Town of Milo - Definitions

AASHTO American Association of State Highway and Transportation Officials

ABANDONED SIGN

A sign which, for a period of at least one year or longer, no longer identifies or advertises an ongoing business, product, location, service, idea or activity conducted on the premises on which the sign is located. Exemption(s):

A. Off-premise advertising signs that do not contain any advertising copy due to the lack of a lease or rent of such signs, but are being maintained in accordance to this Part 5: Sign Control.

ACCESSORY DRIVEWAY STRUCTURE

Any decorative or functional elements placed on or adjacent to a driveway, including but not limited to fencing, gates, gatehouses, gateposts or pillars.

ADA Americans with Disabilities Act

ADULT ENTERTAINMENT ESTABLISHMENT

Shall be defined and regulated by Chapter 135: Adult Entertainment Establishments as currently in effect and as hereafter amended from time to time.

AERONAUTICAL RELATED USE

A use that provides aeronautical infrastructure and services. Examples are, but shall not be limited to, aircraft repair facilities, aircraft hangers, aircraft fueling facilities, flight instruction and air chartering.

AG Agriculture Zoning District of the Town of Milo

AGENT

A person who shall have charge, care or control of any land, structure, work and/or use on behalf of the owner, or as executor, executrix, administrator, administratrix, trustee or guardian of the estate of the owner. Any such person representing the actual owner shall be bound to comply with the provisions of this chapter to the same extent as if that person was the owner.

AGRICULTURAL BUILDING

A structure designed and constructed to house farm implements, hay, grain, poultry, livestock or other horticultural products. This structure shall not be a place of human habitation or a place of employment where agricultural products are processed, treated or packaged, nor shall it be a place used by the public.

AGRICULTURAL BUSINESS

Any individual, partnership, corporation, limited liability company, organization or business entity primarily supplying marketable agricultural products, including but not limited to breweries, farm cooperatives, farm machinery repair and sales, farm markets, seed processing and supply, and wineries that are not otherwise specifically defined as a "farm operation" by the Agriculture and Markets Law of NYS, as currently in effect and as hereafter amended from time to time.

AGRICULTURAL FAIRGROUND

Shall bear the same meaning as "agricultural fairground" that is defined in Part 7, Subpart 7-5, of the Sanitary Code of NYS, as currently in effect and as hereafter amended from time to time.

AGRICULTURAL SERVICE USE

Any milk processing plant, feed storage supply facility, farm machinery or equipment sales and service facility; bulk storage and/or processing facility for fruits, vegetables and other agricultural products or a similar use directly and customarily related to the supply and service of a farm operation.

AGRICULTURAL TOURISM

Shall bear the same meaning as "agricultural tourism" that is defined in § 301 of the Agriculture and Markets Law of NYS, as currently in effect and as hereafter amended from time to time.

AHJ Authority having jurisdiction

AIRPORT

A. An area of land or water used or intended to be used for the landing and taking off of aircraft; and
B. An appurtenant area used or intended to be used for airport buildings or other airport facilities or rights-of-way; and
C. Airport buildings and facilities located in any of those areas; and
D. Includes a heliport.

AIRPORT, COUNTY

An airport owned and operated by the county.

ALL-WEATHER DRIVING SURFACE

A surface capable of allowing vehicle access during any weather condition, including packed gravel, seal-coated asphalt, asphalt, concrete or similar material.

ALTERATION

A change in the size or shape of an existing sign. Copy or color change of an existing sign is not an alteration. Changing or replacing a sign face or panel is not an alteration.

AMATEUR RADIO COMMUNICATIONS TOWER

A structure or a series of structures, attached to or detached from a principal building or accessory structure, which are used in the transmission of amateur radio communications, which shall include any antennas or other appurtenances (e.g., guy wires).

AMATEUR RADIO SERVICE

The amateur service, the amateur satellite service and the radio amateur civil emergency service.

ANSI American National Standards Institute

APPEAL

Shall bear the same meaning as "appeal" that is defined in § 267-a of the Town Law of NYS, as currently in effect and as hereafter amended from time to time.

APPLICANT

An owner submitting an application to permit development and/or a type of use at his/her/their lot of record in order to obtain a determination by the designated approval authority.

APPROVED

Acceptable to an AHJ.

AR Agricultural Residential Zoning District of the Town of Milo

AREA, BUILDING

Shall bear the same meaning as "building area" that is defined in the Uniform Code.

ASTM American Society for Testing and Materials

ATF United States Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives

ATTIC

The space between the ceiling beams of the top story and the roof rafters.

AUTHORITY HAVING JURISDICTION (AHJ)

An agency, board, department, organization, office or individual responsible for enforcing the requirements of a code or standard, or for approving equipment, materials, an installation, project or a procedure.

BANNER

A temporary sign constructed of a strip of cloth, paper, plastic, or other flexible material upon which copy is written and which is supported between poles or sticks or fastened to buildings or other structures.

BED-AND-BREAKFAST DWELLING

Shall bear the same meaning as "bed-and-breakfast dwelling" that is defined in the Uniform Code.

BOARDING HOME FOR SHELTERED CARE

A single-unit dwelling for the sheltered care of persons with special needs, which, in addition to providing food and shelter, may also provide some combination of personal care, social or counseling services, and transportation. Such home shall be under the custody, licensure, supervision or jurisdiction of an agency or department of NYS and shall comply with the established laws or regulations of that agency or department. For the purposes of this chapter, a boarding home for sheltered care shall be classified as a single-unit dwelling.

BOARDINGHOUSE, LODGING HOUSE or ROOMING HOUSE

A building arranged or used for lodging for compensation, with or without meals, and not occupied as a single-unit dwelling. For the purposes of this chapter, a boardinghouse shall be classified as either a hotel or motel, which such classification is dependent of the location of the door to a sleeping unit, for transient occupancy and as a multiple-unit dwelling where occupants are primarily permanent in nature.

BUFFER

Landscaped areas, fences, walls, berms or any combination thereof used to physically and visually separate one use or lot of record from another in order to mitigate significant adverse impacts, such as, but not limited to, light and noise. Lastly, a buffer required to be installed by this chapter shall have a minimum width of 10 feet and a maximum height of six feet for man-made elements (e.g., fences, walls, etc.) and soft landscaping shall be at least four feet at the time of planting and at least six feet within three years from the date of initial planting.

BUILDING

Any structure utilized or intended for supporting or sheltering any occupancy.

BUILDING COVERAGE

The ratio of the total footprint area of all structures, whether defined as an accessory structure or principal building, on a lot of record to the area of such lot, which shall be expressed as a percentage.

BUILDING ELEVATION

The entire side of a structure, from ground level to the roofline, as viewed perpendicular to the walls on that side of the structure.

BUILDING ENVELOPE

The three-dimensional space within which a structure is permitted to be built on a lot of record.

BUILDING FRONTAGE

The total length in linear feet of the portion of a building that fronts directly on a road. Buildings with no road frontage shall use the linear feet of the portion of a building that has its principal entrance.

BUILDING LINE

A line formed by the intersection of a horizontal plane and a vertical plane that coincides with the exterior surface of a structure on any side. Except for permitted projections into yards as prescribed by this chapter, the vertical plane will coincide with the most projected surface of such structure. All yard requirements are measured to the building line.

BUILDING, PRINCIPAL

A building that is occupied by the principal use of the lot of record on which it is located.

BULK FUEL STORAGE FACILITY

An aboveground installation for the storage, handling and selling of flammable fuels and from which fuels are sold at wholesale or distributed to retail stations. For clarification purposes, any fuel storage tank (e.g., propane) used for private use shall be considered an incidental accessory use to the principal use (e.g., fuel storage tanks for dwellings, greenhouses, milk parlors, etc.).

BULK REGULATIONS

Zoning Ordinance restrictions to provide a combination of controls (e.g., lot size, building coverage, building height, yards, etc.) for the orderly development at a lot of record, which are aimed at providing land and/or structures with, but not limited to, sufficient access, air, fire protection, light and open space.

CAMP, CHILDREN'S OVERNIGHT

Shall bear the same meaning as "children's overnight camp" that is defined in 10 NYCRR, Chapter I, Part 7, Subpart 7-2, Section 7-2.2 of the Sanitary Code of NYS, as currently in effect and as hereafter amended from time to time.

CAMP, SUMMER DAY

Shall bear the same meaning as "summer day camp" that is defined in 10 NYCRR, Chapter I, Part 7, Subpart 7-2, Section 7-2.2 of the Sanitary Code of NYS, as currently in effect and as hereafter amended from time to time.

CAMPGROUND

Any parcel or tract of land, including buildings or other structures, under the control of any person, where three or more campsites are available for temporary or seasonal overnight occupancy.

CAMPING UNIT

This term shall bear the same meaning as "camping unit" that is defined in 10 NYCRR Part 7, Subpart 7-3, as currently in effect and as hereafter amended from time to time.

CAMPSITE

This term shall bear the same meaning as "campsite" that is defined in 10 NYCRR Part 7, Subpart 7-3, as currently in effect and as hereafter amended from time to time.

CANNABIS

All parts of the plant of the genus cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. For the purpose of this definition, "cannabis" does not mean "hemp" as defined by Article 29 of the Agriculture and Markets Law of NYS, as currently in effect and as hereafter amended from time to time.

CANNABIS PRODUCT

Any cannabis, concentrated cannabis, or cannabis-infused or extracted products, or products which otherwise contain or are derived from cannabis, and which have been authorized for distribution to and for use by a cannabis consumer as determined by NYS.

CANNABIS RETAIL DISPENSARY

A business licensed by NYS that may purchase adult-use cannabis products, from adult-use cannabis cultivators, processors or distributors, and that may sell approved adult-use cannabis products, in a retail outlet, in accordance with regulations determined by NYS.

