ZONING REGULATIONS

 

 

                                   Town of Yates

 

 

ADOPTED:  September 11, 2003

 

 

 

 

 Please Note this was updated September 2008  it may be changed at any time contact the Code Officer with any questions

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Table of Contents

ARTICLE I:  ENACTMENT AND INTENT. 1

SECTION 101           TITLE. 1

SECTION 102           PURPOSE. 1

SECTION 103           APPLICATION OF REGULATIONS. 1

SECTION 104           CONFLICTS WITH OTHER LAWS. 2

SECTION 105           VALIDITY AND SEVERABILITY.. 2

SECTION 106           FEES. 2

SECTION 107           VIOLATIONS AND PENALTIES. 2

SECTION 108           ACTIONS. 3

SECTION 109           ENFORCEMENT OF ZONING LOCAL LAW... 3

SECTION 110           CONSISTENCY WITH COMPREHENSIVE PLAN.. 3

SECTION 111           EFFECTIVE DATE. 3

SECTION 112           AMENDMENTS TO ZONING.. 3

ARTICLE II:         DEFINITIONS. 5

SECTION 200           WORD USAGE. 5

SECTION 210           DEFINITIONS. 5

ARTICLE III:  PERMITS AND PROCEDURES. 28

SECTION 300           PERMITS REQUIRED.. 28

SECTION 301:          PRE-APPLICATION CONFERENCE. 28

SECTION 302           APPLICATION PROCEDURE AND REQUIRED INFORMATION   28

SECTION 303           ZONING PERMIT TYPES. 29

SECTION 304           ZONING PERMIT GRANTED.. 30

SECTION 305           TERMINATION OF PERMIT.. 30

SECTION 306           CERTIFICATE OF ZONING COMPLIANCE. 30

SECTION 307           FLOOD PLAIN CERTIFICATE. 30

SECTION 308           STOP WORK ORDER.. 31

ARTICLE IV:                   ESTABLISHMENT AND DESIGNATION OF ZONING DISTRICTS  32

SECTION 400           ESTABLISHMENT OF DISTRICTS. 32

SECTION 401           ZONING MAP. 32

SECTION 402           INTERPRETATION OF DISTRICT BOUNDARIES. 32

SECTION 403           APPLICATION OF REGULATIONS. 33


ARTICLE V:  DISTRICT REGULATIONS. 34

SECTION 500           HAMLETS (HA) 34

SECTION 510           AGRICULTURAL/ RESIDENTIAL DISTRICT (AR) 36

SECTION 520           RURAL RESIDENTIAL DISTRICT (RR) 38

SECTION 530           GENERAL BUSINESS DISTRICT (GB) 40

SECTION 540           LIGHT INDUSTRIAL DISTRICT (LI) 42

SECTION 541           INDUSTRIAL (I) DISTRICT.. 45

SECTION 550           FLOOD HAZARD OVERLAY (F) 47

SECTION 560           HISTORIC DISTRICT OR LANDMARK (HD) 47

SECTION 570           WATERFRONT RESIDENTIAL (WR) 48

SECTION 571           WATERFRONT DEVELOPMENT (WD) 50

SECTION 585           ADULT BUSINESS OVERLAY DISTRICT.. 53

SECTION 590           PDD - PLANNED INDUSTRIAL/ COMMERCIAL DEVELOPMENT DISTRICT   54

SECTION 591...........................................               WIND ENERGY FACILITIES LAW            58

ARTICLE VI:       REGULATIONS APPLICABLE TO ALL ZONING DISTRICTS  81

SECTION 600           SIGNS. 81

SECTION 601           PARKING.. 88

SECTION 602           OFF-STREET LOADING.. 90

SECTION 603           ACCESS CONTROL. 90

SECTION 610           FENCES. 90

SECTION 612           RESTRICTIONS ON USE OF TRAILERS. 91

SECTION 615           CLEAR VIEW OF INTERSECTING STREETS. 91

SECTION 619           REQUIREMENTS FOR DWELLINGS. 92

SECTION 620           INDIVIDUAL MANUFACTURED HOMES. 92

SECTION 625           CAMPING UNIT/ RECREATIONAL VEHICLES. 93

SECTION 630           STATE ENVIRONMENTAL QUALITY REVIEW... 93

SECTION 640           NON-CONFORMING USES, LOTS AND STRUCTURES. 95

SECTION 641           CORNER AND THROUGH LOTS. 96

SECTION 650           PINBALL AND VIDEO GAME ARCADES. 96

SECTION 652           TEMPORARY SPECIAL EVENTS. 97

SECTION 660           ALTERNATIVE ENERGY SYSTEMS. 100

SECTION 670           HABITATION.. 100

SECTION 675           REFUSE CONTAINERS. 100

SECTION 680           SWIMMING POOLS. 101

SECTION 682           UTILITY SHEDS. 101

SECTION 695           HOME OCCUPATIONS. 102

SECTION 696           STRIPPING OF TOPSOIL. 103

SECTION 697           FARM ANIMALS. 103

SECTION 698           MANURE STORAGE FACILITIES. 104

SECTION 699           COASTAL EROSION HAZARD LAW... 105


ARTICLE VII:      SPECIAL PERMIT CRITERIA.. 106

SECTION 700           GENERAL PROVISIONS. 106

SECTION 701           AGRICULTURAL PROCESSING OR DISTRIBUTION FACILITY   107

SECTION 702           AIRPORTS. 107

SECTION 703           ANIMAL HOSPITAL AND VETERINARY CLINICS. 109

SECTION 705           BED AND BREAKFAST INN.. 110

SECTION 708           CAMPGROUNDS. 111

SECTION 710           CLUSTER RESIDENTIAL DEVELOPMENTS. 113

SECTION 711           CONFERENCE/ RESORT COMPLEX.. 113

SECTION 715           DRIVE-IN BUSINESS. 114

SECTION 720           ESSENTIAL SERVICES AND PUBLIC UTILITIES (Except for Telecommunications Facilities) 115

SECTION 722           EXCAVATION OR MINING - MAJOR.. 116

SECTION 723           EXCAVATION OR MINING (MINOR) 117

SECTION 730           FARM LABOR CAMPS. 121

SECTION 731           FARM MARKET.. 122

SECTION 735           GASOLINE STATION.. 123

SECTION 738           HEAVY INDUSTRY.. 123

SECTION 740           HOME BUSINESS [CLASS A.. 124

SECTION 741           HOME BUSINESS CLASS B.. 127

SECTION 743           HOTELS AND MOTELS. 130

SECTION 745           JUNK YARDS, AUTO WRECKING AND DISMANTLING YARDS  131

SECTION 747           KENNELS AND ANIMAL HOSPITALS. 131

SECTION 750           MANUFACTURED HOME PARK.. 132

SECTION 753           MARINA OR BOAT LAUNCH.. 148

SECTION 755           MOTOR VEHICLE, BOAT OR MANUFACTURED HOME SALES  149

SECTION 756           MOTOR VEHICLE REPAIR SHOPS. 150

SECTION 757           MOTOR VEHICLE SALES/ RENTAL. 151

SECTION 760           MULTIPLE FAMILY DWELLINGS. 153

SECTION 762           NEIGHBORHOOD BUSINESS OR PROFESSIONAL OFFICES  155

SECTION 764           OUTDOOR RECREATION FACILITIES, INCLUDING GOLF COURSES, HUNTING AND FISHING CLUBS, AND OPEN AIR THEATERS  156

SECTION 765           PONDS. 158

SECTION 770           PUBLIC AND SEMI-PUBLIC USES. 159

SECTION 780           RIDING STABLES. 161

SECTION 785           TELECOMMUNICATION FACILITY.. 162


ARTICLE VIII:              ADMINISTRATION AND ENFORCEMENT.. 168

SECTION 800           ENFORCEMENT.. 168

SECTION 801           DUTIES AND PROCEDURES OF THE ZONING ENFORCEMENT OFFICER   168

SECTION 810           CREATION, APPOINTMENT AND ORGANIZATION OF PLANNING BOARD   169

SECTION 820           ZONING BOARD OF APPEALS. 171

SECTION 834           PROCEDURES FOR PROCESSING A VARIANCE APPLICATION   173

SECTION 835           NOTICE OF PUBLIC HEARING.. 174

SECTION 836           MEETINGS OF THE ZONING BOARD OF APPEALS. 174

SECTION 840 - REQUIRED REFERRALS TO THE COUNTY PLANNING BOARD.. 175

ARTICLE IX:      SPECIAL USE PERMITS AND PROCEDURES. 177

SECTION 900           PURPOSE. 177

SECTION 901           ADMINISTRATION.. 177

SECTION 902           PROCEDURE. 177

SECTION 903           FINDINGS. 178

ARTICLE X:        SITE PLAN REVIEW... 181

SECTION 1000         PURPOSE. 181

SECTION 1001         APPLICATIONS. 181

SECTION 1002         PROCEDURE. 181

SECTION 1003 PREAPPLICATION CONFERENCE. 182

SECTION  1004 APPLICATION FOR SITE PLAN APPROVAL. 182

SECTION 1105 PLANNING BOARD REVIEW OF SITE PLAN.. 183

 


ARTICLE I:  ENACTMENT AND INTENT

 

SECTION 101          TITLE

 

The title of this code is the "Zoning Local Law of the Town of Yates, Orleans County, New York", and shall include this text, and zoning map. All existing Zoning Ordinances and Local Laws of the Town of Yates, Orleans County, New York, are hereby repealed upon the effective date of this Local Law.

 

SECTION 102          PURPOSE

 

This Zoning Local Law is adopted pursuant to the Town Law of the State of New York, to promote and protect the public health, safety and general welfare and in furtherance of the following related and more specific purposes:

A.                To protect the open, rural and natural character of the land.

B.                  To preserve the town's natural resources and habitats.

C.                 To guide and regulate the orderly growth, development and redevelopment of the Town of Yates in accordance with a well-considered plan and with long-term objectives, principles and standards deemed beneficial to the interest and welfare of the people.

D.                To encourage the use of alternative energy systems and protect solar and wind access.

E.                   To encourage the use of the Lake Ontario Waterfront in the Town of Yates, as a unique resource and to protect it from incompatible uses that may compromise the aesthetic quality of the area, increase the potential for flooding and erosion, or damage the natural environment in a way that restricts its use and enjoyment by the residents of the Town. 

 

SECTION 103          APPLICATION OF REGULATIONS

 

The regulations set by this Local Law shall be the minimum regulations within each district and shall apply uniformly to each class or kind of structure or use of land, except as hereinafter provided:

 

A.        No building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered except in conformity with all the regulations herein specified for the district in which it is located.

 

B.         No building or structure shall hereafter be erected or altered which:

 

            1.   Exceeds the height limitation for any structure within a specified district;

 

            2.   Accommodates or houses a greater number of dwelling units than is permitted within a specified zoning district;

 

            3.   Occupies a greater percentage of lot area than is permitted by the zoning schedule; or

 

            4.   Has narrower or smaller yards or other open spaces than herein required, or in any other manner con­trary to the provisions of this Local Law or the requirements of the Codes of New York State.

 

C.        No part of a yard or other open space, or off-street parking or loading space required about or in connec­tion with any building for the purpose of complying with the regulations set forth herein, shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building except as provided in Sections 601 and 602.

 

D.                No yard or lot existing at the time of enactment of this Local Law shall be reduced in dimension or area below the minimum requirements set forth herein.  Yards or lots created after the effective date of this Local Law shall meet or exceed the minimum requirements established herein.

 

E.         There shall be no more than one principal building on a single lot of record.

 

 

SECTION 104          CONFLICTS WITH OTHER LAWS

 

Whenever  the requirements of this Local Law are in conflict with the requirements of any other lawfully adopted rules, regulations, codes,  s or local laws, the most restrictive of such rules, regulations, codes, or  s or those imposing the higher standards shall govern.

 

 

SECTION 105          VALIDITY AND SEVERABILITY

 

Should any section of or provision of this Local Law be decided by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the Local Law as a whole, or any part thereof, other than the part so decided to be unconstitutional or otherwise invalid.

 

 

SECTION 106          FEES

 

Permit fees shall be collected and paid according to the fee structure in effect at the time of application.  A fee schedule is posted at the Town Clerk’s Office and Zoning Officer’s Office.

 

 

SECTION 107          VIOLATIONS AND PENALTIES

 

Any person, firm or corporation who violates, disobeys, neglects or refuses to comply with any provision of this Local Law shall be guilty of an offense, and upon conviction thereof, shall be subject to a fine of not more than $250.00 or imprisonment for a period not more than six (6) months or both.  Each week a violation is continued shall be deemed a separate offense.

