For the purpose of this chapter certain terms
or words herein shall be interpreted or construed, unless inconsistent
with the text, as follows:
A.
The singular shall include the plural, and the plural
shall include the singular.
B.
The word "person" shall include an individual, firm
or corporation.
C.
Words used in the present tense include the future
tense.
D.
The word "shall" is always mandatory.
E.
The words "used" or "occupied," as applied to any
land or building, shall be construed to include the words "intended,
arranged or designed to be used or occupied."
F.
The word "lot" includes the word "plot" or "parcel."
G.
Reference to an R District shall include R-12, R-L
and R-A Districts.
H.
An abutting or adjoining lot shall be deemed to be
in the district containing the largest portion of its area.
For the purpose of this chapter, certain words
shall be defined as follows:
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.
A use customarily incidental and subordinate to the main
use or building and located on the same lot therewith. In no case
shall such accessory use dominate, in area, extent or purpose, the
principal lawful use or building.
A completely enclosed building used to sell, on consignment-commission,
materials, parts, equipment and livestock and agriculture products.
Upon issuance of a special permit, all material is to be stored inside,
except for one day before, the day of the auction or sale and one
day after.
[Added 7-1-1998 by L.L. No. 1-1998]
A building that makes available a room or rooms for overnight
accommodation to transient paying guests with inclusion of at least
one meal per paying guest as part of the accommodations provided,
and which provides guest amenities that are clearly incidental to
the use of such place as a temporary abode (which amenities shall
be individually listed on the special use permit application provided
by the Town Code Enforcement Officer, and shall be voted on individually
by the Town Board prior to the issuance of the special use permit).
[Added 6-2-2004 by L.L. No. 1-2004]
Any structure having a roof supported by columns or walls
for the housing or enclosure of persons, animals or chattel, but not
to include a trailer. When such a structure is divided into separate
parts by one or more unpierced walls extending from the ground up,
each such part shall be deemed to be a separate building, except as
regards requirements for side yards as hereinafter provided.
Property used for conducting the business activities of persons
engaged in such building or construction trades as plumbing, electrical,
masonry, excavation, grading, building, structural repair or alterations,
painting, renovations, roofing, siding or swimming pool construction.
Junked vehicles, equipment and materials shall not be stored in open
areas of the premises.
[Added 7-1-1998 by L.L. No. 1-1998;
amended 11-4-1998 by L.L. No. 2-1998]
All measurements of building heights shall be made and determined
in the following manner: If a curb level has been established on the
street on which the building faces, and the mean natural level of
the lot is lower or not more than five feet higher than the mean front
curb level, the measurement shall be made from the curb level. If
the mean natural level of the lot is more than five feet higher than
the curb level or if there be no such established curb level, or if
the building sets back more than 50 feet from a street, the measurement
shall be made from the mean natural level of the lot immediately adjacent
to the building foundation. All such measurements shall be made vertically
upward to the mean level of the main portions of the roof.
A line parallel to the street line between which line and
the street line no building may be built.
Any area providing recreational activities, facilities or
services for a fee.
A building or portion thereof designed or used exclusively
as the residence or sleeping place of one or more persons, but not
a mobile home.
One or more rooms designed for occupancy by one family for
cooking, living and sleeping purposes.
A use similar in character to listed permitted uses. A use
which generates similar factors concerning traffic, parking of vehicles,
noise, dust, odor, vibration, glare, water and sanitary sewerage needs
and to no greater a degree than the listed permitted uses.
Any parcel of land containing at least five acres which is
used in the raising of agricultural products, livestock, poultry and
dairy products. It includes necessary farm structures within the prescribed
limits and the storage of equipment used.
[Amended 8-7-2002 by L.L. No. 4-2002]
Any structure necessary to the operation of a farm and for
the storage of farm equipment, except dwellings, garages used for
the storage of nonfarm vehicles, and roadside stands used for the
sale of products raised on the premises.
Any barrier that is naturally grown or constructed for the
apparent purpose of confinement, privacy and/or protection.
[Added 8-7-2002 by L.L. No. 4-2002]
Any fence located a distance of at least 25 feet from any
property line, the purpose of which is to provide privacy for a use
or structure such as a patio or swimming pool.
[Added 8-7-2002 by L.L. No. 4-2002]
Any fence, which is constructed to provide a barrier from
a naturally occurring hazard.
[Added 8-7-2002 by L.L. No. 4-2002]
Capable of igniting within five seconds when exposed to flame
and of continuing to burn thereafter.
