A. 
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) 
Words in the present tense include the future;
(2) 
Words in the singular include the plural and the plural the singular;
(3) 
The word "shall" is intended to be mandatory;
(4) 
The word "lot" shall include the word "plot" or "parcel";
(5) 
The word "person" shall include an individual, firm or corporation;
(6) 
A building or structure includes any part thereof;
(7) 
The word "and" indicates that all connected items, conditions, provisions or events shall apply;
(8) 
The word "or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination;
(9) 
The words "either . . . or" indicates that the connected items, conditions, provisions or events may apply singly but not in any combination;
(10) 
The word "Town" means the Town of Porter, New York;
(11) 
The word "county" means the County of Niagara, New York.
B. 
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:
ACCESSORY APARTMENT
A separate living unit created within a single-family home and occupied by a family member.
ACCESSORY STORAGE
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]
ACCESSORY STRUCTURE
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.
ACCESSORY USE
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.
ADULT ARCADE
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]
ADULT BOOKSTORE OR VIDEO STORE
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]
ADULT CABARET
A nightclub, bar, restaurant, bottle club, juice bar, club or similar commercial establishment whether or not alcoholic beverages are served which regularly features.
A. 
Persons who appear nude or in a state of nudity or seminudity;
B. 
Live performances which are characterized by the exposure of specified anatomical activities or by specified sexual activities; or
C. 
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.
ADULT LIVE ENTERTAINMENT
A business where an adult male or female exposes parts of his or her body identified in the definition of "specified anatomical activities."
ADULT MOTEL
A hotel, motel or similar business which:
A. 
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;
B. 
Offers a sleeping room for rent for a period of time less than 10 hours; or
C. 
Allows a tenant or occupant to subrent the sleeping room for a period of time less than 10 hours.
ADULT MOTION-PICTURE THEATER
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.
ADULT NOVELTY STORE
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.
ADULT ORIENTED ESTABLISHMENT
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.
AGRICULTURAL ENTERPRISE
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.
AIRPORT/LANDING FIELD
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.
ALTERATIONS
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.
ANIMAL DAY CARE, KENNEL OR SHELTER
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.
ANIMAL HOSPITAL
A facility where animals are given medical or surgical treatment for compensation, and boarding of animals is incidental to such treatment.
ANIMAL RACETRACK
A facility designed for the legal racing of animals, including facilities for spectators and concession stands.
APARTMENT
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.
APARTMENT BUILDING
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.
APARTMENT COMPLEX
A development with three or more apartment buildings.
APPLICANT
A property owner or agent of a property owner who has filed an application for a land development activity.
ART STUDIO
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.
ASSISTED-LIVING FACILITY
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.
BANK/FINANCIAL INSTITUTION
A business establishment authorized to perform financial transaction such as receiving and lending money.
BANQUET FACILITY
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.
BAR, COCKTAIL LOUNGE, TAVERN
An establishment used primarily for the dispensing or sale of alcoholic beverages by the drink for on-site consumption.
BED-AND-BREAKFAST ESTABLISHMENT
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.
BOARDING/ROOMING HOUSE
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.
BUFFER
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.
BUILDING
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.
BUILDING SUPPLY STORE
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.
BUILDING, PRINCIPAL
A building in which is conducted the main or principal use of the lot on which said building is situated.
CAMPING GROUND
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.
CAR WASH
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]
CEMETERY
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.
CERTIFICATE OF OCCUPANCY
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]
CHANGE OF USE
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.
CHANNEL
A natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.
CLEARING
Any activity that removes the vegetative surface cover.
CLUBS or ORGANIZATIONS
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.
COLLEGE
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.
COMMERCIAL RECREATION FACILITY
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.
COMMERCIAL STABLE
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.
COMMUNICATION ANTENNA
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.
A. 
COMMUNICATION ANTENNA (EXISTING BUILDING)A communication antenna that is installed on an existing building.
B. 
COMMUNICATION ANTENNA (EXISTING TOWER)A communication antenna that is installed on an existing tower.
