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 required under this chapter not more than three feet. This section
shall not include fences.
(2) Where the front yard (as defined in §
150-5 and as illustrated at the end of this chapter) is more than 200 feet in
depth, a garage or accessory building or structure, including utility sheds,
shall be no closer than 200 feet to the front
lot line.
§ 150-16. Area and width exceptions.
In any such
parcel of land with an area or width less than prescribed for a lot in the
district in which such lot is situated, which parcel was under one ownership on
the effective date of this chapter and the owner thereof owned no adjoining
land, said parcel may be used as a lot for any purpose permitted in the
district, provided that there shall be compliance with all other regulations
prescribed for the district by this chapter.
§ 150-17. Excavations and topsoil removal.
All
excavations and topsoil removal shall be made in compliance with Chapter 75 of
the Code of the Town of Ontario. All excavations must also adhere to all state
and federal water MS4 regulations.
§ 150-18. Junkyards.
In any
district, no lot may hereafter be used nor any building structure erected,
reconstructed, structurally altered or moved for use as a junkyard as defined
in this chapter. (See § 150-5.)
§ 150-19. Street intersection improvements.[5]
At the
intersection of two or more streets, no hedge, fence, wall or other obstruction
to vision shall be permitted within the triangle of land bounded by the street
right-of-way lines and a line connecting points on such right-of-way lines
which are a distance of 30 feet from their intersection.
§ 150-20. Storage of materials; temporary storage
structures.
In any district, all storage of materials shall be
behind the front line of the primary structure located on such premises. Any structure used for the storage of
materials shall comply with all applicable setbacks. The foregoing requirements shall not apply to
the placement of a temporary storage structure which remains on such premises
for no more than two weeks in any 12 consecutive months.
§ 150-21. Fences
A. A permit issued by the Code Enforcement Officer is required
prior to the erection of any fence in any district. Such permit shall be issued
upon an application submission of the
following:
(1) Site plan showing the placement and
dimensions of the proposed fence, all of which shall be in compliance with the
requirements of this section.
(2.)
Payment of an application fee in an amount established by the Town
Board.
B. In all residential districts (Rural R1; Rural R2; Suburban
Residential; and Urban Residential), fences shall comply with the following:
(1) Barbed-wire, razor wire, electrical (with the exception of
low-voltage, underground, pet containment fences) or other, similar types of
fences are prohibited, except on farms or to enclose horse paddocks.
(2) Fences shall have a maximum height of six feet five inches
(excluding commercially manufactured decorative caps located on top of fence
posts), measured from the top of the fence to the ground.
(3) Commercially manufactured decorative caps located on top of
fence posts shall not exceed 12 inches in height and width.
C. In all districts, fences shall comply with the following:
(1) Fencing shall follow the natural contour of the land.
(2) Fences
shall be constructed so that the finished side faces adjoining lots and all
posts and/or supports shall face the owner’s side.
§ 150-22. (Reserved)
§ 150-23. (Reserved)
ARTICLE IV
Zone District Regulations
§ 150-24. Zoning schedules.
Regulations
and controls for permitted land uses or uses or activities requiring a special
permit or having special conditions applied thereto are set forth in Schedule I
(§ 150-26).[6]Regulations for lot size,
yards, coverage and similar bulk requirements for each zone district are set
forth in Schedule II (§ 150-27).[7] Both of said schedules and any amendments
thereto, are hereby adopted and made part of this chapter.
§ 150-25. Excluded uses or activities.
A land use
or activity that is not specifically included in Schedule I is not permitted in
the Town of
§ 150-26. Schedule I: Land Uses or Activities.
See Schedule
I included at the end of this chapter. Adult Entertainment District: see
Chapter 105, of the Code of the Town of Ontario.
§ 150-27. Schedule II: Area and Bulk Regulations.
See Schedule
II, included at the end of this chapter.
§ 150-28. (Reserved)
ARTICLE V
Planned Unit Development
§ 150-29. Purpose, objectives and permitted uses.
A. Purpose. The purpose of a planned unit
development (PUD) shall be:
(1) To encourage flexibility in the design
and development of land in order to promote its most appropriate use;
(2) To achieve economies in the construction
of an adequate and efficient road and utility system;
(3) To facilitate the provision of usable
open space;
(4) To preserve the natural and scenic
qualities of the environment; and
(5) To substitute an approved development
plan for conventional zoning regulations as the basis for continuing land use
and development controls for the PUD area.
B. Objectives. The objectives of a PUD are
as follows:
(1) The unified development of a substantial
land area with such combination of structures and uses as shall be appropriate
to an integrated plan for the area.
(2) A maximum choice in the types of
housing, occupancy tenure (e.g., individual ownership, cooperatives,
condominiums or leasing), lot size and community facilities available to
existing and potential Town residents at a range of economic levels.
(3) The preservation of trees, drainageways,
outstanding natural features and the minimizing of soil erosion.
(4) A creative use of land and related
physical development which allows an orderly transition of land from more-intensive
to less-intensive uses.
(5) More usable recreation space and open
areas.
(6) An efficient use of land resulting in
smaller networks of utilities and roads, thereby lowering housing and community
costs.
(7) A development pattern in harmony with
the long-range objectives of the Town Master Plan.
(8) A more desirable environment than would
be possible through the strict application of traditional regulations of this
chapter.
C. Permitted land uses. Any land use or
activity listed in Schedule I[8] of this chapter as being permitted by right
(P), with special conditions (SC) or by special permit (SP) for either the R,
SR,
§ 150-30. Basic regulations.
In a PUD
area, the following design regulations and criteria shall apply:
A. The proposed project area shall
encompass a contiguous land area of 50 acres under single or corporate
ownership or, if less than 50 acres, of sufficient acreage to constitute a
large planning unit having special attributes for integrated development.
B. A minimum of 15% of the gross site area
of the PUD shall be devoted to common open space.
C. The number of dwelling units in a PUD
shall be no more than the maximum number of units permitted by conventional
zoning regulations for the district into which the Planning Board determines
the particular use would fall according to its character, extent and location.
In calculating the maximum dwelling units permitted, only the gross area of the
PUD actually proposed for residential development and common open space shall
be used.
D. Up to 15% of the gross land area of a
proposed PUD may be used for nonresidential purposes, including the parking and
service areas that may be required by any proposed nonresidential uses.
§ 150-31. Procedure.
A. Application. An applicant wishing
approval for a PUD must submit 13 copies of a preliminary proposal to the Town
Planning Board. The preliminary proposal shall explain and show the following
information:
(1) Location and extent of all proposed land
use, including open space.
(2) All interior streets, roads, easements
and their planned public or private ownership, as well as all points of ingress
and egress from existing public rights-of-way.
(3) Specific delineation of all uses
indicating the number of residential units and the number of each residential
housing type, as well as the overall project density.
(4) The overall water and sanitary sewer
system with proposed points of attachment to existing systems, the proposed
stormwater drainage system and its relation to existing systems, evidence of
preliminary discussion with the New York State Department of Health of the
proposed sewer and water system or their recommended modifications.
(5) Description of the manner in which any
area that are not to become publicly owned are to be maintained, including open
space, streets, lighting and others, according to the proposals.
(6) If the development is to be phased, a
description and graphic representation of the phasing of the entire proposal in
terms of length of time, type and number of units or activities completed per
phase.
(7) Evidence, as required by the Planning
Board, of the applicant's ability to complete the proposed PUD.
(8) A description of any covenants, grants
of easement or other restriction proposed to be imposed upon the use of the
land, buildings or structures, including proposed easements for public
utilities.
(9) A written statement by the landowner
setting forth the reasons why, in his opinion, the proposal would be in the
public interest and would be consistent with the town goals and objectives for
a PUD.
(10) A long-form environmental assessment of
the proposed project.
B. Developer's conference. Within 45 days
after the date of submission of a preliminary proposal, the Planning Board will
schedule one or more conferences with the applicant to review the proposed PUD.
If said project appears to be generally in accordance with the objectives and
guidelines of this Article V, the Planning Board and applicant shall jointly
consider the conditions and specifications under which the proposal may be
approved. After such conferences, if the applicant wishes to proceed with the PUD,
a written statement of intent to comply with the conditions and specifications
must be submitted to the Planning Board by the applicant.
C. Action on the preliminary proposal.
(1) The
Planning Board shall review the preliminary proposal plan and its related
documents and shall render either a favorable report or an unfavorable report.
The report of the Planning Board shall be provided to the Town Board and to the
applicant.
(2) A favorable report shall be based on the
following findings, which shall be included as part of the report:
(a) The
proposal conforms to the Comprehensive Plan.
(b) The
proposal meets the intent and objectives of a planned unit development as
expressed in § 150-29
(c) The
proposal meets all the general requirements of §150-30.