CANOPY SIGN

An on-premises sign attached to or made a part of a canopy; a canopy being a permanent structure which is made of cloth, metal or other approved materials, whether attached or unattached to a building, for the purpose of providing shelter or as a decorative feature. For clarification purposes, an awning sign shall be classified as a canopy sign. Lastly, please refer to Appendix A for examples of awning and canopy signs.

CARETAKER QUARTERS

A dwelling unit occupied by an individual or group of individuals who is/are responsible for maintenance and/or security of a land, structure and/or use. This individual shall be the owner or an employee of the owner.

CEMETERY

Land used for the burial of the dead and any cemetery-related structures located thereon are dedicated for such purpose, which shall include but is not limited to columbaria, crematories and/or mausoleums.

CEO Code Enforcement Officer

CERTIFICATE OF ZONING COMPLIANCE

A certificate issued by the Code Enforcement Officer certifying that a land, structure or use of a land or structure is in compliance with all requirements of this chapter in existence as of the date of the issuance of such certificate.

CFR Code of Federal Regulations

CHANGEABLE MESSAGE CENTER, ELECTRONIC (EMC)

An on-premises, electronically activated changeable permanent sign whose variable message and/or graphic presentation capability can be electronically programmed by computer from a remote location.

Figure 87 - Electronic Changeable Message Center

CHANGEABLE MESSAGE CENTER, MANUAL

An on-premises, permanent sign that is changeable by manual (nonelectronic) means that is composed of individual letters panel-mounted in or on a track system.

Figure 88 - Manual Changeable Message Center

CHANNEL

A natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.

CHILD DAY CARE

Shall bear the same meaning as "child day care" that is defined in 18 NYCRR, Chapter II, Subchapter C, Article 2, Part 413, Section 413.2(a), as currently in effect and as hereafter amended from time to time.

CHILD DAY CARE ESTABLISHMENT

An establishment whose primary use is child day care and is regulated and licensed by OCFS. Such term shall be categorized into the following:

A. CHILD DAY-CARE CENTER — Shall bear the same meaning as "child day-care center" that is defined in 18 NYCRR, Chapter II, Subchapter C, Article 2, Part 413, Section 413.2(b)(1), as currently in effect and as hereafter amended from time to time.
B. FAMILY DAY CARE HOME — Shall bear the same meaning as "family day care home" that is defined in 18 NYCRR, Chapter II, Subchapter C, Article 2, Part 413, Section 413.2(b)(2), as currently in effect and as hereafter amended from time to time.
C. GROUP FAMILY DAY CARE HOME — Shall bear the same meaning as "group family day care home" that is defined in 18 NYCRR, Chapter II, Subchapter C, Article 2, Part 413, Section 413.2(b)(3), as currently in effect and as hereafter amended from time to time.
D. SCHOOL-AGE CHILD CARE PROGRAM — Shall bear the same meaning as "school-age child care program" that is defined in 18 NYCRR, Chapter II, Subchapter C, Article 2, Part 413, Section 413.2(b)(4), as currently in effect and as hereafter amended from time to time.
E. SMALL DAY-CARE CENTER — Shall bear the same meaning as "small day-care center" that is defined in 18 NYCRR, Chapter II, Subchapter C, Article 2, Part 413, Section 413.2(b)(5), as currently in effect and as hereafter amended from time to time.

CO Commercial Zoning District of the Town of Milo

CODE ENFORCEMENT OFFICER

The municipal officer or other authority designated by the Town Board who is charged with the administration and enforcement of this chapter or any other applicable law.

CO-LOCATION

The act of siting a telecommunication facility on an existing telecommunication tower or similar structure (e.g., aboveground water storage tower) without the need to construct a new telecommunication tower.

COMMERCIAL KENNEL

This term shall bear the same meaning as "commercial kennel" that is defined in the Animals Law of the Town of Milo (§ 142-25A), as currently in effect and as hereafter amended from time to time.

COMMERCIAL MESSAGE

A message that identifies a business or advertises a product. This term is also known as "commercial speech."

COMMERCIAL USE

Any activity that sells, offers for sale, or does or offers to exchange for any form of consideration, goods and/or services, regardless if the activity is for profit or not.

COMMERCIAL, HEAVY

A commercial use that generally uses open sales yards, outside equipment storage or outside activities that generate noise or other impacts considered incompatible with less-intense uses. Typical establishments or businesses in this definition are, but shall not be limited to, bulk fuel storage facilities, contractor's storage yards, lumberyards, heavy equipment suppliers, and warehouses.

COMMERCIAL, LIGHT

A commercial use that generally has retail or wholesale sales, office uses, or services, which does not generate noise or other impacts considered incompatible with less-intense uses. Businesses within this definition only include those that conduct sales and storage entirely within an enclosed and permanent structure with the exception of occasional outdoor "sidewalk" promotions. Typical establishments or businesses in this definition are, but shall not be limited to, commercial/public garages, financial institutions (e.g., banks, credit unions, etc.), mercantile occupancies (pharmacy, grocery store, clothing store, etc.), and assembly uses intended for food and/or drink consumption (e.g., tavern, restaurant, etc.).

COMMON OPEN SPACE

Unoccupied land within a cottage housing development, not individually owned or publicly dedicated, that is designed and intended for the common use or enjoyment of such community's occupants and their guests and may include recreational improvements.

COMMUNITY BUILDING

A building owned in common by the cottage housing development's homeowners and designated for multipurpose uses by the cottage housing community. It should be consistent with the design and scale of the cottages, and its use should clearly be accessory to the cottage housing development.

COMPELLING COMMUNICATIONS NEED

A need for relief based upon the inability of the applicant to obtain reasonable communications goals due to engineering or technical limitations or physical characteristics, such as but not limited to trees or structures located on the subject and adjacent lots of record that obstruct or significantly impede communications to and from the subject lot of record.

COMPREHENSIVE PLAN

The declaration of purposes and planning recommendations to help guide the development of the Town.

CONSTRUCTION SIGN

A temporary sign identifying the persons, firms or business directly connected with a construction project.

CONTIGUOUS

Next to, abutting, or touching and having a boundary or portion thereof that is coterminous.

(Note: Lots A and B are contiguous but Lot C is not contiguous to either Lots A or Lot B)

CONTRACTOR'S STORAGE YARD

A lot or portion thereof used to store and maintain construction equipment and other materials and facilities customarily required in the building trade by a construction contractor.

COOKING FACILITIES

Appliances and/or facilities designed to be used for the cooking of food, such as but not limited to an electric griddle, hotplate, microwave oven, oven, range, stove, or toaster oven.

CORRECTIONAL FACILITY

Shall bear the same meaning as "correctional facility" that is defined in Article 1 of the Correction Law of NYS, as currently in effect and as hereafter amended from time to time.

COTTAGE

A detached single-unit dwelling that is part of a cottage housing development.

COTTAGE HOUSING DEVELOPMENT

One or more clusters of single-unit dwellings, where the gross floor area of each dwelling shall not exceed 1,500 square feet, developed under a single land development plan in compliance with the applicable provisions of this chapter.

COUNTRY CLUB

A membership organization formed for recreational purposes which includes a clubhouse, golf course and may include other recreational activities, such as swimming pools, tennis courts and squash courts. Dining facilities, meeting rooms, lounges, snack bars and retail sales may also be permitted as accessory uses.

COUNTY

Yates County, New York.

COUNTY CLERK

The County Clerk of Yates County.

CULTURAL CENTER

A building to present exhibits of cultural, scientific or academic material, live theater and dance performances, musical concerts, cinema, lectures or a combination thereof to the general public as a nonprofit enterprise.

DE MINIMIS

A minimal deviation from the norm or standard.

DENSITY

The maximum number of dwelling units allowed at a lot of record. Such number of dwelling units is computed by dividing the actual lot area of such lot by the minimum lot area required for the zoning district where it is located. For example, the maximum number of dwelling units for a lot of record is two when the actual lot area of a lot of record is eight acres and the minimum lot area for the zoning district where it is located is four acres.

DESIGNATED APPROVAL AUTHORITY

An AHJ that has been charged with the review and approval of applications as prescribed by this chapter.

DEVELOPER

An owner who undertakes development activities.

DEVELOPMENT

Any activity, other than unimproved open space, which materially affects the existing condition or use of any land or structure.

DEVELOPMENT, MIXED USE

A development that combines two or more different types of uses, whether housed in a single building or in separate buildings, at a lot of record. As an example, a building may include commercial uses on the ground floor and residential uses on the upper floors.

DIRECTIONAL SIGN

An on-premises, permanent instructional sign directing or guiding pedestrian and/or vehicular traffic onto the property and/or toward parking or other identified locations on the lot of record.

DOG

This term shall bear the same meaning as "dog" that is defined in the Animals Law of the Town of Milo (§ 142-16A), as currently in effect and as hereafter amended from time to time.

DORMITORY

A building used as a group living quarters for a student body or religious order as an accessory use to a higher education school, boarding school, convent, monastery or similar institutional use. For the purposes of this chapter, a dormitory shall be classified as either a hotel or motel, which such classification is dependent of the location of the door to a sleeping unit, for transient occupancy and as a multiple-unit dwelling where occupants are primarily permanent in nature.

DRIVE-THROUGH WINDOW FACILITY

Any portion of a building from which business is transacted, or is capable of being transacted, directly with customers located in a vehicle during such business transactions. A drive-through window facility is considered an accessory use to a commercial use such as, but not limited to, a bank or restaurant. However, a vehicle service station is not considered a drive-through window facility for purposes of this chapter.

DRIVEWAY

A portion of a lot of record used primarily as a means for vehicle ingress and egress from such lot and the temporary parking for one or more vehicles which are generally associated with the owner of such lot.

DWELLING UNIT

A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

DWELLING UNIT, ACCESSORY

An accessory structure that is a secondary single-unit dwelling located on the same lot of record as the principal building/use, which shall be a single-unit dwelling.

DWELLING, MULTIPLE-UNIT

A building or portion thereof designed for occupancy by three or more families living independently in which they may or may not share common entrances and/or other spaces.

