TOWN OF HURON

ZONING LAW

A law limiting and restricting the specified districts and regulating therein, buildings and other structures according to their construction and the nature and extent of their use and the nature and extent of the use of the land, so as to promote health, safety, morals and general welfare of the Town of Huron and providing for the violation thereof.

Pursuant to the authority and power granted by Article 16 of the Town Law and the Municipal Home Rule Law of the State of New York, to regulate and restrict the height, number of stories and size of buildings and other structures, the percentage of occupancy of lots and parcels of land that may be occupied, the size of yards, courts and open spaces, the density of population and the location and use of buildings, structures, and land for trade, industry, residence or other purposes, and to establish zones or districts in the Town of Huron, the Town Board of the Town of Huron has enacted Local Law No. 1 of 1973 of the Town of Huron, as amended as follows:

ARTICLE I

PURPOSES

10.0 PURPOSES

10.01 General Purposes. The zoning regulations and districts herein set forth and as outlined upon said map made a part of this law by Section 21.0 are made in accordance with a Comprehensive Plan for the purpose of promoting the public health, safety, morals, convenience, order, prosperity and general welfare of the community. They have been designed to lessen congestion in the streets, to secure safety from fire, panic and other dangers, to provide adequate light and air, to prevent the overcrowding of land, to avoid undue concentration of population, to facilitate the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements. They have been made with reasonable consideration, among other things, as to the character of each district and its suitability for particular uses, and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the Town.

10.02 Purposes of Adult Use Regulations. It is the policy of the Town of Huron, that in order to preserve public peace and good order, and to safeguard the health, safety, and welfare of the Town of Huron, it is necessary to regulate and restrict the location of adult uses, particularly due to the secondary impacts of such uses, including traffic, noise, and assembly of persons at late hours. However, the provisions of this law are not intended to have the effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent of this law to restrict or deny the access by adults to sexually oriented materials protected by the First Amendment to the Constitution of the United States, or to deny access by distributors and exhibitors of sexually oriented materials to their intended market. Nonetheless, it is not the policy of the Town of Huron to condone or legitimize the distribution of obscene materials.

ARTICLE II

ESTABLISHMENT OF DISTRICTS

20.0 ESTABLISHMENT OF DISTRICTS

For the purposes of this law the Town of Huron is hereby divided into the following eight (8) classes of districts:

Agriculture (5-acre minimum lot) A5A

Rural Residential (1-acre minimum lot) R1A

Medium Density Residential (15,000-square foot or 1-acre minimum lot) R-15,000

Resort RES

Highway Business HB

Industry M

Land Conservation LC

Planned Development PD

21.0 ZONING MAP

The boundaries of these districts are hereby established on a map entitled "Town of Huron Zoning Map," which map accompanies and is hereby made a part of this law.

22.0 INTERPRETATION OF DISTRICT BOUNDARIES

Where a district boundary line, as appearing on the zoning map, divides a lot or land in single ownership as existing at the time of this enactment, the use authorized on and the district requirements applying to the less restricted portion of the property shall be construed as extending into the remaining portion of the property beyond the district boundary lines for a distance not exceeding 35 feet. Otherwise, unless shown to the contrary on the zoning map, the boundary lines of districts are the centerlines of streets and alleys, or such lines extended, railroad right-of-way lines, the centerlines of creeks and waterways, the corporate limits line as it existed at the time of the enactment of this law.

ARTICLE III

DEFINITIONS

Certain words and terms used in this law are defined for the purposes thereof, as follows:

30.0 TERMS

The present tense shall include the "future," the singular number shall include the "plural" and the plural the "singular," and the use of one gender all other genders. The use of "shall" is always mandatory. "Town" shall mean the Town of Huron. "County" shall mean the County of Wayne. "State" shall mean the State of New York. The date of enactment of this law shall be considered July 20, 1973. "Town Building Law" shall mean Local Law No.1 of 1989 of the Town of Huron, as amended or superseded from time to time, and "Uniform Code" shall mean the New York State Fire Prevention and Building Code, as amended from time to time.

31.0 DEFINITIONS

31.01 Adult Bookstore. Any business enterprise having a substantial portion of its stock-in-trade books, magazines, pamphlets, pictures, drawings, photographs, drawings, photographs, motion picture films, videotapes, audio tapes, computer software, or printed, visual, or audio material of any type, which are characterized by their emphasis on the description or depiction of specified anatomical areas or specified sexual activities; or any business enterprise having a substantial area of its enterprise devoted to the sale and display of such materials. "Substantial portion," as used in the preceding sentence, shall mean at least fifty percent (50%) in any one of the following parameters: receipts, income, number of titles, number of copies, amount of floor space devoted, or amount of advertising.

