Title. This chapter shall be known and may be cited as the "Zoning Ordinance of the Town of Marion, Wayne County, New York."
Purpose and intent. In conformance with the authority conferred by Article 16 of the Town Law of the State of New York, this chapter is enacted in the interest, and for the purpose, of promoting the health, safety, morals and general welfare of the community and shall include the following purposes:
To lessen congestion in the streets and secure safety from fire, flood, panic and other dangers;
To promote health and general welfare and to provide adequate light and air;
To prevent the overcrowding of land and avoid undue concentrations of population;
To facilitate the adequate provision of public facilities for transportation, water, sewage disposal, schools, parks and other public requirements;
To make provision for, so far as conditions may permit, the accommodation of alternate energy systems and equipment;
To conserve the value of buildings and encourage the most appropriate use of land, in accordance with a Comprehensive Plan;
In pursuance of the above purposes, this chapter shall, among other things, regulate and restrict as follows: the density of population; the location and use of buildings, structures and land for trade, industry, residence or other purposes; the height, number of stories and size of buildings and other structures; the percentage of lot that may be occupied; as well as the size of yards, courts and other open spaces.
In addition, this chapter recognizes and provides support mechanisms for the administration and enforcement of other specified state and local laws, ordinances, rules and regulations consistent in promoting the health, safety and general welfare of the community. Support mechanisms include such features as required permits, inspections, certificates of compliance and procedures for the administration and enforcement thereof.
In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public safety, comfort, convenience and general welfare. It is not intended to interfere with or abrogate or annul other rules, regulations or ordinances, provided that whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive, or that imposing the higher standards, shall govern. In the event of a conflict in the provisions or requirements of one or more of the sections of this chapter, the more restrictive provisions shall control.
This chapter shall not be construed to hold the Town of Marion or any employee of the Town charged with its administration and enforcement responsible for any damages to persons or property by reason of the discharge of his duties or in exercising discretion as provided for herein.
It shall be unlawful for any person, firm, or corporation to construct, alter, repair, remove, demolish, equip, use, occupy or maintain any building, structure or portion thereof, including the changes of land use, and divisions or alterations of land, in violation of any provisions of this chapter. (See § 308-7.)
It shall be the responsibility of any individual, partnership, corporation, or other firm owning, operating, occupying or maintaining property or premises within the Township of Marion to comply with all the provisions of this chapter including other duly adopted laws, rules, and regulations (See § 308-22.) and shall conform to all notices, directives, orders, permits, certificates, rules, regulations or determinations issued in connection with the administration and enforcement thereof.
Whenever it is found that there has been a violation to any rule, regulation or law duly adopted by the Town of Marion and pursuant to the administration of the Marion Building and Zoning Department, the Code Enforcement Officer may issue a violation notice to the persons, individual, partnership or corporation owning, operating, or maintaining the premises in which such violation has been noted.
Violation notices shall be in writing; shall identify the property or premises; shall specify the violation and remedial action to be taken and shall provide that said violation must be corrected within 10 days from the receipt of said violation notice, unless said ten-day period shall be lengthened at the discretion of the Code Enforcement Officer issuing such violation notice, or unless a shorter period of time has been prescribed elsewhere in this chapter.
Violation notices and other orders or notices herein referred to shall be served on the owner or one of the owner's executors, legal representatives, agents, lessees, any tenant or other person having a vested or contingent interest in the premises. Service shall be in person or by certified mail, addressed to the last known address, if any, as shown by the last preceding completed record of the Receiver of Taxes or in the office of the County Clerk.
The Code Enforcement Officer shall have the authority, pursuant to Executive Law, Article 18, Building Code Act, § 382, to issue an appearance ticket subscribed by him directing a designated person to appear in court at a designated time in connection with the commission of a violation of New York State Uniform Fire Prevention and Building Code.
In addition, the Code Enforcement Officer shall have the authority to issue an appearance ticket for violations of any laws, codes, rules, regulations administered by the Building and Zoning Department pursuant to local law enacted under the Municipal Home Rule Law to issue same.
Any person, owner, builder, architect, tenant, contractor, subcontractor, plumber, construction superintendent, or their agents, or any other person taking part or assisting in the construction or use of any buildings or lands who shall violate any of the applicable provisions of this chapter or any other codes, laws or regulations adopted pursuant to the Building and Zoning Department or any who shall fail to comply with any lawful order, notice, directive, permit or certificate of the Code Enforcement Officer made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, shall be guilty of an offense punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both for conviction of a first offense; for conviction of a second offense both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and, upon conviction for a third or subsequent offense all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. In addition, may be ordered to pay all costs and expenses involved in the case. Every such person, firm, company or corporation shall be deemed guilty of a separate offense for each day such violation, disobedience, omission, neglect or refusal shall continue.
In case of any violation of the provisions of this chapter or conditions imposed by the Town Board, Planning Board or Zoning Board of Appeals in addition to other remedies herein provided, the Town Board may institute any appropriate action or proceeding to prevent such unlawful erection, structural alteration, reconstruction, moving and/or use, to restrain, correct or abate such violation, to prevent the occupancy of such building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.
