As used in this chapter, the following terms
shall have the meanings indicated:
The term applied to a building or structure which 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. An unattached cargo trailer or box shall not
be considered an accessory building or structure.
[Added 2-11-2015 by L.L. No. 4-2015]
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 is 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.
[Added 2-11-2015 by L.L. No. 4-2015]
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.
[Added 2-11-2015 by L.L. No. 4-2015]
In the context of regulations set forth herein regarding
flag lots, that portion of the flag lot fronting on a public street
and containing the driveway servicing any residence or building located
on such lot.
Any adult arcade, adult bookstore or video store, adult cabaret, adult motel, adult motion-picture theater, adult theater, escort agency, massage establishment, nude model studio or sexual encounter center, as those terms are defined in Chapter 67, Peace and Good Order, Article I, Adult Use Establishments, of the Code of the Town of Riga. This definition shall not include any bona fide medical or health service office or establishment in which clients or customers may be required to display any specified anatomical area for the purpose of diagnosis or treatment.
Operations related primarily to the processing of, as opposed
to the production of, farm produce; also, those operations that produce
such items as milk, beef, eggs, poultry, etc., where a majority of
the required feed is purchased and not produced on the farm.
A use involving any production of plants or animals useful
to any person, including but not limited to forages or sod crops;
grains and feed crops; dairy animals and dairy products; poultry and
poultry products; livestock, such as beef cattle, sheep, swine, horses,
ponies, mules or goats, including the breeding or grazing of any such
animals; bees and apiary products; fur animals; trees and forest products;
fruits of all kinds, including grapes, nuts and berries; vegetables;
or nursery, floral, ornamental and greenhouse products or any land
devoted to and meeting the requirements and qualifications for payments
and other compensation pursuant to a soil conservation program under
an agency of the federal government. This shall include crops, livestock
and livestock products as defined in § 301 of the Agriculture
and Markets Law.
A flood having a one-percent chance of being equaled or exceeded
in any given year; also known as the "one-hundred-year flood."
A story partly underground but having less than 1/2 of its
clear height below the finished grade. That portion of a split-level
house designed as living space which is partly below grade is not
considered a "basement."
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."[2]
[Amended 2-11-2015 by L.L. No. 4-2015]
The line drawn through the part or projection of a building
nearest and parallel to the front lot line, or in the event that side
lot lines are not perpendicular to the front lot line, then the shortest
line drawn through the part or projection of a building nearest to
the front lot line and perpendicular to either side lot line. Parts
or projections of buildings shall include sun parlors and covered
porches, whether enclosed or unenclosed, but shall not include steps.
[Added 3-10-2003 by 1-2003]
A building in which is conducted the main or principal use
of the lot on which said building is situated.
[Amended 2-11-2015 by L.L. No. 4-2015]
A story partly underground and having 1/2 or more than 1/2
of its clear height below the finished grade. A "cellar" shall not
be considered in determining the permissible number of stories.
Any facility serving 13 or more children licensed by the
Department of Social Services, as further provided and defined by
§ 4001 et seq. of the Education Law.
That portion of the vehicle-accommodation area used for access
to parking or loading areas or other facilities on the lot.
As a condition of approval of a subdivision plat or plats
pursuant to Article VI of this chapter, the modification of the applicable
provisions of this chapter to provide an alternative permitted method
of development of such plat or plats to allow all of the development
which could occur on a particular parcel of land to be developed on
a portion of said parcel. In no case shall the number of building
plots or dwelling units exceed the number which could be permitted,
in the Planning Board's judgment, if the land were subdivided into
lots conforming to the minimum lot size and density requirements of
the applicable provisions of this chapter.
A use consisting of a combination on one lot of two or more
principal uses separately listed as permissible uses.
A one-story retail store that is designed and stocked to
sell primarily food, beverages and other household supplies to customers
who purchase only a relatively few items. It is designed to attract
a large volume of stop-and-go traffic.
A street that terminates in a vehicular turnaround.
Any child-care arrangement that provides day care on a regular
basis for more than four hours per day for more than five children
of preschool age and is licensed by the Department of Social Services,
as provided and further defined in § 4001 et seq. of the
Education Law.
A person who is responsible for any undertaking that requires
site plan approval, a special use permit or any other approval required
under this chapter.
