Exciting enhancements are coming soon to eCode360! Learn more 🡪
Town of Ontario, NY
Wayne County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
In the interpretation of this chapter, the following rules shall apply:
A. 
Words used in the present tense shall include the future tense.
B. 
The singular includes the plural.
C. 
The word "person" includes a partnership, trust, an estate and corporation as well as an individual.
D. 
The word "lot" includes the word "plot" or "parcel."
E. 
The term "used" or "occupied," as applied to any land or structure, shall be construed to include the words "intended, arranged or designed to be used or occupied."
The following shall define the words used in this chapter:
ACCESSORY BUILDING OR STRUCTURE
A subordinate building or structure, the use of which is customarily incidental to that of the principal building and which is located on the same lot with the principal building. "Accessory building" includes a garage, swimming pool, private stable, barn, toolhouse, children's playhouse, utility shed and similar uses.
[Amended 8-10-2009 by L.L. No. 2-2009]
ACCESSORY USE
A use, not otherwise contrary to the provisions of this chapter, that is incidental and subordinate to the principal use and located on the same lot therewith. In no case shall an accessory use on a residential lot be used for commercial purposes or dominate in area, extent or purpose the principal, lawful use of the lot. When a variance has been granted by the Zoning Board of Appeals, there shall be no accessory use unless such use has been specifically approved as part of the variance.
ALTERATION OF BUILDING OR STRUCTURE
Any change in supporting members of a building, any addition to a building or removal of a building from one location to another.
ALTERNATIVE ENERGY SUPPLY SYSTEMS
Any structures, equipment, devices or construction techniques used for the capture and/or production of energy, including electricity, heat, light, cooling, gas production or other forms of energy on site; either attached to, incorporated within or separate from a principal structure. Allowable alternative energy supply systems include: wind energy collection, production, distribution and usage systems; active and passive photovoltaic (PV) solar energy collection, production, distribution and usage systems; gas collection, production, distribution and usage systems, including farm and other waste management systems; heat and cooling energy collection, production, distribution and usage systems, including steam, geothermal and combined heat and power (CHP) applications; biofuel and biomass collection, production, distribution and usage systems, including biodiesel, ethanol and other biofuel applications utilizing organic feedstocks. For the purposes of this definition and chapter, “alternative energy supply systems” may include improvements and/or services that cooperatively provide energy to one or more parcels in allowable districts that share common ownership and/or control through one or more public benefit corporations and/or local development corporations.
[Added 7-14-2008 by L.L. No. 3-2008]
APARTMENT HOUSE
A multifamily dwelling.
AUTOMOBILE SALES AREA
An area used for the display, sale or rental of new or used automobiles and where no repair work is done.
BASEMENT
A story partly below grade and which has 1/2 of its height, measured from floor to ceiling, above the average established finished grade of the ground adjoining the building.
BED-AND-BREAKFAST
An owner-occupied one-unit dwelling within which is provided overnight accommodations for transient guests who stay up to five nights and which includes the serving of breakfast but no other meal to such guests.
BLOCK
The length of a street between two street intersections.
BOARDER
A person, residing with a family, who is provided with sleeping facilities, with or without meals, for gain on other than a daily or transient basis.
BOARDINGHOUSE or ROOMING HOUSE
A dwelling, other than a hotel or motel, where six or more unrelated persons are sheltered, with or without meals, for gain.
BUILDING
Any structure having a roof supported by columns, piers or walls, including tents, lunch wagons, trailers, dining cars, camp cars or other structures on wheels and intended for the shelter, housing or enclosure of persons, animals or goods.
BUILDING AREA
The minimum first-floor area used for living purposes shall be the horizontal area of a building, measured at the ground level along the exterior of the foundation walls, excluding accessory buildings, open porches, terraces, steps and garages, whether attached or unattached.
BUILDING HEIGHT
The vertical distance measured from the average elevation of the proposed finished grade on the uphill side of the building to the highest point of the roof.
BUILDING-INTEGRATED SOLAR ENERGY SYSTEM
A combination of photovoltaic building components integrated into any building envelope system, such as vertical facades (including glass and other facade material), semitransparent skylight systems, roofing materials, and shading over windows.
[Added 6-11-2018 by L.L. No. 2-2018]
BUILDING LINE
An imaginary line formed by the intersection of the ground and a vertical plane that coincides with the most projected exterior surface of a building, on any side.
