In the interpretation of this chapter, the following rules shall
apply:
A.
Words used in the present tense shall include the future tense.
B.
The singular includes the plural.
C.
The word "person" includes a partnership, trust, an estate and corporation,
as well as an individual.
D.
The word "lot" includes the word "plot" or "parcel."
E.
The term "used" or "occupied," as applied to any land or structure,
shall be construed to include the words "intended, arranged or designed
to be used or occupied."
The following shall define the words used in this chapter:
A subordinate building or structure, the use of which is
customarily incidental to that of the principal building and which
is located on the same lot with the principal building. "Accessory
building" includes a garage, swimming pool, private stable, barn,
toolhouse, children's playhouse, utility shed and similar uses.
A use, not otherwise contrary to the provisions of this chapter,
that is incidental and subordinate to the principal use and located
on the same lot therewith. In no case shall an accessory use on a
residential lot be used for commercial purposes or dominate in area,
extent or purpose the principal, lawful use of the lot. When a variance
has been granted by the Zoning Board of Appeals, there shall be no
accessory use unless such use has been specifically approved as part
of the variance.
A statement defined in § 301 of the New York State
Agriculture and Markets Law.
Cultivation of land, or raising or harvesting of any agricultural
or horticultural commodity, including the raising, shearing, feeding,
caring for, training of and management of farm animals, including
the sale of products grown on or raised directly on such land and
including the construction, alteration or maintenance of fences, agricultural
roads, agricultural drainage systems, farm ponds on such lands, and
the necessary accessory uses for storage; provided, however, that
the operation of any such accessory use shall be incidental to that
of the principal agricultural activities. The term "farm" is included
in this definition.
Any change in supporting members of a building, any addition
to a building or removal of a building from one location to another.
Any structures, equipment, devices or construction techniques
used for the capture and/or production of energy, including electricity,
heat, light, cooling, gas production or other forms of energy on-site,
either attached to, incorporated within or separate from a principal
structure. Allowable alternative energy supply systems include wind
energy collection, production, distribution and usage systems; active
and passive photovoltaic (PV) solar energy collection, production,
distribution and usage systems; gas collection, production, distribution
and usage systems, including farm and other waste management systems;
heat and cooling energy collection, production, distribution and usage
systems, including steam, geothermal and combined heat and power (CHP)
applications; biofuel and biomass collection, production, distribution
and usage systems, including biodiesel, ethanol and other biofuel
applications utilizing organic feedstocks. For the purposes of this
definition and chapter, "alternative energy supply systems" may include
improvements and/or services that cooperatively provide energy to
one or more parcels in allowable districts that share common ownership
and/or control through one or more public benefit corporations and/or
local development corporations.
A multifamily dwelling.
The owner of land proposed to be subdivided or developed
or his agent. Proof of agency shall be required from the legal owner
of the land proposed to be subdivided or developed.
An area used for the display, sale or rental of new or used
automobiles and where no repair work is done.
A story partly below grade and which has 1/2 of its height,
measured from floor to ceiling, above the average established finished
grade of the ground adjoining the building.
An owner-occupied one-unit dwelling within which is provided
overnight accommodations for transient guests who stay up to five
nights and which includes the serving of breakfast but no other meal
to such guests.
The length of a street between two street intersections.
A person, residing with a family, who is provided with sleeping
facilities, with or without meals, for gain on other than a daily
or transient basis.
A dwelling, other than a hotel or motel, where six or more
unrelated persons are sheltered, with or without meals, for gain.
A continuous strip of land area covered with grass, vegetation,
trees, fencing, embankments or berms, and designed to provide a physical
screen preventing visual access from one use to another and to reduce
the escape and/or intrusion of litter, fumes, dust, noise, or other
noxious or objectionable elements.
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.
The minimum first-floor area used for living purposes shall
be the horizontal area of a building, measured at the ground level
along the exterior of the foundation walls, excluding accessory buildings,
open porches, terraces, steps and garages, whether attached or unattached.
The New York State Uniform Fire Prevention and Building Code
duly adopted by the Town Board of the Town of Ontario.
The area of a building as measured from the exterior faces
of exterior walls. The area of buildings and parts of buildings without
exterior walls shall be measured from the outer limits of the roof
line. It does not include accessory structures, trellises, patio,
areas of porch, deck, ramps, stairways or cantilevered covers.
