TOWN OF PEMBROKE ZONING LAW

JUNE 14, 1995

(As Amended Through 1/4/2001)

ARTICLE I    ENACTING CLAUSE, TITLE, PURPOSES, APPLICATION AND DEFINITIONS

Pursuant to the authority conferred by Article 16 of the Town Law of the State of New York, the Town Board of the Town of Pembroke hereby adopts and enacts as follows:

  This Zoning Law shall be known as the “Zoning Law of the Town of Pembroke”.

This Zoning Law is adopted for the protection and promotion of the public health, safety, morals and general welfare of the community, as follows:

  1.   To guide the future growth and development of the Town in accordance with a comprehensive land use plan and population density that represents the most beneficial and convenient relationships among the residential, nonresidential and public areas within the Town, considering the suitability of each area for such uses, as indicated by existing conditions, trends in population and mode of living, and having regard for the use of land, building development and economic activity, considering such conditions and trends both within the Town and with respect to the relation of the Town to areas outside thereof

2. To provide adequate light, air and privacy; to promote safety from fire, flood and other danger, and to prevent overcrowding of the land and undue congestion of the population.

3. To protect and conserve the value of the land throughout the Town and the value of buildings appropriate to the various districts established by this Zoning Law.

4. To protect the rural character and the social and economic stability of all parts of the Town, and to encourage the orderly and beneficial development of all parts of the Town.

5. To bring about the gradual conformity of the uses of land and buildings through the comprehensive zoning plan set forth in this Zoning Law, and to minimize the conflicts among the uses of land and buildings.

6. To promote the most beneficial relation between the uses of land and buildings and the circulation of traffic throughout the Town, having particular regard to the avoidance of congestion in the streets and the provision of safe and convenient vehicular and pedestrian traffic movement appropriate to the various uses of land and buildings throughout the Town.

7. To provide a guide for public policy and action in the efficient provision of public facilities and services, and for private enterprise in building development, investment and other economic activity relating to uses of land and buildings throughout the Town.

8. To limit concentrated development to an amount equal to the availability and capacity of public facilities and services.

9. To prevent the pollution of streams and ponds, to safeguard the water table, and to encourage the wise use and sound management of the natural resources throughout the Town in order to preserve the integrity, stability and beauty of the community and the value of the land.

  No building or structure shall be erected, constructed, moved, altered, rebuilt or enlarged, nor shall any land, water or building be used, designed or arranged to be used for any purpose except in conformity with this Zoning Law. No building, structure, or premises shall be used, and no building or other structure shall be erected which is intended, arranged or designed to be used for any trade, industry, business or purpose of any kind, that is noxious by reason of the emission of odor, dust, refuse matter, garbage, smoke, fumes, gas, noise or vibration, or that is dangerous to the health or safety of the community.

  In interpreting and applying this Zoning Law, the requirements contained herein are declared to be the minimum requirements for the protection and promotion of the public safety, health, morals and general welfare. This Zoning Law shall not be deemed to affect in any manner whatsoever any easements, covenants or other agreements between parties; however, where this Zoning Law imposes greater restrictions than are imposed by other ordinances, rules, regulations, licenses, certificates or other authorizations, or by easements, or covenants, or agreements, then the provisions of this Zoning Law shall prevail.

  This Zoning Law shall not apply to uses which were legal, prior, existing, nonconforming uses as defined herein except as set forth in Section 304.

  Nothing herein contained shall require any change in plans or construction of a building for which a zoning permit has been issued.

All buildings under construction at the time this Zoning Law is adopted shall conform to the Zoning Ordinance in effect at the time construction was commenced.

The invalidity of any section or provision of this Zoning Law shall not invalidate any other section or provision.

Except where specifically defined herein, all words used in this Zoning Law shall carry their customary meanings. Words used in the present tense shall include the future tense and the plural includes the singular; the word “lot” includes the word “plot”; the word “building” includes the word “structure”, the word “shall” is always mandatory; the words “occupied” or “used” shall be construed to mean and shall be considered as though followed by words “or intended, arranged or designed to be used or occupied”.