COMMUNICATION 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.
COMMUNITY OPEN SPACE
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.
CONDOMINIUM
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.
CONVENIENCE STORE
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.
COVERAGE, BUILDING
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.
COVERAGE, LOT
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.
DAY CARE
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.
DAY-CARE CENTER
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
A. 
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.
B. 
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.
C. 
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.
DEC
New York State Department of Environmental Conservation.
DEDICATION
The deliberate appropriation of property by its owner for general public use.
DESIGN MANUAL
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.
DESIGN STANDARDS
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.
DETERIORATION
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.
DEVELOPER
A person who undertakes land development activities.
DORMITORY
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.
DRIVE-THROUGH FACILITY
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.
DRUGSTORE/PHARMACY
An establishment which sells prescription and nonprescription drugs as well as other common household items.
DWELLING
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.
A. 
DWELLING, MULTIFAMILYA dwelling on a single lot with three or more dwelling units. See also "apartment building."
B. 
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."
C. 
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.
D. 
DWELLING, TWO-FAMILYA dwelling designed for and occupied by not more than two families in separate dwelling units.
DWELLING UNIT
One or more living or sleeping rooms with cooking and sanitary facilities for one person or one family.
EDUCATIONAL INSTITUTION
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.
EROSION CONTROL MANUAL
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."
EXCAVATION, SITE GRADING OR FILLING
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.
EXPOSED TO PUBLIC VIEW
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.
EXTERIOR OF PREMISES
Open space on the premises outside of any building located thereon.
EXTERMINATION
The control and elimination of insects, rodents and vermin.
FAMILY
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:
A. 
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]
B. 
The group shares expenses for food, rent or ownership costs, utilities and other household expenses;
C. 
The group is permanent and stable. Evidence of such permanency and stability may include:
(1) 
The presence of minor dependent children regularly residing in the household who are enrolled in a local school;
(2) 
Members of the household having the same address for the purposes of voter registration, driver's license, motor vehicle registration and filing of taxes;
(3) 
Members of the household are employed in the area;
(4) 
The household has been living together as a unit for one year or more whether in the current dwelling unit or other dwelling units;
(5) 
Common ownership of the furniture and appliances among the members of the household; and
(6) 
The group is not transient or temporary in nature.
D. 
Any other factor reasonably related to whether or not the group is the functional equivalent of a family;
E. 
A fraternity or sorority will not be considered the functional equivalent of a family.
FARM
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.
FARMERS' MARKET
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]
FARM MARKET
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. 
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.
B. 
A farm market building is subject to compliance with the currently adopted building and zoning codes.
C. 
Off-street parking shall be provided per regulations herein:
(1) 
No parking in the right-of-way is to be allowed.
(2) 
During peak seasons the farmer-applicant shall provide temporary caution signage warning of high use/traffic in conjunction with signage to deter parking along the road right-of-way, as may be necessary for public safety.
D. 
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.
E. 
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.
F. 
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.
G. 
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.
H. 
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.
I. 
The restriction, herein, shall not take precedent over the currently adopted NYSAML.
FARM OPERATIONS/AGRICULTURAL ACTIVITY
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.
FARM POND
An impoundment of water on a farm property used for a legitimate farming operation.
FARM WORKER RESIDENCE
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.
FLOOR AREA
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.
FOOD PROCESSING PLANT
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.
FUNERAL HOME
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.
GARAGE
A building or part of a building used for the parking of one or more operative motor vehicles.
GARBAGE
Putrescible animal and vegetable waste resulting from the handling, preparation, cooking and/or consumption of food.
GARDEN CENTER
A retail establishment providing plants, trees, flowers and other landscaping and gardening materials primarily to the public, including plant nurseries and greenhouses.
GENERAL RETAIL
A small variety establishment selling primarily to local patrons.
GOLF COURSE
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.
GRADING
Excavation or fill of material, including the resulting conditions thereof.[5]
GROCERY STORE
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
HARBORAGE
Any condition, man-made or natural, which affords a breeding place or hiding place for rodents, insects, or other pests.