31.02 Adult Entertainment Establishment. Any business enterprise (a) having as a substantial portion of its activity the presentation, characterized by emphasis on the description or depiction of specified anatomical areas or specified sexual activities, of: live shows, motion picture films, videotapes, or sound recordings presented to a common audience in an enclosed common area; visual or audio material presented in a coin-operated, slug-operated, or mechanically or electronically controlled, still or motion-picture machines, projectors or other image-producing devices; (b) serving food and beer, wine, liquor, juice, soft drinks, or other refreshments whose entertainers or waiters and waitresses appear in a state that displays any specified anatomical area; or (c) that offers services requiring the client or customer to display any specified anatomical areas, except hospitals, nursing or convalescent homes, medical and health service establishments. "Substantial portion," as used in the preceding sentence, shall mean at least fifty percent (50%) in any one of the following parameters: receipts, income, number of presentations, time of presentations, size of audiences, amount of floor space devoted (including audiences), or amount of advertising.

31.03 Adult Care. An establishment where persons are housed or lodged and furnished with meals.

31.04 Adult Use. Any adult bookstore or adult entertainment establishment.

31.05 Agriculture. The commercial production on a farm of crops, plants, vines or trees.

31.06 Airport, Private. A tract of land used for landing and take-off of aircraft, not operated for profit or as a commercial business.

31.07 Alley. A public way having a right-of-way width of 20 feet or less.

31.08 Animal Husbandry. The commercial keeping, grazing, feeding and care of animals. The term "animal husbandry" shall not be construed to include the activities of kennels, feed lots, or the keeping of household pets.

31.08a Antenna, Commercial. A system of electrical conductors that transmit or receive radio frequency signals for commercial purposes. Such signals shall include, but not be limited to, cellular, paging, personal communications services, and microwave communications.

31.09 Area, Building. The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings exclusive of uncovered porches, terraces and steps. All dimensions shall be measured between the exterior faces of walls.

31.10 Area, Land. The term "land area," when referring to the required area per dwelling unit, means "net land area," the area exclusive of streets and other public open space.

31.11 Bar or Tavern. An establishment licensed under the laws of New York State for the sale of alcoholic beverages and their consumption on the premises.

31.12 Basement. A story partly underground but having at least one-half of its height above the average outside ground level.

31.13 Block. The length of a street between two street intersections. Where street intersections are at intervals greater than 1,200 feet, 1,200 feet shall be considered the length of a block for purposes of this law.

31.14 Boarding House. A dwelling, or other structure other than a hotel or motel, in which more than two persons are sheltered and/or fed for profit for one week or longer at a time.

31.15 Boat House. A structure used for the storage or sheltering of boats or other watercraft and their related accessories.

31.16 Building. Any structure constructed or used for residence, business, industry or other public or private purposes, or accessory thereto, including tents, lunch wagons, dining cars, manufactured housing, mobile homes, billboards, signs, storage sheds and similar structures, whether stationary or movable, but not small storage sheds.

31.17 Building, Accessory. A building, the use of which is customarily incidental to that of a principal building, and which is located on the same lot as that occupied by the principal building.

31.18 Building Addition. Extension or increase of enclosed floor space or building height.

31.19 Building, Accessory Use of. A use customarily incidental to the use of a principal building, not occupying more than twenty-five (25%) percent of the total above-ground floor area of the principal building thereof.

31.20 Building, Alteration of. Any building addition, change or rearrangement of exterior structural parts, change in use from one district classification to another, or removal of a building from one location to another. Normal repairs and maintenance shall not be construed as an alteration of a building.

31.21 Building or Structure, Non-conforming. An established building or structure lawfully existing prior to and at the time of the original adoption of this law, or any relevant amendment to this law, which, because of its inherent nature or construction, does not conform to the provisions of this law or such amendment for the district in which it is located.

31.22 Building, Height of. The vertical distance measured from the average elevation of the finished lot grade at the front of the building to the highest point of the ceiling of the top story in the case of a flat roof; to the deck line of a mansard roof; and to the mean height level between the eaves and ridge of a gable, hip or gambrel roof.

31.23 Building, Principal. A building, including covered porches, in which is conducted the principal use of the lot on which it is situated. In any residential district a dwelling shall be deemed the principal building on the lot on which it is situated.

31.24 Building Line. The face of that portion of a principal building nearest the lot line which shall include covered porches and other covered or enclosed areas but which shall not include cornices, eaves, gutters, chimneys, or bay windows which shall project no more than 24 inches from the face of the building, and if such projection shall exceed 24 inches, then the face of such projection shall be the building line.

