A.Â
In the
interpretation of this chapter, the provisions and rules of this chapter
shall be observed and applied, except when the context clearly requires
otherwise.
(1)Â
Words in the present tense include the future;
(2)Â
Words in the singular include the plural and the plural the
singular;
(3)Â
The word "shall" is intended to be mandatory;
(4)Â
The word "lot" shall include the word "plot" or "parcel";
(5)Â
The word "person" shall include an individual, firm or corporation;
(6)Â
A building or structure includes any part thereof;
(7)Â
The word "and" indicates that all connected items, conditions,
provisions or events shall apply;
(8)Â
The word "or" indicates that the connected items, conditions,
provisions or events may apply singly or in any combination;
(9)Â
The words "either . . . or" indicates that the connected items,
conditions, provisions or events may apply singly but not in any combination;
(10)Â
The word "Town" means the Town of Porter, New York;
(11)Â
The word "county" means the County of Niagara, New York.
B.Â
In case
of any difference of meaning or implication between the text of this
chapter and any caption, illustration or table, the text shall control.
As used in this chapter, the following terms shall have the
meanings indicated:
A separate living unit created within a single-family home
and occupied by a family member.
Accessory storage is incidental, subordinate to, and serves
a permitted primary use. It contributes to the comfort, convenience
and/or necessities of the occupants of the permitted primary use.
Accessory storage shall be in the primary structure and or a permitted
accessory structure and located on the same lot as such primary use
or structure.
[Added 7-8-2019 by Ord.
No. 5-2019]
A structure, the use of which is customarily, and specifically,
incidental to that of the principal building or use that is located
on the same lot with the principal building. A deck or similar structure
or a garage attached to a principal structure by a roof or a common
wall shall be considered part of the principal structure.
A use which is customarily and specifically incidental to
that of the primary use of a lot. Uses listed in the primary use chart
of this chapter shall not be considered an accessory use.
An establishment where, for any form of consideration, one
or more still or motion-picture projectors, slide projectors or similar
machines, or other image-producing machines, for viewing for five
or fewer persons each, are regularly used to show films, motion pictures,
videocassettes/DVDs, slides or other photographic reproductions which
are characterized by the depiction or description of specified sexual
or anatomical activities.
[Amended 11-12-2013 by L.L. No. 2-2013]
A business which derives 25% or more of its gross income
from the sale or rental of, or utilizes 25% or more of its retail
selling area for, any one of the following: books, magazines, periodicals,
films, motion pictures, videos, slides, compact discs and/or computer-generated
or other visual representations which are characterized by the depiction
or description of specified sexual activities or specified anatomical
activities.[1]
A nightclub, bar, restaurant, bottle club, juice bar, club
or similar commercial establishment whether or not alcoholic beverages
are served which regularly features.
Persons who appear nude or in a state of nudity or seminudity;
Live performances which are characterized by the exposure of
specified anatomical activities or by specified sexual activities;
or
Films, motion pictures, videocassettes/DVDs, slides or other
photographic reproductions that are characterized by the depiction
or description of specified sexual activities or specified anatomical
activities.
A business where an adult male or female exposes parts of
his or her body identified in the definition of "specified anatomical
activities."
A hotel, motel or similar business which:
Offers public accommodations, for any form of consideration,
which provide patrons with closed circuit television transmissions,
films, motion pictures, videocassettes/DVDs, slides or other photographic
reproductions characterized by the depiction or description of specified
sexual activities or specified anatomical activities and which advertises
the availability of this sexually oriented type of material by means
of a sign visible from the public right-of-way, or by means of any
off-premises advertising, including, but not limited to, newspapers,
magazines, pamphlets or leaflets, radio or television;
Offers a sleeping room for rent for a period of time less than
10 hours; or
Allows a tenant or occupant to subrent the sleeping room for
a period of time less than 10 hours.
An enclosed or unenclosed building or structure or portion
of a building or structure or drive-in theater used for presenting
materials having, as a dominant theme, material distinguished or characterized
by an emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical activities for observation
by patrons therein.
A business which for any form of consideration, derives 25%
or more of its gross income from the sale or rental of or utilizes
25% or more of its retail selling area, for instruments, devices or
paraphernalia which are designed for use or marketed primarily for
stimulation of human genital organs or for sadomasochistic use or
abuse of themselves or others.
Any business involved in the dissemination of material distinguished
or characterized by an emphasis on matter depicting, describing or
relating to specified sexual activities or anatomical activities,
including but not limited to adult arcades, adult bookstores or video
stores, adult cabarets, adult live entertainment, adult motels, adult
motion-picture theaters, adult novelty stores and massage establishments.
A retail or wholesale enterprise providing services or products
principally utilized in agricultural production, including structures,
agricultural equipment and agricultural equipment parts, batteries
and tires, livestock, feed, seed, fertilizer and equipment repairs,
or providing for wholesale or retail sale of grain, fruit, produce,
trees, shrubs, flowers or other products of agricultural operations,
or for the retail sale of processed or unprocessed foods such as milk
and milk products, baked goods, meats, canned or bottled goods produced
as part of an ongoing agricultural operation.
Any landing area, runway or other facility, designed, used,
or intended to be used either publicly or privately by any person
or persons for landing and taking off of winged aircraft, including
all necessary taxiways, aircraft storage, tie-down areas, hangers
and other necessary and customary accessory buildings and open space.
As applied to a building or structure, the change or rearrangement
in the supporting members of a building or structure, such as bearing
walls, columns, beams or girders; an enlargement of a building or
structure, whether by extending on a side or by increasing in height;
the moving from one location or position to another; any alteration
whereby a structure is adapted to another or different use.
Any building or lot where four or more dogs are raised and/or
boarded for the purpose of sale, breeding, training or exhibition,
or are boarded for a fee or are sheltered for humanitarian reasons.
A facility where animals are given medical or surgical treatment
for compensation, and boarding of animals is incidental to such treatment.
A facility designed for the legal racing of animals, including
facilities for spectators and concession stands.
An independent, self-contained dwelling unit with its own
sleeping, sanitary and cooking facilities in a building containing
two or more such dwelling units or more than one use.
A building, which contains three or more apartments or two
apartments in the same building with another principal use, and may
include common areas for amenities exclusively used by the residents
of the building.
A development with three or more apartment buildings.
A property owner or agent of a property owner who has filed
an application for a land development activity.
An establishment where art is taught, studied, or practiced.
The arts may include but are not limited to music, dance, painting,
sculpture, photography, and modeling, but shall not include any art
associated with an adult use.
