Unless specifically defined below, words or phrases used in
this chapter shall be interpreted so as to give them the meaning they
have in common usage and to give this chapter its most reasonable
application.
A use or structure on the same lot with and of a nature customarily
incidental and subordinate to the principal use or structure.
Land, excluding necessary structures, that has as its principal
use the raising or keeping of livestock or the growing of crops in
the open.
Fallow land, and the raising of fruits, vegetables, and the
like, and structures incident thereto but not including the raising
or keeping of animals.
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.
A request for a review of the local administrator's
interpretation of any provision of this chapter or a request for a
variance.
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings
exclusive of uncovered porches, terraces and steps.
A designated AO or VO Zone on a community's Flood Insurance
Rate Map (FIRM) with base flood depths from one to three feet where
a clearly defined channel does not exist, where the path of flooding
is unpredictable and indeterminate, and where velocity flow may be
evident.
The land in the floodplain within a community subject to
a one-percent or greater chance of flooding in any given year. This
area may be designated as Zone A, AE, AH, AO, A1-99, V, VO, VE or
V1-30. It is also commonly referred to as the "base floodplain" or
"one-hundred-year floodplain."
Any site containing three or more motor vehicles which are
unlicensed.[1]
The repair, rebuilding or reconditioning of motor vehicles
or parts thereof, including collision service, painting and steam
cleaning of vehicles.
The flood having a one-percent chance of being equalled or
exceeded in any given year.
That portion of a building having its floor subgrade (below
ground level) on all sides.
A dwelling in which there are less than 10 rooms for rent
for overnight accommodations and which provides or offers only the
morning meal for transient guests for compensation, but such use is
secondary to the occupancy of the dwelling by a family or individual.
The Town Board of Little Valley, County of Cattaraugus, New
York.
The Board of Zoning Appeals of the Town of Little Valley,
County of Cattaraugus, New York.
Any type of walls, whether solid or lattice, and whether
constructed of concrete, masonry, wood, metal, plastic, or any other
suitable building material, which are not part of the structural support
of the building and which are so designed as to breakaway, under abnormally
high tides or wave action, without damage to the structural integrity
of the building on which they are used or any buildings to which they
might be carried by floodwaters.
The space remaining on a zoning lot after the minimum open
space requirements of this chapter have been complied with.
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of persons, animals
or chattels for occupancy or storage.
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.
A line parallel to the street line at a distance from it,
regulated by the front yard requirements set up in this chapter.
Has the same meaning as "basement."
A private establishment enrolling four or more children between
two and five years of age and where tuition fees or other form of
compensation for the care of the child is charged, and which is licensed
or approved to operate as a child-care center.
A not-for-profit corporation, as defined in § 102
of the Not-For-Profit Corporation Law of the State of New York, established
for the principal purpose of engaging in outdoor sports, such as golf,
tennis, swimming, or similar activities, but not including any form
of aviation, outdoor trap, skeet, or target shooting. The activities
of such a club shall be deemed to include a club house, provided it
is not an adjunct to or operated by, or in connection with, a public
tavern, cafe or other pubic place.
That percentage of the plot or lot area covered by the building
area.
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.
A building or portion thereof, designed or used exclusively
for residential occupancy, including one-family dwelling units, two-family
dwelling units, multiple-family dwelling units, and mobile homes,
but not including hotels, motels, boardinghouses or lodging houses.
A building or portion thereof providing complete housekeeping
facilities for one family.
Places where food and/or beverages are prepared and/or sold
for consumption on the premises or for take-out.
A nonbasement building built to have the lowest floor elevated
above the ground level by means of fill, solid foundation perimeter
walls, pilings, column (posts and piers) or shear walls.
The erection, construction, alteration, or maintenance by
public utilities or governmental agencies of collection, communication,
transmission, distribution or disposal systems necessary for the furnishing
of adequate public service or for public health, safety or general
welfare, but not including buildings.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the mobile homes are to
be affixed (including the installation of utilities, either final
site grading or pouring of concrete pads, or the construction of streets).
A plot of land, including necessary structures, which is
used for one or more of the following:
Tillage of land to produce food or fiber to be consumed directly
or indirectly by humans or domestic animals or fowl.
Grazing land and its crops to feed domestic animals or fowl.
Raising of poultry in confinement for meat or eggs.
Production of trees, timber, and field or greenhouse production
of ornamental plants, shrubs and flowers.
Any artificially constructed barrier or vegetation barrier
with the intent of preventing passage or eliminating view.