31.24a Business, Outdoor. Any business in which the major portion of the business activity is conducted outdoors, such as an archery range, golf course, skiing, race track, or splat ball.

31.25 Business, Small Retail/Wholesale. A commercial establishment of up to 200 square feet of floor area, and which is not encompassed within any other category defined by this law.

31.26 Business, Medium Retail/Wholesale. A commercial establishment of more than 200 square feet and not more than 1500 square feet of floor area, and which is not encompassed within any other category defined by this law.

31.27 Business, Large Retail/Wholesale. A commercial establishment of more than 1500 square feet of floor area, and which is not encompassed within any other category defined by this law.

31.28 Cabin, Hunting and Fishing. A structure with accommodations for living and sleeping designed for seasonal occupancy and having a total floor area of less than 400 square feet.

31.29 Campground. Any lot, parcel or tract of land on which two or more camp or travel trailers, tents, or similar structures are located or parked for transient use, regardless of whether or not a charge is made for such accommodations.

31.30 Camping. The occupation of camp or travel trailers, tents, or similar devices for living or sleeping purposes.

31.31 Car Wash. An establishment for the washing of motor vehicles as a principal use.

31.32 Carnival. An amusement show, usually traveling from place to place, which may include a side show, ferris wheel, merry-go-round, other amusement rides, or other similar attractions.

31.33 Cellar. A portion of a building having more than one-half of its height below the average outside ground level.

31.34 Cemetery. Land used or intended to be used for the burial of dead human beings and dedicated for cemetery purposes, including columbariums, crematories, mausoleums and mortuaries when operated with and within the boundary of such cemetery.

31.35 Center Line of Street or Road. A line midway between and parallel to two street or road property lines.

31.36 Church or Other Place of Worship. A building for public worship.

31.37 Circus. An exhibition of wild animals, acrobatic feats, which may include side shows and vending concessions.

31.38 Clinic, Dental. A structure designed for the practice of dentistry in which nonresident patients are treated.

31.39 Clinic, Medical. A structure designed for the practice of medicine in which nonresident patients are treated.

31.40 Clubhouse. A building to house a club or social organization not conducted for profit and which is not an adjunct to or operated by or in connection with a public tavern, café, or other public place.

31.41 College. A college or university giving general academic instruction, including associated areas or structures used for (a) administration, (b) housing of students and faculty, (c) dining halls, and/or (d) social or athletic activities, when located on the institution's land that is not detached from land where classroom facilities are maintained.

31.43 Construction, Fire Resistant. That type of construction in which the walls, partitions, columns, floors and roof are non-combustible with sufficient fire resistance to withstand the effects of a fire and prevent its spread from story to story.

31.44 Cottage Colony. A group of structures on a single lot which may include a rental office, swimming pool, handball court, casino or other recreational facilities, together with three or more cottage units, not more than one of which is used for the purposes of year-round residence.

31.45 Cottage, Duplex. A structure consisting of two separate units separated by a party wall, each of which has a minimum floor area of 400 square feet, designed or primarily used for seasonal occupancy.

31.46 Cottage, One Unit. A structure having a minimum floor area of 400 square feet designed or primarily used for seasonal occupancy. A bus is not construed to be a cottage.

31.47 Court. An unoccupied open space, other than a yard. An outer court is one that extends to the street or to the front or rear yard. An inner court is any other court.

31.48 Coverage. That percentage of the lot covered by the building area.

31.49 Crematorium. A furnace or place for cremation of corpses.

31.50 Curb Level. The officially established grade of the curb in front of the midpoint of the lot.

31.51 Day Care Facility. A commercial establishment where two or more children are cared for and/or supervised on a regular basis.

31.52 Deck. An unenclosed structure creating a floored surface, attached or unattached to a principal or accessory structure that is constructed above the finished grade and is greater than 25 square feet in area.

31.53 Dock, Boat. A structure built along or at an angle from the shore used to receive and discharge cargo or passengers from a boat or other watercraft. A boat dock shall not be considered an obstruction for purposes of yard measurements.

31.54 Drive-in Business. A commercial establishment where patrons enter the premises and are served or entertained in automobiles, including drive-in outdoor theaters, refreshment stands, banks and the like. Deposit and pick-up services shall not be considered drive-in businesses.

31.55 Driveway. Land situated on a lot used or intended to be used to provide access to it by vehicular traffic.

31.56 Dump. Land used for the disposal by abandonment, dumping, or other means, and for whatever purpose of garbage, trash, refuse, junk, ash, solid waste, or waste material of any kind.

