The extent of horizontal surface contained within the boundaries
or extremities of land or building. See also "lot area."
Only includes that area customarily open and accessible to
the public.
Any unit, vehicular in design, used as living quarters for
any human, which may be driven, towed or propelled from one location
to another without change in structure or design, whether or not the
same is supported on wheels.
A rooflike shelter, including a canopy, either rigid or of
fabric, that extends over a doorway, window or the facade of a building
in order to provide protection, as from the sun or weather. When such
awning or canopy displays lettering, a logo or pictorial material
or is illuminated, it shall be a sign.
Any visual message incorporated into an awning attached to
a building.
[Amended 10-15-2018 by L.L. No. 3-2018]
A single-family dwelling in which sleeping rooms, integral
with the residents' quarters, are rented to transient guests and service
includes meals.
Earth materials that are placed so as to create an elevated
area on any parcel of land.
A freestanding sign larger than 35 square feet in gross area,
or a wall sign covering more than 10 feet of an area to which it is
affixed.
A continuous strip of land area covered with grass, vegetation,
trees, fencing, embankments or berms and designed to provide a physical
screen diminishing 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.
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of persons, animals,
property or business activity. See also "dwelling" and "structure."
The New York State Uniform Fire Prevention and Building Code
duly adopted by the Town of Mendon.
An area of land shown on a subdivision plat or a site plan
as a suitable location for the construction of buildings and other
structures.
The length, in feet, of the side of a building adjacent to
and most nearly parallel to a street or public parking lot.
A line formed by the intersection of a horizontal plane 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. (See "structure, height of.")
A written permit issued by the Code Enforcement Officer.
The free part of a horizontal member of a structure projecting
beyond a support.
Abandonment of use as evidenced by a cessation of all substantial
business activities in furtherance of the continuation of the nonconforming
use.
A certificate issued by the Code Enforcement Officer upon
completion of the change in use of an existing building or upon the
completion of a project requiring site plan approval. Said certificate
shall acknowledge compliance with all requirements of the Town's Code
and local laws in existence as of the date of the issuance of the
certificate of compliance.
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 State
Uniform Codes and the State Energy Code.
An area of unobstructed vision at street intersections or
intersections of streets and driveways defined by lines of sight between
points at a distance of 50 feet from the intersection of street right-of-way
lines or street right-of-way lines and driveways.
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
there are not conducted 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.
An arrangement of buildings on the land in which lot size
and/or setback regulations are reduced in order to provide open space,
either natural or developed, and maintains the same density permitted
in a conventional subdivision.
A group of commercial enterprises, businesses or professional
offices in one or more buildings sharing a common parking lot, with
each enterprise having an outside public entrance.
Space reserved for use by any and all residents of a housing
development, including but not limited to halls, stairways and landings.
Towers and/or antennas and accessory structures used in connection
with the provision of cellular telephone service, personal communications
services (PCS), paging services, radio and television broadcast services
and similar broadcast services which have been defined by the courts
to be essential services and structures.
An accessory facility which serves the principal telecommunications
structure and is subordinate in area, extent and purpose to the principal
telecommunications structure and is located on the same lot as the
principal telecommunications structure. Examples of such accessory
facilities include transmission equipment, cabinets, sheds and buildings
for the storage of such facilities.
The approval of a final plat by the Planning Board, subject to conditions set forth by the Planning Board in a resolution conditionally approving such plat. Such conditional approval does not qualify a final plat for recording nor authorize issuance of building permits prior to the signing of the plat by a duly authorized officer of the Planning Board and recording of the plat in the office of the Monroe County Clerk in accordance with provisions of Chapter 226, Subdivision of Land, of the Town Code.
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.
A restriction placed upon the use of a specific portion of
land for a specific purpose. The restriction may or may not permit
public access to or across the parcel of land.
A facility which is authorized in accordance with 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.
A Comprehensive Plan for the development of Monroe County
prepared by the Monroe County Department of Planning and Development
and as may be adopted in part or in its entirety by the Monroe County
Legislature pursuant to the Monroe County Charter.