A facility providing living arrangements combining housing
with personal services and healthcare assistance. Assisted-living
facilities promote independence while providing care and support on
a twenty-four-hour basis. Assisted-living facilities are for people
needing assistance with activities of daily living, but wishing to
live as independently as possible for as long as possible. Assisted
living exists to bridge the gap between independent living and nursing
homes.
A business establishment authorized to perform financial
transaction such as receiving and lending money.
A facility designed and operated to serve food and beverages
to large crowds for celebrations, ceremonies, or charitable gatherings.
Food may either be prepared on site or catered in.
An establishment used primarily for the dispensing or sale
of alcoholic beverages by the drink for on-site consumption.
A proprietor-occupied and -operated dwelling originally designed
as a residential structure where overnight lodging and a breakfast
are provided for compensation to tourist or recreational guests.
Any building other than a hotel, motel, or bed-and-breakfast,
supervised or not, which provides living and sleeping arrangements
for four or more roomers, with or without meals being provided, for
a period of 10 days or longer, and who have agreed to pay a specific
rent for a room.
A strip of land which is planted and maintained in shrubs,
bushes, trees, grass or other ground cover material and within which
no building or structure shall be authorized except a wall or fence.
An immobile structure enclosed within exterior walls or firewalls,
built, erected and framed of component structural parts and designed
for the housing, shelter, enclosure, or support of individuals, animals
or property of any kind.
Primarily indoor retail establishments selling lumber and
other large building materials, and also including paint, wall paper,
glass, fixtures, nursery stock, lawn and garden supplies.
A building in which is conducted the main or principal use
of the lot on which said building is situated.
A parcel of land used or intended to be used, lot or rented
for transient, vacation and recreational occupancy by travel trailers,
campers, tents, recreational vehicles, motor homes and the motor vehicles
propelling or carrying the same, but excluding manufactured homes
designed for year-round occupancy or as a place of residence.
Any building or premises, or portion thereof, the use of
which is devoted to the business of washing automobiles for a fee,
whether by automated cleaning devices or otherwise.[2]
Land used or intended to be used for the burial of the dead
and may include columbariums, crematoriums, mausoleums, and mortuaries
when operated in conjunction with and within the boundaries of such
cemetery.
A certificate issued by the Zoning/Code Enforcement Officer
upon completion of construction, alteration or change in occupancy
or use of a building. Said certificate shall acknowledge compliance
with all the requirements of the New York State Uniform Fire Prevention
and Building Code.[3]
A transition to a use that is different, in terms of specific
use type than the use it replaces. Not included are changes in occupancy
involving the same specific use where there is not increase in floor
area, extension of use or addition.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
Any activity that removes the vegetative surface cover.
A nonprofit association of persons who are bona fide members
paying annual dues and which owns, hires or leases a building, or
portion thereof, the use of such building being restricted to members.
An institution of higher learning including all associated
facilities which may include dormitories, testing facilities, athletic
fields, and administration buildings. All buildings associated with
a college may not necessarily be located on the same site.
Any commercial activity conducted for gain which is generally
related to the entertainment field, including but not limited to bowling
alleys, roller-skating rinks, miniature golf, golf driving ranges,
billiard halls, and commercial swimming pools, but not including indoor
theaters, massage parlors, model studios or places in which pornographic
materials are displayed, sold or distributed or in which lewd or obscene
activity is conducted.
A facility where one or more horses are kept for riding,
driving, training, breeding, sale, or are boarded for a fee, including
indoor and outdoor riding arenas and paddocks, and where more than
50% of feed, bedding and other supplies are produced at off-premises
locations, and manure and other wastes are disposed of off-premises.
An apparatus designed for the purpose of emitting radio frequency
(RF) radiation, to be operated or operating from a fixed location
pursuant to FCC authorization, for the transmission of writing, signs,
signals, data, images, pictures, and sounds of all kinds, including
the transmitting device and any on-site equipment, switches, wiring,
cabling, power sources, shelters or cabinets associated with that
antenna and added to a tower, structure, or buildings as part of the
original installation of the antenna. For most services, an antenna
will be mounted on or in, and is distinct from, a supporting structure
such as a tower, structure or building. However, in the case of AM
broadcast stations, the entire tower or group of towers constitutes
the antenna for that station. For purposes of the nationwide agreement,
the term "antenna" does not include unintentional radiators, mobile
stations, or devices authorized under Part 15 of the FCC rules. Ham
radios and other privately operated radio devices shall not be considered
a communication antenna.
COMMUNICATION ANTENNA (EXISTING BUILDING)A communication antenna that is installed on an existing building.
COMMUNICATION ANTENNA (EXISTING TOWER)A communication antenna that is installed on an existing tower.
Any structure built for the sole or primary purpose of supporting
FCC licensed or authorized antennas, including the on-site fencing,
equipment, switches, wiring, cabling, power sources, shelters, or
cabinets associated with that tower but not installed as part of an
antenna as defined herein.
An area of land or an area of water, or a combination of
land and water, within a development site designed and intended for
the use and enjoyment of the residents of the development, not including
streets, off-street parking and areas set aside for public facilities.
Community open space shall be substantially free of structures but
may contain such improvements in the development plan as finally approved
and as are appropriate for the recreation of the residents. Community
open space may be publicly dedicated or may be owned by a homeowners'
association consisting of the landowners within a development or may
be owned by a single landowner; provided, however, that in the event
of ownership by a single landowner or homeowners' association, such
parcel or parcels shall be subject to restrictive covenants acceptable
to the Town and sufficient to satisfy its preservation against further
development and to preserve its character.
Any land, including the buildings and other improvements
thereon, with respect to which a declaration has been recorded in
accordance with Article 9-B of the New York Real Property Law.
A retail use having a gross floor area of no more than 2,500
square feet and whose primary offering is sale of prepackaged food
products, produce, with sale of ancillary items, such as household
items, flowers, and other good commonly associated with the same and
intended to meet the needs of the immediate neighborhood in which
it is located.
The percentage of a lot area occupied by the ground area
of principal and accessory buildings on such lot, excluding the area
occupied by a solar energy system.
The percentage of a lot area occupied by the ground area
of all principal and accessory buildings, driveways, swimming pools,
decks and other impermeable materials on such lot.
Daytime care or instruction of three or more persons away
from their own homes for more than three but less than 24 hours per
day, by an individual, association, corporation, institution or agency,
whether or not for compensation or reward.
Any establishment caring for children or adults that are
not considered family day-care homes, group family day-care homes
or family adult day-care homes. No day-care center shall be established
without prior licensing, and every permit for a day-care center shall
be conditioned upon the licensing, certification or other approval
of every public agency charged with the regulation or supervision
of any facet of the activity of the proposed center.