The following terms are specifically defined. As used in this Zoning Law, the following words shall have these meanings:

Accessory Building: A building situate on a lot, subordinate to the main building on the same lot, and used for purposes customarily incidental and subordinate to said main building.

Accessory Use: Use customarily incidental and subordinate to the principal use of buildings, and located on the same lot. For the purposes of this Zoning Law a Family Day Care Home, Roadside Stand and Home Occupation (as defined herein) shall be considered accessory uses to a principal use on a lot; however, they and other accessory uses may be subject to additional requirements and review provisions set forth in this Law (i.e. a home occupation requires issuance of a special use permit).

Accessory Structure: A structure the use of which is incidental to the principal use of the main structure and which is attached thereto or located on the same lot.

Adult Care: The provision of temporary or long term residential care and services to adults who, though not requiring continual medical or nursing care as provided by facilities licensed or operated pursuant to Article 28 of the Public Health Law or Articles 19,23,29, and 31 of the Mental Hygiene Law, are, by reason of physical or other limitations associated with age, physical or mental disabilities or other factors, unable or substantially unable to live independently.

Adult Care Facility: A facility other than a Family Type Home, which provides adult care. For the purposes of this Zoning Law an Adult Care Facility shall include the following: adult home, enriched housing program, residence for adults, shelter for adults, public home and private proprietary adult-care facility as defined by NYS Department of Social Services Chapter II, Subchapter D, Part 485.

Adult Uses: Business including, but not limited to, au Adult Bookstore, Adult Entertainment, Cabaret, Adult Mini Motion Picture Theater and Adult Motion Picture Theater as those terms are defined in Section 516.

Agricultural Use: Any parcel of land containing at least five (5) acres used for the raising of food products or other useful or valuable growths of the field or garden for sale, together with dairying, raising of livestock and poultry, and other generally accepted agricultural practices, where the same is carried on as a business or otherwise for profit.

Such uses shall include the establishment of necessary farm structures within the prescribed limits, and the storage of equipment used in connection therewith.

Agricultural uses shall exclude the raising of fur-bearing animals, riding academies, public stables or dog kennels.

Alteration: Structural changes, rearrangements, change of location, or addition to a building, other than repairs and modification in building equipment.

Amusement Game: Any mechanical, electric or electronic device used or designated to be operated for entertainment or as a game by the insertion of a coin, slug, token, plate, disc, key or any other article into a slot, crevice, or other opening or by paying money to have it activated. Not included are rides, bowling alleys, any device maintained within a residence for the not-for-profit use of occupants thereof and their guests, any gambling device, or jukeboxes.

Animal Shelter: Building or land used for the temporary harboring of stray or homeless dogs, cats, and other similar household pets, together with facilities for the provision of necessary veterinary care and adoption of the harbored animals.

Animal Waste Storage Facility: Any building, structure, pond, lagoon or yard for the bulk storage of animal waste for eventual removal and/or dispersion.

Antenna: An arrangement of wires or metal rods used in transmitting or receiving electromagnetic waves.

Area of Special Flood Hazard: Land subject to a one percent (1%) or greater chance of flooding in any given year, and part of Zone A on the Federal Hazard Boundary Map (FHBM) or Flood Insurance Rate Map (FIRM).

Area Variance: The authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of this Zoning Law.

Arterial Highway: A highway which collects and distributes traffic to and from minor highways. For the purposes of the Zoning Law the following highways shall be considered arterial highways within the Town: NYS Routes #5, 33 and 77.

Bed and Breakfast: See Tourist Home

Board of Appeals: The officially designated Town of Pembroke Board established by the Town Board in accordance with Section 267 of Town Law.

Boarding House: Owner-occupied dwelling wherein more than three (3) non-related, non-transient people are sheltered for profit.

Buffer Strip: See Section 302.F.

Building: Any structure having a roof supported by columns or by walls, and intended for the shelter, housing or enclosure of persons, animals, machinery, equipment or other material.

Building, Front Line Of: The line of that face of the building nearest the street line, or if there are street lines on two (2) or more sides of the building, it is the line of that face of the building fronting on that street line where the principal entrance is located. This face includes decks and porches but does not include steps.

