This chapter shall be known, cited, and referred to as the "Zoning Law for the Town of Conesus."
The Zoning Law of the Town of Conesus is a law to protect the public health, safety, morals, and general welfare of the residents. This is to be accomplished by seeking:
A. 
To prevent the overcrowding of land, thereby insuring proper living and working conditions and preventing the development of blight.
B. 
To establish adequate standards for the preservation of light, air, and open space.
C. 
To provide for the provisions of adequate transportation and other public requirements and services.
D. 
To zone all properties with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the Town.
E. 
To protect residential, business, commercial, and industrial areas alike from harmful encroachment from incompatible use and to be sure that land allocated to proper use is not usurped by other inappropriate uses.
F. 
To avoid the inappropriate development of lands.
G. 
To define the powers and duties of the administration and law enforcement bodies.
H. 
To prescribe prevention of any violation of this chapter or of any amendments thereto.
A. 
Words in the present tense shall include the future; words used in the singular number shall include the plural number, and the plural the singular.
B. 
The word "shall" is always mandatory.
C. 
The word "property" includes all other structures of every kind regardless of similarity to building; and the phrase "used for" shall include the phrases "arranged for," "designed for," "intended for," "maintained for," and "occupied for."
D. 
Terms and words used herein shall be interpreted or defined as follows:
ACCESSORY BUILDING, STRUCTURE OR USE
Any building, structure or use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.
[Amended 6-6-2023 by L.L. No. 4-2023]
ACTIVE AGRICULTURAL LAND
Land used for a farm operation in accordance with Agriculture and Markets Law § 301, uses of which include production of crops, livestock, and livestock products, within the past five years.
[Added 6-6-2023 by L.L. No. 4-2023]
AGRICULTURE
The use of land for agricultural purposes, including farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture, and animal and poultry husbandry, and the necessary accessory uses of packing, treating, or storing the produce; provided, however, that operation of any such accessory uses shall be secondary to that of the normal agricultural activities.
AIRSTRIP (PRIVATE)
A cleared area for the landing and taking off of aircraft which is not open for the use of the general public; also called airfield, landing strip, runway.
ALTERATION
Any change in the supporting members of a building by alteration or addition which affects the building front line, the building side line, the building rear line, or the height of the building or structure. Any alteration or repair whereby a building or structure is adapted to another or different use having different restrictions or requirements; or the moving from one location or position to another under the provisions hereof shall be deemed a structural alteration.
ANIMAL HOSPITAL
Any building or portion thereof designed or used for the care, observation, or treatment of domestic animals.
AREA, NET SITE
The gross area of a site exclusive of public rights-of-way.
AUTO COURT
See "motel."
AUTO REPAIR FACILITY
Any building, land area or other premises used or intended to be used for the minor repair of automobiles, trucks not exceeding 1 1/2 tons capacity, and trailers, with services that include regular tune ups/maintenance, towing/wrecking service, collision/body repair, painting, upholstering, and engine and transmission repair.
BASEMENT
That portion of a building having its floor subgrade (below ground level) on three or more sides.
BATTERY ENERGY STORAGE SYSTEM ("BESS")
One or more devices, assembled together, capable of storing energy in order to supply electrical energy at a future time (not to include a stand-alone twelve-volt car battery or an electric motor vehicle).
[Added 6-6-2023 by L.L. No. 4-2023]
BED-AND-BREAKFAST INN
A private, owner-occupied residential dwelling that makes available six or fewer sleeping units for overnight accommodations to paying guests. Sleeping units shall have no provision for cooking.
BILLBOARD
A sign which directs attention to a business, commodity, or service or entertainment, not exclusively related to the premises to which the sign is affixed.
BREWERY
A building for the enclosed process of making alcoholic beverages, bottling, packaging and delivery, including the storage of plant-owned vehicles.
BUILDING
A relatively permanent enclosed construction over a plot of land, having a roof and usually windows and often more than one level, used for any of a wide variety of activities, such as living, entertaining, or manufacturing.
BUILDING HEIGHT
The vertical distance measured from the average elevation of the proposed finished grade at the building to the highest point.
BUILDING-INTEGRATED SOLAR ENERGY SYSTEM
Components of a building which harness solar energy for usable forms of electric or thermal energy. These components are directly integrated into the building itself. By way of example, these may comprise specially treated windows and glass, shingles, etc. This does not include building-mounted or roof-mounted solar panels.