BUILDING LINE, FRONT
The building line of that face of a principal building nearest the front lot line. In the case of a corner lot, each building line facing a street line shall be considered a front building line.
CAMP
Any area of land on which are located two or more cabins, tents, trailers, shelters, recreation vehicles or similar accommodations of a design or character suitable for short-term or seasonal use and having drinking water and sewage disposal facilities approved by the Health Department; a camping ground.
CAMPGROUND; TRAVEL-TRAILER PARK
Any lot, parcel or tract of land on which two or more camp or travel trailers are located or parked for transient or seasonal use, regardless of whether or not a charge is made for such accommodations.
CAR (AUTO-VEHICLE) WASH
Any building or premises, or portion thereof, the use of which is devoted to the business of washing cars (autos or trucks) for a fee, whether by automated cleaning devices or otherwise.
CELLAR
A space partly underground but having more than 1/2 of its floor-to-ceiling height below the average outside ground level; an uninhabited space unless designed as an earth-sheltered residence.
CERTIFICATE OF OCCUPANCY
A certificate issued by the Code Enforcement Officer upon the completion of a construction, alteration or change in occupancy or use of a building and acknowledging compliance with all requirements of this chapter and such modifications thereto approved by the Zoning Board of Appeals, the Planning Board or Town Board and the New York State Uniform Fire Prevention and Building Code.
CHURCH or PLACE OF PUBLIC WORSHIP
A building or area of public assembly for worship.
CLINIC, HEALTH-RELATED
A building or portion thereof, the principal use of which is for offices of one or more practitioners for medical, dental or optical examination and treatment of persons on an outpatient or emergency basis.
CLUBHOUSE
A building to house a club or social organization not conducted for profit and which is not adjunct to or operated by or in connection with a public tavern, cafe or other public place.
CLUSTER DEVELOPMENT
The subdivision of an area into lots that are smaller than would customarily be permitted by this chapter, where the density of development is no greater than would be permitted in the district by conventional development and where the residual land produced by the smaller lot size is used for common recreation and open space.
CODE ENFORCEMENT OFFICER
The Code Enforcement Officer appointed pursuant to § 80-4 of this Code.
COMMUNITY RESIDENCE
Any residential facility operated by the state or which is operated by a state-certified or -licensed provider of services and which is designed to assist disabled individuals in the transition from institutional to independent living in the community, to provide a long-term supervised residence to individuals whose disability is such that independent living is improbable, to provide a temporary shelter for short periods of time in order to offer an alternative for admission to an institution, to provide a brief-stay substitute home to disabled individuals or to allow respite or vacation to such individuals' families or legal guardians. A community residence shall include, but shall not be limited to, halfway houses and hostels.
CONVENIENCE MART
A retail activity which offers for sale convenience goods, beverages and sundries, including motor fuel.
DAY-CARE FACILITY
Day care provided on a regular basis for more than three children or adults away from their own homes for more than three hours and fewer than 24 hours per day.
DEPENDENT RELATIVE
A person who, for economic or medical reasons, is dependent on another person who is related by blood, marriage or adoption.
DUMPSTER
A refuse receptacle capable of holding one yard or more of refuse; a dumpster will be considered an accessory structure.
DWELLING
A building or structure that meets the following criteria:
A. 
Designed, used or intended to be used as complete living quarters for one family or household.
B. 
Provides cooking and bathroom facilities and an independent entrance from the outside or from a common hall or entryway.
C. 
Meets applicable requirements of the New York State Uniform Fire Prevention and Building Code.
DWELLING, EARTH-SHELTERED
A one- or two-unit dwelling specifically designed and constructed to use earth as a barrier and temperature moderator. In such dwelling, the roof and exterior walls may be covered by earth if at least one exterior wall is exposed to light and air and has the outside ground level at or below the lowest habitable floor level for at least 1/2 of the length of such exposed wall.
DWELLING, MOBILE/MANUFACTURED HOME
A one-unit dwelling that has the following distinguishing characteristics:
A. 
Manufactured as a moveable or portable dwelling for year-round occupancy and for installation on a masonry or concrete foundation or a mobile home stand or piers, with or without a basement or cellar.
B. 
Designed to be transported on its own chassis and wheels connected to utilities after placement on a stand, foundation or piers.
