This chapter shall be known as the "1989 Zoning Law of the Town
of Pompey, New York."
A.Â
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.
B.Â
ACCESSORY USE
BUILDING
BUILDING, FRONT LINE OF
BUSINESS USE
COMMERCIAL; COMMERCIAL USES
COMMUNICATION TOWER
COMPREHENSIVE PLAN
DRIVEWAY ACCESS
DUMP
DWELLING
FARM
FARM STAND
GRAVEL MINING; MINERALS; OVERBURDEN; SPOIL AND TAILINGS
(1)Â
(a)Â
(b)Â
(c)Â
(d)Â
(e)Â
(2)Â
(a)Â
(b)Â
(c)Â
HOBBY
HOUSE TRAILER
INDUSTRIAL; INDUSTRIAL USE; INDUSTRY
JUNKYARD
LOT
LOT, DEPTH OF
LOT FRONTAGE
LOT LINE
LOT, WIDTH OF
MANUFACTURING; MANUFACTURING USES
MULTIPLE-FAMILY DWELLING
NONCONFORMING ELEMENT
OUTDOOR RECREATION FACILITY
OUTDOOR SALES AND STORAGE
RESIDENTIAL USE
SETBACK
STABLE, BOARDING AND RIDING
STABLE, PRIVATE
STREET LINE
TRAILER CAMP
USE
WAREHOUSE
As used in this chapter, the following terms shall have the meanings
indicated:
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.
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.
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.
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]
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.
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]
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.
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.
[Added 6-3-2013 by L.L. No. 1-2013]
Any of the following activities:
The extraction of overburden and minerals from the earth;
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);
The removal of such materials through sale or exchange, or for
commercial, industrial or municipal use;
The disposition of overburden, tailings and waste at the mine
location; or
Any combination of the above activities.
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:
MINERALSAny naturally formed, usually inorganic, solid material located on or below the surface of the earth. Minerals include, but are not limited to, peat, topsoil, gravel, and stone. For purposes hereof, and notwithstanding any provision hereof to the contrary, natural gas and other subsurface hydrocarbons shall not be considered minerals.
OVERBURDENAll of the earth, vegetation and other materials that lie above or alongside a mineral deposit.
SPOIL AND TAILINGSHave the meanings given to them by Article 23 of the New York State Environmental Conservation Law or any similar or successor statute.
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.
A vehicle used for living or sleeping purposes and standing
on wheels or rigid supports.
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.
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.
The distance along a lot line or portion of a lot line which
abuts a highway right-of-way.
Any boundary of a lot, including front, rear and side lines.
The mean width measured at right angles to its depth.
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]
A building or portion thereof used or designed as a residence
for three or more families living independently of each other.
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.
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.
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.
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.
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.
The maintaining of horses, mules, burros or other livestock
for personal use of the residents of the lot.
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]
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.