 

 

SECTION 108          ACTIONS

 

A.        If the Zoning Enforcement Officer discovers a project commencing or operating without the required permits, he shall undertake enforcement actions as authorized by this Local Law and other provisions of NYS Law.

 

B.         The Town may maintain an action for a temporary restraining order, temporary injunction, or injunction to restrain, correct, or abate any violation of this Local Law or any failure to comply with any of the provisions of this Local Law.

 

 

SECTION 109          ENFORCEMENT OF ZONING LOCAL LAW

 

Any building or structure erected, or any use conducted without a zoning permit or certificate of compliance, where required, or not in conformity with the provisions of this Local Law, may be removed, closed or halted at once by the Zoning Enforcement Officer with the issuance of a stop order, with assistance, if deemed necessary, of any appropriate Town office or employee. 

 

SECTION 110          CONSISTENCY WITH COMPREHENSIVE PLAN

 

The provisions and regulations of this zoning Local Law and interpretations thereof, shall be made in accordance with the objectives of the Town’s Comprehensive Plan and shall be consistent with the comprehensive Local Waterfront Development  Policy (LWDP).  The LWDP is a document available for public review during normal business hours.

 

 

SECTION 111          EFFECTIVE DATE

 

This Local Law shall take effect 30 days after the adoption and filing with the Department of State as provided by the NYS Town Law and Municipal Home Rule Law.

 

 

SECTION 112          AMENDMENTS TO ZONING

 

A.        Procedure

 

            The Town Board may from time to time on its own motion, on petition or on recommendation of the Planning Board, and in accordance with the laws of the State of New York, amend, supplement or repeal the regulations, provisions or district boundaries of this Local Law, after public notice and hearing.

 

B.         Filing of Petition

 

            A petition to amend, change or supplement the text of this Local Law or any zoning district as designated on the Zoning Map established herein shall be filed with the Town Clerk and accompanied by the appropriate fees.  The Clerk shall transmit the documentation to the Town Board.  A petition for a change to the Zoning Map shall contain a map which clearly describes the affected property and its boundaries and shall indicate the existing zoning district and the requested zoning change.  In addition, every petition for a change to the Official Zoning Map shall contain an environmental assessment form completed and signed by the petitioner, or agent, in accordance with the procedures set forth in State Environmental Quality Review (SEQR) regula­tions.

 

C.        Referral to Planning Board

 

            Every such proposed amendment or change, whether initiated by the Town Board or by petition, shall be referred to the Planning Board for report thereon before the public hearing and within 45 days after the date of referral by the Town Board.  If the Planning Board shall fail to file such a report, it shall be conclusively presumed that the Planning Board has approved the proposed amendment, supplement or change.

 

D.        Public Hearing; Notice; Referrals; Recording of Actions

 

            The Town Board by resolution adopted shall fix the time and place of a public hearing on the proposed amendments and cause notice to be given as provided by Town Law or Municipal Home Rule Law.

 

            Unless otherwise provided, the provisions of the Town Law of the State of New York pertaining to public hearings, official notices, referrals to the County Planning Board, and proper recording of zoning actions taken by the Town Board shall apply to all amendments to this Local Law.

 

E.         Notification of Property Owners

 

For zoning map amendments initiated by petition, all property owners within a distance of 500 ft. of any proposed change or amendment shall be notified by mail.

 

The applicant shall place one (1) sign on the property for which a rezoning is requested.  Said sign shall be provided by the Zoning Officer.  The sign shall be placed in a location which is easily read from a public street.  The sign shall specify the date, time and place of the public hearing and a telephone number to call for more specific information.  Such sign shall be placed on the site not less than ten (10) days prior to the public hearing and shall be brought to the hearing by the applicant or his designated representative.

 

F.         Disposition Final; Rehearing on Petition

 

The disposition of a petition for amendment by the Town Board shall be final and disapproval or denial of the proposed amendment shall void the petition.  No new petition for an amendment which has been previously denied by the Town Board shall be considered by it, except for a vote to table or to receive and file, and no public hearing shall be held on such amendment within a period of one (1) year from the date of such previous denial unless the Planning Board shall submit a recommen­dation, with reasons stated therefore, certifying that there have been substantial changes in the situation which would merit a rehearing by the Town Board.  Such rehearing may be granted only upon a favorable vote of a majority of the Town Board plus one (1).

 


ARTICLE II:        DEFINITIONS

 

 

SECTION 200          WORD USAGE

 

For the purpose of this Local Law, certain words and terms used herein shall be interpreted as follows:

 

A.                The word "person" includes a firm, association, partner­ship, trust, company or corporation as well as an individual.

 

B.                  Words used in the present tense include the future tense.

 

C.                 All words in the plural number include the singular number and all words in the singular number include the plural number, except as to the number of permitted structures, unless the natural construc­tion of the wording indicates otherwise.

 

D.                The word "building" includes the word "structure".

 

E.                  The words "shall" and “must” are mandatory and not discretionary; "may" is permissive.

 

F.                  The words "used" or “occupied” include the words intended, designed or arranged to be used or occu­pied".

 

G.                 The word "lot" includes the words "plot", "parcel", "tract" or "site".

 

H.                The word "premises" includes a lot and all build­ings or structures thereon.

 

I.                    To "erect", to "construct" and to "build" a build­ing or structure each have the same meaning and also include to "excavate" for a building and to "relocate" a building by moving it from one location to another.

 

 

SECTION 210          DEFINITIONS

 

ACCESSORY BUILDING OR STRUCTURE:  A detached building or structure which: (1) is customarily incidental and subordi­nate to, and serves a principal building; (2) is subordinate in area, extent or purpose to the principal building served; (3) contributes to the comfort, convenience or necessity of occupants of the principal building use; and, (4) is located on the same parcel as the principal building.  This definition shall include detached decks and docks.  This definition shall exclude devices previously used for highway use, such as truck trailers.

 

ACCESSORY USE:  A use incidental and subordinate to the princi­pal use of a building on the same lot and serving a purpose customarily incidental to the use of the principal building.

 

AGRICULTURAL PRODUCT PROCESSING FACILITY:  A facility in which agricultural products, which are not produced on the premises, are altered for the purpose of canning, freezing, or other packaging, or are converted or incorporated into other products.

 

AGRICULTURAL PRODUCT DISTRIBUTION CENTER:  A facility in which agricultural products, which are not produced on the premises, are graded, sorted, and/or packaged for the purpose of distribution by truck, rail, or other means.

 

AGRICULTURE/ (FARMING):  The use of land for agricultural production purposes including, tilling of the soil, dairying, pasture, animal and poultry husbandry, apiculture, arboriculture, horticulture, floriculture, viticulture, and accessory uses for packing, storing, processing and retail sales of products, provided that the operation of any such accessory uses shall be secondary to that of the principal agricultural production activities.

 

AIRPORT:  Any area of land designed for the operation of general aviation aircraft, including hangars for storage and servicing, taxiways, landing strips and accessory uses.

 

AIRSTRIP, PRIVATE:  An airport, as defined above, used solely for the benefit of the landowner and for emergency landing when necessary. For the purpose of this Local Law, Private Airports shall meet the same regulations as “Airport.”

 

ALTERATION:  As applied to a building or structure; (1) the change or rearrangement in the supporting members of a building or structure such as bearing walls, columns, beams or girders or in the exit facilities; (2) an enlarge­ment of a building or structure, whether by extending on a side or by increasing in height; (3) the moving from one location or position to another; or (4) any alteration whereby a struc­ture is adapted to another or different use, including any separation into rooms or spaces by the installation of non-bearing partitions;  or (5) the installation, replacement or alteration of mechanical systems.

 

ALTERNATIVE ENERGY SYSTEMS:  Structures, equipment, devices or construction techniques used for the production of heat, light, cooling, electricity or other forms of energy on site and may be attached to or separate from the principal structure.  Current examples include windmills, solar collectors and solar greenhouses, heat pumps, or other related devices.  For the purposes of this Local Law, this definition shall apply to individual residences and businesses.  Commercial generating plants, the prime function of which is selling energy, are excluded.

 

AMUSEMENT CENTER:  Any indoor place or enclosure in which is maintained or operated for the amusement, patronage, or recreation of the public three (3) or more coin-controlled amusement devices, including the type commonly known as bagatelle, baseball, football, pinball, and video games.

 

ANIMAL HOSPITAL OR VETERINARY CLINIC -- The premises or buildings used for the diagnosis, treatment or other care of the ailments of domesticated, household or farm animals, which may include related facilities, such as laboratories, offices and temporary quarters for such animals.

 

ANIMAL HUSBANDRY -  The raising or keeping of one (1) or more cows, cattle, horses, mules, hogs, sheep, goats, donkeys, oxen, or other similar animals, or the raising or keeping of more than four (4) ducks, chickens, rabbits, geese, quail, chinchillas, mink, or any similar small animals, but not including dogs and cats.  Such uses include the pasturing, feeding, and sheltering of such animals.

 

ANIMAL UNIT – The equivalent of 1000 pounds of farm animal.

 

ANTENNA(E) - A system of electrical conductors that transmit or receive electronic frequency signals.  Such signals shall include, but not be limited to radio, television, cellular, paging, and personal communication services (PCS).

 

APARTMENT:  A dwelling unit within a two-family or multi-family dwelling that is intended to be leased or rented.  This term shall not be deemed to include a motel, hotel, boarding house or travel trailer.

 

AUTOMOBILE WRECKING:  The dismantling or disassembling of used motor vehicles, mobile homes or manufactured housing; or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.

 

BAIT AND TACKLE SHOP:  Store for retail sales of live bait, fishing equipment and small fishing accessories.

 

BED AND BREAKFAST:  A single-family dwelling where overnight lodging, with or without the service of meals, is offered to transient guests for compensation.  Such use shall be clearly incidental and secondary to the principal use of the dwelling.  This term includes hostels and Tourist Homes establishments but does not include hotels, tourist courts, motor lodges, tourist cabins or similar terms.

 

BUFFER AREA:  A continuous strip of land area covered with grass, vegetation, trees, fencing, embankments or berms, designed to provide a physical screen to limit visibility between uses and reduce the escape and/or intrusion of litter, fumes, dust, noise, or other noxious or objectionable elements.

 

BUILDING:  Any structure that is permanently affixed to the land, has one or more floors and a roof, and is intended for the shelter, housing or enclosure of persons, animals, or property.

 

BUILDING CODE:  The Codes of New York State, which govern building construction, renovation and property maintenance.

 

BUILDING COVERAGE, PERCENT OF:  The percent of building coverage of any lot shall be equal to one hundred (100) times the ratio of the gross horizontal area of all principal and accessory buildings that have roofs on them (in­cluding covered breeze­ways, covered porches, covered canti­levered structures, etc.) measured from the exterior faces of the exterior walls but shall not include any structure (such as a patio or deck) that does not have a roof, divided by the horizontal area of the lot. 

 

BUILDING HEIGHT ‑ The vertical distance measured from the mean level of the ground surrounding the structure to the highest point of the structure, but not including chimneys, spires, tanks, and similar projections

 

BUILDING LINE:  A line formed by the intersection of a horizon­tal plane at an average grade level and a vertical plane that coincides with the exterior surface of the build­ing or a projected roof or porch.  The vertical plane will coincide with the most projected surface, excluding steps and overhanging eaves less than two (2) feet in width.  All yard and setback requirements are measured to the building lines.

 

BUILDING PERMIT:  A document issued by the Code Enforcement Officer authorizing the construction and occupancy of structures  in accordance with the Codes of New York State.

 

BUILDING, PRINCIPAL:  A building in which is conducted the main or principal use of the lot on which said building is situated.  In any residential district any dwelling shall be deemed to be a principal building on the zone lot on which the same is located.

 

BUSINESS:  Includes the purchase, sale or any other transaction involving the handling, servicing or disposition of any article, substance or commodity, tangible or intangible, and includes offices, recreational and amusement enterprises and any operation where the above‑described activities are conducted in return for remuneration of any type.  For the purpose of this Local Law, "business" shall have the same meaning as commercial, and refer­ence to commercial districts or zones shall be interpreted as referring to business districts.

 

BUSINESS, DRIVE-IN:          A traffic-generating facility where a product is sold or a service performed for customers while they are in or near their motor vehicles in off-street parking or service areas.  This term includes convenience store, drive-in banking, restaurant, fast food service, drive-in photo processing, drive-in outdoor theatres, autowash or similar use.  This term shall not include retail gasoline services.