Building, Height Of The vertical distances measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof

Building Permit: A permit issued by the Code Enforcement Officer, stating that plans for the proposed construction of a building or structure are in conformance with the Uniform Fire Prevention and Building Code.

Building, Temporary: A “temporary building” or “temporary structure” erected, constructed or placed upon the premises, for a period not exceeding nine (9) months. All other buildings or structures shall be deemed permanent for the purposes of this Zoning Law.

Campground: Land on which is located one or more cabins, trailers, shelters, houseboats or other accommodation for seasonal or temporary living purposes, excluding mobile homes.

Certificate of Compliance: A certificate issued by the Zoning Administration Officer upon completion of construction, alteration or change in occupancy or use of a building or land. Said certificate shall acknowledge compliance with all the requirements of this Zoning Law only and any adjustments thereto granted by the Board of Appeals.

Certificate of Occupancy: A certificate issued by the Code Enforcement Officer upon completion of construction, alteration or change in occupancy or use of a building. Said certificate shall acknowledge compliance with all the requirements of the New York State Uniform Fire Prevention and Building Code.

Child Day Care: Shall mean care for a child on a regular basis provided away from the child’s residence for less than twenty-four (24) hours per day by someone other than the parent, stepparent, guardian or relative within the third degree of consanguinity of the parents or stepparents of such child.

(1)Child day care does not refer to care provided in:
A summer day camp, traveling summer day camp or children’s overnight camp as defined in the State Sanitary Code;

(2 A program for school-age children operated solely for the purpose of religious education, sports, classes, lessons or recreation;

(3) A facility providing day service under an operating certificate issued by the department;

(4) A facility providing day treatment under an operating certificate issued by the Office of Mental Health or by the Office of Mental Retardation and Developmental Disabilities; or

(5) A kindergarten, pre-kindergarten or nursery school for children three (3) years of age or older, or a program for school-age children three (3) years of age or older, or a program for school-age children conducted during non-school hours, operated by a public school district or by a private school or academy which is providing elementary or secondary education or both in accordance with the compulsory education requirements of the Education Law, provided that such kindergarten, pre-kindergarten, nursery school or program is located on the premises or campus where the elementary or secondary education is provided.

Child Day Care Center: Shall mean a program or facility in which child day 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, except those programs operating as a group family day care home, a family day care home, or school-age child care program, as defined in this Section.

Club: An organization established pursuant to the New York Not-For-Profit Corporation Law for a social, educational, or recreational purpose, catering exclusively to members and their guests, whose activities are not conducted primarily for profit.

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Cluster Development: A development of residential lots, each containing less area than the minimum lot area required for the zone within which such development occurs, while maintaining the overall density limitation imposed by said minimum lot area through the provision of open space as part of the site development plan.

Commercial Communication Tower: A structure, including one or more antennas, that is intended for transmitting and/or receiving radio, television, telephone or microwave communications but excluding those used either for fire, police and other dispatch communications, or exclusively for private radio and television reception and private citizen’s bands, amateur radio and other similar communications.

Commercial Excavation: A lot or part thereof used for the purpose of excavation, processing or sale of sand, gravel, or clay, or other natural mineral deposits or the quarrying of any kind of rock formation, and exclusive of the process of grading a lot preparatory to the construction of a building for which a building permit application has been filed. Commercial excavation shall be divided into two categories based on the scale and type of operation as follows:
1. Major Excavation: All excavations requiring a New York State Mined Land Reclamation Permit shall be considered major excavations.
2. Minor Excavation: All excavations not requiring a New York State Mined Land Reclamation Permit shall be considered minor excavations.

Community Center: Meeting hail or place of assembly, not operated primarily for profit.

Community Residence: A supervised community home operated in compliance with the New York State Mental Hygiene Law which houses not more than fourteen (14) individuals and provides client supervision on a 24 hour basis. For the purposes of this Zoning Law an approved community residence as defined herein is considered a one-family dwelling.

Contractors Yard: Businesses engaged in construction of buildings and structures, remodeling and repairs to existing buildings and structures, electrical services, plumbing services, excavation and grading services, roofing and siding services, masonry services, paving services, well drilling, sewage disposal system installation and services, and other similar services.

