A.
Title. This chapter shall be known and may be cited as the "Zoning
Ordinance of the Town of Marion, Wayne County, New York."
B.
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:
(1)
To lessen congestion in the streets and secure safety from fire,
flood, panic and other dangers;
(2)
To promote health and general welfare and to provide adequate light
and air;
(3)
To prevent the overcrowding of land and avoid undue concentrations
of population;
(4)
To facilitate the adequate provision of public facilities for transportation,
water, sewage disposal, schools, parks and other public requirements;
(5)
To make provision for, so far as conditions may permit, the accommodation
of alternate energy systems and equipment;
(6)
To conserve the value of buildings and encourage the most appropriate
use of land, in accordance with a Comprehensive Plan;
C.
Scope.
(1)
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.
(2)
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.
A.
General.
(1)
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.)
(2)
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.
B.
Violation notices.
(1)
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.
(2)
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.
(3)
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.
C.
Appearance ticket.
(1)
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.
D.
Penalties.
(1)
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.
(2)
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.
A.
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.
B.
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).]
C.
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:
(1)
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.
(2)
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.
(3)
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.
(4)
At the public hearing, full opportunity to be heard shall be given
to any citizen and all parties interested.
D.
Protest of amendments and/or modification to Zoning Ordinance.
(1)
Whenever zoning regulations are to be amended, supplemented, changed,
modified or repealed, a proper protest of same must meet one of the
following specifications:
(a)
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;
(b)
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
(c)
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.
(2)
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.
E.
Referral to County Planning Board.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
F.
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.
A.
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."
B.
ACCESS
ACCESSORY BUILDING OR USE
ALTERATION
ANIMAL HOSPITAL
ANIMAL SHELTER
ANTENNA
BASEMENT
BILLBOARD
BUFFER STRIP
BUILDING
BUILDING AREA
BUILDING LINE
BUILDING LINE, FRONT
BUILDING PERMIT
BUILDING, PRINCIPAL
CAMP
CAMPGROUND, TRAVEL TRAILER PARK
CELLAR
CERTIFICATE OF COMPLIANCE
CHURCH or PLACE OF PUBLIC WORSHIP
CLINIC, HEALTH-RELATED
CLUBHOUSE
CLUSTER HOUSING
CODE ENFORCEMENT OFFICER
COMMERCIAL VEHICLE
COMMUNITY RESIDENCE
CONTRACTOR'S OPERATION
COVERAGE
CURB LEVEL
DAY-CARE CENTER
DENSITY
DENSITY, GROSS
DENSITY, NET
DEPENDENT RELATIVE
DRIVE-IN BUSINESS
DWELLING, EARTH-SHELTERED
DWELLING, EFFICIENCY APARTMENTS
DWELLING, FACTORY MANUFACTURED
DWELLING, MOBILE HOME
(1)
(2)
(3)
(4)
(5)
DWELLING, MODULAR OR SECTIONAL
DWELLING, MULTIPLE-FAMILY
DWELLING, ONE-FAMILY
DWELLING, TOWNHOUSE
DWELLING, TWO-FAMILY
DWELLING UNIT
EXTRACTIVE USE
(1)
(2)
(3)
FAMILY
FAMILY RESIDENTIAL CARE FACILITY
FARM
FARM BUILDING
FENCE
FLOOD, FLOODING
FLOOD, ONE-HUNDRED-YEAR
FLOOR AREA, HABITABLE
FOOD STORE
FRONTAGE
FUNERAL HOME
GARAGE, PRIVATE
GASOLINE, CONVENIENCE MART
GREENHOUSE, COMMERCIAL
HEAVY EQUIPMENT OPERATIONS
HEIGHT
HOME OCCUPATION
HOSPITAL
HOUSING FOR THE ELDERLY
JUNKYARD
(1)
(2)
(3)
KENNEL
LAND AREA, NET
LAND AREA, PROJECT (TOTAL PROJECT AREA)
LAND AREA, TOTAL
LAUNDROMAT
LEAD AGENCY
LIGHT INDUSTRIAL USE
LIVESTOCK
LOT
LOT AREA
LOT, CORNER
LOT COVERAGE
LOT DEPTH
LOT, FLAG
LOT LINE, FRONT
LOT WIDTH
MAIN BUILDING FACADE
MANUFACTURING ESTABLISHMENT
MEDICAL CENTER
MIGRANT LABOR CAMP
MINI-MART
MOBILE HOME
MOBILE HOME PARK
MOTOR VEHICLE FUEL STATION
NONCONFORMING BUILDING
NONCONFORMING LOT
NONCONFORMING USE
NOXIOUS MATTER OR MATERIAL
NURSERY SCHOOL
NURSING OR CONVALESCENT HOME
OCCUPANCY
OCCUPANCY CLASSIFICATION
OPEN SPACE
PARKING SPACE
PARTY WALL
PLACE OF PUBLIC ASSEMBLY
PLANNED BUSINESS AREA
PLANNED UNIT DEVELOPMENT
PLANNING BOARD
POULTRY
PRINCIPAL USE
PRIVATE SCHOOL
PROFESSIONAL BUSINESS OFFICE
QUARRY, SAND PIT, GRAVEL PIT, TOPSOIL STRIPPING
REPAIR AND SERVICE GARAGE
REPAIR AND SERVICE SHOP, LIMITED
RESTAURANT
RETAIL, NEIGHBORHOOD CONVENIENCE STORE
ROADSIDE STAND
SATELLITE ANTENNA
SETBACK LINES
SHOPPING CENTER
SIGN
SIGN AREA
(1)
(2)
SIGN, OUTDOOR ADVERTISING
SITE PLAN
SOLAR ACCESS
SPECIAL AUTHORIZATION (SPECIAL CONDITIONS - SC)
SPECIAL PERMIT USE
STORAGE, OUTDOOR
STREET LINE
STREET or ROAD
STRUCTURE
STUDIO APARTMENT
SWIMMING POOL, PRIVATE
SWIMMING POOL, PUBLIC
TELECOMMUNICATION TOWER
TEMPORARY USE
TRAILER, BOAT OR CARGO
TRAILER, CAMP OR TRAVEL
TRANSIENT RESIDENT
USE
VARIANCE
VEHICLE BODY SHOP
VENDING MACHINE
YARD AREA, FRONT
YARD AREA, REAR
YARD AREA, SIDE
YARD LINE
ZERO LOT LINE BUILDING OR DEVELOPMENT
ZONING BOARD
ZONING PERMIT
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.)