A map established by the Monroe County Legislature, pursuant
to §§ 239-g, 239-h and 239-i of the New York State
General Municipal Law.
A minor street intersecting another street at one end and
terminated at the other end by a circular vehicular turnaround.
A facility duly permitted by the State of New York for the
care of seven or more children for fewer than 24 hours each day.
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.
The official document regulating the design and construction
of all development within the Town of Mendon.
Any vehicle which the owner thereof, as established by the
surrounding circumstances, does not intend to recover the possession
of, or any vehicle of which the owner cannot be found after due and
reasonable inquiry.
To dump, deposit or throw away any item.
A portion of the territory of the Town of Mendon within which
certain uniform regulations and requirements, or various combinations
thereof, apply under the Town of Mendon Zoning Code and other Town
of Mendon local laws or regulations.
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."
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. A travel trailer
shall not be considered as a manufactured dwelling.
A building or portion thereof containing three or more dwelling
units and designed or used for occupancy by three or more families
living independently of each other.
A detached residential dwelling unit other than a mobile
home designed for and occupied exclusively by one or more persons
living as a single housekeeping unit.
A detached residential dwelling unit having the external
appearance of a single-family dwelling but in which there is located
a second dwelling unit that does not exceed 50% of the principal dwelling
unit nor more than 750 square feet.
A detached residential building, containing two dwelling
units, designed for occupancy and used exclusively by two families
independently of each other.
A dwelling or portion of a dwelling providing complete living
facilities for one family or for an individual person.
Authorization by a property owner for the use by another
person, Town, municipality or public utility district, or for any
public purpose, of any designated part of the property for a specified
purpose.
A group of contiguous commercial enterprises or businesses
or professional offices in one or more buildings which share common
public entrances, with the majority of the commercial enterprises
or businesses or professional offices fronting an interior hall, walkway
or mall.
The physical conditions that will be affected by a proposed
action, including land, air, water, minerals, flora, fauna, noise,
resources of agricultural, archaeological, historic or aesthetic significance,
existing patterns of population concentration, distribution of growth,
existing community or neighborhood character, and human health.
The form required by the Town agencies to determine the environmental
significance and to assess the potential impacts of a proposed action
on the environment. A properly completed EAF must contain enough information
to describe the proposed action, its location, its purpose and its
potential impacts on the environment.
A "public utility" which has been defined to mean "a private
business, often a monopoly, which provides services so essential to
the public interest as to enjoy certain privileges such as eminent
domain and be subject to such governmental regulation as fixing of
rates and standards of service." Characteristics of the public utility
include:
The essential nature of the services offered, which must be
taken into account when regulations seek to limit expansion of facilities
which provide the services.
Operation under a franchise, subject to some measure of public
regulation.
Logistical problems, such as the fact that the product of the
utility must be piped, wired or otherwise served to each user, the
supply must be maintained at a constant level to meet minute-by-minute
need, and the user has no alternative source and the supplier commonly
has no alternative means of delivery.
A permanent building, store or depository constructed in accordance with Chapter 241, Uniform Code Enforcement, and Chapter 260, Zoning, in which or where the person transacts business and deals in the goods, wares or commodities he peddles or solicits in the ordinary and regular course of business.
The process of the removal or stockpiling of sand, gravel,
soil (including topsoil) or other natural deposits by stripping, digging
or other means for any purpose other than for the construction of
a wall, driveway, sidewalk, building, structure or part thereof for
which a building permit has been issued, farm pond, wildlife marsh
or other farm conservation practice or for the construction of any
public utilities, at or on the same parcel of land as the parcel where
said removal takes place. All grading of lands pursuant to plans approved
by the Planning Board for site preparation, public and private site
development and site improvement shall also be excluded from this
definition, except grading that involves the proposed removal of disturbed
earth materials from the graded premises.
A parcel of land used for the purpose of extracting stone,
sand, gravel or topsoil for sale as in industrial or commercial operation.
See also "mining permit."