DAY-CARE HOME, FAMILYA program, licensed pursuant to NYS Social Service Law § 390, caring for children for more than three hours per day per child in which child day care is provided in a family home for three to six children. A family day-care provider may, however, care for seven or eight children at any one time if no more than six of the children are less than school age and the school-aged children receive care primarily before or alter the period such children are ordinarily in school, during school lunch periods, on school holidays, or during those periods of the year in which school is not in session in accordance with the regulations of the department and the department inspects such home to determine whether the provider can care adequately for seven or eight children.
DAY-CARE HOME, FAMILY ADULTA program caring for adults for more than three hours per day per person in which day care is provided in a family home for three to six adults.
DAY-CARE HOME, GROUP FAMILYA program, licensed pursuant to NYS Social Service Law § 390, caring for children for more than three hours per day per child in which child day care is provided in a family home for seven to 10 children of all ages, or up to 12 children where all of such children are over two years of age, except for those programs operating as a family day-care home which care for seven or eight children. A group family day-care provider may provide child day-care services to two additional children if such additional children are of school age and such children receive services only before or after the period such children are ordinarily in school or during school lunch periods, or school holidays, or during those periods of the year in which school is not in session.
New York State Department of Environmental Conservation.
The deliberate appropriation of property by its owner for
general public use.
The New York State Stormwater Management Design Manual (New
York State Department of Environmental Conservation), most recent
version, including applicable updates, that serves as the official
guide for stormwater management principles, methods and practices.
As used in this chapter, a series of specific building and
site development requirements established for the purpose of providing
standards for property owners, architects, and contractors to aid
in the preparation of appropriate plans and to enhance and protect
quality development.
The condition or appearance of a building or structure characterized
by holes, breaks, rot, crumbling, cracking, peeling, rusting or other
evidence of physical decay or neglect, excessive use or lack of maintenance.
A person who undertakes land development activities.
Any structure, other than a sorority or fraternity house,
owned or controlled by an educational institution and occupied primarily
as a place of temporary residence for persons whose permanent residence
is elsewhere and who are employed or enrolled at the educational institution.
A portion of a structure otherwise permitted by this chapter
that by physical design and location encourages or permits customers
to receive a service or obtain a product while remaining in a motor
vehicle.
An establishment which sells prescription and nonprescription
drugs as well as other common household items.
A building or portion thereof designed or used exclusively
for residential occupancy, including one-family dwellings, two-family
dwellings, and multifamily dwellings. A "boarding" or "rooming house,"
"nursing home," "dormitory," "hotel" or other similar structure shall
not be deemed a dwelling.
DWELLING, MULTIFAMILYA dwelling on a single lot with three or more dwelling units. See also "apartment building."
DWELLING, SINGLE-FAMILY ATTACHEDA row of two or more adjoining dwelling units each on their own lot, each of which is separated from the others by one or more party walls. See also "townhouse."
DWELLING, SINGLE-FAMILY DETACHEDA dwelling designed for and occupied by not more than one family and surrounded by open space or yards and having no roof, wall or floor in common with any other dwelling unit.
DWELLING, TWO-FAMILYA dwelling designed for and occupied by not more than two families in separate dwelling units.
One or more living or sleeping rooms with cooking and sanitary
facilities for one person or one family.
A college or university giving general academic instruction.
Included within this term are areas or structures for administration,
housing of students, dining halls, and social or athletic activities
when located on part of the institutions land that is not detached
from that portion of the campus where classroom facilities are maintained,
by more than a street and/or other property owned by the institution.
The most recent version of the New York Standards and Specifications
for Erosion and Sediment Control manual (Empire State Chapter of the
Soil and Water Conservation Society), commonly known as the "Blue
Book."
The disturbance of the soil on a lot or lots that will affect
the lesser of 1/4 acre, one foot change in grade, or will alter drainage
patterns off-site.
Any premises or open space or any part thereof or any building
or structure that may be lawfully viewed by any member of the public
from a sidewalk, street, alleyway or from any other adjoining or neighboring
premises.
Open space on the premises outside of any building located
thereon.
The control and elimination of insects, rodents and vermin.
Persons occupying a dwelling unit and living together as
a family unit. It shall be presumptive evidence that more than four
persons living in a single dwelling unit who are not related by blood,
marriage, domestic partnership or legal adoption do not constitute
the family unit. In determining whether individuals are living together
as a family unit, the following criteria must be present:
The occupants must share the entire dwelling unit and live and
cook together as a single housekeeping unit. A unit in which the various
occupants act as separate roomers may not be deemed to be occupied
by the functional equivalent of a family;[4]
The group shares expenses for food, rent or ownership costs,
utilities and other household expenses;
The group is permanent and stable. Evidence of such permanency
and stability may include:
The presence of minor dependent children regularly residing
in the household who are enrolled in a local school;
Members of the household having the same address for the purposes
of voter registration, driver's license, motor vehicle registration
and filing of taxes;
Members of the household are employed in the area;
The household has been living together as a unit for one year
or more whether in the current dwelling unit or other dwelling units;
Common ownership of the furniture and appliances among the members
of the household; and
The group is not transient or temporary in nature.
Any other factor reasonably related to whether or not the group
is the functional equivalent of a family;
A fraternity or sorority will not be considered the functional
equivalent of a family.
The land and buildings, equipment, manure processing and
handling facilities, and practices which contribute to the production,
preparation and marketing of crops, livestock and livestock products
as a commercial enterprise, including a commercial horse boarding
operation as defined in the Agriculture and Markets Law Article 25-AA,
§ 301.
An enterprise or association that consistently occupies a
given site on a seasonal basis, operating principally as a common
marketplace for the sale of locally grown fresh produce and farm products,
where the farm products sold are produced by the participating farmers.
A market manager shall be required and identified; market manager
is responsible for running the market. Depending on the size of the
market, the market manager may be a volunteer or a full-time employee.
The market manager shall have the authority to enforce the market
rules and the responsibility to ensure that all the vendors are treated
in a manner consistent with the rules. Farmers' markets shall implement
guidelines and operating rules that ensure the farmers' market consists
principally of farms selling directly to the public products that
the farms have produced.
[Added 7-12-2021 by L.L.