C. 
May contain parts that can be folded, collapsed or telescoped when being towed and expanded later to provide additional living space.
D. 
May be constructed in two or more separately towable components designed to be joined into one integral unit capable of being again separated into the components for repeated towing.
E. 
Meets applicable requirements of the New York State Uniform Fire Prevention and Building Code.[1]
DWELLING, MULTIPLE
A dwelling occupied by three or more families, living independently of each other, and by not more than one boarder with each family and having separate kitchen and bathroom facilities for each family.
DWELLING, SINGLE-FAMILY
A detached dwelling occupied exclusively by one family and not more than two boarders.
DWELLING, TOWNHOUSE
A dwelling containing two or more dwelling units, each of which has one or two side walls in common with side walls of abutting dwelling units and which are party or lot-line walls. It provides single-family housing for sale in an approved subdivision. Rental housing of this architectural style shall be considered multiple-family.
DWELLING, TWO-FAMILY
A detached building containing no more than two dwellings.
FAMILY
An individual or two or more persons related by blood, marriage or adoption (a household).
FAMILY-CARE FACILITY
Living space in private homes in which a family or individual cares, on a twenty-four-hour basis, for up to three mentally or physically disabled children or adults. The state site-selection law does not apply. (See also "residential-care facility, adult.")
FARM
A parcel of land of five or more acres used principally in the raising or production of agricultural products and the necessary farm structures and storage of equipment used on the premises.
FARM LABOR CAMP
A farm labor camp is defined to be the same as a "migrant labor camp," as defined by Chapter 1, Part 15, of the New York State Sanitary Code. For purposes of this chapter, a farm labor camp shall consist of facilities occupied by one or more persons. [See § 150-43F(1).]
[Amended 12-17-2018 by L.L. No. 5-2018]
FARM MARKET
An operation selling agricultural produce and plant materials which have been grown on- or off-site (edible and nonedible) and other incidental and ancillary items such as fertilizers, herbicides and pesticides, lawn and garden tools and equipment, and lawn furniture.
FENCE
Any constructed barrier of wood, masonry, stone, wire, metal or any other manufactured material or combination of materials.
[Amended 7-14-2008 by L.L. No. 3-2008]
FRONTAGE
That portion of a lot abutting on a public right-of-way.
GARAGE, COMMERCIAL OR PUBLIC
A building and premises used for the storage, commercial repair, rental, and/or servicing of motor vehicles and/or for retail sale of fuel for such vehicles.
GARAGE, PRIVATE
An enclosed area for the storage of one or more motor vehicles in which no business, occupation or service is conducted for profit, other than the rental of space.
GREENHOUSE
Any building or structure in which light, temperature and humidity can be controlled for the protection and growing of flowers, vegetables and other plants that are to be sold commercially.
GROUND-MOUNTED SOLAR ENERGY SYSTEM
A solar energy system that is anchored to the ground and attached to a pole or similar mounting system, detached from any other structure, for the primary purpose of producing electricity for on-site or off-site consumption.
[Added 6-11-2018 by L.L. No. 2-2018]
HAZARDOUS WASTE
Defined, for purposes of New York State Department of Environmental Conservation (DEC) regulations and for purposes of this chapter, in 6 NYCRR 371.1(d) through (d)(4). "Hazardous waste" is further defined by the Environmental Protection Agency beginning at 40 CFR 261.3, which is incorporated by reference into this section.
HAZARDOUS WASTE (HIGH)
Defined by the United States Nuclear Regulatory Commission (NRC) and for purposes of this chapter as irradiated reactor fuel, liquid waste resulting from the operation of the first-cycle solvent-extraction system or equivalent and the concentrated waste from subsequent extraction cycles or equivalent in a facility for reprocessing irradiated reactor fuel, and solids into which such liquid wastes have been converted, all as set forth in 10 CFR 60.2.
HAZARDOUS WASTE (LOW)
Defined, for purposes of this chapter, in accordance with the FEMA (Federal Emergency Management Agency) definition of low-level radioactive waste, i.e., radioactive waste that is neither high-level waste, nor transuranic waste, nor spent nuclear fuel, nor by-product material; as defined in Section 11.e(2) of the Atomic Energy Act of 1954, as amended, and classified by the federal government as low-level waste consistent with existing law, which definition is hereby specifically incorporated into this section.