31.57 Dwelling. A house or other building designed or used primarily for year-round human habitation. The word "dwelling" shall not include tourist homes, motels, hotels, or other structures designed for transient residence, or cottages or cabins designed or primarily used for seasonal residence.

31.58 Dwelling, Duplex. A building containing two dwelling units separated by a party wall, each having one side yard.

31.59 Dwelling, Multi-Family. A dwelling containing separate living units for three or more families, but which may have joint services or facilities or both.

31.60 Dwelling, One Family. A building designed for the use of a single household, including one or more persons living as a family, and wherein not more than two boarders are sheltered and/or fed for profit.

31.61 Dwelling, Row or Town House. A dwelling accommodating or designed to accommodate but a single family in a single dwelling unit, the walls on two sides of which may be in common with the walls of an adjoining dwelling and are party or lot line walls.

31.62 Dwelling, Two Family. A building having two side yards and accommodating only two families.

31.63 Dwelling Unit. Any dwelling or portion thereof used or intended to be used by one family, and providing complete housekeeping facilities for the family.

31.64 Excavation, Grading or Filling. Any operation (other than in connection with foundations for a structure or highway construction):

(a) On lots complying with section 42.02 of this law, any operation involving a volume of earth movement exceeding 1,000 cubic yards;

(b) On lots not complying with section 42.02 of this law, any operation involving a volume of earth movement exceeding one cubic foot per square yard or 100 cubic yards, whichever is greater; or

31.65 Extension of Use. An increase in area or operations consistent with the existing use.

31.66 Factory. A building or group of buildings, usually with equipment, where manufacturing is conducted.

31.67 Fair. An occasional or periodic competitive exhibition of farm products or livestock, usually accompanied by amusement features and for which an admission fee is charged.

31.68 Family. One or more persons occupying a premises, living as a single nonprofit housekeeping unit, not on a temporary basis. There is a rebuttable presumption that a family does not include a housekeeping unit that includes more than five persons, each of whom is not related to any other persons in the unit by blood, marriage or adoption.

31.69 Farm. Any parcel of land containing at least five acres which is used for gain in the raising of agricultural products, livestock, and/or poultry and dairy products, including necessary farm structures within the prescribed limits, and the storage of equipment used, but not feed lots, fur farms, cage type poultry houses, pig farms, public stables, and dog kennels.

31.70 Farm, Pig. Any premises on which more than two brood sows and any other swine over eight months of age are harbored.

31.71 Farm, Fur. Any premises on which animals are raised or harbored for the primary purpose of using their fur, or selling the animals for the eventual use of their fur.

31.72 Feed Lot. A strictly commercial beef cattle feeding operation, not an integral part of an existing agricultural or animal husbandry enterprise, where all feed is purchased and the operator does not own sufficient land for manure disposal and/or recycling.

31.73 Floor Area (of a building). The sum of the gross horizontal area of the several floors including the basement of a building and its accessory buildings on the same lot, and including the area of roofed porches and roofed terraces. All dimensions shall be measured between exterior faces of walls.

31.74 Floor Area Ratio. The floor area of a building divided by the area of the lot which it occupies.

31.75 Fraternity House or Dormitory. A facility used for housing, with or without dining facilities, of students attending a college or school, and which is approved as a residence for its students by such educational institution, including a sorority house or college residence hall.

31.76 Food Processing Facility. An establishment that primarily prepares foodstuffs for the wholesale market, industrial processing, or other commercial use, and which may include a retail outlet.

31.77 Funeral Home. A commercial establishment which directs funerals or houses corpses prior to a funeral.

31.78 Garage, Private. A garage not conducted as a business and used for storage space for vehicles which shall be owned by a person residing on the premises.

31.79 Garage, Parking. A garage conducted as a business. The rental of storage space for more than two passenger cars or for one commercial vehicle not owned by a person residing on the premises shall be deemed a business use.

31.80 Golf Course. An area primarily used for the play of golf, including nine and eighteen hole courses, and driving ranges.

31.81 Grade, Established. The elevation of the centerline of the streets as officially established by the Town, County or State highway authorities.

31.82 Grade, Finished. The completed surfaces of lawns, walks and roads brought to grades as shown on official plans or designs relating thereto.

31.83 Home Occupation, Customary. Any use customarily conducted entirely within a dwelling and carried on by the inhabitants thereof which use is clearly incidental to and secondary to the use of the structure for dwelling purposes and does not change the character thereof. No customary home occupation shall include machinery or equipment normally associated with commercial or industrial activities, nor shall any customary home occupation produce offensive noise, vibration, smoke, dust, odors, heat, glare or other nuisance.