(d) The
proposal is conceptually sound in that it meets local and area-wide needs, and
it conforms to accepted design principles in the proposed functional roadway
and pedestrian system, land use configuration, open space system, drainage
system and scale of the elements both absolutely and to one another.
(e) There
are adequate services and utilities available or proposed to be made available
in the construction of the development.
(3) An unfavorable report shall state
clearly its reasons and, if appropriate, shall indicate to the applicant
potential modifications that might result in a favorable report.
(4) The Chairman of the Planning Board shall
certify when all necessary application material have been presented; and the
Planning Board shall submit its report within 62 days of such certification. If
no report has been rendered after 62 days, the applicant may proceed as if a
favorable report were given to the Town Board.
D. Factors for consideration. The Planning
Board' s review of a preliminary proposal shall include but is not limited to
the following considerations:
(1) Adequacy and arrangement of vehicular
traffic access and circulation, including intersections, road widths and
traffic controls.
(2) Adequacy and arrangement of pedestrian
traffic access and circulation, including separation of pedestrian from
vehicular traffic.
(3) Location, arrangement, appearance and
sufficiency of off-street parking and loading.
(4) Location, arrangement, size and design
of buildings, lighting and signs.
(5) Adequacy, type and arrangement of trees,
shrubs and other landscaping constituting visual and/or noise-deterring buffer
between adjacent uses and adjoining lands.
(6) The adequacy of usable open space for
playgrounds and informal recreation.
(7) Adequacy
of the stormwater system and required public services, existing and proposed.
(8) Adequacy of structures, roadways and
landscaping in areas with moderate to high susceptibility to flooding and
ponding and/or erosion.
(9) Protection of adjacent properties
against noise, glare, unsightliness or other objectionable features.
(10) A project consistent with an appropriate
development of adjacent areas and not unreasonably detrimental to the existing
structures and uses in such areas.
(11) Conformance with other specific conditions
of the Planning Board which may have been required in the Board's examination
of the preliminary proposal and agreed to in the developer's statement of
intent.
E. Application for PUD districting.
(1) Upon receipt of a favorable report from
the Planning Board, or upon receipt from the applicant of application for PUD
districting notwithstanding receipt of an unfavorable report, submitted by the
applicant to the Town Clerk within 10 days of receipt of an unfavorable report,
the Town Board shall set a date for and conduct a public hearing for the
purpose of considering a PUD District for the applicant's plan. Said public
hearing shall be conducted within 62 days of receipt of the favorable report or
the applicant’s application for PUD districting notwithstanding an unfavorable
report.
(2) The Town Board shall refer the
application to the Wayne County Planning Department for its review and
recommendations pursuant to the provisions of § 239-m of the General Municipal
Law.
(3) Within 45 days after the public hearing,
the Town Board shall render its decision on the application, which such
decision shall take into consideration the report of the Planning Board and
shall be based on the factors set forth in
§150-31D.
F. Certificate of occupancy. Upon
completion of a PUD or any stage of it, a certificate of occupancy shall be
obtained in accordance with § 150-66 of this chapter.
§ 150-32. Changes in final plan.
No changes
may be made in the approved final plan during the construction of the planned
development except by application under the procedures set forth below:
A. Minor changes in the location, size and
height of buildings, width and depth of lots, road alignment or stormwater
drainage provisions may be approved by the zoning officer if required by
engineering or other circumstances not foreseen at the time the final plan was
approved. No change authorized by this section may increase the size or square
footage of any building by more than 10%.
B. Any changes in land use, any
rearrangement of lots, blocks or buildings tracts, any changes in the provision
of common open space and any other significant change in the final development
plan must be approved by the Town Board in the same manner and following the
same procedures as were applied to the original development plan.
§ 150-33. Subdivision in planned unit development.
If any part
of the proposed PUD involves the subdivision of land into smaller parcels for
sale to individual owners, including townhouse development, the site plan
review and public hearing required for the PUD shall suffice for the Planning
Board review and hearing required by town subdivision regulations. In such
event, the developer shall prepare a subdivision plat suitable for filing with
the Wayne County Clerk. (See Town of Ontario subdivision regulations on file in
the Town offices.)
§ 150-34. (Reserved).
ARTICLE VI
Site Review Uses
§ 150-35. Intent.
The intent
of this article is to provide for the review of site plans for certain land use
activities in the Town of Ontario for the purpose of preserving and enhancing
the character of a neighborhood, achieving compatibility with adjacent
development, mitigating potentially negative impacts on traffic, parking,
drainage and similar environmental concerns, improving the overall visual and
aesthetic quality of the Town and increasing the capability of this zoning
chapter to adapt to a variety of unique circumstances.
§ 150-36. Applicability.
Any land use
or activity requiring site plan review and approval by the Town Planning Board,
as specified in Schedule I[9] of this chapter, shall comply with the
provisions of this Article VI. No building or use permit shall be issued by the
Code Enforcement Officer until approval of such site plan, with or without
conditions, has been given by the Planning Board.
§ 150-37. Objectives of site plan review.
In reviewing
an application for site plan approval, the Planning Board must find that the
application meets the following criteria:
A. A harmonious relationship between such
land use activity and uses located on adjacent lots and in adjacent zoning
districts.
B. The safety of vehicular access and
egress from the site to existing and proposed roads.
C. The effectiveness of on-site circulation
and parking facilities with particular attention to pedestrian and vehicular
safety.
D. The adequacy of landscaping and setbacks
as a way of mitigating adverse environmental impacts and achieving
compatibility with adjacent property.
E. An adequate solution to the question of
surface water drainage and the provision of water and sewer services.
F. Compliance with rules and regulations
of subdivision and any special requirements unique to a particular site or land
use, as those might be specified by the Planning Board or listed in Articles
VII and VIII of this chapter.
§ 150-38. Procedure.
A. Presubmission conference. Prior to the
preparation of a site plan for presentation to the Planning Board in its final
form, the applicant may prepare a sketch plan and meet informally with a
member(s) of the Board or designee to consider the specifics of the proposed
use or development, the character of the neighborhood, special features of the
site and any environmental concerns. Such sketch plan should be submitted five
calendar days prior to a Planning Board meeting, with sufficient information to
enable a clear understanding of the proposal.
B. Final site plan.
(1) A final site plan shall be submitted to
the Planning Board at least 21 calendar days if the plan has county
implications prior to the meeting at which consideration of such plan is to be
given. The plan shall contain the following information, as applicable:
(a) Location, name and address of the owner;
name of the plan designer and engineer (if any) working on the proposed
project.
(b) Identification map showing the location
of the site in the Town of Ontario and relationship to the existing road
system.
(c) Scale, North arrow and date and present
zoning and setback requirements.
(d) Identification of property owners and
existing land uses for all abutting sites and showing existing property lines,
rights-of-way and easements.
(e) Existing and proposed buildings,
including the approximate location of parking on and access to the proposed
site and to abutting properties. Common drives on property lines are
encouraged.
(f) The location of all wetlands and land
located in the one-hundred-year floodplain.
(g) Indication of existing and proposed
topography and drainage systems for the site. When this is a consideration due
to topography or low land, a topographic survey and drainage plan may be
required by the Planning Board before action is taken.
(h) Any engineering drawings or
documentation that may be required for utility hookups, septic tank
installations or public improvements.
(i) Landscaping.
[1] In Business Transitional (BT), Business
(B), Industrial (I), Public Utility and Adult Entertainment (AE) Districts
existing major vegetation (trees and shrubs) and indication of proposed
landscaping treatment, including species, sizes and approximate locations.
[2] In Business Transitional (BT), Business
(B), Urban Residential (UR) on Route 104, Industrial (I), PUD, Public Utility
and Adult Entertainment (AE) Districts, a
green space shall be required that shall begin at the road right-of-way
property line and run parallel to it, excluding the exit and entry only. Such
green space shall be of a reasonable width so as to provide suitable screening
and enhance the overall quality of the site. There shall be no displays within
the green space, and it shall be maintained. One freestanding sign with menus
is permitted within the green spaceBehind the front setback, there shall be no
cutting of existing trees over six inches in diameter within 10 feet of
property lines. If such cutting is necessary such tree will be replaced.
(j) Drawings or sketches that illustrate
the height, bulk and design characteristics of any proposed buildings in B, BT,
I, PUD, Public Utility and Adult Entertainment Districts shall indicate
exterior color and primary materials to be used, for information purposes only.
(k) Narrative description of how the
proposed building, land use or site design will fit into the surrounding
neighborhood.
(l) Sketches indicating the location, size
and design of any sign or site lighting to be used on the proposed site.
(m) Any other information that may be
reasonably required by the Planning Board to explain the proposal.
