Chapter 150
ZONING
ARTICLE I
Title, Purpose, Scope
§ 150-1. Title.
This chapter
shall be known as the "Zoning Chapter of the Town of Ontario, New
York."
§ 150-2. Purpose.
Pursuant to
the provisions of 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:
A. To lessen congestion in the streets and
secure safety from fire, flood, panic and other dangers.
B. To promote health and general welfare
and to provide adequate light and air.
C. To prevent the overcrowding of land and
avoid undue concentrations of population.
D. To facilitate the adequate provision of
public facilities for transportation, water, sewage disposal, schools, parks
and other public requirements.
E. To make provision for, so far as
conditions may permit, the accommodation of alternate energy systems and
equipment.
F. To conserve the value of buildings and
encourage the most appropriate use of land in accordance with a comprehensive
plan.
G. To preserve the economic and commercial
viability of the Town of Ontario.
H. To preserve the quality and character of
life in the Town of Ontario.
§ 150-3. Scope.
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 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.
ARTICLE II
Word Usage and Definitions
§ 150-4. Word usage.
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."
§ 150-5. Definitions.
The
following shall define the words used in this chapter:
ACCESSORY
USE -- 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.
ALTERATION
OF BUILDING OR STRUCTURE -- Any change in supporting members of a building, any
addition to a building or removal of a building from one location to another.
APARTMENT
HOUSE -- A multifamily dwelling.
AUTOMOBILE
SALES AREA -- An area used for the display, sale or rental of new or used
automobiles and where no repair work is done.
BASEMENT
-- 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.
BED-AND-BREAKFAST
-- 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.
BLOCK
-- The length of a street between two street intersections.
BOARDER
-- 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.
BOARDINGHOUSE
or ROOMING HOUSE -- A dwelling, other than a hotel or motel, where six or more
unrelated persons are sheltered, with or without meals, for gain.
BUILDING
-- Any structure having a roof supported by columns, piers or walls, including
tents, lunch wagons, trailers, dining cars, camp cars or other structures on
wheels and intended for the shelter, housing or enclosure of persons, animals
or goods.
BUILDING AREA -- 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.
BUILDING
HEIGHT -- 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.
BUILDING
LINE -- An imaginary line formed by the intersection of the ground and a
vertical plane that coincides with the most projected exterior surface of a
building, on any side.
BUILDING
LINE, FRONT -- The building line of that face of a principal building nearest
the front lot line. In the case of a corner lot each building line facing a
street line shall be considered a front building line.
CAMP
-- 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.
CAMPGROUND;
TRAVEL-TRAILER PARK -- 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.
CAR
(AUTO-VEHICLE) WASH -- 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.
CELLAR
-- 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.
CERTIFICATE
OF OCCUPANCY -- 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.
CHURCH
or PLACE OF PUBLIC WORSHIP -- A building or area of public assembly for
worship.
CLINIC,
HEALTH-RELATED -- A building or portion thereof, the principal use of which is
for offices of one or more practitioners for medical, dental or optical
examination and treatment of persons on an outpatient or emergency basis.
CLUBHOUSE
-- 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.
CLUSTER
DEVELOPMENT -- 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.
CODE ENFORCEMENT OFFICER –
The Code Enforcement Officer appointed pursuant to §80-4 of this Code.
COMMUNITY
RESIDENCE -- Any residential facility operated by the state or which is
operated by a state-certified or
-licensed provider of services and which is designed to assist 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.
CONVENIENCE
MART -- A retail activity which offers for sale convenience goods, beverages
and sundries, including motor fuel.
DAY-CARE
FACILITY -- 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 less than 24
hours per day.
DEPENDENT
RELATIVE -- A person who, for economic or medical reasons, is dependent on
another person who is related by blood, marriage or adoption.
DUMPSTER
-- A refuse receptacle capable of holding one yard or more of refuse; a
dumpster will be considered an accessory structure. .
DWELLING
-- A building or structure that meets the following criteria:
A. Designed, used or intended to be used as
complete living quarters for one family or household.
B. Provides cooking and bathroom
facilities and an independent entrance from the outside or from a common hall
or entryway.
C. Meets applicable requirements of the New
York State Uniform Fire Prevention and Building Code.
DWELLING,
EARTH-SHELTERED -- A one- or two-unit dwelling specifically designed and
constructed to use earth as a barrier and temperature moderator. In such
dwelling, the roof and exterior walls may be covered by earth if at least one
exterior wall is exposed to light and air and has the outside ground level at
or below the lowest habitable floor level for at least 1/2 of the length of such exposed wall.
DWELLING,
FACTORY-MANUFACTURED -- A one-family dwelling which is constructed by a method
or system of construction whereby the basic structure or its components are
wholly or in a substantial part manufactured in manufacturing facilities and
designed to be transported to a lot for assembly and permanent installation on
a permanent foundation. For purposes of this chapter, a mobile home is not
construed to be a factory-manufactured dwelling.