Any artificially constructed barrier or vegetation barrier
with the intent of preventing passage for agricultural purposes.
Any fence which is located near the perimeter of the property
to which passage is prevented or view eliminated.
An official map of the community published by the Federal
Emergency Management Agency as part of a riverine community's
Flood Insurance Study. The FBFM delineates a regulatory floodway along
watercourses studied in detail in the Flood Insurance Study.
An official map of a community, issued by the Federal Emergency
Management Agency, where the boundaries of the areas of special flood
hazard have been defined but no water surface elevation is provided.
An official map of a community, on which the Federal Emergency
Management Agency has delineated both the areas of special flood hazard
and the risk premium zones applicable to the community.
The official report provided by the Federal Emergency Management
Agency. The report contains flood profiles, as well as the Flood Boundary
Floodway Map and the water surface elevations of the base flood.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
A land area adjoining a river, stream, watercourse or lake
which is likely to be flooded.
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The level and elevation above which a particular use will
be considered safe from flooding. Such elevations will be accurately
fixed at various points on the Official Map.[6]
The channel of a river of other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
The area lying outside of and adjacent to the floodway which
may be subject to inundation by the maximum flood or seasonal regional
expectancy.
The top surface of an enclosed area in a building (including
basement), i.e., top of slab in concrete slab construction or top
of wood flooring in wood frame construction.
The operation of timber tracts, tree farms, forest nurseries,
the gathering of forest products or performance of forest services,
including the development and/or maintenance of a forest or wooded
preserve.
A use which cannot perform its intended purpose unless it
is located or carried out in close proximity to water, such as a docking
or port facility necessary for the loading and unloading of cargo
or passengers, shipbuilding, and ship repair. The term does not include
long-term storage, manufacture, sales, or service facilities.
Any floor usable for living purposes, which includes working,
sleeping, eating, cooking or recreation, or a combination thereof.
A floor used only for storage purposes is not a "habitable floor."
The highest natural elevation of the ground surface prior
to construction, next to the proposed walls of a structure.
An accessory use of a service character customarily conducted
within a dwelling by the residents thereof which is clearly secondary
to the use of the building for living purposes and does not change
the character thereof or have any exterior evidence of such secondary
use other than a small name plate and in connection therewith there
is not involved the keeping of stock-in-trade, provided that said
use does not occupy more than 1/4 of the floor area in said principal
residential building or such equivalent in accessory building(s) and
that not more than one paid assistant be therein employed. Mortuary
establishments, stores, eating establishments, tourist homes and manufacturing
establishments of any kind shall not be deemed to be home occupations.
A subordinate or accessory use of land less than 35 square
feet used for the growing of fruits, vegetables, flowers or ornamental
plants.
A lot, land or structure or part thereof used primarily for
the collection, exchange, storage, packing, disassembly and/or sale
of waste, scrap metal, paper, used lumber, rags or similar materials,
but not including pawn shops and establishments for the sale, purchase
or storage of used motor vehicles or salvaged machinery to be used
for the purpose for which originally manufactured.[7]
An open hard-surfaced area of land other than a street or
a public way, the principal use of which is for the standing, loading
and unloading of motor vehicles, tractors and trailers to avoid undue
interferences with public streets and alleys. Such space shall not
be less than 10 feet in width, 35 feet in length and 14 feet in height,
exclusive of access aisles and maneuvering space.
A portion or parcel of land considered as a unity, 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.
The net area contained within lot lines.
The area of a zoning lot occupied by the principal building
or buildings and accessory buildings.
The horizontal distance between the front and rear lot lines
measured in the mean direction of the side lot lines.
The property lines bounding a lot. The front lot line shall
be the right-of-way line of the street or highway giving access to
the lot. In the case of a corner lot, the owner may designate either
street lot line as the front lot line.
Any lot which individually or as a part of a subdivision
has been officially recorded in the office of the Clerk of Cattaraugus
County.
A lot having frontage on two parallel or approximately parallel
streets and which is not a corner lot.
The mean horizontal distance between the side lot lines measured
within the lot boundaries, or the minimum distance between the side
lot lines within the buildable area.
The lowest level, including basement or cellar of the lowest
enclosed area. An unfinished or flood-resistant enclosure, usable
solely for parking of vehicles, building access, or storage in an
area other than a basement is not considered a building's lowest
floor, provided that such enclosure is not built so as to render the
structure in violation of the applicable nonelevation design requirements
of this chapter.
Anything constructed or erected requiring more than 35 square
feet of floor area, located on the ground or attached to something
having location on the ground.