The length, in feet, of the side of a building adjacent to
and most nearly parallel to a street or public parking lot.
The vertical distance measured from the average elevation
of the proposed finished grade on the uphill side of the building
to the highest point of the roof.
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 front lot line. In the case of a corner lot, each building line
facing a street line shall be considered a front building line.
A permit issued pursuant to the provisions of the Town Code.
The term "building permit" shall also include a building permit which
is renewed, amended or extended pursuant to any provisions of the
Town Code.
A detached building or structure used to support an agricultural
use. Said building or structure may be used for the housing of farm
animals, agricultural products, agricultural materials, agricultural
equipment, or for the incidental or customary processing of farm products,
and provided that such building is located on or operated in conjunction
with the operation of the farm.
A combination of photovoltaic building components integrated
into any building envelope system, such as vertical facades (including
glass and other facade material), semitransparent skylight systems,
roofing materials, and shading over windows.
Any area of land 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; a camping ground.
Any lot, parcel or tract of land 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.
The free part of a horizontal member of a structure projecting
beyond a support.
Any building or premises, or portion thereof, the use of
which is devoted to the business of washing cars (autos or trucks)
for a fee, whether by automated cleaning devices or otherwise.
A structure designed to provide storage space for automobiles,
consisting of no more than two walls and a roof. A carport is accessory
to, and may be attached to or detached from, the principal residential
building.
A space partly underground but having more than 1/2 of its
floor-to-ceiling height below the average outside ground level; an
uninhabited space unless designed as an earth-sheltered residence.
A certificate issued by the Code Enforcement Officer upon
the completion of a construction, alteration or change in occupancy
or use of a building and acknowledging compliance with all requirements
of this chapter and such modifications thereto approved by the Zoning
Board of Appeals, the Planning Board or Town Board and the New York
State Uniform Fire Prevention and Building Code.
A certificate issued by the Code Enforcement Officer certifying
that a land use, structure, nonhabitable space or accessory use, or
sign is in compliance with all requirements of the Town's Code
and local laws in existence as of the date of the issuance of the
certificate of zoning compliance.
A building or area of public assembly for worship.
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 building to house a club or social organization not conducted
for profit and which is not adjunct to or operated by or in connection
with a public tavern, cafe or other public place.
The subdivision of an area into lots that 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 recreation and open space.
The Code Enforcement Officer appointed pursuant to § 80-3 of this Code.
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 disabled individuals in the transition
from institutional to independent living in the community, to provide
a long-term supervised residence to individuals whose 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 disabled individuals or to allow respite or vacation to such
individuals' families or legal guardians. A community residence
shall include, but shall not be limited to, halfway houses and hostels.
An ownership arrangement in which the interior of a housing
unit is individually owned, while the exterior, including land and
facilities (common elements), is owned in common by all homeowners
in the development. The owner has title to the interior individual
dwelling and a shared interest in the common elements.
An easement, covenant, restriction or other interest in real
property, created under and subject to the provisions of Title 3,
§ 49-0301 et seq. of the New York State Environmental Conservation
Law, which limits or restricts development, management or use of such
real property for the purpose of preserving or maintaining the scenic,
open, historic, archaeological, architectural, or natural condition,
character, significance or amenities of the real property in a manner
consistent with the public policy set forth in § 49-0301
et seq. of the Environmental Conservation Law, and the adopted Town
of Ontario Comprehensive Plan.
Those fees required by a consultant who has been retained
by the Town to perform the duties and tasks described in any contract
agreement between the consultant and the Town.
A retail activity which offers for sale convenience goods,
beverages and sundries, including motor fuel.
Day care provided on a regular basis for more than three
children or adults away from their own homes for more than three hours
and fewer than 24 hours per day.
A person who, for economic or medical reasons, is dependent
on another person who is related by blood, marriage or adoption.
A developed parcel of real property upon which more than one principal building is constructed or principal use conducted, as in the case of a shopping center, plaza or mall or industrial complex or park, or in the case of a principal building having both residential and nonresidential use as permitted by the provisions of Chapter 150 of the Town Code.
A developed parcel of real property upon which no more than
one principal building is constructed or principle use conducted.
Construction of buildings and/or conduct of uses which are incidental
or accessory to a principal building or principal use shall not cause
a single-use development to be considered a multi-use development.