Convalescent Home or Extended Care Facility: See "Hospital”.

Coverage: That percentage of the lot area covered by the combined area of all buildings or structures on the lot.

Development: Any man-made change to improved or unimproved real estate, including but

not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations, which change could lead to increased flood damage, excluding normal maintenance to farm roads.

Drive-In Business: A drive-in business includes drive-in restaurants, refreshment stands, banks, and the like where patrons enter the premises and are served or entertained in automobiles.

Dwelling: A building, including but not limited to a factory-manufactured home or mobile home, designed or used exclusively as permanent living quarters for one or more families; the term shall not be deemed to include automobile court, hote/motel, boarding house, tourist home, tent or recreational vehicles.

Dwelling Unit: A building, or portion thereof, providing complete housekeeping facilities for one family.

Dwelling, One-Family: A building containing one dwelling unit only.

Dwelling, Two-Family: A dwelling containing two dwelling units only.

Dwelling, Multi-Family: A dwelling containing three or more dwelling units.

Dwelling Unit, Primary: A dwelling, or portion thereof, providing complete living facilities for one family, and which occupies a space equal to or greater than 50% of the total available living space within a structure.

Factory-Manufactured Home: A dwelling unit, or unit, which incorporate structures or components designed for residential occupancy, constructed by a method or system of construction whereby the structure or component is wholly or in substantial part manufactured in a manufacturing facility and is intended for permanent installation on a building site. As set forth in the NYS Uniform Code (Part 1211.1), a factory-manufactured home shall be constructed and installed in accordance with Subchapter B of the Code. For the purposes of this Zoning Law a factory-manufactured home shall be treated the same as a dwelling unit constructed on-site.

Family: One or more persons who live together in one dwelling unit and maintain a common household. May consist of a single person or of two or more persons, whether or not related by blood, marriage or adoption. May also include domestic servants and gratuitous guests.

Family Day Care Home - Shall mean a family home which is a personal residence and occupied as a family residence which provides child day care on a regular basis for more than three (3) hours per day per child for three (3) to six (6) children for compensation or otherwise, as provided for and registered by NYS Department of State. The name, description or form of the entity which operates a family day care home does not affect its status as a family day care home. For the purposes of this Zoning Law, a family day care home shall be considered an accessory use to a one (1) family dwelling and shall not require a zoning permit unless the building is being altered.

Family-Type Home: Adult care established and operated for the purpose of providing long-term residential care, room, board and personal care, and/or supervision to four (4) or fewer adult persons unrelated to the operator. For the purposes of this Zoning Law a family-type home shall be considered a home occupation.

Fence: An artificially constructed barrier of wood, masonry, stone, wire, metal or any other manufactured material or combination of materials other than temporary uses such as snow fences or rabbit fences.

Flood or Flooding: A general and temporary condition of partial or complete inundation of normally dry land areas, resulting from the overflow of inland waters and/or the unusual and rapid accumulation of, or runoff of, surface waters from any source.

Flood Insurance Rate Map (FIRM): Means an official map of the community, on which the FEMA has delineated the area of special flood hazard and the risk premium zones applicable to the community.

Flood Plain Overlay Zone: That area of the Town identified on the Flood Insurance Rate Map (FEMA Community Number 360283) as being subject to flood and/or mudslide hazards, which area is delineated on the Zoning Map, and for which special flood plain management requirements and criteria are enumerated in the Town’s Flood Damage Prevention Local Law.

Floor Area of a Building: The sum of the gross horizontal area of the several floors of a building and its accessory buildings on the same lot, excluding basement floor areas not devoted to residential use, but including the area of roofed porches and roofed terraces. All dimensions shall be measured between exterior faces of wails.

Floor. Lowest: Floor of lowest enclosed level including basement, crawl space, or garage.

Frontage: The extent of a building or a lot along one public street as defined herein.

Game Room: A building or place containing five (5) or more amusement games as defined herein (see Amusement Game).

Garage. Private: An enclosed space for the storage of one (1) or more motor vehicles, provided that no business, occupation or service is conducted for profit therein, nor is space for more than one (1) car leased to a nonresident of the premises.