31.84 Hospital. An establishment for temporary occupation by the sick or injured for the purpose of medical diagnosis and treatment, including sanitaria, and shall be limited to the treatment or other care of humans.

31.85 Hospital, Animal or Veterinary Clinic. An establishment for temporary occupation by sick or injured animals for the purpose of medical diagnosis and treatment, and shall exclude the treatment or other care of humans.

31.86 Hotel. A building or group of buildings in which there are twelve or more rental sleeping rooms, and which may also include dining rooms, kitchens, serving rooms, ballrooms and other facilities and services intended primarily for the accommodation of its patrons.

31.87 Industry. The entire range of economic and business activity. Specific types of industry (Including manufacturing, wholesale, retail, and services), shall have the meaning set forth in the Standard Industrial Classification Manual, published by the Executive Office of the President, Bureau of the Budget - 1957.

31.88 Junk Yard. A lot, land or structure, or part thereof over 200 square feet in area, used primarily for the collecting, storage and/or sale of waste paper, rags, scrap metal, or discarded material, or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in running condition and for the sale of parts thereof, except as accessory to a principal industrial use of the lot. Two or more motor vehicles stored outside of a building shall be deemed to constitute a junk yard, if each such vehicle meets at least one of the following characteristics: (a) it is not in operating condition; or (b) it is unregistered; or (c) it is uninspected; unless the vehicles are stored accessory to a vehicle sales area, automobile wrecking business, parking garage, motor vehicle service station, or a principal industrial or agricultural use. For example, one unregistered vehicle together with one uninspected vehicle on the same lot shall constitute a junk yard.

31.89 Kennel. Any establishment including cages, dog runs and structures wherein more than three dogs which are over six months old are harbored.

31.90 Laundry. A business which cleans clothing, or which is equipped with individual clothes washing and drying and/or cleaning machines for the principal use of retail customers.

31.91 Library. A public place in which literary, musical, artistic, or reference materials are kept for use or loan.

31.92 Lot. A piece, parcel or plot of land occupied or designed to be occupied by a principal building and its accessory building or buildings, and including the yards and other open spaces required by this law.

31.93 Lot, Corner. A lot which has an interior angle of less than 135 degrees at the intersection of two lot lines abutting a street. A lot abutting upon a curved street or streets shall be considered a corner lot if the tangents to the curve at points beginning within the lot or at the point of intersection of the side lot lines with the street line intersect at an interior angle of less than 135 degrees.

31.94 Lot, Depth. The horizontal distance from the street line of the lot to its opposite rear line measured along the median between the two side lot lines.

31.95 Lot, Interior. A lot other than a corner lot.

31.96 Lot Lines. The lines that bound a lot as defined in this law.

31.97 Lot of Record. Any lot which has been established as such by plat, survey, record, or deed prior to the date of the original enactment of this law, as shown on the records of the Wayne County Clerk's Office.

31.98 Lot, Through. An interior lot having frontage on two parallel or approximately parallel streets.

31.99 Lot Width. The distance between the side lot lines measured along the front building line as determined by the front yard requirement prescribed by this law.

31.100 Machine Shop. A place of business that engages in the repair or fabrication of machinery, equipment or parts thereof.

31.100a Manufactured Home. A factory built dwelling, less than twenty feet in width, excluding tip outs and pull outs or any other extensions to the original structure, that is either (a) properly certified to comply with the Manufactured Home Construction and Safety Standards promulgated by the United States Department of Housing and Urban Development and set forth at 40 C.F.R. Part 3280 or (b) complying with the Uniform Code.

31.100b Manufactured Home Community. Any lot on which two or more manufactured homes or manufactured homes, residential design is located, regardless of whether or not a charge is made for such accommodations.

31.100c Manufactured Home, Residential Design. A manufactured home which: (a) is properly certified to comply with the Manufactured Home Construction and Safety Standards promulgated by the United States Department of Housing and Urban Development and set forth at 40 C.F.R. Part 3280 or is in compliance with NYS Building Code; (b) meets the minimum ground floor space requirements set forth at paragraph 42.02(h)(1) of this law; (c) has a roof of a type and pitch commonly used in residential construction; (d) has exterior siding of a type of material commonly used in residential construction; (e) has all towing devices, wheels, axles and hitches removed; (f) is installed on a permanent foundation that meets the requirements of the Uniform Code; and (g) is skirted with masonry material or stud-framed and wall-sheathed with exterior siding of a type of material commonly used in residential construction.

31.101 Manufacturing. Fabrication or production of goods or products. Manufacturing includes those activities listed in Part III, Alphabetic Index, Manufacturing Industries in the Standard Industrial Classification Manual, published by the Executive Office of the President, Bureau of the Budget - 1957.

