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 BUILDING or STRUCTURE -- A subordinate building or structure, the use of which is customarily incidental to that of the principal building and which is located on the same lot with the principal building. "Accessory building" includes a garage, swimming pool, stable, barn, toolhouse, children's playhouse, utility shed and similar uses.

 

                        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 New York State Department of Environmental Conservation (DEC) regulations and for purposes of this chapter, in 6 NYCRR 371.1(d) through (d)(4). "Hazardous waste" is further defined by the Environmental Protection Agency beginning at 40 CFR 261.3, which is incorporated by reference into this section.

 

                        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 -- A parcel of land, with or without buildings or structures, delineated by lot lines and having frontage on or access to a street as defined in this chapter.

 

                        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 LOT -- A lot of record existing at the date of adoption of this chapter which does not meet the minimum requirements for the zone in which such lot is located. (See Article IX.)

 

                        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. Lot in two districts.

 

  Where a lot in one ownership exists in two or more districts, the regulations for any one district may be extended into the other district or districts for a distance of not more than 20 feet. Extensions of more than 20 feet shall be permitted only by approval of the Zoning Board of Appeals.

 

 

§ 150-12. Height exceptions.

 

  Nothing contained in this chapter shall limit or restrict the height of a church spire, belfry, clock tower, chimney flue, elevator bulkhead, television antenna. (See § 150-26, Schedule I, Part 4.[1])

 

 

§ 150-13. Fire escape.

 

  Nothing contained in this chapter shall prevent the projection of an open fireproof escape or stairway into a rear yard or side yard for a distance not to exceed eight feet.

 

 

§ 150-14. Minimum building area.

 

  Unless otherwise specified elsewhere in this chapter, every building or structure used or designed to be used for residential purposes shall be built upon permanent foundation walls and shall have a minimum floor area used for living purposes as follows:

 

            A.        For a one-story dwelling: varies by district. (See Schedule II.[2])

 

            B.         For any other dwelling type: 800 square feet per unit as required in each zoning district. (See Schedule II.[3])

 

            C.        For Business, Business Transitional and Industrial Districts: one-thousand-square-foot minimum on the first floor. Dwellings shall be that of Urban Residential District.

 

 

§ 150-15. Private garages and accessory buildings or structures.

            A.        In any district,  any garage or accessory building or structure shall comply with all applicable setbacks, except that a single residential utility shed may be placed no closer  to a side or rear property line than five feet. This section shall not apply to fences.

 

            B.         Location.

 

                        (1)        No detached garage or other accessory building or structure, including utility sheds, shall be constructed nearer the front property line than the front of the main building or, in the case of a corner lot, nearer to the side street line than the minimum road front setbacks for the zoning district. (Reference: the Bulk Chart, Schedule II.[4]) If a garage is constructed as a structural part of an existing dwelling, it may extend into an interior side yard re