[Added 6-6-2023 by L.L. No. 4-2023]
BUILDING LOT
A parcel occupied by, or designated to be occupied by, a use which is required by the zoning district provisions of this chapter to comply with the minimum lot area requirements of the zoning district in which it is located. The parcel shall be of sufficient size and shape to conform to all requirements of the zoning district within which it is located.
BUILDING, PRINCIPAL
A nonaccessory building in which the principal use of the lot on which it is located is conducted.
CAMP
Any one or more of the following other than a hospital, place of detention, or school instruction:
(1) 
Any area of land on which are located two or more camping units, suitable for seasonal or other temporary living purposes.
(2) 
Any land, including any building thereon, used for any assembly of persons for what is commonly known as "day camp" purposes and any of the foregoing establishments whether or not conducted for profit or whether or not occupied by adults or by children either as individuals or groups.
CAMPGROUND
Two or more recreational vehicles, cabins or tents.
[Amended 12-3-2020 by L.L. No. 1-2019]
CAMPING UNIT
A tent, camping cabin, recreational vehicle or other type of portable shelter intended, designed or used for temporary human occupancy.
CAMPSITE
A portion of a campground, with or without connections to water supply, electrical service or sewage systems, used by one camping unit.
CAMPSITE (INDIVIDUAL)
A parcel of ground on which may be located a recreational vehicle, cabin, or tent no greater than 400 square feet in area. Any structure, cabin, tent or recreational vehicle on a site must conform to other existing codes or sections of this chapter. No tent, cabin, or recreational vehicle may be occupied more than 100 days in any calendar year, nor may any tent, cabin, or recreational vehicle serve as a permanent residence for any individual. In the event a cabin, tent, or recreational vehicle is left on site for more than 30 days, then Sections 301.3 and 302 of the 2015 International Property Maintenance Code will apply.
[Amended 12-3-2020 by L.L. No. 1-2019]
CAR WASH
A building, or portion thereof, containing facilities for washing more than two automobiles, using production line methods with a chain conveyer, blower, steam cleaning device, or other mechanical devices, and shall include a manually operated auto laundry when the operation is equivalent in intensity to a mechanized auto laundry.
CELLAR
See "basement."
CERTIFICATE OF OCCUPANCY
Written acknowledgment from the Code Enforcement Officer or designee that the construction of a building meets the Uniform Fire Prevention Code for occupancy.
CLUB or LODGE
An organization catering exclusively to members and their guests or premises and buildings for recreational or athletic purposes which are not conducted primarily for gain, provided there are not conducted any vending stands, merchandising, or commercial activities except as required generally for the membership and purposes of such club.
CLUSTER DEVELOPMENT
A development of residential lots, each containing less area than the minimum lot area required for the district within which such development occurs, but maintaining the density limitation imposed by said minimum lot area through the provision of open space as a part of the subdivision plan.
COMMERCIAL
Activity/use related to the purchase and sale of goods and services, including shops, offices, theaters, restaurants and similar uses.
DECOMMISSION
The removal and disposal of the solar energy system, including all components and subsystems thereof, including associated equipment, as well as site restoration, all in accordance with a decommissioning plan.
[Added 6-6-2023 by L.L. No. 4-2023]
DISTILLERY
A place or building where alcoholic liquors are distilled or manufactured.
DISTRICT
A portion of the territory of the Town of Conesus within which certain uniform regulations and requirements, or various combinations thereof, apply under the provisions of this chapter.
DWELLING, MULTIPLE-FAMILY
A building, or portion thereof, containing three or more dwelling units.
DWELLING, SINGLE-FAMILY
A building containing one dwelling unit only.
DWELLING, TWO-FAMILY
A building containing two dwelling units.
DWELLING UNIT
A building, or portion thereof, designed or used exclusively for residential occupancy excluding hotels, motels, and tourist homes.[1]
FARM OPERATION
Land and on-farm buildings, equipment, facilities, and practices which contribute to the production, preparation, and marketing of crops, livestock, and livestock products as a commercial enterprise, all as in accordance with Agriculture and Markets Law.
[Added 6-6-2023 by L.L. No. 4-2023]
FARM USE
The use of land and on-farm buildings, structures and equipment employed in the production of plants, crops and/or livestock and livestock products as a commercial enterprise.
FLAG LOT
A large lot not meeting minimum frontage requirements and where access to the public road is by narrow, private right-of-way or driveway; permitted to allow development of back-land areas while still maintaining the rural character.