HAZARDOUS WASTE
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.
HEIGHT OF BUILDING
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.
HEIGHT OF STRUCTURE
The vertical distance measured from the average elevation of the base to the highest fixed point of the structure.
HELIPORT
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.
HOME OCCUPATION
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.
HOMEOWNER'S ASSOCIATION
An association of homeowners and lot owners having responsibilities for the management and upkeep of common property and improvements.
HOSPITAL
A duly licensed institution providing medical or surgical care and treatment for the sick and injured.
HOTEL
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.
HUNTING CLUB
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.
IMPERVIOUS COVER
Those surfaces, improvements and structures that cannot effectively infiltrate rainfall, snowmelt and water (e.g., building rooftops, pavement, sidewalks, driveways, etc.).
INCENTIVE
The allowance of a given variation of the zoning regulation in exchange for a community benefit pursuant to Town Law § 261-b.
INDUSTRIAL STORMWATER PERMIT
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.
INDUSTRIAL USES
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.
INFESTATION
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]
INFILTRATION
The process of percolating stormwater into the subsoil.
JUNK (INOPERABLE) VEHICLE
Any motor vehicle which satisfies one or more of the following criteria:
A. 
That is partially dismantled or wrecked;
B. 
That is not operable;
C. 
That is unlicensed;
D. 
That could not be safely or legally operated on a highway;
E. 
That in any other way constitutes a threat to public health, safety and welfare; or
F. 
That has not been moved for a continuous period of more than 45 days.
JUNKYARD
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."
JURISDICTIONAL WETLAND
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."
LAND DEVELOPMENT ACTIVITY
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.
LANDOWNER
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.
LICENSED PROFESSIONAL
A landscape architect or professional engineer licensed to practice his or her profession in New York State.
LOADING SPACE
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.
LOT
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.
A. 
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.
B. 
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.
C. 
LOT, DEPTHThe horizontal distance between the midpoints of the front and rear lot lines measured in the general direction of the side lot lines.
D. 
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.
E. 
LOT, INTERIORA lot other than a corner lot.
F. 
LOT LINE (or PROPERTY LINE)A boundary of a lot.
G. 
LOT LINE, FRONTThe street line along the principal street on which the lot abuts.
H. 
LOT LINE, SIDEThe lines separating the lot from the immediately adjacent lot.
I. 
LOT LINE, REARThe boundary of a lot, which is most distant from, and is or is most nearly parallel to, the front lot line.
J. 
LOT, THROUGHA lot, which is not a corner lot, and which has two street lines.
K. 
LOT, WIDTHThe distance between the side lot lines measured across the required front yard minimum setback line.
200 Lot Width.tif
LOT OF RECORD
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.
MACHINE SHOP
A workshop where power-driven tools are used for making, finishing, or repairing machines or machine parts.
MAINTENANCE AGREEMENT
A legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices.
MANUFACTURED HOME
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.
MANURE LAGOON
A facility designed to collect and anaerobically digest animal waste into fertilizer.
MARINA
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.
MEDICAL CLINIC
A structure or portion of a structure used by physicians, surgeons, dentist, chiropractor, optometrist, psychologist, psychiatrist, or other health-related professional.
MINI-STORAGE FACILITY
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.
MIXED-USE
A structure or structures containing a mix commercial and residential uses.
MOBILE HOME
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.
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.
MOTEL
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.
MOTOR VEHICLE RACETRACK
A facility designed for racing all types of motor vehicles including facilities for spectators and concession stands.
NONCONFORMING LOT OF RECORD
A lot of record which does not comply with the lot requirements for any permitted use in the district in which it is located.
NONCONFORMING SIGN
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.
NONCONFORMING STRUCTURE
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.
NONCONFORMING USE
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.
NONPOINT SOURCE POLLUTION
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.
NUISANCE
Any one of the following shall be considered a nuisance:
A. 
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;
B. 
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;
C. 