The removal of vegetation, any and all excavation (including
but not limited to the use of motorized machinery on soil), grading,
grubbing, excavation, stockpiling, filling, removal of soil or rock,
demolition of existing structures, access created for construction
purposes, drilling, trenching, benching, terracing, backfilling, storm
and erosion control work, embankment stabilization, installation or
construction of catch basins, culvert piping, swales, ditches, riprap,
construction entrances, driveways (including shared), retaining walls
or improvements of a similar nature, utility work, placing or filling
soil on top of the natural vegetative cover and the conditions resulting
from any of such activities. Land disturbance does not include routine
maintenance that is performed to maintain the original line and grade,
hydraulic capacity, or original purpose of a facility or agricultural
use.
A special improvement district established or extended for
the purpose of constructing and maintaining stormwater drainage facilities.
Also see "special improvement district."
Easements required for the installation or periodic maintenance
of stormwater sewers, drainage ditches or detention facilities providing
for the flow of water therein to safeguard the public and the environment
against danger from flood or erosion.
A driveway providing vehicular access between two or more
contiguous lots.
A refuse receptacle capable of holding one yard or more of
refuse. A dumpster will be considered an accessory structure.
A building or structure that meets the following criteria:
Designed, used or intended to be used as complete living quarters
for one family or household.
Provides cooking and bathroom facilities and an independent
entrance from the outside or from a common hall or entryway.
Meets applicable requirements of the New York State Uniform
Fire Prevention and Building Code.
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 1/2
of the length of such exposed wall.
A one-unit dwelling that has the following distinguishing
characteristics:
Manufactured as a moveable 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, 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.
Meets applicable requirements of the New York State Uniform
Fire Prevention and Building Code.
A dwelling occupied by three or more families, living independently
of each other, and by not more than one boarder with each family and
having separate kitchen and bathroom facilities for each family.
A detached dwelling occupied exclusively by one family and
not more than two boarders.
A dwelling containing two or more dwelling units, each of
which has one or two side walls in common with side walls of abutting
dwelling units and which are party or lot-line walls. It provides
single- family housing for sale in an approved subdivision. Rental
housing of this architectural style shall be considered multiple-family.
A detached building containing no more than two dwellings.
The erection, construction, alteration or maintenance by
public utilities or any government department or commission of underground
or overhead gas, electrical, telecommunications or water transmission
and/or distribution systems, including poles, wires, drains, sewers,
pipes, conduits, cables, towers, traffic signals, hydrants and other
similar equipment and accessories in connection therewith, reasonably
necessary for the furnishings or adequate service by such public utilities
or municipal or other governmental agencies, or to the public health,
safety or general facilities or sites for the disposal of waste materials
associated with the provision of such services.
The process of the removal or stockpiling of sand, gravel,
soil (including topsoil) or other natural deposits by stripping or
digging of a site.
The removal of any soil, gravel, natural gas or other earth-generated
material from a property with the intent to sell or reuse. Site work
performed via building permit in preparation for property improvements,
where earth-generated materials are removed off-site incidental to
construction activities, shall not be deemed an extractive use.
An individual or two or more persons related by blood, marriage
or adoption (a household).
Living space in private homes in which a family or individual
cares, on a twenty-four-hour basis, for up to three mentally or physically
disabled children or adults. The state site-selection law does not
apply. (See also "residential-care facility, adult.")
A parcel of land of five or more acres used principally in
the raising or production of agricultural products and the necessary
farm structures and storage of equipment used on the premises.
An operation selling agricultural produce and plant materials
which have been grown on- or off-site (edible and nonedible) and other
incidental and ancillary items such as fertilizers, herbicides and
pesticides, lawn and garden tools and equipment, and lawn furniture.
An operation as defined in § 301 of the New York
State Agriculture and Markets Law.
An activity, now permitted by law, engaged in by a farmer,
as defined herein, in connection with and in furtherance of the business
of farming, and shall include without limitation the collection, transportation,
distribution, and storage of animal wastes; storage, transportation
and use of equipment for tillage; planting and harvesting; transportation,
storage and use of legally permitted fertilizers, lime, insecticides
and pesticides all in accordance with local, state and federal laws
and regulations, and in accordance with the manufacturer's instructions
and warnings; and construction of farm structures and facilities as
permitted by local and state Building Codes and regulations, including
construction and maintenance of fences.
Any constructed barrier of wood, masonry, stone, wire, metal
or any other manufactured material or combination of materials.
