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Town of Wilna, NY
Jefferson County
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A. 
Except where specifically defined herein, all words used in this chapter shall carry their customary meaning. When used in this chapter, words in the present tense include the future and words of one gender include all genders. The singular number includes the plural and the plural includes the singular. The term "shall" is intended to be mandatory. Whenever a word or term is defined to "include" certain items or matters, such inclusion is intended to be by way of specification, not of limitation. If interpretation or clarification of any word used in this chapter is needed it shall be provided by the Zoning Board of Appeals in accordance with such powers granted to them.
B. 
The Board of Appeals shall clarify doubt as to the precise meaning of any word used in this chapter under their powers of interpretation.
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY BUILDING, USE, OR STRUCTURE
A building, use, or structure which is customarily incidental to that of a principal building or use and which is located on the same lot as that occupied by the principal building or use.
ADULT ENTERTAINMENT USE
Any person, establishment or business involved primarily in the viewing or dissemination or material distinguished or characterized by an emphasis on matter depicting, describing or relating to a specific sexual activity or anatomical area(s).
ADVERSE NOISE IMPACTS
A sound level condition that creates, imposes, aggravates or leads to inadequate, impractical, or unsafe conditions on a site proposed for development.
[Added 12-9-2019 by L.L. No. 2-2019]
AGRICULTURAL OPERATION
The raising and/or production for compensation of crops, livestock, poultry, dairy products, fish or other wildlife, trees, maple syrup products, and other similar pursuits. Tree growing operations; and the sale, at wholesale or retail, of farm products upon the premises where the same are grown or produced shall be considered agricultural operations.
ALTER/ALTERATION
To change or rearrange any exterior structural part of the existing facilities of a building or structure, by enlarging the building or structure, whether by extending any side or increasing the height thereof, or to move the same from one location or position to another. It shall not be considered an alteration if there is no expansion of exterior dimensions. For instance, replacement of windows, doors, siding, roofing, etc., as well as interior alterations shall not be considered an alteration for the purpose of this chapter.
ALTERATION OF LAND SURFACE
The grading, filling or excavation of land in connection with a site plan review use.
AMBIENT NOISE
Any continual or intermittent sound rated at or above 40-45 DbA.
[Added 12-9-2019 by L.L. No. 2-2019]
AMBIENT SOUND
The average level of undifferentiated background sound perceived in an area at any given time exclusive of any distinguishable extraneous sounds or noises. Statistically, the long-term residual ambient sound level for an area is expressed as the L90 value, i.e., the level that is exceeded 90% of the time.
[Added 12-9-2019 by L.L. No. 2-2019]
ANATOMICAL AREA(S)
For the purpose of this chapter, anatomical areas shall include:
A. 
Less than the completely and opaquely covered genitals, pubic region or female breast below a point immediately above the top of the areola.
B. 
Human male genitals in a discernibly turgid state even if completely covered.
ANIMAL HOSPITAL
Any lot or building used to provide veterinary services, including the care, feeding and housing of animals.
AUTOMOBILE SERVICE STATIONS
Any lot or building or portion thereof used or occupied for the sale or supply of gasoline or motor vehicle fuels, oils or lubricants, or for the polishing, greasing, washing and routine service and maintenance of motor vehicles.
BOARD OF APPEALS
See "Zoning Board of Appeals."
BOARDING/ROOMING HOUSE
Any building or portion thereof which provides individual rooms intended for occupancy on either short-term or long-term basis. Includes boardinghouses, rooming houses and tourist homes. Does not include mobile homes, camps or cottages.
BUILDING
Any structure having a roof supported by columns or by walls which is used or occupied for the shelter or enclosure of animals, persons, or property. Unless specified, the term includes both principal and accessory buildings.
BUILDING AREA
The total area, taken on a horizontal plane at main grade level, occupied or to be occupied by the principal building and all necessary buildings, excluding chimneys, uncovered porches, patios, terraces, steps, and open areaways.
BUILDING-INTEGRATED PHOTOVOLTAIC SYSTEM
A combination of solar panels and solar energy equipment integrated into any building envelope system such as vertical facades, semitransparent skylight systems, roofing materials, or shading over windows, which produce electricity for on-site consumption.
[Added 12-9-2019 by L.L. No. 2-2019]
BUILDING LINE
The line formed by the face of the building/structure, or the attached part of the building/structure, nearest the lot line. This shall include measurements from such structures as chimneys, uncovered patios, terraces, steps, and open areaways roof overhangs, cornices, eaves and other similar protrusions.