Gasoline Station: Any building or land used for sale of motor fuel, oil and motor vehicle accessories, which may include facilities for lubricating, washing or servicing motor vehicles, but not painting or body repairs.

Gasoline Station-Market (Convenience Store): A gasoline station which provides a second commercial service such as a restaurant, dairy bar, beverage market, or food market, or a commercial use which provides for gasoline sales. For the purpose of this definition, sales from vending machines are not considered commercial service.

Grade, Finished: Natural surface of the ground, or the surface of the ground, lawn, walks or roads after the completion of any change in contour.

Group Family Day Care Home - Shall mean a family home which is a personal residence and occupied as a family residence which provides child day care 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, as provided for and registered by NYS Department of State. The name, description or form of the >entity which operates a family day care home does not affect its status as a family day care home. For the purposes of this Zoning Law, a family day care home shall be considered an accessory use to a one (1) family dwelling and shall not require a zoning permit unless the building is being altered.

Habitable Floor Area: Any floor usable for living purposes, which includes working, sleeping, eating, cooking, or recreation or combination thereof. A floor used only for storage purposes is not “habitable”.

Home Occupation: An accessory use of a dwelling unit for gainful employment involving the manufacture, provision or sale of goods, and/or services.In particular, a home occupation may include, but is not limited to, the following: accountant; architect; art studio; attorney; barber shop (limited to one chair); beauty parlors (limited to two work stations); chiropractor; counselor; computer programmer; cook; dentist; direct sale product distribution (Amway, Avon, Tupperware, for example); draftsman; dressmaker or tailor; electrical/radio/television repair; engineer; financial planning and investment services; insurance broker or salesman; massage therapist; musician; optometrist; photographer; physician or surgeon; physical therapist; psychologist; real estate broker or salesperson; surveyor; teacher (limited to no more than two students at one time); telephone answering; upholsterer; veterinarian; or family-type home (adult care). However, a home occupation shall not be interpreted to include the following: motor vehicle repair shop, machine shop, welding and fabrication shop, commercial stables and kennels, restaurants or furniture refinisher.

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

Hospital, Animal: An establishment for the medical and/or surgical care of injured animals.

Hotel/Motel: A building providing overnight accommodation for more than four (4) transient people, which building need not be owner occupied and may provide eating, restaurant and related facilities.

Indoor Recreation: Includes, but is not limited to, health club, bowling alley, tennis court, table tennis, pool hall, skating rink, gymnasium, swimming pool, hobby workshop, and similar places of indoor recreation.

Industrial Park: A large tract of land that has been planned, developed and operated as anintegrated facility for a number of individual industrial uses, with special attention to circulation, parking, utility needs, aesthetics, and compatibility.

Junkyard: The term junkyard shall be defined in the same manner as is set forth in Local Law No. 2 of 1985 of the Town of Pembroke together with any amendment(s) thereto.

Kennel: Building or land used for harboring six (6) or more dogs over six (6) months old.

Landfill, Sanitary: The depositing of refuse in a natural or man-made depression or trench, or dumping it at ground level, then compacting to the smallest practical volume, and covering with earth or other material in a systematic and sanitary manner.

Land Separation: See definition of ”Land Separation” contained in Town of Pembroke Local Law No. 1 of 1992 regulating Land Separations, together with any amendment(s) thereto.

Light Industrial: The processing, fabrication, assembly or packaging of previously prepared or refined materials.

Lot: Land occupied or which may be occupied by a building and its accessory uses, together with required open spaces, having not less than minimum area, width and depth required for a lot in the district in which such land is situated, and having frontage on a street, or other means of access as may be determined by the Planning Board to be adequate as a condition for issuance of a building permit. Any land included in a public road, street or highway right-of-way shall not be considered part of the lot for zoning purposes.

Lot Area: Total area within property lines. Any land included in a public road, street or

highway right-of-way shall not be included in calculating lot area.

Lot. Corner: A lot located at the junction of and fronting on two or more intersecting streets

(also see definition “Lot Line Front”).

Lot Depth: Mean horizontal distance from street right of way line of the lot to its opposite rear line measured at right angles to the street right-of-way line.

