Town of Chili - Definitions

ACCESSORY FACILITY

Serves the principal use, is subordinate in area, extent and purpose to the principal use, and is located on the same lot as the principal use. Examples of such facilities include transmission equipment and storage sheds.

ACCESSORY USE

A structure or use incidental to the main structure or the principal use of the land on the same lot. For residential accessory use, the term specifically excludes the simultaneous operation of three or more motorized vehicles, motor driving schools or training facilities, the use of motorized vehicles by nonresidents of the parcel, and the alteration of the natural topography, including, but not limited to, such items as jumps, moguls and other natural site features. For adult bookstores or adult video stores, it shall mean the sale and/or rental of the merchandise as further defined under the definitions of the terms "adult bookstore or adult video store," "sexually oriented business," and "substantial enlargement."

ACUPUNCTURE

The treating, by means of mechanical, thermal or electrical stimulation effected by the insertion of needles or by the application of heat, pressure or electrical stimulation at a point or combination of points on the surface of the body predetermined on the basis of the theory of the physiological interrelationship of body organs with an associated point or combination of points for diseases, disorders and dysfunctions of the body for the purpose of achieving a therapeutic or prophylactic effect. The profession of acupuncture includes recommendation of dietary supplements and natural products including, but not limited to, the recommendation of diet, herbs and other natural products, and their preparation in accordance with traditional and modern practices of East Asian (Chinese, Korean or Japanese) medical theory.

ADULT ARCADE

Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion-picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.

ADULT BOOKSTORE or ADULT VIDEO STORE

A commercial establishment which, as one of its principal business purposes, offers for sale or rental or any form of consideration any one or more of the following:

A. Books, magazines, periodicals or other printed matter or photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or
B. Instruments, devices, paraphernalia, books, magazines, movies, videos or other similar devices or merchandise which are designed for use in connection with specified sexual activities. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as an adult bookstore or adult video store so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which depict or describe specified sexual activities or specified anatomical areas. For purposes of this definition, "principal business purpose" shall mean 5% or more of any of the following:

(1) The number of different titles or kinds of such merchandise;
(2) The number of copies or pieces of such merchandise;
(3) The amount of floor space devoted to the sale, rental and/or display of such merchandise; or
(4) The amount of advertising which is devoted to such merchandise, either in print or broadcast media.

ADULT CABARET

A nightclub, bar, restaurant or similar commercial establishment which features:

A. Persons who appear in a state of nudity;
B. Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
C. Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

ADULT MOTION-PICTURE THEATER

A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

ADULT THEATER

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.

ADULT USE ENTERTAINMENT ESTABLISHMENT

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 entertainment establishments customarily exclude minors by reason of age.

ADVERTISING STRUCTURE

Any notice or advertisement, pictorial or otherwise, and any structure used as or for the support of any such notice or advertisement, for the purpose of making anything known about goods, services or activities not on the same lot as said advertising structure.

AGRIBUSINESS

Agriculture or farming engaged in as a large-scale business operation including the production, processing, and/or distribution of agricultural products.

AGRICULTURAL BARN

A farm building used solely and directly for the storage of agricultural materials or products or equipment or other agricultural purposes.

AGRICULTURE or FARMING

The use of the land for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, apiaries and animal and poultry husbandry, and the necessary accessory uses for storing produce; provided, however, that the operation of any such accessory use shall be incidental to that of normal agricultural activities, and provided further that the above uses shall not include the operation of a feed lot or other commercial feeding of animals or the manufacturing or processing of agricultural products as a principal use.

AIRPORT HAZARD

Any structure, building, tower, pole, wire, tree or other thing, or portion thereof, or use of land which obstructs the airspace required for the flight of aircraft in landing or taking off at the airport or is otherwise hazardous to such landing or taking off of aircraft.

AIRPORT OVERLAY DISTRICT

The area of land surrounding the Monroe County Airport, upon which an airport hazard might be established.

ALLEY

A public or private way not more than 30 feet wide according only secondary means of access to abutting property.

ALTERED

Structurally altered.

ANCILLARY VEHICLE

Any type of trailer or similar equipment used for the transportation of items or personal property, including but not limited to: all-terrain vehicles, motorcycles, commercial equipment, snowmobiles, boats, personal watercraft and/or recreation vehicles as hereinafter defined.

ANIMAL HOSPITAL

A place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment. Use as a kennel shall be limited to short-time boarding and shall be only incidental to such hospital use.

ANTENNA

A system of electrical conductors that transmits or receives radio frequency waves. Such waves shall include but not be limited to radio navigation, radio, television and microwave communications. The frequency of these waves generally ranges from 10 hertz to 300,000 megahertz.

APARTMENT HOUSE

A building arranged, intended or designated to be occupied by three or more resident households living independently of each other. An apartment house is a structural definition and applies irrespective of how the individual dwelling units therein are offered for sale or rental. An apartment house and multiple or multifamily dwelling are the same type of structure.

APPURTENANT ACTIVITIES

For the purposes of excavations, 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 operations, concrete-batching plants, asphalt-mixing plants and aggregate dryers.

AREA, BAR

An area accessible to the public used for preparing and serving alcoholic beverages, which may also be used for preparing and serving nonalcoholic beverages. A bar area shall include any seating area where tables and chairs are devoted to serving or consuming these beverages.

AUTOMOBILE OR GASOLINE SERVICE STATION or FILLING STATION

A building or lot having pumps and storage tanks where fuels, oils or accessories for motor vehicles are dispensed, sold or offered for sale at retail only, and where repair service is incidental.

BAR

See "tavern."

BASE FLOOD

The flood having a 1% chance of being equaled or exceeded in any given year.

BASEMENT

That portion of a building which is partly or completely below grade level.