DWELLING, SINGLE-UNIT

A building designed or arranged to be occupied by one family living independently, with such building having only one dwelling unit.

DWELLING, TWO-UNIT

A building designed or arranged to be occupied by two families living independently, with such building having only two dwelling units.

EAF New York State environmental assessment form

ENERGY CODE

The NYS Energy Conservation Construction Code, as currently in effect and as hereafter amended from time to time.

ENVIRONMENTAL ASSESSMENT FORM (EAF)

A form used in the environmental review process prescribed in SEQRA as that term is defined in 6 NYCRR, Chapter VI, Part 617, State Environmental Quality Review, as currently in effect and as hereafter amended from time to time.

EPA United States Environmental Protection Agency

ESSENTIAL PUBLIC SERVICES

Commodities and/or services provided by government and/or public service agencies that provide services on behalf of the public, which are critical to the health, safety, and welfare of the public. Essential public services may include, but are not limited to, governmental offices, parks and recreation facilities; public transit facilities; schools; gas, electric, steam and/or telecommunications distribution and/or generation systems; sanitary sewer, stormwater conveyance and water distribution systems; wastewater treatment plants; water treatment plants; emergency communications systems and their customarily related appurtenances; emergency services; municipal animal shelter; and municipal highway facilities. However, such term shall not include correctional facilities, junkyards and facilities used for the disposal of solid waste.

EXEMPT KENNEL

This term shall bear the same meaning as "exempt kennel" that is defined in the Animals Law of the Town of Milo (§ 142-25A), as currently in effect and as hereafter amended from time to time.

EXISTING BUILDING/STRUCTURE

A building or structure erected prior to the effective date of this chapter, or one for which a legal certificate or permit has been issued by the Town.

FAA United States Federal Aviation Administration

FAMILY

A. One or more persons, which such persons are not necessarily related by adoption, blood, guardianship or marriage, living together in a dwelling unit as a single housekeeping unit. In determining whether a group of persons is living together as a family unit, the following criteria must be present:

(1) The group of persons are one which, in theory, size, appearance, structure and function. resembles a family unit; and
(2) The group of persons share the entire dwelling unit and cook, eat, live and sleep together as a single housekeeping unit. Such housekeeping unit in which the various persons act as separate roomers may not be deemed to be occupied by a family unit; and
(3) The group of persons share expenses for food, rent or ownership costs, utilities and other household expenses; and
(4) The group of persons are categorized as a family unit as prescribed by law.

B. For the purposes of this chapter, this term does not include such person(s) occupying a boardinghouse, dormitory, fraternity, extended stay hotel, hotel, lodging house, motel, rooming house, sorority or like uses; or any group of individuals who are in a group living arrangement as a result of criminal offenses.

FARM OPERATION

Shall bear the same meaning as "farm operation" that is defined in § 301 of the Agriculture and Markets Law of NYS, as currently in effect and as hereafter amended from time to time.

FARM STAND

A structure for the display and sale of farm products primarily grown on the lot of record upon which such stand is located.

FARM WASTE ENERGY SYSTEM

An arrangement or combination of farm waste electric generating equipment or other materials, hardware or equipment necessary to the process by which agricultural waste biogas is produced, collected, stored, cleaned, and converted into forms of energy, such as thermal, electrical, mechanical or chemical, and by which the biogas and converted energy are distributed on-site. It does not include pipes, controls, insulation or other equipment which are part of the normal heating, cooling or insulation system of a structure. Lastly, such system shall be classified as a customarily accessory use to an essential public service or a farm operation.

FARM WORKER HOUSING UNIT

A dwelling unit located on an active farm operation located in an NYS-certified agricultural district that is accessory to such operation and is occupied by employees of the farm, members of the farm household and/or their guests.

FCC Unites States Federal Communications Commission

FDA United States Food and Drug Administration

FIRE SEPARATION DISTANCE

Shall bear the same meaning as "fire separation distance" that is defined in the Uniform Code.

FLOOR AREA, GROSS

Shall bear the same meaning as "floor area, gross" that is defined in the Uniform Code.

FLOOR AREA, NET

Shall bear the same meaning as "floor area, net" that is defined in the Uniform Code.

FOOD PROCESSING ESTABLISHMENT AND COMMISSARY

Shall bear the same meaning as "food processing establishment and commissary" that is defined in Part 14, Subpart 14-1 of the Sanitary Code of NYS, as currently in effect and as hereafter amended from time to time.

FOOTPRINT

The gross floor area of a cottage's ground-level story.

FOOTPRINT, BUILDING

The horizontal area, as seen in plan view, of a structure, measured from the outside of exterior walls and supporting columns.

Figure 7 - Footprint of Various Structure Shapes

FRATERNITY HOUSE or SORORITY HOUSE

A building containing sleeping rooms, bathrooms, common rooms, and a central kitchen and dining room maintained exclusively for fraternity or sorority members and their guests and visitors and affiliated with a higher education school.

FREESTANDING SIGN

An on-premises, permanent sign that is not attached to a building or structure. Please refer to Appendix A for examples of freestanding signs.

FRONTAGE

The width of a lot of record abutting a road that is measured at the front lot line. For clarification purposes, frontage at a lot of record shall not be less than the lot width prescribed in the bulk regulations for the applicable zoning district unless permitted otherwise by this chapter.

FUNERAL ESTABLISHMENT

Shall bear the same meaning as "funeral establishment" that is defined in § 3400 of the Public Health Law of NYS, as currently in effect and as hereafter amended from time to time.

GARAGE, PRIVATE

A detached structure or a portion of a building where vehicles, excluding aircraft, used by the occupants of the principal building at a lot of record are stored. For the purposes of this chapter, this definition shall also include carports and similar types of structures used for the storage of private vehicles.

GOVERNMENTAL SIGN

An on-premises sign erected and maintained pursuant to and in discharge of any governmental functions, or required by law, ordinance or other governmental regulation.

GRADE PLANE

A reference plane representing the average of finished ground level adjoining the structure at exterior walls.

GROSS SIGN AREA

The total area of all signs located on a lot of record.

HA Hamlet Zoning District of the Town of Milo

HEIGHT

The vertical distance from the grade plane immediately under a sign to the highest point of a sign structure, but shall not include architectural embellishments. Additionally, the ground shall not be altered for the sole purpose of providing additional height for a sign.

HEIGHT

The height of the telecommunications facility shall be measured from the grade plane at the base of the telecommunications tower to the highest point of the tower, including, but not limited to, antennas, transmitters, satellite dishes or any other structures affixed to or otherwise placed on such tower. If the base of the telecommunications tower is not on ground level, the height of the telecommunications facility shall include the grade plane at the foundation of the building or structure to which such tower is attached.

HEIGHT, BUILDING

The vertical distance from grade plane to the top of a flat, shed or mansard roof, and the average distance between the bottom of the eaves to the highest point of a pitched, hipped, gambrel, or gable roof.

Figure 10 - Building Height at Various Types of Roofs

Figure 11- Building Height at a Sloped Lot of Record

HELIPORT

An airport, or an area of an airport, used or intended to be used for the landing and takeoff of helicopters.

HIGH VOLUME HYDRAULIC FRACTURING

Hydraulic fracturing using 300,000 gallons or more of water as the primary carrier fluid in the hydraulic fracturing fluid.

HIGH VOLUME WATER WITHDRAWAL SYSTEM

Any water withdrawal system capable of withdrawing water at or above a rate of the threshold volume, which such volume is defined in 6 NYCRR, Chapter V, Subchapter E, Part 601, as currently in effect and as hereafter amended from time to time.

HOLIDAY DECORATIONS

Signs or displays including lighting which are a nonpermanent installation celebrating local, national, religious, state and other holidays or holiday seasons.

HOME OCCUPATION

An occupation or business use that results in a product or service for financial gain and is conducted in whole or in part in a single-unit dwelling or an accessory structure that is an accessory use to such dwelling.

HOME OCCUPATION SIGN

A freestanding sign or wall sign that identifies a permitted home occupation.

HOSPICE

Shall bear the same meaning as "hospice" and "hospice residence" that are defined in Article 40 of the Public Health Law of NYS, as currently in effect and as hereafter amended from time to time.

HOSPITAL

A heavy commercial use providing primary health services as well as medical and surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity, and other abnormal physical or mental conditions and including as an integral part of the institution related facilities, such as but not limited to laboratories, outpatient facilities, training facilities, medical offices, and staff residences.

HOTEL

A building, or any part thereof, that contains sleeping units for transient occupancy; sleeping units face inward with doors opening to interior hallways, a common exterior entrance or entrances (e.g., main lobby) and typically contains one or more additional services, such as but not limited to restaurants, meeting rooms, and recreational facilities intended for use by the hotel's guests.

HOTEL, EXTENDED STAY

A hotel that contains one or more dwelling units for transient occupancy.

HOUSEKEEPING UNIT, SINGLE

A dwelling unit where the occupants have common use and access to all living and eating areas, bathrooms, and food preparation and serving areas.

HUD United States Department of Housing and Urban Development

HVAC Heating, ventilation and air conditioning

HYDRAULIC FRACTURING

A stimulation technique involving the pumping of hydraulic fracturing fluid, possibly with a proppant, into a formation to create fractures to increase formation permeability and productivity, but shall not include other operations during a workover.

HYDRAULIC FRACTURING FLUID

Fluid used to perform hydraulic fracturing, which includes the primary carrier fluid and all applicable additives.

IDENTIFICATION SIGN

An on-premises, permanent sign containing the name or address of a building and may include hours of operation and emergency information.

IESNA Illuminating Engineering Society of North America

ILLUMINATED SIGN

A sign illuminated by a light source. Such a sign shall be classified as either:

A. ILLUMINATED SIGN, EXTERNALLY — A sign illuminated by an external light source. Such source cannot be a device that changes color, flashes, or alternates.