 

BUSINESS, GENERAL:  Any establishment engaged in the sale of goods or services not otherwise identified in this section.

 

BUSINESS, NEIGHBORHOOD:  Small commercial establishments, containing less than 10,000 square feet in gross floor area, catering primarily to nearby residential areas or tourists and providing convenience and/or specialty goods and services including but not limited to grocery stores, gift shops, drug stores, beauty salons, barber shops, carryout dry cleaning and laundry pickup stations.

 

BUSINESS, RETAIL:  A commercial activity designed for and primarily characterized by the on-premises sale of goods directly to the ultimate individual and household consumer, but also including servicing, preparation, storage and wholesale business transactions related to such goods and customarily associated therewith but clearly incidental thereto. This term shall not include commercial activity which may also be similarly characterized, but which is separately identified as a use permitted within a zoning district.

 

BUSINESS, SERVICE:            A business primarily involved in the provision of services, rather than goods, to other businesses or to the general public. This term shall not include any service activity which may also be similarly characterized, but which is separately identified as a use permitted within a zoning district.

 

CAMPING UNITS:    See Recreational Vehicle 

 

CAMPGROUND:  A parcel of land used or intended to be used, let or rented for transient, vacation and recre­ational occupancy by travel trailers, campers, tents, recreational vehicles, motor

homes and the motor vehicles propelling or carrying the same, but excluding mobile homes or manufactured housing designed for year-round occupancy or as a place of residence.

 

CAR WASH:  A structure or building designed for the washing, waxing, or similar treatment of automotive vehicles as its principal function.  A GAS STATION having portable washing equipment shall not be deemed to be a car wash where such is an accessory service to the principal service of the GAS STATION.

 

CARPORT:  A roofed structure without enclosing walls, used for the storage of one or more vehicles.

 

CEMETERY OR BURIAL GROUND:           A tract of land for the disposal or burial of deceased human beings or remains in a grave, mausoleum, vault, columbarium or other receptacle.  The provisions of this Local Law shall apply to all cemeteries and burial grounds including those owned by a religious corporation, municipal corporation, or a cemetery corporation owning a cemetery operated, supervised or controlled by or in connection with a religious corporation.

 

CERTIFICATE OF COMPLIANCE:  A certificate issued by the Zoning Enforcement Officer upon completion of the change in use of an existing building or upon the completion of a project requiring site plan approval.  Said certifi­cate shall ac­knowledge compliance with all requirements of the Town's Code, Ordinances, Local Laws, Variances and Special Permits in existence as of the date of the issuance of the Certificate of Compli­ance.

 

CERTIFICATE OF OCCUPANCY:  A certificate issued by the Code Enforcement Officer upon completion of construction or alteration of a building.  Said Certificate shall acknow­ledge compliance with all of the requirements of the Codes of New York State.

 

CHARTER BOAT SERVICES;  A waterfront facility having docks and moorings for small boats, where engagement of services include a boat, crew, and captain for a fee, or other remuneration.

 

CHURCH:  See PLACE OF WORSHIP

 

CLEAR SIGHT TRIANGLE:  An area of unobstructed vision at street intersections defined by lines of sight between points at a given distance from the intersection of street right-of-way lines.

 

CLUB:  Any organization catering to members and their guests, or a building or premises used for recreational, general, social, or athletic purposes not open to the general public.  Clubs shall not be conducted primarily for gain, and vending stands, merchandising, or commercial activities shall not be conducted except as required for the membership and purposes of such club.  For the purpose of this Local Law, this term shall include:  religious organizations; lodges; fraternal organizations; mutual benefit societies; snowmobiling, archery or hunting clubs; and other similar organizations.

 

CLUSTER DEVELOPMENT:  A development of residential lots, some of which may contain less area than the minimum lot area required for the zone within which such development occurs, while maintaining the density limitation imposed by said minimum lot area through the provision of open space as part of the site development plan.

 

 

 

COMMERCIAL USE – Includes the purchase, sale or any other transaction involving the handling, servicing or disposition of any article, substance or commodity, tangible or intangible, and includes retail or wholesale trade, services, offices, recreational and amusement enterprises and any operation where the above‑described activities are conducted in return for remuneration of any type.

 

COMMERCIAL VEHICLE -- Any vehicle in excess of twenty (20) feet in length carrying a valid commercial New York State registration license plate, which is used for the transportation of persons, animals or goods, primarily for profit, or carries a permanently affixed business identification sign exceeding one (1) square foot in area; or any vehicle used for earthmoving or construction purposes.

 

COMMERCIAL VEHICLE:  Every type of motor vehicle driven or used for commercial purposes on the highways, such as the transportation of goods, wares and merchandise, motor coaches carrying passengers, and trailers and semi-trailers, including tractors when used in combination with trailers and semi-trailers.

 

COMMON AREA:  Space reserved for use by any and all resi­dents of a housing development including, but not limited to, halls, stairways and landings in apartment houses. 

 

COMMUNICATION TOWER:  See "TELECOMMUNICATIONS FACILITY".

 

CONFERENCE/ RESORT COMPLEX:  Grounds or facilities used or designed for use by the public or for groups for meetings, conferences or recreational purposes.  This definition shall not include membership clubs or public parks and playgrounds, as defined under "Public and Semi-Public Buildings and Grounds."

 

CONVENIENCE STORE – A retail store containing less than 3,000 square feet of gross floor area that is designed and stocked to sell primarily food, beverages and household supplies to customers who purchase relatively few items.  Such an establishment may include the sale of prepared foods, such as sandwiches, soups, ice cream, etc. for consumption on or off the premises and may include indoor seating for such purposes.  A convenience store shall meet all of the requirements for a “gas station” if it includes the retail sale of gasoline or other vehicular fuels.

 

COUNTY PLANNING BOARD - The Planning Board of the County of Orleans.

 

CORNER LOTS:  See LOT, CORNER.  

 

COVERAGE ‑ That percentage of the plot or land area covered by the building area.

 

CURB CUT - The opening along a street at which point vehicles may enter or leave the roadway.

 

DAY CARE, CHILD – The care for a child on a regular basis provided away form the child’s residence for less than twenty-four (24) house per day by someone other than the parent, step-parent, guardian or relative within the third degree of consanguinity of the parents or step-parents of such child

 

DAY CARE HOME, FAMILY – A residence in which child day care is provided on a regular basis for more than three (3) hours per day per child for three to six children for compensation or otherwise. 

 

DAY CARE HOME, GROUP FAMILY – A residence in which child day care is provided on a regular basis for more than three (3) hours per day per child for seven (7) to twelve (12) children for compensation or otherwise.

 

DAY CARE CENTER, CHILD – A program or facility which is not a residence in which child dare care is provided on a regular basis to more than six (6) children for more than three (3) hours per day per child for compensation or otherwise. 

 

DEPARTMENT OF ENVIRONMENTAL CONSERVATION - The New York State Department of Environmental Conservation (NYS DEC)

 

DEPARTMENT OF HEALTH - The New York State Department of Health and any other health board or department estab­lished pursuant to the laws of the State of New York and having authority for the regulation of matters pertaining to the public health of the Town.

 

DEVELOPMENT:  Any change made to improved or unimproved real estate including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, excluding normal maintenance to farm roads.

 

DISTRIBUTION CENTER -- A truck terminal facility at which any storage of goods or chattels is minor, transitory and merely incidental to the purpose of facilitating the transportation of goods or chattels.

 

DOG - Any member of the species “canis familiaris”, regardless of age, sex or breed. (As defined by NYS Department of Agriculture & Markets)

 

DRIVE-IN SERVICE:  See BUSINESS, DRIVE-IN

 

DRIVEWAY:  A roadway providing a means of access from a street to a property or off-street parking area.  An accessway may also be deemed a driveway.

 

DWELLING:  Any building or portion thereof designed or used exclusively as a residence or sleeping place for one (1) or more persons.

 

            SINGLE FAMILY:  A detached residential dwelling designed for and occupied by one family only.

 

            TWO-FAMILY:  A detached or semi‑detached building where not more than two (2) individual family or dwelling units are entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or to a common cellar.

 

MULTI-FAMILY:  A building or portion thereof used or designed as a residence for three (3) or more apartment or dwelling units.

 

           

 

DWELLING UNIT:  One room or rooms connected together for owner occupancy or rental or lease on a weekly, monthly or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities, designed for occupancy by one family.

 

EASEMENT:  A specified (limited) use of private land for a public or quasi-public purpose.

 

EFFICIENCY APARTMENT ‑ A multiple dwelling unit in which the sleeping area and living room are one.

 

ESSENTIAL SERVICES AND PUBLIC UTILITIES:  Erection, construction, alteration, operation or maintenance by municipal agencies or public utilities of telephone dial equipment centers, electrical or gas substations, water treatment or storage facilities, pumping stations and similar facilities, but shall not include telecommunications facilities as defined herein, and shall not include landfills, waste transfer stations or other facilities with the primary purpose of handling or disposing of household or industrial waste.

 

EXCAVATION (Quarry, Sand Pit, Gravel Pit, Topsoil Stripping:  A lot or land or part thereof used for the purposes of extracting stone, sand, or gravel for sale, as an industrial or commercial operation, but does not include the process of grading a lot preparatory to the construction of a building which has an approved zoning permit.

 

FAMILY:  One or more persons, usually but not necessarily related by blood, marriage or adoption, living together as a single, not-for-profit housekeeping unit.

 

FAMILY DAY CARE HOME:  See DAY CARE,  HOME (FAMILY)

 

FARM:  See AGRICULTURE

 

FARM ANIMAL:  This term shall include horses, cows, goats, sheep, pigs, rabbits, fowls, llamas, and other similar animals.

 

FARM BUILDING:  Any building used for the housing of agricultural equipment, produce, livestock or poultry or for the inci­dental or customary processing of farm products, and provided that such building is located on, operated in conjunction with, and necessary to the operating of the farm as defined herein. 

 

FARMER:       Any person who grosses an income of $10,000 from agriculture and who files a Schedule F, IRS Farm Income Form, with their Federal Tax Return.

 

FARM LABOR CAMP

           

            PRIVATE:  Any structure or combination of structures, building or buildings in which people are housed on a farmer’s own land who are employed in the individual farmer’s personal farming operation, on that farmer’s land or land that he has under his control by a valid and existing lease.

           

            COMMERCIAL:        Any structure or combination of structures designed or intended to be used for the housing of persons engaged in casual or per diem labor on a profit basis for farmers other than the owner of the camp.

 

FARM MARKET:  A structure with more than 120 square feet of gross floor area intended for the display and sale of farm produce and other agricultural products or crafts. 

 

FARM PRODUCE STAND OR SEASONAL ROADSIDE STAND:  Retail outlet, consisting of non-permanent struc­tures (movable and temporary), for the sale of agricul­tural products grown principally by the operator during the harvest season.   (See also "Farm Market.")

 

FENCE:  A barrier, as of wooden or metal posts, rails, wire mesh, etc. , used as a boundary, decorative enclosure, means of protection or confinement.

 

FENCING, FARM:  Any barrier, fencing , screening or buffering that specifically meets the needs of agricultural land use.

 

FLAG LOT:  A type of lot (commonly flag‑shaped in configuration) in which street frontage is provided by a strip of land which is narrow in relation to the remainder of the lot and which extends from the main body of the lot to the street.  A lot which does not physically front on or abut a street, but which has access to a street by means of an easement over other property, shall be deemed to be included in this definition.  The portion of the lot that provides access to the interior portion of the lot shall not be less than twenty (20) feet in width, shall not be considered buildable and shall not be used in the calculation of the minimum lot area requirements for the zone district.  The interior portion of the lot shall meet the minimum lot area requirements for the zone district.

 

            FLAG LOT, ACCESS PORTION:  The panhandle portion of a flag lot having at least twenty (20) feet in lot width and which pro­vides an access corridor between a public road, street or highway right-of-way to the interior portion of a flag lot.

 

                FLAG LOT, INTERIOR PORTION:  That portion of a flag lot having sufficient lot area, width and depth to meet the minimum requirements of the zone district, and which excludes the access portion of the lot.

 

FLOOD HAZARD AREA:    Areas subject to a 1% or greater chance of flooding in any given year as shown on the FEMA Flood Insurance Rate Map.  Refer to Town of Yates - Flood Hazard  Ordinance.

 

FLOOR AREA, GROSS:  The sum of the gross horizontal areas of the floor(s) of a building or buildings, measured from the inside faces of exterior walls or from the center line of walls separating two uses or dwelling units.