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;
D. 
Any premises which are manifestly capable of being a fire hazard or are manifestly unsafe or unsecured as to endanger life, limb or property;
E. 
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
F. 
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.
NURSERY SCHOOL
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.
NURSING HOME
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]
OCCUPANT or OPERATOR
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]
OFFICE
A use that is devoted exclusively to business, nonprofit or professional services
OFFICE PARK
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.
OUTDOOR DISPLAY
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).
OUTDOOR FURNANCE
A self-contained unit designed to provide heating to a building or structure, which unit is located outside of that building or structure.
OUTDOOR MATERIAL STORAGE
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.
OWNER
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.
PADDOCK
A fenced area, usually near a stable, used chiefly for grazing horses.
PARKING SPACE
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.
PATIO HOME
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.
PERSONAL SERVICE ESTABLISHMENT
A. 
A store or shop providing personal, technical or repair services, assistance, or advice to individual consumers, including, but not limited to:
(1) 
Art studio.
(2) 
Appliance repair and rental.
(3) 
Bank, financial institution.
(4) 
Barbershop, beauty shop.
(5) 
Copy services.
(6) 
Dressmaker, tailor.
(7) 
Dry cleaning, laundry pickup stations.
(8) 
Furniture upholstery.
(9) 
Laundromat.
(10) 
Locksmith.
(11) 
Optical center.
(12) 
Professional photography studio.
(13) 
Repair shops: bicycle, computer, musical instrument, shoe, watch.
B. 
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.
PET STORE
A retail establishment engaged in the sale of animals for use as pets and which is licensed by New York State to do so.
PHASING
Clearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the clearing of the next.
PLACES OF WORSHIP
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.
POLLUTANT OF CONCERN
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.
PORTABLE STORAGE CONTAINER
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]
PREMISES
A building, dwelling, lot, plot or parcel of land.
PROJECT
Land development activity.
PROPERTY
Land and whatever is erected on, growing on, placed on or affixed to.
PUBLIC AND SEMIPUBLIC USES
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.
PUBLIC UTILITIES
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.
RECHARGE
The replenishment of underground water reserves.
RECREATIONAL POND
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.
RECREATIONAL VEHICLE/UTILITY TRAILER
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.
REFUSE or RUBBISH
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.
RESEARCH LABORATORY
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.
RESTAURANT
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.
ROAD FRONTAGE
The width of a parcel measured along a road right-of-way line.
ROADSIDE FARM STAND
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]
SCREEN or SCREENING
Hidden by a solid fence of sufficient height to block the view, but not to exceed maximum fence height of the district.
SEASONAL
A condition of being utilized or occupied for less than nine months out of a calendar year.
SEASONAL INTERIOR STORAGE
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]
SEDIMENT CONTROL
Measures that prevent eroded sediment from leaving the site.
SENIOR HOUSING
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]
SENSITIVE AREAS
Cold-water fisheries, shellfish beds, swimming beaches, groundwater recharge areas, water supply reservoirs, and habitats for threatened, endangered or special concern species.
SHORT-TERM RENTAL HOMES
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]
SIGN
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.
A. 
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.
B. 
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.
C. 
ATTACHED SIGNAny sign attached to a building.
D. 
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.
E. 
DETACHED SIGNAny sign not attached to a building.
F. 
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.
G. 
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]
H. 
SIGN FACEThe area of the sign where the name, identification, description, display or illustration is located, not including the structural support for the sign.
I. 
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]
J. 
TEMPORARY SIGNAny sign that is used only for a short, specifically limited time and that is not permanently mounted.
K. 
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.
SOLAR ENERGY SYSTEM
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.
SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP-02-01
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.
SPDES GENERAL PERMIT FOR STORMWATER DISCHARGE FROM MUNICIPAL SEPARATE STORMWATER SEWER SYSTEMS GP-02-02
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.
SPECIALTY RETAIL
A retail establishment that sells to a narrowed or niche audience, either by region, demography, or product mix.