B. ILLUMINATED SIGN, INTERNALLY — A sign illuminated by an internal light source.

INDUSTRIAL USE

Any activity conducted in connection with the manufacture, assembly, disassembly, fabrication, resource recovery, storage or processing of materials or products, all or any part of which is marketed off the premises or marketed to other than the ultimate consumer.

INDUSTRIAL, HEAVY

An industrial use where any portion of the processing, fabricating, assembly, or disassembly takes place within an enclosed building and/or outside or in an open structure. Typical items for processing, fabricating, assembly, or disassembly include, but shall not be limited to, exploration and/or extraction of natural resources (e.g., mining), high volume water withdrawal systems, solid waste transfer stations, steel manufacturing, underground natural gas storage facilities and other related uses, particularly those that require very large buildings, heavy volumes of truck traffic for supplies or shipments, or that may require substantial mitigation to avoid a significant adverse impact to the operational performance standards prescribed in this chapter.

INDUSTRIAL, LIGHT

An industrial use where all processing, fabricating, assembly, or disassembly of items takes places wholly within an enclosed building, serviced by a low to medium volume of vehicles and imposes a negligible impact on the operational performance standards prescribed in this chapter. Typical items for processing, fabricating, assembly, or disassembly tend to be targeted toward the end consumers rather than other businesses, such as, but shall not be limited to, clothing manufacturing, consumer electronics manufacturing, food processing establishments and commissaries, pharmaceuticals and other related uses, particularly those that require a low to medium volume of truck traffic for supplies or shipments and will not create a significant adverse impact to the operational performance standards prescribed in this chapter.

INSTRUCTIONAL SIGN

An on-premises, permanent sign clearly intended for instructional purposes shall not be included in the permitted sum of the sign area, provided such sign is not larger than necessary to serve the intended purpose.

INTERIOR SIGN

Any sign placed within a building, but not including window signs. Interior signs, with the exception of window signs, are not regulated by this Part 5.

ITE Institute of Transportation Engineers

JUNKYARD

Shall be defined and regulated by the Junkyard Law of the Town of Milo (Chapter 234: Junkyards), as currently in effect and as hereafter amended from time to time.

JUSTIFIABLE CAUSE

A reasonable ground for belief that certain alleged facts exist and those facts would induce a prudent public officer, acting within the scope of his or her duties, to believe a cause for the extension of an application, certificate, notice, order or permit is appropriate and proper.

KENNEL

Shall be defined and regulated by the Animals Law of the Town of Milo (Article III: Dog Kennels), as currently in effect and as hereafter amended from time to time.

LAND SURVEYOR

Shall bear the same meaning as "land surveyor" that is defined in Title VIII, Article 145, of the Education Law of NYS, as currently in effect and as hereafter amended from time to time.

LANDMARK SIGN

An on-premises sign or visual element that is designated by the Zoning Board of Appeals as having historic and/or architectural significance. A landmark sign shall be at least 50 years old unless such board makes a finding that a newer sign that contains historic and/or architectural significance should be designated to protect it.

LANDSCAPE ARCHITECT

Shall bear the same meaning as "landscape architect" that is defined in Title VIII, Article 148 of the Education Law of NYS, as currently in effect and as hereafter amended from time to time.

LANDSCAPING

A. The finishing and adornment of yards at a lot of record that are not covered by driveways, parking lots, structures, etc. Typically, landscaping is classified into the following categories:

(1) HARD LANDSCAPING — A type of landscaping which prominently uses hard materials, such as but not limited to concrete, masonry, metals, stone and wood (e.g., outdoor fireplaces, patios, stone walls, etc.). This term is also know as "hardscaping."

(2) SOFT LANDSCAPING — A type of landscaping which prominently uses soft materials, such as but not limited to flowers, grass, shrubs and trees, but may also include container gardens, potted plants, and hanging baskets. This term is also known as "softscaping."

B. For clarification purposes, crops, farm woodlands, nurseries and other agricultural related products and uses as defined in § 301 of the Agriculture and Markets Law of NYS, as currently in effect and as hereafter amended from time to time, shall not be classified as landscaping.

LCOM Lakefront Commercial Zoning District of the Town of Milo

LI Light Industrial Zoning District of the Town of Milo

LICENSED AMATEUR COMMUNICATIONS

Amateur radio operations, also known as the "amateur radio service," as regulated and licensed by the FCC pursuant to 47 CFR Part 97.

LIVESTOCK

Animals other than household pets that shall be permitted to, where permitted, be kept and maintained for commercial production and sale and/or family food production, education or recreation. Farm animals are typically identified by these categories: large animals (e.g., horses and cattle); medium animals (e.g., sheep, swine and goats); or small animals (e.g., rabbits, chinchillas, chickens, turkeys, pheasants, geese, ducks and pigeons).

LIVING QUARTERS, ACCESSORY

A portion of a principal building or an accessory structure that is used solely as a sleeping unit for the occupants of the principal building; such living quarters shall not have a kitchen and shall not be used as an independent dwelling unit.

LOAD BALANCING (NATURAL GAS)

Maintaining system integrity through measures which equalize pipeline (shipper) receipt volumes with delivery volumes during periods of high system usage. Withdrawal and injection operations into underground natural gas storage facilities are often used to balance load on a short-term basis.

LOADING SPACE

An off-street space or berth used for the loading or unloading of cargo, products or materials from vehicles.

LODGING HOUSE

A dwelling unit where one or more occupants are primarily permanent in nature and rent is paid for the use of individual guest rooms.

LOT AREA

The total area within the lot lines of a lot of record, excluding any road right-of-way (ROW).

LOT DEPTH

The smallest distance between the front lot line and the rear lot line at a lot of record.

LOT LINE

Any boundary line of a lot of record.

LOT LINE, FRONT

A lot line that abuts and is parallel to a road, which such line is located at either the center line of a private road or the edge of a public road's right-of-way. On corner lots and double frontage lots, all lot lines that abut a road shall be front lot lines.

LOT LINE, REAR

A lot line which does not intersect a front lot line and is most distant from and most nearly parallel to a front lot line. Corner lots shall not have a rear lot line. For the purposes of this chapter, where the side lot lines of an interior, triangular shaped lot meet in a point, the rear lot line shall be assumed to be a line not less than five feet long drawn within the lot between the two side lot lines, which is equidistant to the front lot line.

Figure 18 - Rear Lot Line at Irregular Shaped Lots of Record

LOT LINE, SIDE

Any lot line other than a front or rear lot line.

LOT OF RECORD

Lands designated as a separate lot on a plat or deed recorded or shall be recorded at the office of the County Clerk.

LOT OF RECORD, NONCONFORMING

A lot of record that was lawful prior to the adoption or amendment of this chapter, but such lot does not comply with currently required standards and/or bulk regulations of the zoning district in which it is now located.

LOT WIDTH

The shortest distance measured between the side lot lines at a lot of record.

LOT, CORNER

A lot of record abutting on two or more roads that intersect at the lot lines of such lot.

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LOT, DOUBLE FRONTAGE

A lot of record that fronts on two roads, which such roads do not intersect at the lot lines of such lot.

LOT, FLAG

A lot which has insufficient frontage on a road to comply with the minimum requirements of this chapter, but which is shaped in such a manner that the portion of the lot closest to the road (i.e., flag pole) can only be used for access purposes and not as a yard or buildable area, and whose width some distance back from the right-of-way is sufficient to provide proper space to meet the yard and setback requirements (i.e., flag).

LOT, INTERIOR

A lot of record other than a corner lot, double frontage lot or a flag lot.

LREC Lakefront Recreational Zoning District of the Town of Milo

LRES Lakefront Residential Zoning District of the Town of Milo

MAJOR ELECTRIC GENERATING FACILITY

Shall be defined and regulated by the Article 10 of the Public Service Law of NYS, as currently in effect and as hereafter amended from time to time.

MAJOR RENEWABLE ENERGY FACILITY

Shall be defined and regulated by Section 94-C of the Executive Law of NYS, as currently in effect and as hereafter amended from time to time.

MANUFACTURED HOME

Shall bear the same meaning as a "factory manufactured home (modular home)" and a "manufactured home" as defined in the Uniform Code. Lastly, said home is a dwelling unit pursuant to state law and shall also be classified as such for the purposes of this chapter.

MANUFACTURED HOUSING COMMUNITY

A lot of record that is under the control of one owner, which such lot has been developed for the purpose of renting or leasing sites for the placement of manufactured homes.

MANUFACTURED HOUSING COMMUNITY SITE

A designated parcel of land in a manufactured housing community designed for accommodating one manufactured home, its accessory structures and accessory equipment for the exclusive use of the occupants of the manufactured home.

MARINA

A commercial enterprise for the purpose of the sale of watercrafts and marine accessories, supplies and fuel; the rental or charter of watercraft, marine equipment, dock and mooring space; winter storage; service and repair of marine equipment and watercraft; launching of watercrafts; and overnight guest facilities or any combination thereof.

MARQUEE

A permanent canopy that is designed by a registered design professional that extends more than two feet from part or all of a building face, which may or may not project over a public right-of-way.

MARQUEE SIGN

Any on-premises sign painted on or attached to or supported by a marquee.

MEDICAL MARIJUANA

Shall bear the same meaning as "medical marijuana" that is defined in Article 33 of the Public Health Law of NYS, as currently in effect and as hereafter amended from time to time.

MEDICAL MARIJUANA DISPENSARY

A business that is registered to operate in NYS, that sells or otherwise distributes medical marijuana to certified patients and/or designated caregivers.

MHWL Mean high-water line

MIDWIFERY BIRTH CENTER

Shall bear the same meaning as "midwifery birth center" that is defined in 10 NYCRR, Chapter V, Subchapter C, Part 795, as currently in effect and as hereafter amended from time to time.

MINERAL (MINING)

Any naturally formed, usually inorganic, solid material located on or below the surface of the earth. For the purposes of this chapter, peat and topsoil shall be considered minerals.