BUILDING PERMIT
See "zoning permit."
CAMP/COTTAGE
A single structure with accommodations for living and sleeping, designed for seasonal occupancy, having a minimum area of 200 square feet. The term does not include trailer camps.
CAMPGROUNDS (COMMERCIAL)
Any lot or area used or occupied by one or more tents, cottages, cabins, recreation trailers or vehicles which are used for part-time living or sleeping purposes and for which rents or occupancy fees are charged.
CERTIFICATE OF COMPLIANCE
A document issued by the proper municipal authority certifying that the structure or use has been constructed or will be used in compliance with all the applicable local laws.
CHANGE OF USE
Any use that substantially differs from the previous use of a building or land. Uses covered under the same definition shall not be considered a change of use.
CHURCH
A building or structure, or group of buildings or structures which by design and construction are primarily intended for the conducting of organized religious services and accessory uses associated therewith.
COMMERCIAL ENTERPRISE
The activity of providing goods and services involving financial and commercial and industrial aspects whether for profit or not.
[Added 12-10-2012 by L.L. No. 5-2012]
COMMERCIAL WIND ENERGY CONVERSION SYSTEM (WECS)
A commercial machine with a generating capacity equal to or greater than 500 kW that converts the kinetic energy of wind into electricity (also called a "wind turbine").
[Added 12-9-2019 by L.L. No. 2-2019]
COMMUNITY FACILITY
A building, structure or use operated for the benefit of the general well-being, health, safety, welfare, and enjoyment of the public. This includes, but is not limited to, fire stations, libraries, and community-owned buildings, schools, hospitals, and nursing homes.
DWELLING
A building or portion thereof, used or occupied as living quarters for one or more families. The term includes modular homes, but does not include tourist accommodations, trailers or manufactured homes, halfway houses, convalescent homes, or nursing homes.
[Amended 10-9-2006 by L.L. No. 2-2006]
A. 
DWELLING, MULTIPLE-FAMILYA building or portion thereof used or designed as a residence, including cooking, sanitary, living or sleeping facilities for each of the three or more families who reside therein.
B. 
DWELLING, SINGLE-FAMILYA detached building designated for or occupied exclusively by one family and containing not more than one dwelling unit. It shall have at least 720 square feet of interior floor area, exclusive of garages, porches, attics, basements, and other similar accessory attachments.
C. 
DWELLING, TWO-FAMILYA detached building where not more than two individual families live, or where two dwelling units with separate cooking, sanitary, living and sleeping facilities exist.
EASEMENT
A grant of one or more of the property rights by the owner to and/or for the use by the public, a corporation or another person or entity.
ENFORCEMENT OFFICER
The Enforcement Officer is the person appointed by the Town Board to carry out the regulations of this chapter.
ERECT
To construct, build, or re-erect, reconstruct, rebuild or excavate for a building or structure.
FAMILY
One or more persons living together as a single housekeeping unit.
FENCE
See "wall."
FLAG LOT
A lot characterized by its distinctive shape: narrow frontage on road connected by a narrow strip (the flag pole) for access to the major buildable portion of the lot; on a map, the individual lot generally looks like a flag on a pole. Flag lots can serve to open the interior of large parcels while minimizing strip development in the road frontage.
[Added 5-11-2009 by L.L. No. 1-2009]
FLOOR AREA/FLOOR SPACE
The total horizontal area of all floors of a building, except the basement and attic, measured along the faces of the interior walls.
FUEL STORAGE AND SUPPLY
Any lot, building or portion thereof used or occupied for the sale, distribution and/or storage of fuels and/or petroleum products.
GASOLINE SERVICE STATION
See "automobile service stations."
GEOTHERMAL CLOSED-LOOP SYSTEM
Closed-loop systems use a ground loop (typically made of polyethylene or PVC piping) that circulates water or antifreeze to exchange heat with the ground or a groundwater source. For closed-loop residential and smaller commercial systems, horizontal "slinky" configurations are often used. Vertical configurations, which can have column wells of up to 400 feet deep, are often used for large commercial systems. Closed-loop systems can also be submerged in bodies of water.
