Southtowns Record

Chapter 200 Zoning Law

Government
Town of Wales
Kind
Other
Topics
Zoning and land use, Water, sewer and drainage, Parks and recreation, Roads and traffic, Budget and taxes

Original document

Text · page 7 of 39

SPECIAL PERMIT USES — A use requiring the additional standards and approval as specified in Article
VII.
STORY — That portion of a building between the surface of any floor and the surface of the floor next
above it or, if there is no floor above it, then the space between any floor and ceiling next above it. A
basement shall be counted as a "story" for purposes of height measurement if the ceiling is more than five
feet above the average adjoining ground level. A "half-story" is a story under a sloping roof, having a
ceiling height of seven feet or more or not exceeding 1/2 the floor area of the uppermost full story in the
building.
STRUCTURE — Anything constructed or erected which requires permanent location on the ground or
attachment to something having such location.
STRUCTURE ALTERATIONS — Any change in the supporting members of a building or other structure,
such as bearing walls, columns, beams or girders.
SUBDIVISION — Any tract of land which is divided into five or more parcels, effective August 1, 1977,
along any existing or proposed street(s), highway(s), easement(s) or right(s)-of-way for sale or for rent as
residential lots or residential building plots, regardless of whether the lots or plots to be sold or offered
for sale or lease for any period of time are described by metes or bounds or by reference to a map or
survey of the property or by any other method of description and regardless of whether the lots or plots are
contiguous. A tract of land shall constitute a "subdivision" upon the sale, rental or offer for sale or lease of
the fifth residential lot or residential building plot therefrom within any consecutive three-year period, and
the same shall apply to all such parcels thereof, including the first four parcels, regardless of whether said
parcels have been sold, rented or offered for sale or lease, either singly or collectively. The word "tract"
shall mean any body of land, including contiguous parcels of land, under one ownership or under common
control of any group of persons acting in concert as part of a common scheme or plan. "Residential building
plot or lot" shall mean any parcel of land of five acres or less, any point on the boundary line of which
is less than 1/2 mile from any point on the boundary line of another such lot in the same tract, unless any
such lot may not legally be used for residential purpose. Without limiting the generality of the foregoing,
the term "residential" shall include temporary, seasonal and permanent residential use. "Subdivision" does
not include any parcel of land acquired as one parcel for the residential purposes as provided in the New
York Public Health Law § 1115-a.
TELECOMMUNICATIONS FACILITIES — Towers and/or antennas and their accessory structures
together used in connection with the provision of cellular telephone service, personal communications
services, digital and/or data communication services, paging services, radio and television broadcast
services and similar broadcast services. (Also referred to as "facilities" or "equipment.") The
aforementioned accessory structures are nonhabitable buildings or structures being used in conjunction
with a tower or other telecommunications facility, and which are usually located on the same lot as those
facilities. Examples of such structures include utility or transmission storage sheds or cabinets.[Added
4-9-1997 by L.L. No. 2-1997]
TOWER — A structure designed to support antennas. It includes, without limit, freestanding towers, guide
wires, monopoles and similar structures which do or which do not employ camouflage technology.[Added
4-9-1997 by L.L. No. 2-1997]
TRAVEL OR CAMPING TRAILER — Any vehicle permanently licensed and mounted on wheels used
exclusively for camping and traveling, either the folding box-type with a tent that opens or a metal shell
that can be easily towed by any ordinary automobile on the highway, and shall not be deemed a house
trailer under the definitions of this article.
USABLE OPEN SPACE — An area on a lot with a main building, unbuilt on and open to the sky, of such
shape, location and character as to be usable for laundry drying, recreational use by small children or other
dwelling accessory use, but not to be used for vehicle parking.
USE — The specific purposes for which land or a building is designed, arranged, intended or for which it
  7