The purpose of this chapter is to encourage the most appropriate use of land, protect and conserve the value of property and promote the health, safety, morals and the general welfare of the community by regulating the use of land; the location, use and occupancy of buildings; the height and bulk of buildings and other structures; yard areas and other open spaces; and the density of population; and to provide for its enforcement and administration and prescribe penalties for the violation of its provisions.
This chapter shall be known and cited as the "Zoning Law of the Town of Fenton."
A. 
General rules of interpretation. For the purposes of this chapter, certain terms and words shall be interpreted as follows:
(1) 
Words used in the present tense include the future;
(2) 
The plural includes the singular;
(3) 
"Plot" means "lot";
(4) 
"Structure" includes "building";
(5) 
"Occupied" also means "designed, intended or arranged for occupancy"; and
(6) 
"Person" may include more than one, as well as an association, a copartnership or a corporation.
B. 
Specific terms. For the purpose of this chapter, unless the context or subject matter otherwise requires, the following terms shall have the meanings indicated:
ARCADE
An establishment, the principal use of which is the operation by customers of coinoperated games, including video games, pinball machines, or other similar electronic or mechanical games.
[Added 11-5-2014 by L.L. No. 8-2014]
BOARDINGHOUSE or ROOMING HOUSE[1]
A dwelling occupied by an owner in which three or more rooms are rented or offered for rent to persons unrelated to the owner.
BUILDING
Any structure having a roof supported by columns or by walls.
BUILDING, ACCESSORY
A subordinate building not physically connected to the principal building, the use of which is incidental to and associated with that of a principal building and located on the same lot with such principal building.
BUILDING HEIGHT
The vertical distance from the mean finished grade, as measured along the front wall of a building, to the highest point of the building.
BUILDING INSPECTOR
The Building Inspector of the Town of Fenton.
[Added 6-4-1997 by L.L. No. 2-1997]
BUILDING LINE
A line passing through that point on a building or structure, including projections, nearest a stated lot line and parallel to such lot line.
BUILDING, PRINCIPAL
A building in which the principal use of the lot on which it is located is conducted.
CELLAR OR BASEMENT
A story more than 1/2 the volume of which is below the adjoining finished grade surrounding it.
CONSTRUCTION SIGN
A temporary sign placed on a construction site during the construction period that may list the names of the project, architects, engineers, contractors, subcontractors, owners, financial supporters, sponsors and related information.
[Added 10-2-1997 by L.L. No. 4-1997]
DRIVESTRIP
The traveled portion of a highway, including the shoulder.
DWELLING, ONE-FAMILY
A building containing one dwelling unit.
DWELLING, TWO-FAMILY
A building containing two dwelling units.
DWELLING, MULTIPLE
A building or portion thereof containing three or more dwelling units.
DWELLING UNIT
A building or portion thereof providing complete housekeeping facilities for one family.
ELECTRICAL DISTRIBUTION SUBSTATION
Any facility, whether or not enclosed, using equipment designed to receive energy from a high-voltage distribution supply system and to convert it to a form suitable for local distribution.
FACTORY MANUFACTURED HOME (MODULAR HOME)
Shall be the same as that contained in the New York State Residential Code, as the same may be amended from time to time, which as of December 4, 2013, read as follows: "A structure designed primarily for residential occupancy, constructed by a method or system of construction whereby the structure or its components are wholly or in substantial part manufactured in manufacturing facilities, intended or designed for permanent installation, or assembly and permanent installation, on a building site." Factory manufactured homes (modular homes) shall conform to the requirements of Title 19, Chapter XXXII, Part 1209 of the New York Code of Rules and Regulations, as the same may be amended or recodified from time to time, including but not limited to the requirement that such homes be manufactured and installed in compliance with the New York State Fire Prevention and Building Code.
[Added 6-4-2014 by L.L. No. 5-2014]
FAMILY
One or more persons living together as a single housekeeping unit.
GARBAGE
Includes:
[Added 6-4-1997 by L.L. No. 2-1997]
(1) 
Food or food waste of all kinds, whether for human or animal consumption.
(2) 
Used food containers or parts thereof, whether fabricated of metal, paper, wood or glass.
(3) 
Paper materials used in food packaging.
(4) 
Dead animals or parts thereof.
(5) 
Any other matter which shall be capable of fermentation or decay, except wood and when such matter is used as fertilizer upon farms or gardens.
