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.
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 animal and poultry husbandry.
[Added 8-14-2007 by L.L. No. 4-2007]
BED-AND-BREAKFAST INN
An owner-occupied building designed, use and occupied as a single-family residence having, as an accessory use therein, public lodging rooms and facilities for preregistered short-term transient guests.
[Added 5-11-1993 by L.L. No. 1-1993]
BOARDING- OR ROOMING HOUSE
The furnishing of meals and/or living accommodations for four or more persons on a weekly or longer time basis for compensation.
BUILDING COVERAGE
The horizontal area of a lot covered by buildings, measured to the outside of walls.
BUILDING HEIGHT
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 for flat roofs, to the deck line of mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
CAMPING GROUND
Land used for temporary overnight accommodations in tents, trailers or other nondwelling arrangements. This term does not include mobile home courts.
CERTIFICATE OF OCCUPANCY
A certificate issued by the Building Zoning 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 this chapter and such adjustments thereto granted by the Board of Appeals.
CLUSTER DEVELOPMENT
A development of residential lots, each containing less area than the minimum lot required for the zone within which such development occurs but maintaining the density limitation imposed by said minimum lot area through the provision of open space as a part of the subdivision plan.
COMMERCIAL GARAGE
Any building, structure or lot which is used for the repair, maintenance or equipping of motor vehicles.
COMMERCIAL RECREATION
The use of land or structures thereon for recreational functions or purposes for the use of the general public or enrolled membership and operated for gain.
DRIVEWAY
A road or right-of-way, usually private, extending from a street or other public thoroughfare to a building, house, garage or other fixed structure.
[Added 10-11-2016 by L.L. No. 3-2016]
DWELLING
A building used as the living quarters for one or more families, but not including a boardinghouse or rooming house, hotel or lodging house or motel.
DWELLING GROUP
A group of two or more dwellings located on the same lot and having any yard or open space in common.
DWELLING, MULTIFAMILY
A building or a group of buildings on one lot containing three or more dwelling units or two or more buildings with one or more dwellings on one lot.
DWELLING, ONE-FAMILY
A building containing one dwelling unit.
DWELLING, TWO-FAMILY
A building containing two dwelling units.
[Amended 12-8-1998 by L.L. No. 2-1998]
DWELLING UNIT
A structure or part of a structure containing a room or rooms designed for human occupancy by one family and including customary kitchen facilities.
FAMILY
One person or more than one person related by birth, marriage or other domestic bond, occupying a dwelling unit and living as a single, nonprofit housekeeping unit, including domestic servants and gratuitous guests, together with boarders, roomers or lodgers not in excess of the number allowed by this chapter by definition or as an accessory use.
FARM
A parcel or parcels in an R-Residential or A-Agricultural District devoted to farming as a primary use.
[Amended 6-11-2013 by L.L. No. 1-2013]
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.
JUNKYARD
An area, lot or unenclosed shed where junk, waste or discarded salvaged materials are bought, sold, exchanged, sorted, baled, packed, disassembled, handled or abandoned, including auto wrecking or dismantling yards, house wrecking yards, used lumber yards and places or yards for use of salvaged house wrecking and structural steel materials and equipment; but not including pawn shops and establishments for the sale, purchase or storage of used furniture, household equipment and clothing, for processing of used, discarded or salvaged materials as part of manufacturing operations or for the sale, purchase or storage of used motor vehicles or salvaged machinery to be reused for the purpose for which originally manufactured.
KENNEL
Any premises on which four or more dogs over six months of age are kept.
LOT
A parcel of land considered as a unit, devoted to a certain use or occupied by a building or a group of buildings that are united by a common interest or use, and the customary accessories and open spaces belonging to the same. A "lot" within the meaning of this chapter may or may not be a lot as shown on a subdivision plat, assessment record or recorded deed.
LOT AREA
The net area contained within lot lines.
LOT LINES
The property lines bounding the lot by legal description. The "front lot line" shall be measured at the edge of the right-of-way of the highway giving access to the lot. In the case of a corner lot, the owner may designate either street line as the "front lot line" and shall maintain the minimum setbacks from the edge of each right-of-way. The "rear lot line" shall be the lot line most distance from the front lot line.
[Amended 12-8-1998 by L.L. No. 2-1998; 8-26-2008 by L.L. No. 8-2008]
LOT WIDTH
The least horizontal distance across the lot between side lot lines measured at the nearest street or highway center line.
MOBILE HOME
Any vehicle or combination thereof used, designed for use or capable of being used for sleeping or living quarters for one or more persons, designed to be moved from one location to another by means of wheels affixed to an axle or carriage affixed to the vehicle, whether propelled by its own power or by the power of another vehicle to which it may be attached, and whether the axle or carriage to which the wheels may be affixed is detachable or detached, and irrespective of the name or title assigned or designated by the manufacturer of the unit or any other persons.
