Southtowns Record

LOCAL LAW 3-2026 ZONING CHAPTER 200

Government
Town of Wales
Kind
Other
Topics
Zoning and land use, Water, sewer and drainage, Parks and recreation, Roads and traffic, Budget and taxes

Original document

Text · page 2 of 39

ARTICLE II
  Terminology

§ 200-3. Word usage.

For the purpose of this chapter, certain terms are herewith defined. When not inconsistent with the context,
words used in the present tense include the future, words in the singular number include the plural,
and words in the plural number include the singular. The word "person" includes a firm, partnership or
corporation as well as an individual. The word "used" shall be interpreted to include the term "designed or
intended to be used." The term "shall" is always mandatory.

§ 200-4. Power of Interpretation

In instances where the provisions of this Code do not expressly address a specific use, standard, definition, or
situation, the Code Enforcement Officer shall have the authority to interpret the Code. Such interpretations
shall be guided by the intent and purpose of the Code, and may take into account similar provisions within
this or other municipal codes, relevant New York State laws and regulations, and recognized planning and
zoning principles. All interpretations shall be documented in writing and made available upon request. Any
person aggrieved by an interpretation of the Code Enforcement Officer may submit an appeal to the Zoning
Board of Appeals pursuant to the procedures set forth in Article XI Board of Appeals.

§ 200-5. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY BUILDING — A subordinate building located on the same lot with the main building,
occupied by or devoted to an accessory use. Where an "accessory building" is attached to the main building
in a substantial manner, as by a wall or roof, such "accessory building" shall be considered part of the main
building in determining yard requirements.
ACCESSORY USE — A use customarily incidental and subordinate to the main use or building and located
on the same lot therewith. In no case shall an "accessory use" dominate, in area, extent or purpose, the
principal building.
AGRICULTURE — A use customarily defined as farming, dairying, pasturage, agriculture, horticulture,
viticulture, animal and poultry husbandry, and the sale of such products by one engaged in agriculture.
[Added 8-14-2007 by L.L. No. 4-2007]
AIRPORT, PRIVATELY OWNED — Any landing areas used for receiving or discharging passengers or
cargo; any landing area being used for personal or training purposes; and any locality, either of land or
water, which is used or intended to be used for the landing and takeoff of aircraft, whether or not facilities
are provided for shelter, servicing or repair.[Added 12-8-1998 by L.L. No. 2-1998]
ALTERATIONS — As applied to a building or structure, a change or rearrangement in the structural parts
or in the exit facilities; or an enlargement, whether by extending on a side or by increasing in height; or the
moving from one location or position to another.
ANTENNA — A system of electrical conductors that transmit or receive frequency signals. Such signals
shall include but not be limited to radio, television, cellular, paging, digital and/or data communications,
personal wireless communications services (PWS) and microwave communications.[Added 4-9-1997 by
L.L. No. 2-1997]
ASSEMBLY HALLS — A structure or part thereof used for purposes of any form of public or private
assembly: religious, secular, social, recreational, professional or governmental, profit or nonprofit.
AUTOMOTIVE JUNKYARD — As provided in Chapter 120, Junkyards and Junk Dealers.
BARN — A structure customarily used in farming, dairying, agriculture, horticulture, viticulture, and
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