STRUCTURE(D) SETTLEMENT

At the last Town Board meeting, the following statement was made by a citizen: "Everybody knows that a fence is not a structure."

Not be contrary, but instead hoping to be informative, let me state that "everybody" would be incorrect. Below is the actual definition of "structure" from our Ordinances:

Structure 
Anything which is built, constructed, or erected; an edifice or building of any kind; or any piece of work artificially built up and/or composed of parts joined together in some definite manner whether temporary or permanent in character. Among other things, structures include but are not limited to buildings, gazebos, decks, retaining walls, walls, fences, and swimming pools. (Resolution 59, 8-13-2007)

As you can see, "structure" is not synonymous with "building," which I believe is perhaps the common misunderstanding--- based on years of observation at Eureka meetings. "Buildings" are actually a subset of "structures." Another way I think of it is that structures are man-made. A tree is not a structure, but a sign is a structure.

Understand that not all structures need building permits. A building of a certain smaller size (less than 120 sq. ft.) does not. A fence of a certain lower height (less than 7') does not. A Keystone flowerbed does not, no matter the size.

Since the definition of structure references "whether temporary or permanent in character," let's address that aspect as well.

Over the years, I have heard many discussions and comments at Town meetings to the effect that "temporary" means "portable." Thus, the thinking goes, if, for example, your sign is portable--on wheels perhaps--it is temporary and does not need a permit. Other than the exempt signs listed in the Ordinances, signs DO need a permit and further, need to be securely anchored to the ground. That is the reason for the Building Official to inspect the sign; to make sure it is not a hazard to the public in circumstances such as a storm.




In Commission and Board discussions with Building Officials over the years, it has come to light that "temporary" is really referring to fewer than 180 days, and thus not taxable. A roadside stand in place over the summer for the sale of vegetables is a good example of a temporary structure.

Something like a house which probably everyone understands as "permanent" and attached to the ground, as well as taxable, is clearly not temporary. Even though it won't last forever and could be moved from the site.

Hypothetically, a storage building in place on a property for several years and that is of a size to require a building permit-greater than 120 sq. ft.--but is on wheels and thus portable, is not temporary, but is permanent. It also needs to be anchored to the ground as does an advertising sign. Putting it on wheels does not exempt one from a building permit.

I hope this "settles structures"

And here is a settlement with structures, as promised in headline!