A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes park trailers, travel trailers, and similar transportable structures placed on a site for 180 consecutive days or longer. For further definition see Chapter 90, Mobile Homes and Mobile Home Parks, of the Code of the Town of Little Valley, dated December 30, 1985.
For purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to
which base flood elevations shown on a community's Flood Insurance
Rate Maps are referenced.
Buildings which contain both residential and nonresidential
use. Residential and accessory use parts shall be classified as multiple
dwellings. Nonresidential portions shall be classified in accordance
with their occupancy.
The same meaning as "manufactured home."
Any of the following:
A series of attached, detached, or semidetached buildings, which
are provided as a group collectively with essential services and utilities,
and which are located on a lot, plot, or parcel of land, under common
ownership; or
The residential part of a mixed occupancy building; or
Any residential building on a single zoning lot containing more
then two dwelling units.
As corrected in 1929, is a vertical control used as a reference
for establishing varying elevations within the floodplain.
Structures for which the start of construction commenced
on or after the effective date of this chapter.
A building, structure or land lawfully existing at the time
of enactment of this chapter, or amendment hereto, which does not
conform to the regulations of the district or districts in which it
is located.
[Amended 3-13-2017 by L.L. No. 1-2017]
A school for pre-elementary school children.
A map established according to the enabling statutes for
the purpose of conservation and promotion of the public health, safety
and general welfare showing streets, highways, parks, flood protection
elevation and other facilities established by law.
Has the same meaning as "base flood."
Recreational uses on land that does not contain any permanent
structures.
A place designed and equipped for the conduct of sports,
leisure time activities and other customary and usual recreation facilities.
The Planning Board of the Town of Little Valley, County of
Cattaraugus, New York.
The main use of a structure as distinguished from a subordinate
or accessory structure.
The main use of land as distinguished from a subordinate
or accessory use.
That at least 51% of the actual cash value of the structure,
excluding land value, is above ground.
The office or studio of a resident physician, surgeon, dentist,
or other person licensed by the State of New York to practice a healing
art, lawyer, architect, engineer, real estate broker or salesman,
insurance broker or agent.
Pubic parks, schools and administrative, cultural and service
buildings, not including public land or buildings devoted solely to
the storage and maintenance of equipment and material.
Any person, firm corporation or municipal department duly
authorized to furnish under public regulation to the public, electricity,
gas, steam, telephone, transportation or water.
A lot or land or part thereof used for the purpose of extracting
stone, sand, gravel or topsoil for sale as an industrial operation
and exclusive of the process of grading a lot preparatory to the construction
of a building.
A temporary structure for the display and sale of farm and
related produce and/or crafts, 75% of which must have been produced
on the premises.
Churches, parochial schools, colleges, hospitals and other
institutions of an educational religious, charitable or philanthropic
nature.
Any material, structure or device, or part thereof, composed
of lettered or pictorial matter which is located out-of-doors, or
on the exterior of any building, or indoors as a window sign, displaying
an advertisement, announcement, notice or name, and shall include
any declaration, demonstration, display, representation, illustration
or insignia used to advertise or promote the interests of any person
or business or cause when such is placed in view of the general public.
AWNINGAny visual message incorporated into an awning attached to a building.
COPY-CHANGE SIGNA sign on which the visual message may be periodically changed.
DIRECTIONAL SIGNA sign limited to providing information on the location of an activity, business or event.
FREESTANDING SIGNAny sign not attached or part of any building but separate and permanently affixed by any other means in or upon the ground. Included are pole signs, pylon signs and masonry wall-type signs.
ILLUMINATED SIGNAny sign illuminated by electricity, gas or other artificial light, either from the interior or exterior of the sign, and which includes reflective and phosphorescent light.
OFF-PREMISES SIGNA sign unrelated to a business or a profession conducted, or to a commodity or service sold or offered, upon the premises where such sign is located.
PORTABLE SIGNA sign, whether on its own trailer, wheels, or otherwise designed to be movable and not structurally attached to the ground, building, a structure or another sign.
PROJECTING SIGNA sign which is attached to the building wall or structure and which extends horizontally more than 15 inches from the plane of such wall, or a sign which is perpendicular to the face of such wall or structure.
REPRESENTATIONAL SIGNA three-dimensional sign built so as to physically represent the object advertised.
TEMPORARY SIGNA sign related to a single activity or event having a duration of no more than 30 days.