BILLBOARD

The same as "advertising structure."

BOAT

A vessel capable of carrying one or more people and intended for use on or in water.

BUILDING

Any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals or chattel.

BUILDING, PRINCIPAL

The building in which is conducted the main or principal use of the lot on which said building is situated.

BUILDING-INTEGRATED SOLAR ENERGY SYSTEM

A combination of solar panels and solar energy equipment integrated into any part of a principal building or accessory structure. Components of a building-integrated solar energy system are designed to replace or substitute for architectural or structural elements of a building and generally complement, blend with or form part of a building's architectural appearance. Such components will generally maintain a uniform plane with and/or form a parts of the building such as vertical facades, semitransparent skylight systems, roofing materials, or shading over windows, which produce electricity for on-site consumption.

CAMOUFLAGING

For purposes of this article, the construction of facilities to house or support a telecommunications tower so that the towers and accessory facilities blend readily with the landscape, neighborhood and adjacent architectural features. Examples of camouflaging are silo and barn, windmill and simulated tree. It is presumed that accessory facility building shall be faced with red clay brick, and, if located in or adjacent to an agricultural or residential district, said accessory facility building shall have a gable roof.

CAR WASH

An enclosed structure designed for washing and/or cleaning of motor vehicles, which may include self-service and coin-operated machines or which may include a structure in which a vehicle is towed through a building or structure by a mechanical device, passing through a series of cycles, including but not limited to washing, rinsing, liquid waxing and drying.

CLERK OF THE PLANNING BOARD, ZONING BOARD OR TOWN BOARD

The same as the authorized secretary of the respective Board or his/her authorized substitute. The Building Department serves the function of Clerk of the Planning Board.

CLIENT

The customer or patron who pays for or receives massage services.

CLUB

A membership recreational building, but not including a club the chief activity of which is a service customarily carried on as a business.

COMMERCIAL ANIMAL KENNEL

Any building or lot on which three or more domesticated animals are trained, boarded, groomed, bred or sold for commercial purposes. This definition shall not apply to or include animals which are owned by the person or persons who own or occupy said building or lot. Also, this definition shall not apply to or include domesticated farm animals, such as horses, donkeys, cattle, sheep, goats, pigs, ducks and geese, poultry and rabbits.

COMMUNICATION TOWER, PRIVATE

A privately owned residential tower such as amateur radio antennas used strictly for personal use.

COMMUNITY-ORIENTED FACILITIES

A structure, building or use of land located in a Planned Institutional Development District, such as stadiums, theaters, auditoriums or religious facilities, that are offered periodically for use by the public.

COMPENSATION

The payment, loan, advance, donation, contribution, deposit, exchange, or gift of money or anything of value.

CONSERVATION BOARD

The Conservation Board of the Town of Chili, New York.

CONVENIENCE STORE

A building available to the public and operated for commercial gain which is used for the retail sales of personal service items, including but not limited to groceries, beverages (including those further regulated by the State Liquor Authority), tobacco products and health and beauty items. As used in this chapter, the term also means "mini-mart."

CONVENIENCE STORE, PETROLEUM STATION

A building available to the public and operated for commercial gain which is used for the retail sales identified above as a convenience store and the dispensing of petroleum and/or other fueling products to the general public.

CUSTOMARY HOME OCCUPATION

An occupation or a profession:

A. Which is carried on wholly within the enclosed walls of the dwelling or attached garage, and does not use more than 25% of the floor area, or a maximum of 500 square feet, whichever is less;
B. Which is carried on by members of the family residing in the dwelling;
C. Which is clearly incidental and secondary to the use of the dwelling for residential purposes;
D. Which shall not change the character of the neighborhood in which it is located;
E. Which shall not be advertised by any exterior signage; and
F. In which the repair of gasoline or diesel engines or motors, not owned by one of the members of the family residing in the dwelling, is expressly excluded.

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

DORMITORY

A residential hall providing rooms for individuals or groups attending an institution. The term excludes fraternities and sororities.

DRIVEWAY

An asphalt, concrete, crushed stone or other hard surface, generally constructed between a public or private road and a garage or dwelling, used to access the garage or dwelling from the public or private, road, and used for the parking of vehicles.

DUPLEX

A building consisting of two dwelling units that are attached side by side.

DWELLING

Any building or portion thereof designed or used as the residence or sleeping place of one or more persons.

A. DWELLING, SINGLE-FAMILY — A building designed or used for residence purposes by not more than one family, containing one dwelling unit only and meeting the following floor area standards: one-bedroom: 850 square feet; two-bedroom: 1,000 square feet; three bedroom: 1,150 square feet; and four-bedroom: 1,300 square feet.

B. DWELLING, TWO-FAMILY or DUPLEX — A building designed or used for residence purposes by not more than two families and containing two dwelling units that individually meet the floor area requirements established for single-family dwellings.

C. DWELLING, MULTIPLE-FAMILY — A building or portion thereof designed or used as a residence by three or more families and containing three or more dwelling units.

DWELLING GROUP

A group of three or more dwellings located on a parcel of land in one ownership and having any yard or court in common.

DWELLING UNIT

One or more rooms designed for occupancy by one family, or one student residence, for residential purposes with independent housekeeping facilities.

EFFICIENCY APARTMENT

A dwelling unit without a separate distinct room for sleeping.

EMPLOYEE

Any person employed by a massage business who may render any service to the business, and who receives any form of compensation from the business.

ESCORT

A person who, for consideration, agrees or offers to act as a companion, guide or date for another person or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

ESCORT AGENCY

A person or business association who furnishes or offers to furnish or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration.