[Added 12-9-2019 by L.L. No. 2-2019]
GEOTHERMAL ENERGY SYSTEMS
A system of ground-source heat pumps that can also be designed as direct exchange systems, which circulate a refrigerant through a copper pipe instead of a typical ground loop. Direct exchange systems are highly efficient at heat extraction and rejection.
[Added 12-9-2019 by L.L. No. 2-2019]
GEOTHERMAL OPEN-LOOP SYSTEM
Open-loop systems circulate water for heat extraction and rejection directly from local groundwater sources. This can reduce the installed cost due to less piping and enhance system efficiency due to improved heat transfer.
[Added 12-9-2019 by L.L. No. 2-2019]
GLARE
The effect by reflections of light with intensity sufficient as determined in a commercially reasonable manner to cause annoyance, discomfort, or loss in visual performance and visibility in any material respects.
[Added 12-9-2019 by L.L. No. 2-2019]
GROSS FLOOR AREA (GFA)
The gross size of the total floor area of the outside dimensions of a building. These dimensions shall include the length and width of the facility.
GROSS LEASABLE AREA (GLA)
The gross size of the floor area of a commercial/retail facility which is leasable.
GROUND-MOUNTED SOLAR ENERGY SYSTEM
A solar energy system that is anchored to the ground via a pole or other mounting system, detached from any other structure that generates electricity for on-site or off-site consumption.
[Added 12-9-2019 by L.L. No. 2-2019]
HAZARDOUS MATERIALS
Any substances, chemical wastes, or radioactive materials that could cause serious injury or disease during the storage, collection and disposal cycle, including, but not limited to, explosives, inflammables, poisons, solvents, acids, radioactive materials, by-products of coal, coke, petroleum, natural gas, and dangerous chemicals or combinations of chemicals.
[Amended 2-14-2011 by L.L. No. 1-2011]
HEIGHT
The vertical distance measured from the average elevation of the main grade at the front of the building/structure to the highest point of the building/structure.
HOME OCCUPATION
Any accessory use of a service character customarily conducted within a dwelling by the resident thereof which is clearly secondary to the use of the dwelling for living purposes and does not substantially change the residential character of the dwelling or have any exterior evidence of such use, other than an approved advertising sign and parking requirements associated therewith. Occupations such as physician, dentist, lawyer, insurance sales, beauty salons, barber shop, convalescent homes, musical instructor, dressmaker, real estate sales, furniture refinishing and upholstering, antique sales, and other similar service uses conducted within the dwelling shall be deemed to be home occupations.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
HOSPITALS
Any hospital, sanitarium or other institution used or occupied for the care of persons mentally or physically ill, incapacitated or disabled. The term includes nursing and extended care homes.
HOTEL
A building which has a common entrance, and general dining room and contains two or more living and sleeping rooms designed to be occupied by individuals or groups of individuals for short or extended periods of time.
IMPERVIOUS SURFACES
Surfaces which do not absorb water. They consist of all buildings, parking areas, driveways, roads, sidewalks, and any areas of concrete or asphalt.
[Added 2-14-2011 by L.L. No. 1-2011]
JUNKYARD
Any lot, land or structure, or part thereof, used primarily for the collecting, storage and sale of wastepaper, rags, scrap metal or other scrap or discarded material or for the collection, dismantling, storage of machinery or inoperative and/or unregistered motor vehicles or for the sale of parts thereof.
LANDFILL
An area or lot designated or used for the disposal of waste matter as defined in this chapter and under State Environmental Conservation Law. The regulations and manner of disposal are identified in said state law and shall be a part of this chapter.
LANDSCAPING
Improvements to land, including, but not limited to, the contouring of land, planting of flowers, shrubs, or trees, the use of decorative features, including sculptures, patterned walks, fountains and ponds.
LARGE-SCALE SOLAR ENERGY SYSTEM
A solar energy system that is ground-mounted and produces energy primarily for off-site sale or consumption which produces a rated power of more than 10 or 25 kilowatts (kW) per hour of energy.
[Added 12-9-2019 by L.L. No. 2-2019]
LOT
A parcel of land used or occupied, or capable of being used or occupied, by a building or structure and the accessory buildings, structures or uses customarily incidental to it, including such yards as are required by this chapter.
LOT LINE
Any line dividing one lot from another or from the street or waterway.
A. 
LOT LINE, FRONTThe lot line adjoining any street/highway line or any waterway. If a lot adjoins two or more streets or highways, it shall be deemed to have a front lot line respectively on each.