(2) Any of the above final plat requirements
may be waived or modified by the Planning Board when conditions warrant.
Documentation of such waivers shall be included, in writing, in the records of
the application.
C. Planning Board review. The Planning
Board shall review the application, in accordance with the procedures required
by New York State Town Law provisions, to determine compliance of the plans
with the requirements set forth in this § 150-38.
D. Standards for approval of site plans.
(1) In reviewing applications for approval
of site plans, the Planning Board will be guided by the existing
characteristics and conditions of the site and its surroundings and the
particular requirements of the applicant. Elements of concern will include but
not be limited to the following:
(a) Movement of vehicles and people.
(b) Public safety and the adequacy of public
utilities services needed at the site.
(c) Off-street parking and the access and
egress thereto, including the adequacy of existing roads to serve the proposed
project.
(d) Lot size, density, setbacks, building
size, coverage and height. (See § 150-27, Schedule II[10]).
(e) Site drainage, landscaping, buffering,
views or visual character.
(f) Signs and site lighting.
(g) Architectural features, materials and
colors.
(h) Compatibility with the general character
of the neighborhood.
(i) Other considerations that may
reasonably be related to health, safety and general welfare.
(2) Other performance standards may be
established by the Planning Board from time to time to be used as guidelines in
the site plan review process. Such standards will be applicable to all
applications for site plan review.
E. Environmental assessment. If, in the
judgment of the Planning Board, approval of a proposed land use activity over
which it has jurisdiction for site plan approval could have a significant
environmental impact, no final approval shall be given until the environmental
requirements set forth in Part 617 of the State Environmental Quality Review
Act have been complied with.
§ 150-39. (Reserved)
ARTICLE VII
Supplementary Regulations
Governing Special
Conditions and Special
Permits
§ 150-40. Intent.
This Article
VII sets forth supplemental regulations, procedures and conditions which shall
apply to certain land use activities in the Town of Ontario that are
incongruous or sufficiently different in terms of their nature, location and
potential effect on the surrounding environment and the quality of the
environment and that warrant special evaluation of each individual case.
§ 150-41. Applicability.
No building
or use permit shall be issued by the Code Enforcement Officer for any land use
or activity listed in Schedule I as having special conditions applicable (SC)
or requiring a special permit (SP) until the Code Enforcement Officer is
satisfied that applicable regulations, as set forth in this article, have been
complied with or that a modification of such regulations has been duly made.
§ 150-42. Special conditions.
The Code
Enforcement Officer shall issue a building or use permit for the following uses
only when satisfied that applicable special conditions, as set forth in this §
150-42, have been complied with, in addition to all other applicable regulations
of this chapter and the Code of the Town of Ontario:
A. Farm in all districts.
(1) No odor- or dust-producing uses,
including the storage of manure, shall take place within 150 feet from the
nearest lot line, except that it is permissible to store and use, within the
above limits, dust or spray material necessary to protect fruits, vegetables
and farm crops from disease and insects.
(2) No hogs or chickens of any kind shall be
kept except as an incidental part of a general farm operation.
(3) Fowl of any kind or livestock, including
horses, shall only be kept on parcels of five acres or more in area or in a
building, no part of which is closer to any property line than 150 feet.
(4) No garbage or refuse, other than that
produced on the premises, is used for feed.
(5) In the Rural District only, with more
than five acres, the sale of farm products produced on owner's property and
related seasonal products is permitted.
B.
Farm market. Farm markets, as defined in § 150-5 of this
chapter, are permitted in all Districts, except Industrial (I), provided the
property and the farm market operations comply with the following requirements:
(1)
(1) Any such
farm market shall be located on a single tax parcel containing not less than
five acres.
(2) The maximum
building area devoted to farm market retail sales shall not exceed 10,000
square feet. Accessory growing structures are permitted, provided that all
structures maintain a fifty-foot setback from all property lines
(3) Farm market
operations may be conducted 12 months per year.
(4) Outside
storage and display of produce and plant materials is permitted on all portions
of the property, with the exception of areas where traffic sight distance will
be impacted. No outside storage and/or
display of materials is permitted within a public right-of-way.
(5) Outside
storage and display shall be not less than 50 feet from all property
lines. The total square footage of all
storage and display areas shall not exceed 25% of the square footage of the
principal farm market structure.
C. Permanent roadside stand in all
districts. Permanent roadside stands shall be permitted when:
(1) Such stand sells only those products
grown on the owner's property.
(2) Such stand is set back from the highway
right-of-way line at least 10 feet.
D. Riding academy, public and private
stable in R1 or R2 District. The following conditions apply:
(1) Any building or structure used for the
lodging or feeding of animals must be located at least 150 feet from any side
and rear property line or from any highway right-of-way line.
(2) A private stable or riding academy or
public stable must comply with applicable provision of § 150-42A of this
chapter.
E. Multiple dwelling (three units) in BT
and UR Districts. Adequate off-street parking must be provided. (See §
150-47A.)
F. Multiple dwelling (four or more units)
in UR, B and BT Districts.
(1) A site plan has been approved by the
Planning Board in accordance with the subdivision regulations of the Town of
Ontario.
(2) Required off-street parking must be
provided. (See § 150-47A.)
(3) Where there are two or more structures
containing multiple dwellings on the same lot, there shall be provided a
distance between structures which shall not be less than 1 1/2 times the
average height of the adjoining structures.
(4) All parking areas shall be landscaped
and screened.
G. Dwelling, townhouse or rowhouse, in UR,
B and BT Districts. The following conditions apply:
(1) A site plan has been approved by the
Planning Board in accordance with the subdivision regulations of the Town of
Ontario.
(2) No more than six such attached dwellings
shall be included in any single building.
(3) All parking areas shall be landscaped
and screened. (See § 150-47A.)
(4) A dumpster must be provided for
residential trash generated on site, which shall be landscaped and screened
from public view.
H. Dwelling, mobile home, in R1, R2, SR and
UR and BT Districts. The following conditions apply:
(1) Such mobile home must be located in a
mobile home park, as defined and regulated in this chapter. (See § 150-51.)
(2) The Code Enforcement Officer may issue a
temporary permit for not more than one mobile home, not located in a mobile
home park, to the owner of property who first procures a permit to build upon
such property and desires to live in said mobile home during the construction
period. Such temporary permit may be revoked on 10 days' notice to the owner of
the property and may be revoked by the Inspector if construction of the
building for which the temporary permit has been issued does not commence
within three months’ time or is terminated. Such mobile home shall be
immediately removed from the construction site following the revocation of the
temporary permit or issuance of a permanent certificate of occupancy.
I. Mobile home park in
(1) Such mobile home park is an extension of
or an improvement to an existing mobile home park.
(2) Such mobile home parks comply with the
provisions of § 150-51 of this chapter.
(3) A site plan has been approved by the
Planning Board in accordance with the subdivision regulations of the Town of
Ontario.
J. Dwelling, accessory, in R1, R2, SR,
UR, B and BT Districts. Accessory dwellings shall be permitted when such use is
in compliance with the definition of accessory dwellings as set forth in §
150-5 of this chapter.
K. Conversion of existing building into not
more than three dwelling units in SR,
(1) A site plan has been approved by the
Planning Board in accordance with the subdivision regulations of the Town of
Ontario.
(2) The area of the lot is at least 70% of
the minimum lot area that would be required for new construction of the
equivalent number of dwelling units, unless otherwise approved as part of site
plan approval.
(3) The minimum side yard requirements for
the district can be met.
(4) Parking requirements can be met, and no
parking space shall be located closer than five feet to any side lot line.
(5) Such conversion meets applicable
regulations of the New York State Uniform Fire Prevention and Building Code.
L. State-regulated community residence in
R1, R2, SR, B and BT and UR Districts. State-regulated community residences
shall be permitted in accordance with § 41.34 of the Mental Hygiene Law with
site plan and subdivision review in accordance with regulations of the Town of
Ontario.
M. Adult residential-care facilities in R1,
R2, SR, UR, B and BT Districts. Adult residential-care facilities shall be
permitted when a site plan has been approved by the Planning Board in
accordance with the subdivision regulations of the Town of Ontario.
N. Day-care facility or nursery school in
R1, R2, SR, B and BT Districts (special permit: R1, R2, SR and UR; special
conditions: B and BT). Day-care facilities and nursery schools shall be
permitted when applicable state and local codes have been met.
O. Public or parochial school in R1, R2,
SR, UR, B and BT Districts. The following conditions shall apply:
(1) A site plan has been approved by the
Planning Board in accordance with the subdivision regulations of the Town of
Ontario.
(2) A landscaped buffer area is provided
between any playground and an abutting lot.
(3) No more than 50% of the lot shall be
covered by buildings and pavement. Areas not so covered shall be improved with
grass, ground cover, shrubs and trees.