HAZARDOUS WASTE TREATMENT, STORAGE, DISPOSAL FACILITY
For purposes of this chapter, defined per New York State DEC regulations at 6 NYCRR 370.2(b)(177). It is further defined by the Environmental Protection Agency at 40 CFR 260.10.
HIGHWAY LINE
The line which is the boundary between a lot and the right-of-way, private road, street or highway. Where the highway line is not readily determinable and has not been established by a highway survey, computation to determine the highway line shall be made from the center of the existing traveled portion of the way or pavement, which shall be deemed the center of the highway for the purposes of this chapter. A three-rod right-of-way shall be used for computing unless a wider highway right-of-way has been otherwise established.
HOME OCCUPATION
Any use customarily conducted entirely within a dwelling, provided that such use is carried on solely by the residents of the dwelling and is clearly incidental and secondary to the use of the dwelling for dwelling purposes, and meeting the performance standards set forth in § 150-42Q of this chapter.
HOSPITAL
A building used for the diagnosis, treatment or other care of human ailments, which term includes a sanitarium, clinic, rest home, nursing home and convalescent home.
JUNKYARD
A. 
A lot, land or structure or building, where junk or discarded or salvaged materials are bought, sold, exchanged, sorted, baled, packed, disassembled, handled or abandoned, whether for the purpose of resale or sale of used parts therefrom, for the purpose of reclaiming for use some or all of the materials therein or the purpose of storage or disposing of the same for any other purpose. "Junkyard" includes but is not limited to the place of storage or deposit of two or more unregistered motor vehicles or parts and waste materials therefrom which, taken together, equal in bulk two or more motor vehicles and are kept outside a completely enclosed building or structure; automobile or other vehicle or machinery wrecking or dismantling yards; and places or yards for storage of construction and demolition material. The term "junkyard" shall not include a commercial establishment entirely enclosed in a building or structure, such as a shop for the purchase, sale or storage and repair of furniture, household or garden equipment and clothing, or for the processing of used, discarded or salvaged material as parts of an industrial process carried out inside an enclosed building or structure with no outside storage.
B. 
Exceptions:
(1) 
New and/or used motor vehicles that are operable and qualify for a current New York State motor vehicle inspection and registration sticker under Article 5 of the New York Motor Vehicle and Traffic Law may be stored on a lot in accordance with the provisions of this chapter. (See § 150-47C.)
(2) 
Vehicles that are operable and qualify for a current New York State motor vehicle inspection sticker, which vehicles are subject to seasonal use, such as recreation vehicles and snowmobiles, even though such vehicles may be unlicensed during the part of the year they are not in use, may be stored on a lot in accordance with the provisions of this chapter. (See § 150-47C.)
(3) 
The storage of agricultural equipment, machinery and vehicles in any district when such material is part of an active farm operation.
(4) 
Solid waste disposal operations that are run by or licensed by an official governmental body, if otherwise permitted by other provisions of this chapter.
KENNEL
An accessory building or structure used for the boarding, breeding or sale of more than three domestic animals. [See § 150-43F(2).]
LARGE-SCALE SOLAR ENERGY SYSTEM
A solar energy system that is ground-mounted and produces energy solely or partly for off-site sale or consumption.
[Added 6-11-2018 by L.L. No. 2-2018]
LIGHT MANUFACTURING
The manufacture, assembly or processing of the following products: scientific, medical, dental, optical, photographic, electronic, electrical, mechanical or tool or die equipment, or instruments or components thereof; medical, dental, or pharmaceutical supplies; plastic products (but not the manufacture of plastics); business and office equipment; furniture and cabinets; food or beverage products (but not canning or freezing of fruits or vegetables, slaughtering, meat packing or fermentation or distillation of alcoholic beverages); or other similar products.
[Added 8-10-2009 by L.L. No. 2-2009]
LOT
A parcel of land, with or without buildings or structures, delineated by lot lines and having frontage on or access to a street as defined in this chapter.
LOT, CORNER
A lot at the junction of and abutting on two or more intersecting streets where the interior angle of intersection does not exceed 135°. Any lot abutting a curved street where the interior angle formed by the intersection of lines drawn tangent to the street at the points of intersection of street and lot lines does not exceed 135° shall also be considered a corner lot. All corner lots are deemed to have two front yards and two side yards and no rear yard.