SPECIFIED ANATOMICAL ACTIVITIES
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.
SPECIFIED SEXUAL ACTIVITIES
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.
STABILIZATION
The use of practices that prevent exposed soil from eroding.
STOP-WORK ORDER
An order issued which requires that all construction activity on a site be stopped.
STORMWATER
Rainwater, surface runoff, snow melt and drainage.
STORMWATER HOTSPOT
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.
STORMWATER MANAGEMENT
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.
STORMWATER MANAGEMENT FACILITY
One or a series of stormwater management practices installed, stabilized and operating for the purpose of controlling stormwater runoff.
STORMWATER MANAGEMENT OFFICER (SMO)
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.
STORMWATER MANAGEMENT PRACTICES (SMPs)
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.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
A plan for controlling stormwater runoff and pollutants from a site during and after construction activities.
STORMWATER RUNOFF
Flow on the surface of the ground resulting from precipitation.
STREET LINE
The right-of-way line of the street.
STRUCTURE
Anything constructed or erected at a fixed location on the ground or attached to something having a fixed location on the ground.
SURFACE WATERS OF THE STATE OF NEW YORK
A. 
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.
B. 
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.
SWIMMING POOL
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.
TAXI/LIMOUSINE SERVICE
A lot or garage on which taxicabs and/or limousines are stored or from where they are dispatched.
THEATER
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.
TOWN BOARD
The Town Board of the Town of Porter.
TOWNHOUSE DEVELOPMENT
A cluster of three or more townhouse groups in a single unified development.
TOWNHOUSE
A dwelling unit, generally having two or more floors, attached to two or more similar units, and separated by a party wall.
UNSAFE BUILDING
All buildings or structures which have any or all of the following defects shall be deemed "unsafe buildings":[12]
A. 
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.
B. 
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.
C. 
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.
D. 
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.
E. 
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.
F. 
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.
G. 
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.
H. 
Those which have parts thereof which are so attached that they may fall and injure members of the public or property.
I. 
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.
J. 
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.
K. 
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.
USABLE OPEN SPACE
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.
USE
The specific purpose for which any land or structure is designed, arranged or occupied.
VEHICLE RENTAL/DEALERSHIP
A business that is principally engaged in selling, leasing, or renting of motor vehicles or trailers.
VEHICLE REPAIR SHOP/BODY SHOP
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."
VEHICLE SERVICE (FUELING) 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:
A. 
Retail dispensing or sales of automobile fuels.
B. 
Retail dispensing or sales of automobile lubricants, including oil changing and chassis lubrication where substantial disassembly is not required.
C. 
Retail dispensing or sales of automobile coolants.
D. 
Incidental repair or replacement of parts, such as windshield wiper blades, lights bulbs, air filters, oil filters, batteries, belts, tires, fuses and the like.
VEHICLE STORAGE YARD
Any outdoor area used for the storage of motor vehicles not including vehicle dealerships, vehicle rental, or vehicle repair shops.
WAREHOUSE/DISTRIBUTION CENTER
A structure used for the acceptance of bulk deliveries, storage of the delivered items, and/or redistribution of delivered items.
WATERCOURSE
A permanent or intermittent stream or other body of water either natural or man-made, which gathers or carries surface water.
WATERWAY
A channel that directs surface runoff to a watercourse or to the public storm drain.
WIND ENERGY CONVERSION SYSTEM (COMMERCIAL)
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.
WIND ENERGY CONVERSION SYSTEM (NONCOMMERCIAL)
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.
WIND ENERGY CONVERSION SYSTEMS
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.
WINERY
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.
YARD
An open space on the same lot with a building or structure.
A. 
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.
B. 
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.
C. 
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.
200 Yard Side.tif
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: The original definition of "carriage home," which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[3]
Editor's Note: See Ch. 70, Building Code Administration and Enforcement.
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[5]
Editor's Note: The original definition of "greenway," which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[6]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[7]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[8]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[9]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[10]
Editor's Note: The original definition of "sign board," which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[11]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[12]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).