Authority. The Town Board may, from time to time, on its own motion, or on petition from any individual or group, or on recommendation of the Planning Board, Zoning Board of Appeals or the Building and Zoning Department, amend, supplement or repeal the regulations and provisions of this chapter after public notice and hearing.
Planning Board and Zoning Board of Appeals review. Every such proposed amendment or change, whether initiated by the Town Board or by petition, shall be referred to the Planning Board and the Zoning Board of Appeals for report thereon before the public hearing hereinafter provided for. If the Planning Board or Zoning Board of Appeals shall fail to submit such report within 30 days, it shall be deemed that the Planning Board or Zoning Board of Appeals has approved the proposed amendment or change. [See §§ 308-5D, 308-32B(1), 308-34B(2).]
Public notices and hearings. The Town Board, by resolution adopted at a stated meeting, shall fix a time and place of public hearing on the proposed amendments and cause notice to be given as follows:
By publishing a notice at least 10 days in advance of such hearing in the official Town newspaper. Such notice shall state the general nature of the proposed amendment in such reasonable detail as will give adequate notice of its contents, and shall name the place or places where copies of the proposed amendment may be examined. The Town Board, in its discretion, may endeavor to give actual notice of any change in zoning classification to the affected landowners; however, failure to give such notice shall not affect the validity of any zoning changes.
A written notice of any proposed change or amendment affecting property within 500 feet of the boundaries of any state park or parkway shall be given to the regional State Park Commission having jurisdiction over such state park or parkway at least 10 days prior to date of such public hearing.
A written notice of any proposed change or amendment to the Zoning Ordinance shall be sent to the town clerks of neighboring towns at least 10 days prior to date of such public hearing by certified mail.
At the public hearing, full opportunity to be heard shall be given to any citizen and all parties interested.
Protest of amendments and/or modification to Zoning Ordinance.
Whenever zoning regulations are to be amended, supplemented, changed, modified or repealed, a proper protest of same must meet one of the following specifications:
Is a protest against such change and is signed by owners of 20% or more of the area of the land included in the proposed change;
Is a protest against such change and is signed by owners of 20% or more of the land immediately extending 100 feet from the land subject to the change; or
Is a protest against such change and is signed by owners of 20% or more of the land directly opposite thereto, extending 100 feet from the street frontage of such opposite land.
In circumstance of a proper protest, the amendments or changes shall not become effective except by the favorable vote of at least 3/4 of the members of the Town Board.
Referral to County Planning Board.
Before taking final action on certain proposed amendments to this chapter, as set forth in § 239-m of General Municipal Law, the Town Board shall refer such amendments to the Wayne County Planning Board for report thereon.
Within 30 days after receipt of such referred amendments, the County Planning Board shall report its recommendation thereon with a full statement of the reasons for such recommendation. If the County Board fails to report within 30 days after receipt, the Town Board may act without such report.
If the County Planning Board disapproves the proposed amendment or recommends modification thereof, the Town Board may act contrary to such disapproval or recommendation, only by a vote of a majority plus one of all the members.
Within seven days after final action on any amendment, the Town Board shall file a report of the final action taken with the Wayne County Planning Board.
Environmental impact. Before adopting any proposed amendment to this chapter, the Town Board shall assess the environmental impact of such amendment in accordance with the State Environmental Quality Review Act and may determine that an environmental impact statement on such amendment shall be prepared.
Term. For the purpose of this chapter all words used in the present tense include the future tense. All words in the plural number include the singular number, and all words in the singular number include the plural number, unless the natural construction of the word indicates so otherwise. The word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual. The word "shall" is mandatory and directory. The word "may" is permissive. The word "used" includes "designed, intended, or arranged to be used."
Terms defined. As used in this chapter, the following terms shall have the meanings indicated:
- The legal means by which one may pass or enter. (See the definition of "frontage," the definition of "lot line, front," and § 308-9C.)
- ACCESSORY BUILDING OR USE
- A subordinate building or use, the purpose of which is incidental to that of the principal use or building and on the same lot.
- Any change, rearrangement or addition to a building, other than repairs; any modification in construction.
- ANIMAL HOSPITAL
- A building or portion thereof designed or used for the care, observation or treatment of domestic animals.
- ANIMAL SHELTER
- An accessory building or structure used to provide shelter for domestic animals on a noncommercial basis.
- A system of electrical conductors that transmit or receive radio frequency signals. Such signals shall include but not be limited to radio, television, cellular, paging, personal communications services (PCA) and microwave communications.
- That space of a building that is partly below grade and which has more than 1/2 of its height, measured from floor to ceiling, above the average established finished grade of the ground adjoining the building.
- A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the lot on which such sign is situated. A bulletin or outdoor advertising sign.
- BUFFER STRIP
- A strip of land, generally adjacent to a property line, in which a screen of plantings is installed and maintained by the owner of the property. Such screen shall be planted with deciduous or evergreen trees and shrubs in any combination deemed appropriate which is dense enough and high enough to be a buffer between properties. Should the trees or shrubs die, they must be replanted. A decorative fence approximately six feet or a combination of fence and plantings may be substituted for the dense planting when the objective of screening can be met.