 

FLOOR AREA, HABITABLE:  The sum of the gross horizontal areas of the floor or floors of a building which are enclosed and usable for human occupancy or the conduct of business, as defined in the Codes of New York.

 

FRONTAGE:  All of the property abutting one side of a road, street, or thoroughfare, measured along the road, street or thoroughfare line.

 

FUEL OIL STORAGE -- Premises used for the storage of fuel oil, kerosene or other combustible fuel in tanks for the sale by motor vehicle or other means of conveyance to purchasers at some other location, and excluding gasoline storage tanks used at gasoline stations for retail sales or tanks used by individuals when fuel is not sold.

 

FUNERAL HOME -- A building or portion thereof, with or without an accessory dwelling unit, used principally for preparing cadavers for interment, including embalming, holding wakes or conducting funeral services. The term shall include a mortuary, but shall not include a crematorium.

 

GARAGE, PRIVATE:  An accessory building which provides for the storage of motor vehicles or household items by the occupants on the lot upon which it is erected, with no provision for repairing or servicing such vehicles for profit.  A garage cannot serve as the principal use on any lot.

 

GARAGE, PUBLIC:  Any garage other than a private garage, operated for gain, available on a rental basis for the storage of motor vehicles, recreational vehicles, boats or other tangible personal property. 

 

GASOLINE STATION -- Any building, land area or other premises or portion thereof used or intended to be used primarily for the retail dispensing or sales of vehicular fuels and which may include, as an accessory use, the sale and installation of lubricants, tires, batteries and similar accessories. A convenience store shall meet all of the requirements of a "gasoline station" if it includes the retail sales of gasoline or other vehicular fuels.

 

GRAVEL OR SAND PIT ‑ See “Extraction of stone and other mining operation.”

 

GREEN SPACE -- Land areas covered only by grass, trees or other vegetation.

 

HARD SURFACE:     Minimum 3 inches of asphalt, 4 inches of concrete or 6 inches of crushed stone.

 

HISTORIC DISTRICT OR LANDMARK     Any area in the Town identified as a site of historical or cultural significance with certain rules and regulations governing both land and structures therein.

 

HOME BUSINESS – An accessory use, other than a “Home Occupation” as defined herein, that is conducted within a single family, occupied dwelling or an attached or detached accessory structure (including a barn) for gainful employment  and involves the manufacture, provision or sale of goods and/or services principally on the premises.

 

HOME OCCUPATION -- Any occupation or profession conducted as an accessory use entirely within a dwelling or accessory building by the occupants of the dwelling, which is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof.  By definition, a home occupation involves no client or customer visits to the dwelling, is not evident by observation from the street or any of the adjoining properties, and meets all of the criteria specified in Section 695 of this Local Law.  (See also “Home Business.”)

 

HOSPITAL -- An institution providing health services and medical or surgical care, primarily for temporary inpatients, to persons suffering from illness, disease, injury, deformity or other abnormal physical or mental condition, and including as an integral part of the institution related facilities such as laboratories, outpatient facilities or training facilities.

 

HUNTING/ FISHING CLUB – A facility, whether open to the public or limited to members of a group, which offers such activities as game hunting, fishing, trap or skeet shooting, target shooting, target practice, game farms, and related uses such as assembly halls or sales of bait or equipment.  The term includes rod & gun clubs and sportsmen’s clubs.

 

INDUSTRY, HEAVY -- A use engaged in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials or a use engaged in storage of or manufacturing processes using flammable or explosive materials or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions.

 

INDUSTRY, LIGHT -- A use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales and distribution of such products, but exclusive of basic industrial processing and storage of flammable or toxic materials. "Light industry" is also exclusive of uses that require heavy, noisy or otherwise objectionable disturbances, such as vibration, dust and odors.

 

JUNK YARD:  A lot, land or structure or part thereof used for the collection, storage, disassembly, packing, sorting, salvage, buying, selling or exchange of waste paper, rags, scrap, or discarded materials or machinery, or parts of any sort.  More than two (2) abandoned, unregistered, disabled, dismantled, or partly dismantled vehicles, or pieces of equipment, allowed to remain unhoused on a premises for a period of more than thirty (30) days shall constitute a junkyard.  Also, the unhoused storage, sale, or abandonment of waste paper, rags, scrap metal, discarded materials, or the collecting, dismantling, storage, salvaging or abandonment of machinery, appliances or vehicles not in operating condition shall constitute a junkyard.  Automobile junkyards as defined in General Municipal Law, Section 136 shall be included within this definition.

 

KENNEL:  Any premises, and/or structure in or on which four (4) or more dogs, or ten (10) or more cats or a comparable number of other domestic animals which may be considered to be household pets of at least four (4) months of age, are housed and maintained for commercial or non-commercial purposes for a continuous period of 24 hours or more.  A kennel is a separate dwelling and/or building and not part of a residence occupied by a person or human

 

LOADING SPACE, OFF-STREET:  Space logically and conven­iently located for public pickups and deliveries, scaled to deliv­ery vehicles expected to be used and accessible to such vehi­cles.

 

LOCAL  WATERFRONT DEVELOPMENT AREA:  The area along the Town’s Lake Ontario Coastline to the north, boundary line with the Town of Somerset to the west, the boundary line with the Town of Carlton on the east and the Lakeshore Road to the south;  the property known as “The Morrison Site” and the Johnson Creek floodplain upstream to the Woodworth Road.  This area is defined on the Maps that are included in the town’s Local Waterfront Development Policy (LWDP). 

 

LOT:    A parcel or area of land, the dimensions and extent of which are determined by the latest official records or recordings.

 

            CORNER LOT:  A parcel of land at the junction of, and fronting on two or more intersecting streets, roads, or thoroughfares.

 

            THROUGH LOT:  An interior lot having frontage on two parallel or approximately parallel streets, roads, or thoroughfares.

 

LOT AREA:  The square footage or acreage contained within the boundaries of a lot.  Any portion of a lot included in a public road, street or highway right-of-way shall not be included in calculating lot area.

 

LOT DEPTH:  The mean distance from the right of way line of the street to the rear lot line measured in the general direction of the side lines of the lot. 

 

LOT FRONTAGE:  The linear distance along a lot line which adjoins the road or highway which provides access to the lot.

 

LOT LINE:  The property lines bounding the lot:

 

            1.         Lot Line, Front:  The line separating the lot from a street right-of-way.

 

            2.         Lot Line, Rear:  The lot line opposite and most distant from the front lot line.

 

            3.         Lot Line, Side:  Any lot line other than a front or rear lot line.

 

LOT OF RECORD:  A parcel of land properly recorded with the County Clerk and assigned a unique tax parcel identification number at the time of passage of this Local Law.

 

LOT WIDTH:  The width of the lot between side lot lines at the front building line as prescribed by the front yard and setback regulations.

 

MANUFACTURED HOME: A factory-manufactured home, built on a permanent steel-framed chassis in accordance with federal Department of Housing and Urban Development (HUD) standards and designed to be transported to a site in one section, which is intended to be used as permanent living quarters by a single family unit when connected to the required plumbing, heating and electrical utilities.  For the purpose of this Local Law, the removal of transport wheels and/or the anchoring of the home to a permanent foundation shall not remove it from this definition.  A “Single-Wide Manufactured Home” is a manufactured home with a width at its narrowest dimension of less than 20 feet.

 

MANUFACTURED HOME PARK:  Any site, lot, field, plot, parcel or tract of land on which two (2) or more manufactured homes are parked or located and are occupied or intended for occupancy on the premises, and for which either the said premises or manufactured home is offered to the public for a fee of any type, including cost sharing.  This includes the rental of the premises and/or the manufactured homes.

 

MANURE STORAGE FACILITY – A facility constructed as an accessory use to an animal husbandry use, riding stable, or kennel, intended to collect, hold, process, store, treat, or distribute animal solid and liquid waste.  Included within this definition are storage tanks, lagoons, seepage pits, drains, and collection systems intended to handle animal waste.  Not included within this definition are systems designed and constructed to handle human waste.

 

MARINA:       A lot, building, structure, pier, dock or portion thereof located with shoreline frontage and access to navigable water and used for the launching, mooring, rental, sale, fueling and/or repair of watercraft and including such boat storage, boat launch facilities, and such sales of bait, tackle and marine supplies as may be accessory to such marinas.  The term “marina” shall include “yacht club,” but shall exclude non-commercial facilities that are accessory to a single or two-family residence.

 

MEDICAL OFFICES/CLINICS  -- A facility or institution, whether public or private, where medical or dental care is furnished to persons on an outpatient basis by one (1) or more doctors or dentists; a place for the care, diagnosis and treatment of sick, ailing, infirm or injured persons and those who are in need of medical or surgical attention but who are not provided with board or room or kept overnight on the premises; a facility for human ailments operated by a group of physicians, dentists, chiropractors or other licensed practitioners for the treatment and examination of outpatients.

 

MINING:  The use of an area of land to remove minerals, metals or other items of value from the ground for a profit, including gas and oil wells.

 

MODULAR HOME A factory-manufactured dwelling having no permanent support frame and designed to be transported to a site in one or more sections for erection, construction, or installation as a permanent structure.  Modular Homes shall be affixed to a permanent site-built foundation and shall meet the requirements of the Codes of New York State.  For the purposes of this Local Law, Modular Homes shall be regulated as a dwelling.

 

MOTEL:  A building or group of buildings, whether detached or in connected units, used as individual sleeping or dwelling units, designed primarily for transient automobile travelers and providing accessory off-street parking facilities.  A restaurant, tearoom or similar establishment located on the same premises as a motel shall be considered as an accessory use. The term motel includes facilities designated as tourist courts, motor lodges and similar uses. 

 

MOTOR VEHICLE:  Any vehicle designed to be propelled or drawn by power other than muscle power, except electrically driven wheelchairs being operated or driven by an invalid.  This term shall include automobiles, trucks, buses, motorcycles, tractor-trailers, boats, motorhomes, snowmobiles, all-terrain vehicles and garden and lawn tractors.

 

MOTOR VEHICLE REPAIR SHOP:  A building, or portion of a building, arranged, intended or designed to be used for making repairs to motor vehicles for compensation.

 

MOTOR VEHICLE SALES -- Any area of land, including structures thereon, the principal use of which is the display or sale of new and/or used automobiles, motorcycles, trucks, cargo trailers, boats, recreational vehicles or other vehicles, and which may or may not include the repair of vehicles as an accessory use. Enclosed showrooms and open display areas are included in this definition. The sale of motor fuels is not included in this definition.

 

MOTOR VEHICLE SALES AREA ‑ An open area, other than a street, used for the display, sale or rental of new or used motor vehicles or trailers in operable condition where no repair work is done.

 

NON-CONFORMING BUILDING, STRUCTURE OR USE:  A building, structure, or use of land which was lawfully existing prior to the adoption or amendment of this Local Law, but which fails to conform to the regulations of the zoning district in which it is now located by reason of such adoption or amendment.

 

NON-CONFORMING LOT:  A lot of record existing at the date of the enactment of this Local Law which does not have the minimum width, depth or area for the district in which it is located.

 

NURSING OR CONVALESCENT HOME -- A structure designed or used for residential occupancy and providing limited medical or nursing care on the premises for occupants, but not including a hospital.

 

OFFICE BUILDING:  A building in which office use comprises more than fifty (50) percent of the total floor area.  This does not include home occupations, where offices are a secondary or incidental use.

 

OPEN STORAGE:  An unenclosed area used for temporary or seasonal stor­age of vehicles, materials, building supplies, stock, or supplies for later use in conjunction with a permitted principal use, accessory use, or special permitted use.

 

PARK, PRIVATE, NON‑COMMERCIAL:  Outdoor recreation facilities, operated by a non‑profit organization and open only to bona fide members of such non‑profit organization.

 

PARK OR RECREATION AREAS, PUBLIC:  Outdoor recreation facilities or other entertainment facilities operated as a non‑profit enterprise by the Town of Yates, any other governmental entity or any non‑profit organization and open to the general public. 

 

PERCOLATION RATE - The rate in minutes per inch as determined by following the test procedure as set forth in the most recent edition of the New York State Waste Treatment Handbook as published by the New York State Department of Health.  Said percolation rates must be obtained from the area of the site on which a septic system leach bed is intended to be constructed, or would normally be constructed.  For the determination of minimum lot sizes in accordance with this Local Law, such percolation tests must be taken in native soil.