A single-story structure utilized as a multipurpose/tenant
workspace that may combine warehouse, industrial and retail uses,
which may contain office space. Such structures shall contain an open
floor that can be modified to accommodate individual tenants and shall
not be considered habitable.
That portion of a lot abutting on a public right-of-way.
A building and premises used for the storage, commercial
repair, rental, and/or servicing of motor vehicles and/or for retail
sale of fuel for such vehicles.
An enclosed area for the storage of one or more motor vehicles
in which no business, occupation or service is conducted for profit,
other than the rental of space.
Any building or structure in which light, temperature and
humidity can be controlled for the protection and growing of flowers,
vegetables and other plants that are to be sold commercially.
A solar energy system that is anchored to the ground and
attached to a pole or similar mounting system, detached from any other
structure, for the primary purpose of producing electricity for on-site
or off-site consumption.
Defined, for purposes of New York State Department of Environmental
Conservation (DEC) regulations and for purposes of this chapter, in
6 NYCRR 371.1(d) through (d)(4). "Hazardous waste" is further defined
by the Environmental Protection Agency beginning at 40 CFR 261.3,
which is incorporated by reference into this section.
Defined by the United States Nuclear Regulatory Commission
(NRC) and for purposes of this chapter as irradiated reactor fuel,
liquid waste resulting from the operation of the first-cycle solvent-extraction
system, or equivalent, and the concentrated waste from subsequent
extraction cycles, or equivalent, in a facility for reprocessing irradiated
reactor fuel, and solids into which such liquid wastes have been converted,
all as set forth in 10 CFR 60.2.
Defined, for purposes of this chapter, in accordance with
the FEMA (Federal Emergency Management Agency) definition of low-level
radioactive waste, i.e., radioactive waste that is neither high-level
waste, nor transuranic waste, nor spent nuclear fuel, nor by-product
material; as defined in Section 11.e(2) of the Atomic Energy Act of
1954, as amended,[2] and classified by the federal government as low-level
waste consistent with existing law, which definition is hereby specifically
incorporated into this section.
For purposes of this chapter, defined per New York State
DEC regulations at 6 NYCRR 370.2(b)(177). It is further defined by
the Environmental Protection Agency at 40 CFR 260.10.
The line which is the boundary between a lot and the right-of-way,
private road, street or highway. Where the highway line is not readily
determinable and has not been established by a highway survey, computation
to determine the highway line shall be made from the center of the
existing traveled portion of the way or pavement, which shall be deemed
the center of the highway for the purposes of this chapter. A three-rod
right-of-way shall be used for computing unless a wider highway right-of-way
has been otherwise established.
Any use customarily conducted entirely within a dwelling, provided that such use is carried on solely by the residents of the dwelling and is clearly incidental and secondary to the use of the dwelling for dwelling purposes, and meeting the performance standards set forth in § 150-42B(15) of this chapter.
A building used for the diagnosis, treatment or other care
of human ailments, which term includes a sanitarium, clinic, rest
home, nursing home and convalescent home.
A lot, land or structure or building where junk or 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 of 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 therefrom
which, taken together, equal in bulk two or more motor vehicles and
are kept outside a completely enclosed building or structure; automobile
or other vehicle or machinery wrecking or dismantling yards; and places
or yards for storage of construction and demolition material. The
term "junkyard" shall not include a commercial establishment entirely
enclosed in a building or structure, such as a shop for the purchase,
sale or storage and repair of furniture, household or garden equipment
and clothing, or for the processing of used, discarded or salvaged
material as parts of an industrial process carried out inside an enclosed
building or structure with no outside storage.
Exceptions:
New and/or used motor vehicles that are operable and qualify for a current New York State motor vehicle inspection and registration sticker under Article 5 of the New York Vehicle and Traffic Law may be stored on a lot in accordance with the provisions of this chapter. (See § 150-59C.)
Vehicles that are operable and qualify for a current New York State motor vehicle inspection sticker, which vehicles are subject to seasonal use, such as recreation vehicles and snowmobiles, even though such vehicles may be unlicensed during the part of the year they are not in use, may be stored on a lot in accordance with the provisions of this chapter. (See § 150-59C.)
The storage of agricultural equipment, machinery and vehicles
in any district when such material is part of an active farm operation.
Solid waste disposal operations that are run by or licensed
by an official governmental body, if otherwise permitted by other
provisions of this chapter.