Lot. Frontage: The horizontal distance between the side lot lines, measured at the street right-of-way line.

Lot Width: The horizontal distance between the side lot lines, measured at right angles to the lot depth.

Lot Lines: The property lines bounding a lot as defined herein.

Lot Line. Front: In the case of a lot abutting upon only one Street, the line separating the lot

from the street right of way; in the case of a lot abutting more than one street, each street line shall be

considered a front lot line.

Lot Line. Rear: The lot line which is generally opposite the front lot line. If the rear lot line is

less than ten (10) feet in length, or if the lot comes to a point at the rear, the rear lot line shall be

deemed to be a line parallel to the front line, not less than ten (10) feet long, lying wholly within the

lot and farthest from the front lot line.

Lot Line. SideL The property line or lines extending from the front lot line to the rear lot line,

except in the case Of corner lots which have no rear lot line.

Manufactured Housing: A dwelling unit, or units, manufactured in an off-site manufacturing

facility for installation or assembly at the building site, bearing a label certifying it is built h~

compliance with the NYS Uniform Code as either a Factory-Manufactured Home (NYS Uniform

Code Parts 1210, 1211 and 1212) or a Mobile Home (NYS Uniform Code Parts 1220, 1221, 1222

and 1223).

Manufacturing: Establishments engaged in the mechanical or chemical transformation of

materials or substances into new products including the assembling of component parts, the

manufacturing of products, and the blending of materials such as lubricating oils, plastics, resins or

liquors.

Mobile Home: A structure, whether occupied or not, transportable in one or more sections,

and which is built on a permanent chassis and designed to be used as a dwelling with or without a

permanent foundation when connected to required utilities, and includes plumbing, heating, and air

conditioning and electrical systems contained therein. For the purposes of this Zoning Law a mobile home shall comply with the NYS Uniform Code (Parts 606 and 1221.1) and be constructed in accordance with regulations set forth in the Compilation of Federal Regulation (CFR), Title 24 Housing and Urban Development, Chapter XX Office of Ass~istant Secretary for Housing-Federal Housing Commissioner, Department of Housing and Urban Development, Part 3280 Manufactured Mobile Home Construction and Safety Standards.

Mobile Home Park: A parcel which has been improved for the rental or lease of two or more lots and the provision of services for mobile homes for non-transient residential use.

Motel: See Hotel.

Motor Vehicle Repair Shop: Any building or land used for gain, wholly or partially, engaged in the business of service, repair or diagnosing motor vehicle nialflinctions or repairing bodies, fenders or other components damaged by accidents or otherwise.

Non-Conforming Building: A building legally existing at the time it was created which in its design or location upon a lot does not conform to the current regulations of this Zoning Law for the district or zone in which it is located.

Non-Conforming Lot: A lot of record legally existing at the date of the passage of this

Zoning Law which does not have the minimum frontage or contain the minimum area for the zone in which it is located.

Non-Conforming Use: Use of a building or of land legally existing at the time it was created, but not conforming to the current zoning regulations of the district in which it is located.

Nursing Home: An extended or intermediate care facility licensed or approved to provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.

NYS Uniform Code: The New York State Uniform Fire Prevention and Building Code as set forth in 9 NYCRR Volume B of the Executive Law.

Office Building: A building used primarily for conducting the affairs of a business, profession,

Outdoor Recreation: Includes, but is not limited to, golf courses; golf driving range; trap, skeet, and archery range; swimming pool; skating rink; tennis court; recreation stadium; skiing facility; hunting preserve; and similar places of outdoor recreation.

Owner: Person or persons holding legal or equitable title to the property.

Parking Space: An off-street space available for the parking of one (1) motor vehicle on a transient basis and having a width often (10) feet, and an area of not less than two hundred (200) square feet, exclusive of passageways and driveways, and having access to a street.

Person:A person, firm, partnership, corporation, association or legal representative, acting individually or jointly.

Personal Services: Establishments primarily engaged in providing services involving the care of a person or his or her apparel.

Planning Board: The officially designated Town of Pembroke Planning Board as established by the Town Board in accordance with Section 271 of the Town Law.