31.102 Marina. A commercial facility which provides docks or a harbor with secure mooring for motor and sail boats, including any related facilities and services associated with water sports.

31.103 Migrant Labor Camp. A migrant labor camp as defined in the State Sanitary Code.

31.104 Mobile Home. A manufactured home or mobile home that is not certified to comply with the Manufactured Home Construction and Safety Standards promulgated by the United States Department of Housing and Urban Development and set forth at 40 C.F.R. Part 3280 and does not comply with the Uniform Code.

31.105 Mobile Home Park. Any lot on which two or more mobile homes are located, regardless of whether or not a charge is made for such accommodations.

31.106 Motel. A public inn containing not less than eight rental units with provisions for, but not limited to (a) automobile parking space to accommodate not less than one car per unit, and (b) separate toilet facilities and hot and cold running water for each rental unit.

31.107 Motor Freight Terminal. Any premises used by a motor freight company regulated by the Public Service Commission of New York and/or the Interstate Commerce Commission as a carrier of goods, which is the origin and/or destination point of goods being transported for the purpose of storing, transferring, loading and unloading of such goods.

31.108 Motor Vehicle Service Station. Any area of land, including structures thereon, that is used for the sale of gasoline or any other motor vehicle fuel and oil and other lubricating substances, including any sale of motor vehicle accessories and which may or may not include facilities for lubricating, washing or otherwise servicing motor vehicles.

31.109 Nursery School. A school designed to provide daytime care or instruction for two or more children from two to five years of age inclusive and operated on a regular basis.

31.110 Nursing Home. Any establishment where persons are housed or lodged and furnished with meals and nursing care for hire.

31.111 Occupancy. The utilization of a building, structure or land.

31.112 Occupancy, Seasonal. Occupancy for a period not exceeding seven months during any one calendar year.

31.113 Office, Business. A business open to the public where a physician, surgeon, dentist, accountant, artist, musician, lawyer, architect, engineer, teacher, insurance agent, real estate broker, or other professional carries out his or her professional duties or responsibilities, and meets with or sees patients or clients, but not the office or place of business of a mortician.

31.114 Office, Home. An area within a private residence, used by the resident for conducting his or her business and which is open to the public by appointment only.

31.115 Official Map, Town. A map adopted by the Town Board pursuant to the provisions of Section 270 of the Town Law and which may be, or may have been revised according to the provisions of Section 273 of the Town Law which shows streets, highways and parks laid out and adopted and established by law, and which may show drainage systems.

31.116 Open Space. An unoccupied space open to the sky required by the terms of this law.

31.117 Parcel. A separately assessed lot or piece of real property.

31.118 Park. A parcel or tract of land set aside for public use, including lands left in a natural state, landscaped areas, ball fields, and other areas set aside for recreational uses.

31.119 Parking, Commercial. A business established for the parking of automobiles or other motor vehicles that is open to the public.

31.120 Parking, Private. An area, used by a business, club or other private concern that is for the use of customers, members, residents or guests for parking of automobiles or other motor vehicles.

31.121 Place of Public Assembly. A structure or area used as a meeting place for people of common beliefs or purposes, and which is open to the public for non-profit activities.

31.122 Playground. A site primarily used for recreation for children which may include swing sets and other facilities designed for such purposes.

31.123 Poultry House, Cage Type. A structure in which 5,000 or more birds are housed, one or more to a cage in meshwork floored cages elevated above the main floor of the structure, and in which all normal processes relating to live birds are accomplished without removing the birds from the cage.

31.124 Quarry or Pit. A lot or land or part thereof used for the purpose of extracting stone, sand, gravel or top soil for sale, as an industrial operation, and exclusive of the process of grading preparatory to the construction of a building for which a zoning permit has been issued, or highway construction.

31.125 Residence. A dwelling.

31.126 Residence, Seasonal. A dwelling, the use of which is limited to a seasonal occupancy, such as a summer cottage or a winter chalet.

31.127 Restaurant. An establishment whose primary purpose is to prepare and sell meals for consumption on the premises.

31.128 Riding Academy. Any establishment where horses are kept for riding, driving, or stabling for compensation or incidental to the operation of any club, association, ranch or similar establishment.

31.129 Right-of-Way. A legal right of passage across, or limited use of, another lot or person's land.

31.129a Right-of-Way, Public. The entire area or width (not just any paved area) of any street, alley, highway, road, trail, thoroughfare or other land which a public body (including but not limited to the Town and any of its districts or departments, any other governments and their agencies and departments, and any public authorities) owns or controls (including any easements) and allows access to the general public to drive, walk, ride, or otherwise travel upon.