No. 7-2021]
A farm market shall be allowed with a streamlined site plan
review, and a building permit, as an accessory use related to an agricultural
activity occurring on a farm, and shall satisfy the following requirements:
[Amended 7-12-2021 by L.L. No. 7-2021]
A farm market shall be an accessory use to the principal farm
operations and shall only be for the use of the farmer/farmer's applicant
(referred to collectively herein as "farmer-applicant") and his/her
immediate family. In the event that such market is used by any other
person, company, corporation or business or commercial entity, whether
it is rented, leased, or the right of use transferred in any way from
the farmer-applicant to any other person, corporation or business
entity, then such a use shall not be deemed an accessory use to the
farm and shall be deemed a violation of this zoning law.
A farm market building is subject to compliance with the currently
adopted building and zoning codes.
Off-street parking shall be provided per regulations herein:
The farmer-applicant may grow products on any number of other
parcels and sell the products from same, provided that all the parcels
are part of a single agricultural operation under the control of the
farmer-applicant, whose primary farm is in Porter.
At least 50% of the amount of the annual retail sales of agricultural,
horticultural, floricultural, vegetable and fruit products, livestock
and meats, poultry, eggs, dairy products, nuts, honey, wool, and hides,
and other agricultural or farm products shall be grown, raised or
produced on the farm (single agricultural operation) at which the
market is located. Notwithstanding the restrictions (herein), the
farmer-applicant may sell supporting farm products and farm products
not grown by the farmer-applicant, provided that said products do
not exceed 50% of the total annual retail sales at the farm market.
Supporting farm products may include, but shall not necessarily be
limited to, baked goods, eggs, dairy products, preserves, syrups,
herbal vinegars and salad dressings. Supporting farm products shall
not include prepackaged grocery items or tropical fruits.
The farm market may also contain a bakeshop for the production
and sale of goods baked on premises and may sell food prepared on
premises for off-site consumption utilizing agricultural and farm
products sold at the farm market, in compliance with all county, state
and federal regulation for such activity.
The owner of the farm market may also sponsor and conduct farm
and harvest festivals on-site, provided that the festivals are designed
to provide agricultural marketing and promotional opportunities for
the farm and/or the region's agricultural producers and further providing
that each such festival receives a temporary permit pursuant to the
Code of the Town of Porter.
A farm market may be operated on a year-round basis and may
contain bathrooms and/or a kitchen occupying no more than 20% of the
gross floor area.
The restriction, herein, shall not take precedent over the currently
adopted NYSAML.
The use of land and on-farm buildings and all activities
and practices which are inherent and necessary to the operation of
a farm and which contribute to the production, preparation, and marketing
of crops, livestock and livestock products as a commercial enterprise,
including a commercial horse boarding operation, as defined and governed
in the Agriculture and Markets Law Article 25-AA, § 301.
An impoundment of water on a farm property used for a legitimate
farming operation.
A temporary or permanent structure that is clearly accessory
to an agricultural operation and occupied by farm workers employed
on the premises and their families.
The floor area of a building, but excluding stairwells and
elevator shafts at each floor; floors or parts of floors devoted exclusively
to vehicular parking or loading; and all floors below the first or
ground floor except when used for or intended to be used for service
to the public as customers, patrons, clients, patients or tenants.
A large facility engaged in the transformation of raw ingredients
into food that is suited for consumption. Some techniques include
peeling and husking, pasteurization, slicing, mincing, liquefaction,
cooking, mixing, seasoning, butchering, pickling, fermentation, culture,
carbonation, condensation, and extraction.
A building used for the preparation of deceased human beings
for burial or interment and for the display of the deceased and ceremonies
connected therewith before burial or cremation.
A building or part of a building used for the parking of
one or more operative motor vehicles.
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking and/or consumption of food.
A retail establishment providing plants, trees, flowers and
other landscaping and gardening materials primarily to the public,
including plant nurseries and greenhouses.
A small variety establishment selling primarily to local
patrons.
A tract of land laid out for at least three holes for playing
the game of golf and improved with tees, greens, fairways, and hazards
and that may include ancillary uses such as a clubhouse, restaurant,
tennis courts, swimming pool, parking lot, driving range, and maintenance
buildings, any of which may be rented out for events.
Excavation or fill of material, including the resulting conditions
thereof.[5]
A grocery store, with a floor area greater than 2,500 square
feet but not exceeding 40,000 square feet, established primarily for
the retailing of food
Any condition, man-made or natural, which affords a breeding
place or hiding place for rodents, insects, or other pests.
Waste which because of its quantity, concentration, or physical,
chemical, or infectious characteristics may pose a substantial present
or potential hazard to human health or the environment when improperly
treated, stored, or disposed of, or otherwise managed.
The vertical distance measured from the average elevation
of the finished grade at the front of the building to the highest
point of the roof for flat roofs, to the deck line for mansard roofs
and to the mean height between eaves and ridge for gable, hip and
gambrel roofs. Height does not include chimneys, cooling towers, elevator
bulkheads, ornamental cupolas, domes or spires, and/or parapet walls
that do not exceed 10 feet in height.
The vertical distance measured from the average elevation
of the base to the highest fixed point of the structure.
Any area of land, water or structure which is used or intended
to be used for the landing and takeoff of helicopters and any appurtenant
areas which are used for heliport buildings or helicopter facilities
or rights-of-way, together with all heliport buildings and facilities
thereon.
An occupation, profession, activity, or use conducted by
the residents of the property that is clearly a customary, incidental,
and secondary use of a residential dwelling unit and which does not
alter the exterior of the property or affect the residential character
of the neighborhood.
An association of homeowners and lot owners having responsibilities
for the management and upkeep of common property and improvements.
A duly licensed institution providing medical or surgical
care and treatment for the sick and injured.
A facility offering transient lodging accommodations on a
daily rate to the general public and providing additional services,
such as restaurants, meeting rooms, and recreational facilities.
A building, facility or organization catering exclusively
to members and their guests, including facilities for trap shooting,
target shooting, and archery, for both practice and competition, and
other outdoor recreational pursuits by members and their guests, except
motorized racing; provided, however, that there are not conducted
any vending stands, merchandising or other commercial activities except
as may be incidental to the operation and maintenance of the facility,
and generally for the benefit of members and to further the purposes
of the club.
Those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snowmelt and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc.).
The allowance of a given variation of the zoning regulation
in exchange for a community benefit pursuant to Town Law § 261-b.
A State Pollutant Discharge Elimination System (SPDES) permit
issued to a commercial industry or group of industries which regulates
the pollutant levels associated with industrial stormwater discharges
or specifies on-site pollution control strategies.
Any activity conducted in connection with the manufacture,
assembly, disassembly, fabrication, resource recovery, storage or
processing of materials or products, all or any part of which is marketed
off the premises or marketed to other than the ultimate consumer.