LOT COVERAGE
The aggregate area of the lot covered by principal buildings or structures, plus each accessory building or structure.
LOT DEPTH
The mean horizontal distance from the front line of a lot to its rear lot line, measured in the general direction of its side lot lines. In the case of a corner lot, the rear lot line shall be a side yard line for purposes of computing distances.
LOT, FLAG
A lot, shaped similar to a flag on a pole, where the width of the "pole" portion of the lot is significantly less than the "flag" portion of the lot. The "pole" portion of the lot must be at least 25 feet in width and must be used for a driveway or other access way, only. All structures must be located on the "flag" portion of the lot. The "pole" portion of the lot is not considered a part of the front yard of the lot.
LOT WIDTH
The mean width, measured at right angles to its depth.
MANUFACTURED HOME
See "dwelling, mobile/manufactured home."
MOBILE HOME
See "dwelling, mobile/manufactured home."
MOBILE/MANUFACTURED HOME PARK
Any plot of ground upon which two or more occupied mobile/manufactured homes are located.
MOTOR VEHICLE SERVICE STATION
A building or premises or portion thereof used primarily for the retail sale of fuel for motor vehicles and for minor repairs.
NONCONFORMING LOT
A lot of record existing at the date of adoption of this chapter which does not meet the minimum requirements for the zone in which such lot is located. (See Article IX.)
NONCONFORMING USE
Use of a building or of land for a purpose that does not conform to the regulations of the zone in which such building or land is located.
NURSERY SCHOOL
A school that is organized for the purpose of educating a group of six or more children less than seven years of age under supervision of certified teachers and providing a program of learning activities. (See § 150-42N.)
NURSING OR CONVALESCENT HOME
Any licensed establishment where persons are lodged and furnished with meals and nursing and/or custodial care for hire. [See § 150-43F(7).] (See also "residential care facility, adult.")
OPEN SPACE
That portion of a lot that is not used for buildings or structures or parking. Open space may include lawns, shrubbery, trees, garden areas, footpaths, play areas, ponds, watercourses, wooded areas and paved surfaces that are not used for vehicular parking of any kind.
PERSONAL SERVICE ESTABLISHMENT
A store or shop providing personal, financial, technical or repair services, assistance or advice to individual consumers, including but not limited to:
[Amended 9-21-2020 by L.L. No. 5-2020]
A. 
Arts and crafts studios or stores.
B. 
Appliance repair and rental.
C. 
Bicycle repair.
D. 
Barbershops and beauty shops.
E. 
Dressmakers and tailors.
F. 
Dry-cleaning or laundry pickup stations.
G. 
Laundromat.
H. 
Locksmiths.
I. 
Musical instrument repair.
J. 
Professional photographer's studios.
K. 
Shoe repair.
L. 
Furniture upholstering shops.
M. 
Watch repair.
N. 
Copy services.
PLACE OF PUBLIC ASSEMBLY
All buildings or portions thereof or spaces used or intended to be used for gathering together 50 or more persons for amusement, athletic, civic, dining, educational, entertainment, patriotic, political, recreational, religious, social or similar purposes. Manufacturing establishments and similar employment centers are not places of public assembly for purposes of this chapter.
PLANNED UNIT DEVELOPMENT
A tract of land, in single ownership or controlled by a partnership, corporation or cooperative group, which is developed as a unit for residential purposes or with a combination of residential and nonresidential buildings, with all needed or required roadways, parking, accessory buildings and open spaces. A planned unit development shall involve a detailed plan review and approval in accordance with § 150-43F(6) of this chapter.
POWER GENERATION AND DISTRIBUTION FACILITY
A facility used to create and distribute electric power for public consumption.
PRINCIPAL BUILDING
A building or structure in which is conducted the main or principal use of the lot on which said building or structure is located.
RECREATIONAL EQUIPMENT
Any item used for recreational purposes that requires state registration.
RESIDENTIAL-CARE FACILITY, ADULT
Residential facilities for adults where minimal medical care and personal hygiene are provided to residents on a twenty-four-hour basis for persons who, by reason of limitations associated with age or physical disabilities, are unable to live independently. There are two types of facilities:
A. 
Facilities for three or fewer adults, licensed and periodically inspected by the Department of Social Services.