An accessory building or structure used for the boarding, breeding or sale of more than three domestic animals. See § 150-42B(28).
A solar energy system that is ground-mounted and produces
energy solely or partly for off-site sale or consumption.
An instrument issued by a bank which guarantees the availability
of funds in a specific amount for withdrawal by the Town and is intended
to guarantee the complete and satisfactory construction of improvements
in accordance with approved plans.
The manufacture, assembly or processing of the following
products: scientific, medical, dental, optical, photographic, electronic,
electrical, mechanical or tool or die equipment, or instruments or
components thereof; medical, dental, or pharmaceutical supplies; plastic
products (but not the manufacture of plastics); business and office
equipment; furniture and cabinets; food or beverage products (but
not canning or freezing of fruits or vegetables, slaughtering, meat
packing or fermentation or distillation of alcoholic beverages); or
other similar products.
A parcel of land, with or without buildings or structures,
delineated by lot lines and having frontage on or access to a street
as defined in this chapter.
The aggregate area of the lot covered by principal buildings
or structures, plus each accessory building or structure.
The mean horizontal distance from the front line of a lot
to its rear lot line, measured in the general direction of its side
lot lines. In the case of a corner lot, the rear lot line shall be
a side yard line for purposes of computing distances.
Alteration of existing parcel boundaries where no additional
parcels are created. This includes consolidation of parcels and annexation
of property to existing parcels.
The line separating the lot from the boundary of the highway
or right-of-way upon which the lot abuts.
The lot line opposite and most distant from the front lot
line.
The lot line other than a front or rear lot line. A side
lot line separating a lot from a street is called a "side street lot
line."
The mean width, measured at right angles to its depth.
A lot at the junction of and abutting on two or more intersecting
streets where the interior angle of intersection does not exceed 135°.
Any lot abutting a curved street where the interior angle formed by
the intersection of lines drawn tangent to the street at the points
of intersection of street and lot lines does not exceed 135° shall
also be considered a corner lot. All corner lots are deemed to have
two front yards and two side yards and no rear yard.
A lot shaped similar to a flag on a pole, where the width
of the "pole" portion of the lot is significantly less than the "flag"
portion of the lot. The "pole" portion of the lot must be at least
25 feet in width and must be used for a driveway or other accessway
only. All structures must be located on the "flag" portion of the
lot. The "pole" portion of the lot is not considered a part of the
front yard of the lot.
A parcel of land which adjoins Ontario Lake.
See "dwelling, mobile/manufactured home."
Grading that is completed on a large scale over a large area
prior to preliminary grading and which, when completed, is within
two vertical feet of the site's final grade elevations. "Large
scale" and "large area" are site-specific determinations and will
be determined by the Town CEO in consultation with the Town Engineer
and Watershed Inspector.
The approximate average low-water level or high-water level
for a given body of water at a given elevation, determined by reference
from survey datum provided by the United States Geological Service
(USGS). According to the New York State Office of General Services,
the mean low-water level for Ontario Lake is 243 feet above mean sea
level (National Geodetic Vertical Datum of 1929). These heights are
measured above mean sea level.
A building or group of buildings where secured areas are
rented to individuals for storage of household items and other nonhazardous,
nonperishable durable goods. The storage areas are designed to allow
private access by the tenant for storing or removing personal property.
For the purpose of this definition, the term "mini-storage" shall
have the same meaning as "self-storage."
A structure on a parcel of land within which are independently
operated two or more commercial/business/industrial uses or one or
more nonresidential uses operating independently of a residential
use.
See "dwelling, mobile/manufactured home."
Any plot of ground upon which two or more occupied mobile/manufactured
homes are located.
A structure approved by the State of New York and designed
primarily for residential occupancy and constructed by a method or
system of construction whereby the structure or its components are
wholly or in substantial part manufactured in manufacturing facilities,
intended or designed for permanent installation or assembly and permanent
installation.
A lot or structure available to the public and operated for
commercial gain whose uses include but are not limited to the storage,
lubricating, washing, equipping, servicing, repair or modification
of motor vehicles, including but not limited to engine or transmission
repair; body or frame straightening or repair, exhaust repair, painting,
refinishing or undercoating; or installation or repair of tires, glass,
upholstery or radio or audio equipment.
