The title of this code is the “Zoning Ordinance of the Town of Murray; Orleans County, New York”, and shall include this text and zoning map. All existing Zoning Ordinances of the Town of Murray, Orleans County, New York, are hereby repealed upon the effective date of this Ordinance.

SECTION 102 PURPOSE

This Zoning Ordinance is adopted pursuant to the Town Law of the State of New York, to promote and protect the public health, safety and general welfare of the Town of Murray. Additional objectives include the following:

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

2. To preserve the town’s natural resources and habitats.

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

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

SECTION 103 CONFLICTS WITH OTHER LAWS

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

SECTION 104 VALIDITY AND SEVERABILITY

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

SECTION 105 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.

SECTION 106 VIOLATIONS AND PENALTIES

Any person, firm or corporation, who violates, disobeys neglects or refuses to comply with any provision of this ordinance, shall be guilty of an offense and upon conviction, thereof shall be subject to a fine of not more than $500.00 and/or imprisonment for a period not to exceed six (6) months. Each week a violation is continued shall be deemed a separate offense. (Amended 7/11/2006)

SECTION 107 ACTIONS

The Town may obtain a temporary restraining order, temporary injunction, or injunction to restrain, correct, or abate any violation of this Ordinance or any failure to comply with any of the provisions of this ordinance.

SECTION 108 ENFORCEMENT OF ZONING PROVISIONS

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 Ordinance may be removed, closed or halted at once by the Zoning Enforcement Officer with the issuance of a stop work order.

ARTICLE II -
DEFINITIONS

SECTION 200 WORD TERMS and DEFINITONS

For the purpose of this Ordinance, certain terms or words used herein shall be interpreted as follows:

1. The word “person” includes a firm association, partnership trust, company or corporation as well as an individual.

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

3. The singular includes the plural.

4. The words “shall” and “must” are mandatory.

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

6. The word “lot” includes the words plot or parcel.

SECTION 210 DEFINITIONS

ACCESSORY USE or STRUCTURE: Contributory use or structure on the same lot and of a nature customarily incidental and subordinate to the principal use or structure.

AGRICULTURE: The use of land for agricultural purposes including tilling of the soil, dairying, pasture, apiculture, arboriculture, horticulture, floriculture, viticulture, accessory uses for packing or storing of products, provided that the operation of any such accessory uses shall be secondary to that of normal agricultural activities.

AGRICULTURAL BUSINESS ESTABLISHMENTS (AGRI BUSINESS): A business engaged in performing agriculture, animal husbandry, or horticulture business on a fee or contract basis including corn shelling; hay bailing and threshing; sorting, grading and packing fruits and vegetables for the grower; agricultural produce milling and processing; horticultural services; crop dusting; fruit picking; grain cleaning; land grading; harvesting and plowing.

AIRPORT: Any facility for the purpose of engaging aircraft to flight.

ALTERATIONS: As applied to a building or structure, a change or rearrangement in the structural parts, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location to another.

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. This term shall include windmills, solar collectors and solar greenhouses, heat pumps, or other related devices.

AMUSEMENT CENTER: Any structure which is maintained or operated for the amusement, patronage, or recreation of the public where three (3) or more amusement devices, including the type commonly known as foosball, pinball, billiards, and video games are operated.

ANIMAL HOSPITAL: A business which provides medical services and care to animals and regularly houses them on the premises overnight and/or extended periods of time.

BED AND BREAKFAST: A single-family owner-occupied dwelling where overnight lodging, with or without the service of meals, is offered to a maximum of eight (8) transient guests for compensation. Such use shall be clearly an incidental and secondary to the principal use of the dwelling.

BUILDING: Any structure which 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 cattle.

BUILDING HEIGHT: The vertical distance measured in the case of a building with a flat roof, from the curb level to the level of the highest point of the roof beams, and in the case of a building with a pitched roof, from the curb level halfway between the top of the plate and the ridge; but not including chimneys, spires, mechanical penthouse towers, tanks, and similar projections.

BUSINESS, CONVENIENCE: Any commercial establishment, not exceeding 4000 square feet of floor area, catering primarily to nearby residential areas providing convenience goods and services including but not limited to grocery stores, drug stores, beauty salons, barber shops, carryout dry cleaning and laundry pickup stations.

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 shall include drive-in banking, drive-in restaurant, fast food service, drive-in photo processing, drive-in outdoor theaters, auto wash establishments, and similar uses. This term shall not include RETAIL GASOLINE STATION OR OUTLET.

BUSINESS GENERAL: Any commercial establishment, exceeding 4000 square feet of floor area, engaged in sale of goods or services not otherwise identified in this section.

CAMPING UNIT: Any temporary structure or vehicle used or intended to be used for temporary living quarters for travel, recreation, or vacation purposes. This term shall include tents, pick-up coaches, recreational vehicles, non-motorized travel trailers, and self-contained motor homes.

CAMPGROUNDS: A parcel of land used or intended to be used, lent or rented for occupancy by campers or for occupancy by camping units.

CARPORT: A roofed structure, with or without enclosing walls, used for the storage of one or more vehicles. This use shall be regulated as an accessory structure.

CHEMICAL MANUFACTURING FACILITY: A building or group of buildings (including related storage tanks) used in the processing or production of chemicals and related substances to be sold off premises. (Amended 05-25-96)

CHURCH: Any structure used for worship or religious instruction including social and administrative rooms accessory thereto. For the purpose of this Ordinance, Churches shall be regulated under the PUBLIC AND SEMIPUBLIC BUILDINGS AND GROUNDS provisions.

CLUB: Any organization catering to members and their guests, or premises and building for recreational, general social, or athletic purposes and not open to the general public, which are not conducted primarily for gain, providing they are not conducting any vending stands, merchandising, or commercial activities except as required for membership and purposes of such club. For the purpose of this Ordinance, Clubs shall include religious organizations lodges, fraternal organizations, mutual benefit societies, and other like organizations.

COLD STORAGE FACILITY: A building or group of buildings used for the storage of food products in a refrigerated or frozen state and sold off premises. (Amended 05-25-96)

COMMERCIAL RECREATION: All open and/or covered areas designed for the conduct of business related to sports, leisure time activities and other customary recreational activities including playgrounds, bowling, horseback riding, swimming pools and skating rinks. May include as accessory uses educational and instruction, retail sales and repair of equipment directly related to the activities provided on site as well as food and beverage service for recreation users only. (Amended 07/11/2006)

CONDOMINIUM: A condominium shall be regulated as a DWELLING, TWO-FAMILY if it contains two (2) dwelling units. It shall be regulated as a DWELLING, MULTIPLE FAMILY if it contains three or more dwelling units.

CORNER LOTS: On corner lots, the sides facing both streets shall be considered front yards. Of the other sides, one shall be considered a rear yard, and the other a side yard, to be determined by the ZBA.

DAY CARE: Care provided for three (3) or more children away from their home for more than 3 hours but less than 24 hours per day per child, which care is provided with or without compensation or payment.

DAY CARE-FAMILY CENTER: Day care of not more than six (6) children provided in a family home.

DAY CARE-PUBLIC CENTER: A place other than an occupied residence which provides day care of children. An occupied residence which provides