MINING

The extraction of overburden and minerals from the earth; the preparation and processing of minerals, including any activities or processes or parts thereof, for the extraction or removal of minerals from their original location and the preparation, washing, cleaning, crushing, stockpiling or other processing of minerals at the mine location so as to make them suitable for commercial, industrial, or construction use, exclusive of manufacturing processes, at the mine location; the removal of such materials through sale or exchange, or for commercial, industrial or municipal use; and the disposition of overburden, tailings and waste at the mine location. This term shall not include the excavation, removal and disposition of minerals from construction projects, exclusive of the creation of water bodies, or excavations in aid of agricultural activities.

MOBILE HOME

A factory-manufactured dwelling unit built prior to June 15, 1976, with or without a label certifying compliance with NFPA, ANSI or a specific state standard, transportable in one or more sections, which, in the traveling mode, is eight feet or more in width or 40 feet or more in length, or, when erected on site, is 320 square feet minimum, constructed on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein. The term "mobile home" shall not include travel trailers or any self-propelled recreational vehicle. The new installation of a mobile home shall be prohibited in the Town, but existing mobile homes are allowed to remain but shall be classified as a nonconforming use.

MOTEL

A one- or two-story building or group of buildings, whether detached or in connected units, used as individual living and sleeping accommodations for hire that are designed primarily for transient occupancy and are provided with separate exterior entrances to parking facilities. Such accommodations are open to the exterior of the building and are usually surrounded by a common balcony or patio. Such term includes buildings designed as tourist courts, motor lodges, motor inns, auto courts, and other similar designations, but shall not be construed to include camping units and/or manufactured homes.

MULTIPLE RESIDENCE LAW

The Multiple Residence Law of NYS, as currently in effect and as hereafter amended from time to time.

MULTITENANT SIGN

An on-premises freestanding sign used to advertise businesses that occupy a shopping center or complex with multiple tenants.

MURAL

A type of public art that is typically a hand-painted, hand-tiled, or digitally printed image on the exterior wall of a building that does not contain any commercial message.

MUSEUM

An institution for the acquisition, preservation, study and exhibition of works of artistic, historical and/or scientific value as well as a combination thereof.

NATE National Association of Tower Erectors

NATURAL GAS AND/OR PETROLEUM EXPLORATION

Geologic or geophysical activities related to the search for natural gas, petroleum or other subsurface hydrocarbons, including prospecting, geophysical and geologic seismic surveying and sampling techniques, which include but are not limited to core or rotary drilling or making an excavation in the search and evaluation of natural gas, petroleum, or other subsurface hydrocarbon deposits.

NATURAL GAS AND/OR PETROLEUM EXPLORATION, EXTRACTION AND/OR PRODUCTION MATERIALS

Any solid, semisolid, liquid, semiliquid or gaseous material used in the exploration, extraction and/or production of natural gas.

NATURAL GAS AND/OR PETROLEUM EXPLORATION, EXTRACTION AND/OR PRODUCTION WASTES

Any garbage, refuse, cuttings, sludge, flowback fluids, produced waters or other discarded materials, including solid, liquid, semisolid, or contained gaseous material that results from or is associated with the exploration, drilling or extraction of natural gas and/or petroleum.

NATURAL GAS AND/OR PETROLEUM EXTRACTION

The digging or drilling of a well for the purposes of exploring for, developing or producing natural gas, petroleum or other subsurface hydrocarbons.

NATURAL GAS AND/OR PETROLEUM SUPPORT ACTIVITIES

The construction, use, or maintenance of a storage or staging yard, a water or fluid injection station, a water or fluid gathering station, a natural gas or petroleum storage facility, or a natural gas or petroleum gathering line, venting station, or compressor that is directly associated with the exploration and/or extraction of natural gas or petroleum.

NATURAL GAS AND/OR PETROLEUM WASTES DUMP

Land upon which natural gas and/or petroleum extraction, exploration or production wastes, or their residue or constituents. before or after treatment, are deposited, disposed, discharged, injected, placed, buried or discarded, without any intention of further use.

NEC National Electrical Code

NESC National Electrical Safety Code

NFPA National Fire Protection Association

NONCOMBUSTIBLE SIDING

A siding material that is not capable of igniting and burning. For example, technical data sheets for fiber cement products state that they qualify as a noncombustible material according to ASTM E-136, which is the nationally recognized standard test procedure that is used to determine if a material qualifies as being noncombustible.

NONCOMMERCIAL KENNEL

This term shall bear the same meaning as "noncommercial kennel" that is defined in the Animals Law of the Town of Milo (§ 142-25A), as currently in effect and as hereafter amended from time to time.

NONCOMMERCIAL MESSAGE SIGN

Any sign containing a political, philosophical, religious or other message not used for commercial purposes and not made in furtherance or promotion of a commercial product, service or enterprise.

NONCONFORMING SIGN

A sign which was validly installed under laws or ordinances in effect at the time of its installation, but which is in conflict with the current provisions of this Part 5.

NONPARTICIPATING OWNER

Any owner of a lot of record that has not entered into any agreement with a wind energy developer to allow for a wind energy conversion system on or near their lot of record.

NOTICE OF VIOLATION

An order issued by the Code Enforcement Officer pursuant to this chapter.

NRA National Rifle Association

NRC Unites States Nuclear Regulatory Commission

NRCS United States Natural Resources Conservation Service

NURSERY

Shall bear the same meaning as "nursery" that is defined in Article 14 of the Agriculture and Markets Law of NYS, as currently in effect and as hereafter amended from time to time. However, such use shall not be permitted to conduct mining operations unless permitted otherwise by this chapter.

NURSERY, RETAIL

A commercial use engaged in the cultivation, delivery, design, growing, installation, maintenance, storage and/or sale of flowers, grass, shrubs, trees or other live plant materials, as well as the sale of fertilizers, firewood, garden and/or lawn accessories and ornaments, holiday and seasonal items and decorations, irrigation products, landscaping products, mulch, pots and pottery products, soil and soil amendments, stone and similar accessory and ancillary products, to the general public. However, such use shall not be permitted to conduct mining operations unless permitted otherwise by this chapter.

NYCRR New York Codes, Rules and Regulations

NYS New York State

NYSDAM New York State Department of Agriculture and Markets

NYSDEC New York State Department of Environmental Conservation

NYSDOH New York State Department of Health

NYSDOT New York State Department of Transportation

NYSED New York State Department of Education

NYSERDA New York State Energy Research and Development Authority

NYSOFA New York State Office of the Aging

NYSOPRHP New York State Office of Parks, Recreation and Historic Preservation

OCFS New York State Office of Children and Family Services

OFF-PREMISES SIGN

An outdoor sign whose message directs attention to a specific business, product, service, entertainment event or activity, or other commercial or noncommercial activity, or noncommercial message about something that is not sold, produced, manufactured, furnished, or conducted at the property upon which the sign is located. Such a sign shall be classified as either:

A. OFF-PREMISES SIGN, ADVERTISING — Any sign advertising a product, service, business or activity sold, located or conducted elsewhere than on the lot of record in which such sign is located.

Figure 99 - Off-Premises Sign, Advertising

B. OFF-PREMISES SIGN, DIRECTIONAL — Any sign indicating the location of or directions to a business, office or other activity located or conducted elsewhere than on the lot of record in which such sign is located.

Figure 100 - Off-Premises Sign, Directional

ON-PREMISES SIGN

An outdoor sign whose message and design relates to an individual business, profession, product, service, event, point of view, or other commercial or noncommercial activity sold, offered, or conducted on the same property where the sign is located.

OPEN SPACE

Any area of land and/or water within a manufactured housing community, not individually owned or publicly dedicated, that is designed and intended for the common use or enjoyment of such community's occupants and their guests and may include recreational improvements as are necessary and appropriate. A maintenance and ownership agreement shall be prepared, approved by the Town Attorney and recorded at the Office of the County Clerk for all proposed open space. The Town shall not be held responsible for any ownership or maintenance of any proposed open space.

OPEN SPACE

Any area of land and/or water within a planned unit development, not individually owned or publicly dedicated, that is designed and intended for the common use or enjoyment of such development's occupants and their guests and may include recreational improvements as are necessary and appropriate. A maintenance and ownership agreement shall be prepared, approved by the Town Attorney and recorded at the office of the County Clerk for all proposed open space areas. The Town shall not be held responsible for any ownership or maintenance of any proposed open space.

OPERATIONAL PERFORMANCE STANDARDS

A set of criteria or limits relating to certain characteristics that a particular use may not exceed.

OSHA United States Occupational Safety and Health Administration

OUTDOOR RETAIL SALES

The display and sale of products and services, primarily outside of a structure, such as but not limited to vehicles; garden supplies, flowers, shrubs and other plant materials; gas, tires and motor oil; food and beverages; burial monuments; and building and landscape materials.

OUTDOOR SPORTSPERSON CLUB

A building, facility or lands owned and maintained by a membership organization for the purpose of providing outdoor recreational opportunities for members and their guests, such as but not limited to archery ranges, camping, shooting range facilities (whether for practice, education or competition), hunting and trapping, and all-terrain vehicle, snowmobile and other off-road motor vehicle trails; provided, however, that no motorized racing is involved. Food, meals and beverages may be served on such premises, provided adequate dining room space and/or kitchen facilities are available. Lastly, recreational cabins used in conjunction with an outdoor sportsperson club, which is used solely by such club's members, shall be classified as an accessory structure.

OUTDOOR WOOD BOILER

Shall bear the same meaning as "outdoor wood boiler" that is defined in 6 NYCRR, Chapter III, Subchapter A, Part 247, Outdoor Wood Boilers, as currently in effect and as hereafter amended from time to time.

OVERSPEED CONTROL

A mechanism used to limit the speed of blade rotation to below the design limits of the wind energy conversion system.

OWNER

Any person, agent, operator, firm or business entity having a legal or equitable interest in the property as recorded in the official records of the county as holding title to the property.