That which is to be done pursuant to a zoning permit, special
use permit, conditional use permit or subdivision approval.
A nonconforming situation that occurs when the height, size
or minimum floor space of a legally preexisting structure or the relationship
between a legally preexisting building or buildings and other buildings
or lot lines does not conform to the regulations applicable to the
district in which the property is located.
A private way used to provide motor vehicle access to one
lot or, with respect to parking area requirements, that portion of
the vehicle-accommodation area that consists of a travel lane.[3]
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."
[Added 2-11-2015 by L.L. No. 4-2015]
One or more persons living together as a single housekeeping
unit.
A lot with the appearance of a frying pan, T shape or flag and staff, in which the handle or narrowest portion is most often used as the point of access to a public road. See § 95-72.
Any land area susceptible to being inundated by water from the base flood; that area designated as subject to flooding from a one-hundred-year flood on the Flood Boundary and Floodway Map prepared by the United States Department of Housing and Urban Development, a copy of which is on file with the Town Clerk, as provided under Chapter 51, Flood Damage Prevention. For the purposes of this chapter, "floodplain" shall have the same meaning as "area of special flood hazard," as defined in Chapter 51.
The channel of a river or other watercourse and adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height as determined by the Federal Emergency Management Agency in a flood insurance study or by other agencies as provided in Chapter 51, Flood Damage Prevention. For the purposes of this chapter, "floodway" shall have the same meaning as "regulatory floodway," as defined in said Chapter 51.
That area designated as a "floodway" on the
Flood Boundary and Floodway Map prepared by the United States Department
of Housing and Urban Development, a copy of which is on file with
the Town's Zoning Enforcement Officer.
The line dividing the public right-of-way from a lot. For
purposes of complying with minimum lot width and street frontage requirements,
measurement shall be made along the front lot line, whether on an
arc of otherwise, and not along the pavement edge or center line of
the traveled way. The fact that a deed description shall include measurements
to or along the street center line shall not affect the foregoing.
[Added 3-10-2003 by L.L. No. 1-2003]
The officially established grade of the street upon which
the lot fronts. If there is no officially established grade, the existing
grade of the street at the midpoint of the frontage of the lot shall
be taken as the "street grade."
The total area of a building measured by taking the outside
dimensions of the building at each floor level intended for occupancy
or storage.
A solar energy system that is anchored to the ground and
attached to a pole or other mounting system, detached from any other
structure for the primary purpose of producing electricity for onsite
consumption.
[Added 6-7-2017 by L.L.
No. 2-2017]
Any floor area of a residence usable for living purposes,
which include working, sleeping, eating, cooking or recreation or
any combination thereof. Floor area used only for storage is not "habitable
floor area."
An occupation or a profession which is customarily carried
on in a dwelling unit or in a building or other structure accessory
to a dwelling unit that does not disturb the general residential characteristics
of the neighborhood, carried on by a member of the family residing
in the dwelling unit and clearly incidental and secondary to the use
of the dwelling unit for residential purposes.
A commercial operation that provides food and shelter and
care of animals for purposes not primarily related to medical care
(a "kennel" may or may not be run by or be associated with a veterinarian);
or engages in the breeding of animals for sale. "Kennel" also includes
the harboring or maintenance of noncommercial groups of five or more
dogs of licensing age.
A solar energy system that is ground-mounted and produces
energy primarily for the purpose of offsite sale or consumption.
[Added 6-7-2017 by L.L.
No. 2-2017]
That portion of the vehicle-accommodation area used to satisfy the requirements of § 95-68.
A parcel of land whose boundaries have been established by
some legal instrument, such as a recorded deed or a recorded subdivision
map, and which is recognized as a separate legal entity for the purpose
of the transfer of title; provided, however, that for purposes of
this chapter, the boundary line of a lot fronting on a street or public
way shall be the right-of-way line, as dedicated, laid out or accepted.
[Amended 3-10-2003 by L.L. No. 1-2003]
The total area circumscribed by the boundaries of a lot;
provided, however, that if the deed description for a lot includes
measurements to the street center line, the area between the street
center line and the front lot line, as defined herein, shall be disregarded
for purposes of complying with minimum lot area requirements.