MOBILE HOME PARK
Any plot of ground on which two or more occupied mobile homes are located, whether or not a charge is made for such accommodations.
MOTEL
A building or group of buildings used primarily as sleeping or living quarters for transient automobile travelers and providing for accessory off-street parking but with no cooking facilities except in a restaurant or caretaker's unit. The term includes auto courts, cabin courts, motor lodges, tourist courts and similar appellations, but not trailer camps.
NONCONFORMING USE
Lawful occupancy of a structure or land by a use or activity which was lawful prior to the adoption or amendment of this Chapter 200, Zoning, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment.
NURSERY SCHOOL
Use of a building or lot or part of a building or lot for nursery or other care of more than five children under six years of age not residing on the premises and conducted on a regularly scheduled basis.
NURSING HOME
Use of a building for nursing care of two or more persons not related to the operators by family ties and done for compensation.
OFF-STREET LOADING SPACE
An unobstructed area having access to a street suitable for the loading or unloading of motor transport vehicles with minimum dimensions of 12 feet in height, 10 feet in width and 50 feet in depth.
OFF-STREET PARKING SPACE
An unobstructed area having access to a street suitable for the parking of passenger motor vehicles and with minimum dimensions of 10 feet in width and 20 feet in depth.
PERSONAL SERVICE ESTABLISHMENT
An office, store or other place of business catering to the personal needs of a customer, such as normally conducted by a barber, beautician, tailor or dressmaker.
PLANNED COMMERCIAL RECREATION DEVELOPMENT
The development of a parcel of land for recreational use operated for gain in a planned unit concept whereby the area may contain diverse recreational facilities, together with accessory service uses, such as food, lodging, amusement, specialized related rental sales and parking facilities.
PRIVATE GARAGE
An accessory building or portion of a main building used for the storage of self-propelled vehicles used by the occupants of the premises, including space for not more than one passenger vehicle used by others.
PROFESSIONAL OFFICE
When operated as a permitted accessory use in a residence district, a room or rooms on the same lot as the residence of a professional doctor, dentist, engineer, architect or other recognized professional, used as a place of business for such profession in a manner clearly accessory to the dwelling use of the lot.
PUBLIC UTILITY USES
[Added 4-9-1997 by L.L. No. 2-1997]
A. 
A private business, person or persons, often a monopoly, which provide services so essential to the public interests as to enjoy certain privileges, such as eminent domain, which are subject to governmental regulations, such as the fixing of rates and standards of service, including regulation by the New York State Public Service Commission, the Federal Communications Commission or other such agency. Characteristics of a public utility include:
(1) 
The essential nature of the service offered must be taken into account when regulations seek to limit expansion of facilities which provide the service;
(2) 
Operation under a franchise, subject to some measure of public regulation; and
(3) 
Logistic problems, such as the fact that the product of the utility must be piped, wired or otherwise served to each user and the supply must be maintained at a constant level to meet minute-by-minute need, and the user has no alternate source, and the supplier commonly has no alternate means of delivery.
B. 
Public utility services shall include electric, gas, water, sewer, fuel oil and telephone services.
SEASONAL BASIS
The conducting of a use for a period not exceeding eight months in any calendar year.
SETBACK
The least distance from any building to the front lot line or the adjacent boundary of the existing or platted street or highway or right-of-way, whichever is greater.
[Amended 12-8-1998 by L.L. No. 2-1998; 8-14-2007 by L.L. No. 4-2007]
SIGN
Any advertisement, announcement, direction or communication produced in whole or in part by the construction, erection, affixing or placing of a structure on any land or on any other structure or produced by painting on or posting or placing any printed, lettered, pictured, figured or colored material on any structure or surface, but not including signs placed or erected by the Town of Wales, the County of Erie or the State of New York for the purpose of showing street names or traffic directions or regulations or for other public purposes.
SIGN AREA
The area defined by the frame or edge of a sign. Where there is no geometric frame or edge of the sign, the "area" shall be defined as a projected, enclosed, four-sided (straight sides) geometric shape which most closely outlines said sign.
SITE PLAN
A plan of a lot or subdivision on which is shown topography, location of all buildings, structures, roads, rights-of-way and boundaries, all essential dimensions and bearings and any other information deemed necessary by the Town Board.
SPECIAL PERMIT USES
A use requiring the additional standards and approval as specified in Article VII.
STORY
That portion of a building between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between any floor and ceiling next above it. A basement shall be counted as a "story" for purposes of height measurement if the ceiling is more than five feet above the average adjoining ground level. A "half-story" is a story under a sloping roof, having a ceiling height of seven feet or more or not exceeding 1/2 the floor area of the uppermost full story in the building.
