Southtowns Record

Chapter 200 Zoning Law

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 4 of 39

this chapter by definition or as an accessory use.
FARM — A parcel of land and on-farm buildings, equipment, and practices which contribute to the
production, preparation, and marketing of crops, livestock, and livestock products as a commercial
enterprise. For the purposes of this Code, a farm may consist of one or more parcels of owned or leased
land, which may be contiguous or non-contiguous, and shall be operated by a single farm business. Land
qualifying as a farm shall generally meet the requirements set forth in NYS Agriculture and Markets Law
Article 25-AA.
FARM BUILDING OR USE — Any use of land or buildings customarily a part of farm or agricultural
pursuits, including the housing of farm animals, except fur-bearing animals, the repair of equipment used
on the premises and the sale of farm products where such is clearly incidental to the overall use of the
premises as a farm.

FENCE — Any structure, regardless of composition, except a living fence, that is erected or maintained
for the purpose of enclosing a piece of land or to divide a piece of land into distinct portions.
FLAMMABLE LIQUID — A liquid having a flash point below 200° F., closed-cup tester. Class I
"flammable liquids" (e.g., gasoline, ether and liquid petroleum gas) are those having a flash point below
25° F. Class II "flammable liquids" are those having a flash point below 70° F. but not below 25° F.
GARAGE, PRIVATE — An accessory building or portion of a main building used for the storage of
automotive vehicles used by the occupants of the premises.
GARAGE, PUBLIC — Any garage other than a private garage, available to the public, operated for gain
and used for motor vehicle storage, repair, rental, servicing, adjusting or equipping.
GASOLINE SERVICE STATION — A building, structure or tract of land used for the storage and sale of
gasoline, motor fuel, lubricants, accessories, supplies and any other materials related to the maintenance or
equipment of automobiles or in which repairs, adjustments, maintenance or the equipping of automobiles
is conducted. The term shall include, without limitation, the rendering of the following services: fueling or
changing oil, water, batteries or tires; replacing fan belts, air filters or oil filters; and installing windshield
wiper blades or light bulbs. The term shall not include any such establishment which renders such services
or stores such materials for a single commercial or industrial establishment rather than offering such
services and materials to the public.
GROUND FLOOR AREA OF DWELLING — The projected plan area of the dwelling enclosed for year-
round use, exclusive of garages, carports, open porches and verandas, and exclusive of accessory buildings,
whether attached or detached.
HEIGHT — In regard to fences, the distance measured from the existing grade to the top of the fence.
HOME OCCUPATION — An accessory use, of a service character, conducted within a dwelling by the
residents thereof, which occupation is clearly secondary to the use of the dwelling for the living purposes
and does not change the character thereof or have any exterior evidence of such secondary use other than
a permitted nameplate, and in connection with which there is not involved the keeping of a stock-in-
trade. The following occupations, such as, but not limited to, are deemed home occupations: teaching of
voice or individual musical instruments, computer services, bookkeeping, accounting and manufacturers'
representatives.[Amended 12-8-1998 by L.L. No. 2-1998]
HOME PROFESSIONAL OCCUPATION — The office of a member of a recognized profession when
conducted on residential property; such occupations shall include but not be limited to those of doctors,
lawyers, architects, engineers, artists, ministers and other recognized professional persons.
HOTEL or LODGING HOUSE — A building containing sleeping rooms for five or more persons, which
rooms are available to the public for less than a week at a time for compensation, with no cooking or dining
facilities except a general kitchen and public dining room.

  4