One or more persons related by birth, blood, marriage or
adoption living together as a single housekeeping unit in a dwelling
unit.
Any parcel of land which is used for agricultural or farming
activities. It includes necessary farm structures and the storage
of equipment used.
Markets for the sale of seasonal agricultural products principally
grown by a farmer on his/her farm operation, which could include a
number of parcels owned or leased by that farmer throughout the Town,
county or the state. The Town considers all such land, when it is
located within a county-adopted state-certified agricultural district,
as part of the farm operation.
[Added 10-15-2018 by L.L.
No. 3-2018]
See "agricultural or farming activities."
A fee that is paid for all permits issued, the amount of
which is established by resolution from time to time by the Town Board.
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.
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.
Any piece of fabric used as a symbol or signaling device
to attract attention.
The top surface of an enclosed area in a building (including
basement), i.e., top of a concrete slab construction or top of wood
flooring in wood frame construction.
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 display or sales 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.
The sum of the gross horizontal areas of all floors of a
building or buildings, measured from the outside faces of exterior
walls or from the center line of walls separating two uses.
The horizontal area of all floors of a building designed
and intended for living purposes, which includes working, sleeping,
eating, cooking or recreation or a combination thereof. A floor used
only for storage purposes is not a habitable floor. All dimensions
shall be measured from the outside faces of exterior walls or from
the center line of the base of walls separating two dwelling units.
A sign supported by one or more upright poles, columns or
braces (including sandwich signs) placed in or on the ground and not
attached to any building or structure (including an A-frame sign).
A lamp and fixture assembly designed with a cutoff angle
of 90°, so that no direct light is emitted above a horizontal
plane.
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.
All animal and vegetable waste materials, such as but not
limited to waste materials from residences, kitchens, grocery stores,
butcher shops and restaurants, and all other deleterious substances.
The maximum horizontal area of a building at the ground level.
The minimum ground floor area refers to the principal residence within
the limits of the principal foundation walls, excluding all accessory
buildings, private garages, porches, patios or other accessory structures.
Includes, unless otherwise herein provided, any person who
engages in merchandising any goods, wares, commodities, books, periodicals
or services or solicits contributions of goods or moneys by going
from house to house, place of business to place of business or hawking
in any public street or public place or by temporarily occupying a
room, building or other premises therefor.
Waste materials that are toxic or poisonous, corrosive, irritating
or sensitizing, radioactive, biologically infectious or explosive
and/or that present a significant hazard to human health and/or to
the environment.
In all cases, the distance measured from the top of the sign
to the ground directly under the sign.
The grounds upon which an historic structure resides or which
are associated with an historic structure and recognized through listing
on either national, state, or local registers according to the same
criteria as for an historic structure.
A nonresidential use clearly subordinate to the permitted
principal residential use of the premises.
Any home occupation that is not a minor home occupation.
Any home occupation that:
Involves no person other than persons residing on the premises.
Shows no visible evidence (including signage) from the exterior
of the dwelling unit or accessory structure used in conducting the
occupation.
Generates no additional traffic and no need for off-street parking
beyond the customary needs of the occupants of the dwelling unit.
Uses no equipment which would not customarily be used by the
occupants of the dwelling unit.
Is conducted entirely inside the principal dwelling unit or
other accessory structure on the premises.
Involves:
No retail sales where the public visits the premises to purchase;
No exterior display or storage of goods, materials, equipment,
or inventory;
No other activities requiring a permit;
No noise other than that which is customarily generated by the
occupants of the dwelling unit;
No vehicles larger than a four-wheel truck and/or a four-wheel
trailer; and
The lesser of 15% or 350 square feet of gross floor area of
the principal dwelling unit.
Any sign identifying an occupation conducted in a dwelling
unit or in a structure that is accessory to a dwelling unit as referenced
in the Mendon Zoning Code.
See "motel."
Any sign illuminated by electricity, gas or other artificial
light either from the interior or exterior of the sign and including
signs which use reflective and phosphorescent materials.