B. 
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
C. 
LOT LINE, SIDEAny lot line other than the front or rear lot lines.
LOT WIDTH
The horizontal distance between the side lot lines measured at the front lot line.
LOT OF RECORD
Any lot which has been recorded in the County Clerk's Office prior to the adoption of the Town of Wilna Zoning Law.
[Amended 1-11-2010 by L.L. No. 1-2010]
LOT, CORNER
A parcel of land at the junction of and fronting on two or more intersecting streets.
LOT, DEPTH
The mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lots lines.
MAIN TRANSPORTATION ARTERIAL (MTA)
A road or portion of a road having local or regional significance as a transportation route and which generally serves greater volumes of traffic, at higher speeds, and over greater distances than tributary roads.
MANUFACTURED HOME
A structure transportable in one or more sections that, in the traveling mode, is eight feet (2,438 mm) or more in width or 40 feet (12,192 mm) or more in length or when erected on a site is 322 square feet (29.7 square meters) minimum and was built on or after June 15, 1976, on a permanent chassis and designed to be used as a dwelling with or without permanent foundation when connected to the required utilities and it includes the plumbing, heating and air-conditioning, electrical systems contained therein. The term "manufactured home" shall also include any structure that meets all of the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Federal Department of Housing and Urban Development in compliance with the standards established under the National Manufactured Housing Construction and Safety Act of 1974 as amended. The term "manufactured home" shall not include any self propelled recreational vehicle.
[Amended 10-9-2006 by L.L. No. 2-2006; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
MANUFACTURED HOME PARK
Any lot under single ownership on which five or more manufactured homes are located, regardless of whether or not rent is charged for those lot accommodations.
[Added 10-9-2006 by L.L. No. 2-2006]
MANUFACTURING OPERATION
Any facility which assembles, fabricates, processes, or packages products, from raw materials or component parts, for sale and distribution to wholesale and retail establishments or other industries. Does not include operations involving hazardous materials.
MANUFACTURING OPERATIONS INVOLVING HAZARDOUS MATERIAL
Any facility which assembles, fabricates, processes or packages products from raw materials or component parts which are hazardous materials, as defined in this chapter, or the by-product and wastes from these processes are hazardous materials.
MOBILE HOME
A movable, portable dwelling unit that was built prior to June 15, 1976, and designed and constructed to be towed on its own chassis composed of frame and wheels connected to utilities and designed and constructed without a permanent foundation for year-round living, excluding travel trailers with the HUD sealed manufactured homes.[1]
[Amended 10-10-2005 by L.L. No. 5-2005; 10-9-2006 by L.L. No. 2-2006]
MODULAR HOME
A structure designed primarily for residential occupancy and constructed by a method or system of construction whereby the structure or its components are wholly or in substantial part manufactured in manufacturing facilities or intended or designed for permanent installation assembly and permanent installation.
[Amended 10-10-2005 by L.L. No. 5-2005; 10-9-2006 by L.L. No. 2-2006]
MOTEL
A building or groups of buildings, whether detached or in connected units, used as individual sleeping or living quarters with direct outside access and related office, with or without restaurant facilities, designed primarily for transient automobile travelers, and provided with accessory parking facilities. Includes groups of camps or cottages.
MOTOR VEHICLE
Any vehicle or apparatus capable of operating under motorized power.
MOTOR VEHICLE EQUIPMENT AND IMPLEMENT SALES
Businesses which sell, rent and service motor vehicles, recreational vehicles, farm or construction components and equipment, manufactured homes and/or similar types of vehicles and/or equipment.
[Amended 10-9-2006 by L.L. No. 2-2006]
MOTOR VEHICLE REPAIR AND SERVICE STATION
Any lot or building or portion thereof used to service motor vehicles, including routine maintenance, as well as major mechanical repairs and body work. May include the sale and distribution of motor vehicle fuels, oils, lubricants, parts and accessories.
MOTOR VEHICLE, INOPERATIVE OR UNREGISTERED
Any motor vehicle not currently registered in accordance with New York State law, for a period of six successive months or longer.
NOISE
Any loud, discordant or disagreeable sound or sounds. More commonly, in an environmental context, noise is defined simply as unwanted sound. Sound generated by projects may become noise due to land use if there are receptors surrounding them. When lands adjoining a proposed project contain residential, commercial, institutional, or recreational uses, noise is likely to be a matter of concern to residents or adjacent landowners.