P. Public park or playground in all
districts; library, fire station and other municipal buildings in all
districts. Parks and playgrounds and municipal buildings shall be permitted
when a site plan has been approved by the Planning Board in accordance with the
subdivision regulations of the Town of Ontario. The Town Board, by majority
vote, may override any condition set by the Planning Board.
Q. Home occupation in all districts. The
following conditions apply:
(1) Such use is located in an owner-occupied
dwelling unit and on the same lot. No more than 35% of such dwelling may be so
used for above occupation.
(2) Such use is conducted by persons living
in the dwelling unit and not more than one additional person who does not live
in such unit.
(3) All activity, including storage, is
conducted entirely within the dwelling unit or accessory building, and no
special construction or structural alteration is required.
(4) The use shall not display or create
outside the building any evidence of the home occupation, except that one
nonilluminated sign not more than three square feet may be posted.
(5) No offensive traffic, noise, odor,
smoke, dust, heat, glare or electrical disturbance shall be produced by the
home occupation.
R. Private swimming pool in R1, R2, SR,
UR, B and BT. Private swimming pools shall be permitted only when in compliance
with all applicable Town regulations.
S. Retail store, bank or business office,
or indoor theater or indoor recreation facility in B and BT Districts. The
following conditions apply:
(1) A site plan has been approved by the
Planning Board of the Town of Ontario.
(2) Access drives to parking lots shall be a
minimum of 18 feet in width for one-way traffic, a minimum of 24 feet in width
for two-way traffic and a maximum of 30 feet in width and must be well defined
by curbs or landscaping. Common drives on property are encouraged.
T. Restaurant (except drive-in), hotel or
motel in B and BT Districts. The following conditions apply:
(1) A site plan has been approved by the
Planning Board in accordance with the subdivision regulations of the Town of
Ontario.
(2) Any outdoor dining or service must be
located so as not to obstruct sidewalks or other public property.
U. Professional office in R1, R2, SR and UR
Districts. Professional offices shall be permitted when such uses comply with
the provisions of § 150-42S(1) of this chapter.
V. Pet shop, veterinary establishment or
drive-in restaurants (outdoor) in R-1, R-2, B and BT Districts. Pet shops,
veterinary establishments and drive-in restaurants (outdoor) shall be permitted
when a site plan has been approved by the Planning Board in accordance with the
subdivision regulations of the Town of Ontario.
W. Storage structure (ministorage) in B, BT
and I Districts. Storage structures shall be permitted when:
(1) A site plan has been approved by the
Planning Board in accordance with the subdivision regulations of the Town of
Ontario.
(2) Access drives to parking and storage
areas shall be a minimum of 18 feet in width for one-way traffic, a minimum of
24 feet in width for two-way traffic and a maximum of 30 feet in width and must
be well defined by curbs or landscaping.
(3) No more than 50% of any required front
yard area shall be paved. Any unpaved area on the site shall be improved with
trees, shrubs, ground cover and other form of landscaping.
X. Outdoor facility for retail sale of
boats, trailers, furniture and similar goods; or indoor or outdoor sale of
building material and supplies in BT and I Districts. Sales facilities shall be
permitted when the provisions of § 150-42AA are complied with.
Y. Convenience mart in B, BT and I
Districts; motor vehicle service station in B, BT and I Districts; and
commercial garage in B, BT and I Districts; or car washing establishment in B,
BT and I Districts. The following conditions apply:
(1) A site plan has been approved by the
Planning Board in accordance with the subdivision regulations of the Town of
Ontario.
(2) No access or egress driveway shall have
its center line located less than 50 feet from the intersection of any two
street right-of-way lines.
(3) Access drives shall be a minimum of 18
feet in width for one-way traffic, a minimum of 24 feet in width for two-way
traffic and a maximum of 30 feet in width and must be well defined by curbs or
landscaping.
(4) Any stored liquid fuel, oil or similar
substance shall be stored in compliance with state and federal regulations.
(5) No major repair work is conducted
outside of a structure and all automobile parts, dismantled vehicles and similar
articles are stored inside a structure.
(6) Landscaping shall be provided adjacent
to all public streets.
Z. Plant nursery or greenhouse; or lawn
garden supply sales and service in B, BT and I Districts. Plant nurseries,
greenhouses and lawn garden supply sales and service shall be permitted when
the provisions of § 150-43(F)(11)have been met.
AA. New and used automobile sales, service or
repair in BT District and Motor Vehicle Service Stations in B, BT and I
Districts. The following conditions apply:
(1) A site plan has been approved by the
Planning Board in accordance with the subdivision regulations of the Town of
Ontario.
(2) Access drives shall be a minimum of 18
feet in width for one-way traffic, a minimum of 24 feet in width for two-way
traffic and a maximum of 30 feet in width and must be well defined by curbs or
landscaping.
(3) Outdoor lighting shall be located and
designed so as not to produce glare on adjacent streets and properties.
(4) Landscaping shall be provided adjacent
to all public streets.
BB. Truck and motor freight terminal in I
District. Truck and motor freight terminals shall be permitted when a site plan
has been approved by the subdivision regulations of the Town of Ontario.
CC. Excavation or placement of sand, gravel,
earth, stone, rubble and other material in all districts. Excavation and
placement of materials shall be permitted when a permit for such activity has
been approved by the Town Board in compliance with Chapter 75 of the Code of
the Town of Ontario.
DD. Public utility substation in allDistricts.
The following conditions apply:
(1) A site plan has been approved by the
Planning Board in accordance with the subdivision regulations of the Town of
Ontario.
EE. Municipal storage or repair yard in BT
and I Districts. Municipal storage and repair yards shall be permitted when a
site plan has been approved by the subdivision regulations of the Town of
Ontario.
FF. Signs in all districts. Signs shall be
permitted in accordance with the provisions of § 150-48 of this chapter.
GG. Off-street parking lot in B, BT and I
Districts. The following conditions shall apply:
(1) A site plan has been approved by the
Planning Board in accordance with the subdivision regulations of the Town of
Ontario.
(2) Access drives shall be a minimum of 18
feet in width for one-way traffic, a minimum of 24 feet in width for two-way
traffic and a maximum of 30 feet in width and must be well defined by curbs or
landscaping.
(3) A landscaped buffer strip shall be
provided between such use and any adjacent residential lot.
HH. Newspaper vending machines in all
districts. The following conditions shall apply:
(1) Such machine shall not be attached or
secured in any way to any pipe, pole, tree or standard owned or controlled by
the state, county or Town.
(2) The location of such machine shall be no
less than 25 feet from the intersection of two curblines or edge-of-pavement
lines.
(3) The location of such machine shall not
reduce the unobstructed width of any sidewalk to less than 40 inches.
II. Private boat, recreational vehicle,
travel or camp trailer in all Districts. The following conditions shall apply:
(1) No such boat, trailer or similar
recreational equipment or recreational vehicle shall be parked or stored
out-of-doors on a lot upon which a principal building does not exist, unless
such a vehicle is stored in excess of 200 feet from the front property line.
(2) All boats, boat trailers, recreational
trailers and recreational vehicles shall be parked or stored in a secure manner
so as to avoid being a safety hazard.
(3) Visiting trailers at private residences
in an R-1 and R-2 Districts may obtain a permit to remain for a period of six
months, as long as it sets behind the front line of the house, does not
encroach upon the side yard setback and it does not create a detriment to the
health, safety or welfare of the neighborhood or community. Visiting trailers
at private residences in SR and UR Districts may obtain a permit for 90 days
per year. The Code Enforcement Officer shall check on those conditions at least
once every 90 days. These trailers are to be used for sleeping purposes only.
§ 150-43. Special permits.
Uses
requiring a special permit (SP) must comply with the following general
requirements and applicable special requirements as set forth in this § 150-43.
Such land use or activity is not permitted by right and may be permitted only
after a special permit application has been duly submitted and authorized in
accordance with § 150-43A of this Article VII.
A. Jurisdiction. An application for a
special permit shall be reviewed by the Code Enforcement Officer and may be
authorized as follows:
(1) By the Planning Board when site plan
approval is required as specified in this § 150-43. (See subdivision
regulations.)
(2) By the Zoning Board of Appeals for
special permit uses that do not require site plan approval by the Planning
Board.
(3) By the Town Board when so specified in
this section.
B. Expansion or change of existing uses.
No expansion of a use that required a special permit or change to a different
use that also requires a special permit shall be permitted without the issuance
of a new special permit allowing such expansion and/or change of use. Plans for
such expansion or enlargement shall be reviewed and authorized in accordance
with the applicable provisions of this § 150-43.