 

PARKING SPACE:  Space available for the parking of one motor vehicle and having an area of not less than 200 square feet (10 by 20 feet), exclusive of passageways and driveways providing access thereto.

 

PARKING, OFF-STREET:  An off-street area with an appropriate means of vehicular access to a street, intended for the temporary storage of vehicles.

 

PERMITTED USE (or USE OF RIGHT):  A land use listed in the Zoning District regulations of this Local Law as permitted.

 

PINBALL AND VIDEO GAME ARCADE:  See “Amusement Center.”

 

PLACE OF WORSHIP – Any church, synagogue, temple mosque or similar structure used for worship or religious instruction including social and administrative rooms accessory thereto.

 

PLANNING BOARD - The Planning Board of the Town of Yates.

 

POND, AESTHETIC:  Any artificially constructed body of water less than 1.0 acre in surface area

 

POND, FARM: Any artificially constructed body of water greater than 1.0 acre in surface area whose use is to enhance the agricultural process, or for protection, conservation water supply, of flooding or drainage control.

 

 

PRINTING/PUBLISHING ESTABLISHMENT -- A business for the printing of books, magazines or other publications, excluding retail sales of such products on the premises.

 

PRINCIPAL BUILDING:  A building in which is conducted the main or principal use of the lot on which said building is located.

 

PRINCIPAL USE:  The main or primary purpose for which a build­ing, structure or lot is to be used.

 

PROFESSIONAL OFFICES:  The office or place of business where professional services are offered and do not involve the sale of goods, or the keeping of a stock in trade.  Professional offices include but are not limited to, medical doctors, dentists, attorneys, architects, engineers, planners, accountants, real estate brokers, insurance brokers, psychologists and chiropractors.

 

PUBLIC AND SEMI-PUBLIC USES:  This definition is intended to include, but not be limited to, any one (1) or more of the following uses, including grounds and accessory buildings necessary for their use:

            1.         Cemeteries and associated uses.

            2.         Churches, places of worship, parish houses and convents.

            3.         Public or semi-public parks, playgrounds and recreational areas when authorized or operated by a governmental authority, school, or religious institution.

            4.         Nursery schools, elementary schools, high schools, colleges, or universities.

            5.         Public libraries and museums.

            6.         Not-for-profit fire, ambulance and public safety buildings.

            7.         Administrative office buildings and related facilities operated by public agencies.

            8.         Proprietary or not-for-profit hospitals for the care of human beings, nursing homes, convalescent homes for adults, or homes for the aged as the same are defined under the Public Health Law or the Social Services Law of the State of New York, provided that they are duly licensed by the State of New York.

            9.         Not-for-profit membership corporation or club established for cultural, social, or recreational purposes.

            10.       Day care centers approved by the New York State Department of Social Services.

 

RECREATION, COMMERCIAL INDOOR -- A building, structure or portion thereof used principally for indoor recreation, sports or leisure activity, conducted as a commercial enterprise or otherwise as a principal use. The term includes, but is not limited to, billiard parlors, bowling halls, live or motion-picture theaters, amusement or video game centers, indoor sports facilities, gymnasiums, physical fitness centers, martial arts schools and dance schools. The term does not include adult entertainment establishments, special events facilities or indoor recreation as a community facility or as an accessory use for an institutional use, membership club or nonprofit organization.

 

RECREATION FACILITY, OUTDOOR -- Land developed by a private sponsor with facilities for passive recreation, e.g., trails and picnic areas, and/or with facilities for active outdoor

 

individual or organized recreation, e.g., ball fields, tennis courts, swimming pools, ski trails, and ice-skating areas.  This definition includes golf courses, hunting and/or fishing clubs, and open air theaters or drive-in theaters.  This definition does not include arenas, stadia or other facilities for the accommodation of more than 200 spectators, campgrounds, or racetracks or other facilities featuring activities involving motorized vehicles.

 

RECREATIONAL VEHICLE:  A vehicle type unit primarily designed as temporary living quarters for recreational, camping or travel use, which either has its own motive power or is mounted on or drawn by another vehicle.  The basic types are:

 

                A.            Travel Trailer

A vehicular portable unit, mounted on wheels, of such a size or weight as not to require special highway movement permits when drawn by a motorized vehicle, and of a body width of no more than eight feet and six inches (8'6"), excluding awnings, and a body length of no more than forty (40) feet when factory equipped for the road.

 

                B.            Tent Camper

                                A portable unit mounted on wheels and constructed with collapsible partial side walls which fold for towing by another vehicle.

 

                C.            Truck Camper

                                A portable unit, designed to be loaded onto, or affixed to, the bed or chassis of a truck.  Truck campers are of two basic types:

                                1.             Slide-in camper - A portable unit designed to be loaded onto and unloaded from the bed of a pickup truck.

                                2.             Chassis-mount camper - A portable unit de­signed to be affixed to a truck chassis.

 

                D.            Motorhome

                                A vehicular unit built on a self-propelled motor vehicle chassis.

 

RESIDENTIAL CONVERSION:  The conversion of the use of a building from non-residential to residential use or the structural alteration of an existing residential struc­ture to increase the number of residential units in the structure.

 

RESTAURANT:  Any establishment, however designated, at which food or drink is sold for consumption to patrons seated within an enclosed building or on the premises.

 

RESERVOIR SPACE:  Any temporary storage space for a vehicle waiting for service or admission.  Such space shall be in addition to drives, aisles or parking space required by this Local Law.  One (1) reservoir space shall be twenty-four (24) feet long and ten (10) feet wide.

 

RETAIL BUSINESS:  See BUSINESS, RETAIL.

 

RIDING STABLE:  A horse stable used for the purpose of renting horses or ponies for rides, riding lessons, or for training of horses for specific purposes. 

 

 

 

 

 

 

RIGHT-OF-WAY:  Land set aside for use as a street, alley, or other means of travel.

 

RIGHT-OF-WAY LINE:  The line determining the street or highway limit of public ownership.  For the purposes of this Local Law, the right-of-way line and the street line shall have the same meaning.

 

ROAD

            MAJOR:                        Streets or highways connecting through roads with each other and also handling internal movement within the town.

 

                SECONDARY:           Streets serving to connect major roads with each other and also to handle internal movement within the town.

 

                LOCAL:                        Streets which primarily function to give direct access to abutting property.  Local roads are the internal part of the system to provide movement within residential or to other land use areas.

 

                PRIVATE:                    Roads, streets, or highways whose primary function is to serve private needs on private property.  Private roads for commercial purposes shall be built to Town Standards.  Example:  Road for manufactured home parks, subdivisions, campgrounds. 

 

ROADSIDE STAND: (See FARM PRODUCE STAND): 

 

ROOMING or BOARDING HOUSE:  A dwelling other than a hotel, motel or tourist home, where more than two (2) persons are housed or lodged for hire with or without meals.  A rooming house is distinguished from a bed and breakfast or tourist home in that it is designed to be occupied by longer term residents as opposed to overnight or weekly guests.

 

SATELLITE DISH ANTENNA:  Shall mean a combination of: an antenna whose purpose is to receive communications or other signals from orbiting satellites and other extraterrestrial sources; and a low noise amplifier whose purpose is to carry signals into the interior of a building, but shall not include a telecommunications facility as defined herein.

 

SCHOOL OR COLLEGE -- An institution or place of learning, including private, public and parochial facilities that provide a curriculum of elementary and secondary academic instruction, as well as higher education, including kindergartens; elementary, middle, junior and senior high schools; and two-year, four-year and advanced degree institutions.  This definition shall not include day care centers (nursery schools) or specialized, trade, professional or business schools as defined below.

 

SCHOOL, SPECIALIZED, TRADE, PROFESSIONAL OR BUSINESS --  A school giving regular instruction in:  trades or specialized skills such as welding, hair dressing, cosmetology, or massage; or professional subjects, such as the dramatic or graphic arts, business, dancing, languages, music, or sciences;  or business skills such as computer programming, stenography and secretarial courses.  For the purpose of these regulations, such schools shall be deemed to be commercial service establishments.

 

SEASONAL SERVICE RESTAURANT:  A restaurant which operates only seasonally.  Included are coffee shops, lunch counters, and ice cream parlors.

 

SERVICE ESTABLISHMENT:  See Business, Service

 

SETBACK:  The horizontal distance between the street line, rear or side lines of the lot and the front, rear or side lines of the building.  For the purpose of measuring setbacks, the building shall include an enclosed porch, but shall not include any open porch, patio, deck or steps that are no higher than four (4) feet above ground level.  All measurements shall be made at right angles to or radially from the lot lines to the building lines.  Setbacks from street lines to building lines are defined as "front set­backs".  Setbacks from side lot lines are "side setbacks".  Setbacks from rear lot lines are "rear setbacks".

 

SHOPPING CENTER:  A group of stores, shops and similar establishments occupying adjoining structures or two (2) or more commercial buildings located on a single lot or adja­cent lots, with such buildings developed as part of a single integrated development with a common architectural design.

 

SIGN:  Any device, structure, or object for visual communication that is used for the purpose of bringing the subject thereof to the attention of others.

 

AWNING SIGN:  Any visual message incorporated into an awning attached to a building.

 

BANNER SIGN:  Any sign intended to be hung either with or without frames, possessing characters, letters or illustrations applied to paper, plastic or fabric of any kind, stretched across or hung over a public right-of-way.

 

BILLBOARD SIGN:  Any sing that attracts attention to an object, product, service, place activity, institution, organization or business not available or located on the lot where the sign is located.

 

CHANGEABLE LETTER SIGN:  A sign where the supporting frame or structure is permanent and only the letters, displays or illustrations thereon are changeable or temporary. 

 

CONSTRUCTION SIGN:  Any sign giving the name or names of principal contractors, architects and lending institutions responsible for construction on the site where the sign is placed, together with other information included thereon. 

 

DIRECTIONAL SIGN:  A sign limited to providing information on the location of an activity, business or event. 

 

FREESTANDING SIGN:  Any sign not attached or part of any building but separate and permanently affixed by any other means in or upon the ground.  Included are pole signs, pylon signs and masonry wall-type signs. 

 

ILLUMINATED SIGN:  Any sing illuminated by electricity, gas or other artificial light either from the interior or exterior of the sign which includes reflective and phosphorescent light. 

 

OFF-PREMISES SIGN:  A sign unrelated to a business or a profession conducted, or to a commodity, or service sold or offered, upon the premises where such sign is located. 

 

PORTABLE SIGN:  A sign where on its own trailer wheels or otherwise designed to be moveable and not structurally attached in the ground or to a building, a structure or another sign. 

 

PROJECTING SIGN:  A sign which is attached to the building wall or structure and which extends horizontally from the place of such wall or structure. 

 

REAL ESTATE SIGN:  Any sign which is used to offer for sale, lease or rent the property upon which the sign is placed. 

 

REPRESENTATIONAL SIGN:  A three-dimensional sign built so as to physically represent the object advertised.

 

ROOF SIGN:  Any sing erected or constructed wholly upon and over the roof of any building and supported solely on the roof structure. 

 

DIRECTORY SIGN:  A listing of two (2) or more business enterprises, consisting of a matrix and sign components.

 

TEMPORARY SIGN:  A sign related to a single activity or event having a duration of no more than thirty (30) days. 

 

WALL SIGN:  A sign which is painted on or attached to the outside wall of a building with the face of the sign in the place parallel to such wall, and not extending more than fifteen (15) inches from the face of such wall. 

 

WINDOW SIGN:  A sign visible from a sidewalk, street or other public place, painted or affixed on glass or other window material, or located inside within four (4) feet of the window, but not including graphics in connection with customary window display of products. 

 

SIGN AREA:  The area defined by the frame or edge of a sign.  Where there is no geometric frame or edge of the sign, the area shall be defined by a projected, enclosed, four-sided (straight sides) geometric shape which most closely outlines the said sign.

 

SIGN STRUCTURE:  The support, uprights, bracing and framework for the sign.  In the case of a sign structure consisting of two (2) or more sides where the angle formed between any two (2) of the sides or the projections thereof exceed thirty degrees (30o), each side shall be considered a separate sign structure.

 

SIGHT DISTANCE:  The maximum extent of unobstructed vision along a street from a vehicle located at any given point on the street.

 

SITE PLAN:  A plan of a lot or subdivision on which is shown topography, location of all buildings, structures, roads, right-of-ways, boundaries, all essential dimensions and bearings and any other information deemed necessary by the Planning Board.

 

            SITE PLAN, FINAL:  A complete and exact subdivision or site plan, prepared for official recording as required by statute, to define property rights and proposed streets and other im­provements.