B. 
Facilities for four or more adults, licensed and periodically inspected by the New York State Department of Social Services.
RESTAURANT
A building or structure where food and beverages, whether or not alcoholic, are sold to the public for consumption on the premises.
ROADSIDE STAND
A temporary structure for the sale of produce produced on site. See § 150-42B.
ROOF-MOUNTED SOLAR ENERGY SYSTEM
A solar panel system located on the roof of any legally permitted building or structure, for the purpose of producing electricity for on-site or off-site consumption.
[Added 6-11-2018 by L.L. No. 2-2018]
SIGN
Any device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public, but not including any flag, badge or insignia of any government or government agency or of any civic, charitable, religious, patriotic, fraternal or similar organization.
SITE PLAN
A plan or plans of a lot, subdivision or proposed development that is prepared for site plan review pursuant to the provisions of Article VI of this chapter.
SMALL-SCALE SOLAR ENERGY SYSTEM
A solar energy system that produces energy solely for on-site consumption.
[Added 6-11-2018 by L.L. No. 2-2018]
SOLAR ENERGY EQUIPMENT
Electrical energy storage devices, material, hardware, inverters, or other electrical equipment and photovoltaic conduit devices associated with electrical energy production.
[Added 6-11-2018 by L.L. No. 2-2018]
SOLAR ENERGY SYSTEM
Any electrical generating system composed of a combination of both solar panels and solar energy equipment.
[Added 6-11-2018 by L.L. No. 2-2018]
SOLAR PANEL
A photovoltaic device capable of collecting and converting solar energy into electrical energy.
[Added 6-11-2018 by L.L. No. 2-2018]
SOLID WASTE TRANSFER STATION
A combination of buildings or structures, machinery or devices at a place or facility where solid waste is taken from collection vehicles and placed in larger transportation units for movement to another solid waste management facility.[2]
STABLE, COMMERCIAL
A stable on or at which horses, ponies or similar types of animals, regardless of size, breed or species, are kept or fed for remuneration, hire or sale.
[Amended 8-10-2009 by L.L. No. 2-2009]
STABLE, PRIVATE
A stable which is an accessory use for the family which resides on the premises and on or at which horses, ponies or similar types of animals, regardless of size, breed or species, are kept or fed, but not for remuneration, sale or hire.
STREET LINE
The right-of-way of the street.
STREET or ROAD
A. 
A general term used to describe a right-of-way, municipally or privately owned, serving as a means of vehicular and pedestrian travel, furnishing space for sewers, public utilities and shade trees. Streets are classified by function as follows:
(1) 
PRIVATE ROADWAYA road serving no more than six lots, which will not be dedicated to the Town.
(2) 
RURAL DEVELOPMENT ROADA road used as a principal means of access to adjacent residential properties serving only six or fewer dwellings.
(3) 
SUBDIVISION ROADAny residential road serving six or more dwellings or a connecting road serving primarily developed neighborhoods with low volumes of through traffic. Subdivision roads are to be dedicated to the Town or owned and maintained by an acceptable legal entity.
(4) 
TOWN COLLECTOR ROADA road connecting district centers, serving large volumes of through traffic, located outside or bounding the residential neighborhoods.
B. 
Refer to the Town of Ontario Land Development Regulations and Public Works Requirements.[3]
STRUCTURE
Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. Structures include but shall not be limited to buildings (including their patios, decks, porches, steps and/or stairs), signs, walls, solid fences, radio towers, telecommunications devices, swimming pools, billboards, satellite dishes and poster panels.
[Amended 3-9-2009 by L.L. No. 1-2009]
TEMPORARY USE
An activity or land use established for a specific limited period of time, which may not otherwise be permitted by the provisions of this chapter. (See also §§ 150-42H and 150-59B.)
TOURIST HOME
A dwelling occupied by one family and in which not more than six rooms are rented to the transient public on a daily or weekly basis and food is served only to residents.
TRAILER
A. 
CAMP or TRAVELA portable structure or vehicle equipped but not regularly used for sleeping and which may have bathroom facilities; a recreational vehicle or recreational equipment not designed to be put on a foundation.
B. 
CONSTRUCTIONA portable structure or vehicle used by a builder or contractor during the period of new construction which is removed upon issuance of a final certificate of occupancy for a structure or at the completion of one or more phases of a subdivision.