GARAGE, ATTACHED
A garage having a wall or a portion thereof common to a principal building.
GRADE, MEAN FINISHED
The average grade level of the ground measured at the front wall of a building.
GROSS FLOOR AREA
The total area of all floors within the exterior walls of the building.
HOME OCCUPATION
Any use customarily conducted entirely within a dwelling, and which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof.
HOUSING, ELDERLY
Multiple-housing units operated by private or public entities or organizations providing residential and day-care activities for elderly individuals.
[Added 11-18-2008 by L.L. No. 6-2008]
JUNKYARD
Any business or activity, whether or not conducted for profit, involving the use of premises outside a building for the collection, storage, burning, dumping, scrapping, salvaging, sorting or otherwise handling or arranging for sale, resale, storage, or disposal or otherwise of:
[Amended 5-11-2016 by L.L. No. 2-2016]
(1) 
Secondhand or used property of whatever material; or
(2) 
Waste material, including but not limited to wood, paper, cloth, cardboard, plastic, metal, stone, cement, solvents, chemicals, ceramic, electronic equipment and parts, and the like.
LOADING SPACE
An area provided on a lot for the temporary parking of a vehicle while loading or unloading merchandise or materials and affording access to a street.
LOT
A parcel of land under common ownership, occupied or capable of being occupied by a building conforming with the provisions of this chapter (see also Subsection C of § 150-8).
LOT, CORNER
A lot situated at the intersection of two or more public streets or highways.
LOT DEPTH
The mean horizontal distance between the front and rear lot lines.
LOT, FLAG
A lot that meets the minimum area requirements of this chapter and is connected to a public right-of-way by a strip of land at least 25 feet wide and containing an access drive.
[Added 6-4-1997 by L.L. No. 2-1997]
LOT FRONTAGE
[Amended 6-7-1994 by L.L. No. 2-1994]
(1) 
The horizontal length of the front lot line.
(2) 
For the purposes of determining whether a property held in fee meets the minimum lot frontage requirement in any zoning district, it shall be sufficient if said property is served by access to a public highway over land held in fee by the owner of the dominant parcel, a right-of-way or easement, provided that:
(a) 
The land held in fee, easement or right-of-way is at least 25 feet wide for the full extent of its duration.
(b) 
The building permit is reviewed by the Town Planning Board and said Board determines that access to the dominant parcel held in fee is adequate to ensure adequate access to the parcel for public safety purposes; in any event such access shall be no less adequate than that required by § 280-a of the New York Town Law.
(c) 
The easement of right-of-way exists by virtue of an express grant or deed reservation and the instrument containing it has been recorded in the Broome County Clerk's Office and indexed as a real property record.
(d) 
Said easement or right-of-way is perpetual in duration.
(e) 
Said easement or right-of-way, by its terms, provides that the owner of the servient parcel has no right to block or restrict use of the easement in any way and shall be maintained to provide 20 feet of road clearance sufficient for access by emergency vehicles;
(f) 
Said easement or right-of-way is unrestricted as to the type of ingress and egress allowed; and
(g) 
The dominant parcel has access to all necessary public utilities, whether by means of the easement or right-of-way or otherwise.
(h) 
The access over the land held in fee, easement or right-of-way is used for access to no more than one principal structure.
(3) 
Nothing herein should be construed to allow the creation of a subdivision under Town of Fenton Subdivision Regulation,[2] unless access to said subdivision is provided directly from a public roadway.
(4) 
The purpose of Subsection B is to allow the development of so-called "flag lots" not having the usual road frontage when said lots can, in accordance herewith, be developed in a manner consistent with this chapter and public interest.
LOT LINE, FRONT
A lot line which abuts and is a common boundary with a street right-of-way. In case of corner lots, the "front lot line" shall be determined as the common boundary with the shortest street line.
LOT WIDTH
The horizontal length of the front building line.
MANUFACTURED HOME
Shall be the same as that contained in the New York State Residential Code, as the same may be amended from time to time, which as of December 4, 2013, read as follows: A factory-manufactured dwelling unit built on or after June 15, 1976, and conforming to the requirements of the Department of Housing and Urban Development (HUD), Manufactured Home Construction and Safety Standards, 24 CFR Part 3208, 4/1/93, transportable in one or more sections, which in the traveling mode, is eight feet (2,438 mm) or more in width or 40 feet (12,192 mm) or more in length, or, when erected on site, is 320 square feet (29.7 m2) 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 "manufactured home" shall also include any structure that meets all the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Federal Department of Housing and Urban Development and complies with the standards established under the national Manufactured Housing Construction and Safety Act of 1974, as amended. The term "manufactured home" shall not include any self-propelled recreational vehicle.