EXCAVATION

The removal of soil, sand, gravel or other natural deposits by excavating, stripping or other means for the principal purpose of marketing these deposits. It does not include excavation primarily for purposes other than those of marketing natural deposits, such as for grading approved subdivisions, for constructing housing or other structures or for laying out public utilities, pipes or mains, all of which require building or other permits before commencement of work.

FAA

The Federal Aviation Administration or its successor.

FAMILY

A. Includes:

(1) One, two or three persons occupying a dwelling unit; or
(2) Four or more persons occupying a dwelling unit and living together as a traditional family or the functional equivalent of a traditional family.

B. It shall be presumptive evidence that four or more persons living in a single dwelling unit who are not related by blood, marriage or legal adoption do not constitute the functional equivalent of a traditional family.
C. In determining whether individuals are living together as the functional equivalent of a traditional family, the following criteria must he present:

(1) The group is one which in theory, size, appearance, structure and function resembles a traditional family unit.
(2) The occupants must share the entire dwelling unit and live and cook together as a single housekeeping unit. A unit in which the various occupants net as separate roomers may not be deemed to be occupied by the functional equivalent of a traditional family.
(3) The group shares expenses for food, rent or ownership costs, utilities and other household expenses.
(4) The group is permanent and stable. Evidence of such permanency and stability may include:

(a) The presence of minor dependent children regularly residing in the household who are enrolled in a local school.
(b) Members of the household having the same address for the purposes of voter registration, driver's license, motor vehicle registration and filing of taxes.
(c) Members of the household are employed in the area.
(d) The household has been living together as a unit for a year or more, whether in the current dwelling unit or other dwelling units.
(e) Common ownership of the furniture and appliances among the members of the household.
(f) The group is not transient or temporary in nature.

(5) Any other factor reasonably related to whether or not the group is the functional equivalent of a family.

FARMLAND OF STATEWIDE IMPORTANCE

Land, designated as "farmland of statewide importance" in the U.S. Department of Agriculture Natural Resources Conservation Service (NRCS)'s Soil Survey Geographic (SSURGO) Database on Web Soil Survey, that is of statewide importance for the production of food, feed, fiber, forage, and oilseed crops as determined by the appropriate agency or agencies. Farmland of statewide importance may include tracts of land that have been designated for agriculture by New York State Department of Agriculture and Markets.

FENCE

Any fence, brick or stone wall and a hedge located outside of the area bounded by the front building foundation line and the side and rear setback requirements. The face side of any "fence" erected in any district shall face the nearest abutting property, and all posts shall be on the inside of said "fence" unless said posts or supports constitute an integral part of said face side.

FLOOD INSURANCE RATE MAP (FIRM)

The Official Map on which the Federal Insurance Administration has delineated both the special flood hazard areas shown and defined as the Floodplain Overlay Zone in this chapter, and the risk premium zones applicable to the Town of Chili effective as of February 1, 1979.

FLOOD INSURANCE STUDY

The official report in which the Federal Insurance Administration has provided to the Town of Chili the flood profiles, as well as the flood hazard boundary (Floodplain Overlay Zone) - Floodway Map and the water surface elevation of the base flood.

FLOOD or FLOODING

A general and temporary condition of partial or complete inundation of normally dry land areas from:

A. The overflow of inland or tidal waters.
B. The unusual and rapid accumulation or runoff of surface waters from any source.

FLOOD, 100-YEAR

The highest level of flood that, on the average, is likely to occur once every 100 years; that is, that has a 1% chance of occurring each year.

FLOODPLAIN MANAGEMENT

The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and land use and control measures.

FLOODPLAIN OR FLOOD-PRONE AREAS

A land area adjoining a river, stream, watercourse, ocean, bay or lake, which is likely to be flooded.

FLOODPROOFING

Any combination of structural and nonstructural additions, changes or adjustments to properties and structures which reduce or eliminate flood damage to lands, water and sanitary facilities, structures and contents of buildings.

FLOODWAY

The channel (Floodway District) of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

FRATERNITY HOUSE

A building or portion thereof designed or used by a men's student organization, approved by an institution, for scholastic, professional or extracurricular activities, including the residence or sleeping place of one or more persons belonging to a fraternal organization.

FRONTAGE

That portion of a parcel of property which abuts a dedicated public street or highway. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage.

GARAGE, PRIVATE

An accessory structure associated with dwelling units, used to shelter private passenger vehicles and/or personal property, and in which no space is leased to a nonresident of the premises or otherwise used for commercial purposes.

GARAGE, PUBLIC

A structure for the storage of automobiles, recreational vehicles, trucks or trailers and the storage of vehicles not in operating condition, and/or maintenance and repair of same, provided that such vehicles are completely stored within an enclosed building or area completely obscured from view from adjacent properties. Each stored vehicle shall contain a valid license plate or be stored under the direction of a law enforcement or insurance agency, provided further that there may be dispensing of petroleum products on the premises for such vehicles.

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.

GRADE LEVEL

Finished grade level and shall be not more than three feet three inches below finished first floor level. Finished grade level shall be determined at the front line of the building.

GRID MAP

A complete map of all existing or proposed tower locations within the Town of Chili, as well as a complete map of all existing or proposed tower locations in all towns adjoining the Town of Chili, together with such narrative or technical data or information relevant or necessary so as to establish the necessity of each tower site which is the subject of the application.

GROUND-MOUNTED SOLAR ENERGY SYSTEM

A solar energy system that is anchored to the ground via a pole or other mounting system, or which is installed on the ground and detached from any other structure, that generates electricity for on-site or off-site consumption.

HABITABLE FLOOR

Any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof.

HAULAGEWAYS

Any on-site roads, including entrances, used by trucks or machinery to carry materials to and from areas of construction or excavation operation areas.