C. Revocation of special permit. A special permit may be
revoked if, after notice and public hearing, the Board which granted it
determines that any special permit requirements and/or conditions imposed upon
the special permit have been violated or not fulfilled.
D. Procedure.
(1) Application. An application for a
special permit shall be made to the Code Enforcement Officer who shall submit
such application to the agency of jurisdiction as specified in Subsection A
above and shall issue no permit until authorized to do so in writing. The
applicant for a special permit may be requested to furnish such plans, drawings
and other descriptive material as may be needed for complete understanding of
the proposed development or use.
(3) Public hearing. A special permit
application may not be approved until a public hearing on such application has
been held by the reviewing agency, following the public hearing procedures set
forth in § 150-69 of this chapter. Such public hearing shall be held within 62
calendar days from the receipt of an application for a special permit and
notice thereof shall be given in accordance with the provisions of § 150-69F of
this chapter.
(3) Decision.
(a) Within 62 calendar days from the public
hearing, a decision to approve, with or without modification, or to disapprove
the special permit application shall be made by the reviewing agency. Failure
to act within such sixty-two-day period shall be tantamount to approval and
shall be authorization for the Code Enforcement Officer to issue a permit.
(b) The period for making a decision may be
extended by mutual consent of the applicant and the reviewing agency. Approval
of any special permit shall be conditioned on the provision of adequate
safeguards to protect the health, safety and general welfare of the public and
to mitigate possible detrimental effects on adjacent property.
(4) Referral to County Planning Board. When
required by law, before taking final action on certain special permit
applications, such applications shall be referred to the Wayne County Planning
Board in accordance with §§ 239-l and 239-m of General Municipal Law.
(5) Environmental assessment. If, in the
judgment of the reviewing agency, approval of a special permit application
could result in a significant environmental impact, no such permit shall be
approved until an environmental finding has been made pursuant to Part 617 of
the regulations of the New York State Department of Environmental Conservation.
(6) Filing. The decision of the reviewing
agency shall thereafter be filed in the office of the Town Clerk, with a copy
submitted to the applicant and the Code Enforcement Officer.
(7) Modification. In reviewing any
application for a special permit, the reviewing agency may modify or waive the
special requirements set forth in § 150-43F of this chapter if this is deemed
appropriate and in the best interest of the town and if the spirit and intent
of the chapter can be maintained. Any decision to waive or modify any special
requirement shall be set forth in writing with the reason for such modification
or waiver being set forth by the reviewing agency.
(8) Conditions. In reviewing a special
permit application, the reviewing agency may impose conditions on the approval
if such conditions are reasonable and in the best interest of the Town of
Ontario.
E. General requirements. Before a special
permit can be approved, the reviewing agency shall determine that the following
general requirements shall be complied with as well as any other applicable
requirement for specific land uses or activities as may be set forth in §
150-43F of this chapter.
(1) The land use or activity is so designed,
located and opposed to be operated that the public health, safety, welfare and
convenience will be protected.
(2) The existence of the proposed land use
activity will not cause substantial injury to the value of other property in
the neighborhood where it is to be located.
(3) The proposed land use or activity will
be reasonably compatible with adjoining development and the implied character
of the zoning district where it is to be located.
(4) Adequate landscaping and similar
screening will be provided.
(5) Adequate off-street parking and loading
will be provided and ingress and egress are so designed as to cause minimal
interference with traffic on abutting streets.
(6) The proposed development will minimize
erosion and will not result in increased surface water runoff on abutting
properties.
(7) Existing roads and utilities serving the
proposed development shall be adequate so that provision for needed upgrading
is satisfactory.
(8) The proposed use or activity will
conform with applicable Town, county, state and federal regulations.
F. Specific requirements. In addition to
the general requirements for a special permit, as set forth above, the specific
requirements for certain land uses and activities, as set forth in this §
150-43F shall be met, unless such requirements have been modified by the
reviewing agency. [See § 150-43D(7) above.]
(1) Farm labor camp in R1 or R2 District.
(a) All structures shall be set back a
minimum of 200 feet from any road or highway.
(b) A landscaped buffer strip shall be
planted to screen any structures from an adjacent highway.
(c) Such camps and structures shall comply
with all applicable state, county and federal regulations.
(2) Kennel in R1 or R2 District. All pens
and exercise runways that are not enclosed in a building shall be located at
least 150 feet from any property line and 300 feet from any neighboring
residence.
(3) Multiple dwellings (four or more units)
in UR District.
(a) Site plan approval by the Planning Board
in accordance with the subdivision regulations of the Town of Ontario shall be
required.
(b) A landscaping and drainage plan shall be
approved by the Planning Board.
(c) No more than 50% of any required front
yard area shall be paved. All unpaved areas on the site shall be improved with
trees, shrubs, ground cover and other forms of landscaping.
(d) In the case of two or more structures or
buildings on the same lot containing multiple dwellings, there shall be
provided a distance between structures or buildings which shall not be less
than 1 1/2 times the average height of the adjoining structures.
(4) Church and related use in R1, R2, SR,
UR, B and BT Districts.
(a) Site plan approval by the Planning Board
in accordance with the subdivision regulations of the Town of Ontario shall be
required.
(b) Such project shall be sponsored by an
organization legally established and registered in the State of New York.
(c) Landscaping shall be provided around
parking lots and adjacent to all public streets.
(d) It must be used as a church facility for
religious purposes more than 70% of the time.
(5) Hospital and nursing home in R1, R2, SR,
UR, B and BT Districts.
(a) Requires site plan approval by the
Planning Board in accordance with the subdivision regulations of the Town of
Ontario.
(b) No more than 50% of the gross lot area
shall be covered with impermeable surfaces, including buildings and pavement.
(c) No more than 50% of any required front
yard shall be paved.
(d) Landscaping shall be provided around
parking lots and adjacent to all public streets.
(6) Planned unit development in all
Districts. It must comply with the provisions of Article V, § 150-29C et seq.,
of the Code of the Town of Ontario.
(7) Tourist home, boardinghouse or rooming
house in R1, R2, SR, UR, B and BT Districts.
(a) Any dwelling so used shall be occupied
by its owner and shall contain no more than six rooms to rent or lease for profit.
(b) No
more than 50% of any required front yard area shall be paved or used for
parking.
(c) One sign advertising such use shall be
permitted, six square feet in area, and, if illuminated, shall not be flashing.
(8) Bed-and-breakfast facility in R1, R2,
SR, UR, B and BT Districts.
(a) Site plan approval by the Planning Board
in accordance with subdivision regulations of the Town of Ontario shall be
required.
(b) Any dwelling so used shall be occupied
by its owner and shall contain no more than six rooms to let for profit.
(c) One sign advertising such use shall be
permitted, six square feet in area, and, if illuminated, shall not be flashing.
(9) Veterinary establishment in R1, R2, BT
and B Districts.
(a) Site plan approval by the Planning Board
in accordance with the subdivision regulations of the Town of Ontario shall be
required.
(b) There shall be no outdoor storage of
refuse, feed or other material and no on-site incineration of refuse.
(c) A landscaped buffer strip shall be
provided along side and rear property lines that are adjacent to any
residential lot.
(10) Car washing establishments, motor vehicle
service station and commercial garage in B
District.
(a) Site plan approval by the Planning Board
in accordance with the subdivision regulations of the Town of Ontario shall be
required.
(b) Any access driveway must have its center
line located at least 50 feet from the intersection of any two street
right-of-way lines.
(c) Access drives shall be a minimum of 18
feet in width for one-way traffic, a minimum of 24 feet in width for two-way
traffic and a maximum of 30 feet in width and must be well defined by curbs or
landscaping.
(d) Landscaping shall be provided adjacent
to all public streets.
(11) Plant nursery/greenhouse; lawn/garden
supply sales and service.
(a) Site plan approval by the Planning Board
in accordance with the subdivision regulations of the Town of Ontario shall be
required.
(b) All greenhouses, wherever located, in
whichever district, shall require a special permit.
(12) Food-processing facility in BT and I
Districts; planned industrial research park; scientific or research laboratory
in BT and I Districts; fabrication or storage of metal, paper or wood products;
and general processing, assembly or packaging of previously prepared materials;
light manufacturing in BT and I Districts.
(a) Site plan approval by the Planning Board
in accordance with the subdivision regulations of the Town of Ontario shall be
required.
(b) Compliance with the following
performance standards shall be required:
[1] Dust, smoke, smog, observable gas,
fumes, odors or other atmospheric pollutants shall be limited and such emission
shall be in conformity with all government rules and regulations.
[2] Noise, glare or vibration shall not be
created.
[3] No activity shall create a physical
hazard by reason of fire, explosion or radiation to persons or property.
[4] There shall be no discharge of any
liquid or solid waste into any stream or body of water or into any disposal
system that may contaminate any water supply or groundwater.