Indoor facilities include but are not limited to swimming
pools, health clubs, gymnasiums, ice rinks, shooting ranges, bowling
alleys and court sports such as tennis, racquetball, squash, handball,
etc., wherein the entire activity except for parking is conducted
within a structure.
Equipment, instruments and utensils, as well as substances
that may harbor or transmit pathogenic organisms that have been in
contact with persons having a communicable disease, or laboratory
wastes, as well as specimens and disposable materials from medical
facilities.
Includes scrap metals and their alloys, bones, used materials
and products, such as rags and cloth, rubber, rope, tin foil, bottles,
old tools and machinery, 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.
Any vehicle in such condition as to cost more to repair and
place the same in operating condition than the reasonable market value
before such repair.
Any premises on which four or more dogs, three months old
or older, are bred or harbored.
Space logically and conveniently located for public pickups
and deliveries, scaled to delivery vehicles expected to be used and
accessible to such vehicles.
A room rented as sleeping and living quarters, but without
cooking facilities, with or without an individual bathroom.
Any picture, shape or drawing, with or without letters or
words, used to identify a product, service or business or organization.
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.
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.
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.
An approved lot having less lot width than otherwise normally
required for the zoned district, but in no instance less than 100
feet in lot width, that provides access to the interior portion of
the flag lot which contains the minimum lot area requirements for
said district. The access portion of the flag lot shall not be considered
buildable and may not be used in calculation of the minimum lot area
requirements for the zoned district.
The panhandle portion of a flag lot that provides an access
corridor between a road, street or highway right-of-way to the interior
portion of a flag lot consistent with the New York State Town Law.
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.
The line separating the lot from the boundary of the highway
or right-of-way upon which the lot abuts.
The lot line opposite and most distant from the front lot
line.
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."
A lot which is not a corner lot and which has frontage on
two streets.
The horizontal distance across the lot between side lot lines
at the street line.
The selling, bartering or trading of, or offering to sell,
barter or trade, any goods, wares, commodities or services.
A person under 18 years of age.
A portable unit designed and built to be towed on its own
chassis, comprised of frame and wheels, connected to utilities and
designed without a permanent foundation for year-round living. A unit
may contain parts that may be folded, collapsed or telescoped when
being towed and expanded later to provide additional cubic capacity,
as well as two or more separately towable components designed to be
joined into one integral unit capable of again being separated into
the components for repeated towing. Such definition does not include
travel trailers, motorized homes, pickup coaches and camping trailers.
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.
A building and/or premises where gasoline, oil, grease, batteries,
tires and automobile accessories may be supplied and dispensed at
retail and where, in addition, the following services may be rendered
and sales made, and no other:
Sales and servicing of spark plugs, distributors and distributor
parts.
Tire servicing and repair, but not recapping or regrooving.
Replacement of mufflers and tailpipes, water hoses, fan belts,
brake fluids, light bulbs, fuses, floor mats, seat covers, windshield
wiper blades, grease retainers, wheel bearings, mirrors and the like.
Radiator cleaning and flushing.
Washing and polishing and the sale of automotive washing and
polishing materials.
Greasing and lubrication.
Replacing or repairing of carburetors, fuel pumps, oil pumps
and lines.
Emergency wiring repairs.
Adjusting and repairing brakes.
Minor motor adjustments not involving removal of the head or
crankcase or racing the motor.
Sale of cold drinks, packaged foods, tobacco and similar convenience
goods for the service station's customers as accessory and incidental
to the principal operation.
Provision of road maps and other informational material to customers;
provision of rest room facilities.
All normal residential or commercial waste materials generated
within the Town of Mendon.
A vertical control used as a reference for establishing varying
elevations within the floodplain.
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.
Any building or structure existing at the date of enactment
of the Town of Mendon's Zoning Code, local laws or regulations, or
any amendment thereto, which in its design or location upon a lot
does not conform to the new regulations for the district in which
it is located.
[Amended 10-15-2018 by L.L. No. 3-2018]
A lot of record existing at the date of the enactment of
the Town of Mendon's Zoning Code, local laws or regulations, or any
amendment thereto, which does not have the minimum width, depth and
area required by the new regulations for the district in which it
is located.