HEIGHT OF A BUILDING

The vertical distance from the main level of the ground surrounding the building to a point at the highest point of the structure, provided that chimneys, spires, towers, elevator, penthouses, tanks and similar permitted projections shall not be included in determining the height, except for considerations in determining the height limits relating to Airport Overlay Districts, in which case the requirements of the district shall govern.

HOME BUSINESS

An occupation or profession as defined under "customary home occupation" which will allow not more than one person, other than a family member residing in the dwelling, to be employed in the business.

INDEPENDENT OPERATOR

A natural person, business, or corporation that provides massage therapy services to another entity under terms specified in a contract or within a verbal agreement. Unlike an employee, an independent operator does not work regularly for an employer but works as and when required.

INSTITUTION

An established organization or corporation, including but not limited to universities, colleges, technical schools, hospitals, clinics, care homes, sanitariums, fraternities, sororities and Town-owned buildings and grounds.

INSTITUTION MASTER PLAN

A graphic comprehensive presentation of the various component buildings, structures and facilities comprising an institution operating on land located in the Town of Chili. The institution's master plan is a dynamic document expressing the official guideline(s) for an institution's growth and development and is, therefore, subject to periodic review and update by the institution's governing body and further subject to review and approval by the Town under this chapter.

INTERIOR PROJECT ROAD

A road wholly within a project or development, whether dedicated or not, which is designed solely to provide access to the residences, lots or development therein.

LARGE WIND ENERGY CONVERSION DEVICE (LWECD)

A WECD primarily generates power on-site to be transferred to a transmission system for distribution to off-site customers or for sale to a distribution company. The definition of LWECD shall also include WECDs erected and used for private use if the maximum height of any system component is greater than 200 feet from the ground surface.

LEQ(60) DBA

The constant sound pressure level in dBA that, over the period of an hour, represents the energy equivalent of the actual sound pressure level in dBA measured over the same period.

LOT

A parcel of land under separate ownership or parcel as designated on a plot plan recorded in the Monroe County Clerk's office.

LOT AREA

The computed area contained within the lot lines; said area to be exclusive of street or alley rights-of-way.

LOT COVERAGE

Notwithstanding the definition of lot coverage found elsewhere in the Town Code, for the purpose of regulations pertaining to solar systems, lot coverage shall also include the area covered by a solar panel (or physically connected group of panels that comprise a solar energy system) as measured on a horizontal plane projected from the perimeter of said panel (or group of panels) vertically to the ground. For panels where the tilt angle is adjusted by week, month, season or other time period, lot coverage shall be determined by the tilt angle producing the greatest lot coverage.

LOT DEPTH

Considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.

LOT WIDTH

Horizontal distance between the side lot lines measured within the lot boundaries or the mean distance between the side lot lines within the buildable area. In the case of a corner lot, "lot width" shall mean the mean horizontal distance between the longest front lot line and the opposite lot line not abutting the street.

LOT, CORNER

A lot abutting the intersection of two or more streets. The front lot line and address of a property on a corner lot shall be determined by the assessment roll of the Town of Chili.

LOT, THROUGH

A lot other than a corner lot fronting on two streets or upon a street and a right-of-way of more than 25 feet in width.

MANUFACTURED HOME

Any home factory-built in the United States to the Housing and Urban Development (HUD) Title 6 construction standards (commonly known as the "HUD" standard). A manufactured home is built on a permanent chassis to ensure transportability. However, typically a manufactured home is not moved from its initial installed site.

MANUFACTURED HOME PARK

Any lot, piece or parcel of ground whereon two or more manufactured homes are parked or located.

MANUFACTURED HOME SALES

A person or persons having for sale new manufactured homes under a manufacturer's franchise or used manufactured homes which they have purchased or taken in trade, but under no circumstances does it apply to manufactured homes owned by individuals which are used by these individuals during some portion of the year.

MASSAGE ESTABLISHMENT

Any business that offers massage, massage therapy or body work or similar services in exchange for compensation, whether at a fixed place of business or at a location designated by the customer or client through outcall massage services. Any business that offers any combination of massage therapy and bath facilities - including, but not limited to, showers, baths, wet and dry heat rooms, pools and hot tubs - shall be deemed a massage establishment under this chapter. The term "massage establishment" or "massage business" includes a certified massage practitioner who is the sole owner, operator and employee of a massage business operating as a sole proprietorship.

MASSAGE PRACTITIONER

Any person duly licensed by the New York State Education Department to engage in massage therapy pursuant to Article 155 of the New York State Education Law.

MASSAGE, MASSAGE THERAPY, or BODY WORK

Refers to any method of treating the external or superficial parts of the body for medical, remedial, health, relaxation or hygienic purposes for any form of compensation by means of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, or stimulating the external parts of the body including, but not limited to, acupressure and acupuncture, with or without the aid of any:

A. Mechanical or electrical apparatus including all methods of or appliances; or
B. Supplementary aids, such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations commonly used in this practice; or
C. Baths, including but not limited to Turkish, Russian, Swedish, Japanese, vapor, shower, electric tub, sponge, mineral, fomentation, or any other type of bath.

MEAN SEA LEVEL

The average height of the sea for all stages of the tide.

MEDIUM WIND ENERGY CONVERSION DEVICE (MWECD)

A WECD which can have a rated capacity more than 10 kW, but is not more than 200 feet in total height from the ground surface to the maximum height of any component of the system, and which is intended to primarily reduce on-site consumption of utility power.

MESSAGE SIGN

A noncommercial advertising sign expressing the opinion or philosophy of the owner or occupant of the subject property regarding social or economic causes.

MINOR REPAIR MOTOR VEHICLE SERVICE STATION

A building where minor repairs to motor vehicles are conducted, such as oil changes, lubrications, tire repairs, muffler and brake repairs and replacements, tune-ups and similar operations which do not, on the average, take more than two hours to complete.