The presence of insects, rodents, vermin or other pests on
the premises which constitute a health hazard, either to the occupants
or operators of the premises and/or to surrounding properties and/or
residents.[6]
The process of percolating stormwater into the subsoil.
Any motor vehicle which satisfies one or more of the following
criteria:
That is partially dismantled or wrecked;
That is not operable;
That is unlicensed;
That could not be safely or legally operated on a highway;
That in any other way constitutes a threat to public health,
safety and welfare; or
That has not been moved for a continuous period of more than
45 days.
An open area used for the storage or accumulation of wastes,
used and secondhand materials including but not limited to building
materials, scrap metal, plastic, paper, rags, glass, broken appliances
and electronic equipment, rubber tires, bottles, refuse, inoperative
vehicles and other machinery, and other debris that is not generated
by or used in any ongoing agricultural operations on the premises.
For the purpose of this Zoning Law, an "automobile wrecking yard"
is also considered a "junkyard."
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support a prevalence
of vegetation typically adapted for life in saturated soil conditions,
commonly known as "hydrophytic vegetation."
Construction activity including clearing, grading, excavating,
soil disturbance or placement of fill that results in land disturbance
of equal to or greater than one acre, or activities disturbing less
than one acre of total land area that is part of a larger common plan
of development or sale, even though multiple separate and distinct
land development activities may take place at different times on different
schedules.
The legal or beneficial owner of land, including those holding
the right to purchase or lease the land, or any other person holding
proprietary rights in the land.
A landscape architect or professional engineer licensed to
practice his or her profession in New York State.
An unobstructed, hard-surfaced area, no part of which is
located in any street or public right-of-way and the principal use
of which is for the standing, loading or unloading of trucks and trailers.
An area of land not divided by streets, having frontage on
a street, consisting of a single parcel occupied or to be occupied
by a building or buildings together with any required open spaces,
or devoted or to be devoted to a particular use or combination of
uses permitted under this zoning chapter.
LOT AREAThe total horizontal area included within the lot lines. For purposes of these regulations, the area below the high water line shall not be included in the calculation of the lot area.
LOT, CORNERA lot at the junction of and abutting on two or more intersecting streets. Any yard fronting on a street shall be deemed front yards.
LOT, DEPTHThe horizontal distance between the midpoints of the front and rear lot lines measured in the general direction of the side lot lines.
LOT, FLAGA parcel of land that is accessible only by a very long narrow strip leading from a main road. Flag lots are not permitted. Flag-shape lots may be permitted provided the minimum road frontage is satisfied.
LOT, INTERIORA lot other than a corner lot.
LOT LINE (or PROPERTY LINE)A boundary of a lot.
LOT LINE, FRONTThe street line along the principal street on which the lot abuts.
LOT LINE, SIDEThe lines separating the lot from the immediately adjacent lot.
LOT LINE, REARThe boundary of a lot, which is most distant from, and is or is most nearly parallel to, the front lot line.
LOT, THROUGHA lot, which is not a corner lot, and which has two street lines.
LOT, WIDTHThe distance between the side lot lines measured across the required front yard minimum setback line.
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A lot which is part of a subdivision recorded in the office
of the County Clerk or a lot or parcel described by metes and bounds
which has been so recorded prior to the effective date of this Zoning
Law or any amendment thereof that would affect such lot.
A workshop where power-driven tools are used for making,
finishing, or repairing machines or machine parts.
A legally recorded document that acts as a property deed
restriction, and which provides for long-term maintenance of stormwater
management practices.
A dwelling unit, built to HUD standards, which incorporates
structures or components designed for residential occupancy, constructed
by a method or system of construction whereby the structure or component
is wholly or in substantial part manufactured in a manufacturing facility
and is intended for permanent installation on a building site. For
the purposes of this Zoning Law, a manufactured home shall be treated
the same as a dwelling unit constructed on-site as long as it has
at least 1,000 square feet of floor area and meets the requirements
of the district.
A facility designed to collect and anaerobically digest animal
waste into fertilizer.
A facility for storing, servicing, fueling, berthing, and
securing, and launching of private pleasure craft that may include
the sale of fuel and incidental supplies for the boat owners, crews
and guests.
A structure or portion of a structure used by physicians,
surgeons, dentist, chiropractor, optometrist, psychologist, psychiatrist,
or other health-related professional.
An enclosed area or structure used for the storage of items
not belonging to the owner of the land on which such enclosed area
or structure is located, in exchange for rent paid for the use of
said enclosed area or structure. A mini storage facility may also
include an area for outdoor storage of recreational vehicles.
A structure or structures containing a mix commercial and
residential uses.
A structure, whether occupied or not, transportable in one
or more sections, and which is built on a permanent chassis and designed
to be used as a dwelling with or without a permanent foundation when
connected to required utilities, and includes plumbing, heating, and
air conditioning and electrical systems contained therein. For the
purposes of this Zoning Law, a mobile home may be used as a dwelling
for a migrant worker on a farm lot or in a mobile home park.
A parcel that has been improved for the rental or lease of
two or more lots and the provision of services for mobile homes for
nontransient residential use.
A building or groups of buildings designed or used primarily
for providing sleeping accommodations for automobile travelers and
having parking spaces adjacent to the sleeping rooms.
A facility designed for racing all types of motor vehicles
including facilities for spectators and concession stands.
A lot of record which does not comply with the lot requirements
for any permitted use in the district in which it is located.
Any sign lawfully existing prior to the date of enactment
of any provision of this chapter or any amendment thereto to which
it does not conform.
Any structure or part of a structure legally existing at
the time of the enactment of this chapter or any of its amendments
which does not conform to the provisions of this chapter.
Any use lawfully being made of any land, building or structure,
including an accessory use on the effective date of this chapter,
or any amendment to it rendering such use nonconforming, which does
not comply with all of the regulations of this chapter, or any amendment
hereto, governing use for the zoning district in which such land,
building or structure is located.
Pollution from any source other than from any discernible,
confined, and discrete conveyances, and shall include but not be limited
to pollutants from agricultural, silvicultural, mining, construction,
subsurface disposal and urban runoff sources.
