This chapter shall be known as the "1989 Zoning Law of the Town of Pompey, New York."
Except as specifically indicated in this section or in other sections, the words used in this chapter shall have the meanings commonly attributed to them. Doubts as to their precise meanings shall be determined by the Zoning Board of Appeals hereinafter established.
As used in this chapter, the following terms shall have the meanings indicated:
- ACCESSORY USE
- A use customarily incidental and subordinate to the principal use or building located on the same lot with such principal use or building.
- Any structure having walls and covered by a roof or roofs.
- BUILDING, FRONT LINE OF
- The line of that face of the building nearest the front line of the lot. This face includes sun parlors and covered porches, whether enclosed or unenclosed, but does not include steps.
- BUSINESS USE
- Any use of property, for profit or as a livelihood, for the purpose of exchanging goods or services for money, goods, services or other things of value, excluding industrial use and excluding the renting of a building or part thereof for residential use.
- COMMERCIAL; COMMERCIAL USES
- Notwithstanding any provision hereof to the contrary, for purposes of this chapter in no event shall the terms "commercial," "commercial uses," or any variation thereof, be construed to mean, be, include, or authorize any land application facility, natural gas and/or petroleum exploration, extraction or production wastes disposal/storage facility, natural gas and/or petroleum exploration, extraction or production wastes dump, underground injection, underground storage of natural gas, or any other explicitly prohibited use as those terms are defined in § 165-16.1 of this chapter.[Added 6-3-2013 by L.L. No. 1-2013]
- COMMUNICATION TOWER
- A freestanding or attached structure facilitating the transmission and receipt of electromagnetic communications. Included by illustration are facilities for radio/television broadcast, telephone and microwave communications and two-way radio. Specifically exempt from this definition are facilities used for personal use and communication, including ham radio, citizen band radio and receive-only television antennas when incidental to a residential use.
- COMPREHENSIVE PLAN
- Any document, styled comprehensive or master plan or otherwise,
adopted by the Town Board for the protection, enhancement, growth,
and development of the Town, immediate as well as long-range, specifically
pursuant to § 272-a of the New York State Town Law, together
with all other materials, written and/or graphic, including but not
limited to maps, charts, studies, resolutions, reports and other descriptive
material, adopted by the Town Board, that identify the goals, objectives,
principles, guidelines, policies, standards, devices and instruments
for the protection, enhancement, growth and development of the Town,
immediate as well as long-range, as the same may from time to time
be amended, updated, and supplemented, including without limitation
by planning policy statements, goals, and standards adopted by the
Town Board.[Added 6-3-2013 by L.L. No. 1-2013]
- DRIVEWAY ACCESS
- A specific portion of lot frontage accommodating the movement of vehicles between a highway right-of-way and a lot.
- A lot or land or part thereof used primarily for the storage or disposal, by abandoning, dumping, burial, burning or any other means and for whatever purpose, of garbage, sewage, trash, boxes, crates, refuse, junk, discarded machinery, vehicles or parts thereof or waste material of any kind.
- A building designed or used exclusively as the living quarters of one or more families; the terms "dwelling," "single-family dwelling," "dwelling for more than one family," "multiple-family dwelling" and "two-family dwelling" shall not be deemed to include an automobile court, motel, hotel, cabin, tourist home, tourist camp, tent, tent site, trailer, trailer camp, campsite or Quonset-type building.
- The use of land for agricultural purposes, including the commercial production of field crops, fruits, vegetables, ornamental plants, livestock, livestock products and/or woodland products, and including a dwelling, storage building and outdoor storage areas for equipment, animals, products or farm waste.
- FARM STAND
- The use of land for seasonal retail sale of farm products grown or produced on the same farm. A farm stand is subordinate to the agricultural purpose of the farm.
- (1) Any of the following activities:
- (a) The extraction of overburden and minerals from the earth;
- (b) 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, sorting, stockpiling or other processing of minerals at the mine location so as to make them suitable for commercial, industrial, or construction use (exclusive of any manufacturing processes at the mine location);
- (c) The removal of such materials through sale or exchange, or for commercial, industrial or municipal use;
- (d) The disposition of overburden, tailings and waste at the mine location; or
- (e) Any combination of the above activities.
- (2) Notwithstanding any provision hereof to the contrary, in no event shall gravel mining be construed to mean, be, or include natural gas and/or petroleum exploration activities, natural gas and/or petroleum extraction activities, or any other explicitly prohibited use as those terms are defined in § 165-16.1 of this chapter nor shall gravel mining include the excavation, removal or disposition of minerals from the site of, and incidental to, a construction project as to which all required permits are in force; and/or excavations incidental to bona fide agricultural use activities. For the purposes hereof, the following terms shall have the meanings indicated:
[Added 6-3-2013 by L.L. No. 1-2013]
- Whenever an allegation is made that an existing or proposed use is a hobby, such a contention shall not be accepted unless the court or the Zoning Board of Appeals, as the case may be, finds that the objective of the use is pleasure or relaxation rather than the realization of a profit and that the sustaining of regular losses would not affect the carrying on of the use.