FLOATING ZONE
A zoning district that is not designated on the Zoning Map, but has the zone's characteristics and requirements for usage and construction defined in this chapter. The floating zone location remains without a designation until the Board finds that a situation exists that allows the implementation of a development application for such usage and construction in the floating zone, at which point the zone would be added to the Official Zoning Map.
GASOLINE SERVICE STATION
Any area of land, including 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 lubrication, washing, or otherwise servicing motor vehicles, but not including the painting thereof or the storage of vehicles for any purpose other than servicing with fuel, lubricants, antifreeze, tire repair and other emergency repairs of a temporary nature.
GLARE
The effect by reflections of light with intensity sufficient as determined in a commercially reasonable manner to cause annoyance, discomfort, or loss in visual performance and visibility in any material respects.
[Added 6-6-2023 by L.L. No. 4-2023]
GOVERNMENT USES
Uses for the health, safety, and welfare of the community initiated by a local, state, or federal government entity.
GROUND-MOUNTED SOLAR ENERGY SYSTEM
A solar energy system which is secured to the ground via a pole, ballast system, or other mounting system; is detached from any other structure; and which generates electricity for on-site or off-site consumption.
[Added 6-6-2023 by L.L. No. 4-2023]
HEAVY INDUSTRIAL
A business characterized by more capital-intensive and less labor-intensive operations. Products made by an economy's heavy industry are less likely to be targeted toward end consumers and more likely targeted toward other businesses. Steel manufacturing and chemical manufacturing are examples of heavy industries. Heavy industry facilities typically have more environmental impact than those associated with light industry.
HIGHWAY RIGHT-OF-WAY
That line which measures the right-of-way of any road and which is established by the Town, county or state agency having jurisdiction over the road.
HOME OCCUPATION
Any occupation or profession, excluding motor vehicle repairs on the premises, which:
(1) 
Can be conducted without substantial change in the appearance, character or traffic generation of the residence.
(2) 
Is carried on by a member of the household residing in the dwelling unit.
(3) 
Is clearly incidental and accessory or secondary to the use of the dwelling unit for residential purposes.
(4) 
Not more than two persons residing outside the household shall be employed in the home occupation.
(5) 
There shall be no exterior display, other than a sign, no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal building.
(6) 
No offensive odor, noise, vibration, smoke, dust, heat or glare shall be produced, nor will the storage or handling of hazardous material be allowed.
(7) 
No more than 40% of the habitable space will be allowed for the use of the home occupation.
HOTEL
An establishment which is open to transient guests, in contradistinction to a boardinghouse or lodging house, and is commonly known as a "hotel" in the community in which it is located; and which provides customary hotel services such as maid service, the furnishing and laundering of linen, telephone and secretarial desk service, the use and upkeep of furniture, and bellboy service.
IMPERVIOUS SURFACE
The horizontal area of ground covered by a surface through which water cannot infiltrate, such as buildings, concrete or asphalt driveways.
JUNKYARD
An open area where waste or scrap materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, and bottles. A junkyard includes an auto wrecking yard, including any place where there is storage or deposit of two or more unregistered motor vehicles which are no longer intended for or are in condition for legal use. It does not include uses established entirely within enclosed buildings.
KENNEL
Any premises on which dogs or cats are maintained, boarded, bred, or cared for, in return for remuneration, or are kept for the purpose of sale.
LEGACY BUSINESS
A business that existed at the time zoning was first enacted in the Town (1970) and subsequently was considered to be preexisting nonconforming to the zoning law at the time zoning was first enacted. A legacy business must have remained operational, with a similar use, for a minimum of 30 years after zoning was first enacted. Single-family and two-family homes used as residential rentals are excluded from this definition.
[Amended 8-8-2017 by L.L. No. 2-2017]
LIGHT INDUSTRIAL/MANUFACTURING
A business characterized by less capital-intensive and more labor-intensive operations and may include research and development, processing, fabricating, and/or assembly/disassembly of refined materials. Products resulting from a light industrial/manufacturing business tend to be targeted toward end consumers rather than other businesses. Light industrial/manufacturing facilities typically have less environmental impact than those associated with heavy industry.
LODGING HOUSE
A residential building, or portion thereof, other than a motel, apartment hotel, or hotel, containing lodging rooms which accommodate persons who are not members of the keeper's family. Lodging or meals or both are provided for compensation on a weekly or monthly basis.
LOT
A parcel of land.
LOT COVERAGE
The percentage of the lot area covered by impervious buildings or structural elements, including parking areas, driveways and walkways.