- Any structure having a roof supported by columns, piers, or walls including tents, lunch wagons, trailers, dining cars, camp cars or other structures on wheels and intended for the shelter, housing or enclosure of persons, animals or goods.
- BUILDING AREA
- When calculating maximum lot coverage, "building area" shall refer to all square footage of buildings covered by a roof measured at the eave line. [See § 308-43, Schedule II, column with heading, "Maximum* Lot Coverage (%)"].
- BUILDING LINE
- An imaginary line formed by the intersection of the ground and a vertical plane that coincides with the most projected exterior surface of a building, on any side.
- BUILDING LINE, FRONT
- The building line of that face of a principal building nearest the street line. In the case of a corner lot, each building line facing a street line shall be considered a front building line. (See the definitions of "lot width" and "yard area, front," and § 308-43, Schedule II.)
- BUILDING PERMIT
- A document signed by the Code Enforcement Officer and issued pursuant to the requirements of the New York State Uniform Fire Prevention and Building Code. (See the definition of "zoning permit" and § 308-25.)
- BUILDING, PRINCIPAL
- A building or buildings, in which is conducted the main or principal use of the lot on which said building is situated. (See § 308-9A.)
- Any area of land used primarily by the property owner on which are located two or more cabins, tents, trailers, shelters, recreation vehicles or similar accommodations of a design or character suitable for short-term or seasonal use and having drinking water and sewage disposal facilities approved by the Health Department of jurisdiction. A camping ground. (See § 308-46A.)
- CAMPGROUND, TRAVEL TRAILER PARK
- Any lot, parcel or tract of land used primarily by the public on which two or more camp or travel trailers are located or parked for transient or seasonal use, regardless of whether or not a charge is made for such accommodations. (See § 308-46A.)
- A space partly underground but having more than 1/2 of its floor-to-ceiling height below the average outside ground level. An uninhabitable space unless designed as an earth-sheltered dwelling.
- CERTIFICATE OF COMPLIANCE
- A certificate issued by the Code Enforcement Officer upon completion of construction, alteration or change in occupancy or use of a building. Said certificate shall acknowledge compliance with all requirements of this chapter and such adjustments thereto approved by the Zoning Board of Appeals, Planning Board or Town Board. (See §§ 308-24B and 308-25E.)
- CHURCH or PLACE OF PUBLIC WORSHIP
- A building or area of public assembly for worship and qualifying for property tax exemption by the State of New York. (See the definition of "place of public assembly.")
- CLINIC, HEALTH-RELATED
- A building or portion thereof, the principal use of which is for offices of one or more practitioners, for medical, dental or optical examination and treatment of persons on an outpatient or emergency basis. A medical office building.
- A building used to house a social, fraternal, athletic or service organization or club not organized or conducted for profit and which is not an adjunct to or operated by or in conjunction with a public tavern, cafe or other place of business.
- CLUSTER HOUSING
- The development of an area into residential lots which are smaller than would customarily be permitted by this chapter, where the density of development is no greater than would be permitted in the district by conventional development and where the residual land produced by the smaller lot size is used for common recreational facilities and open space. In calculating conventional density, only land that is actually usable for residential purposes may be included. [See § 308-45M(5).]
- CODE ENFORCEMENT OFFICER
- The officer charged with enforcement of the New York State Building and Fire Codes, zoning and other applicable rules and regulations duly adopted by the Town Board and assigned to be administered by him. (See § 308-23A.)
- COMMERCIAL VEHICLE
- A motor vehicle as defined by the New York State Motor Vehicle Law, having signs or other means of identification for the purposes of advertisement of a business, visible on its outside surfaces. All trucks, including tractor-trailers, associated trailers and heavy equipment, except vans and pickup trucks not displaying advertisement, are hereby defined as commercial vehicles. (See § 308-9J.)
- COMMUNITY RESIDENCE
- Any residential facility operated by the state or which is operated by a state certified or licensed provider of services and which is designed to assist mentally disabled individuals in the transition from institutional to independent living in the community, to provide a long-term supervised residence to individuals whose mental disability is such that independent living is improbable, to provide a temporary shelter for short periods of time in order to offer an alternative for admission to an institution, to provide a brief-stay substitute home to mentally disabled individuals, or to allow a respite or vacation to such individual's family or legal guardian. A "community residence" shall include, but shall not be limited to, halfway houses and hostels.
- CONTRACTOR'S OPERATION
- A commercial or service activity, wherein the main activity or function is not conducted on the residential lot where it is based, and any associated activities would not be detrimental to the residential character of the lot or of the surrounding neighborhood. Examples of such activities may include: electrical, heating, plumbing, masonry, roofing, carpentry, etc. (See § 308-45K.)
- See "lot coverage."
- CURB LEVEL
- The officially established grade of any curb in front of the mid-point of the lot.
- DAY-CARE CENTER
- A licensed facility for the care and supervision of persons for less than 24 hours per day in accordance with the New York State Department of Social Service's regulations and guidelines. [See § 308-46B(11); § 308-46A.]
- The allowable number of dwelling units on a lot or area of land when all requirements of the zoning regulations are met. (See § 308-43, Schedule II; § 308-45M and P.)
- DENSITY, GROSS
- The number of dwelling units allowed per total land area.