 

            SITE PLAN, PRELIMINARY:  A tentative subdivision or site plan, in lesser detail than a final plan, showing approximate pro­posed streets and lot layout as a basis for consideration prior to preparation of a final plan.

 

            SITE PLAN, SKETCH:  An informal plan, not necessarily to scale, indicating salient existing features of a tract and its surroundings, and the general layout of the proposed subdi­vi­sion or site.

 

SITE PLAN REVIEW:  A review and approval process, conducted by the Planning Board, whereby Site Plans are reviewed utilizing criteria stated in this Local Law. 

 

SOLAR ACCESS:  Space open to the sun and clear of overhangs or shade. 

 

SPECIAL PERMIT USES:  Those uses that are specifically permitted in a given district only when conditioning criteria enumerated in this Local Law are met.

 

STORAGE FACILITY, SELF-SERVICE -- Any building or group of buildings on a single parcel made of individual storage compartments, which are rented or leased to individuals or businesses for storage of nonhazardous materials, personal property and equipment.

 

STREETLINE: The limit of the street width or highway right-of-way, whichever is greater.

 

STRUCTURE:  Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground.  For example, structures include buildings, manufactured homes, walls, fences, signs, sheds, billboards and poster panels, docks, and/or similar construction types.  For the purpose of regulating setbacks and other zoning requirements, a shed or other assembly of materials that is not a motor vehicle, is larger than 120 square feet in gross floor area  and is placed on wheels or skids shall be included in the definition of “structure.”

 

SUB-DIVISION:  The division of a parcel of land into two or more parcels, which is subject to approval by the Town Planning Board pursuant to adopted Subdivision Regulations.

 

SUBSTANTIAL IMPROVEMENT:  Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent (50%) of the assessed value of the structure either (a) before the improvement or repair is started, or (b) if the structure has been damaged and is being restored, before the damage occurred.

 

SWIMMING POOL:  Any body of water, or receptacle for water, with a surface area less than 1920 square feet having a capability of a depth of twenty-four (24) inches or more at any point, used or capable to be used for swimming, bathing, or wading, and permanently installed or constructed either above or below ground.

 

TAVERN:  Any establishment, licensed by the State of New York, that engages in the sale for on premise consumption of alcoholic and non-alcoholic beverage(s). 

 

TELECOMMUNICATIONS FACILITY:  Any commercial equipment used in connection with the provision of wireless communication services, including cellular telephone services, personal communications services, radio and television broadcast communications and private radio communications services, and are regulated by the Federal Communications Commission, both in accordance with the Telecommunications Act of 1996 and other federal laws.  A Telecommunication Facility shall include monopole, guyed, or latticework tower(s), as well as antenna(s), switching stations, principal and accessory telecommunication equipment and supporting masts, wires, structures, and buildings. 

 

TEMPORARY USE:  An activity or use conducted for a specified limited period of time, which may not otherwise be permitted by the provisions of this Local Law not exceeding six months.  This term shall include those uses incidental to construction projects, festival tents/refreshments stands, temporary real estate sales offices incidental to a subdivision project, and similar type uses.

 

TOURIST FACILITIES:  Uses and amenities including rest rooms, snack bars, information areas, public cultural and recreational facilities, places of public assembly and self service laundries.

 

TOWN BOARD - The Town Board of the Town of Yates.

 

TOWNHOUSE:  An independent single family dwelling unit which is one (1) of a series of dwelling units, having a common party wall between each adjacent unit, each with private outside entrance.

 

USE:  The specific purposes for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained.

 

UTILITY SHED:         Wood, metal or masonry building for the storage of personal property.  This excludes any devices previously used for highway use, such as truck trailers or manufactured homes.

 

VARIANCE:  A variance is any departure from the strict letter of these regulations granted by the Zoning Board of Appeals as it applies to a particular piece of property.  Variances run with the land and are not particular to any one landowner.

 

AREA VARIANCE:  A variance which permits deviation from strict compliance with the dimensional requirements of the zoning regulations, as long as the purposes for which the premises area intended to be used are permitted by the Zoning Local Law.

 

USE VARIANCE:  A variance which permits a use of land not permitted by the Zoning Local Law. 

 

WATER DEPENDENT USES:           Land uses, structures and/or economic activities that would not exist without a waterfront location.

 

WATER ENHANCED USES:            Land uses that receive added value or importance because of proximity to a shoreline, often functioning as support services for water uses and water dependent uses.

 

WAREHOUSE -- A building or part of a building used or intended to be used primarily for the storage of goods or products that are to be sold retail or wholesale from other premises or sold wholesale from the same premises; for the storage of goods or products to be shipped on mail order; for the storage of equipment or materials to be used or installed at other premises by the owner or operator of the warehouse; or for similar storage purposes, or stored for use in connection with industrial assembly operations. The term "warehouse" shall not include a retail establishment whose primary purpose is for the sale of goods or products stored on the premises.  However, this definition is may include purely incidental retail sales as an accessory use.

 

WHOLESALE ESTABLISHMENT:  A business which is primarily involved in sales to other businesses, either directly or as a broker, rather than to the general public.

 

WINDMILL:  An alternative energy device, which converts wind energy by means of a rotor to mechanical or electrical energy.  A wind generator may also be deemed a windmill.

 

YARD:  An open space on the same lot with a building, unoccupied and unobstructed from the ground upward except as otherwise provided herein.  (See also SETBACK)

 

YARD, FRONT:  The space within and extending the full width of the lot from the front lot line to the part of the principal building which is nearest to such front line. Corner lots and through lots shall have two (2) front yards.

 

YARD, REAR:  An open space extended across the entire width of the lot between the rear wall of the principal building and the rear line of the lot, and unoccupied except for accessory building and open porches.  Corner lots and through lots do not have a rear yard.

 

YARD, SIDE:  An open space on the lot with a principal building between the principal building and the side line of the lot extending through from the front yard to the rear yard, into which space there shall be no extension of building parts other than two (2) feet for rain water leaders, window sills, and other such fixtures and open steps.

 

YARD SALE:  The temporary displaying, for no more than three (3) consecutive days in the same location, of household items and clothing for sale on a yard, porch or in a barn or garage.  This term shall include garage sales, barn sales, porch sales, tag sales and other sales similar in nature.

 

ZONING BOARD OF APPEALS - The Zoning Board of Appeals of the Town of Yates.

 

ZONING CERTIFICATE OF COMPLIANCE:  See "Certificate of Compliance." 

 

ZONING ENFORCEMENT OFFICER:  The official designated to administer and enforce this Local Law by granting or denying development permits in accordance with its provisions.

 

ZONING PERMIT:  A document issued by the Zoning Enforcement Officer  authorizing the use of lots, structures, uses of land and structures, and the characteristics of the uses in conformity with this Local Law. 

 


ARTICLE III:  PERMITS AND PROCEDURES

 

SECTION 300          PERMITS REQUIRED

 

A.        No building or structure shall be erected, enlarged, structurally altered or moved, no new use shall be established, and no building permit shall be granted pursuant to the Codes of New York State, until a zoning permit therefore has been issued by the Zoning Officer.  No alterations to an existing building shall be made without a zoning permit, unless such alterations are exempt from a building permit pursuant to the Codes of New York State.  No zoning permit, nor any certificate of occupancy or compliance pursuant to the Codes of New York State, shall be issued for any building where said construction, addition, alteration, moving or use thereof would be in violation of any of the provisions of this Zoning law, or where any necessary Town Planning Board Subdivision approval has not been granted.

 

B.         Permit applications shall be filed with the Zoning Enforcement Officer.

 

 

SECTION 301:         PRE-APPLICATION CONFERENCE

 

Pre-application conferences with the Town’s Planning Board are encouraged for all applications seeking permits for uses that may require a special use permit and/or site plan review (most nonresidential uses or nonfarm uses.)    

 

SECTION 302          APPLICATION PROCEDURE AND REQUIRED INFORMATION

 

A.        Application for a zoning permit shall be made with the Zoning Enforcement Officer on forms approved by the Town Board.  Forms shall be made available at the Offices of the Zoning Enforcement Officer and the Town Clerk.

 

For proposed actions that are located within the Town’s LOCAL WATERFRONT DEVELOPMENT POLICY (LWDP) area, applications for permits shall be reviewed by the Planning Board in accordance with the approved LWDP and any amendments thereto, to insure unified development, enhance water-related uses, preserve public access to the waterfront and promote the overall improvement of the waterfront and its attractiveness.  A certificate of consistency with the LWDP will be issued by the Planning Board prior to the issuance of a permit.

 

B.         Information

 

All information on the application form shall be completed.

 


C.        Map required

 

            One copy of a property map shall be submitted with all applications.  The map shall be either:

 

1.      Sketch Map:  A sketch map is required with all applications for a zoning permit for one or two family dwellings, their customary accessory uses, or farm use.  The sketch map shall be drawn to scale and show the dimensions and location of the lot, exact size and location of all existing and proposed buildings on the lot, proposed location of water and sewage disposal systems, parking areas and driveway location, natural water courses, ponds, surface drainage patterns or location of existing or proposed easements. 

 

2.      Site Plan:  A site plan is required with applications for all other uses, including application for residential uses in a Historic Zone. The requirements and procedures for site plan approval are in Article X.

 

D.                Approval of Water and Sewage Disposal Systems:  Evidence of approval of the water supply and the sewage disposal system plans by the Orleans County Health Department or its agent, or design plans signed by a licensed engineer, shall be submitted at the time of application.  Applications lacking such information shall not be accepted.

 

E.                  Approval of the County Highway Superintendent or Town Highway Superintendent is required for any driveway pipes or culverts on County or Town roads.

 

F.                  Evidence of Property Ownership or Intent to Purchase.  Copies of deeds, titles, purchase agreements, or other proof of ownership or intent to purchase shall be attached to an application before it will be accepted.

 

G.                 Licenses:  Any use currently licensed by Federal, State, County or Town Agencies and already operating within the Town shall present evidence of currently valid licenses before any expansion permits are considered.

 

H.                Fee:  The appropriate non-refundable fee established by the Town Board in its fee structure shall be collected at the time of application.  This fee structure shall be filed and posted at the Offices of the Town Clerk and the Zoning Enforcement Officer.

 

 

SECTION 303          ZONING PERMIT TYPES

 

Under the terms of this Local Law, the following types of Zoning Permits may be issued:

 

A.                Permitted Use.  A zoning permit for a permitted use may be issued by the Zoning Enforcement Officer on his own authority.

 

B.                  Site Plan Approval.  A zoning  permit for a permitted or special permit use that requires Site Plan Review may be issued by the Zoning Enforcement Officer after special permit and/or site plan approval from the Planning Board, as more fully described in Article X.

 

C.                 Zoning Permit After a Request for Variance.  A Zoning Permit for a use or structure which requires a variance may be issued by the Zoning Enforcement Officer upon order of the Zoning Board of Appeals, after a public hearing, as more fully described in Article VIII.

 

 

SECTION 304          ZONING PERMIT GRANTED

 

When all requirements of this Local Law have been met, the Zoning Enforcement Officer shall issue a Zoning Permit and return one approved copy of the map to the applicant no later than five (5) days after approval . The Zoning Enforcement Officer shall file one copy of the approved permit in the Town Clerk’s office.

 

 

SECTION 305          TERMINATION OF PERMIT

 

A.        Any zoning permit for which construction or use has not commenced within one (1) year after issuance shall be automatically revoked.

 

B.         The Zoning Enforcement Officer may grant an extension for time of completion.  Unless such an extension is requested and approved, further work as described in the canceled permit shall not proceed until a new permit has been obtained. 

 

C.        If a project is not initiated within six (6) months of the issuance of the extension, the permit issued shall be considered null and void.

 

 

SECTION 306          CERTIFICATE OF ZONING COMPLIANCE

 

A.        The applicant shall notify the Zoning Enforcement Officer when the structure or use is ready for final inspection.  The Zoning Enforcement Officer shall then make a final inspection.   If satisfied that the regulations pertaining to the project have been complied with and that the project has been completed as specified on the approved application, the Zoning Enforcement Officer shall issue a certificate of Zoning Compliance granting permission to occupy or use the structure.  Permission to occupy a building or structure also requires approval from the Code Enforcement Officer. 

 

B.         The Certificate of Zoning Compliance may be issued at the same time, and may be administered using the same form as, the Certificate of Occupancy or Compliance issued pursuant to the Codes of New York State.