DWELLING,
MOBILE/MANUFACTURED HOME -- A one-unit dwelling that has the following
distinguishing characteristics:
A. 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.
B. Designed to be transported on its own
chassis and wheels connected to utilities after placement on a stand, foundation
or piers.
C. May contain parts that can be folded,
collapsed or telescoped when being towed and expanded later to provide
additional living space.
D. 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.
E. Meets applicable requirements of the
New York State Uniform Fire Prevention and Building Code.
DWELLING,
MULTIPLE -- 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.
DWELLING,
SINGLE-FAMILY -- A detached dwelling occupied exclusively by one family and not
more than two boarders.
DWELLING,
TOWNHOUSE -- 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 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.
DWELLING,
TWO-FAMILY -- A detached building containing no more than two dwellings.
FAMILY
-- An individual or two or more persons related by blood, marriage or adoption
(a household).
FAMILY-CARE
FACILITY -- 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.")
FARM
-- 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.
FARM
LABOR CAMP -- A farm labor camp as defined by Chapter 1, Part 15, of the State
Sanitary Code. For purposes of this chapter, a farm labor camp shall consist of
facilities occupied by one or more persons. [See § 150-43F(1).]
FARM MARKET – 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.
FENCE
-- Any constructed barrier of wood, masonry, stone, wire, metal or any other
manufactured material or combination of materials, erected for the enclosure of
a yard or other area.
FRONTAGE
-- That portion of a lot abutting on a public right-of-way.
GARAGE,
COMMERCIAL OR PUBLIC -- 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.
GARAGE,
PRIVATE -- 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.
GREENHOUSE
-- 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.
HAZARDOUS
WASTE -- Defined, for purposes of
HAZARDOUS
WASTE (HIGH) -- 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.
HAZARDOUS
WASTE (LOW) -- 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, and classified
by the federal government as low-level waste consistent with existing law,
which definition is hereby specifically incorporated into this section.
HAZARDOUS
WASTE TREATMENT, STORAGE, DISPOSAL FACILITY --- 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.
HIGHWAY
LINE -- 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.
HOME
OCCUPATION -- 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 § 150-42Q of this
chapter.
HOSPITAL
-- 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.
JUNKYARD:
A. 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.
B. Exceptions:
(1) 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 Motor Vehicle and Traffic
Law may be stored on a lot in accordance with the provisions of this chapter.
(See § 150-47C.)
(2) 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 § 150-47C.)
(3) The storage of agricultural equipment,
machinery and vehicles in any district when such material is part of an active
farm operation.
(4) Solid waste disposal operations that are
run by or licensed by an official governmental body, if otherwise permitted by
other provisions of this chapter.
KENNEL
-- An accessory building or structure used for the boarding, breeding or sale
of more than three domestic animals. [See § 150-43F(2).]
LOT,
CORNER -- 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.
LOT
COVERAGE -- The aggregate area of the lot covered by principal buildings or
structure, plus each accessory building or structure.
LOT
DEPTH -- The mean horizontal distance from its front line 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.
LOT,
FLAG -- 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 access way, 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.
LOT
WIDTH -- The mean width, measured at right angles to its depth.
MOBILE
HOME -- See "dwelling, mobile home."
MOBILE
HOME PARK -- Any plot of ground upon which two or more occupied mobile homes
are located.
MOTOR
VEHICLE SERVICE STATION -- A building or premises or portion thereof used
primarily for the retail sale of fuel for motor vehicles and for minor repairs.
NONCONFORMING
NONCONFORMING
USE -- 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.
NURSERY
SCHOOL -- 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 §
150-42N.)
NURSING
OR CONVALESCENT HOME -- Any licensed establishment where persons are lodged and
furnished with meals and nursing and/or custodial care for hire. [See §
150-43F(7).] (See also "residential care facility, adult.")
OPEN
SPACE -- 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.
PERSONAL
SERVICE ESTABLISHMENT -- A home occupation that will conform to special
conditions under § 150-42Q.
PLACE
OF PUBLIC ASSEMBLY -- All buildings or portions thereof or spaces used or
intended to be used for gathering together 50 or more persons for amusement,
athletic, civic, dining, educational, entertainment, patriotic, political,
recreational, religious, social or similar purposes. Manufacturing
establishments and similar employment centers are not places of public assembly
for purposes of this chapter.
PLANNED
UNIT DEVELOPMENT -- A tract of land, in single ownership or controlled by a
partnership, corporation or cooperative group, which is developed as a unit for
residential purposes or with a combination of residential and nonresidential
buildings, with all needed or required roadways, parking, accessory buildings
and open spaces. A planned unit development shall involve a detailed plan
review and approval in accordance with § 150-43F(6) of this chapter.