- DENSITY, NET
- The number of dwelling units allowed per net land area. (See the definition of "land area, net.")
- DEPENDENT RELATIVE
- A person who, for economic or medical reasons, is dependent on another person who is related by blood, marriage or adoption.
- DRIVE-IN BUSINESS
- Any establishment, including outdoor theaters, restaurants, refreshment stands and banks where patrons generally do not enter the building but are served or entertained in a motor vehicle. (See § 308-46A.)
- DWELLING, EARTH-SHELTERED
- A one- or two-unit dwelling specifically designed and constructed to use earth as a barrier and temperature moderator. In such dwelling, the roof and exterior walls may be covered by earth if at least one exterior wall is exposed to light and air and has the outside ground level at or below the lowest habitable floor level for at least half of the length of such exposed wall.
- DWELLING, EFFICIENCY APARTMENTS
- A dwelling unit intended for occupation by not more than two persons and providing accommodations for cooking, eating, and sleeping in one enclosed area not separated by doors or full partitions. A studio apartment.
- DWELLING, FACTORY MANUFACTURED
- A one-family dwelling which is constructed by a method or system of construction whereby the basic structure or its components are wholly, or in a substantial part, manufactured in manufacturing facilities, designed to be transported to a lot for assembly and permanent installation on a permanent foundation. For purposes of this chapter a "mobile home" is not construed to be a factory manufactured dwelling.
- DWELLING, MOBILE HOME
- A one-family dwelling which has the following distinguishing characteristics:
- (1) Constructed as a movable or portable dwelling for year-round occupancy and for installation on a masonry or concrete foundation, or a mobile home stand, or piers, with or without a basement or cellar.
- (2) Designed to be transported on its own chassis and wheels and connected to utilities after placement on a stand, foundation or piers.
- (3) May contain parts that can be folded, collapsed or telescoped when being towed and expanded later to provide additional living space.
- (4) May be constructed in two or more separately towable components designed to be joined into one integral unit capable of being again separated into the components for repeated towing.
- (5) Designed and manufactured as the type of unit which requires a seal as provided for by the Federal Department of Housing and Urban Development. For the purposes of this chapter, mobile homes which do not have the required seal or an acceptable equivalent will not be permitted.
- DWELLING, MODULAR OR SECTIONAL
- A factory manufactured dwelling. (See the definition of "dwelling, factory manufactured.")
- DWELLING, MULTIPLE-FAMILY
- One or more buildings, on an independent lot, containing three or more dwelling units. Multifamily may include apartments, townhouses which are not on individually owned lots, cooperative or condominium housing, and provide rental or sales housing. (See the definition of "housing for the elderly."
- DWELLING, ONE-FAMILY
- A building, or part of a building, on an independent lot and designed or arranged for use as one dwelling unit.
- DWELLING, TOWNHOUSE
- A building containing three or more dwelling units, each of which has one or two side walls in common with side walls of abutting dwelling units and such walls are party or lot-line walls.
- DWELLING, TWO-FAMILY
- A building, or part of a building, on an independent lot and designed or arranged for use as two dwelling units.
- DWELLING UNIT
- One or more rooms designed or used for human habitation and providing accommodations for one family or household including cooking, eating, sleeping and bathroom facilities.
- EXTRACTIVE USE
- A land use activity, other than in connection with foundations for a structure or a highway construction, involving:
- An individual or two or more persons related by blood, marriage or adoption.
- FAMILY RESIDENTIAL CARE FACILITY
- A residential facility which is occupied and operated by a family housing no more than 16 persons on a twenty-four-hour basis, who because of age, mental disability or other reasons live in a supervised residential environment which provides personal care services. The occupants are capable of responding to an emergency situation without physical assistance from staff.
- Any parcel of land of at least five acres in area which is used for gain in the raising of agricultural products, including crops, livestock, poultry or dairy products. (See § 308-45C.)
- FARM BUILDING
- Any building used for the housing of agricultural equipment, produce, livestock or poultry, or for the incidental or customary processing of farm products and the administration of farm activity, provided that such building is located on, operated in conjunction with and necessary to the operation of the farm as defined by the definition of "farm" of this section. The term "farm building" shall not include a dwelling.
- Any artificially constructed barrier of wood, masonry, stone, wire, metal or any other manufactured material or combination of materials erected for the enclosure of yard areas. (See § 308-9O.)
- FLOOD, FLOODING
- A general and temporary condition of partial or complete inundation of normally dry areas from an overflow of streams or other bodies of water caused by severe storms or unusual and rapid surface water runoff.
- FLOOD, ONE-HUNDRED-YEAR
- The highest level of flood that, on the average, has a likelihood of occurrence of 1% for any given year. The base flood.
- FLOOR AREA, HABITABLE
- The sum of the horizontal areas of floor or floors of a building which are enclosed and usable for year-round human occupancy. Said areas shall be measured between the outside face of the building's walls.
- FOOD STORE
- A wholesale or retail facility established to accommodate the shopping needs of a community. Commodities are basically foodstuffs, however, may include convenient hardware and household goods.
- A minimum required length of a front lot line. (See the definition of "lot line, front," and § 308-9C.)