LOT DEPTH
A mean horizontal distance between the front lot line and the rear line of a lot, measured within the lot boundaries.
LOT LINE, FRONT
That boundary of the lot which is along an existing or dedicated public street.
LOT LINE, REAR
That boundary of a lot which is most distant from and is, or is most nearly, parallel to the front lot line.
LOT LINE, SIDE
Any boundary of a lot which is not a front lot line or a rear lot line.
MANUFACTURED HOME
A structure built on a permanent steel chassis and designed for transportation in one or two parts (i.e., double-wide) after fabrication, to a site where it is to be occupied complete and ready for single-family occupancy on permanent foundation with connection to required utilities.
MANUFACTURED HOME PARK
A parcel of land where four or more mobile homes are parked or which is planned and improved for the placement of mobile homes.
MEDIUM TO LARGE GROUND-MOUNTED SOLAR ENERGY SYSTEM
A ground-mounted solar energy system which does not qualify as a small ground-mounted solar energy system or small on-farm ground mounted solar energy system due to a larger size or due to off-site use.
[Added 6-6-2023 by L.L. No. 4-2023]
MINERAL SOIL GROUPS 1-4 (MSG 1-4)
Soils recognized by the New York State (NYS) Department of Agriculture and Markets as having the highest value based on soil productivity and capability, in accordance with the uniform statewide land classification system developed for the NYS Agricultural Assessment Program.
[Added 6-6-2023 by L.L. No. 4-2023]
MINI STORAGE FACILITY
A storage facility composed of numerous storage units within a single structure or numerous structures that are available for rent or lease to the public.
MODULAR HOME
A dwelling constructed from two or more conventionally built factory fabricated transportable building units which are designed to be permanently incorporated with similar units at a building site on a permanent foundation. Such dwelling meets or exceeds New York State Uniform Fire and Building Code standards for single-family, two-family or multiple-family dwellings, and contains a New York State inspection seal, as appropriate to the intended use. (NOTE: Modular homes, as defined above, would be allowed wherever residences are allowed and would not have to be specifically mentioned as permitted uses for any district.)
MOTEL
A building or a group of buildings, whether detached or in connected units, used as individual sleeping units designed primarily for transient automobile travelers and providing for accessory off-street parking facilities. The term "motel" includes buildings designed as tourist courts, lodges, tourist cabins, auto courts, and by similar terms.
NAMEPLATE CAPACITY
A solar energy system's maximum electric power output under optimal operating conditions. Nameplate capacity may be expressed in terms of alternating current (AC) or direct current (DC).
[Added 6-6-2023 by L.L. No. 4-2023]
NATIVE PERENNIAL VEGETATION
Native wildflowers, forbs, and grasses that serve as habitat, forage, and migratory way stations for pollinators and shall not include any prohibited or regulated invasive species as determined by the NYS Department of Environmental Conservation.
[Added 6-6-2023 by L.L. No. 4-2023]
NONCONFORMING BUILDING OR STRUCTURE
Any building or structure lawfully existing at the time of adoption of this chapter or revision or amendment hereto which does not conform with the minimum width, depth, and area dimensions specified for the district in which said building or structure is located by reason of such adoption, revisions or amendment.
NONCONFORMING LOT
A lot of record lawfully existing at the date of adoption of this chapter or any amendment thereto which does not meet current lot requirements.
NONCONFORMING USE
Any use of land, buildings, or structures lawfully existing at the time of the enactment of this chapter or revision or amendment hereto which does not conform to the regulations of the district or zone in which it is situated by reason of such enactment, revision or amendment.
NONPARTICIPATING RESIDENCE
A residential property which is not on lands comprising the subject solar energy system and is not otherwise affiliated with the subject solar energy system in any contractual manner (e.g., via a lease relative to the system).
[Added 6-6-2023 by L.L. No. 4-2023]
ON-FARM SOLAR ENERGY SYSTEM
A solar energy system located on a farm which is a "farm operation" (including as defined by Article 25-AA of the Agriculture and Markets Law, which may include one or multiple contiguous or noncontiguous parcels) in an agricultural district, which is designed, installed, and operated for on-site use.
[Added 6-6-2023 by L.L. No. 4-2023]
ON SITE USE
Solar energy system designed, installed, and operated so that the anticipated annual total amount of electrical energy generated does not exceed more than 110% of the anticipated annual total electrical energy consumed.
[Added 6-6-2023 by L.L. No. 4-2023]
OWNER
The owner of a solar energy system, which may be distinct from the owner of the land on which it sits (for example, in the case of a land lease). In some cases "owner" may refer to the owner of land, in which case such distinction is made in the text hereof.