[Added 8-7-2002 by L.L. No. 4-2002]
A completely enclosed building where individual stands or
spaces are provided to two or more persons for the purpose of selling,
buying or exchanging goods, and where all required on-premises parking
is designed and provides for the safe loading, unloading and movement
of people. Upon issuance of a special use permit, all material is
to be stored inside, except for one day before, the day of the auction
or sale and one day after.
[Added 7-1-1998 by L.L. No. 1-1998;
amended 5-1-2013 by L.L. No. 2-2013]
An outdoor area on a lot totaling at least five acres in
size, on which individual stands or spaces are provided or rented,
for the purpose of selling, buying or exchanging goods, where (a)
all required on-premises parking is designed and provides for the
safe loading, unloading and movement of people, (b) the preparation
and dismantling of the sale stands is completed within one thirty-six-hour
period during any calendar week, (c) no goods for sale are stored
on site during the rest of the week, and (d) the sales and parking
areas are set back from the closest residence on a neighboring property
by at least 500 feet.
[Added 5-1-2013 by L.L.
No. 2-2013]
A detached 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 three passenger
vehicles used by others.
A structure or portion thereof, other than a private or community
garage, used for the storage, hire or repair of self-propelled vehicles
or trailers.
Any establishment supplying and selling gasoline or other
equivalent fuel directly to motor vehicles from a pump or pumps located
outside a building and on private property.[1]
Any home occupation which is not a minor home occupation.
[Added 5-5-2010 by L.L. No. 2-2010]
Any home occupation which:
[Added 5-5-2010 by L.L. No. 2-2010]
Involves no persons other than persons residing on the premises.
Shows no visible evidence of the conduct of the occupation from the exterior of the dwelling unit or structure in which the business is conducted, other than a sign in accordance with § 185-43K(4)(a) hereof.
Generates no significant additional traffic nor the need for
off-street parking beyond the customary needs of the occupants of
the dwelling unit.
Involves no more than five visits per day from customers, clients,
suppliers, or shipping services having the need to be on the premises.
Uses no equipment which would not customarily be used by the
occupants of a dwelling unit.
Is conducted entirely inside of the principal dwelling unit
or other structure on the premises.
A building or group of buildings having individual sleeping
units for hire for transient occupancy which has a common exterior
entrance or entrances and which may provide other services, such as
meeting rooms and banquet facilities that are clearly incidental to
the use
[Added 6-2-2004 by L.L. No. 1-2004]
Discarded or stored material, parts, equipment, items or
merchandise, including trash, garbage and debris, which have been
determined be of poor quality, old, corroded, worn, deteriorated,
broken or missing parts, unused or can no longer be used for the original
manufactured purpose. Such materials as glass, pipe and other metal
objects and items, cardboard, newspapers and certain construction
and demolition material shall be considered junk for the purpose of
applying this definition.
[Added 8-4-1999 by L.L. No. 2-1999]
[Added 8-4-1999 by L.L. No. 2-1999]
Any motorized vehicle to include those intended
for operation both on and off public roadways that additionally meet
certain criteria as described within this definition. Only those motorized
vehicles which are stored outdoors (outside of a garage or a completely
enclosed building) shall be considered junk vehicles. Additionally,
any motorized vehicle shall be considered a junk vehicle only after
a determination has been made by the Enforcement Officer, and any
of the following criteria is evident:
Any motorized vehicle that has been determined
abandoned due to it's limited value or usefulness.
Any motorized vehicle that is mechanically inoperative
or appears to be beyond economical repair.
Any motorized vehicle being dismantled or cannibalized
for parts which has been stored in open areas of the premises for
a period 30 days or more.
Any motorized vehicle that is missing bumpers,
fenders, doors, windows or other major body parts which have been
damaged and require major repair or replacement.
Any motorized vehicle, whether intended for
use on public highways or not, which is not capable of passing a New
York State Vehicle Safety Inspection due to any major visible safety
problem, including missing parts.
Any motorized vehicle stored or parked in such
a manner as to create a hazardous situation for passers-by, children
at play or wildlife.
Any motorized vehicle which alters the character
of the neighborhood or by virtue of it's removal would improve the
character of the neighborhood.
The offering of any motorized vehicle for sale
or the parking or storing of any motorized vehicle upon a platform,
trailer or by other means shall not exempt it's classification as
a junk vehicle as described within this definition.
The use of more than 200 square feet of an area of any lot
for the buying, selling, exchanging, sorting, storing, bailing, packing,
disassembling or handling of junk, waste, discarded or salvaged material,
but not including operation of a pawn shop, antique shop or establishment
of the sale of used motor vehicles capable of being registered, or
of machinery to be reused for the purpose of which originally manufactured.[2]
Any premises on which four or more dogs over four months
of age are kept.