[Amended 10-15-2018 by L.L. No. 3-2018]
Any use of land, buildings or structures lawfully existing
on the date of enactment of the Town of Mendon's Zoning Code, local
laws or regulations, or any amendment thereto, which does not conform
to the use regulations of the district in which it is situated.
[Amended 10-15-2018 by L.L. No. 3-2018]
A notice issued by the Code Enforcement Officer advising
the owner or occupant of a premises upon which there is an indication
of a violation of any provision of this Code. A notice of violation
shall specify the condition violating the Code, the section violated,
the remedial steps required to abate the violation and the time in
which said steps shall be taken.
A group of contiguous or separate business offices in one
or more buildings sharing a common parking lot, with each business
office having an outside entrance.
Any sign that is not located on the premises or property
of the business being advertised.
A sign relating in its subject matter to the premises on
which it is located or to products, accommodations, services or activities
on the premises.
Any fire wherein the products of combustion are emitted into
the open air and are not directed through a stack or chimney or an
approved incinerator.
Area unoccupied by any building, structure or parking area,
whether paved or unpaved.
A person who shall maintain, or supervise the use of, any
parcel of land.
Any equipment, device or apparatus, or any part thereof,
which is installed, affixed or situated outdoors for the primary purpose
of combustion of fuel to produce heat or energy used as a component
of a heating system providing heat for any interior space.
Outdoor facilities include, but are not limited to, individual
sports such as golf, tennis, swimming, shooting and horseback riding
which take place primarily out-of-doors. Also included would be team
sports requiring use of playing fields or outdoor ice rinks. Internal
combustion engine based activities or sports shall not be included
or permitted. Outdoor facilities may contain accessory structures
wherein the same sports are played.
Soil and all other natural material, other than vegetation,
overlying the material to be excavated.
Any person, firm, corporation or association having the property
in or title to a vehicle, including a person entitled to the use and
possession of a vehicle subject to a security interest in another
person and including any lessee or bailee of a vehicle having the
use thereof under lease or otherwise.
Land identified by a legal description and tax account number
which is filed or proposed to be filed in the Monroe County Clerk's
office.
A space adequate for parking an automobile and having an
area of not less than 162 square feet per vehicle, exclusive of passageways
and driveways appurtenant thereto.
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 Mendon Code and the Town of Mendon design criteria.
This may be supported with written information where necessary for
clarification.
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.
An integrated and coordinated development of various land uses developed in accordance with the regulations prescribed under the provisions Chapter 260, Zoning, of the Town Code.
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.
An informal plan, drawn to scale, indicating salient existing
features of a tract and its surroundings and the general layout of
the proposed subdivision or site.
A drawing prepared in a manner prescribed by Chapter 226, Subdivision of Land, of the Town Code for filing in the office of the County Clerk that shows a proposed subdivision, containing in such additional detail as required to be shown on a preliminary plan and the modifications, if any, required by the Planning Board at the time of approval of the preliminary plan.
[Amended 10-15-2018 by L.L. No. 3-2018]
Any sign not permanently affixed to the ground or to a building,
including any sign attached to or displayed on wheels or on a vehicle
that is used for the express purpose of advertising a business establishment,
product, service or entertainment when that vehicle is so parked as
to attract the attention of motoring or pedestrian traffic.
All parcels of real property privately or publicly owned,
situated in the Town of Mendon, outside the Village of Honeoye Falls,
whether occupied or vacant.
A building in which is conducted the main or principal use
of the lot on which said building is located.
The main or primary purpose for which a building, structure
or lot is to be used.
Include but are not limited to the following services: architect,
landscape architect, doctor, dentist, insurance agency, lawyer, engineer,
accountant and realtor.
A sign that is affixed to a building or other structure and
that has its furthest edge extending more than six inches beyond the
surface to which it is affixed.
Any one or more of the following uses, including grounds
and accessory buildings necessary for their use:
Churches, places of worship, parish houses and convents.