[Amended 3-10-2003 by L.L. No. 1-2003]
The distance measured along the building line and the front
lot line. For the purposes of this chapter, the minimum lot width
specified under the dimensional requirements for each district shall
be satisfied at both the building line and the front lot line; provided,
however, that where side lot lines are radial to arcs, such as where
the front lot line is on a street curve or cul-de-sac, the lot may
have a minimum width of 66 feet at the front lot line, so long as
the minimum required lot width is provided at the building line.
[Amended 4-13-1998 by L.L. No. 1-1998; 3-10-2003 by L.L. No.
1-2003]
A detached single-family dwelling unit with any or all of
the following characteristics: manufactured as a relocatable dwelling
unit intended for year-round occupancy and for installation on a site
without a basement or permanent foundation; designed to be transported
after manufacture on its own chassis and connected to utilities after
placement on a site; designed to be installed as a single-wide or
double-wide unit with only incidental unpacking and assembly; and/or
designed and manufactured as the type of unit which would require,
after January 15, 1974, a seal as provided for in the New York State
Code for Construction and Installation of Mobile Homes. For the purposes
of this chapter, dwelling units which are prebuilt in two parts and
transported to and assembled on a permanent foundation are not considered
"mobile homes."
A contiguous parcel of land under one ownership or management
used or designed to be used for the location of more than one mobile
home.
A building or group of buildings, whether detached or in
connected units, containing individual sleeping units designed primarily
for transient automobile travelers and providing accessory off-street
parking facilities. The term "motel" includes buildings designated
as motor lodges, auto courts and similar appellations.
Any motorized device in, upon or by which any person or property
may be transported and intended primarily for use on a highway or
for recreational personal use, including automobiles, trucks, sport
utility vehicles, motor homes, motorcycles and recreational off-road
vehicles, but not including motorized farm implements or equipment
or construction vehicles and equipment.
[Added 3-13-2000 by L.L. No. 1-2000]
Any building, structure or land used or designed for the sale of products or servicing of motor vehicles, including the sale of gasoline, oil or other fluids required for the operation of a vehicle, and services relating to the changing or replacement of such fluids, the sale or replacement of tires, batteries, bulbs or headlights, wiper blades and similar parts or accessories, the washing or polishing of vehicles and minor repair services such as tune-ups, wheel alignments and brake adjustments, but not including body or fender work or painting, sale or rental of vehicles, parking or storage of vehicles (except for purposes of scheduled repairs as otherwise permitted in § 95-25) or vehicle assembly operations.
[Added 3-13-2000 by L.L. No. 1-2000]
A lot legally existing at the effective date of this chapter
(and not created for the purposes of evading the restrictions of this
chapter) or any subsequent amendment thereto that does not meet the
minimum area requirements of the district in which the lot is located
because of the adoption of this chapter or any subsequent amendment
thereto.
Any structure, development or undertaking that was legally
begun but is incomplete at the effective date of this chapter or any
subsequent amendment thereto and which would now be inconsistent,
by reason of the adoption of this chapter or such amendment, with
any regulation applicable to the district in which it is located if
completed as proposed and planned.
Any otherwise lawful use of land, premises, building or structure
existing prior to the enactment of this chapter which does not conform
to the regulations of this chapter for the district in which such
use is located, by reason of the adoption of this chapter or as a
result of subsequent amendments hereto. The term also refers to the
activity that constitutes the use made of the property.
A facility maintained for the purpose of providing skilled
nursing care and medical supervision at a lower level than that available
in a hospital.
A portion of the vehicle-accommodation area set aside for
the parking of one vehicle.
An individual, trustee, executor, fiduciary, company, corporation,
firm, partnership, association, organization or other entity acting
as a unit.
A development constructed on a tract of at least 25 acres, planned and developed as an integral unit and consisting of single-family detached residences combined with either two-family residences or multifamily residences, or both, all developed in accordance with § 95-29.
Any man-made body of water over two feet deep, resulting
from excavation, site grading, construction of dams, dikes or stormwater
drainage or detention facilities, or other soil disturbance activities,
whether constructed for recreational, conservation, landscaping, agricultural
or other purposes.
[Amended 2-11-2015 by L.L. No. 4-2015]
A private way used to provide motor vehicle access to two
or more lots or residences.