[Added 6-6-2023 by L.L. No. 4-2023]
POLLINATOR
Bees, birds, bats, and other insects or wildlife that pollinate flowering plants, and includes both wild and managed insects.
[Added 6-6-2023 by L.L. No. 4-2023]
PROFESSIONAL OFFICE
An office occupied by an accountant, architect, attorney-at-law, engineer, surveyor, insurance agent, real estate broker, landscape architect, or practitioner of the human healing arts, or other professional business similar in type, scale and character.
RECONSTRUCTION
Reproducing by new construction the exact form and detail of a deteriorated or missing part.
RECREATIONAL VEHICLE
A vehicular camping unit primarily designed as temporary living quarters for recreational, camping, travel or seasonal use that either has its own motive power or is mounted on or towed by another vehicle. Recreational vehicles include, but are not limited to, camping trailers, fifth wheel trailers, motor homes, park trailers, travel trailers, and truck campers.
RESIDENTIAL CARE FACILITY
A commercial enterprise for the care of children or the aged or infirmed, or a place of rest for those suffering bodily disorders. Such home does not contain equipment for surgical care or for the treatment of disease or injury; also called "rest home" or "nursing home."
RIGHT-OF-WAY
The legal right, established by usage or grant, to pass along a specific route through property belonging to another. The path or road used by this right. Also the strip of land over which a power line, railway line, road, or other similar public utility extends.
ROADSIDE STAND
A structure for the display and sale of agricultural products, with no space for customers within the structure itself.
ROOF-MOUNTED SOLAR ENERGY SYSTEM
A solar energy system located on the roof of any legally permitted building or structure, which produces electricity for on-site or off-site consumption.
[Added 6-6-2023 by L.L. No. 4-2023]
SETBACK
The horizontal distance from lot line to building thereon on sides and back and from the road right-of-way to the front of the building. Measurement in each case being made in feet and at right angles to the lot line.
SIGN
A name, identification, description, display, or illustration which is affixed to or represented directly or indirectly upon a building, structure, or piece of land and which directs attention to an object, product, place, activity, person, institution, organization or business.
SIGN, FLASHING
Any illuminated sign on which the artificial light is not maintained stationary or constant in intensity and color at all times when such sign is in use. For the purpose of this chapter, any moving, illuminated sign shall be considered a flashing sign.
SIGN, GROUND
A freestanding sign attached to the ground by means of one or more poles or standards.
SIGN, PROJECTING
A sign which is attached to the building wall or structure and which extends horizontally more than 15 inches from the plane of such wall, or a sign which is perpendicular to the face of such wall or structure.[2]
SIGN, WALL
A sign which is attached to a wall of a building and projects not more than 15 inches from such wall.
SITE PLAN
A plan of a lot or subdivision on which is shown topography, location of all buildings, structures, roads, rights-of-way, boundaries, all essential dimensions and bearings and any other information deemed necessary by the Planning Board.
SLEEPING UNIT
A separate room in which a bed of any type, including folding or convertible, is provided. Such rooms may or may not have a private bathroom. A sleeping unit is primarily intended for temporary use by tourists and transients.[3]
SMALL GROUND-MOUNTED SOLAR ENERGY SYSTEM
A ground-mounted solar energy system which a) comprises a maximum of 2.0% of area of the lot on which it resides or b) has a total maximum of 1,000 square feet of solar facility area, whichever is less. May only be utilized as an accessory structure. On-site use only.
[Added 6-6-2023 by L.L. No. 4-2023]
SMALL ON-FARM GROUND-MOUNTED SOLAR ENERGY SYSTEM
A ground-mounted solar energy system situated on a parcel a part of a farm operation which a) comprises a maximum of 4.0% of area of the farm lot on which it resides, or b) has a total maximum of 4,000 square feet of solar facility area, whichever is less. May only be utilized as an accessory structure.
[Added 6-6-2023 by L.L. No. 4-2023]
SOLAR ACCESS
Space open to the sun and clear of overhangs or shade so as to permit the use of active and/or passive solar energy systems on individual properties.
[Added 6-6-2023 by L.L. No. 4-2023]
SOLAR ENERGY EQUIPMENT
Electrical material, hardware, inverters, conduit, energy storage devices, or other electrical and photovoltaic equipment associated with the production and storage of electricity.