MODULAR DWELLING

A dwelling unit which must be transported to a building site in at least two sections, each of which must be transported separately, which may or may not have a complete heating system or applied siding at the time of transit and shall become a fixed dwelling on rigid supports upon the completion of construction. This does not mean to include precut-section construction techniques.

MOTOR VEHICLE REPAIR STATION

A structure available to the public and operated for commercial gain which is used for the storage, lubricating, washing, equipping, servicing, repair or modification of motor vehicles, including but not limited to engine or transmission repair; body or frame straightening or repair; exhaust repair, painting, refinishing or undercoating; or installation or repair of tires, glass, upholstery or radio or audio equipment.

MOTOR VEHICLE SALES CENTER

A structure available to the public and operated for commercial gain which is used for the purpose of selling motor vehicles and motor vehicle repair parts.

MOTOR VEHICLE SERVICE STATION

A structure available to the public and operated for commercial gain which is used for the sale of automotive fuels, oils or accessories, including lubrication, washing, polishing or cleaning and the replacement or installation of parts not defined under "motor vehicle repair station."

MUNICIPALITY

Any city, town or village of the County of Monroe.

NATIVE PERENNIAL VEGETATION

Native wildflowers, forbs, and grasses that serve as habitat, forage, and migratory way stations for pollinators and shall not include any prohibited or regulated invasive species as determined by the New York State Department of Environmental Conservation.

NET ENERGY METERING, ON-SITE

The acceptance by utilities of balancing the total amount of energy consumed from decentralized sources with the total amount of energy stored on-site by a solar PV system.

NET ENERGY METERING, REMOTE

An arrangement with the electric utility that allows for the kilowatt hours (kWh) generated from a solar PV system located at a specific site to be credited towards kWh of consumption at a different location.

NET METER

A meter used to measure the flow of electricity from the solar photovoltaic (PV) system to the electric utility grid.

NONCONFORMING USE

A use of land or of a building or structure which use lawfully existed at the time of the adoption of this chapter or of any amendment thereto, but which use does not conform with the use regulations imposed by this chapter or such amendment thereto. See also Article VIII.

NUDE MODEL STUDIO

Any place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured or photographed or similarly depicted by other persons who pay money or any form of consideration.

NUDITY or A STATE OF NUDITY

The appearance of human bare buttocks, anus, male genitals, female genitals or full male or female breasts.

OFF-ROAD TRACK

An open area of land used for the operation of motorized vehicles, at any speed, on the same parcel of land, regardless of whether or not the vehicles are involved with any aspect of racing. An off-road track is defined by the absence of natural vegetation caused by the operation of motorized vehicles.

OPEN SPACE

Area unoccupied by any building, structure or parking area, whether paved or unpaved.

OPERATOR or MASSAGE ESTABLISHMENT OPERATOR

Any and all owners of a massage establishment, including any and all independent operators, tenants, lease.

OUTCALL MASSAGE

The engaging in or carrying on of massage therapy for compensation in a location other than the business operations address set forth in the massage establishment's business registration.

OUTDOOR CAFE

Those exterior facilities adjacent to and a part of establishments selling food and/or drink, entirely located on private property, open to the elements except for awnings and/or low walls or fences and temporary or permanent in nature, such as rooftop cafes and those at street level.

OVERLAY ZONE

That area of the Town which may or may not be mapped on the Official Zoning Map and is described in this chapter as having special considerations attached to the primary zone in and above what may be required in the primary zone.

OWNER or MASSAGE ESTABLISHMENT OWNER

Any of the following persons:

A. Any person who is a general partner of a general or limited partnership that owns or operates a massage establishment.
B. Any person who has a 5% or greater ownership interest in a corporation that owns or operates a massage establishment.
C. Any person who is a member of a limited liability company that owns or operates a massage establishment.
D. Any person who has a 5% or greater ownership interest in any other type of business association that owns or operates a massage establishment.

PARKING SPACE

A permanently surfaced and marked area 9.5 feet wide and 19 feet long, excluding paved area necessary for access, for the parking of a motor vehicle.

PERSON

Any individual, firm, association, partnership, corporation, joint venture, limited liability company, or combination of individuals.

PETROLEUM STATION

A structure or structures used or designed to be used for the supply of petroleum and/or other fueling products for the propulsion of vehicles. Also included in this definition is the dispensing of alternative sources of energy to include, but not be limited to, electric, propane and natural gas.

PHARMACY

A retail business primarily for the sale of medicines, drugs, cosmetics, medical supplies, health products and similar goods where the foregoing use occupies no less than 50% of the floor area of said business and where the revenues from sales of the foregoing equal or exceed 50% of gross revenues.

PHARMACY, NEIGHBORHOOD

A retail business primarily for the sale of medicines, drugs, cosmetics, medical supplies, health products and similar goods where the foregoing use occupies no less than 70% of the floor area of said business and where the revenues from sales of the foregoing equal or exceed 70% of gross revenues. Neighborhood pharmacies shall exclude drive-through service, and they shall exclude the sale of refrigerated foods.

PLANNING BOARD

The Planning Board of the Town of Chili, New York.

PLANNING PROGRAM

The updated Town of Chili Comprehensive Plan, Capital Budget Program or any other planning document used to direct the future growth of the Town of Chili.

POLITICAL SIGN

A sign that, by its content, promotes or supports a candidate or candidates for any public office or which advocates a position on upcoming ballot propositions.

POLLINATOR

Bees, birds, bats, and other insects or wildlife that pollinate flowering plants, and includes both wild and managed insects.

POSTER

A sign relating to a single event or activity of a not-for-profit organization, such as a church or scout troop.