[Added 12-9-2019 by L.L. No. 2-2019]
NONCONFORMING USE
Any legally existing structure or use not in conformity with the regulations of the district in which it is located at the time of the enactment of this chapter or amendment hereto.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
NONHIGHWAY RECREATIONAL VEHICLE
A nonhighway recreational vehicle primarily manufactured for the expressed purpose of providing recreational activities, and will include trailers to transport such vehicles. They are utilized for cross-country travel on trails or on any of the following: land, water, snow, ice, marsh, swampland and natural terrain. It includes, but is not limited to, all-terrain vehicles (ATVs), dirt bikes, boats, ski jets and snowmobiles.
[Added 12-10-2012 by L.L. No. 5-2012]
NOXIOUS USE
Any use which is continuously or regularly offensive or injurious by reason of the emission of excessive amounts of dust, smoke, refuse matter, odor, gas, fumes, noise or vibration.
[Added 12-10-2012 by L.L. No. 5-2012]
NURSING HOME
A dwelling where persons are lodged and furnished with meals and nursing care for commercial or nonprofit purposes. This shall not include homes for the mentally handicapped, drug or alcohol rehabilitation patients, etc.
OFF-STREET PARKING
A space or areas for parking off the public streets.
OUTDOOR FURNACE
An outdoor furnace shall be a self-contained unit designed to provide heating to a building or structure which unit is located outside of that building or structure.
[Added 2-14-2005 by L.L. No. 1-2005]
OUTDOOR STORAGE
The keeping, in an unroofed area, of materials associated with the principal commercial or industrial use permitted on the lot.
PARCEL
The amount of contiguous land identified by a single tax parcel number.
PARKING LOT
Four or more parking spaces for registered vehicles.
PARKING SPACE
An off-street space available for the parking of one motor vehicle and having an area of not less than 200 square feet exclusive of sidewalks, curb cuts and/or street access.
PERMITTED USE
Any use permitted under the provisions for the district in which the land, building or structure is located.
PLANNING BOARD
A board appointed by the Town Board and authorized to review site plans, amendments, industrial district and planned development district requests.
POOL, SWIMMING
A structure or facility constructed to hold water at least three feet deep and used by public and/or private parties for recreational purposes.
PRINCIPAL BUILDING
A building in which is conducted the main or principal use of the lot on which such building is located.
PRINCIPAL USE
The main or principal use purpose for which any land, building or structure is used or occupied. There will be no more than one principal use per lot, except on residential lots, for which the owner may be allowed additional structures which would be used by other family members or relatives, provided the additional structures meet all zoning regulations and are placed to conform with a further potential subdivision of property.
[Amended 2-14-2005 by L.L. No. 1-2005]
PROFESSIONAL OFFICES
Offices which offer professional or consulting services such as medical, legal, engineering, architectural and other similar services.
PUBLIC UTILITY FACILITY
Such uses shall include the erection, construction, alteration, or maintenance, by public utilities or municipal or other governmental agencies of: underground or overhead gas, electrical, steam or water transmission generation or distribution systems; electronic communications apparatus; solid waste transfer sites; sewage treatment plants, etc.; and other similar equipment and accessories used in connection therewith for the furnishing or adequate services for the public health or safety or general welfare.
QUARRY, SAND or GRAVEL PIT
Land used for the purpose of extracting stone, sand, gravel, or topsoil for sale, as a commercial operation; this excludes the process of grading a lot as preparation to construct a building for which a building permit has been granted.
RACETRACK/MOTOR VEHICLE RACING ESTABLISHMENT/RACE COURSE
An area devoted to the racing of motor and nonmotorized vehicles or animals, and all improvements normally associated with racing such as off-street parking, patron seating, concessions, and a fixed race track.
[Added 12-10-2012 by L.L. No. 5-2012]
RECREATION FACILITY, PUBLIC OR PRIVATE, INDOOR
A building, structure or portion thereof used principally for indoor recreation, sports or leisure activity, conducted as a commercial enterprise or otherwise as a principal use. The term includes, but is not limited to, billiard parlors, bowling halls, live or motion-picture theaters, amusement or video game centers, indoor sports facilities, gymnasiums, physical fitness centers, martial arts schools, dance schools and membership clubs. The term does not include adult entertainment establishments, special events facilities or indoor recreation as a community facility or as an accessory use for an institutional use, club or nonprofit organization.