POWER
GENERATION AND DISTRIBUTION FACILITY -- A facility used to create and
distribute electric power for public consumption.
PRINCIPAL
BUILDING -- A building or structure in which is conducted the main or principal
use of the lot on which said building or structure is located.
RECREATIONAL
EQUIPMENT -- Any item used for recreational purposes that requires state
registration.
RESIDENTIAL-CARE
FACILITY, ADULT -- 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 or limitations associated with age or physical
disabilities, are unable to live independently. There are two types of
facilities:
A. Facilities for three or fewer adults,
licensed and periodically inspected by the Department of Social Services.
B. Facilities for four or more adults,
licensed and periodically inspected by the New York State Department of Social
Services.
RESTAURANT
-- A building or structure where food and beverages, whether or not alcoholic,
are sold to the public for consumption on the premises.
ROADSIDE
STAND -- A temporary structure for the sale of produce produced on site. See §
150-42B.
SIGN
-- 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.
SOLID
WASTE TRANSFER STATION -- 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.
SITE
PLAN -- A plan or plans of a lot, subdivision or proposed development that is
prepared for site plan review pursuant to the provisions of Article VI of this
chapter.
STABLE -- The premises on which horses, ponies or similar types of
animals, regardless of size, breed or species, are kept or fed, including barns
and corrals.
STABLE, PRIVATE -- 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.
STABLE, PUBLIC -- 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.
STREET
or ROAD:
A. 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:
(1) PRIVATE ROADWAY -- A road serving no
more than six lots, which will not be dedicated to the Town.
(2) RURAL DEVELOPMENT ROAD -- A road used as
a principal means of access to adjacent residential properties serving only six
or less dwellings.
(3) SUBDIVISION ROAD -- Any 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
(4) TOWN COLLECTOR ROAD -- A road connecting
district centers, serving large volumes of through traffic, located outside or
bounding the residential neighborhoods.
B. Refer to the Town of Ontario Land
Development Regulations and public works requirements.
STREET
LINE -- The right-of-way of the street.
STRUCTURE
-- 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 porches, steps and/or
stairs), signs, walls, solid fences, radio towers, telecommunications devices,
swimming pools, billboards, satellite dishes and poster panels.
TEMPORARY
USE -- 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 §§ 150-42H and 150-59B.]
TOURIST
HOME -- 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.
TRAILER:
A. CAMP or TRAVEL -- A 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.
B. CONSTRUCTION -- A 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.
TRANSIENT
RESIDENT -- 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.
USE
-- 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.
UTILITY SHED -- A
residential accessory structure with outside dimensions not exceeding 10 feet
by 12 feet and a height not exceeding 12 feet, used for storage of lawn and
garden tools and equipment, snowblowers and other snow-removal equipment,
bicycles, children's play equipment, swimming pool equipment and other such
tools and equipment as are solely used in maintaining the residential lot or
parcel on which it is constructed, without electrical service, water supply or
sewer service and at no time used for dwelling or sleeping purposes
VARIANCE
-- 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 § 150-69 of this chapter.
VENDING
MACHINE -- A device or mechanism for dispensing merchandise or services to the
public and designed to be operated by the purchaser.
VEHICLE
BODY SHOP -- 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. [See § 150-43F(14).]
YARD
-- An open space, on a lot, unoccupied and unobstructed from the ground
upwards, except as otherwise permitted.
YARD,
FRONT -- 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.)
YARD,
REAR -- 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.) 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.
YARD,
SIDE -- An open area on the same lot with the building or structure situated
between the side yard line and the side lot line and extending from the front
yard to the rear yard. Any lot line not a rear line or a front line shall be
deemed a side lot line. (See illustration included at the end of this chapter.)
§ 150-6. Establishment of districts.
For the purpose
of promoting the health, safety, morals and general welfare of the community,
the Town of Ontario is hereby divided into the following eight classes of
districts:
A. Adult Entertainment (AE) District: for
uses as defined in Chapter 105 of the Code of the Town of Ontario.
B. Rural (R1) District: designates areas
of the Town for the purpose of encouraging a proper environment to foster
normal agricultural operations and rural residential land uses; to maintain an
open rural character of the community and to protect viable agricultural soils.
C. Rural (R2) District: designates areas of
the Town for the purpose of promoting the orderly development of residential
property and maintaining an open rural character for the community.
D. Suburban Residential (SR) District:
designates areas of the Town for single-family residential use, at low density.
E. Urban Residential (UR) District:
designates areas of the Town for a variety of residential buildings or
structures with mixed density.
F. Business (B) District: designates areas
of the Town for general retail, service and office activities to provide goods
and services and residential uses.