[Added 6-6-2023 by L.L. No. 4-2023]
SOLAR ENERGY SYSTEM (SES)
The components and subsystems required to convert solar energy into electric energy suitable for use. The term includes, but is not limited to, solar panels and solar energy equipment.
[Added 6-6-2023 by L.L. No. 4-2023]
SOLAR FACILITY AREA
The cumulative land area occupied during the operation of the solar energy system. This shall include all areas and equipment within the facility's perimeter boundary, including the solar energy system, on-site interconnection equipment, on-site electrical energy storage equipment, and any other associated equipment, as well as any site improvements beyond the facility's perimeter boundary such as access roads used primarily for the solar energy system, permanent parking areas used primarily for the solar energy system, or other permanent improvements used primarily for the solar energy system. The facility area shall not include site improvements established for impact mitigation purposes, including but not limited to vegetative buffers and landscaping features.
[Added 6-6-2023 by L.L. No. 4-2023]
SOLAR PANEL
A photovoltaic device capable of collecting and converting solar energy into electricity.
[Added 6-6-2023 by L.L. No. 4-2023]
SPECIAL USE
An area with special land use restrictions.
SPECIAL USE PERMIT
A use which because of its unique characteristics requires individual consideration through a procedure of review by the Zoning Board of Appeals, in order to determine whether a special use permit should be granted, conditionally granted, or denied.
STORY
That portion of a building, other than a basement, included between the surface of any floor and the surface of the floor above it, or if there be no floor above it, then the space between the floor and the ceiling above it. A basement shall be counted as a story when more than 1/2 of such basement height is above the established finished lot grade level.
STRUCTURAL ELEMENTS
Major building or structural parts, including but not limited to eaves, stairways, overhangs, decks, bay windows, beams, or other similar architectural elements.
STRUCTURE
Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.
TOURIST HOME
A dwelling in which overnight accommodations are provided for paying guests.
USE
The specific purpose for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.
VARIANCE
Permission to depart from the literal requirements of this chapter.
VARIANCE, AREA
A departure from the area setbacks, frontage, coverage, size or other requirements of the applicable zoning district, or a departure from any provision of this chapter besides use.
VARIANCE, USE
A variance granted for a use or structure that is not permitted in the zoning district.
WIND ENERGY GENERATING FACILITY
Facilities at which wind is converted to another form of energy and distributed to a customer or customers.
WIND-DRIVEN GENERATORS, COMMERCIAL
Any electrical generator producing its power through the movement of air for the purpose of providing electricity for the commercial power grid or to power an individual business enterprise, subject to site plan approval pursuant to Article IV.
WIND-DRIVEN GENERATORS, RESIDENTIAL
Any electrical generator producing its power through the movement of air for purposes of providing power to one or more residential units, but not for profit. All energy produced shall primarily supply only the structures on said property. Such structures shall meet height limits for the zoning district in which they are located. All such structures shall have a setback from property lines equal to their height, including the blades.
WINERY
An establishment at which wine is made.
YARD, FRONT
An open unoccupied space on the same lot with the building between the front line of the principal building and the road right-of-way extending the full width of the lot. In the case of a flag lot, the distance from the front line facing the road of the principle building and the front lot line, exclusive of the flagstaff.
YARD, REAR
An open unoccupied space on the same lot with the building between the rear line of the principal building and the rear line of the lot and extending the full width of the lot.
YARD, SIDE
An open unoccupied space on the same lot with the principal building situated between the building and the side line of the lot 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 sideline.
[1]
Editor's Note: The former definition of "energy-generating device," which immediately followed this definition, was repealed 6-6-2023 by L.L. No. 4-2023.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[3]
Editor's Note: The former definition of "solar power," which immediately followed this definition, was repealed 6-6-2023 by L.L. No. 4-2023.
A. 
In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety, morals, and general welfare.
B. 
Where the conditions imposed by any provision of this chapter, upon the use of land or buildings or upon the bulk of buildings, are either more restrictive than comparable conditions imposed by any other provision of this chapter or of any other law, ordinance, resolution, rule, or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall govern.
A. 
All buildings erected hereafter, all uses of land or buildings established, and all structural alterations or relocation of existing buildings occurring hereafter shall be subject to all regulations of this chapter which are applicable to the zoning districts in which such buildings, uses or land shall be located.
B. 
A conditional use permit shall be deemed to authorize only one particular conditional use and shall expire if the conditional use shall cease for more than six months for any reason.[1]
[1]
Editor's Note: See § 155-17 and Art. VIII of this chapter.