- HOUSE TRAILER
- A vehicle used for living or sleeping purposes and standing on wheels or rigid supports.
- INDUSTRIAL; INDUSTRIAL USE; INDUSTRY
- Industrial use shall be any use of property in the production of articles from raw or prepared materials by giving these materials new forms, qualities, properties or combinations, whether by hand, labor, or machine, but notwithstanding the foregoing, use or property as a bakery or restaurant shall not be an industrial use for purposes of this chapter. Furthermore, and notwithstanding any provision hereof to the contrary, for purposes of this chapter, in no event shall the terms "industrial," "industrial establishment," "industrial facilities," "industrial uses," "industry," or any variation thereof contained in this chapter be construed to mean, be, include, or authorize any land application facility, natural gas and/or petroleum extraction activities, natural gas and/or petroleum exploration, extraction or production waste disposal/storage facility, natural gas and/or petroleum exploration, extraction or production wastes dump, natural gas compression facility, natural gas processing facility, underground injection, underground storage of natural gas, or any other explicitly prohibited use as those terms are defined in § 165-16.1 of this chapter.[Amended 6-3-2013 by L.L. No. 1-2013]
- A lot, land or structure, or part thereof, used primarily for the collection, deposit, storage or sale of wastepaper, rags, scrap metal, boxes or discarded material or for the collecting, dismantling, storage or salvaging of machinery or vehicles not in running condition and the sale of the parts thereof. The presence of two or more inoperable or unregistered vehicles, or a substantial amount of the parts thereof, shall constitute a "junkyard."
- The smallest amount of land area bounded on all sides by property lines.
- LOT, DEPTH OF
- The mean distance from the street line of the lot to its opposite rear line measured in the general direction of the side lines of the lot.
- LOT FRONTAGE
- The distance along a lot line or portion of a lot line which abuts a highway right-of-way.
- LOT LINE
- Any boundary of a lot, including front, rear and side lines.
- LOT, WIDTH OF
- The mean width measured at right angles to its depth.
- MANUFACTURING; MANUFACTURING USES
- Notwithstanding any provision hereof to the contrary, for purposes of this chapter, in no event shall the terms "manufacturing," "manufacturing uses," or any variation thereof contained in this chapter be construed to mean, be, include, or authorize any activities prohibited by § 165-16.1 of this chapter.[Added 6-3-2013 by L.L. No. 1-2013]
- MULTIPLE-FAMILY DWELLING
- A building or portion thereof used or designed as a residence for three or more families living independently of each other.
- NONCONFORMING ELEMENT
- A building, structure, lot or use of land existing at the time of enactment of this chapter and which does not conform to the regulations of the district or zone in which it is situated but which was lawful prior to such enactment.
- OUTDOOR RECREATION FACILITY
- The use of land for recreation activities conducted out-of-doors by a profit or nonprofit organization, which may include a structure for offices, storage, meetings and refreshments. Such activities include skiing, ice skating, tennis, swimming, boating, ball fields, golf, archery, horseback riding or fish and game clubs.
- OUTDOOR SALES AND STORAGE
- The commercial use of land for the outdoor sale, display or storage of equipment, supplies, vehicles or merchandise. Such uses include, by illustration, sale of lumber, building supplies, farm equipment, automobiles and contractor's storage but specifically exclude junkyards, waste or scrap products or farm products.
- RESIDENTIAL USE
- Any use of property solely as a permanent place of abode, but excluding hotels, motels, tourist lodging houses and trailer or mobile home camps or courts.
- The setback of a building or of a story thereof from a particular lot line or street line is the horizontal distance from such line to the front line of the building or story.
- STABLE, BOARDING AND RIDING
- Use of land, with or without buildings, for the maintenance of horses, mules or burros for purposes of sale, boarding, rental, riding or riding instruction for nonresidents of the property.
- STABLE, PRIVATE
- The maintaining of horses, mules, burros or other livestock for personal use of the residents of the lot.
- STREET LINE
- The line which separates privately owned property from the
land over which the municipality has jurisdiction and control, whether
the municipality's jurisdiction is based upon fee ownership,
easement, license or otherwise. Such line shall also be the same as
the boundaries of any street shown on an Official Map.[Amended 5-6-1996 by L.L. No. 2-1996]
- TRAILER CAMP
- A tract of land where two or more trailers are parked and which is used or held out for the purpose of supplying to the public a parking space for two or more trailers.
- The purpose of which a building, structure or premises, or any part thereof, is occupied or, if unoccupied, the purpose for which it may be occupied.
- Any building used exclusively for the storage of goods, wares or merchandise, whether for the owner or someone else, but excluding a building used solely for purposes accessory to existing agricultural or residential use.