- FUNERAL HOME
- A building used for the preparation of the deceased for burial or cremation which may also include facilities for the display of the deceased and ceremonies connected therewith before burial or cremation.
- GARAGE, PRIVATE
- An accessory building used in conjunction with a principal building which provides for the storage of motor vehicles owned by residents of the principal building and in which no occupation, business or services for profit are carried on. (See § 308-9B.)
- GASOLINE, CONVENIENCE MART
- The retail sale of self-serve motor fuel at a facility which also offers for sale convenience goods such as food, beverage and sundries, often on a twenty-four-hour-a-day basis.
- GREENHOUSE, COMMERCIAL
- Any building or structure in which light, temperature and/or humidity can be controlled for the growing and protection of flowers and other plants which are to be sold commercially.
- HEAVY EQUIPMENT OPERATIONS
- A land use activity associated with the storage and operation of commercial vehicles. May generally be identified with activities involving the use or storage of bulldozers, backhoes, dump trucks, tractor-trailers, and similar equipment.
- The vertical distance from finished grade to the highest point of the roof. On a hillside lot, finished grade shall be considered as the average finished grade on the uphill side of the building. (See §§ 308-10 and 308-43, Schedule II.)
- HOME OCCUPATION
- A clearly subordinate use of a commercial or service nature, located in an owner-occupied dwelling, which is not detrimental to the residential character of the lot on which said use is located or of the surrounding neighborhood, and which meets the conditions specified in § 308-45G of this chapter.
- Unless otherwise specified, the term "hospital" shall be deemed to include sanitarium, clinic, rest home and any other place for the diagnosis, treatment or other care of human invalids.
- HOUSING FOR THE ELDERLY
- A special category of multifamily dwelling designed specifically to provide facilities and services needed by elderly residents. May or may not be new construction.
- A lot, land or structure, or part thereof, where junk, discarded or salvaged materials are bought, sold, exchanged, sorted, baled, packed, disassembled, handled or abandoned, whether for the purpose of resale or sale of used parts therefrom, for the purpose of reclaiming for use some or all the materials therein, or the purpose of storage or disposing of the same for any other purpose. "Junkyard" includes but is not limited to the place of storage or deposit of two or more unregistered motor vehicles, or parts and waste materials from motor vehicles which taken together equal in bulk two or more such vehicles and are held outside of a completely enclosed building; automobile or other vehicle or machinery wrecking or dismantling yards; house-wrecking yards; used lumberyards; places or yards for storage of salvaged house wrecking and structural steel materials and equipment. The term "junkyard" shall not include establishments entirely enclosed in a building, such as pawnshops or other similar operations, for the sale, purchase, or storage of used furniture, household equipment and clothing, or for processing of used, discarded or salvaged materials as part of manufacturing operations. [See § 308-46B(13).] Exceptions:
- (1) New, and/or used motor vehicles, which are operable and qualify for a current New York State motor vehicle inspection sticker under Article 5 of the New York Motor Vehicle and Traffic Law, may be stored on premises in accordance with the provisions of these regulations. (See § 308-9G.)
- (2) Vehicles, which are operable and qualify for a current New York State motor vehicle inspection sticker under Article 5 of the New York Motor Vehicle and Traffic Law, subject to seasonal use such as travel trailers and snowmobiles even though such vehicles may be unlicensed during the part of the year they are not in use may be stored on premises in accordance with § 308-9G.
- (3) The storage of agricultural equipment, machinery and vehicles in an Agricultural District (A-C) which are being used in farm operations.
- A building or structure used for the boarding, breeding or sale of more than three domestic animals for profit. [See § 308-46B(4).]
- LAND AREA, NET
- All land used for residential purposes and not dedicated to public, industrial, commercial, agricultural, or conservation use. Parking areas necessary to such residential use shall be considered part of the net land area for the purpose of calculating net density.
- LAND AREA, PROJECT (TOTAL PROJECT AREA)
- In the case of a cluster or PUD developer not contemplating use of the entire lot or land area, that area of land clearly designated by the developer as project area, and delineated by boundaries on submitted plans. Minimum area, shared space and all other requirements pertinent to the cluster or PUD development shall be calculated based upon such project area, and no land within an approved project shall thereafter be used for open space, recreation, or other required space for any subsequent project.
- LAND AREA, TOTAL
- All the land within the lot boundaries including private roads, recreation areas, easement and natural features.
- A business that provides coin-operated self-service-type washing, drying, dry-cleaning and ironing equipment. (See § 308-46A.)
- LEAD AGENCY
- The agency which has responsibility to coordinate the environmental review of proposed actions in accordance with the New York State Environmental Quality Review Act and the regulations of the Town of Marion.
- LIGHT INDUSTRIAL USE
- Industrial uses having few, if any, nuisance characteristics such as noise, vibration, smoke, smell, etc. (See § 308-45H.)
- Large animals usually herding in nature and traditionally considered to be farm animals such as horses, cattle, pigs, goats, or sheep and kept for use or profit. Livestock shall also include such exotic species as buffalo, llama, deer, etc., which are now kept for similar purposes.
- A parcel of area of land, the dimensions and extent of which are determined by the latest official records or by the latest approved map of a subdivision of which the lot is a part.