PRACTITIONER or MASSAGE PRACTITIONER

Shall be used interchangeably and mean any person who administers massage to another person, for any form of consideration (whether for the massage, as part of other services or a product, or otherwise).

PREEXISTING STRUCTURES

A complete map of the Town of Chili, inventorying and identifying all preexisting structures, municipal buildings or lands, public utility buildings, lands or rights-of-way or special geographic areas (i.e., hills, wooded areas, naturally-screened areas), together with such narrative or technical data or information as the applicant or Town shall deem relevant necessary so as to establish whether or not any of such structures or areas may be suitable for any proposed tower site.

PRIMARY ZONE

That area of the Town which is described in this chapter as having certain uses allowed either outright or conditionally and may or may not be mapped on the Official Zoning Map.

PRIME FARMLAND

Land, designated as "prime farmland" in the U.S. Department of Agriculture Natural Resources Conservation Service (NRCS)'s Soil Survey Geographic (SSURGO) Database on Web Soil Survey that has the best combination of physical and chemical characteristics for producing food, feed, forage, fiber, and oilseed crops and is also available for these land uses.

PRIVATE ANIMAL KENNEL

Any building or lot on which three or more domesticated animals more than six months in age are housed, bred, trained or sold; provided, however, that "private animal kennel" does not include commercial animal kennel. This definition shall not apply to or include domesticated farm animals, including horses, donkey, cattle, sheep, goats, pigs, ducks and geese, poultry and rabbits.

PROFESSIONAL OFFICE

The office of a lawyer, doctor, dentist and any activity or service licensed pursuant to the provisions of the Education Law of the State of New York.

PROPAGATION MAPS

Complete maps, plans, narrative, overlays and analysis of the propagation studies for the proposed tower site, together with all propagation studies for all other proposed or existing tower sites within the Town of Chili or elsewhere which adjoin the proposed tower site or which may impact on the siting process for the proposed tower location.

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PUBLIC AND PRIVATE UTILITY BUILDINGS

Structures which house operating equipment, such as sewer lift stations, electrical switches or transformers, telephone switches, pumping stations and the like.

PURE TONE

Defined to exist if the one-third octave hand sound pressure level in the band, including the tone, exceeds the arithmetic average of the sound pressure levels of the two contiguous one-third octave bands by five dBA for center frequencies of 500 Hz and above, by eight dBA for center frequencies between 160 Hz and 400 Hz, or by 15 dBA for center frequencies less than or equal to 125 Hz.

RACE

The operation of more than two motorized vehicles, off-road vehicles, or motorcycles, either simultaneously or under timed conditions, at any speed on the same parcel of land.

RACE TRACK

In a residential district, any area of land where three or more motor-driven vehicles operate simultaneously, or under time conditions, at any speed. The term shall include any area of land whether or not the area of land consists of a circuit or continuous loop, or whether or not the area of land consists of a defined path or course. This term shall also apply to the operation of off-road vehicles.

RECEPTION AND WAITING AREA

An area immediately inside the front door of the massage establishment dedicated to the reception and waiting of patrons of the massage establishment and visitors, and which is not a massage therapy room or otherwise used for the provision of massage therapy services.

RECREATION VEHICLE

Any device or vehicle, which is used for recreational purposes. For the purpose of this chapter, the definition of a recreational vehicle shall include, but not limited to, travel trailers, pickup campers, motorhomes, boats, boat trailers, snow vehicles, racing vehicles, cycle trailers, personal water craft, utility trailers or similar vehicles or equipment.

RECYCLER UNIT

An enclosure used for the temporary storage and discarding of recyclable materials that include, but are not limited to, aluminum, boxboard, corrugated material, glass bottles, paper products, used clothing and apparel, metal, newsprint, plastic and any allowable material in accordance with Monroe County recyclable waste standards.

REGISTRATION

The business registration required by this chapter to operate a massage establishment.

REHABILITATION

The process to restore a site or building to a state of usefulness.

RESTAURANT

A permanent building used for the serving of meals with table or counter chair facilities. A restaurant with a bar area exceeding 500 square feet or 30% of the dining area shall be classified as a tavern.

RESTAURANT, LIMITED-ALCOHOL

A restaurant which serves alcoholic beverages (including beer, wine and/or liquor) for on-premises consumption as an accessory use to the restaurant operation. Annual gross receipts from the sale of beverages containing alcohol may not exceed 40% of the combined total receipts from food and beverages. Such restaurant shall have a full food menu, a fully equipped kitchen and a kitchen run by a chef. A restaurant with a bar area exceeding 500 square feet or 30% of the dining area shall be classified as a tavern.

RESTAURANT, NO-ALCOHOL

A restaurant which does not serve alcoholic beverages.

RESTORATION

To bring back to an original or former condition.

RESTRICTIVE ZONE

Those zoning classifications of land within the Town of Chili, as more particularly described in Chapter 500, Zoning, Article III, District Regulations, of the Town Code. For the purposes of this article, telecommunications towers shall be located, whenever possible, in the most restrictive zone or on the most intense use property. This preference, from most favorable to least favorable is as follows:

A. Property with existing structure suitable for shared use.
B. GI General Industrial District.
C. LI Limited Industrial District.
D. GB General Business District.
E. PID Planned Institutional Development District.
F. RB Restricted Business District.
G. Neighborhood Business District.
H. PUD Planned Unit Development District.
I. Agricultural Districts.
J. Residential Districts.

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.

SCHOOL OF MASSAGE

Any school or institution of learning that is recognized as an approved school pursuant to New York State Education Law, as currently drafted or as may be amended.

SEMINUDE

A state of dress in which clothing covers no more than the genitals, pubic region and areolae of the female breast, as well as portions of the body covered by supporting straps or devices.