[Added 12-10-2012 by L.L. No. 5-2012]
RECREATION FACILITY, PUBLIC OR PRIVATE, OUTDOOR
A lot with or without accessory buildings, structures and other site improvements used for outdoor recreation, sports or leisure activity and conducted as a commercial enterprise. The term includes, but is not limited to, drive-in or open air theaters, exhibition facilities, field sports facilities, golf courses, driving ranges and miniature golf facilities. The term does not include special events facilities, campgrounds, race tracks, marinas or outdoor recreation as a Town-owned community facility or as an accessory use for an institutional use, or nonprofit organization.
[Amended 12-10-2012 by L.L. No. 5-2012]
RECREATION FACILITY, PUBLIC OR PRIVATE
A municipally or privately owned and operated recreational facility (for commercial purposes), such as a swimming pool, tennis courts, athletic field, playground, or other similar facility for recreational use.
RECREATIONAL VEHICLES (FOR PART-TIME LIVING PURPOSES)
Includes motor homes, truck campers, and camping trailers less than 48 feet in length, and/or less than 720 square feet of interior floor area.
RESTAURANT/BARS
A commercial establishment that prepares and serves food and/or alcoholic beverages to the public.
ROAD
A thoroughfare for motor vehicles which affords the primary means of access to private property.
ROAD RIGHT-OF-WAY LINE
The dividing line between a lot and a road. Where there is no established road right-of-way line, the road right-of-way line shall be considered to be 25 feet from the center of the road.
ROOF-MOUNTED SOLAR ENERGY SYSTEM
A solar energy system located on the roof of any legally permitted building or structure that produces electricity for on-site or off-site consumption.
[Added 12-9-2019 by L.L. No. 2-2019]
SALVAGE YARD
See "junkyard."
SATELLITE DISH ANTENNA
A permanently or temporarily placed dish-shaped antenna used for the purpose of receiving microwave television signals from Earth-orbiting satellites.
SETBACK
The distance between a lot line and a building line. The term is used to refer to front, side or rear distances.
SEXUAL ACTIVITIES
For the purpose of this chapter, sexual activities shall include:
A. 
Human genitals in a state of sexual stimulation or arousal.
B. 
Acts of human masturbation, sexual intercourse or sodomy.
C. 
Fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts.
SHOPPING CENTER
A group of three or more commercial establishments built on a site that is planned, developed, owned and managed as an operating unit related in location, size, and type of shops to the trade area that the unit serves; it provides on-site parking in definite relationship to the type and total size of the stores.
SIGN
Any kind of billboard, sign-board, pennant, or other device or display used as an advertisement, announcement, or direction.
SIGN, ADVERTISING
A sign which directs attention to a business, commodity, service, or entertainment conducted, sold or offered on the premises or elsewhere.
SITE
The spatial location of an actual or planned structure or set of structures (such as a building, town, or structure). Wind energy conversion system (WECS) sites are all parcels of land making up the WECS project.
[Added 12-9-2019 by L.L. No. 2-2019]
SITE PLAN REVIEW
The process by which the Planning Board reviews those uses stated in this chapter that require site plan review.
SMALL SCALE/ON-SITE SOLAR ENERGY SYSTEM
A solar energy system that is ground-mounted or roof-mounted on any legally permitted building or structure for the purpose of producing electricity for on-site usage which produces a rated power of 10 or 25 or fewer kilowatts (kW) per hour of energy.
[Added 12-9-2019 by L.L. No. 2-2019]
SMALL WIND ENERGY CONVERSION SYSTEM (WECS)
Small wind systems are defined as wind turbines with generating capacities between 1 kW and 100 kW. Small wind systems are rated by their potential generating capacity. The maximum output in watts of the turbines generator is used as a base comparison.
[Added 12-9-2019 by L.L. No. 2-2019]
SOLAR ENERGY EQUIPMENT
Electrical material, hardware, inverters, conduit, storage devices, or other electrical and photovoltaic equipment associated with the production of electricity.
[Added 12-9-2019 by L.L. No. 2-2019]
SOLAR ENERGY SYSTEM
The components and subsystems required to convert solar energy into electric energy suitable for use. The term includes, but is not limited to, solar panels and solar energy equipment.
[Added 12-9-2019 by L.L. No. 2-2019]
SOLAR PANEL
A photovoltaic device capable of collecting and converting solar energy into electricity.