PARK

A tract of land that is publicly owned and dedicated or designated by any federal, state or local government or agency primarily for active and/or passive public recreational purposes.

PARKING LOT

An open area, other than a road, used for the parking of vehicles.

PARKING SPACE

A space within a structure, or private or public parking lot, exclusive of driveways, ramps, columns, office and work areas, for the parking of vehicles.

PARTICIPATING OWNER

Any owner of a lot of record that has entered into an agreement with a wind energy developer to allow a wind energy conversion system on or near their property. For clarification purposes, a wind energy developer can also be an owner of a lot of record who has independently installed a wind energy conversion system at his/her/their such lot.

PERMANENT PLACE OF ABODE

Shall be defined and regulated by Tax Bulletin No. TB-IT-690, dated December 15, 2011, issued by the NYS Department of Taxation and Finance, as currently in effect and as hereafter amended from time to time.

PERMANENT SIGN

Any sign intended and installed to be permanently in place at a given location by means of suitable fastening to a building or to a structure specifically erected to hold such sign(s) or to the ground.

PERSON

A natural person, heirs, executors, administrators or assigns, and includes a firm or business entity, its or their successors or assigns, or the agent of any of the aforesaid.

PLACE OF WORSHIP

Any building, together with its accessory structures and uses, where persons regularly assemble for religious worship, and which building is maintained and controlled by a religious body organized to sustain public worship.

PLANNED UNIT DEVELOPMENT

A development that contains a combination of commercial, industrial and/or residential uses that are guided by a total design plan in which one or more of the zoning regulations, other than use regulations, shall be permitted to be waived or varied to allow flexibility and creativity in site and building design and location, in accordance with the applicable regulations for such development as prescribed by this chapter.

PLANNING BOARD

The Planning Board of the Town of Milo.

POLITICAL SIGN

A temporary sign identifying, either singly or combined, a political candidate, slate of candidates, issue, or party. These signs are used or intended to be used for the display of any announcement, advertisement or notice of any individual candidate or slate of candidates for any public office or similar political purposes.

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

Land, structure and/or use held in private ownership in accordance to the records of the Town Assessor. For example, an on-site residential wastewater treatment system (AKA "septic system") on a lot of record that is held in private ownership is classified as a private system. Conversely, a wastewater treatment plant that is held in public ownership (e.g., county, Town, etc.) is classified as a public system.

PRIVATE CLUB

An association organized and operated on a nonprofit basis for persons who are bona fide members paying dues, which association owns or leases premises, the use of which premises is restricted to such members and their guests, and which manages the affairs of such association by and through a board of directors, executive committee, or similar body chosen by the members. Food, meals and beverages may be served on such premises, provided adequate dining room space and kitchen facilities are available. (e.g., American Legion, Elks Lodge, Knights of Columbus, Masonic Society, Rotary Club, etc.)

PRIVATE SMALL ANIMAL OPERATION

Small livestock that are kept for the private use of the owner of a lot of record and are not sold, which includes but is not limited to its eggs, for sale.

PRIVATE STABLE

A horse or horses that are kept for the private use of the owner of a lot of record and are not for hire, remuneration or sale.

PROFESSIONAL ENGINEER

An individual who is a licensed and registered professional engineer (PE) in accordance with Article 145 of the Education Law of NYS, as currently in effect and as hereafter amended from time to time.

PROFESSIONAL OFFICE

A light commercial use whose primary purpose is to provide services from one or a practice consisting of a group of accountants, doctors or other duly licensed medical practitioners or therapists, dentists or orthodontists, insurance agents, lawyers, real estate agents or brokers, registered design professionals, securities brokers or similar professions.

PROFESSIONAL TRAFFIC OPERATIONS ENGINEER (PTOE)

A certification sponsored by the Transportation Professional Certification Board, Inc., and promulgated by the Institute of Transportation Engineers. The certification process, which is adopted for professional traffic operations engineers, requires the holder to be a professional engineer and builds on/supports the practice of professional engineering registration.

PROJECTING SIGN

An on-premises building-mounted sign with the faces of the sign perpendicular to the building fascia. Please refer to Appendix A for examples of projecting signs.

PUBLIC ART

Art in any media that has been planned and executed with the intention of being staged in the physical public domain, which is typically outside and accessible to all, and does not contain a commercial message.

PUBLIC SERVICE AGENCY

A business entity or public agency supplying a commodity (e.g., cable, electricity, gas, internet, telephone, etc.) or service (e.g., fire protection, law enforcement, public works, sewer distribution and/or treatment, water distribution and/or treatment, etc.) to any or all members of a community.

REAL ESTATE SIGN

A temporary sign pertaining to the sale, exchange, lease, rental, or availability of land, buildings, condominium and similar units, or apartments. Such signs may include building name and address, price and amenities, identity of seller or broker, and similar information.

RECREATION, ACTIVE

Recreational activities, other than golf courses, that require special facilities, fields, or equipment, such as playgrounds, ice skating rinks, running tracks, and athletic facilities, including playing fields for athletic events, tennis courts, basketball courts, and swimming pools. It shall not include any other use that is defined and/or regulated by this chapter.

RECREATION, PASSIVE

Recreational activities that do not require prepared facilities, like sports fields or pavilions, which shall not alter the existing topography of the site. Passive recreational activities place minimal stress on a site's resources; as a result, they can provide ecosystem service benefits and are highly compatible with natural resource protection. Examples are bicycling, bird watching, hiking, picnicking, observing and photographing nature, running, walking and wildlife viewing. It shall not include any other use that is defined and/or regulated by this chapter.

RECREATIONAL ACTIVITIES

Recreational activities that are active and/or passive recreation.

RECREATIONAL CABIN

A structure designed and used only for occasional use and primarily for hunting, fishing and/or similar purposes that complies with all of the following requirements:

A. Shall be designed and used as a sleeping unit; and
B. Shall be a one-story structure but may include a sleeping loft; and
C. Shall be equal to or less than 500 square feet in gross floor area; and
D. Shall not have cooking facilities.

RECREATIONAL FACILITY

An enclosed building that is designed, constructed, designated, or used for indoor fitness and recreational activities. Examples are bowling alleys, gymnasiums, gymborees, health clubs, swimming pools, weight and fitness rooms, and wellness centers. It shall not include any other use defined and/or regulated by this chapter.

REGISTERED DESIGN PROFESSIONAL

An individual who is a registered architect (RA) in accordance with Article 147 of the Education Law of NYS or a licensed professional engineer (PE) in accordance with Article 145 of the Education Law of NYS, as currently in effect and as hereafter amended from time to time.

RESIDENTIAL AIRCRAFT HANGAR

An accessory structure less than 2,000 square feet and 20 feet in building height, constructed on a lot of record that is contiguous to a county airport, has written permission to access the county airport from such lot (e.g., no travel over public roads nor other lots of record) and contains a single-unit dwelling. Such hanger shall be used for the storage of owner's private aircraft and considered as an accessory use customarily incidental to the dwelling.

RESIDENTIAL CARE/ASSISTED LIVING FACILITY

A building or part thereof housing persons, on a twenty-four-hour basis, who, because of age, mental disability or other reasons, live in a supervised residential environment which provides personal care services. The occupants are capable of responding to an emergency situation without physical assistance from staff. This classification shall include, but not be limited to, the following: residential board and care facilities, assisted living facilities, halfway houses, group homes, congregate care facilities, social rehabilitation facilities, alcohol and drug abuse centers and convalescent facilities.

RETAINING WALL

A wall designed to prevent the lateral displacement of soil or other materials.

RIGHT TO FARM

Public policy designed to protect farmers against municipal regulations, private nuisance suits and unnecessary constraints on agricultural management practices, if these practices are consistent with federal and state law.

ROAD

A public or private way which permits conducting of vehicular traffic and/or affords the primary means of access by vehicles and pedestrians to abutting lots, which shall include the entire area within the right-of-way.

ROAD, LAKE

Roads that are classified as lake roads are prescribed in Appendix E of this chapter.

ROOF SIGN

A sign mounted on the main roof portion of a building or on the uppermost edge of a parapet wall of a building and which is wholly or partially supported by such building. Signs mounted on mansard facades, pent eaves, and architectural projections, such as canopies or marquees, shall not be considered to be roof signs. Please refer to Appendix A as well as Appendix C of this chapter for examples of roof signs and the difference between roof and wall signs.

SCHOOL

Any building or part thereof that is designed, constructed and/or used for education and/or instruction in any branch of knowledge.

SCHOOL, ELEMENTARY

A school whose use meets the state requirements for elementary education, and does secure the major part of its funding from a government agency.

SCHOOL, HIGHER EDUCATION

Shall bear the same meaning as "higher education" that is defined in § 2 of Title 1, Article 1, of the Education Law of NYS, as currently in effect and as hereafter amended from time to time.

SCHOOL, PAROCHIAL

A school supported, controlled and operated by a religious organization.

SCHOOL, PRIVATE

A school whose use meets the state requirements for elementary and/or secondary education, and does not secure the major part of its funding from any government agency.

SCHOOL, SECONDARY

Shall bear the same meaning as "secondary school" that is defined in § 2 of Title 1, Article 1, of the Education Law of NYS, as currently in effect and as hereafter amended from time to time.

SEQRA New York State Environmental Quality Review Act

SERVICE BUILDING

A structure built to accommodate services for the occupants of the manufactured housing community, such as but not limited to the management office, indoor recreational facilities (e.g., gym, indoor swimming pool, etc.) and light commercial uses supplying essential goods or services (e.g., convenience store, ice cream parlor, laundry facilities, etc.). Such services may be open to the public but the structure accommodating such service shall be located so it is adjacent to a public road, separated from a manufactured housing community side by 25 feet and shall provide the minimum number of parking spaces required for such use as prescribed by this chapter.

SETBACK

The distance measured from the closest extension of a rotor blade of a wind energy conversion system to an adjacent building, lot line, structure and/or use. For the purpose of this section, measurement shall be made in a straight line without regard to topography. Presence of a Town, village or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the setback requirements of this section.