 

 

SECTION 307          FLOOD PLAIN CERTIFICATE 

 

The applicant shall notify the Zoning Enforcement Officer for inspection.  The Applicant shall comply with Local Flood Hazard Law before any permit(s) are approved.

 

 


SECTION 308          STOP WORK ORDER 

 

A stop work order may be issued when the Zoning Enforcement Officer discovers a project commencing without required permits.  A fee will be charged for the removal of any structure erected without the proper permits  stop work order. 

 


ARTICLE IV:      ESTABLISHMENT AND DESIGNATION OF ZONING DISTRICTS

 

SECTION 400          ESTABLISHMENT OF DISTRICTS

 

The Town of Yates is hereby divided into zoning districts as hereinafter set forth and as the same may, from time to time, be amended.

 

HA      Hamlet

AR       Agricultural/ Residential

RR       Rural Residential

WD     Waterfront Development

WR      Waterfront Residential

GB       General Business

LI         Light Industrial

I           Industrial

F          Flood Hazard Overlay District

HD      Historic District

PD       Planned Development District

A         Adult Business Overlay

 

 

 

SECTION 401          ZONING MAP

 

A.        Said districts are bounded as shown on the map entitled “Zoning Map of the Town of Yates adopted by the Town Board and certified by the Town Clerk which accompanies, and which, with all explanatory matter, is hereby made a part of this Local Law.

 

B.         Changes made in zoning district boundaries, or other matters portrayed on the zoning map under the provi­sions set forth herein, shall be permanently affixed to the zoning map promptly after an amendment has been approved by the Town Board and shall convey informa­tion as to the date and nature of the change.  No amendment to this Local Law, which involves matters portrayed on the zoning map, shall become effective until such change and entry has been made on said zoning map and has been attested to by the Town Clerk.

 

 

SECTION 402          INTERPRETATION OF DISTRICT BOUNDARIES

 

A.        District boundaries indicated as approximately following the center lines of streets or highways shall be construed as following such center lines.

 

B.         District boundaries indicated as approximately following lot lines shall be construed as following such lot lines.

 

C.        District boundaries indicated as being approximately parallel to the center lines or right-of-way lines of streets or highways shall be construed as being parallel thereto and at such distances therefrom as indicated on the zoning map.  If no distance is given, such dimensions shall be determined by the use of the scale shown on said zoning map.

 

D.        District boundaries indicated as approximately following a stream, lake or other body of water shall be construed to follow the center lines of such stream or other body of water.

 

E.         Boundaries indicated as parallel to or extensions of features indicated in subsections A through D above shall be so construed.  Distances not specifically indicated on the official zoning map shall be deter­mined by the scale of the map.

 

F.         In case of uncertainty as to the true location of a district boundary line in a particular instance, the Zoning Enforcement Officer shall request the Zoning Board of Appeals to render its determination. 

 

 

SECTION 403          APPLICATION OF REGULATIONS

 

The regulations set by this Local Law shall be the minimum regulations within each district and shall apply uniformly to each class or kind of structure or use of land, except as hereinafter provided:

 

A.        No building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered except in conformity with all the regulations herein specified for the district in which it is located.

 

B.         No building or structure shall hereafter be erected or altered which:

1.         Exceeds the height limitation for any structure within a specified district;

2.         Accommodates or houses a greater number of dwelling units than is permitted within a specified zoning district;

3.         Occupies a greater percentage of lot area than is permitted by the zoning schedule; or

4.         Has narrower or smaller yards or other open spaces than herein required, or in any other manner con­trary to the provisions of this Local Law or the requirements of the Codes of New York State.

 

C.        No part of a yard or other open space, or off-street parking or loading space required about or in connec­tion with any building for the purpose of complying with the regulations set forth herein, shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building except as provided in Sections 601 and 602.

 

D.        No yard or lot existing at the time of enactment of this Local Law   shall be reduced in dimension or area below the minimum requirements set forth herein.  Yards or lots created after the effective date of this Local Law shall meet or exceed the minimum requirements established herein.


ARTICLE V:  DISTRICT REGULATIONS

 

SECTION 500          HAMLETS (HA)

 

A.        PURPOSE

 

The purposes of the Hamlet Zone are to recognize the crossroads community as a unique area where residences and businesses co-exist in close proximity, providing necessary basic services and other small business uses as well as a distinct residential environment.

 

B.         PERMITTED USES   

 

1.      One and Two Family Dwellings subject to the requirements of Section 619

2.      Farm Produce Stands

3.      Agriculture, except for animal husbandry

 

C.        CONDITIONAL USES REQUIRING A SPECIAL PERMIT ISSUED BY THE PLANNING BOARD (SUBJECT TO SPECIAL PERMIT USE REGULATIONS.  ARTICLE VII.)

 

1.      Bed & Breakfast

2.      Farm Market

3.      Home Business (Class A)

4.      Multi-Family Dwelling

5.      Neighborhood Business

6.      Professional Offices

7.      Motor Vehicle Repair Shop

8.      Gasoline Station

9.      Essential Services and Public Utilities

10.  Public and Semi-Public Buildings and Grounds

11.  Telecommunications facilities

12.  Motor Vehicle Sales/ Rental

 

D.        PERMITTED ACCESSORY USES

 

1.      Home occupations

2.      Farm produce stands

3.      Signs as regulated in Section 600.

4.      Private garages;  Off-street parking and loading areas

5.      Private recreational facility (swimming pool, etc.)

6.      Other uses and structures customarily incidental to permitted principal uses. 

 

Accessory uses shall not be used on a commercial basis except home occupations and approved home businesses.

 

 

E.         SPECIFICATIONS

 

Minimum Setback Requirements

Front (1):

35 Feet from Town roads;

50 feet from County and State highways

Side:

15 feet

Rear:

30 feet (principal uses)

  5 feet (accessory uses)

Lot Width:

125 feet

Road Frontage:

125 feet

Minimum Lot Size:

25,000 sq. ft.

Building Height:

35 Feet (except Agricultural Storage Facilities and Airport Structures.

Maximum Building Coverage:

30%

Minimum “Green Space”:

20%

 

(1)  Front setbacks are to be measured from the right-of-way.  If measured from the center of the roadway, add 50 feet for State highways, 40 feet for County highways, and 30 feet for Town roads.

 

 

F.         OTHER PROVISIONS AND REQUIREMENTS

 

1.      Buffer Strip

 

Commercial structures shall provide a natural buffer strip to be perpetually maintained so as to provide visual screening and separation between commercial and residential uses.

 

2.      Refuse Containers

 

Commercial refuse containers shall be placed on concrete slabs and visually screened, while providing rodent control.

 

 


 

SECTION 510                       AGRICULTURAL/ RESIDENTIAL DISTRICT (AR)

 

A.                PURPOSE

 

The purpose of the Agricultural/ Residential (AR) District is to protect agricultural lands and uses from incompatible uses and development; to maintain an open rural character of the communi­ty; to assure compatible types and densities of develop­ment; to provide for low density, rural development; and to protect the natural environment.

 

B.                  PERMITTED USES

 

1.      Agriculture

2.      One and Two Family Dwellings subject to the requirements of Section 619

3.      Farm Produce Stands

4.      Public Park or Recreation Area

5.      Pond, Aesthetic

 

C.        PERMITTED ACCESSORY USES

 

1.      Home occupations

2.      Family Home Day Care

3.      Signs, as regulated in Section 600.

4.      Private garages;  Off-street parking and loading areas

5.      Private recreational facility (swimming pool, tennis court, etc.)

6.      Farm Produce Stands

7.      Sawmills

8.      Other uses and structures customarily incidental to permitted principal uses. 

Accessory uses shall not be used on a commercial basis except home occupations, approved home businesses and other conditional uses, and agricultural services.

 

Permitted accessory structures may be erected and/or maintained in the rear corner of the yard at least 20 feet from the rear and side lines of the lot.

 

D.        CONDITIONAL USES REQUIRING A SPECIAL PERMIT ISSUED BY THE PLANNING BOARD (SUBJECT TO SPECIAL PERMIT REGULATIONS, ARTICLE VII)

 

1.      Agricultural Processing or Distribution facility

2.      Animal Hospital

3.      Farm Market

4.      Farm Labor Camp

5.      Bed and Breakfast Inn

6.      Home Business (Class A or B)

 

7.      Private airport

8.      Campground

9.      Excavation and Mining

10.  Kennel

11.  Essential Services and Utilities

12.  Junk Yards, subject to a license from the Town Board, and subject to the following dimensional requirements:

Minimum Lot Size:

15 acres

Minimum Lot Width:

600 feet

Minimum Front Setback:

100 feet

Minimum Side and Rear Setbacks:

100 feet

 

13.  Public and Semi-Public Uses

14.  Outdoor Commercial Recreation Facilities

15.  Riding Stable

16.  Ponds, Farm

17.  Conference/ Resort complex

18.  Manufactured home parks

19.  Telecommunications Facility

 

E.         SPECIFICATIONS

 

Minimum Setback Requirements:

Front: (1)

75 Feet from Town roads

75 feet from County and State highways

Side:

30 Feet (principal buildings)

30 feet (accessory buildings)

Rear:

30 Feet (principal and accessory buildings)

Lot Width:

150 feet

Road Frontage:

150 feet

Minimum Lot Size:

30,000 sq. ft., or  larger size if necessary to meet Health Department Specifications for adequate sewage/ septic tank disposal

Building Height:

35 Feet (except Agricultural Storage Facilities and Airport Structures)

Maximum Building Coverage:

30%

Minimum “Green Space”:

25%

 

(1)  Front setbacks are to be measured from the right-of-way.  If measured from the center of the roadway, add 50 feet for State highways, 40 feet for County highways, and 30 feet for Town roads.

 

 

SECTION 520          RURAL RESIDENTIAL DISTRICT (RR)

 

A.        PURPOSE

 

The purpose of the R-R Rural Residential District is to provide a stable environment for rural residential development, free from incompatible uses. Uses in this district are either served by public water and/or sewer or are areas with densities high enough to support such facilities if growth is likely or encouraged.

 

B.         PERMITTED USES

 

1.      Agriculture, except that farm animals shall comply with the regulations in Section 697.

 

2.      One and Two Family Dwellings, subject to the requirements of Section 619.

 

3.      Public Park or Recreation Area

 

4.      Pond, Aesthetic

 

 

C.        PERMITTED ACCESSORY USES

 

1.      Home occupations

2.      Family Home Day Care

3.      Farm Produce stands, in connection with a principal farm use on the same lot

4.      Signs, as regulated in Section 600.

5.      Private garages;  Off-street parking and loading areas

6.      Private recreational facility (swimming pool, tennis court, etc.)

7.      Other uses and structures customarily incidental to permitted principal uses.

8.      The keeping, breeding, and raising of farm animals in association with a residential use, subject to the provisions of Section 697.

 

Permitted accessory structures may be erected and/or maintained in the rear corner of the yard at least ten (10') feet from the rear and side lines of the lot.

 

Accessory uses shall not be used on a commercial basis except home occupations, approved home businesses and other conditional uses

 

D.        CONDITIONAL USES REQUIRING A SPECIAL PERMIT ISSUED BY THE PLANNING BOARD (SUBJECT TO SPECIAL USE REGULATIONS, ARTICLE VII)

 

1.      Home Business (Class A)

2.      Multiple Family Dwellings

3.      Essential Services and Utilities

4.      Bed and Breakfast

5.      Public and Semi-Public Buildings and Grounds

6.      Outdoor Commercial Recreation Facilities

7.      Ponds, Farm

8.      Manufactured Home Parks

9.      Telecommunications Facility

 

 

E.         SPECIFICATIONS

 

Minimum Setback Requirements:

Front: (1)

75 Feet from Town roads

75 feet from County and State highways

Side:

30 Feet (principal and accessory buildings)

Rear:

30 Feet (principal and accessory buildings)

Lot Width:

150 feet

Road Frontage:

150 feet

Minimum Lot Size:

30,000 sq. ft. or larger size if necessary to meet with Health Department specifications for adequate sewage/ septic tank disposal

Building Height:

35 Feet (except Agricultural Storage Facilities and Airport Structures)

Maximum Building Coverage:

30%

Minimum “Green Space”:

25%

 

(1)  Front setbacks are to be measured from the right-of-way.  If measured from the center of the roadway, add 50 feet for State highways, 40 feet for County highways, and 30 feet for Town roads.

 

 

 


SECTION 530          GENERAL BUSINESS DISTRICT (GB)

 

A.        PURPOSE

 

The purpose of the General Business District is to provide for business establishments serving the needs of area residents, especially retail and service businesses.  Permitted uses are intended to create a business districts free from conflicting land uses.