A completely enclosed building of up to, but not exceeding,
10,000 square feet in gross floor area to be used solely for the sale
of goods or articles to be sold directly to the consumer in small
quantities, or to be stored in bulk or larger lot quantities for shipment
to other businesses. The following requirements shall apply to all
such limited retail/wholesale businesses:
[Added 7-1-1998 by L.L. No. 1-1998;
amended 11-4-1998 by L.L. No. 2-1998; 4-7-1999 by L.L. No. 1-1999]
No more than 11 employees, including the owner,
shall be employed upon the premises at any one time.
Such businesses shall have no substantial adverse
effect upon the environment or the existing character of the neighborhood.
Such businesses shall generate no nuisances
such as flashing lights, glare, pollution, smoke, dust, noise, odor
or vibration.
A parcel of land for occupancy by a building or use and the
accessory buildings or uses customarily incident to it, including
such open spaces as are required by this chapter and such open spaces
as are arranged and designed to be used in connection with such building.
A lot may or may not be the land shown as a lot on a duly recorded
plot. For purposes of applying this term, separate but contiguous
tax map parcels may be treated as a single lot, at the owner/applicant's
option.
[Amended 8-6-2014 by L.L.
No. 1-2014]
CORNER LOTA lot of which at least two adjacent sides abut for their full lengths upon streets.
INTERIOR LOTA lot other than a corner lot.
The mean horizontal distance between the front and rear lot
lines.
The property lines bounding the lot. In the case of a lot
abutting on more than one street, the owner may elect any street lot
line the front lot line. The rear line shall be the lot line most
distant from the front lot line. Where a lot abuts on one street,
the street line shall be the front lot line.
A parcel of land described in a conveyance duly recorded
in the Chautauqua County Clerk's office.
The least horizontal distance across the lot between side
lot lines, measured at the front of a main building erected or to
be erected on such lot or at a distance from the front lot line equal
to the required depth of front yard.
Any vehicle or similar portable structure having been constructed
with wheels, whether or not such wheels have been removed, and having
no foundation other than wheels, jacks or skirting and so designed
or constructed as to permit occupancy for dwelling or sleeping purposes.
Any plot of ground upon which two or more mobile homes, occupied
for dwelling or sleeping purposes, are located, regardless of whether
or not a charge is made for such accommodations.
A building or group of buildings having individual sleeping
units, along with customary accessory amenities, for hire which are
designed primarily for transient automobile travelers, and in which
at least 75% of all sleeping units have direct access to the outside.
The term "motel" includes but is not limited to motor hotel, motor
court, motor inn, motor lodge and tourist court, as those terms are
commonly used.
[Added 6-2-2004 by L.L. No. 1-2004]
A legally existing use of land, premises building or structure,
existing at the time of the effective date of this chapter, which
fails to comply with the regulations set forth in this chapter applicable
to the district in which such use is located.
An off-street space which is available for the parking of
one motor vehicle, has an area of not less than 200 square feet exclusive
of passageways and driveways giving access thereto, and which has
direct access to a street.
An artificially constructed body of water having a depth
of two or more feet at its deepest point. A swimming pool is not a
pond. A decorative pond having a capacity of less than 200 gallons
is not a pond for the purposes of this section.
[Added 8-7-2002 by L.L. No. 3-2002]
One used by a duly licensed architect, attorney, certified
public accountant, dentist, optometrist, engineer, insurance broker
or salesman, physician or surgeon, real estate broker or surveyor
and other like professions.
[Added 7-1-1998 by L.L. No. 1-1998]
Any structure, wall display, device or representation which
is designed or used to advertise or call attention to or directs a
person to a business, association, profession, commodity, product,
institution, service, entertainment, person, place or thing, or activity
of any kind, and is visible from a highway or other public right-of-way.
Any sign with a total sign area lager than 150 square feet.
[Added 7-6-2003 by L.L.
No. 1-2003]
A sign that uses a matrix of illumination elements, such
as light-emitting diodes (LED), liquid crystal display (LCD), plasma
display, individual light bulbs, or other digital or analog electronic
media to display or project images and/or copy which can be modified
by electronic processes.
[Added 5-1-2013 by L.L.
No. 1-2013]
A sign limited to providing the farm name, logo and membership
in a farm cooperative or a breeders' or product association.
[Added 7-6-2003 by L.L.