- LOT AREA
- An area of land which is determined by the limits of the lot lines bounding that area and expressed in terms of square feet or acres. Any portion of a lot included in a public street right-of-way shall not be included in calculating lot area unless otherwise specified in this chapter. (See §§ 308-11 and 308-43, Schedule II.)
- LOT, CORNER
- A parcel of land at the junction of and fronting on two or more intersecting streets.
- LOT COVERAGE
- That percentage of the lot area which is devoted to building area. (See § 308-43, Schedule II.)
- LOT DEPTH
- The mean distance from the street line of the lot to the opposite rear line measured in the general direction of the side lines of the lot. (See §§ 308-9D and 308-43, Schedule II.)
- LOT, FLAG
- A lot that meets the minimum area requirements of this chapter but does not meet the frontage requirements on a public road and is connected to a public right-of-way by a strip of land in common ownership with such lot. No flag lots shall be formed from larger existing parcels unless the total of the contiguous access ways to such lots total 60 feet or more and such access is developed to minimum Town road specifications. Existing flag lots are nonconforming.
- LOT LINE, FRONT
- In the case of a lot abutting on only one street, the front lot line is the line separating such lot from such street. In the case of a lot that abuts more than one street, each street line shall be considered to be a front lot line. (See the definition of "frontage.")
- LOT WIDTH
- The horizontal distance between the side lot lines measured at right angles to its depth at the front building line. (See the definition of "building line, front," and §§ 308-9D and 308-43, Schedule II.)
- MAIN BUILDING FACADE
- The side or portion of a building which contains the main entrance to such building.
- MANUFACTURING ESTABLISHMENT
- An establishment, the main use of which is manufacturing, fabricating, processing, assembling, repairing, storing, cleaning, servicing or testing of materials, goods or products. An industry. (See § 308-45H.)
- MEDICAL CENTER
- See "clinic, health-related."
- MIGRANT LABOR CAMP
- A camp as defined by Chapter 1, Part 15, of the State Sanitary Code. For purposes of this chapter, a migrant labor camp shall consist of facilities occupied by one or more persons. (See § 308-45I.)
- A small retail activity which offers for sale convenience goods such as food, beverage and sundries, but not including motor fuel, often on a twenty-four-hour basis. (See the definition of "gasoline, convenience mart" and § 308-42, Schedule I, Neighborhood convenience retail store.)
- MOBILE HOME PARK
- Any site, lot, field, plot, parcel or tract of land on which two or more mobile homes are located and installed and for which use of said premises are offered to any person for a fee of any type, including cost sharing. [See § 308-46B(12).]
- MOTOR VEHICLE FUEL STATION
- Any area of land, including buildings or structures thereon, that is used for the sale of gasoline or any other motor vehicle fuel and oil and other lubricating substances, including any sale of motor vehicle accessories, and which may or may not include facilities for lubricating, washing or otherwise servicing motor vehicles, except that any repair or painting of motor vehicle bodies described in the definition of vehicle body shop shall place the use in the body shop classification. [See § 308-46B(8).]
- NONCONFORMING BUILDING
- A building lawfully existing at the date of the passage of this chapter which in its design or location upon a lot does not conform to the regulation of this chapter for the zone in which it is located as a result of the adoption of this chapter or amendment thereto.
- NONCONFORMING LOT
- A lot of record lawfully existing at the date of the passage of this chapter which does not have the minimum width or contain the minimum area for the zone in which it is located as a result of the adoption of this chapter or amendment thereto. (See §§ 308-11 through 308-13.)
- NONCONFORMING USE
- Use of a building or of land that does not conform to the regulations of the zone in which it is located. (See Article IV.)
- NOXIOUS MATTER OR MATERIAL
- Any material which is capable of causing injury to living organisms by chemical reaction, or is capable of causing detrimental effects to the physical or economic well-being of individuals.
- NURSERY SCHOOL
- A school that is required to be registered or a school that may voluntarily register with the New York State Education Department, organized for the purpose of educating a group or groups of six or more children less than seven years of age under supervision of qualified teachers providing an adequate program of learning activities and maintaining good standards of health and safety. All as required by New York State guidelines. (See § 308-46A.)
- NURSING OR CONVALESCENT HOME
- Any licensed establishment where persons are housed or lodged and furnished with meals and nursing and/or custodial care for hire.
- Use of building structure, land or premises.
- OCCUPANCY CLASSIFICATION
- A classification of buildings into occupancy groups based on the kind or nature of occupancy or use.
- OPEN SPACE
- That part of the lot area that is not used for buildings, parking or service. Open space may include lawns, trees, shrubbery, garden areas, footpaths, play areas, pools, watercourses, wooded areas and paved surfaces used as access drives but not used for vehicular parking of any kind.
- PARKING SPACE
- An off-street paved or surfaced space which, exclusive of access driveways and turning areas, is nine feet wide by 19 feet long and which is accessible and available for the parking of one motor vehicle. (See § 308-9M and N.)
- PARTY WALL
- A wall on the interior lot line used or adopted for joint service between two buildings or structures constructed in accordance with generally accepted building standards of the New York State Uniform Fire Prevention and Building Code.
