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Elbridge Town City Zoning Code

ARTICLE I

General Provisions

§ 265-1 Title.

This chapter shall be known and may be cited as the "Zoning Law of the Town of Elbridge, New York."

§ 265-2 Word usage; definitions.

Generally. In the interpretation of this chapter, the following rules shall apply.
Words used in the present tense include the future tense.
The singular includes the plural.
The word "person" includes a corporation as well as an individual.
The word "lot" includes the word "plot" or "parcel."
The term "used" or "occupied" as applied to any land or structure shall be construed to include the words, "intended," "arranged," or "designed to be occupied."
Specific terms. As used in this chapter, unless the context or subject matter shall otherwise require, the following terms shall have the following meanings:
A building the use of which is customarily incidental to that of the principal building.
A use, not otherwise contrary to law, customarily incidental and subordinate to the principal use.
A use, not otherwise contrary to law, customarily incidental to the use of a building for dwelling purposes and including, home workshops, hobbies, and avocations which do not constitute a nuisance by reason of smoke, noise, odor, vibration, or electrical disturbance; No nonresident associates are allowed.
Includes adult-care facilities, enriched housing programs, adult homes and senior citizen housing projects, which may include some appropriate ancillary uses.
A farm operation as defined in Article 25-AA of the New York State Agriculture and Markets Law.
A structure designed to be used as a place of occupancy, storage or shelter and which is enclosed on all sides.
The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof, exclusive any spire, belfry, clock tower, chimney flue, satellite dish, antenna or other similar structures.
The building on a lot which houses the principal use.
Commercial animal boarding facility uses include uses which provide boarding for domestic animals.
Includes uses which provide overnight housing in individual rooms or suites or rooms. Such uses may provide in-room or in-suite kitchens, and may also provide indoor or outdoor recreational facilities.
Includes the business of construction, remodeling, repairing and/or landscaping of buildings, structures and lots and which stores building supplies and contractor's equipment on site, and also services equipment and performs some fabrication on site.
A building used as the living quarters for one or more families which is permanently anchored to a continuous weight-bearing perimeter foundation wall.
A dwelling occupied by three or more families living independently of each other and having separate kitchen and bathroom facilities for each family.
A dwelling occupied by one family.
A dwelling occupied by two families living independently of each other and having separate kitchen and bathroom facilities for each family.
One or more persons related or unrelated by blood, marriage or adoption, living together as a functional family using in common kitchen and bathroom facilities and all other areas of the dwelling except bedrooms.
The storage and delivery in bulk of any fuel.
Fuel stations and car washes include all sites from which motor fuel is sold and vehicles are washed, even though other services are offered on the site. Fuel sales and car wash activities are deemed to predominate and therefore any other sales and services which are offered on the same site shall be considered a secondary use, such as is the case with a convenience store.
Heavy industrial uses are industrial uses which may be wholly or partially located outside of an enclosed building and which may have the potential to emit odor, noise, heat, vibration or radiation which is detectable at the property line, or may involve materials which pose a significant public safety hazard.
An area which by law or conveyance is designated for use for highway purposes by any governmental unit, regardless of who the title owner of the area may be, and also regardless of which portion of it may be improved for use by motor vehicles.
A business principally conducted from the residential premises of the owner and its conduct is incidental and accessory to the principal residential use of the lot. Homework in conjunction with one business or employment principally conducted elsewhere shall not be construed as conducting a home occupation.
Indoor commercial entertainment uses include all uses which provide entertainment services entirely within an enclosed building. Such activities often have operating hours which extend significantly later than most other commercial uses. Such uses include theaters, health or fitness centers, all forms of studios (dance, art, martial arts, etc.) bowling alleys, arcades, roller rinks and pool halls. Restaurants and taverns are excluded.
Includes libraries, museums, educational institutions, adult and child day-care centers, religious institutions.
Indoor sales uses include uses which conduct sales of goods and/or display merchandise or equipment in an enclosed building. A use in which the outdoor display area exceeds 15% of the indoor sales area shall be considered an outdoor sales use.
