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:
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.
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.
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]
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]
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 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]
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.
As provided in Chapter 120, Junkyards and Junk Dealers.
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]
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]
The furnishing of meals and/or living accommodations for
four or more persons on a weekly or longer time basis for compensation.
The horizontal area of a lot covered by buildings, measured
to the outside of walls.
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.
Land used for temporary overnight accommodations in tents,
trailers or other nondwelling arrangements. This term does not include
mobile home courts.
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.
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.
Any building, structure or lot which is used for the repair,
maintenance or equipping of motor vehicles.
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.
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]
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.
A group of two or more dwellings located on the same lot
and having any yard or open space in common.
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.
A building containing one dwelling unit.
A building containing two dwelling units.
[Amended 12-8-1998 by L.L. No. 2-1998]
A structure or part of a structure containing a room or rooms
designed for human occupancy by one family and including customary
kitchen facilities.
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.
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]
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.
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.
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.
An accessory building or portion of a main building used
for the storage of automotive vehicles used by the occupants of the
premises.
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.
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.
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.
In regard to fences, the distance measured from the existing
grade to the top of the fence.
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]
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.
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.
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.
Any premises on which four or more dogs over six months of
age are kept.
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.
The net area contained within 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]
The least horizontal distance across the lot between side
lot lines measured at the nearest street or highway center line.
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.
Any plot of ground on which two or more occupied mobile homes
are located, whether or not a charge is made for such accommodations.
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.
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.
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.
Use of a building for nursing care of two or more persons
not related to the operators by family ties and done for compensation.
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.
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.
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.
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.
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.
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.
[Added 4-9-1997 by L.L. No. 2-1997]
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:
The essential nature of the service offered
must be taken into account when regulations seek to limit expansion
of facilities which provide the service;
Operation under a franchise, subject to some
measure of public regulation; and
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.
Public utility services shall include electric,
gas, water, sewer, fuel oil and telephone services.
The conducting of a use for a period not exceeding eight
months in any calendar year.
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]
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.
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.
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.
A use requiring the additional standards and approval as specified in Article VII.
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.
Anything constructed or erected which requires permanent
location on the ground or attachment to something having such location.
Any change in the supporting members of a building or other
structure, such as bearing walls, columns, beams or girders.
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.
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]
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]
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.
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.
The specific purposes for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
As provided in § 27-0303, Subdivision 7, and § 27-0901,
Subdivision 11, of the New York Environmental Conservation Law.
DISPOSALAs provided in § 27-0303, Subdivision 1, of the New York Environmental Conservation Law.
INDUSTRIAL-COMMERCIAL WASTEAs provided in § 27-0303, Subdivision 2 of the New York Environmental Conservation Law.
REGULATED WASTEAs provided in § 27-0303, Subdivision 4, of the New York Environmental Conservation Law.
SOLID WASTEAs provided in § 27-0701, Subdivision 1, of the New York Environmental Conservation Law.
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.
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.
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.
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.