31.130 Rod and Gun Club. A gathering and meeting place permitting the discharge of firearms for sport and competition.

31.131 Sanitarium. A private hospital, whether or not such a facility is operated for profit.

31.132 Sanitary Sewer, Public. A sewer connected to a municipal sanitary sewer system or a sanitary sewer connected to a non-municipal sanitary sewer system, the construction plans, and plans for the operation of which shall be approved by the New York State Department of Health. Any facility which provides for the disposal of sanitary sewage on a lot occupied by a principal or accessory building or structure other than a sewage disposal plant shall not be deemed a public sanitary sewer.

31.133 Sawmill. A facility where wood is brought to be cut into various types and sizes of lumber.

31.134 School. Any educational institution having regular sessions with regularly employed instructors who instruct children primarily eighteen years of age or younger, under the supervision of the State of New York or a lawfully constituted ecclesiastical governing body, or a private corporation meeting the requirements of the state.

31.134a Shed, Small Storage. A one-story building of not more than 100 square feet of floor area, not attached to the ground and not serviced by utilities, and not used for living purposes.

31.135 Sign. Any display or part thereof, which shall include letters, words, emblems, insignia, etc. which visually conveys information. All signs in excess of 64 square feet shall be regarded as structures, and subject to the setback requirements of the district within which they are located.

31.136 Sign, Advertisement. A permanent sign or display which directs attention to a business, profession, service or industry not located on same lot or parcel.

31.137 Sign, Business. A sign or display which directs attention to a business, profession or industry located on the lot or parcel where the sign is displayed.

31.138 Sign, Temporary. A sign or display, used on a short term basis (90 days or less), to convey information.

31.139 Site. The portion of a lot which includes a structure, associated appurtenances, and minimum yards and setbacks.

31.140 Skating Rink. A commercial location or structure, for roller, ice or blade skating.

31.141 Specified Anatomical Areas. Genitals, the breast below the top of the areola, pubic areas, or buttocks.

31.142 Specified Sexual Activities. Any of the following: (a) the fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; (b) sex acts, actual or simulated, including sexual intercourse and oral copulation; (c) masturbation, actual or simulated; and (d) excretory functions as part of or in connection with any of the activities specified in (a), (b) or (c).

31.143 Stable, Private. An accessory building in which horses are kept for private use and not for hire, remuneration or sale.

31.144 Stable, Public. A building in which horses are kept for remuneration, hire or sale.

31.145 Storage, Boat. The outside storage of any boat not owned by a person owning or residing on the lot or parcel.

31.145a Storage Container. A tractor trailer or truck body with no cab, chassis, axles or lettering or a cargo container, also with no lettering.

31.146 Storage of Flammable Liquids. The storage of alcohol, gasoline, crude oil, liquefied petroleum gas, or any other highly flammable liquid as regulated by the New York State Building Code.

31.147 Storage, Open. Land used for the keeping of goods, wares or supplies on land outside of any building or structure, but not a junk yard or boat storage.

31.148 Story. That part of a building included between any floor, other than a cellar floor, and the floor or roof next above.

31.149 Street. Any public way dedicated to public travel greater than 20 feet in width.

31.150 Street Line. A street line is the right-of-way line of a street as indicated by dedication or by deed of record.

31.151 Structure. Anything constructed or erected, the use of which requires location on and attachment to the ground or attachment to something having location on the ground, including a building. Structure shall not include personal property unattached to the ground or to a building, and shall not include agricultural fences, or other fences not more than four feet in height. Structure shall also include storage containers, tent structures, and storage sheds, except small storage sheds.

31.152 Structure, Alteration of. Any addition to a structure, change or rearrangement of exterior structural parts, change in use from one district classification to another, or removal of a structure from one location to another. Normal repairs and maintenance shall not be construed as an alteration of a structure.

31.153 Swimming Pool, Outdoor. A receptacle for water having a depth at any point greater than two feet, used or intended to be used for swimming or bathing, and constructed, installed or maintained in or on the ground, not inside of a dwelling.

31.153a Telecommunications Facility. Equipment or devices for commercial transmission of television, radio, cellular telephone, personal wireless, paging, telephone signals, or other forms of electromagnetic communication, including all associated antennas, telecommunications towers, and other structures.

31.153b Telecommunications Tower. A freestanding structure on which transmitting and/or receiving antenna(s) are located, including lattice towers, guyed towers, monopoles and similar structures which may employ camouflage technology.