Any one of the following shall be considered a nuisance:
Any public or private condition so defined by common law, or
that would constitute a nuisance according to the statutes, laws,
and regulation of the State of New York, its governmental agencies
or the code or ordinances of the Town of Porter;
Any physical condition existing in or on the exterior of any
premises which is potentially dangerous, detrimental, or hazardous
to the life, health or safety of the persons on, near or passing with
the proximity of the premises where such conditions exist;
Any physical condition, use or occupancy of any premises or
its appurtenances considered an attractive nuisance to children, including
but not limited to abandoned wells, shafts, basements, swimming pools,
abandoned appliances, motor vehicles, excavations and unsafe fences
or structures; or detrimental to the health or safety of children,
whether in a building on the premises or a building or upon an unoccupied
lot;
Any premises which are manifestly capable of being a fire hazard
or are manifestly unsafe or unsecured as to endanger life, limb or
property;
Any premises which are unsanitary, or which are littered with
rubbish or garbage, or which have an uncontrolled growth of weeds;
or conditions which render air, food, or drink unwholesome or detrimental
to the health of human beings; or
Any structure or building that is in a state of dilapidation,
deterioration or decay, faulty construction; overcrowded; open, vacant
or abandoned; damaged by fire to an extent as not to provide shelter;
in danger of collapse or failure; and is dangerous to anyone on or
near the premises.
A place providing or designed to provide daytime care or
instruction for three or more children from two to five years of age
away from their home for up to three hours per day, whether or not
for compensation or reward.
A structure designed or used for residential occupancy and
providing limited medical or nursing care on the premises for occupants,
but not including a hospital.[7]
Any person, persons, or entity not the owner who has charge,
care or control of a building or part thereof, with or without the
knowledge, consent or authority of the owner.[8]
A use that is devoted exclusively to business, nonprofit
or professional services
A group of two or more principal buildings and their accessory
buildings or uses, together with any open spaces as are remaining,
located on one lot, which buildings shall have a unified site plan
and shall be designed to function as one project. The buildings in
an office park shall be occupied or used principally for business
or professional offices.
The small, temporary outdoor display of merchandise which
is to be sold at the establishment on a seasonal basis (for example,
windshield washer fluid or lawn furniture).
A self-contained unit designed to provide heating to a building
or structure, which unit is located outside of that building or structure.
The large scale commercial storage of any materials, merchandise,
stock, supplies, machines and the like that are not kept in a structure
having at least four walls and a roof, regardless of how long such
materials are kept on the premises. Outdoor storage shall not include
materials associated with a farming operation including the sale of
firewood or the storage of materials associated with an active construction
site.
Any person having individual or joint title to real property
in any form defined by the laws as an estate or interest therein,
whether legal or equitable, and however acquired.
A fenced area, usually near a stable, used chiefly for grazing
horses.
A space for the temporary parking of a motor-driven vehicle within a public or private parking lot that meets the regulations outlined in § 200-78 of this chapter.
A single-family dwelling, one or two stories, which includes
a master bedroom suite on the ground floor, along with the cooking,
eating, and living areas. Units are often attached to other units
and common areas are maintained by a homeowners' association.
A store or shop providing personal, technical or repair services,
assistance, or advice to individual consumers, including, but not
limited to:
Art studio.
Appliance repair and rental.
Bank, financial institution.
Barbershop, beauty shop.
Copy services.
Dressmaker, tailor.
Dry cleaning, laundry pickup stations.
Furniture upholstery.
Laundromat.
Locksmith.
Optical center.
Professional photography studio.
Repair shops: bicycle, computer, musical instrument, shoe, watch.
Personal service establishments do not include the sale, rental,
storage, service or repair of any motor vehicles, including automobiles,
trucks, buses, trailers, recreational vehicles, and motorcycles, or
any use listed separately as allowed in a district.
A retail establishment engaged in the sale of animals for
use as pets and which is licensed by New York State to do so.
Clearing a parcel of land in distinct pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.
A building used for regular organized religious assembly
with related facilities such as the following in any combination rectory,
parsonage, parish houses, religious schools including child day care,
meeting rooms and recreational facilities customarily related thereto.
For purposes of these regulations, a parish house, rectory or similar
domicile located on an individual lot shall comply with the requirements
for a single-family dwelling.
Sediment or a water quality measurement that addresses sediment
(such as total suspended solids, turbidity or siltation) and any other
pollutant that has been identified as a cause of impairment of any
water body that will receive a discharge from the land development
activity.
Any container, storage unit, or other portable structure
that can be or is used for the storage of personal property of any
kind, and which is located for such purposes outside an enclosed building.[9]
A building, dwelling, lot, plot or parcel of land.
Land development activity.
Land and whatever is erected on, growing on, placed on or
affixed to.
Uses operated by the public body such as schools, public
libraries, public safety buildings, museums, public meeting halls
and community centers. This definition shall not include hospitals.
Any person, firm, corporation, municipality or municipal
board duly authorized under state or municipal regulations, to furnish
to the public electricity, gas, steam, communications, water, drainage,
flood control, irrigation, garbage or trash disposal, or sewage disposal.
The replenishment of underground water reserves.
Excavated lands for the purpose of constructing an impoundment
of water not larger than one acre or more than 15 feet deep measured
from high water surface.
Vehicles or trailer for recreational or utilitarian uses
that can be driven, towed, or hauled. This includes, but is not limited
to, those vehicles commonly referred to as RVs, such as motor homes
and travel trailers, as well as any snowmobile, pull camper, all-terrain
vehicle (ATV), tent trailer, special purpose trailer, utility trailer
used for hauling, or other similar vehicle. A recreational vehicle(s),
such as an ATV on a trailer, shall constitute one recreational vehicle.
Trailer associated with agricultural uses shall not be considered
a recreational vehicle/utility trailer.
All discarded, useless, unusable or worthless solid waste
matter or materials, combustible or noncombustible, including but
not limited to garbage, trash, ashes, paper, paper goods and products,
wrappings, cans, bottles, containers, yard clippings, garden waste,
debris; pet excrement; junk; glass; boxes; crockery, wood; mineral
matter; plastic; rubber; leather; furniture; household goods appliances,
bedding, scrap metal, construction material, dead or rotting vegetation,
tires, abandoned, inoperative or unusable automobiles, farm implements
and/or other vehicles, and solid commercial or industrial waste.
A building or group of buildings in which are located facilities
for scientific research, investigation, testing, or experimentation,
but not facilities for the manufacture or sale of products, except
as incidental to the main purpose of the laboratory.
A building or portion thereof where food and beverage are
sold to the public for consumption. The sale of alcohol may be permitted,
but only when secondary to the primary purpose of the sale of food.
The width of a parcel measured along a road right-of-way
line.
A temporary structure or vehicle located on a seasonal basis
for the purpose of displaying and selling farm products on the premises
and or a farm, as defined herein. Roadside farm stands shall only
be located on a parcel where the products are grown.