A lot or structure available to the public and operated for
commercial gain whose uses include, but are not limited to, dispensing,
selling, or offering automotive fuels, oils or accessories, including
lubrication, washing, polishing or cleaning and the replacement or
installation of parts not defined under the definition of "motor vehicle
repair station."
A lot of record existing at the date of adoption of this
chapter which does not meet the minimum requirements for the zone
in which such lot is located.
Use of a building or of land for a purpose that does not
conform to the regulations of the zone in which such building or land
is located.
A school that is organized for the purpose of educating a group of six or more children less than seven years of age under supervision of certified teachers and providing a program of learning activities. [See § 150-42B(12).]
Any licensed establishment where persons are lodged and furnished
with meals and nursing and/or custodial care for hire. (See also "residential-care
facility, adult.")
The process of exploring, drilling for or extracting natural
gas, petroleum, or similar hydrocarbon-based resources from naturally
occurring formations below the surface of the earth.
Any structure, facility, process, building, machinery, accessory
use and/or equipment used for or in connection with oil and gas extraction,
which includes but is not limited to any drilling rig, pipeline, flowline,
gathering line, sweetening plants, separators, processing facilities,
compression facilities, carbon dioxide removal facilities, bulk storage
plants, hydrogen sulfide removal facilities, dehydration facilities,
compressor stations, metering facilities, waste pits, chemical mixing
or storage tanks, flowback pits or tanks, water and chemical mixture
transfer and hauling stations, parking areas, and access roads and
drives.
Any approved units or system of units or devices designed
to treat, purify, dissolve, and/or distribute excreta. The minimum
standard of design and placement of every element of the on-site wastewater
treatment system shall be that standard which is found to be in conformance
with the provisions of Appendix 75-A of the New York State Public
Health Law § 201(1)(l), titled "Wastewater Treatment Standards
— Residential Onsite Systems."
That portion of a lot that is not used for buildings or structures
or parking. Open space may include lawns, shrubbery, trees, garden
areas, footpaths, play areas, ponds, watercourses, wooded areas and
paved surfaces that are not used for vehicular parking of any kind.
An area of land, filed in the Wayne County Clerk's office,
delineated as a contiguous unit by a Tax Map number based upon a metes
and bounds description.
A parcel, combination of parcels, or tract from which two
or more derivative parcels or lots are created by division.
A store or shop providing personal, financial, technical
or repair services, assistance or advice to individual consumers,
including, but not limited to:
Arts and crafts studios or stores.
Appliance repair and rental.
Bicycle repair.
Barbershops and beauty shops.
Dressmakers and tailors.
Dry-cleaning or laundry pickup stations.
Laundromats.
Locksmiths.
Musical instrument repair.
Professional photographer's studios.
Shoe repair.
Furniture upholstering shops.
Watch repair.
Copy services.
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 places of public
assembly for purposes of this chapter.
A drawing, or set of drawings, indicating the manner or layout of a subdivision or site which is to be submitted for approval together with all required improvements and appurtenances. Types of plans include sketch, preliminary and final, pursuant to the provisions of Article VI in the Land Development Regulations and Public Works Requirements.[3] Each type of plan requires a different level of detail
to be shown.
The approval by the Planning Board of a preliminary or final
site plan set forth in a resolution. Site plan approvals may include
modifications, and approvals of final site plans may be conditional.
A resolution of the Planning Board approving a site plan does not
constitute final approval and does not qualify a final site plan for
recording in the office of the Wayne County Clerk or the Ontario Town
Clerk.
A complete and exact subdivision or site plan, prepared for
official recording as required by statute, to define property rights
and proposed streets and other improvements.
A complete and exact site plan, prepared for official recording
as required by statute, to define property rights, proposed streets
and other improvements.
A tentative subdivision or site plan, in lesser detail than
a final plan, showing approximate proposed streets and lot layout
as a basis for consideration prior to preparation of a final plan.
A tentative site plan, in lesser detail than a final plan,
showing approximate proposed streets and lot layout as a basis for
consideration prior to preparation of a final plan.
An informal plan, not necessarily to scale, indicating salient
existing features of a tract and its surroundings and the general
layout of the proposed site.
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 Article XIII of this chapter.
The Planning Board of Wayne County.
A facility used to create and distribute electric power for
public consumption.
A building or structure in which is conducted the main or
principal use of the lot on which said building or structure is located.