[Added 12-9-2019 by L.L. No. 2-2019]
SOUND
An oscillation in pressure, stress, particle displacement or other physical parameter in a medium with internal forces (American National Standards Institute terminology).
[Added 12-9-2019 by L.L. No. 2-2019]
SOUND LEVEL
The sound pressure level or weighted pressure level, in decibels, as measured by the use of a metering characteristic and the weighing A, B, and C (American National Standards Institute terminology).
[Added 12-9-2019 by L.L. No. 2-2019]
SPECIAL USE PERMIT
A permit for special uses which must be approved by the Planning Board, granting permission to the Enforcement Officer to issue a zoning permit.
STORAGE BATTERY
A device that stores energy and makes it available in an electrical form.
[Added 12-9-2019 by L.L. No. 2-2019]
STORAGE UNITS
Structures including, but not limited to, commercial transport trailers (with or without wheels attached), truck boxes and container boxes. Storage units shall not include vans, station wagons, mobile homes, campers (motorized or not), or any unlicensed motor vehicle. A storage unit shall be considered an accessory structure.
[Added 2-14-2005 by L.L. No. 1-2005]
STREET
See "road."
STREET LINE or HIGHWAY RIGHT-OF-WAY LINE
The dividing line between a lot and a street right-of-way line.
STRUCTURE
Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground. The term includes dwelling units, buildings, swimming pools, platforms, stadiums, towers, billboards and signs, fences, walls.
TOTAL HEIGHT
The height of the tower and furthest vertical extension of the blade tip of the WECS.
[Added 12-9-2019 by L.L. No. 2-2019]
TOWER HEIGHT
Towers are made of tubular steel, steel lattice or concrete and taller towers help generate more electricity since the wind rate increases with height. The tower height is the height above grade of the fixed portion of the tower structure.
[Added 12-9-2019 by L.L. No. 2-2019]
TRAILER
See "manufactured home."
[Amended 10-9-2006 by L.L. No. 2-2006]
TRAVEL TRAILER
See "recreational vehicle."
USE
The specific purpose for which any land, building or structure is designed, arranged, intended, or occupied.
VARIANCE, USE
An exception granted to utilize land for a use not permitted in a district.
VARIANCE, AREA
The authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of this chapter.
WALL
A structure of wood, stone or other materials or combination thereof intended for defense, security, screening, partitioning, or enclosure; or for the retention of earth, stone, fill or other materials as in the case of retaining walls or bulkheads. A fence shall be considered a wall.
WASTE MATTER
Any refuse, rubbish, litter, garbage, decomposable or organic putrescible matter, carcass, sewage, excrement, slops, ashes, tin cans, metals, crates, boxes, or other material offensive to the public or detrimental to its health, safety, and welfare by virtue of its volume or nature.
WATERFRONT PROPERTY
Property which abuts a waterway or water body.
WATERFRONT PROPERTY LINE
Along waterfront property, the waterfront property line shall be determined as the high-water level elevation.
WATERWAY or WATER BODY
For the purpose of the chapter, a waterway or water body shall be the Black River and the Indian River.
WIND ENERGY CONVERSION SYSTEM (WECS)
A machine that converts the kinetic energy in the wind into a usable form (commonly known as "wind turbine" or ("windmill").
[Added 12-9-2019 by L.L. No. 2-2019]
YARD
Generally determined to mean that unoccupied open space (from the ground upward) between the building line and the nearest lot line or street line.
A. 
YARD, FRONTThe yard between the front building line and the front lot line and extending the full width of the lot. For the purpose of this chapter, the front yard of waterfront property shall be the yard between the waterfront property line and the front building line.
B. 
YARD, REARThe yard between the rear building line and the rear lot line and extending the full width of the lot. For the purpose of this chapter, the rear yard of waterfront property shall be the yard between the rear building line and the waterfront property line.
C. 
YARD, SIDEAn unoccupied space extending from the front yard to the rear yard between the required side setback line and the nearest side lot line.
ZONING BOARD OF APPEALS
A board appointed by the Town Board whose principal duties are to consider requests for variances from this chapter.
ZONING PERMIT
A permit issued under this chapter allowing the establishment of a new use or the construction, placement or alteration of a building or structure.
[1]
Editor's Note: Former definition of "mobile home park," which immediately followed this definition, was repealed 10-9-2006 by L.L. No. 2-2006.