[Amended 7-12-2021 by L.L. No. 7-2021]
Hidden by a solid fence of sufficient height to block the
view, but not to exceed maximum fence height of the district.
A condition of being utilized or occupied for less than nine
months out of a calendar year.
The storage of vehicles, recreational vehicles, equipment, and or other items, approved by special use permit review, for an extended period of time (season or seasons) without being accessed or removed, except a limit of four removal and replacement actions in any twelve-month cycle shall be allowed. Interior seasonal storage shall only be allowed in existing buildings within specified Permitted Uses Table, § 200-7, herein. The intent/purpose shall be to prevent buildings from being built solely for interior seasonal storage. This use shall be considering accessory to an allowed primary use and not a primary use for a parcel.
[Added 7-8-2019 by Ord.
No. 3-2019]
Measures that prevent eroded sediment from leaving the site.
Independent living and assisted-living facilities located
in detached single-family dwelling units, townhouse-style dwelling
units or multifamily dwelling unit buildings restricted to individuals
or families in which at least one of the residents is aged 55 or older,
with the exception of spouses or caregivers or a resident building
superintendent or project manager.
[Amended 11-12-2013 by L.L. No. 2-2013]
Cold-water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, and habitats for threatened,
endangered or special concern species.
Occupancy of a single-family residential premises for a term
of no more than 30 days, on two or more occasions during any six-month
period. Occupancy shall not exceed two persons for each bedroom, plus
two additional occupants. On-site parking as otherwise required by
the Town of Porter Zoning Law shall be provided. All laws and ordinances
related to the maintenance of single-family homes shall be complied
with, including, but not limited to, providing wastewater treatment
facilities, fire protection systems, compliance with building maintenance
rules and compliance with noise ordinances. Any violation shall be
enforced by the Code Enforcement Officer or other person authorized
by law to enforce these laws and ordinances. In the event of three
or more convictions/confirmed violations during any twelve-month period,
any fines provided for in this zoning law shall be doubled. Property
owners renting their single-family homes on a short-term rental basis
are responsible to collect any bed or occupancy taxes which may be
imposed by state or local municipalities. Short-term rentals are permitted
in any district where a single-family residence is permitted. Only
single-family residences shall be used as a short-term rental. Short-term
rental operations shall register with the Town of Porter Code Enforcement
Officer prior to commencing operations. The registration shall comprise
of providing the Town with pertinent information regarding the operation
as requested on an approved registration form. The Town Board shall
approve, by resolution, the short-term rental form's content. A local
property manager shall be identified and their contact information
provided. The local property manager shall be authorized by the owner
of record to make determinations regarding all aspects of the property,
live in the United States of America within 30 miles of the rental
parcel, and be available 24 hours per day, seven days a week. Short-term
rental operators shall have a hold harmless agreement duly executed
with the Town of Porter, as approved by the Town's attorney and filed
with the Town Clerk's office. The Code Enforcement Officer is to maintain
a current listing of all registered short-term rental properties and
their required registration documentation. Enforcement of these stipulated
requirements shall be per the currently adopted Zoning Code enforcement
and Zoning Code penalties respective code sections. Failure to register
a short-term rental operation shall constitute a violation of the
Zoning Code. All preexisting short-term rental homes shall be required
to register with the Town.
[Added 10-10-2017 by L.L.
No. 2-2017; amended 8-14-2023 by L.L. No. 4-2023]
A sign is a name, identification, description, display or
illustration which is affixed to or represented directly or indirectly
upon a building, structure, or piece of land and which directs attention
to an object, product, place, activity, person, institution, organization,
or business. "Sign" does not include merchandise, pictures or models
of products or services incorporated in a window display, works of
art which in no way identify a product, graffiti, or score boards
located on athletic fields.
ADDRESS SIGNA sign displaying the number or other designation assigned to a housing unit, business establishment, or other structure for purposes of mail delivery, emergency services, and so forth.
ADVERTISING SIGNA sign which directs attention to a business commodity service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.
ATTACHED SIGNAny sign attached to a building.
BANNER SIGNAny sign possessing characters, letters, illustrations or ornamentations or designed to attract attention by scenic effect, with or without characters. "Banner" shall include streamers, wind-driven whirligigs, or other devices applied to cloth, paper, fabric or similar material, with or without frame and not of permanent construction.
DETACHED SIGNAny sign not attached to a building.
POLITICAL SIGNA sign expressing support for a candidate for public office or expressing any other position regarding a public figure or a public issue but bearing no commercial message whatsoever.
PORTABLE SIGNAny sign not permanently attached to the ground or other permanent structure or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels, signs made as A-frames or T-frames; menu and sandwich board signs; balloons used as signs; umbrellas used for commercial messages; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business.[10]
SIGN FACEThe area of the sign where the name, identification, description, display or illustration is located, not including the structural support for the sign.
TOURIST DIRECTIONAL SIGNAny sign posted by a business at a location along a public road or highway not on the same premises as the business, for the purpose of guiding tourists and other prospective customers to their location.[11]
TEMPORARY SIGNAny sign that is used only for a short, specifically limited time and that is not permanently mounted.
WINDOW SIGNAny sign that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window.
An arrangement or combination of components and structures
designed to provide heating, cooling, hot water, or electricity through
the process of collecting, converting, storing, protecting against
unnecessary dissipation, and distributing solar energy.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to developers of construction activities to
regulate disturbance of one or more acres of land.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to municipalities to regulate discharges from
municipal separate storm sewers for compliance with EPA-established
water quality standards and/or to specify stormwater control standards.
A retail establishment that sells to a narrowed or niche
audience, either by region, demography, or product mix.
The display of less than completely and opaquely covered
human genitals, pubic region, pubic hair or buttocks or female breast
or breasts below a point immediately above the top of the areola.
Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
Includes the presence of any of the following conditions:
human genitals in a state of sexual stimulation or arousal, acts of
actual or simulated human masturbation, sexual intercourse, oral copulation
or sodomy, fondling or other intentional erotic touching of human
genitals, pubic region, buttocks, anus or female breasts, excretory
functions as part of or in connection with any of the activities set
forth in this definition.
The use of practices that prevent exposed soil from eroding.
An order issued which requires that all construction activity
on a site be stopped.
Rainwater, surface runoff, snow melt and drainage.
A land use or activity that generates higher concentrations
of hydrocarbons, trace metals or toxicants than are found in typical
stormwater runoff, based on monitoring studies.
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff and mitigate its adverse impacts
on property, natural resources and the environment.
One or a series of stormwater management practices installed,
stabilized and operating for the purpose of controlling stormwater
runoff.