[5] All industrial processes shall take
place within an enclosed building. Incidental storage of materials out-of-doors
is permitted.
[6] The discharge of radioactive gases or
liquid effluents shall be maintained within the limits specified by the New
York State Department of Health and by the United States Atomic Energy
Commission. Evidence of such compliance shall be provided to the Town Health
Officer upon request.
[7] There shall be no storage of material,
either indoors or outdoors, which results in the breeding of vermin or
endangers health in any way.
[8] All such uses shall be set back from any
side or rear property line a distance adequate to enable access by
fire-fighting equipment.
[9] A planted and maintained buffer strip
shall be provided for a visual screen between the industrial use and abutting
residential or business districts.
[10] All applicable requirements of the New
York State Uniform Fire Prevention and Building Code shall apply and are
incorporated herein.
(13) Power-distribution facility in Public Utility District. (Reference § 150-6.)
(a) Site plan approval by the Planning Board
in accordance with the subdivision regulations of the Town of Ontario and
approval by the Town Board shall be required. Approval by the Town Board must
be obtained after Planning Board recommendation has been received.
(14) Vehicle body shop in BT District. Areas
used for the temporary parking of vehicles awaiting repair shall be at least 15
feet from any property line and shall be screened from direct public view by
landscaping or a solid fence as approved by the reviewing agency.
(15) Satellite dish, short-wave antenna, ham
radio tower, windmill and television and radio antenna in all districts.]
(a) Receivers shall not be located in any
front or side yard area unless no other location is technically or physically
feasible.
(b) Satellite dish receivers shall not be
mounted on the roof of any building or vehicle except if the receiver is 36
inches or less in diameter.
(16) Installation of alternative domestic
supply and windmills in a rural district. No energy device that is not an
integral part of the dwelling shall be located in any front yard area,
excluding solar-powered lights.
(17) Campgrounds in R1 and R2 Districts.
Campgrounds must be a minimum of five acres, except nudist campgrounds must be
a minimum of 50 acres.
§§ 150-44 through 150-46. (Reserved)
ARTICLE VIII
Special Provisions
Applicable in All Districts
§ 150-47. Off-street parking.
A. Off-street parking requirements. For
each structure and/or use hereafter
established, constructed, reconstructed or enlarged, reasonable and
adequate parking shall be provided and maintained on the same lot as the
structure and/or use. Parking spaces shall be a minimum of nine feet in width
by 18 feet in depth.
B. Bus parking. School or church buses
shall not be parked overnight on residential property except for duly employed
bus drivers unless approval to do so has been granted by the Zoning Board of
Appeals.
C. Outside storage of unregistered vehicles
in R1, R2, SR and UR Districts. Except for farm vehicles, no more than one
vehicle per parcel shall be stored on a single property without the current
State of New York registration tag.
§ 150-48. Signs.
A. General regulations. The following
regulations shall apply to all signs:
(1) No facade sign shall be erected or
maintained a distance of more than six inches from the front or face of a
building.
(2) No freestanding sign in any district
shall be located nearer than 10 feet to a property line, a street line or a
right-of-way.
(3) Except as set forth in § 150-48E,
building permits shall be required for all signs larger than two square feet in
area.
(4) Advertising display upon any structure
shall be regarded as a sign subject to this regulation. This shall not apply to
signs placed in windows.
(5) No sign illumination, either internal or
external, shall be erected or used so that light will directly reflect toward
residences on adjoining lots, toward residential districts within 1,000 feet or
toward a highway so as to create a traffic hazard.
(6) Accessory advertising devices.
(a) All accessory advertising devices of
commercial enterprises other than signs permitted by these regulations, such as
but not limited to bunting, pennants, pinwheels or streamers, are prohibited on
a permanent basis. For temporary use, a permit is required for such accessory
advertising devices. They shall not be erected prior to 30 days before such an
event and shall be removed within seven days of the end of the event. This
shall include large searchlights used for advertising purposes. No sign shall
be flashing, revolving, animated or otherwise in motion.
(b) New businesses may be permitted by
permit for accessory advertising devices for a period not to exceed 30 days.
These devices shall be compatible with the neighborhood and approved by the
Code Enforcement Officer.
(7) No sign shall obstruct any fire escape,
window or other opening used as a means of egress for fire-fighting purposes or
for ventilation. No sign shall be placed on any sidewalk, hydrant, lamppost,
tree, utility pole, fence or on other public property except as permitted by
other provisions of this section. "Posted" signs shall be excepted.
(8) No structural element of a nonconforming
sign may be changed unless the resulting sign complies with the current regulations
of this regulation.
(9) Any sign existing on or after the
effective date of this regulation which no longer advertises an existing
business conducted or product sold on the premises shall be removed by the
owner of the premises upon which such sign is located after written notice as
provided herein. The Code Enforcement Officer, upon determining that any such
sign exists, shall notify the owner of the premises, in writing, to remove said
sign within 30 days from the date of such notice. Upon failure to comply with
such notice within the prescribed time, the Building Inspector is hereby
authorized to remove or cause removal of such sign and shall assess all costs
and expenses incurred in said removal against the land or building on which
such sign is located.
(10) Signs for two or more separate business
establishments on the same lot or in the same building shall require site
review approval by the Planning Board as provided in the subdivision
regulations of the Town of Ontario and the further finding that such signs are
of a design compatible in style and color with one another.
(11) Shopping centers.
(a) Shopping centers containing more than
six business establishments and having over 50,000 square feet of gross floor
area shall be permitted to have one shopping center identification sign, which
must be placed at least 15 feet from the road property line, which must be
freestanding, the area of which shall not exceed 125 square feet. Each single
establishment shall be allowed one facade sign equal to 8% of the facade, not
to exceed 125 square feet.
(b) Shopping center identification; listing
of services on the freestanding sign. Individual service signs of one foot by
four feet each, maximum, may be attached to the freestanding sign. The
lettering shall be no more than eight inches high.
(12) Signs of duly constituted governmental
bodies, including traffic or similar regulatory services, legal notices or
signs otherwise appropriate to public or quasi-public buildings are not subject
to this chapter.
(13) Signs, posters, flags, plaques or emblems
of a temporary nature or of political, civic, philanthropic, educational or
religious organizations shall be permitted. Such signs, etc., shall not be
erected prior to 30 days before such event and shall be removed within seven
days of the end of the event.
(14) Directional or identification/announcement
signs of schools, churches, service organizations or other nonprofit
enterprises shall be permitted. These signs shall not exceed 15 square feet in
area and may be freestanding or attached to the building.
(15) Signs of 16 square feet may be permitted
for subdivisions or multifamily developments for identification upon site
review of the Planning Board in accordance with the subdivision regulations of
the Town of Ontario.
(16) A single sign, not more than 16 square
feet in area, may be erected on a construction site during construction,
provided that such sign is removed within seven calendar days after completion
of such construction or provided for in a final certificate of occupancy.
Issuance of a certificate of occupancy shall be evidence of completion.
(17) Industrial parks and office complexes
shall be allowed a freestanding sign, not to exceed 20 feet in height, placed
at least 10 feet from the road property line. The sign shall be limited to 32
square feet, and an identification sign for each tenant, limited to four square
feet, may be located on the freestanding sign upon approval of the Planning
Board.
B. Rural and Residential Districts.
(1) In Rural and Residential Districts, no
sign shall be erected or used except:
(a)
A single, nonilluminated
professional sign of one face or two faces, which may not be more than two
square feet in size on each face and may be six feet in height freestanding or
eight feet in height attached to and parallel with a principal building facade.
(b)
A nonilluminated temporary sign
which may be not more than four square feet in size on each face and may be six
feet in height freestanding or eight feet in height attached to the building
for the sale or rental of the property on which it is located; and on a corner
lot, two such signs, one facing each street, provided that such signs are
removed within seven days of sale or rental.
(c) An advertising sign which may be
illuminated by white light and may be six feet in height freestanding or eight
feet in height when attached to the building and may not be more than six
square feet in area on each face for the sale of products grown on the
premises; and on a corner lot, two such signs, one facing each street.
(2) Exceptions are listed in § 150-43F(7)(c)
and (8)(c).
C. Business Districts.
(1) In Business Districts, no sign shall be
erected or used except:
(a) Facade signs. A single facade sign which
shall not exceed 8% of the area of the business portion of the building facade
facing the street, with a maximum area of 48 square feet. A sign attached to
the facade may not exceed 16 feet above finished grade and may not extend above
the building facade. Overhanging signs shall be permitted upon obtaining a
special permit therefor under § 150-43E of this regulation. These signs shall
be limited to advertising a use conducted on the premises.