Pond: A manmade body of water other than a swimming pool, greater than two feet in depth.

Professional Office: An office used by a duly New York State licensed/registered architect,attorney, dentist, certified counselor, certified public accountant (CPA), chiropractor, engineer, insurance broker or salesman, massage therapist, optometrist, physician or surgeon, physical therapist, psychologist, real estate broker or salesperson, surveyor, teacher or veterinarian.

Public Street/Road: A thoroughfare which has been dedicated or deeded to the public for public use, and which has been improved in accordance with municipal standards.

Recreational Vehicle: A unit primarily designed as temporary living quarters for recreational, camping or travel use, which either has its own power or is mounted on or drawn by a motor vehicle. The basic entities 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 motor vehicle.
B. Camp Trailer: A vehicular portable unit mounted on wheels and constructed with collapsible partial side walls which fold for towing by a motor 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. Motor Home: A vehicular unit built on a self-propelled motor vehicle chassis.

Recyclables Handling and Recovery Facility: Recyclables handling and recovery facility means a solid waste management facility, other than collection and transfer vehicles, at which recyclables are separated from the solid waste stream, or at which previously separated recyclables are collected and which is regulated by 6 NYCRR Part 3~0.

Religious Institution: Church, temple, parish house, convent, seminary and retreat house.

Restaurant: Any establishment, however designed, at which food and beverages (alcoholic and/or non-alcoholic) are sold for consumption on the premises to patrons seated within an enclosed building and where the taking of food and drink from said building is incidental. However, a snack bar or refreshment stand at a public, semi-public or community swimming pool, playground, play field or park operated for the convenience of the patrons of the facility shall not be deemed to be a restaurant.

Retail Trade: Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.

Roadside Stand: Structure of a nonpermanent nature (movable and temporary) located on the owner’s property utilized during the harvest season for the sale of agricultural products grown primarily by the owner.

Satellite Dish: A structure which is designed and/or intended to receive, relay or send television signals to or from orbiting or geo-stationary satellites.

School: Schools shall include parochial, private and public institutions providing New York State approved educational services, including preschool and vocational programs, together with private and public schools and colleges and universities.

School-Age Child Care Program: Care provided on a regular basis to more than six school-age children under 13 years of age or who are incapable of caring for themselves where such children attend a school higher than kindergarten or attend full day (at least six hours) kindergarten at a public or private school whether such care is provided for compensation or otherwise.

Self-Service Storage Facility: A building or group of buildings in a controlled-access and fenced compound that contains varying sizes of individual, compartmentalized, and controlled-access stalls or lockers for the dead storage of customer’s goods or wares.

Shopping Center: A group of businesses occupying adjoining structures, having adequate space for loading and unloading and adequate off-street parking.

Sign: Any structure or part thereof, or any device attached to a structure or painted or represented on a structure, which shall display or include any letter, word, model, banner, flag, pennant, insignia, device or representation used as, or which is in the nature of an announcement, direction or advertisement. A sign includes any billboard, but does not include the flag, pennant, or insignia of any nation, or group of nations, or of any state, city or other political unit or of any political, educational, charitable, philanthropic, civic, professional, religious or like campaign, drive, movement or event. However, a sign as designed herein shall not include a similar structure or device located within a building.

Advertising Sign: A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the same lot.

Business Sign: A sign which directs attention to a business or profession conducted or to products sold upon the same lot. A “For Sale” or “To Let” sign relating to the lot on which it is displayed shall be deemed a “business sign”.

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

Portable Sign: A sign, whether on its own trailer, wheels, or otherwise, designed to be movable and not structurally attached to the ground, a building, a structure or another sign.

Temporary Sign: A sign related to a single activity or event having a duration of no more than sixty (60) days.

Sign Area: The area defined by the frame or edge of a sian. 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.

Site Plan: A rendering, drawing or sketch prepared to specifications containing necessary elements, as set forth in this Zoning Law, which shows the arrangement, lay-out and design of the proposed use of a single parcel of land as shown on such plan. Plats showing lot, blocks or sites which are subject to review under Section 276 ofNYS Town Law and the Town of Pembroke , Local Laws Nos. 1 and 2 of 1992 Regulating Land Separations and Subdivisions (including any amendments thereto) shall not be subject to review as site plans under this Zoning Law unless a zoning application is submitted.