No. 1-2003; amended 5-1-2013 by L.L. No. 1-2013]
A sign that is not attached to any building or structure
and is either:
[Added 5-1-2013 by L.L.
No. 1-2013]
Supported by two or more posts or support which places the bottom
thereof less than six feet from the ground (i.e., a ground sign);
Set upon and attached to a permanent foundation (i.e., a monument
sign); or
Supported by one or more poles, columns, or supports placed
in or on the ground (i.e., a pole or pylon sign).
On-premises sign for a permitted home occupation.
[Added 7-6-2003 by L.L. No. 1-2003]
Any sign illuminated by electricity, gas or other artificial
light, either from the interior or exterior of the sign.
[Added 7-6-2003 by L.L. No. 1-2003]
A sign which directs attention to a business, profession,
commodity, service or entertainment that is not carried on, sold or
offered on the same premises.
[Added 7-6-2003 by L.L. No. 1-2003]
A sign that directs attention to a business, profession,
commodity, service or entertainment carried on, sold or offered on
the same premises.
[Added 7-6-2003 by L.L. No. 1-2003]
A sign advertising, indicating, or promoting the political
candidacy, issues, or philosophies of any person or organization.
[Added 7-6-2003 by L.L. No. 1-2003]
A sign, whether on its own trailer, wheels or otherwise,
designed to be movable and not structurally or permanently attached
to the ground, a building or other structure, or another sign.
[Added 7-6-2003 by L.L. No. 1-2003]
A sign which is attached to a building, wall, or structure
and which extends horizontally more than 15 inches from the plane
of such wall or structure or a sign which is perpendicular to the
face of such wall or structure.
[Added 7-6-2003 by L.L. No. 1-2003]
A sign which is painted on or attached to the outside wall
of a building or structure with the face of the sign parallel to such
wall and not extending more than 15 inches from the face of such wall.
[Added 7-6-2003 by L.L. No. 1-2003;
amended 5-1-2013 by L.L. No. 1-2013]
Any road, avenue, lane, alley or other way which has become
a public highway or private right-of-way.
The elevation of a street as established by the Town.
The lot line of a street. (Do not confuse with the curbline.)
Anything constructed or erected which requires permanent
location on the ground or attachment to something having such location.
A structure which is designed so as to be moved without being
dismantled or attached to any permanent foundation.
See "mobile home."
A place where used motor vehicles are sold or offered for
sale which meet the standards of inspection before registration for
motor vehicles prescribed by the New York State Department of Motor
Vehicles.
Gasoline or any substance more vaporizable or more inflammable
than gasoline.
Any mechanism designed for the purpose of converting wind
energy into electrical energy.
[Added 8-7-2002 by L.L. No. 2-2002]
A WECS that is the prime use on a parcel of land and supplies
electrical power for off-site use.
[Added 8-7-2002 by L.L. No. 2-2002]
A WECS that is incidental and subordinate to another use
on the same parcel and supplies electrical power solely for on-site
use, except that when a parcel on which a noncommercial WECS is installed
also receives electrical power supplied by a utility company excess
electrical power generated by the noncommercial WECS and not presently
needed for on-site use may be used by the utility company in exchange
for a reduction in the cost of electrical power supplied by that company
to the parcel for on-site use, as long as no net revenue is produced
by such excess electrical power.
[Added 8-7-2002 by L.L. No. 2-2002]
FRONT- An open space extending the full width of the lot between a main building and the front lot line unoccupied and unobstructed by buildings the depth of which shall be the least distance between the front lot line and the front of a main building.
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 except as heretofore specified, the depth of which shall be the least distance between the rear lot line and the rear of such main building.
SIDE- An open space extending from the front yard to the rear yard between a main building and the side lot line, unoccupied and unobstructed by buildings except as heretofore specified, the be measured horizontally from the nearest point of the side lot line to the nearest part of the main building. An interior side yard is any side yard not on the street side of a corner lot.
[1]
Editor’s Note: The former definition of “home
occupation,” which immediately followed this definition, was
repealed 5-5-2010 by L.L. No. 2-2010.
[3]
Editor's Note: This local law also repealed the following
definitions, all of which were added 7-6-2003 by L.L. No. 1-2003 and
formerly followed this definition: "sign, awning," "sign, directional,"
"sign, flashing," "sign, freestanding (ground)," "sign, freestanding
(monument)," "sign, freestanding (pole or pylon)," "sign, gateway,"
"sign, information," "sign, professional," "sign, residential," "sign,
roof," "sign, temporary," and "sign, tourist."