- PLACE OF PUBLIC ASSEMBLY
- All buildings or portions thereof, or spaces used or intended to be used for gathering together 50 or more persons for amusement, athletic, civic, dining, educational, entertainment, patriotic, political, recreational, religious, social or similar purposes. Manufacturing establishments and similar employment centers are not considered places of public assembly for purposes of this chapter.
- PLANNED BUSINESS AREA
- A development involving a mixture of compatible business and industrial uses listed as permitted uses in Schedule I, designed in such a way as to harmonize with surrounding developments and provide a common architectural and landscaping scheme. [See § 308-46B(7).]
- PLANNED UNIT DEVELOPMENT
- A tract of land in single ownership or controlled by a partnership, corporation or cooperative group, which is developed as a unit for residential purposes, or with a combination of residential and nonresidential buildings, with all needed or required roadways, parking, accessory buildings and open spaces. A planned unit development shall involve a detailed plan review and approval in accordance with § 308-45P of this chapter.
- Domestic fowls, such as chickens, turkeys, ducks, or geese, raised for flesh or eggs.
- PRINCIPAL USE
- The main purpose for which a building or lot is to be used.
- PRIVATE SCHOOL
- A non-public educational facility operating within the requirements and guidelines of the State Education Department. (See § 308-46A.)
- PROFESSIONAL BUSINESS OFFICE
- The office of one or more members of a recognized profession maintained for the purpose of conducting the business of that profession, including buildings for executive engineering, administration and similar purposes. This definition does not include a medical clinic. (See the definition of "clinic, health-related.")
- QUARRY, SAND PIT, GRAVEL PIT, TOPSOIL STRIPPING
- A lot or land or part thereof used for the purpose of extracting stone, sand, gravel or other aggregate or topsoil for sale, as an industrial or commercial operation and exclusive of the process of grading preparatory to the construction of a building for which a building permit has been issued, or highway construction. [See the definition of "extractive use," and §§ 308-8B and 308-46B(10).]
- REPAIR AND SERVICE GARAGE
- Any building, land or portion thereof operated for gain, for the storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles including small engine repair, lawn and garden equipment, etc. May or may not be an accessory to a motor vehicle fuel station.
- REPAIR AND SERVICE SHOP, LIMITED
- Any building, land or portion thereof operated for gain involving the service repair or maintenance of items that are not associated with the use or storage of toxic, hazardous, or flammable materials; including but not limited to uses such as: electronic repair, appliance repair, electrical motor repair, and similar activities. Shall exclude: the fabrication and storage of steel, metal, wood products, and all combustion engine repair.
- A building or structure intended or designed to be used for the sale and on-premises consumption of food and beverages, including alcoholic beverages. The term "restaurant" shall include bars and taverns, and all establishments licensed to sell alcoholic beverages for on-premises consumption.
- RETAIL, NEIGHBORHOOD CONVENIENCE STORE
- A small retail facility established to accommodate the shopping needs of a limited area or neighborhood and providing basic commodities and personal services needed on a day-to-day basis.
- ROADSIDE STAND
- A stall or booth for business which shall be limited to the sale of farm products.
- SATELLITE ANTENNA
- Any parabolic dish, antenna, or other device or equipment of whatever nature or kind, the primary purpose of which is to receive television, radio, light, microwave, or other electronic signals, waves, and/or communications from space satellites.
- SETBACK LINES
- The rear limits of the required yard area specified in § 308-43, Schedule II. (See the definitions of "yard area, front," "yard area, rear," and "yard area, side.")
- SHOPPING CENTER
- A group of stores, shops and similar establishments occupying adjoining structures, all of which may be deemed one building designed as an architectural unit and providing adequate space for parking and loading. (See § 308-45O.)
- Any device, structure, painting or object for visual communication that is used for the purpose of bringing the subject thereof to the attention of others, but not including any flag, badge or insignia of any public, quasi-public, civic, charitable or religious groups. (See § 308-45L.)
- SIGN AREA
- Sign area shall be measured as follows:
- (1) When such sign is on a plaque or framed or outlined, all of the area of such plaque or the area enclosed by such frame or outline shall be included;
- (2) When such sign consists only of letters, designs or fixtures engraved, painted, projected or in any manner affixed on a wall or structure, the total area of such sign shall be deemed the area of the smallest triangle, rectangle or circle within which all of the matter of which such sign consists may be inscribed.
- SIGN, OUTDOOR ADVERTISING
- A billboard. (See the definition of "billboard.")
- SITE PLAN
- A plan of a lot or subdivision on which is shown topography, location of all buildings, structures, roads, right-of-way, landscaping, boundaries, indication of wetlands, flood hazard areas, bodies of water, site utilities, soil conditions, adjacent properties, zoning boundaries, floor elevation, signs (size and location), lighting, all essential dimensions and bearings and any other information deemed necessary by the governing board. (See § 308-28B.)
- SOLAR ACCESS
- A property owner's right to have sunlight shine on his or her property.
- SPECIAL AUTHORIZATION (SPECIAL CONDITIONS - SC)
- A use which is permitted in a particular zoning district only when it is determined that any conditions or standards which are applicable to such use have been met. (See § 308-45.)