A building designed or used for residential or dwelling purposes
by one or more families.
DUPLEXA two-family residence in which the dwelling units share a common wall (including without limitation the wall of an attached garage or porch) and in which each dwelling unit has living space on the ground floor and a separate, ground-floor entrance.
MULTIFAMILYA residence containing three or more dwelling units. For the purposes of this definition, such residence includes all dwelling units that are enclosed within that building or attached to it by a common floor or wall.
APARTMENTA residence used or designed for use as a multiple residence as defined in the New York State Multiple Residence Law.
TOWNHOUSEA multifamily residence in which each dwelling unit shares a common wall with at least one other dwelling unit and in which each dwelling unit has living space on the ground floor and a separate ground floor entrance.
TWO-FAMILYA residence consisting of a building containing two dwelling units. If two dwelling units share a common wall, even the wall of an attached garage or porch, then such dwelling units shall be considered to be located in one building.
A place of business where food and drink are prepared, served
and consumed within a building and where the customers are served
when seated at tables or at counters within the building.
A major road in the Town's highway system that serves as
the major circulation of traffic into, out of or around the Town and
carries high volumes of traffic.
A road whose principal function is to carry traffic between
minor, local and subcollector roads and arterial roads but that may
also provide direct access to abutting properties.
A road whose principal function is to provide access to abutting
properties.
A road that is parallel to and adjacent to an arterial road
and that is designed to provide access to abutting properties so that
these properties are somewhat sheltered from the effects of the through
traffic on the arterial road and so that the flow of traffic on the
arterial road is not impeded by direct driveway access from a large
number of abutting properties.
A road whose principal function is to provide access to abutting
properties. It serves or is designed to serve a small number of dwelling
units.
A combination of photovoltaic building components integrated
into any building envelope system such as vertical facades including
glass and other facade material, semitransparent skylight systems,
roofing materials, and shading over windows.
[Added 6-7-2017 by L.L.
No. 2-2017]
[Added 3-13-2000 by L.L. No. 1-2000]:
Any device, structure, assemblage of materials
or other medium, or any part thereof, which displays, exhibits or
presents any lettered, graphic or pictorial material, or a logo, or
upon which is displayed, exhibited or presented any lettered, graphic
or pictorial material, or a logo, which is located out-of-doors or
on the interior of a building so as to be visible from any street,
sidewalk, waterway or public place, and which:
Identifies, describes, announces, directs or
calls attention to, advertises or promotes any person, organization,
product, service, place or premises, event or activity, whether commercial
or noncommercial.
States, expresses, conveys or communicates any
information, opinion, viewpoint, direction, regulation or other commercial
or noncommercial message.
This definition includes anything painted, printed,
pasted, posted, applied or otherwise affixed to or on any building,
wall, fence, vehicle, tree, stone or other natural feature, or other
structure or object, and also includes any unique and distinctive
architectural style or feature or landscaping which accomplishes either
of the results described above.
Any sign exceeding one hundred square feet of face area,
mounted on one or more freestanding poles, pylons or other supports,
independent of any other building or structure, and used by the owner
of the property where located as a sign, or rented or leased by the
owner to any other person, organization or entity for use as a sign.
[Added 3-13-2000 by L.L. No. 1-2000]
Any sign advertising or promoting any business, profession
or commercial enterprise, or any product or commodity, service, activity
or event which is offered to the general public for sale or compensation.
[Added 3-13-2000 by L.L. No. 1-2000]
Any sign other than a commercial sign.
[Added 3-13-2000 by L.L. No. 1-2000]
[Added 3-13-2000 by L.L. No.
1-2000] --
Any sign not permanently mounted, erected or installed, and
intended to primarily convey information with respect to one particular
topic, event or activity. A temporary sign shall include the following:
SIGN, EVENTAny temporary sign announcing, advertising or promoting a particular event or activity of a noncommercial nature, such as of a church, public service organization or community group.
SIGN, MESSAGEAny temporary sign which states, expresses, conveys or communicates information or an opinion, viewpoint, philosophy or other position of a noncommercial nature, including a political sign.
SIGN, POLITICALAny temporary sign which advertises, promotes, supports or advocates a particular candidate or candidates for any public office or a position on an upcoming proposition.