31.154 Theater. A building or part of a building devoted to presenting entertainment, where an admission fee is charged.

31.155 Tourist Home. A structure, other than a hotel or motel, in which overnight accommodations are provided for more than two guests, for less than one week at a time, which is operated either for profit, or as a business, including a bed and breakfast, or which is operated appurtenant to, or in association with, a business, including fishing charters. A tourist home is also a boarding house if more than two persons are sheltered and/or fed for profit for one week or longer at a time.

31.156 Trailer, Camp or Travel. A vehicular structure for which the Department of Motor Vehicles could issue a registration, and which is designed as a temporary dwelling for travel, recreation, and other short term uses.

31.157 Transportation Terminal. A facility used by any form of public transportation to pick up or unload passengers and their belongings.

31.158 Use. The specific purpose for which land or a building is designed, arranged or intended, or for which it is or may be occupied or maintained.

31.159 Use, Accessory. A use which is customarily incidental to and subordinate to the principal use of a premises, building or structure and located on the same premises as the principal use, building or structure, and which for a building occupies no more than twenty-five (25%) percent of the total above-ground floor area of the principal building.

31.160 Use, Non-conforming. An established use of a building or structure or use of land lawfully existing prior to and at the time of the original adoption of this law, or any relevant amendment to this law, which, because of its inherent nature or construction, does not conform to the provisions of this law or such amendment for the district in which it is located.

31.161 Utility, Public. An industry regulated by the New York State Public Service Commission, the Federal Communications Commission, or other government organization, as a public service, including gas, electric, telephone, cellular telephone, cable television, water, and sewer companies and authorities.

31.162 Utility Facilities. Facilities, including electric substations, gas district governor stations, telephone exchanges, or other installations, except business offices, storage facilities, repair shops, power or gas generation stations or plants, communications transmitters, and utility transmission lines, for services which are operated by a public utility for purposes of supplying utility services.

31.163 Utility Distribution Lines. Facilities for the distribution of services by public utilities, including telephone, electric and cable television transmission lines, and water and sewer pipes, necessary for providing service to structures within the Town.

31.164 Variance, Use. The authorization by the Board of Appeals for the use of land in a manner or for a purpose which is otherwise not allowed or is prohibited by this law.

31.165 Variance, Area. The authorization by the Board of Appeals for the use of land in a manner which is not allowed by the dimensional or topographical requirements of this law.

31.166 Vehicle Sales Area. A premises including open areas other than a street or way and showrooms enclosed within a building used for the display or sale of new or used motor vehicles and/or trailers.

31.167 Warehouse. A public or private facility for the storing of goods.

31.168 Yard. An unoccupied space open to the sky on the same lot with a principal or accessory building or structure.

31.169 Yard, Front. An open unobstructed space on the same lot with a principal building, extending across the entire width of the lot between the front building line and the front lot line (street or road right-of-way line). Wherever a lot abuts or fronts on a lake or bay, a boat dock shall not be considered an obstruction, and the property owner may elect to treat the mean high water mark as the front lot line, in which case the lot line that abuts or fronts on the street shall be treated as the rear lot line. In the case of a corner lot, the property owner shall designate which of the yards abutting a street is the front yard, and which is a corner side yard.

31.170 Yard, Rear. An open unobstructed space on the same lot with a building or structure extending across the entire width of the lot between the rear lot line and the nearest principal or accessory rear building line.

31.171 Yard, Side. An open unobstructed space on the same lot with a building or structure between the side lot line and the nearest principal or accessory building side line and extending through from the front yard to the rear yard. In the case of a corner lot, the property owner shall designate which of the yards abutting a street is the front yard, and which is a corner side yard.

31.172 Yard, Corner Side. The side yard of a corner lot on the same side as a street, bay, or lake.

ARTICLE IV

DISTRICT REGULATIONS

40.0 APPLICATION OF REGULATIONS

No building, structure or land shall hereafter be used, and no building, structure or part thereof shall be erected, moved or altered unless for a use expressly permitted by and in conformity with the regulations specified in this law applicable to the district in which it is located, except as hereinafter provided.

41.0 GENERAL REGULATIONS

41.10 Building and Structure Height

No building or structure shall hereafter be erected or altered to exceed the height limit designated for the district in which it is located.

41.20 Space and Area Regulations

No building or structure shall be erected hereafter; nor shall any existing building or structure be altered, enlarged, or moved; nor shall any lot, yard, lot width, open space, loading or parking space required in relation to any building or structure or use be encroached upon or reduced in any manner not in conformity with the lot area, lot area per family, lot coverage, open space and building bulk regulations, minimum yard requirements, and other space and area requirements designated herein for the district in which it is located.

41.30 Yard as Related to a Building or Structure