Public parks, playgrounds and recreational areas when authorized
or operated by a governmental authority.
Nursery schools, elementary schools, secondary schools, colleges
or universities having a curriculum approved by the Board of Regents
of the State of New York.
Public libraries and museums.
Fire, ambulance and public safety buildings.
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.
Membership corporations established for cultural, social or
recreational purposes.
Day-care centers and nursery schools approved by the New York
State Department of Social Services.
Any right-of-way open to the public for vehicular or pedestrian
access.
Any sign which is used to offer real property for sale, lease
or rent.
Drawings which reflect actual site development submitted
upon completion of subdivision or site plan approval(s) and prior
to dedication.
All putrescible and nonputrescible wastes, including but
not limited to garbage, trash, rubbish and similar used, discarded
or waste materials that are in a solid state, except human waste,
and shall include but not be limited to construction and demolition
debris.
A business establishment, or an area within a business establishment,
specializing in the preparation of food items in individual or multiple-serving
portions which are intended for on-premises, take-out or delivered
consumption by customers without the necessity of preparation by the
customer. Included in this definition are full-service restaurants,
pizzerias, cafes, coffee shops, donut shops, bagel shops, ice cream
shops, fast-food restaurants, take-out restaurants, delivery restaurants,
buffet-style restaurants, cafeterias and similar establishments having
14 or more seats. Specialty food stores may also be included in this
definition if a determination is made that a substantial portion of
their business is generated from individual portion sales.
The reparation, to an environmentally acceptable natural
state, of an area which has undergone physical change due to excavation
and related activities.
A change in a map of an approved or filed subdivision plat
if such change affects any street layout shown on such map or area
reserved thereon for public use, or any change of a lot line.
The line, present or proposed, which is the joint boundary
line between a lot and the street or highway right-of-way.
A disposal area conducted in compliance with the regulations
prescribed in the Town Code.
Buildings and premises where gasoline, oil, grease, batteries,
tires and/or automobile accessories may be supplied and dispensed
at retail.
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."
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.
The minimum extent of unobstructed vision along a street
as defined by AASHTO and NYSDOT.
An announcement sign which makes provision for changing letters
and other copy. As copy identifying the name, address and location
of a business does not routinely need to be changed, a changeable-copy
sign will generally be a business advertising sign as well.
A sign that directs attention to the location of a local
service or place of business.
The surface of the sign having a single continuous perimeter
enclosing all elements which form an integral part of the sign.
A sign supported by a pole, uprights or braces which are
placed in or on the ground.
A measure of the distance from the edge of a sign nearest
the ground to the edge furthest from the adjacent ground.
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, Zoning Board of Appeals, or Town
Board.
The use of land where a series of one or more devices or
structures is constructed or installed, the purpose of which is to
generate photovoltaic power in whole or in part for off-site sale
or consumption.
[Added 5-8-2017 by L.L.
No. 1-2017]
A use listed as a special permitted use in a zoning district.
A special use requires application made in accordance with procedures
and specifications set forth in the Town of Mendon Zoning Code. The
term does not include use variances.
A permit issued by the Planning Board for a use of land listed as a special permitted use in each of the respective zoning districts and based upon the criteria for granting special use permits set forth in Chapter 260, Zoning. The term "special use permit" replaces the term "conditional use permit."
Any of the following:
A building in which any horses are kept for remuneration,
hire or sale.
That portion of a building included between the surface of
the floor and the ceiling next above it, having a vertical distance
of at least seven feet five inches along the studs forming each exterior
wall. The first story is the lowest story with 75% or more above the
average level of ground adjacent to said building.
A strip of land, including the entire right-of-way, intended
for use as a means of vehicular and pedestrian circulation. The term
also includes highways and roads. Classes of streets are as follows:
COLLECTOR STREETSThose which, in addition to giving access to abutting properties, intercept minor streets and provide routes, carrying considerable volumes of traffic, to community facilities and to major traffic streets, and include streets classified as secondary streets in the Comprehensive Plan and the Transportation Master Plan.