SIGN, PORTABLEA sign designed to be moveable, whether on a trailer, wheels or otherwise, but excluding licensed motor vehicles, and not structurally attached to the ground, a building, a structure or another sign.
A rendering, drawing or sketch prepared to specifications
and containing necessary elements, as set forth in this chapter, which
shows the arrangement, layout and design of the proposed use of a
single parcel of land as shown on said plan. Plats showing lots, blocks
or sites which are subject to review pursuant to authority provided
for the review of subdivisions under § 276 of the Town Law
shall continue to be subject to such review and shall not be subject
to review as "site plans" under this chapter.
An arrangement or combination of solar equipment designed
to provide electrical energy by the collection of solar energy and
its conversion, storage, protection and distributions; a solar photovoltaic
facility ("PV facility").
[Added 6-7-2017 by L.L.
No. 2-2017]
A particular land use which is permitted within a given zoning
district, subject to conditions imposed to assure that the proposed
use is in harmony with the requirements of this chapter and will not
adversely affect the neighborhood or vicinity if such conditions are
met.
[Amended 10-6-1997 by L.L. No. 4-1997; 3-13-2000 by L.L. No.
1-2000]
A public road or way or a road or way with respect to which
an offer of dedication has been made.[4]
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
but not limited to walled and roofed buildings; manufactured homes;
gasoline, oil or liquid petroleum tanks; buildings; docks; mobile
homes; fences; signs; billboards; swimming pools; towers; antennas
and satellite TV dishes.
[Amended 2-11-2015 by L.L. No. 4-2015]
The division of a tract of land into two or more lots, building sites or other land division for the purpose of sale or building development, as regulated under Chapter 81 of the Code of the Town of Riga.
Any structure, basin, chamber or tank which is used or intended
to be used for swimming, diving, recreational bathing or wading and
which contains, is designed to contain, or is capable of containing
water more than 24 inches (610 mm) deep at any point. This includes
in-ground, above-ground and on-ground pools; indoor pools; hot tubs;
spas; and fixed-in-place wading pools. Swimming pools are subject
to the fencing and other safety requirements found in the New York
State Uniform Fire Prevention and Building Code.
[Amended 2-11-2015 by L.L. No. 4-2015]
Any structure, including but not limited to a pole, windmill
or other such structure, whether attached to a building, guyed or
freestanding, designed and/or used for the support of any device for
die transmission and/or reception of radio frequency signals, including
but not limited to broadcast, shortwave, citizens band, FM or television
or microwave, and/or for the support of any wind-driven device, whether
used for energy conservation or not.
[Amended 10-6-1997 by L.L. No. 4-1997]
A structure that is intended to be transported over the highways
(either as a motor vehicle or attached to or hauled by a motor vehicle);
and is designed for temporary use as sleeping quarters but that does
not satisfy one or more of the criteria of the definition of "mobile
home."
The activity or function that actually takes place or is
intended to take place on a lot.
A grant of permission by the Zoning Board of Appeals that
authorizes the recipient to do that which, according to the strict
letter of this chapter, he could not otherwise legally do.
The area of a lot that lies between the nearest roofed portion
of the principal building and the line defining the boundary of the
lot.
The enforcement official designated by the Town Board to
administer and enforce the provisions of this chapter. In the absence
of any other legislation specifically designating such individual,
said position shall be held by the Building Inspector.
[1]
Editor's Note: The former definition of "accessory structure
or use," which immediately preceded this definition, was repealed
2-11-2015 by L.L. No. 4-2015.
[2]
Editor's Note: The former definition of "building, accessory,"
which immediately followed this definition, was repealed 2-11-2015
by L.L. No. 4-2015. The former definition of "building, front line
of," which immediately followed the former definition of "building,
accessory," was repealed 4-13-1998 by L.L. No. 1-1998.
[3]
Editor's Note: The former definition of "dwelling unit," which
immediately followed this definition, was repealed 2-11-2015 by L.L.
No. 4-2015.
[4]
Editor's Note: The former definition of "street
line" which immediately followed this definition, was repealed 3-10-2003
by L.L. No. 1-2003.
Unless otherwise specifically provided, the
words and phrases defined in this section shall have the meanings
indicated when used in this chapter.