SETBACK

The minimum required distance between a lot line and a building line.

SIGN

Any device visible from a public way whose essential purpose and design is to convey either commercial or noncommercial messages by means of graphic presentation of alphabetic or pictorial symbols or representations. In addition, a sign shall include its sign structure for the purposes of this article. Lastly, noncommercial flags or any other flags will not be considered to be signs.

SIGN AREA

The area of the smallest geometric figure, or the sum of the combination of regular geometric figures, which comprise the sign face. Please refer to Appendix B of this chapter for computational methodology for various sign area configurations.

SIGN COPY

The letters, numerals, figures, symbols, logos and graphic elements comprising the content or message of a sign, exclusive of numerals and/or letters identifying an address.

SIGN FACE

The surface upon, against or through which the sign copy is displayed or illustrated, not including structural supports, architectural features of a building or sign structure, nonstructural thematic or decorative trim, or any areas that are separated from the background surface upon which the sign copy is displayed by a distinct delineation, such as a reveal or border. Please refer to Appendix B of this chapter for sign face computational illustrations.

A. In the case of panel or cabinet-type signs, the sign face shall include the entire area of the sign panel, cabinet or face substrate upon which the sign copy is displayed or illustrated, but not open space between separate panels or cabinets.
B. In the case of signs painted on a building, or individual letters or graphic elements affixed to a building or structure, the sign face shall comprise the sum of the geometric figures or combination of regular geometric figures drawn closest to the edge of the letters or separate graphic elements comprising the sign copy, but not the open space between separate groupings of sign copy on the same building or structure.
C. In the case of sign copy enclosed within a painted or illuminated border, or displayed on a background contrasting in color with the color of the building or structure, the sign face shall comprise the area within the contrasting background, or within the painted or illuminated border.

SIGN STRUCTURE

The aboveground poles, beams, columns, posts, foundations and/or framing providing structural support for the sign face.

SITE

The lot(s) of record where the wind energy conversion system is to be placed, including related tower and transmission equipment. The site may be publicly or privately owned by an individual or group of individuals controlling single or adjacent lots of record. Where multiple lots of record are in joint ownership, the combined lots shall be considered as one for purposes of applying setback requirements.

SITE

An area of land, which may be categorized as a lot of record, multiple lots of record or a portion of a lot of record.

SITE PLAN

A plan that outlines the use and development of any tract of land.

SLEEPING UNIT

A room or space in which people sleep, which can also include permanent provisions for living and sanitation but not kitchen facilities. Such rooms or spaces that are also part of a dwelling unit are not sleeping units.

SOLAR PHOTOVOLTAIC SYSTEM

Devices such as but not limited to photovoltaic (PV) modules and inverters that are used to transform solar radiation into energy.

SOLAR THERMAL SYSTEM

Devices such as but not limited to solar thermal collectors, pumps and water storage tanks that uses solar radiation to heat water or air for use within a structure for water heating, process heat, space heating or space cooling.

SOLID WASTE MANAGEMENT FACILITY

Shall bear the same meaning as "solid waste management facility" that is defined in 6 NYCRR, Chapter IV, Subchapter B, Part 360, Solid Waste, as currently in effect and as hereafter amended from time to time.

SOLID WASTE TRANSFER FACILITY

This term shall bear the same meaning as "transfer station" that is defined in 6 NYCRR, Chapter IV, Subchapter B, Part 360, Solid Waste, as currently in effect and as hereafter amended from time to time.

SPECIAL EVENT

An event of temporary and limited duration, including, by way of example and not limitation, yard sales, sidewalk and boardwalk sales, special promotions, and public events.

SPECIAL EVENT SIGN

A temporary sign that is used to advertise or promote a special event.

SPECIAL USE PERMIT

Shall bear the same meaning as a "special use permit" that is defined in § 274-b of the Town Law of NYS, as currently in effect and as hereafter amended from time to time.

STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQRA)

The rules, regulations and procedures set forth in 6 NYCRR, Chapter VI, Part 617, State Environmental Quality Review, as currently in effect and as hereafter amended from time to time, which implements Article 8 of the Environmental Conservation Law of NYS, where such state law establishes the requirement for environmental review of actions approved, funded or directly undertaken by state or local government.

STEEP SLOPE

Shall bear the same meaning as "steep slope" that is defined in the Protection of Steep Slopes Law of the Town (Chapter 287: Steep Slopes), as currently in effect and as hereafter amended from time to time.

STOP-WORK ORDER

An order issued by the Code Enforcement Officer pursuant to this chapter.

STORAGE FACILITY, SELF-SERVICE

A structure comprised of small self-contained units that are leased to individuals or businesses for the storage of household or business goods and supplies.

STORAGE, OUTDOOR

The keeping of any inventory, goods, material, or merchandise, including raw, semifinished, and finished materials for any period of time, and as an accessory to the primary use of the establishment, which is typically located at commercial and industrial uses. Storage related to a residential use, which are not classified as "junk" as defined and regulated by the Junk Storage Law of the Town of Milo (Chapter 230: Junk Storage), as currently in effect and as hereafter amended from time to time, shall not be considered as such. However, this term shall not be deemed to apply to:

A. Agricultural equipment, materials and/or products used in conjunction with a farm operation; and
B. Construction materials stored on a site during a period of construction; and
C. Parking of customer or employee vehicles.

STORY

That portion of a structure included between the upper surface of a floor and the upper surface of the floor or roof next above. It is measured as the vertical distance from top to top of two successive tiers of beams or finished floor surfaces and, for the topmost story, from the top of the floor finish to the top of the ceiling joists or, where there is not a ceiling, to the top of the roof rafters.

STORY ABOVE GRADE PLANE

Any story having its finished floor surface entirely above grade plane, or in which the finished surface of the floor next above is:

A. More than six feet (1,829 mm) above grade plane; or
B. More than 12 feet (3,658 mm) above the finished ground level at any point; or
C. Not classified as an attic.

STREAM

The full length and width, including the bed and banks, of any watercourse, that has a channel which periodically or continuously contains moving water. It further has a defined bed, and has banks that serve to confine water at low to moderate flows. For the purpose of this chapter, constructed drainageways, including water bars, swales, and roadside ditches, are not considered streams.

STREAM BANK

The lateral confines of a stream which contain the normal flow of such stream.

STREAM BANK, TOP OF

The primary edge of the ordinary high-water mark, or break in slope for a watercourse, which maintains the integrity of the stream.

STREAM, PERENNIAL

A protected stream classified by the NYSDEC, which includes water bodies in the course of a stream of 10 acres or less, with a classification of AA, A or B, or with a classification of C with a standard of (T) or (TS). Said streams are illustrated in the NYSDEC Environmental Resource Mapper and/or other approved sources (e.g., Yates County Soil and Water Conservation District.)

STRUCTURALLY SOUND

Substantially free from flaw, defect, decay or deterioration to the extent that the building or structure or structural member is capable of adequately or safely accomplishing the purpose for which it was intended or designed.

STRUCTURE

That which is built or constructed.

STRUCTURE, ACCESSORY

A structure that is subordinate to, incidental to and customarily found in connection with a permitted principal use located at the applicable lot of record. When a lot of record has a principal building located thereon, an accessory structure shall be detached from such principal building. For clarification purposes, a structure is not considered an "accessory structure" if the principal building and/or use is classified as a nonconforming, prohibited and/or special use by this chapter.

STRUCTURE, NONCONFORMING

A structure that was lawful prior to the adoption or amendment of this chapter but such structure does not comply with currently required standards and/or bulk regulations of the zoning district in which it is now located.

STRUCTURE, SHORELINE

A structure on a lot of record that is located at the water's edge or extending into the lake, including, but not limited to, docks, boathouses and shoreline protection structures.

STRUCTURE, TEMPORARY

A structure that is erected without any foundation or footing and is removed when the designated time period, activity or use for which such structure was erected has ceased.

SUMMER CAMP CABIN

Shall bear the same meaning as "summer camp cabin" that is defined in 10 NYCRR, Chapter I, Part 7, Section 7-2.12(b)(3), of the Sanitary Code of NYS, as currently in effect and as hereafter amended from time to time.

TELECOMMUNICATIONS ANTENNA

A system of electrical conductors that transmit or receive radio frequency waves.

TELECOMMUNICATIONS FACILITY

Any or all of the physical elements of the central cell facility that contains all the receivers, transmitters, and other apparatus needed for the cellular/PCS operation, which is also known as "base transceiver station (BTS)."

TELECOMMUNICATIONS TOWER

A structure on which one or more antennas will be located, that is intended for transmitting and/or receiving radio, television, telephone, wireless or microwave communications for an FCC-licensed carrier, but excluding those used exclusively for fire, police and other dispatch communications, or exclusively for private radio and television reception and private citizen's bands, amateur radio and other similar private, residential communications.

TEMPORARY SIGN

Any nonpermanent sign that is temporary in nature and displayed in conjunction with a specific activity, as opposed to a sign which, under this Part 5, may be displayed on a permanent or indefinite basis. Types of temporary signs include, but are not limited to: real estate signs, construction signs, development signs, banners, pennants, flags, and streamers, inflatable displays, special event signs and yard sale signs.

TIMBER AND LUMBER PRODUCTION FACILITY

Shall bear the same meaning as "timber and lumber production facility" as defined in the Uniform Code. However, such term shall not include the processing of raw wood products for use on the same lot by the occupant of that lot.

TOTAL HEIGHT

Height of wind energy conversion system measured from the grade plane to top of tip of blade in vertical position.

TOWER

Support structure, including guyed, monopole, and lattice types, upon which wind turbine or other mechanical device is mounted.

Figure 84 - Wind Energy Conversion System

TOWN

The Town of Milo, New York.

TOWN ASSESSOR

The Town Assessor of the Town of Milo.

TOWN ATTORNEY

The Town Attorney of the Town of Milo.