G. Business Transitional (BT) District:
designates areas of the Town for commercial service, storage and light-industrial
processing activities, as defined in the New York State Uniform Fire Prevention
and Building Code, of Town-wide or regional significance and residential uses.
H. Industrial (I) District: designated
areas of the Town for public utilities and light and heavy industrial uses.
I. Planned Unit Development (PUD): the
unified development of a land area of at least 50 acres, with such combination
of buildings and structures and uses as shall be appropriate to an integrated
plan for the area.
J. Public Utility District: designates
area for use by a public utility plant and associated facilities. This district
may not be used as an area for permanent hazardous waste storage and disposal.
(1) In Public Utility Districts, only the
following structures, buildings and uses shall be permitted:
(a) Those uses incidental to the generation
and distribution of electric power.
(b) Those structures and uses complying with
the requirements of federal and state regulations.
(c) Hazardous waste produced on site may be
stored on site.
(d) Those uses incidental to the providing
of telephone service, natural gas service, cable service, cellular phone
service and any other public utility.
(2) Should the public utility use be
discontinued, the use of this district will revert to the use of the contiguous
district(s).
§ 150-7. Zoning Map.
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.
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.
§ 150-8. Interpretation of district boundaries.
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.
D. Boundaries indicated as parallel to or
extensions of features indicated in Subsections A through C shall be construed
to be parallel to or extensions of such features.
E. Distances not specifically set forth on
the Zoning Map shall be determined by the scale of the map.
ARTICLE III
General Regulations
Applicable in All Districts
§ 150-9. Applicability.
A. No structure, building or parcel shall
hereafter be used or occupied and no structure or building shall hereafter be
erected, constructed, reconstructed, moved or structurally altered unless in
conformity with all of the regulations for the district in which it is located,
and no more than one dwelling shall be erected or constructed upon a single parcel
of land.
B. No part of a yard, open space, parking
space or loading space required for any structure under this regulation shall
be included as part of a yard, open space, parking space or loading space
similarly required for another structure or building.
C. No yard, lot or parking space now
existing shall be reduced in size below the minimum requirements of this
chapter. Yards or lots created after the effective date of this chapter shall
meet its minimum requirements.
D. Within each district, the regulation
established by this chapter shall be minimum regulations and shall be applied
uniformly to each class or kind of structure or building or parcel.
§ 150-10. Effect on filed subdivision.
A. If the plat of a residential subdivision
containing one or more new streets has been duly filed in the Wayne County
Clerk's office prior to the adoption of this chapter, the lots of the
subdivision may be developed with the lots and yards delineated on the plat and
any provision of this chapter requiring larger lots or yards shall not apply to
the subdivision for a period of three years from the date of such filing. If
the plat is being filed in sections, the three years shall be computed from the
last date of the filing of a section prior to such adoption. If an additional
section is filed after such adoption but within the three-year period and less
than one year of the period remains, the three-year period shall be extended as
to such section only for one year from the date of its filing.
B. The provisions of § 150-10A shall also
apply relative to any amendment of this chapter.
§ 150-11.
Where a lot
in one ownership exists in two or more districts, the regulations for any one
district may be extended into the other district or districts for a distance of
not more than 20 feet. Extensions of more than 20 feet shall be permitted only
by approval of the Zoning Board of Appeals.
§ 150-12. Height exceptions.
Nothing
contained in this chapter shall limit or restrict the height of a church spire,
belfry, clock tower, chimney flue, elevator bulkhead, television antenna. (See
§ 150-26, Schedule I, Part 4.[1])
§ 150-13. Fire escape.
Nothing
contained in this chapter shall prevent the projection of an open fireproof
escape or stairway into a rear yard or side yard for a distance not to exceed
eight feet.
§ 150-14. Minimum building area.
Unless
otherwise specified elsewhere in this chapter, every building or structure used
or designed to be used for residential purposes shall be built upon permanent
foundation walls and shall have a minimum floor area used for living purposes
as follows:
A. For a one-story dwelling: varies by
district. (See Schedule II.[2])
B. For any other dwelling type: 800 square
feet per unit as required in each zoning district. (See Schedule II.[3])
C. For Business, Business Transitional and
Industrial Districts: one-thousand-square-foot minimum on the first floor.
Dwellings shall be that of Urban Residential District.
§ 150-15. Private garages and accessory buildings or
structures.
A. In any district, any garage or accessory building or structure
shall comply with all applicable setbacks, except that a single residential
utility shed may be placed no closer to
a side or rear property line than five feet. This section shall not apply to
fences.
B. Location.
(1) No detached garage or other accessory building or structure, including utility sheds, shall be constructed nearer the front property line than the front of the main building or, in the case of a corner lot, nearer to the side street line than the minimum road front setbacks for the zoning district. (Reference: the Bulk Chart, Schedule II.[4]) If a garage is constructed as a structural part of an existing dwelling, it may extend into an interior side yard re