SETBACK

The minimum allowable horizontal distance from a given point or line of reference, such as a street right-of-way, to the nearest vertical wall or other element of a building or structure as defined herein.

SEXUAL ENCOUNTER CENTER

A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:

A. Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
B. Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or seminude.

SEXUALLY ORIENTED BUSINESS

An adult arcade, adult bookstore or adult video store, adult cabaret, adult motion-picture theater, escort agency, nude model studio or sexual encounter center.

SIGN

Any outdoor advertising medium, structure or device which advertises, directs or calls attention to any business, article, substance, service or any other thing which is painted, printed, pasted, posted, or affixed to any building, billboard, wall, fence, railing, natural object or structure of any kind on real property or on the ground itself. Also included are portable signs, whether on their own trailer, wheels or otherwise, designed to be movable, but excluding motor vehicles. Any architectural style, structural alteration or specific coloration of a building or structure which calls attention to a specific place of business by such means shall be considered to be additional signage and shall be subject to the regulations of this section.

SIGN, COMMERCIAL SPEECH

Any sign erected that identifies or pertains to a commercial enterprise or a product, commodity or service offered by a commercial enterprise.

SIGN, NONCOMMERCIAL SPEECH

Any sign, other than a commercial speech sign, as defined herein, used to attract attention to a site. Such signs shall include but not be limited to political, public safety, religious, charitable or other freedom of speech types of signage.

SITE PLAN

A plan, prepared to scale, showing accurately and with complete dimensioning, all of the uses proposed for a specific parcel of land. See also Article V.

SMALL WIND ENERGY CONVERSION DEVICE (SWECD)

A WECD which has a rated capacity of not more than 10 KW, is not more than 65 feet in total height from the ground surface to the maximum height of any component of the system, and is intended to primarily reduce on-site consumption of utility power.

SNOW FENCE

A slotted wood-and-wire fence or industry-standard mesh used to prevent snow drifting over roads and drives and not used as an enclosure.

SOLAR ACCESS

Space open to the sun and clear of overhangs or shade so as to permit the use of active and/or passive solar energy systems on individual properties.

SOLAR ARRAY

Any number of electrically connected solar photovoltaic panels that are connected to the same inverter.

SOLAR ENERGY EQUIPMENT

Electrical material, hardware, inverters, conduit, storage devices, or other electrical and photovoltaic equipment associated with the production of electricity.

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. The area of a solar energy system includes all the land inside the perimeter of the solar energy system, which extends to any interconnection equipment. A solar energy system is classified as either a Tier 1, Tier 2, or Tier 3 solar energy system as follows:

A. Tier 1 solar energy systems are defined as the following:

(1) Roof-mounted solar energy systems.
(2) Building-integrated solar energy systems.

B. Tier 2 solar energy systems are ground-mounted solar energy systems with system capacity up to 25 kW AC, a total surface area of all solar panels on the lot of up to 1,600 square feet and that generate no more than 110% of the electricity consumed on the site over the previous 12 months.
C. Tier 3 solar energy systems are those solar energy systems which are not Tier 1, Tier 2, or Tier 4 solar energy systems.
D. Tier 4 solar energy systems are those solar energy systems producing 25 MW or more. Tier 4 solar energy systems are subject to permitting by the Board of Electric Generation Siting and the Environment ("Siting Board") under Article 10 of the New York State Public Service Law.

SOLAR PANEL

A piece of equipment containing photovoltaic cells that use the sun's light or heat to create electricity.

SOLAR PHOTOVOLTAIC (PV) SYSTEM

A solar energy collection system consisting of solar photovoltaic cells, panels and/or arrays, and other related equipment, which rely upon solar radiation as an energy source for collection, inversion, storage and distribution of solar energy for electricity generation. A solar PV system may be building-mounted, ground-mounted or building-integrated.

SOLE PROPRIETORSHIP

Includes any legal form of business organization where the business owner (sometimes referred to as the "sole proprietor") is the only person employed by that business to provide massage services.

SOLICIT

To request, ask, demand or otherwise arrange for the provision of massage services.

SORORITY HOUSE

A building or portion thereof designed or used by a women's student organization, approved by an institution, for scholastic, professional or extracurricular activities, including the residence or sleeping place of one or more persons belonging to a sorority organization.

SPECIAL FLOOD HAZARD AREA

Shown as Floodplain Overlay District on the Zoning Map, is the land in the floodplain within the municipality subject to a 1% or greater chance of flooding in any given year. It includes the area shown on the FIRM and in the Flood Insurance Study as Zones, A, AO, AI-99, VO and VI-30.

SPECIAL PERMIT USE

A use which is deemed presumptively allowable within a given zoning district but which is potentially incompatible with other uses and, therefore, is subject to special standards and conditions set forth for such use subject to approval by the authorized reviewing board.

SPECIAL USE

The same as a special permit use.

SPECIFIED ANATOMICAL AREAS

The male genitals in a state of sexual arousal and/or the vulva or more intimate parts of the female genitals.

SPECIFIED SEXUAL ACTIVITIES

Any of the following:

A. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;
B. Sex acts, normal or perverted, actual or simulated, including intercourse or copulation or sodomy;
C. Masturbation, actual or simulated; or
D. Excretory functions as part of or in connection with any of the activities set forth in Subsections A, B or C above.

STORAGE BATTERY

A device that stores energy and makes it available in an electrical form.

STORAGE SHED

An accessory structure associated with dwelling units, used to store personal property, excluding motor vehicles.

STORY

That portion of a building included between the surface of the floor and the ceiling next above it having a height of at least seven feet six inches.

STREET

A public thoroughfare or right-of-way dedicated, deeded or condemned for use as such, other than an alley, which affords the principal means of access to abutting property, including avenues, places, ways, drives, lanes, boulevards, highways, roads and any other thoroughfares.