A facility other than a telecommunication tower or telecommunication antenna for the provision of public utility services, including facilities constructed, altered or maintained by utility corporations, either public or privately owned, or government agencies, necessary for the provision of electricity gas, steam, heat, communication, water, sewage collection, or other such service to the general public. Such facilities shall include poles, wires, mains, drains, sewers, pipes, conduits, cables, alarms and call boxes and other similar equipment, but shall not include office or administration buildings. For purposes of the zoning law, telecommunication towers or telecommunication antenna, defined separately in this section, shall not be governed by the zoning regulations which apply to the broader definition of public utility facilities, but shall be governed by Chapter 133.
Any item used for recreational purposes that requires state
registration.
Residential facilities for adults where minimal medical care
and personal hygiene are provided to residents on a twenty-four-hour
basis for persons who, by reason of limitations associated with age
or physical disabilities, are unable to live independently. There
are two types of facilities:
A building or structure where food and beverages, whether
or not alcoholic, are sold to the public for consumption on the premises.
Revision of all or part of an existing filed subdivision
plat, including consolidation of lots, annexation of land to lots
or any other alteration of an approved lot boundary.
A temporary structure for the sale of produce produced on-site. See § 150-42B(3).
A solar panel system located on the roof of any legally permitted
building or structure for the purpose of producing electricity for
on-site or off-site consumption.
The distance between the street line, rear or side lines
of the lot and the front, rear and side lines of the building. All
measurements shall be made at right angles to or radially from the
lot lines to the nearest portion of the building lines. Setbacks from
street lines to building lines are defined as "front setbacks." Setbacks
from side lot lines are "side setbacks." Setbacks from rear lot lines
are "rear setbacks."
Any device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public, but not including any flag, badge or insignia of any government or government agency or of any civic, charitable, religious, patriotic, fraternal or similar organization. (See § 150-60.)
A solar energy system that produces energy solely for on-site
consumption.
Electrical energy storage devices, material, hardware, inverters,
or other electrical equipment and photovoltaic conduit devices associated
with electrical energy production.
Any electrical generating system composed of a combination
of both solar panels and solar energy equipment.
A photovoltaic device capable of collecting and converting
solar energy into electrical energy.
A combination of buildings or structures, machinery or devices
at a place or facility where solid waste is taken from collection
vehicles and placed in larger transportation units for movement to
another solid waste management facility.
A use listed as a special permitted use in a zoning district.
A special use requires application be made in accordance with procedures
and specifications set forth in the Town of Ontario Code. The term
does not include use variances.
A stable on or at which horses, ponies or similar types of
animals, regardless of size, breed or species, are kept or fed for
remuneration, hire or sale.
A stable which is an accessory use for the family which resides
on the premises and on or at which horses, ponies or similar types
of animals, regardless of size, breed or species, are kept or fed,
but not for remuneration, sale or hire.
A formal review of a proposed action conducted pursuant to
6 NYCRR Part 617 which seeks to ensure a productive and enjoyable
harmony between man and his environment, and promotes efforts which
will prevent, eliminate or mitigate damage to the environment and
enhance human and natural resources.
The right-of-way of the street.
A general term used to describe a right-of-way, municipally
or privately owned, serving as a means of vehicular and pedestrian
travel, furnishing space for sewers, public utilities and shade trees.
Streets are classified by function as follows:
PRIVATE ROADWAYA road serving no more than six lots, which will not be dedicated to the Town.
RURAL DEVELOPMENT ROADA road used as a principal means of access to adjacent residential properties serving only six or fewer dwellings.
SUBDIVISION ROADAny residential road serving six or more dwellings or a connecting road serving primarily developed neighborhoods with low volumes of through traffic. Subdivision roads are to be dedicated to the Town or owned and maintained by an acceptable legal entity.
TOWN COLLECTOR ROADA road connecting district centers, serving large volumes of through traffic, located outside or bounding the residential neighborhoods.
Refer to the Town of Ontario Land Development Regulations and
Public Works Requirements.[4]
Anything constructed or erected with a fixed location on
the ground or attached to something having a fixed location on the
ground. Structures include, but shall not be limited to, buildings
(including their patios, decks, porches, steps and/or stairs), signs,
walls, solid fences, radio towers, telecommunications devices, swimming
pools, billboards, satellite dishes and poster panels.
The division of land into two or more lots.
An activity or land use established for a specific limited period of time, which may not otherwise be permitted by the provisions of this chapter. (See also § 150-17.)