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.
A building or portion thereof designed or used for the care,
observation or treatment of domestic animals.
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.[1]
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.
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.
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 (%)"].
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.
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.)
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.)
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.)[2]
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.
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.)
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.")
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.
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).]
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.)
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.)
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.
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.)[3]
See "lot coverage."
The officially established grade of any curb in front of
the mid-point of the lot.
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 number of dwelling units allowed per total land area.
The number of dwelling units allowed per net land area. (See
the definition of "land area, net.")
A person who, for economic or medical reasons, is dependent
on another person who is related by blood, marriage or adoption.
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.)
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.
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.
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.
A one-family dwelling which has the following distinguishing
characteristics:
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.
Designed to be transported on its own chassis and wheels and
connected to utilities after placement on a stand, foundation or piers.
May contain parts that can be folded, collapsed or telescoped
when being towed and expanded later to provide additional living space.
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.
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.
A factory manufactured dwelling. (See the definition of "dwelling,
factory manufactured.")
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."
A building, or part of a building, on an independent lot
and designed or arranged for use as one dwelling unit.
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.
A building, or part of a building, on an independent lot
and designed or arranged for use as two dwelling units.
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.
A land use activity, other than in connection with foundations
for a structure or a highway construction, involving:
A volume of earth movement exceeding the average of one cubic
foot per square foot of lot area, or 1,000 cubic yards, whichever
is the lesser; or
A change in ground elevation from previously existing grade
exceeding 10 feet;
See, also, the definition "quarry, sand pit, gravel pit, topsoil stripping." [See §§ 308-8B and 308-46B(10).]
An individual or two or more persons related by blood, marriage
or adoption.
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.[4]
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.)
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.)
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.
The highest level of flood that, on the average, has a likelihood
of occurrence of 1% for any given year. The base flood.
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.
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.)
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.
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.)
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.
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.
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.
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.
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:
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.)
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.
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).]
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.
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.
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.)
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.
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.
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.)
A parcel of land at the junction of and fronting on two or
more intersecting streets.
That percentage of the lot area which is devoted to building area. (See § 308-43, Schedule II.)
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.
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.")
The side or portion of a building which contains the main
entrance to such building.
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.)
See "clinic, health-related."
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.)
See "dwelling, mobile home" and § 308-45B.
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).]
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).]
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.[5]
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.)
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.
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.)
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.
A classification of buildings into occupancy groups based
on the kind or nature of occupancy or use.
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.
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.
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.
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).]
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.
The main purpose for which a building or lot is to be used.
A non-public educational facility operating within the requirements and guidelines of the State Education Department. (See § 308-46A.)
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.")
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).][7]
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.
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.
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.
A stall or booth for business which shall be limited to the
sale of farm products.
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.[8]
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.")
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 shall be measured as follows:
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;
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.
A billboard. (See the definition of "billboard.")
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.)
A property owner's right to have sunlight shine on his or
her property.
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.)
Land outside any building or roofed area and used for the
keeping of goods, supplies, raw materials or finished products.
The right-of-way line determining the limit of the highway
rights of the public, either existing or contemplated.
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.)
See "dwelling, efficiency apartments."
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.)
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.
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.)[9]
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).]
A vehicle designed exclusively for the transportation of
one boat or the hauling of cargo.
A vehicle or portable structure equipped, but not regularly
used for sleeping, and which may or may not have sanitary facilities.
A recreation vehicle.
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.
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).]
A device or mechanism for dispensing merchandise or services
to the public and designed to be operated by the purchaser.
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.)
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.)
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.)
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.)
 |
|
1 = Yard line
| |
|
2 = Front yard
| |
|
3 = Side yard
| |
|
4 = Rear yard
| |
|
5 = Side or rear yard
|
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.)
The officially established Zoning Board of Appeals of the Town of Marion. (See § 308-32.)
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.")
[7]
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."