[Added 6-4-2014 by L.L. No. 5-2014]
MANUFACTURED HOME PARK
Any parcel or tract of land of common undivided ownership upon which three or more manufactured or grandfathered mobile homes, occupied for dwelling or sleeping purposes, are located, regardless of whether a charge is made for such accommodation.
[Added 6-4-2014 by L.L. No. 5-2014]
MOBILE HOME
Shall be the same as that contained in the New York State Residential Code, as the same may be amended from time to time, which as of December 4, 2013, read as follows: "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 (2,438 mm) or more in width or 40 feet (12,192 mm) or more in length, or, when erected on site, is 320 square feet (29.7 m2) 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." Mobile homes shall conform to the requirements of Title 19, Chapter XXXII, Part 1210 of the New York Code of Rules and Regulations, as the same may be amended or recodified from time to time.
[Amended 4-5-1989 by L.L. No. 2-1989[3]]
MOTOR VEHICLE SCRAP FACILITY
Any place of storage or deposit, whether in connection with another business or not, where two or more unregistered, old, or secondhand motor vehicles, no longer intended or in condition for legal use on the public highways, are held, whether for the purpose of resale of used parts therefrom, for the purpose of reclaiming for use some or all of the materials therein, whether metal, glass, fabric, or otherwise, for the purpose of disposing of the same or for any other purpose; such term shall include any place of storage or deposit for any such purposes of used parts or waste materials from motor vehicles which, taken together, equal in bulk two or more such vehicles. For the purposes of this definition, the phrase "motor vehicle" shall mean all vehicles propelled or drawn by power other than muscular power originally intended for use on public highways.
[Added 5-11-2016 by L.L. No. 2-2016]
NOXIOUS MATTER
Material which causes injury to the environmental, psychological, social or economic well-being of individuals.
OUTDOOR RECREATION
Any use of land, when conducted as a business for which a fee is charged, with or without buildings, structures, or facilities, that provides to the public passive or active outdoor recreation or entertainment opportunities or activities.
[Added 4-4-2019 by L.L. No. 5-2019]
(1) 
Trap ranges (steel shot and trap loads), archery ranges, and rifle and pistol ranges, in accordance with any applicable state and federal requirements and subject to local requirement as identified through site plan review.
(2) 
Swimming pools.
(3) 
Parks.
(4) 
Beaches.
(5) 
Tennis courts.
(6) 
Short-term, seasonal (March 1 to Columbus Day weekend) recreational camping. Camping by guests (including stay of any recreational vehicle (RV) or other type of mobile or permanent camper) for more than two weeks during any season shall be prohibited.
(7) 
Picnic areas and similar places of day use.
(8) 
Nature centers.
(9) 
Horseback riding facilities.
(10) 
Cross-country ski facilities.
(11) 
Batting cages.
(12) 
Miniature golf facilities.
(13) 
Paintball courses.
(14) 
Playgrounds.
(15) 
Boat rentals and launches (including boats, canoes, kayaks, and other floatation devices).
(16) 
Driving ranges.
(17) 
Mountain bike facilities.
(18) 
Onsite catering and reception services.
(19) 
Pumpkin farms.
(20) 
Petting zoos.
(21) 
Uses similar to the foregoing which, in the opinion of the Town of Fenton Planning Board, are consistent with the spirit and intention of this definition.
PARKING SPACE, OFF-STREET
An area of sufficient size for the temporary storage of a vehicle with access to a street, and may serve as a location for recharging all-electric vehicles (EVs).
[Amended 8-27-2014 by L.L. No. 7-2014]
PERFORMANCE STANDARD
A criterion for measurement of noise, odor, smoke, toxic or noxious matter, vibration, fire or explosive hazards, glare or heat generated by or inherent in the use of land or buildings.
PUBLIC UTILITY STRUCTURE
A building or structure used in connection with the transmission, distribution or regulation of water, gas, electric, telephone, television or other public utility service by a business subject to regulation by a municipal, state or federal regulatory agency.
REFUSE
All putrescible and nonputrescible solid wastes, including garbage, rubbish, ashes, incinerator residue, street cleanings, dead animals, offal matter and commercial or industrial wastes.