A dwelling occupied by one family and in which not more than
six rooms are rented to the transient public on a daily or weekly
basis and food is served only to residents.
CAMP or TRAVELA portable structure or vehicle equipped but not regularly used for sleeping and which may have bathroom facilities; a recreational vehicle or recreational equipment not designed to be put on a foundation.
CONSTRUCTIONA portable structure or vehicle used by a builder or contractor during the period of new construction which is removed upon issuance of a final certificate of occupancy for a structure or at the completion of one or more phases of a subdivision.
A person who pays for sleeping accommodations in a commercial
profit-making establishment for a period of seven or fewer consecutive
nights; a transient guest.
The specific purposes for which land or a building or structure
is designed, arranged, intended or for which it is or may be occupied
or maintained.
The authorization by the Zoning Board of Appeals for the
use of land in a manner which is not allowed by the dimensional or
physical requirements of the applicable zoning regulations.
The authorization by the Zoning Board of Appeals for the
use of land for a purpose which is otherwise not allowed or is prohibited
by the applicable zoning regulations.
Any building or structure 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.
Any establishment or place of business established, maintained,
conducted and operated by a vehicle dismantler, as such person is
defined in New York Environmental Conservation Law Article 27, Title
23, Vehicle Dismantling Facilities, as it may be amended from time
to time. This definition includes any person or entity engaged in
the business of acquiring end-of-life motor vehicles or trailers for
the purpose of dismantling the same for parts or reselling such vehicles
as scrap, but shall not include a person that receives no more than
25 end-of-life vehicles per year and stores less than 50 end-of-life
vehicles on-site at any one time.
A device or mechanism for dispensing merchandise or services
to the public and designed to be operated by the purchaser.
An open space on a lot, unoccupied and unobstructed from
the ground upwards, except as otherwise permitted.
An open, unoccupied space on the same lot with the principal
building or structure, extending the full width of the lot and situated
between the front highway line and the front building line, except
for fences and/or other decorative or landscaping uses and exclusive
of cornices, overhangs and chimneys. (See illustration included at
the end of this chapter.[5])
The ground space on a lot between the rear line of the lot
and the nearest point of the principal building or structure and extending
the full width of the lot. (See illustration included at the end of
this chapter.[6]) In the case of a corner lot, there is no rear yard. A
side yard line, for the purposes of computing distances, shall be
considered the rear yard line.
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 illustration
included at the end of this chapter.[7])
The system by which specific incentives or bonuses are granted, pursuant to this section, on condition that specific physical, social, or cultural benefits or amenities would inure to the community. Those adjustments to zoning district requirements listed in § 150-28 of this chapter.
[1]
Editor’s Note: See 10 NYCRR 15.1 et seq.
[2]
Editor's Note: See 42 U.S.C.A. § 2014.
[3]
Editor's Note: The Land Development Regulations and Public
Works Requirements are on file in the Town offices.
[4]
Editor's Note: The Land Development Regulations and Public
Works Requirements are on file in the Town offices.
[5]
Editor’s Note: Said illustration is on file in the Town
offices.
[6]
Editor’s Note: Said illustration is on file in the Town
offices.
[7]
Editor’s Note: Said illustration is on file in the Town
offices.
A.
The boundaries of the districts are established as shown on the map
entitled the "Zoning Map of the Town of Ontario," and called the "Zoning
Map" in this chapter. The Zoning Map, including all the explanatory
material on it, is incorporated as a part of this chapter.[1]
[1]
Editor’s Note: The Zoning Map is included as an attachment to this chapter.
B.
The Town Clerk shall certify the Zoning Map as part of this chapter
and keep it on file in the Clerk's office.
C.
Any change in the district boundaries or other matters shown on the
Zoning Map shall be promptly made on the map, attested to by the Town
Clerk. The chapter or law making such change shall provide for its
immediate entry on the Zoning Map.
If there is uncertainty as to the exact boundaries of districts
shown on the Zoning Map, the following rules shall apply:
A.
Boundaries shown as approximately following the center lines of streets
or highways shall be construed to follow such center lines.
B.
Boundaries shown as approximately following plotted lot lines shall
be construed to follow such lot lines.
C.
Boundaries shown as following shorelines of streams, lakes and reservoirs
shall be construed to follow such shorelines and to move with changes
in the actual shorelines.
E.
Distances not specifically set forth on the Zoning Map shall be determined
by the scale of the map.