WALL SIGNA sign which is painted on or attached to the outside wall of a building with the face of the sign in the plane parallel to such wall, and not extending more than 15 inches from the face of such wall.
WINDOW SIGNA sign visible from a sidewalk, street or other pubic place, painted or affixed on glass or other window material or located inside within four feet of the window, but not including graphics in connection with the customary window display of products.
A listing of two or more business enterprises, consisting
of a matrix and sign components.
The supports, uprights, bracing and framework for the sign.
In the case of a sign structure consisting of two or more sides where
the angle formed between any two of the sides or the projections thereof
exceeds 30°, each side shall be considered a separate sign structure.
The entire area within a single, continuous perimeter enclosing
all elements which form an integral part of the sign. The structure
supporting a sign shall be excluded unless the structure is designed
in a way to form an integral background for the display. Both faces
of a double-faced sign shall be included as surface or area of such
a sign.
That maximum area of the floodplain that, on the average,
is likely to be flooded once every 100 years, i.e., that has a one-percent
chance of being flooded each year (one-hundred-year flood).
Any use of land or buildings, or both, described and permitted herein, subject to the provisions of § 140-35.
Recreation or spectator facilities tending toward high-traffic
density and/or high noise levels, including gun clubs, shooting ranges,
race tracks, off-road vehicles, concerts and recreation vehicles.[8]
The use of land and/or buildings for the raising and care
of rabbits, dogs, horses or other domestic animals of a similar nature.
The first placement of permanent construction of a structure
(other than a mobile home) on a site, such as the pouring of slabs
or footings or any work beyond the stage of excavation. Permanent
construction does not include land preparation, such as clearing,
grading and filling; nor does it include the installation of streets
and/or walkways; nor does it include excavation for a basement, footings,
piers or foundations or the erection of temporary forms; nor does
it include the installation on the property of accessory building,
such as garages or sheds not occupied as dwelling units or not as
part of the main structure. For a structure (other than a mobile home)
without a basement or poured footings, the "start of construction"
includes the first permanent framing or assembly of the structure
or any part thereof on its piling or foundation. For mobile homes
not within a mobile park or mobile home subdivision, "start of construction"
means the affixing of the mobile home on its permanent site. For mobile
homes within mobile home parks or mobile home subdivisions, "start
of construction" is the date on which the construction of facilities
for servicing the site on which the mobile home is to be affixed (including,
at a minimum, the construction of streets, either final site grading
or the pouring of concrete pads, and installation of utilities) is
completed.
The portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
is no floor above, then the space between the floor and the ceiling
next above it.
A public or private way which affords the principal means
of access to abutting properties.
Any change other than incidental repairs which would prolong
the life of the supporting members of a building or structure such
as bearing walls, columns, beams and girders.
Anything that is constructed or erected on or under the ground
or upon another structure or building or a gas or liquid storage tank.
For the purposes of this definition "substantial improvement"
is considered to commence when the first alteration of any wall, ceiling,
floor or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the structure.
The term does not, however, include either:
Any project for improvement of a structure to comply with existing
state or local building, fire, health, sanitary, or safety code specifications
which are solely necessary to assure safe living conditions; or
Any alteration of a structure or contributing structure listed
on the National Register of Historic Places or a State Inventory of
Historic Places.
A dwelling in which overnight accommodations are provided
or offered for transient guests for compensation, but such use is
secondary to the occupancy of the dwelling by a family or individual.
Any activity or purpose that a building, structure, lot or
land or part thereof is put to.
Any activity or purpose which agrees with the regulations
set forth in this chapter as permissible.[9]
A mobile home designed for and used for recreation on a seasonal
basis only.
Relaxation of the terms of this chapter which is not contrary
to the public interest and where owing to conditions peculiar to the
property and not the result of the actions of the applicant, a literal
enforcement of this chapter would result in unnecessary and undue
hardship.
A unoccupied space, open to the sky, on the same lot with
a building or structure.
An open unoccupied space on the same lot with a building
situated between the street right-of-way line and a line connecting
the parts of the building setting back from and nearest to such street
right-of-way line and extending to the side lines of the lot.
A yard extending across the full width of the zoning lot
and lying between the rear line of the lot and the nearest line of
the principal building.
The part of the yard lying between the nearest line of the
principal building and side lot line and extending from the required
front yard (or from the front lot line if there is no required front
yard) to the required rear yard.
The map or maps incorporated into this chapter as a part
hereof, designating zoning districts.
The permit issued by the Code Enforcement Officer authorizing
the development, construction, extension or use of land and/or buildings.[10]