(b) Freestanding sign. A freestanding sign
is permitted (same as in BT Districts). (Reference § 150-48D.) (c) A nonilluminated temporary sign not more
than 16 square feet in area, which may be freestanding or attached to the
building for the sale or rental of the property on which it is located; and on
a corner lot, two such signs, onefacing each street, provided that such signs
are removed within seven days of the sale or rental. A freestanding sign may
not exceed six feet above finished grade. A sign attached to the building may
not extend above the building facade or exceed 16 feet above the finished
grade.
(2) Exceptions are listed in § 150-43F(7)(c)
and (8)(c).
D. Business Transitional and Industrial
Districts.
(1) In Business Transitional and Industrial
Districts, no sign shall be erected or used except:
(a)
Not more than two signs, including
one freestanding sign, which may be illuminated on one face or two faces,
having a total area of not more than 12% of the area of the business portion of
the building facade facing the street, with a maximum area of 125 square feet.
A freestanding sign may have a maximum of 48 square feet of area not to exceed
20 feet above the finished grade. A sign attached to the facade shall not
extend above the facade or exceed 24 feet above finished grade. These signs
shall be limited to advertising a business use or product sold on the premises.
(b)
A nonilluminated temporary sign not
more than 24 square feet in area, which may be freestanding or attached to the
building for the sale or rental of the property on which it is located; and on
a corner lot, two such signs, one facing each street, provided that such signs
are removed within seven days of sale or rental. A freestanding sign may not
exceed six feet above finished grade. A sign attached to the building may not
extend above the building facade or exceed 16 feet above the finished grade.
(2) Exceptions are listed in § 150-43F(7)(c)
and (8)(c).
E. Signs for which a building permit is
not required:
(1) Real estate sale or rental signs as
specified in § 150-48B(2), C(1)(c) and D(2) of this chapter.
§ 150-49. Wetlands.
Notwithstanding any provisions of this chapter and particularly Schedule
I to the contrary, the use of all wetlands in the Town of Ontario, as set forth
on any wetland map that may be duly adopted by the Town Board or the Wayne
County Planning Board or the New York State Department of Environmental
Conservation pursuant to Article 24 of the State Environmental Conservation Law
or by any agency of the United States Government, shall be subject to the
provisions of this § 150-49 and any other applicable regulations of Wayne
County, New York State, the United States Government and the United States Army
Corps of Engineers.
A. Purpose. The purpose of these wetland
regulations is to preserve and protect designated wetland areas in the Town of
Ontario in order to reduce siltation and pollution in downstream water
resources, ensure the continuation of the natural flow pattern of watercourses,
reduce the potential for flooding, to retain essential breeding, nesting and
feeding grounds as well as predator-escape cover for wildlife and to protect
the public health, safety and general welfare by ensuring that wetland
resources will be maintained in their naturally functioning state.
B. Permitted uses. Within a designated
wetland the following uses are permitted, subject to the provisions of §
150-49D of this regulation and federal and New York State rules and regulations
as administered by the United States Army Corps of Engineers and New York State
Department of Environmental Conservation.
(1) Grazing and watering of livestock.
(2) Growing agricultural products.
(3) Harvesting natural products of the
wetlands.
(4) Selectively cutting timber and draining
the wetland for the purpose of growing agricultural products, except that any
structure which is not directly related to enhancement of agricultural
productivity or which involves filling the wetland shall be considered a
special use. (See § 150-49C.)
(5) Activities related to public health and
the orders and regulations of the New York State Department of Health.
(6) Development in accordance with planned
unit development provisions where wetlands are to be maintained as open space
and where the Planning Board determines that such development will not despoil
said wetland.
C. Special uses. Within a designated
wetland, the following uses are permitted by special permit, subject to any
applicable provisions of § 150-43 of this regulation and federal and New York
rules and regulations as administered by the United States Army Corps of
Engineers and New York State Department of Environmental Conservation.
(1) Any form of drainage, dredging or
excavation of the wetland except as may be provided for in § 150-49B above.
(2) Construction or reconstruction of any
structures or roads that might otherwise be permitted in the zoning district in
which the wetland is located.
(3) The driving of piles or placement of any
obstructions for any purpose.
D. Procedure. Each landowner or user who
intends to conduct a permitted use on a wetland as set forth in § 150-49B shall
obtain a permit from the State Department of Environmental Conservation or
appropriate governmental agency and shall notify the Zoning Officer of his
intention, stating the location and approximate acreage to be affected, the
intended use for such land and the methods to be employed. The Zoning Officer
shall be satisfied that the intended use is permitted. Any question of
compliance or interpretation shall be submitted to the Zoning Board of Appeals
for determination in accordance with § 150-69 of this regulation.
§ 150-50. Floodplains.
See Chapter
84 of the Code of the Town of Ontario for regulations regarding floodplains.
§ 150-51. Mobile homes and mobile home parks.
See §
150-42H.
A. Annual license required for mobile home
parks.
(1) It shall be a violation of this chapter
for any person to construct or operate a mobile home park without first
securing a license from the Town Board as provided in the law of the State of
New York. All mobile home parks shall comply with the regulations of this
chapter.
(2) The application for an annual license or
renewal thereof shall be accompanied by a fee as set forth in the Fee Schedule
of the Town of Ontario. Such application shall be filed with the Town Clerk on
forms prescribed by the Town and shall include the name and address of the
owner in fee title of the tract. If fee title is vested in some person other
than the applicant, a duly verified statement by the person that the applicant
is authorized by him to construct or maintain the mobile home park shall
accompany the application. Each license or renewal thereof shall expire on the
31st day of December following the issuance thereof.
B. Application for a mobile home park
license. Any applicant for a mobile home park license shall state that he, as
agent or owner, shall be responsible for the proper maintenance and upkeep of
the proposed park and shall provide copies of maps, plans and documents
showing:
(1)
(1) Boundaries of the park area.
(2) Entrances, exits and walkways.
(3) Mobile home sites or lots.
(4) Method and plan of sewage disposal.
(5) Method and plan of garbage and refuse
disposal.
(6) Method and plan of water supply.
(7) Method and plan of lighting.
(8) Landscape plans.
(9) Owners' and operators' names and
addresses.
(10) Park rules and regulations.
(11) Register of park occupants.
(12) Detailed map of each lot.
C. Park plan.
(1) A mobile home park shall have an area of
not less than 25 acres, and no mobile home lot or office or service building
shall be closer to the public highway or other property line than 100 feet. The
100 feet shall constitute a buffer zone which must be maintained by the park
owner and shall be in accordance with the site plan approval by the Town of
Ontario Planning Board.
(2) A mobile home park shall be located on a
well-drained site suitable for the purpose, with all roads constructed and
paved to a width of at least 20 feet.
(3) Individual mobile home lots shall have
an area of not less than 6,000 square feet, with a minimum width of 60 feet.
(4) No mobile home or portion thereof shall
be placed closer to any other mobile home or portion thereof than 25 feet.
(5) The total number of mobile home lots
shall not exceed five per gross acre.
(6) In all parks accommodating or designed
to accommodate five or more mobile homes, there shall be one or more recreation
areas which shall be easily accessible to all park residents.
(a) The size of such recreation area shall
be based upon a minimum of 200 square feet for each lot. No such recreation
area shall contain less than 5,000 square feet.
(b) Recreation areas shall be so located as
to be free of traffic hazards and should, where the topography permits, be
centrally located.
D. Additional provisions.
(1) Maintenance. All service buildings and
the grounds of the park shall be maintained in a clean, sightly condition that
will not endanger the health of any occupant or the public or constitute a
nuisance.
(2) Registration.
(a) The licensee shall keep a record of all
occupants of the park, noting the name and address of each occupant, the
license numbers of all units if licensed, and the state issuing such license.
(b) The licensee shall keep a copy of the
register available for inspection at any time by any authorized person and
shall not destroy such registry until the expiration of 12 months from the date
of registration.
(3) Revocation or suspension of license.
(a) The Town Board shall have the authority
to enter and inspect for health, sanitary and other provisions of this chapter
any facility licensed hereunder at any reasonable time.
(b) If, upon inspection, it is found that
the licensee has violated any provisions of this chapter, the Town Board shall
have the power to suspend such license and order any mobile home removed or the
mobile home park closed after notice and an opportunity to be heard.
(4) Parking spaces. Parking spaces shall be
provided at the rate of at least one parking space, with a minimum width of
nine feet and a minimum depth of 18 feet,, for each mobile home lot, plus one
additional parking space for each two lots in the mobile home park.
(5) Roads and hydrants shall be kept free of
snow and ice by the licensee.
(6) Nonconforming mobile home parks. Mobile
homes presently located in nonconforming mobile home parks shall be subject to
the terms of Subsection B of this section, and any expansion or additions to
said mobile home parks must conform to the regulations provided in this
chapter.