MAJOR TRAFFIC STREETSThose streets classified by the New York State Department of Transportation as serving large volumes of comparatively high-speed and long-distance traffic. The term includes streets classified as principal and minor arterials, major and minor collectors as delineated in Chapter 2 and on Figure 2-7 in the Town of Mendon Comprehensive Plan and in the Town of Mendon Transportation Master Plan.
MINOR STREETSThose streets classified as local streets in Chapter 2 and on Figure 2-7 in the Town of Mendon Comprehensive Plan and in the Town of Mendon Transportation Master Plan which are used primarily to provide access to abutting property.
MARGINAL ACCESS STREETSMinor streets, parallel and adjacent to major traffic streets, providing access to abutting properties and control of intersections with the major traffic streets.
PUBLIC STREETA street dedicated to public use.
RESIDENTIAL STREETA street between two intersecting streets upon which an R District abuts or where 50% or more of the abutting street frontage is in predominantly residential use.
The 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.
The line separating a lot from a street.
A linear, contiguous grouping of buildings with businesses,
each having a separate entrance and sharing the same parking lot.
Anything constructed or erected which requires temporary
or permanent support or attachment to the ground, beneath the ground
or to something having permanent location on the ground, including
gasoline and oil tanks, buildings, docks, mobile homes, fences, signs,
billboards, swimming pools, towers, antennas and satellite TV dishes.
It also means a walled and roofed building, including a gas or liquid
storage tank, that is principally above the ground, as well as a manufactured
home.
The vertical distance measured from the average grade level
to the highest point.
The owner, or authorized agent of the owner, of a subdivision.
The division of any parcel of land into two or more lots
along an existing street, highway, easement or right-of-way or any
proposed subdivision of land along a proposed street or highway for
sale or for rent as residential, commercial or industrial lots or
building lots and which are described by metes and bounds or by reference
to a map or survey of the property or by any other method of description.
Drawings prepared in accordance with Chapter 226, Subdivision of Land, of the Mendon Town Code showing definitively a proposed subdivision of a tract of land and plans for related improvements.
Any man-made body of water or receptacle for water, except
farm or agricultural ponds, which has a capability of a depth of more
than two feet at a point, used or intended to be used for swimming,
bathing or wading and installed or constructed above or below the
ground.
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.
The layer of surface material which is composed of particles
not larger than two inches in diameter, of which not less than 90%
will pass a No. 4 sieve, and not less than 25% nor more than 75% will
pass a No. 200 sieve, which contains not less than 3% nor more than
20% organic material, which has an acidity range of 5.5 pH to 7.6
pH and which is capable of nurturing ornamental plants.
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, including
but not limited to broadcast, shortwave, citizens band, FM or television
signals or wind-driven devices such as windmills or wind speed and/or
direction indicators.
A Comprehensive Plan prepared for the residents of the Town
of Mendon and adopted by Town Board resolution in accordance with
the provisions of § 272-a of the New York Town Law. The
term also includes master plans, which are functional plans prepared
on one or more elements of the Comprehensive Plan (i.e., Hamlet Master
Plan, Utilities Master Plan, etc.) and adopted by Town Board resolution
as formal amendments to the Comprehensive Plan.
An independent single-family dwelling unit which is one of
a series of dwelling units, having a common party wall between each
adjacent unit, each with a private outside entrance.
A building, or group of buildings, with each building containing
not more than eight townhouse dwelling units connected by common party
walls.
A tract of land adequately sized to accommodate the construction of townhouse dwelling units in accordance with the density standards contained in Chapter 260, Zoning, of the Mendon Town Code.
[Amended 10-15-2018 by L.L. No. 3-2018]
An area where the ground cover has been reduced, denuded
or paved as a consequence of, or for the purpose of, motorized off-road
vehicle use.
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.
Rubbish, such as feathers, coffee grounds, ashes, tin cans,
paper, glass, wood, leaves, yard clippings, tree trimmings and similar
materials.