An officer or employee designated by the Town Board to accept
and review Stormwater Pollution Prevention Plans (SWPPPs), forward
the plans to such employee, officer, or board of the Town of Porter
which may be reviewing an application for a construction activity
requiring submission of a SWPPP, and inspect stormwater management
practices.
Measures, either structural or nonstructural, that are determined
to be the most effective, practical means of preventing flood damage
and preventing or reducing point source or nonpoint source pollution
inputs to stormwater runoff and water bodies.
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
Flow on the surface of the ground resulting from precipitation.
The right-of-way line of the street.
Anything constructed or erected at a fixed location on the
ground or attached to something having a fixed location on the ground.
Lakes, bays, sounds, ponds, impounding reservoirs, springs,
wells, rivers, streams, creeks, estuaries, marshes, inlets, canals,
the Atlantic Ocean within the territorial seas of the State of New
York and all other bodies of surface water, natural or artificial,
inland or coastal, fresh or salt, public or private (except those
private waters that do not combine or effect a junction with natural
surface or underground waters), which are wholly or partially within
or bordering the state or within its jurisdiction.
Storm sewers and waste treatment systems, including treatment
ponds or lagoons which also meet the criteria of this definition,
are not waters of the state. This exclusion applies only to man-made
bodies of water which neither were originally created in waters of
the state (such as a disposal area in wetlands) nor resulted from
impoundment of waters of the state.
Any structure intended for swimming, recreational bathing
or wading which has a design water depth of 24 inches or more. This
includes in-ground, aboveground, hot tubs, spas, inflatable, and fixed-in-place
wading pools.
A lot or garage on which taxicabs and/or limousines are stored
or from where they are dispatched.
An enclosed building or movie house where motion pictures
or live performances are shown to the public, but which is not a sexually
oriented business.
The Town Board of the Town of Porter.
A cluster of three or more townhouse groups in a single unified
development.
A dwelling unit, generally having two or more floors, attached
to two or more similar units, and separated by a party wall.
All buildings or structures which have any or all of the
following defects shall be deemed "unsafe buildings":[12]
Those whose interior walls or other vertical structural members
list, lean or buckle to such an extent that a plumb line passing through
the center of gravity falls outside of the middle third of its base.
Those which, exclusive of the foundation, show 33% or more of
damage or deterioration of the supporting member or members or 50%
of damage or deterioration of the nonsupporting enclosing or outside
walls or covering.
Those which have improperly distributed loads upon the floors
or roofs or in which the same are overloaded or which have insufficient
strength to be reasonably safe for the purpose used.
Those which have been damaged by fire, wind or other causes
so as to have become dangerous to life, safety, morals or the general
health and welfare of the occupants or the people of the Town of Porter.
Those which have become or are so dilapidated, decayed, unsafe,
or unsanitary or which so utterly fail to provide the amenities essential
to decent living that they are unfit for human habitation or are likely
to cause sickness or disease, so as to work injury to the health,
morals, safety or general welfare of those living therein.
Those having light, air and sanitation facilities which are
inadequate to protect the health, morals, safety or general welfare
of human beings who live or may live therein.
Those having inadequate facilities for egress in case of fire
or panic or those having insufficient stairways, elevators, fire escapes
or other means of escape.
Those which have parts thereof which are so attached that they
may fall and injure members of the public or property.
Those which because of their condition are unsafe, unsanitary
or dangerous to the health, morals, safety or general welfare of the
people of the Town of Porter.
Those buildings existing in violation of any provision of the
New York State Uniform Fire Prevention and Building Code, this chapter,
and any other applicable law of the Town of Porter.
Any building or structure which remains vacant and unattended
continuously for a period of one year or longer without adequate safeguards
to prevent unauthorized entry.
An area of land reserved for the enjoyment of the residents
in a multifamily development. Usable open space may be available to
all residents within the development or designated for use by individual
residents.
The specific purpose for which any land or structure is designed,
arranged or occupied.
A business that is principally engaged in selling, leasing,
or renting of motor vehicles or trailers.
Engine repair, body work, frame straightening, painting,
upholstering, electrical work, tuneups and all other passenger vehicle
repair activities not specifically listed in the definition of "vehicle
service station."
Any building, land area or other premises, or portion thereof,
used or intended to be used for any or a combination of the following
activities:
Retail dispensing or sales of automobile fuels.
Retail dispensing or sales of automobile lubricants, including
oil changing and chassis lubrication where substantial disassembly
is not required.
Retail dispensing or sales of automobile coolants.
Incidental repair or replacement of parts, such as windshield
wiper blades, lights bulbs, air filters, oil filters, batteries, belts,
tires, fuses and the like.
Any outdoor area used for the storage of motor vehicles not
including vehicle dealerships, vehicle rental, or vehicle repair shops.
A structure used for the acceptance of bulk deliveries, storage
of the delivered items, and/or redistribution of delivered items.
A permanent or intermittent stream or other body of water
either natural or man-made, which gathers or carries surface water.
A channel that directs surface runoff to a watercourse or
to the public storm drain.
A wind-energy conversion system consisting of one wind turbine,
one tower, and associated control or conversion electronics with a
rated capacity greater than 250 kilowatts, a total height of more
than 150 feet, not to exceed 450 feet, and is intended solely to supply
electrical power into a power grid for sale.
A wind energy conversion system consisting of one wind turbine,
one tower, and associated control or conversion electronics which
has a rated capacity of not more than 250 kilowatts and a maximum
total height of 150 feet.
One or more mechanical devices, such as wind chargers, windmill
or wind turbines, which are designed and used to convert wind energy
into a form of useful energy.
A manufacturing facility or establishment engaged in the
processing of grapes to produce wine or wine like beverages and which
may include an area for wine tasting and for the sale of wine and
wine-related items.
An open space on the same lot with a building or structure.
YARD, FRONTAn open space extending the full width of the lot between the front building line and the front lot line, unoccupied and unobstructed by buildings or structures from the ground upward, the depth of which shall be the least distance between the front lot line and the front of any building line. On corner lots, the front yard shall be both yards that front on the streets.
YARD, REARAn open space extending the full width of the lot between the rearmost building and the rear lot line, unoccupied and unobstructed by buildings or structures from the ground upward, except as before specified, the depth of which shall be the least distance between the rear lot line and the rear of any building.
YARD, SIDEAn open space extending from the front yard to the rear yard between any building and the side lot line, unoccupied and unobstructed by buildings or structures from the ground upward. The required width of a side yard shall be measured horizontally from the nearest part of any building. An interior side yard is any side yard not on the street side of a corner lot.
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