STREET OR HIGHWAY LINE

The line present or proposed which is the joint boundary line between a lot and the street or highway right-of-way.

STRUCTURALLY ALTERED

In addition to its other ordinary applications, any alteration whereby a building or other structure is adapted to another or a different use, and to any alteration or repair which would violate any of the regulations applicable in the district wherein the same is located, if the said building or other structure were entirely constructed or so altered or repaired at the time such alterations or repairs are made.

STRUCTURE

Anything constructed or built, any edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner, which requires location on the ground or is attached to something having a location on the ground, including, but within limitation, swimming and wading pools, covered patios, towers, smokestacks, poles, etc., excepting outdoor areas, such as paved areas, walks, tennis courts and similar recreation areas. All new structures shall conform to this chapter.

STUDENT RESIDENCE

A. A living arrangement consisting of four or more full-time or part-time students living in a dwelling unit, one or more of whom are unrelated by blood, marriage or adoption, and who:

(1) Attend undergraduate colleges or universities;
(2) Attend graduate programs at colleges or universities;
(3) Are on a semester or summer break from studies at colleges or universities; or
(4) Any combination of such persons.

B. The residents of a student residence shall live in a dwelling unit as a single housekeeping unit, doing their cooking on the premises. A student residence shall not include dormitories, fraternities or sororities. The student residence living arrangement shall only he regulated within the Student Residence Overlay District. In all other districts where four or more unrelated students live together, the definition of "family" shall prevail.

SUBSTANTIAL ENLARGEMENT

The increase in floor or shelf area occupied by any sexually oriented business, regardless of whether said business is deemed to be an accessory use, which exceeds 5% of the total floor or shelf area of an existing structure as it existed on the effective date of the Town of Chili Zoning Local Law of 1981.

SUITABLE VEGETATION

Vegetation in sufficient quantity and of sufficient maturity so as to prevent erosion, maintain the general character of the area and provide effective screening when such purpose is warranted.

SUITABLY LANDSCAPED

Landscaped with vegetation of a type sufficient to effectively screen differing uses, enhance the quality of the environment and protect the general welfare.

TAVERN

An establishment serving alcoholic beverages for on-site consumption as the primary use, including bars, cocktail lounges, pubs, saloons, and taverns.

TELECOMMUNICATIONS TOWER

A structure on which transmitting and/or receiving antenna(s) are located.

TOWN BOARD

The Town Board of the Town of Chili, New York.

TOWN ENGINEER

The Town Engineer of the Town of Chili, New York.

TOWN ZONING BOARD OF APPEALS or ZONING BOARD OF APPEALS

The Zoning Board of Appeals of the Town of Chili.

TOWNHOUSE

An independent single-family dwelling unit which is one of a series of dwelling units, having a common party wall between each adjacent unit, each with private outside entrance.

TOWNHOUSE CLUSTERS

A building or group of buildings, with each building containing not more than eight townhouse dwelling units connected by common party walls.

TOWNHOUSE DEVELOPMENTS

A tract of land adequately sized to accommodate the construction of townhouse dwelling units in accordance with the density standards contained elsewhere in these regulations.

TRACT

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.

TRAVEL CENTER

An integrated group of stores, shops and similar establishments contained within a building or buildings, all of which may be deemed to provide services to the traveling public, including but not limited to petroleum sales, motor vehicle repairs, restaurant, hair care, laundry facilities, showers and personal care facilities, professional offices related to the travel center, convenience store, etc. This term shall also include a rest stop for truckers.

TRUCK TERMINAL

A parcel of land with buildings used as a relay station for the transfer of a load from one vehicle to another or one party to another. The terminal cannot be used for permanent or long-term accessory storage for principal land uses at other locations. The terminal facility may include storage areas for trucks and buildings or areas for the repair of trucks associated with the terminal, driver training and support functions and washing and refueling of fleet vehicles.

UNIFORM CODE

The New York State Uniform Fire Prevention and Building Code.

WIDTH OF A BUILDING

The shortest side elevation dimension measured horizontally.

WIND ENERGY CONVERSION DEVICE (WECD)

A machine that converts the kinetic energy in the wind into a usable form of electrical or mechanical energy, commonly known as a "wind turbine" or "windmill."

WIND ENERGY CONVERSION FACILITY (WECF)

Any installation of one or more WECDs including all related infrastructure, electrical lines and substations, access roads and accessory structures.

WIND MEASUREMENT TOWER

A tower used for the measurement of meteorological data such as temperature, wind speed, and wind direction. Such towers are temporary fixtures which are used to test the appropriateness of a site for the use of a WECD and then removed after testing is complete.

YARD

Any area on the same lot with a building or a dwelling group, which area is unoccupied and unobstructed by any structure from the ground upward to the sky, except for the projections as permitted in this chapter.

YARD, FRONT

An area extending the full width of the lot between a building and the front lot line, unoccupied and unobstructed from the ground upward, except as specified elsewhere in this chapter, but may include steps and terraces.

YARD, REAR

An area extending the full width of the lot between a building and the rear lot line, unoccupied and unobstructed from the ground upward, except as specified elsewhere in this chapter.

YARD, SIDE

An area extending from the front yard to the rear yard between a building and the nearest side lot line, unoccupied and unobstructed from the ground upward, except as specified elsewhere in this chapter.

ZONING ORDINANCE or ORDINANCE

This chapter of the Code of the Town of Chili.

ZONING OVERLAY

A zoning overlay map of the Town of Chili, adequately identifying each separate zoning district of the Town as it relates to the proposed grid analysis, propagation map and preexisting structures maps, respectively.

Town of Chili, NY

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