The New York State Uniform Fire Prevention and Building Code.
Any vehicle which may be licensed or registered with the
State of New York and is not currently registered. The fact that a
vehicle which may be licensed or registered with the State of New
York does not display a current license plate or displays an expired
registration shall be presumptive evidence of the fact that such motor
vehicle is not currently licensed or registered. Seasonal motor vehicles
having a license plate or registration sticker that expired less than
six months previously shall not be considered unlicensed.
An authorization by the Zoning Board of Appeals for the construction
or maintenance of a building or structure, or the establishment or
maintenance of a use of land which is otherwise prohibited by the
Town Code.
A variance not involving a use prohibited by the Town Zoning
Code or ordinance. Area variances involve matters such as setback
lines, frontage requirements, lot size restrictions, density regulations,
yard requirements and sign sizes.
A variance which permits a use of land otherwise prohibited
or proscribed by the Town Zoning Code or ordinance.
Every motor vehicle or other conveyance originally designed
and intended to be operated, drawn or driven or capable of being operated,
drawn or driven upon a public highway by any power other than muscular
power, together with all conveyances popularly referred to as "snowmobiles,"
"all-terrain vehicles" and "jitneys," as well as any other substantially
rebuilt, modified or altered motor vehicles. For the purpose of this
Code, the term "motor vehicle" shall include but not be limited to
automobiles, trucks, buses, motorcycles and trailers. Vehicles operated
solely for farming purposes are excluded.
An establishment for the veterinary care of small domestic
animals, specifically excluding hoofed animals, which is operated
by a licensed veterinarian with boarding only as required and incidental
to the care of such animals.
Constitutes any material temporarily or permanently discarded,
or unwarranted, and not stored in a verminproof, sealed enclosure
or structure for subsequent disposal.
A 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 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.
A yard extending between the side lot lines across the front
of a lot which runs parallel with the adjoining public street. The
front yard of a flag lot includes only the interior or buildable portion
of the lot and does not include the portion of the lot which provides
access to a public street. (See "lot, flag.") The front yard does
not include the driveway. Where a lot abuts more than one dedicated
street, the front yard shall be determined by the address.
A yard extending between the side lot lines situated between
the rear line of the building and the rear lot line.
A temporary retail sale conducted in the yard, garage or
driveway of a residence by the resident.
A yard extending between the side building line and the nearest
side lot line; situated between the front and rear yards.
The classification of lands as established in Chapter 260, Zoning, of the Town Code.
[1]
Editor's Note: The following definitions were deleted from
this section 10-15-2018 by L.L. No. 3-2018: anchor tenant; attention-getting
device; building, principal; general equipment rental; laundry, self-service;
lot, corner; motor vehicle; preliminary plat; reservation for highway
purposes; sign compliance certificate; sign, freestanding; sketch
plan.
The definitions in the following chapters of the Code of the
Town of Mendon shall remain in force and effect:
|
Chapter Number
|
Title
|
|---|---|
|
Part II, Administrative Legislation
| |
|
12 and following
| |
|
Part III, General Legislation
| |
|
105
|
Animals
|
|
113
|
Bingo and Games of Chance
|
|
117
|
Buildings, Unsafe
|
|
121
|
Burning, Outdoor
|
|
134
|
Electrical Inspections
|
|
138
|
Environmental Protection Overlay Districts
|
|
146
|
Fire Alarm Systems
|
|
150
|
Freshwater Wetlands
|
|
159
|
Historic Areas, Preservation of
|
|
184
|
Noise
|
|
200
|
Records
|
|
206, Art. I
|
Storm Sewers
|
|
208[1]
|
Short-Term Rentals
|
|
212
|
Solid Waste
|
|
217
|
Stormwater Management
|
|
222
|
Streets and Sidewalks
|
|
230
|
Taxation
|
|
241
|
Uniform Code Enforcement
|
|
247, Art. II
|
Overnight Parking
|
[1]
Editor's Note: Added pursuant to L.L. No. 1-2023, adopted
6-12-2023.