Light industrial uses are industrial processes which are conducted entirely within an enclosed building and which do not emit odor, noise, heat, vibration or radiation which is detectable at the property line and do not pose a significant public safety hazard.
A designated parcel, tract or area of land created by conveyance, subdivision, or eminent domain.
The percentage of the area of a lot that is covered by buildings, structures and parking areas.
The depth of a lot is the mean horizontal distance from its front line to its rear lot line, measured in the general direction of its side lot lines.
The width of a lot is its width measured at the front yard setback.
The total area within the lines of a lot, excluding any public and private right-of-way.
A lot fronting on two highways.
Motor vehicle maintenance and service includes uses which perform maintenance services, including repairs. All operations except loading must be performed entirely within an enclosed building. No outside storage of vehicle parts, dismantled vehicles or similar articles shall be permitted. Motor vehicle sales are not allowed. Sale of motor vehicle parts is also allowed.
Includes the sales of new and or used motor vehicles.
These uses include only the commercial use of golf courses regardless of the number of holes or par strokes, fishing ponds, tennis courts, basketball courts, baseball diamonds, football fields, soccer fields and also includes facilities for overnight or short-term parking for motor homes, trailers or other camp ground activities. Also included are archery and gun clubs.
Outdoor sales uses include uses which sell, rent or display merchandise or equipment predominantly outside of an enclosed building. This use includes farm and contractor equipment sales, but does not include motor vehicle sales.
An area for the temporary parking of motor vehicles which has at least 10 feet of width and 20 feet of length.
Includes uses whose primary function is the provision of services directly to an individual. Such uses include all licensed and unlicensed professional services, nonprofessional services, banking services, self-service facilities such as coin-operated laundromats, as well as acute care medical facilities that operate during limited hours and do not provide overnight care.
Includes wastewater treatment plants, public and private utility substations, water towers, railroads, airports, and utility and public service related distribution facilities including pipelines, towers, conventional television, radio and communications antennae. Also included are public safety services such as ambulance, fire departments and police agencies.
Includes all facilities whose principal business is the sale of prepared food and any type of beverage.
A riding stable is a business which consists of one or more of the following activities: the boarding of less than 10 horses, riding instruction or the renting of horses for trail riding.
Secondhand material facilities include uses which display, store and offer for sale used construction material and mechanical parts. This activity may only be conducted upon a parcel of at least three acres and all materials and parts must be stored and displayed within an enclosed building.
Storage and warehousing uses are oriented to the receiving, holding, and shipping of packaged or unpackaged materials. Such uses include contractors' storage yards, equipment yards, lumberyards, coal yards, construction materials yards, mini storage facilities, shipping materials yards, warehouse facilities, indoor storage facilities and freight terminals. Such uses do not include the storage of inoperable vehicles or equipment, or other materials typically associated with a junkyard or salvage yard.
Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. Structures include walls, fences, radio towers, swimming pools, etc.
The business of hauling various materials or goods including the pickup of waste as well as the transportation of motor vehicles and equipment by trailers attached to trucks.
The business of acquiring motor vehicles and trailers for the purpose of dismantling the same and selling the major and minor component parts thereof and the reselling of such vehicles as scrap.
Any mechanism designed for the purpose of converting wind energy into electrical energy.
The space extending the full width of the lot between any building and the front lot line and measured perpendicular to the front lot line, unless the lot is a flag lot, in which case the depth of the required front yard is measured from the point at which the access merges with the regular portion of the lot. In the event that the front lot line lies within a public or private highway right-of-way, the front yard setback shall be measured from the inside edge of such right-of-way. A corner lot must comply with the front yard requirement for each yard which fronts a highway.
Space extending across the full width of the lot between the principal building and the rear lot line and measured perpendicular from the rear lot line to the closet point of such building.
The space extending from the front yard to the rear yard between the principal building and the side lot line and measured perpendicular from the side lot line to the closet point of such building.