- SPECIAL PERMIT USE
- A land use activity which, because of unique characteristics, requires a special permit which can be authorized in accordance with § 308-26C of this chapter. (See § 308-25A and D.)
- STORAGE, OUTDOOR
- Land outside any building or roofed area and used for the keeping of goods, supplies, raw materials or finished products.
- STREET LINE
- The right-of-way line determining the limit of the highway rights of the public, either existing or contemplated.
- STREET or ROAD
- A public thoroughfare which has been dedicated or deeded to the public for public use, and which has been improved in accordance with applicable standards.
- A combination of materials to form a construction that is safe and stable and includes, among other things, stadiums, platforms, radio towers, sheds, storage bins, signs, swimming pools and fences which are more than fifty-percent solid. (See § 308-9B.)
- STUDIO APARTMENT
- See "dwelling, efficiency apartments."
- SWIMMING POOL, PRIVATE
- Any body of water or receptacle for water having a depth at any point greater than two feet and designed, used or intended to be used only for swimming or bathing, and constructed, installed or maintained in or above the ground, outside any building, and completely enclosed by a barrier designed to prevent unauthorized entry. For purposes of this chapter, a swimming pool, as defined herein, shall be considered a structure and shall not include any farm pond. (See § 308-9B.)
- SWIMMING POOL, PUBLIC
- A public or privately owned pool open to the general public or on a membership basis and having appropriate dressing room facilities, recreation facilities and off-street parking area.
- TELECOMMUNICATION TOWER
- A structure designed to support antennas or upon which one or more antennas are located. It includes, without limitation, freestanding towers, guyed towers, monopoles, and similar structures, with any camouflage technology employed therewith. It is a structure intended for transmitting and/or receiving radio, television, telephone, microwave communications, or for telecommunication but excluding those used either for fire, police and other dispatch communications, or exclusively for residential radio and television reception and private citizens’ bands, amateur radio, and other similar communications. Such commercial structures are usually accompanied by small utility buildings and/or studio facilities as an accessory use. (See Ch. 262, Telecommunications Facilities, of the Code of the Town of Marion.)
- TEMPORARY USE
- An activity conducted for a specified limited period of time which may not otherwise be permitted by the provisions of this chapter. Examples of such uses are buildings, incidental to new construction which are removed after the completion of the construction work. [See §§ 308-32B(5) and 308-45B(2).]
- TRAILER, BOAT OR CARGO
- A vehicle designed exclusively for the transportation of one boat or the hauling of cargo.
- TRAILER, CAMP OR TRAVEL
- A vehicle or portable structure equipped, but not regularly used for sleeping, and which may or may not have sanitary facilities. A recreation vehicle.
- TRANSIENT RESIDENT
- A person who pays for sleeping accommodations in a commercial, profit-making establishment for a period of seven or less consecutive nights. A transient guest.
- The specific purposes for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained.
- Written authority to deviate from any of the provisions, including use of land, of this chapter, said authority to be granted by the Zoning Board of Appeals in accordance with § 308-32B(3) and (4) of this chapter.
- VEHICLE BODY SHOP
- Any building or portion thereof used primarily for the repair or painting of motor vehicle bodies, whether or not such activity also includes motor service or repair and the sale of motor vehicle fuel. [See § 308-46B(6).]
- VENDING MACHINE
- A device or mechanism for dispensing merchandise or services to the public and designed to be operated by the purchaser.
- YARD AREA, FRONT
- An open, unoccupied space on the same lot with the principal building, extending the full width of the lot and situated between the front lot line and the front building line projected to the side lines of that lot. Setback line shall be synonymous with the rear limit of the required front yard area. (See §§ 308-12 and 308-43, Schedule II.) (* See illustration below.)
- YARD AREA, REAR
- An open area on the same lot with the building or structure between the rear yard line and the rear lot line and extending the full width of the lot. (See § 308-12.) (NOTE: See illustration below.)
- YARD AREA, SIDE
- An open area on the same lot with the building or structure situated between the side yard line and the side lot line and extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed a side lot line. (See § 308-12.) (NOTE: See illustration below.)
- YARD LINE
- An imaginary line on a lot which is parallel to the lot line along which a required yard extends and which is not nearer to said lot line than the required minimum yard width or depth as set forth in § 308-43, Schedule II, of this chapter. (See § 308-12.) (NOTE: See illustration below.)
- ZERO LOT LINE BUILDING OR DEVELOPMENT
- The construction of a detached one-family dwelling on a lot which has no side yard requirement on one side of the lot. May also include two or more independent buildings on separate lots which have a common, or party, wall between them. (See § 308-13.)
- ZONING BOARD
- The officially established Zoning Board of Appeals of the Town of Marion. (See § 308-32.)
- ZONING PERMIT
- A document signed by the Code Enforcement Officer, as required by Article V of this chapter, which certifies that the action for which a permit has been requested complies with the applicable provisions of this chapter or an authorized variance from such provisions. (See §§ 308-25B, 308-26A and B, and the definition of "building permit.")
Editor's Note: The definitions of "radio, television, or telephone transmission facilities" and "receptive satellite dish antenna," which immediately and respectively followed this definition, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I). See now the definitions of "antenna," "satellite antenna," and "telecommunication tower."