TOWN BOARD

The Town Board of the Town of Milo.

TOWN CLERK

The Town Clerk of the Town of Milo.

TOWN ENGINEER

The Town Engineer of the Town of Milo.

TOWN SUPERVISOR

The Town Supervisor of the Town of Milo.

TOWNHOUSE

A single-unit dwelling constructed in a group of three or more attached dwelling units in which each such unit extends from the foundation to roof and with open space on at least two sides. A townhouse shall not exceed three stories above grade plane unless approved otherwise by this chapter.

TRANSIENT

Shall bear the same meaning as "transient" that is defined in the Uniform Code.

UL Underwriters Laboratories

UNDERGROUND NATURAL GAS STORAGE FACILITY

A facility intended for the subsurface storage, including in depleted gas or oil reservoirs and salt caverns, of natural gas that has been transferred from its original location for the primary purpose of load balancing the production of natural gas. Such facility shall include compression and dehydration facilities as well as its associated appurtenances (e.g., pipelines). For clarification purposes, underground natural gas storage facilities do not include underground motor fuel storage tanks used in conjunction with a vehicle oriented commercial use.

UNIFORM CODE

The NYS Uniform Fire Prevention and Building Code, as currently in effect and as hereafter amended from time to time.

USDA United States Department of Agriculture

USE

The activity occurring on a lot of record for which land or a structure is arranged, designed or intended, or for which land or a structure is or may be occupied.

USE, ACCESSORY

A use of land that is subordinate to, incidental to and customarily found in conjunction with a permitted principal use of the land or a permitted principal building, and that is carried out on the same lot of record as the permitted principal use. For clarification purposes, a use is not considered an "accessory use" if the principal use is classified as a nonconforming, prohibited, and/or special use by this chapter.

USE, CHANGE OF

Any use that substantially differs from the previously approved use of a structure or lot of record.

USE, NONCONFORMING

A use that was lawful prior to adoption or amendment of this chapter but such use does not comply with currently required standards and/or is not classified as a permitted or special use at the zoning district in which it is now located.

USE, NONRESIDENTIAL

Any use that is not a residential use as defined in this chapter.

USE, PERMITTED

Any use specifically allowed by right in a particular zoning district.

USE, PRINCIPAL

The primary or predominate use of any lot of record.

USE, PROHIBITED

A use that is not permitted in a zoning district.

USE, RECREATIONAL

Includes any lands and/or structures that are designed, constructed, designated, or used for active and/or passive recreation. It shall not include any other use that is defined and/or regulated by this chapter.

USE, RESIDENTIAL

Bed-and-breakfast dwellings, single-unit dwellings, two-unit dwellings and/or townhouses, as well as their accessory uses. For clarification purposes, multiple-unit dwellings and/or mixed use developments shall not be considered a residential use.

USE, SPECIAL

A use that would become harmonious or compatible with neighboring uses through the application and maintenance of qualifying conditions. Said use requires particular consideration as to its proper location to adjacent, established or intended uses, or to the planned growth of the community. Lastly, a special use permit prescribed by this chapter shall be obtained before a special use can be built, enlarged, occupied and/or relocated.

USE, TEMPORARY

A permitted use of a building, land and/or structure in the applicable zoning district that is established for a fixed period of time with the intent to discontinue such use upon the expiration of such time. A temporary use shall not be a nonconforming, prohibited and/or special use in the applicable zoning district. Furthermore, a temporary use shall not involve the construction or alteration of any permanent structure. Lastly, the fixed period of time shall be determined by the Code Enforcement Officer but in no case shall such time, except those for uses at construction sites or farm operations, be issued for more than 10 business days.

VARIANCE, AREA

Shall bear the same meaning as "area variance" that is defined in §�267 of the Town Law of NYS, as currently in effect and as hereafter amended from time to time.

VARIANCE, USE

Shall bear the same meaning as "use variance" that is defined in §�267 of the Town Law of NYS, as currently in effect and as hereafter amended from time to time.

VEHICLE

All vehicles designed for use in air and/or on roads, off roads, in waterways or underwater, including but not limited to aircraft, automobiles, buses, bicycles, tractors, motorcycles, minibicycles and recreational vehicles.

VEHICLE ORIENTATED COMMERCIAL USE

A use providing for the maintenance, repair, reconstruction, sales and services of vehicles and other similar mechanical equipment. Such term shall be categorized into the following:

A. VEHICLE RENTAL AND SALES ESTABLISHMENT — A business that is principally engaged in selling, leasing, or renting of vehicles.

B. VEHICLE REPAIR STATION — Engine repair, body work, frame straightening, painting, upholstering, electrical work, tune-ups and all other vehicle repair activities not specifically listed in the definition of "vehicle service station."

C. VEHICLE SERVICE STATION — Any building, land area or other premises, or portion thereof, used or intended to be used for any one or a combination of the retail dispensing or sales of vehicle fuels; retail dispensing or sales of vehicle lubricants, including oil changing and chassis lubrication where substantial disassembly is not required; retail dispensing or sales of vehicle coolants; and incidental repair or replacement of vehicle parts, such as windshield wiper blades, lights bulbs, air filters, oil filters, batteries, belts, tires, fuses and the like.

D. VEHICLE WASH ESTABLISHMENT — Any building or premises, or portion thereof, the use of which is devoted to the business of washing vehicles for a fee, whether by automated cleaning devices or otherwise.

VEHICLE SIGN

A sign attached to or painted on a vehicle parked and visible from the public way, unless such vehicle is used for transporting people or materials in the normal operations of the business and it is properly parking in a designated parking space. Signs attached to trailers or inoperable vehicles are presumed to be vehicle signs if they are parked in plain view from a public way. Bumper stickers are not vehicle signs.

VEHICLE, RECREATIONAL

A vehicle that can be towed, hauled or driven and primarily designed for temporary living accommodations, recreational, camping and travel use. Such vehicle includes but is not limited to a recreational park trailer/park model home, travel trailer, camper, motor home, tent trailer, camping trailer, boat, boat trailer, snowmobile, snowmobile trailer, jet ski, jet ski trailer, all-terrain vehicle, all-terrain vehicle trailer and utility trailer. Furthermore, federal definitions, including the HUD definitions, explain that recreational vehicles are not designed to be used as permanent dwellings, but as temporary accommodations for recreational, camping, travel and seasonal use. Therefore, for the purposes of this chapter, a recreational vehicle shall not be classified as a dwelling unit or sleeping unit.

VETERINARIAN

Shall bear the same meaning as "veterinarian" that is defined in §�6702 of the Education Law of NYS, as currently in effect and as hereafter amended from time to time.

VETERINARY FACILITY

Any fixed or mobile establishment, veterinary hospital, animal hospital, clinic or premises where veterinary medicine is practiced.

VETERINARY MEDICINE

Shall bear the same meaning as "veterinary medicine" that is defined in § 6701 of the Education Law of NYS, as currently in effect and as hereafter amended from time to time.

WALL SIGN

An on-premises sign mounted on a building elevation with the face of the sign parallel to such elevation. Please refer to Appendix A for examples of wall signs.

WAREHOUSE

A use involving the interior storage of products, supplies, and equipment within a structure, and which typically involve truck transportation to and from the site.

WARNING SIGN

An on-premises or temporary sign which provides warning of a dangerous condition or situation that might not be readily apparent or that poses a threat of serious injury (e.g., gas line, high voltage, condemned building, etc.) or that provides warning of a violation of law (e.g., no trespassing, no hunting allowed, etc.).

WECS Wind energy conversion system

WIND ENERGY CONVERSION SYSTEM (WECS)

A machine that converts the kinetic energy in the wind into a usable form, which such machine is commonly known as a "wind turbine" or "windmill." A wind energy conversion system can be commercial or noncommercial. A wind energy conversion system may include one or more wind turbines, towers, associated control or conversion electronics, transformers, and/or maintenance and control facilities or other components used in the system. The turbine or windmill may be on a horizontal or vertical axis, rotor or propeller.

WIND ENERGY CONVERSION SYSTEM, AGRICULTURAL

A wind energy conversion system consisting of one wind turbine, one tower, and associated control or conversion electronics that has a rated capacity equal to or less than 110% of the electrical needs of a farm operation.

WIND ENERGY CONVERSION SYSTEM, LARGE

A wind energy conversion system consisting of one wind turbine, one tower, and associated control or conversion electronics which has a rated capacity greater than 30 kilowatts.

WIND ENERGY CONVERSION SYSTEM, SMALL

A wind energy conversion system consisting of one wind turbine, one tower, and associated control or conversion electronics which has a rated capacity equal to or less than 30 kilowatts.

WINDOW SIGN

An on-premises sign affixed in any manner to a window such that it is intended to be viewable from the exterior. This term does not include merchandise located inside of a building or structure that is within close proximity of a window.

YARD

An open, unoccupied space on a lot of record, other than a court, which is unobstructed from the ground upward by structures, except as otherwise provided in this chapter.

YARD, FRONT

A space extending the full width of the lot of record between any structure and the front lot line and measured between the front lot line and the building line nearest the front lot line, excluding any roads and their associated rights-of-way.

YARD, REAR

A space extending across the full width of the lot of record between the structure and the rear lot line and measured between the rear lot line and the building line nearest the rear lot line. Corner lots and double frontage lots shall not have a rear yard.

YARD, SIDE

A space extending from the front yard to the rear yard between the structure and the side lot line and measured between the side lot line and the building line nearest the side lot line. On a corner lot, the side yard is the area between the structure and the side lot line, exclusive of all front yards.

YCSWCD Yates County Soil and Water Conservation District

ZONING BOARD OF APPEALS

The Zoning Board of Appeals of the Town of Milo.

ZONING DISTRICT

Any one of the areas, as shown on the Zoning Map, into which the Town has been divided into districts for the purposes of this chapter.

ZONING MAP

The map or maps that are a part of this chapter and delineate the boundary of zoning districts.

Town of Milo, NY

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