TRANSIENT RESIDENT
A person who pays for sleeping accommodations in a commercial profit-making establishment for a period of seven or fewer consecutive nights; a transient guest.
USE
The specific purposes for which land or a building or structure is designed, arranged, intended or for which it is or may be occupied or maintained.[4]
VARIANCE
Written authority to deviate from any of the provisions, including use of land, of this chapter, said authority to be granted by the Zoning Board of Appeals in accordance with § 150-69 of this chapter.
VEHICLE BODY SHOP
Any building or structure used primarily for the repair or painting of motor vehicle bodies, whether or not such activity also includes motor service or repair and the sale of motor vehicle fuel. [See § 150-43F(14).]
VEHICLE DISMANTLING FACILITY or VEHICLE RECYCLING FACILITY
Any establishment or place of business established, maintained, conducted and operated by a "vehicle dismantler," as such person is defined in New York Environmental Conservation Law Article 27, Title 23, Vehicle Dismantling Facilities, as it may be amended from time to time. This definition includes any person or entity engaged in the business of acquiring end-of-life motor vehicles or trailers for the purpose of dismantling the same for parts or reselling such vehicles as scrap, but shall not include a person that receives no more than 25 end-of-life vehicles per year and stores less than 50 end-of-life vehicles on site at any one time.
[Added 11-15-2021 by L.L. No. 4-2021]
VENDING MACHINE
A device or mechanism for dispensing merchandise or services to the public and designed to be operated by the purchaser.
YARD
An open space, on a lot, unoccupied and unobstructed from the ground upwards, except as otherwise permitted.
YARD, FRONT
An open, unoccupied space on the same lot with the principal building or structure, extending the full width of the lot and situated between the front highway line and the front building line, except for fences and/or other decorative or landscaping uses and exclusive of cornices, overhangs and chimneys. (See illustration included at the end of this chapter.)
YARD, REAR
The ground space on a lot between the rear line of the lot and the nearest point of the principal building or structure and extending the full width of the lot. (See illustration included at the end of this chapter.) In the case of a corner lot, there is no rear yard. A side yard line for the purposes of computing distances shall be considered the rear yard line.
YARD, SIDE
An open area on the same lot with the building or structure situated between the side yard line and the side lot line and extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed a side lot line. (See illustration included at the end of this chapter.)
[1]
Editor's Note: The former definition of "dwelling, modular," which immediately followed, was repealed 9-21-2020 by L.L. No. 5-2020.
[2]
Editor's Note: The former definition of “stable,” which immediately followed, was repealed 8-10-2009 by L.L. No. 2-2009.
[3]
Editor's Note: The Land Development Regulations and Public Works Requirements are on file in the Town offices.
[4]
Editor's Note: The former definition of “utility shed,” amended 7-14-2008 by L.L. No. 3-2008, which immediately followed this definition, was repealed 3-9-2009 by L.L. No. 1-2009.
[Amended 9-21-2020 by L.L. No. 5-2020]
A. 
The boundaries of the districts are established as shown on the map entitled the "Zoning Map of the Town of Ontario," and called the "Zoning Map" in this chapter. The Zoning Map, including all the explanatory material on it, is incorporated as a part of this chapter.
B. 
The Town Clerk shall certify the Zoning Map as part of this chapter and keep it on file in the Clerk's office.
C. 
Any change in the district boundaries or other matters shown on the Zoning Map shall be promptly made on the map, attested to by the Town Clerk. The chapter or law making such change shall provide for its immediate entry on the Zoning Map.
[Amended 9-21-2020 by L.L. No. 5-2020]
If there is uncertainty as to the exact boundaries of districts shown on the Zoning Map, the following rules shall apply:
A. 
Boundaries shown as approximately following the center lines of streets or highways shall be construed to follow such center lines.
B. 
Boundaries shown as approximately following plotted lot lines shall be construed to follow such lot lines.
C. 
Boundaries shown as following shorelines of streams, lakes and reservoirs shall be construed to follow such shorelines and to move with changes in the actual shorelines.
D. 
Boundaries indicated as parallel to or extensions of features indicated in Subsections A through C shall be construed to be parallel to or extensions of such features.
E. 
Distances not specifically set forth on the Zoning Map shall be determined by the scale of the map.