Skilled Trade Shop: A shop where an individual involved in a skilled building trade (including carpenter, cabinet/furniture maker, plumber, electrician, for example) assembles custom fixtures, cabinets, furniture, for example, for installation by him/her at ajob site location. No retail sales of materials and/or products directly to the public shall be allowed on site.

Subdivision: See definition of "Subdivision" contained in Town of Pembroke Local Law No. 2 of 1992 regulating Subdivisions (including any amendments thereto).

Special Use Permit: Authorization of a particular use of land which is permitted in this ZoningLaw, subject to conditions imposed by this Zoning Law and/or the Town of Pembroke Planning Board to assure that the proposed use is in harmony with this Zoning Law and will not adversely affect the neighborhood if such conditions are met.

Stable, Private: A building in which horses or other livestock are kept for private use and not for hire, remuneration, or sale.

Stable, Public: A building in which horses or other livestock are kept for remuneration, hire or sale.

Stabling of Agricultural Animals: A concentration of animals, permitted under agricultural use, private stable and public stable, within a building, structure or other defined area for the purpose of housing or feeding.

Street/Road Grade: The officially established grade of the street upon which a lot fronts. If there is no officially established grade, the existing grade of the street shall be taken as the street grade.

Street/Road Right-of-Way Line: The line determining the limit of the highway rights of the public, either existing or contemplated.

Structure: Anything constructed or erected, the use of which requires location on or in the ground, or attachment to something having location on or in the ground.

Swimming Pool: A structure intended for bathing, swimming or diving purposes, made of concrete, masonry, metal or other impervious materials, provided with a re-circulating and/or controlled water supply and a depth of greater than two (2) feet.

Temporary Use: An activity conducted for a specified limited period of time which may not otherwise be permitted by the provisions of this Zoning Law. Examples of such uses are buildings incidental to new construction which are removed after the completion of the construction work.

Tourist Home: Owner-occupied dwelling in which overnight accommodation is provided for less than four (4) transient people for profit (includes bed and breakfast).

Town Board: Shall mean the Town Board of the Town of Pembroke, New York.

Trailer: Trailer shall include any towed vehicle used for carrying goods, equipment, and/ormachinery.

Unregistered Motor Vehicle: Any powered vehicle designed for use on public highways including automobiles, trucks, and motorcycles for which the annual registration issued by the NYS Dept. of Motor Vehicles has expired or where the license plate has been removed.

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

Use Variance: The authorization by the Zoning Board of Appeals for use of land for a purpose which is not allowed or is prohibited by this Zoning Law.

Utility. Public: Any person, firm, corporation or governmental subdivision, duly authorized to furnish to the public, under public regulation, electricity, gas, water, sanitary sewers, storm sewers, steam, telephone, telegraph or cable television, or other similar service.

Warehouse: A building used primarily for the storage and/or distribution of goods and materials.

Yard: An unoccupied open space, on the same lot with any principal or accessory buildings or structures.

Yard, Front: The unoccupied, open space within and extending the fill width of the lot from the front lot line to the front line of the principal building which is nearest to such front lot line.

Yard, Rear: The unoccupied, open space within and extending the fill width of the lot from the rear lot line to the part of the principal building which is nearest to such lot line.

Yard, Side: The unoccupied, open space within the lot extending the full distance from the front yard to the rear yard and from the side lot line to the part of the principal building which is nearest to such side lot line.

Zoning Administration Officer: The Zoning Administration Officer of the Town of Pembroke as appointed by the Town Board to administer the permit, inspection and review provisions of the Zoning Law.

Zoning Enforcement Officer: The Zoning Enforcement Officer of the Town of Pembroke as appointed by the Town Board whose duties are to enforce the Zoning Law and conditions placed upon Special Use Permits.

Zoning Permit: A permit issued by the Zoning Administration Officer, stating that the purpose for which a building, structure or land area is to be used is in conformance with the uses permitted and all other requirements of this Zoning Law.