RUBBISH
[Added 6-4-1997 by L.L. No. 2-1997]
(1) 
All waste substances not intended for use in a manufacturing or reconditioning process carried out on the premises, including, but not limited to, any of the following:
(a) 
Garbage.
(b) 
Combustible refuse, including, but not limited to, paper, cartons, boxes, barrels, wood, excelsior, tree branches, yard trimmings, wood furniture and bedding.
(c) 
Noncombustible refuse, including, but not limited to, metals, tin cans, metal furniture, discarded or partially or wholly dismantled used motor vehicles, glass, crockery and other mineral wastes.
(d) 
Solid and semisolid wastes resulting from industrial processes and manufacturing operations.
(2) 
The term "rubbish" does not include any unprocessed earth, stone or minerals.
SCHOOL, PRIVATE
A school owned or operated by an entity or organization other than a school district as defined in the New York Education Law.
[Added 11-18-2008 by L.L. No. 6-2008]
SCHOOL, PUBLIC
A school owned and operated by a school district as defined in the New York Education Law.
[Added 11-18-2008 by L.L. No. 6-2008]
SIGN
Any structure or device which displays to public view any numerals, letters, or other representations as an announcement, designation, direction, or advertisement.
(1) 
Signs shall be classified as to their physical characteristics and means of support, as follows:
GROUND SIGNAny sign having its own independent means of support from the ground up
PROJECTING SIGNA sign attached to a wall and extending more than 12 inches from the surface of such wall
ROOF SIGNA sign attached to the roof of a building
WALL SIGNA sign attached to the wall of a building or other structure and extending not more than 12 inches from the surface of such wall
(2) 
For classifying signs as to content of message displayed, the following terms will apply:
ADVERTISING SIGNA sign directing attention to products or services offered elsewhere than on the premises where the sign is located
BUSINESS SIGNA sign directing attention to products or services offered upon the same premises where the sign is located
DIRECTIONAL SIGNA sign indicating the name and location of any business, school, hospital, church or other public place; also a sign indicating the name and meeting place of a service club or civic organization
STORY
That portion of a building included 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 the ceiling next above it. A basement or cellar is not a "story."
STREET
A public road or highway maintained by state or municipal authority; the word "street" includes the total area within its right-of-way boundaries.
STREET BOUNDARY
The common property line between a public road or highway and the nonhighway property abutting it.
SWIMMING POOL
Any artificial body of water provided with a water impervious lining having a depth at any point greater than two feet, used or intended to be used for swimming or bathing and permanently constructed or installed out-of-doors, in or above the ground, of materials other than earth.
USE, ACCESSORY
A use of land, including improvements necessary thereto, customarily incidental and subordinate to a principal use and located on the same lot with such principal use.
VACANT LOT
A parcel of land having no permanent improvements.
VARIANCE, AREA
The authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or topographical requirements of this chapter.
[Added 6-4-1997 by L.L. No. 2-1997]
VARIANCE, USE
The authorization by the Zoning Board of Appeals for the use of land in a manner or for a purpose which is otherwise not allowed or is prohibited by this chapter.
[Added 6-4-1997 by L.L. No. 2-1997]
WASTE MATERIALS
Includes:
[Added 6-4-1997 by L.L. No. 2-1997]
(1) 
Rubbish, trash and garden refuse of all kinds.
(2) 
Clean paper products.
(3) 
Glass, metal, wood and synthetic materials, excepting, however, materials otherwise defined herein as "garbage."
YARD
An open space, on the same lot with a building, unoccupied and unobstructed from the ground upward, except as otherwise provided herein.
YARD, FRONT
The area extending across the full width of a lot and lying between the front lot line of the lot and the front building line.
YARD, REAR
A yard extending across the full width of a lot and lying between the rear lot line of the lot and the rear building line of the principal building.
YARD, SIDE
The area between a side lot line and the nearest building line, extending from the front yard to the rear yard.
[1]
Editor's Note: The definition of "Administrative officer," which immediately preceded this definition, was deleted 6-4-1997 by L.L. No. 2-1997.
[2]
Editor's Note: See Ch. 127, Subdivision of Land.
[3]
Editor's Note: The definitions of "mobile home park" and "modular home," as amended, were repealed 6-4-2014 by L.L. No. 5-2014. See now the definitions of "factory manufactured home (modular home)," "manufactured home," and "manufactured home park."