 

B.         PERMITTED USES

 

1.      Single Family Dwellings, subject to the requirements of Section 619

2.      Two-Family Dwellings

3.      Agriculture, except that farm animals shall comply with the regulations in Section 697.

4.      Retail, Service and General Business, including Farm Markets and Roadside Stands

5.      Professional Offices

6.      Restaurants and Taverns

7.      Custom shops, including but not limited to printing, electrical, heating, plumbing, or woodworking.

8.      Assembling, converting, altering, finishing, clean­ing, or any other processing of products, provided that:

a.      Goods so produced or processed are to be sold at retail on the premises;

b.      Space used for such purposes shall not occupy more than 20 percent of the area devoted to retail sales, shall be clearly incidental to such retail use and shall be fully concealed from any street;

c.       Not more than two (2) persons shall be engaged in such production/ processing at any one time.

9.      Hotels and Motels

10.  Newspaper Printing

11.  Commercial storage

12.  Indoor commercial recreation facilities

13.  Funeral homes

14.  Other business uses that, in the opinion of the Zoning Board of Appeals, are similar in nature and scale to those permitted above.

 

C.        PERMITTED ACCESSORY USES

 

1.      Private garage space for the storage of commercial vehicles used in conjunction with a permitted business use.

 

2.      Off-street parking, loading and unloading facilities subject to the provisions of Sections 601 and 602 of this Local Law.

 

3.      Signs, subject to the provisions of Section 600 of this Local Law. 

 

4.      Other uses and structures that are customarily incidental to and that are subordinate in size and extent to permitted uses and structures.

 

5.      Other uses that, in the opinion of the Zoning Board of Appeals, are similar in nature and scale to those permitted above.

 

D.        USES REQUIRING A SPECIAL PERMIT ISSUED BY THE PLANNING BOARD

              (SUBJECT TO SPECIAL PERMIT USE REGULATIONS, ARTICLE VII)

 

1.      Motor Vehicle Repair

2.      Motor Vehicle Sales/ Rental

3.      Gasoline Station

4.      Outdoor commercial recreation facilities

5.      Riding Stable

6.      Agricultural Distribution and Processing Facilities

7.      Home Business

8.      Bed & Breakfast Inn

9.      Essential Services and Public Utilities

10.  Multiple Family Dwelling

11.  Public and Semi-Public Buildings and Grounds

12.  Drive-In Business

13.  Telecommunication Facility

14.  Veterinarian/ Animal Hospital, with indoor facilities only

 

E.         OTHER PROVISIONS AND REQUIREMENTS

 

1.       Buffer Strip:  Commercial uses shall provide a natural buffer strip to be perpetually maintained so as to provide visual screening and separation between commercial and residential uses.

 

A solid or woven fence min. 8' to max 10' may be used to shield the residential area.  If a living barrier is used, a 6' strip is required per row of plantings.

 

2.       Refuse Containers: 

 

Commercial structures shall provide a commercial type refuse container on site.  Such containers shall be placed on concrete or stone areas and visually screened, and shall provide rodent control.

 

                3.     Residential Lot Line:  No commercial structure shall be permitted within fifty (50) feet of the nearest lot line of any residential district.

 

F.         SPECIFICATIONS

 

Setback Requirements

 

Front (1):

75 Feet from Town roads

75 feet from County and State highways

Side:

30 Feet (principal and accessory structures)

Rear:

50 Feet (principal and accessory structures)

Lot Width:

150 feet

Road Frontage:

150 feet

Minimum Lot Size:

30,000 sq. ft., or larger size if necessary to meet with Health Department specifications for adequate sewage/ septic tank disposal

Building Height:

35 feet (except Agricultural Storage Facilities)

Maximum Building Coverage:

30%

Minimum “Green Space”:

25%

 

(1)  Front setbacks are to be measured from the right-of-way.  If measured from the center of the roadway, add 50 feet for State highways, 40 feet for County highways, and 30 feet for Town roads.

 

 

 

SECTION 540          LIGHT INDUSTRIAL DISTRICT (LI)

 

A.        PURPOSE

 

The purpose of the Light Industrial District is to provide for manufacturing, assembly, storage facilities, and other compatible business uses, and to ensure that these uses will not be detrimental or hazardous to the surrounding community.

 

B.         PERMITTED USES

 

Any light industrial or agri-industrial nature is permitted which involves only the processing, assembly, or packaging of previously prepared or refined materials, provided that at no time will such use result in or cause:

·         Dust, smoke, smog, observable gas, fumes or odors, or other atmospheric pollution, objectionable noise, glare or vibration shall not be discernable beyond the property lines of the industry.

·         Hazard of fire or explosion or other physical hazard to any adjacent building or to any plant growth on any land adjacent to the site of the uses.

 


The following uses are indicative of those that are intended to be permitted:

 

1.      Agriculture

2.      Scientific or research laboratories devoted to research, design and/or experimentation and processing and fabrication incidental thereto.

3.      Administrative, educational and other related activities and facilities in conjunction with a permitted use.

4.      Manufacture or assembly of electric, electronic or optical instruments or devices.

5.      Light manufacturing, assembling, fabricating or packaging of products from previously prepared materials such as cloth, plastic, paper, leather, precious or semi-precious metals, wood, metal, or stone. 

6.      Agricultural product processing, including manufacturing of food products, pharmaceuticals, cosmetics and the like. 

7.      Precision machining, tool and die work. 

8.      The warehousing or storage of goods and products such as building materials, farm supplies and the like, which may be sold from the premises to the general public.  The bulk storage of fuel or petroleum products, nuclear or radioactive products, toxic waste chemicals is specifically excluded from the intent of the above. 

9.      Newspaper printing

10.  Essential services and public utilities

11.  Custom shops, including but not limited to printing, electrical, heating, plumbing, or woodworking.

12.  Self-service storage facility

13.  Motor Vehicle Repair Shop

14.  Other uses that, in the opinion of the Zoning Board of Appeals, are similar in nature and scale to those permitted above. 

15.  Pond, Aesthetic

 

C.        PERMITTED ACCESSORY USES

 

1.       Signs shall be permitted for advertising industrial activities on the premises.  Such signs shall not exceed, in aggregate, 15% of the area of the front façade of the building.  Such signs may be illuminated but shall not be of the flashing type.  Signs shall be otherwise subject to the provisions of Article VI, Section 600, SIGNS of this Local Law.

 

2.       Private garages and storage buildings which are necessary to store any vehicles, equipment or materials on the premises and which are used in conjunction with a permitted use.

 

3.       Off-street parking space subject to the provisions of Article VI, Sections 601 of this Local Law.

4.       Off-street loading and unloading facilities, subject to the provisions of Section 602 of this Local Law.

5.      Other accessory uses that, in the opinion of the Zoning Board of Appeals, are incidental to and subordinate in scale and extent to a permitted use.

 

D.        USES REQUIRING A SPECIAL PERMIT ISSUED BY THE PLANNING BOARD

              (SUBJECT TO SPECIAL PERMIT USE REGULATIONS, ARTICLE VII)

 

1.                  Telecommunications Facility

2.                  Ponds, Farm

 

E.         PROVISIONS AND REQUIREMENTS

 

1.      Residential uses shall be prohibited except for a caretaker's residence on-site. 

2.         All manufacturing, assembly, research, engineering, administration, storage and all other non-agricultural related activities shall be conducted wholly within enclosed buildings.

Incidental storage out of doors may be permitted provided that such materials are shielded from view from public streets and adjacent off-street parking areas by fencing, landscaping or other appropriate measures. 

3.         The architectural treatment and general appearance of all buildings and grounds shall be in keeping with the purpose of this district and shall be of such quality and design as to be a visual asset to the area in which they are located as well as to adjacent development.

4.         All uses permitted shall set aside not less than 10 percent of the lot area to be devoted to seeding, planting, retention of tree cover, or other landscaping.  This area shall not be used for any other industrial, storage, or commercial purposes.

5.         Each use shall provide truck loading and unloading areas in an amount sufficient to permit the transfer of goods and products in other than a public street, off-street parking area or front yard. 

6.         Parking or loading areas may be located in any of the required yard areas provided they are not less than 50 feet from a right-of-way line or 20 feet from a property line.  Off-street loading facilities shall be subject to the additional provisions of Section 602 of this Local Law.  Off-street parking space shall be subject to the provisions of Section 601 of this Local Law.

7.         Industrial structures and outdoor storage areas shall be located a minimum of 75 feet from any non-industrial district.  A natural buffer strip shall be placed and maintained so as to provide visual screening and separation between industrial and non-industrial uses.

8.         Refuse containers shall be placed on concrete slabs and visually screened, while providing rodent control. 

 

 


F.         SPECIFICATIONS

 

Setback Requirements:

 

 

Front (1):

 75 Feet (measured from right-of-way line)

 

Side:

 50 Feet

 

Rear:

 50 Feet

Height:

 35 Feet

 

Lot Width:

150 Feet

 

Minimum Lot Size:

One (1) acre.

 

Maximum Building Coverage:

30%

 

Minimum “green space”

25%

 

 

(1)  Front setbacks are to be measured from the right-of-way.  If measured from the center of the roadway, add 50 feet for State highways, 40 feet for County highways, and 30 feet for Town roads.

 

 

SECTION 541          INDUSTRIAL (I) DISTRICT

 

A.        PURPOSE

 

To accommodate a variety of industrial uses that may not be permitted in the LI District.

 

B.         PERMITTED USES

 

All uses that are permitted in the LI District

 

C.        PERMITTED ACCESSORY USES

 

Accessory uses shall be permitted as described in Section 540.C (Accessory uses in the LI district).

 

D.        USES REQUIRING A SPECIAL PERMIT ISSUED BY THE PLANNING BOARD

              (SUBJECT TO SPECIAL PERMIT USE REGULATIONS, ARTICLE VII)

 

1.      Heavy industry as defined in Article II, Section 210 herein.

2.      Telecommunications Facility

3.      Ponds, Farm

 

E.         PROVISIONS AND REQUIREMENTS

 

1.      Residential uses shall be prohibited except for a caretaker's residence on-site. 

2.      All uses permitted shall set aside not less than 10 percent of the lot area to be devoted to seeding, planting, retention of tree cover, or other landscaping.  This area shall not be used for any other industrial, storage, or commercial purposes.

3.      Each use shall provide truck loading and unloading areas in an amount sufficient to permit the transfer of goods and products in other than a public street, off-street parking area or front yard.

4.      Parking or loading areas may be located in any of the required yard areas provided they are not less than 50 feet from a right-of-way line or 20 feet from a property line.

5.       Off-street loading facilities shall be subject to the additional provisions of Section 602 of this Local Law.

6.      Off-street parking space shall be subject to the provisions of Section 601 of this Local Law.

7.      Industrial structures and outdoor storage areas shall be located a minimum of 75 feet from any non-industrial district.  A natural buffer strip shall be placed and maintained so as to provide visual screening and separation between industrial and non-industrial uses.

8.      Refuse containers shall be placed on concrete slabs and visually screened, while providing rodent control. 

 

 

F.                  SPECIFICATIONS

 

Setback Requirements:

 

 

Front (1):

 75 Feet

 

Side:

 50 Feet

 

Rear:

 50 Feet

Height:

 35 Feet

 

Lot Width:

150 Feet

 

Minimum Lot Size:

One (1) acre.

 

Maximum Building Coverage:

35%

 

Minimum “green space”

25%

 

 

(1)  Front setbacks are to be measured from the right-of-way.  If measured from the center of the roadway, add 50 feet for State highways, 40 feet for County highways, and 30 feet for Town roads.

 


 

SECTION 550          FLOOD HAZARD OVERLAY (F)

 

A.        The Flood Hazard District is established to conform with the “Flood Insurance Rate Map” and Flood Boundary-Floodway Map prepared by the Federal Emergency Management Agency (FEMA).

 

B.         Such areas shall be subject to the provisions of Town of Yates Local Law # ___ in addition to the use regulations and other provisions of this Zoning Local Law.

 

C.        The provisions of  such Local Law shall take precedence over any other zoning article, or   to the extent that the provisions of this zone are inconsistent with such other provisions.

 

 

SECTION 560          HISTORIC DISTRICT OR LANDMARK (HD)

 

The purpose of the Historic District or Landmark is to preserve certain areas or sites of historical or cultural significance in the Town of Yates.  Development in these areas should be consistent with the architectural, cultural, or historic character of the area.

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