STRUCTURE
Anything constructed or erected which requires permanent location on the ground or attachment to something having such location.
STRUCTURE ALTERATIONS
Any change in the supporting members of a building or other structure, such as bearing walls, columns, beams or girders.
SUBDIVISION
Any tract of land which is divided into five or more parcels, effective August 1, 1977, along any existing or proposed street(s), highway(s), easement(s) or right(s)-of-way for sale or for rent as residential lots or residential building plots, regardless of whether the lots or plots to be sold or offered for sale or lease for any period of time are described by metes or bounds or by reference to a map or survey of the property or by any other method of description and regardless of whether the lots or plots are contiguous. A tract of land shall constitute a "subdivision" upon the sale, rental or offer for sale or lease of the fifth residential lot or residential building plot therefrom within any consecutive three-year period, and the same shall apply to all such parcels thereof, including the first four parcels, regardless of whether said parcels have been sold, rented or offered for sale or lease, either singly or collectively. The word "tract" shall mean any body of land, including contiguous parcels of land, under one ownership or under common control of any group of persons acting in concert as part of a common scheme or plan. "Residential building plot or lot" shall mean any parcel of land of five acres or less, any point on the boundary line of which is less than 1/2 mile from any point on the boundary line of another such lot in the same tract, unless any such lot may not legally be used for residential purpose. Without limiting the generality of the foregoing, the term "residential" shall include temporary, seasonal and permanent residential use. "Subdivision" does not include any parcel of land acquired as one parcel for the residential purposes as provided in the New York Public Health Law § 1115-a.
TELECOMMUNICATIONS FACILITIES
Towers and/or antennas and their accessory structures together used in connection with the provision of cellular telephone service, personal communications services, digital and/or data communication services, paging services, radio and television broadcast services and similar broadcast services. (Also referred to as "facilities" or "equipment.") The aforementioned accessory structures are nonhabitable buildings or structures being used in conjunction with a tower or other telecommunications facility, and which are usually located on the same lot as those facilities. Examples of such structures include utility or transmission storage sheds or cabinets.
[Added 4-9-1997 by L.L. No. 2-1997]
TOWER
A structure designed to support antennas. It includes, without limit, freestanding towers, guide wires, monopoles and similar structures which do or which do not employ camouflage technology.
[Added 4-9-1997 by L.L. No. 2-1997]
TRAVEL OR CAMPING TRAILER
Any vehicle permanently licensed and mounted on wheels used exclusively for camping and traveling, either the folding box-type with a tent that opens or a metal shell that can be easily towed by any ordinary automobile on the highway, and shall not be deemed a house trailer under the definitions of this article.
USABLE OPEN SPACE
An area on a lot with a main building, unbuilt on and open to the sky, of such shape, location and character as to be usable for laundry drying, recreational use by small children or other dwelling accessory use, but not to be used for vehicle parking.
USE
The specific purposes for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained.
WASTE
As provided in § 27-0303, Subdivision 7, and § 27-0901, Subdivision 11, of the New York Environmental Conservation Law.
A. 
DISPOSALAs provided in § 27-0303, Subdivision 1, of the New York Environmental Conservation Law.
B. 
INDUSTRIAL-COMMERCIAL WASTEAs provided in § 27-0303, Subdivision 2 of the New York Environmental Conservation Law.
C. 
REGULATED WASTEAs provided in § 27-0303, Subdivision 4, of the New York Environmental Conservation Law.
D. 
SOLID WASTEAs provided in § 27-0701, Subdivision 1, of the New York Environmental Conservation Law.
YARD, FRONT
A. 
An open space extending the full width of the lot between a main building, structure or portion thereof and the front lot line, unoccupied and unobstructed by buildings or structures from the ground upward, the depth of which shall be the least horizontal distance between the front lot line and the front of such main building.
B. 
All corner properties adjacent to a public street, alley or highway shall also be considered as a "front yard" for purposes of this chapter. However, this definition shall specifically not apply for purposes of swimming pool protection.
YARD, REAR
An open space extending the full width of a lot between the rearmost main building and the rear lot line, unoccupied and unobstructed by buildings or structures from the ground upward except as hereinafter specified, the depth of which shall be the least horizontal distance between the rear lot line and the rear of such main building.
YARD, SIDE
An open space extending from the front yard or the rear yard between a main building, structure or portion thereof and the side lot line, unoccupied and unobstructed by buildings or structures from the ground upward, except as hereinafter specified. The required width of the "side yard" shall be measured horizontally from the nearest point of the side lot line to the nearest building.