§§ 150-52 through 150-53. (Reserved)
ARTICLE IX
Nonconforming
Uses and Structures
§ 150-54. Continuance.
Every structure
or use not conforming to the regulations of the district in which it is located
at the time of adoption of this chapter shall be a nonconforming structure or
use. Any such nonconforming structure or use may be continued subsequent to
adoption of this chapter, but no structure may be enlarged or altered in a way
that increases its nonconformity, and no use shall be enlarged or increased to
occupy a greater area of land.
§ 150-55. Transference.
Nonconforming structure and/or use rights, subject to the provisions of
this Article IX, remain with the land when title is transferred.
§ 150-56.
Existing nonconforming mobile homes.
Any mobile home that is so
situated as not to conform to the terms of this chapter shall not be replaced
on its site by any other non-conforming mobile home.
§ 156-57. Changes to other nonconforming uses.
A nonconforming use may not be changed to another
nonconforming use.
§ 150-58. Reconstruction and/or alteration.
A
nonconforming structure or a structure associated with a nonconforming use may
be reconstructed or altered during its life to an extent of an aggregate cost
of 50% of the assessed value of such structure, provided that no extension or
enlargement of the nonconformity results.
§ 150-59.
Termination of nonconforming structure or use.
A. A nonconforming structure or use is
terminated and may not then be altered, rebuilt or resumed except in conformity
with the regulations for the district in which it is located if:
(1) It has been changed to a conforming
structure or use;
(2) A nonconforming use has been abandoned
for any length of time without an intend to be resumed;
(3) A nonconforming use has been
discontinued for any reason for a consecutive period of six months or for 18
months during any three-year period; or
(4) A nonconforming structure or a structure
associated with a non-conforming use has been destroyed by any means to the
extent of 75% or more of either its value or its bulk.
B. Subsection A(4) shall not apply to
single-family homes in Rural, Suburban Residential, Urban Residential, Business
or Business Transitional Districts.
§ 150-60. Maintenance and repair.
Nothing in
this chapter shall be deemed to prevent the strengthening or restoring to a
safe condition of any structure declared unsafe by the Zoning Officer unless
such restoration will violate § 150-59A(4) above.
§ 150-61. Previously prepared plans.
Nothing
contained in this chapter shall require any change in plans, construction or
designated use of a structure for which a building permit was issued more than
30 days prior to the adoption of this chapter and the construction of which is
begun within three months after such adoption and thereafter diligently carried
on.
§ 150-62. District changes.
Whenever an
area is transferred from a district of one classification to a district of a
different classification, the above regulations shall apply to nonconforming
uses created by such transfer.
§ 150-63. (Reserved)
ARTICLE X
Administration
and Enforcement
§ 150-64. Enforcement.
This chapter
shall be enforced by the Town of Ontario Code Enforcement Officer. In carrying
out this function, it shall be the duty of the
Code Enforcement Officer, prior
to issuing any permits or certificates, to examine any plans and inspect any
buildings or premises to determine that such plans, buildings or premises are
not in violation of the provisions of this chapter or any other duly adopted
regulations related to land use, building use and construction within the Town
of Ontario.
§ 150-65. Building
permits.
No
structure shall be erected or altered, unless a building permit has been issued,
pursuant to Article III of Chapter 80 of this Code, if required by such
Article.
§ 150-66. Certificate of occupancy or compliance.
A. No structure hereafter erected shall be
used and no land shall be used or changed in use until a certificate of
occupancy or compliance therefor has been issued pursuant to Article VI of
Chapter 80 of this Code, if required by such Article.
§ 150-67 (Reserved).
§ 150-68 (Reserved).
§ 150-69. Zoning Board of Appeals.
A. Organization. The Zoning Board of
Appeals shall consist of five members, all residents of the Town of Ontario, to
be appointed by the Town Board for terms of five years in staggered terms. One
member shall be designated each year by the Town Board to serve as Chairman for
that year. If a vacancy shall occur, the Town Board shall appoint a successor,
who shall serve for the unexpired portion of the term of his predecessor.
B. Duties
and powers. The Zoning Board of Appeals shall have such powers and duties as
are granted to it or imposed on it by state law. The Zoning Board of Appeals
may adopt, after a public hearing, such rules, regulations and forms as it may
deem necessary for the proper and efficient discharge of its duties, so long as
such rules, regulations and forms do not conflict with state law. Such rules,
regulations and forms are subject to the approval of the Town Board.
§ 156-70. Planning
Board
A. Creation
and appointment. There shall be a Planning Board which shall consist of five
members who shall be appointed by the Town Board in such manner and for such
terms as provided by the Town Law and any amendments thereto.
B. The
Planning Board shall have such powers and duties as are granted to it or
imposed on it by state law. The Planning Board may adopt, after a public
hearing, such rules, regulations and forms as it may deem necessary for the
proper and efficient discharge of its duties, so long as such rules,
regulations and forms do not conflict with state law. Such rules, regulations
and forms are subject to the approval of the Town Board.
C. The
Planning Board is hereby granted the authority to employ the powers set forth
in Town Law § 278 and to apply them to all undeveloped residentially-zoned land
in the Town when, in the Planning Board's discretion and judgment, such use of
those powers will benefit the Town.
§ 150-71. (Reserved)
ARTICLE XI
Miscellaneous
Provisions
§ 150-72. Interpretation.
A. In their interpretation and application,
the provisions of this chapter shall be held to be minimum requirements adopted
for the promotion of the public health, morals, safety and general welfare.
Wherever the requirements of this chapter are at variance with the requirements
of any other lawfully adopted rules, regulations, statutes or ordinances, the
most restrictive thereof or those imposing the highest standards shall govern.
B. The adoption of this chapter shall not
affect or impair any permit granted, any act done, offense committed or right
accrued or acquired or liability, penalty, forfeiture or punishment incurred
prior to the time this chapter takes effect, under any prior zoning chapter of
the Town of Ontario; but the same may be enjoyed, ascertained, enforced or
prosecuted as fully and to the same extent as if this chapter had not been
adopted; and all actions and proceedings commenced under or by virtue of such
prior chapter and pending at the time this chapter takes effect may be prosecuted
and defended to final effect in the same manner as they might have been if this
chapter had not been adopted.
§ 150-73. Amendments.
A. Authority. The Town Board may, from time
to time, on its own motion or on petition or on recommendation of the Planning
Board or Zoning Board of Appeals, amend, supplement, change, modify or repeal
this chapter in accordance with the applicable provisions of law.
B. Public notices and hearings. The Town
Board, by resolution adopted at a public meeting, shall fix a time and place of
public hearing on the proposed amendments and cause notice to be given as
follows:
(1) By publishing a notice at least 10
calendar days in advance of such hearing in the official Town newspaper. Such
notice shall state the general nature of the proposed amendment in such
reasonable detail as will give adequate notice of its contents and shall name
the place or places where copies of the proposed amendment may be examined.
C. Referral to County Planning Board.
(1) Before taking final action on certain
proposed amendments to this chapter, as set forth in § 239-m of General
Municipal Law, the Town Board shall refer such amendments to the Wayne County
Planning Board for report thereon.
(2) Within 30 days after receipt of such
referred amendments, the County Planning Board shall report its recommendation
thereon with a full statement of the reasons for such recommendation. If the
County Board fails to report within 30 days after receipt, the Town Board may
act without such report.
(3) If the County Planning Board disapproves
the proposed amendment or recommends modification thereof, the Town Board may
act contrary to such disapproval or recommendation only by a vote of a majority
plus one of all the members.
(4) Within seven days after final action on
any amendment, the Town Board shall file a report of the final action taken
with the Wayne County Planning Board.
§ 150-74. Penalties for offenses.
A violation
of this chapter shall be punishable as an offense by a fine not to exceed $250
or by imprisonment for a period not to exceed 15 days, or both. Each week's
continued violation shall constitute a separate additional offense. In
addition, the Town Board shall have such other remedies as are provided by law
to enforce the provisions of this chapter.
[1]Editor's Note: Schedule I, Part 4, is located at
the end of this chapter.
[2]Editor's Note: Schedule II is located at the end of
this chapter.
[3] Editor's
Note: Schedule II is located at the end of this chapter.
[4]Editor's Note: Schedule II is located at the end of
this chapter.
[5]Editor's Note: See illustration included at the end
of this chapter.
[6]Editor's Note: Schedule I is located at the end of
this chapter.
[7]Editor's Note: Schedule II is located at the end of
this chapter.
[8]Editor's Note: Schedule I is located at the end of
this chapter.
[9]Editor's Note: Schedule I is located at the end of
this chapter.
[10] Editor's
Note: Schedule II is located at the end of this chapter.