In the construction of this chapter, the rules
and definitions contained in this article shall be observed and applied
except when the context clearly indicates otherwise.
Words used in the present tense shall include
the future; and words used in the singular number shall include the
plural number, and the plural, the singular. The word "shall" is mandatory;
the word "may" is permissive. The word "lot" shall include the words
"plot," "piece" and "parcel"; the word "building" includes all other
structures of every kind regardless of similarity to buildings; and
the phrase "used for" shall include the phrases "arranged for," "designed
for," "intended for," "maintained for" and "occupied for."
The following words and terms, wherever they
occur in this chapter, shall be interpreted as herein defined:
A use or structure on the same lot with and of nature customarily
incidental and subordinate to the principal use or structure.
Land, including necessary buildings and structures, that
has as its principal use the raising or keeping of livestock or the
growing of crops in the open.
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.
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.
Any site containing three or more inoperative motor vehicles
which are unlicensed and which have been permanently removed from
the use for which they were originally manufactured.
The repair, rebuilding or reconditioning of motor vehicles
or parts thereof, including collision service, painting, and steam
cleaning of vehicles.
Any structure or portion thereof situated on private premises
upon which are signs or advertisements containing written or pictorial
information not directly related to the principal use of the land
upon which it is located.
The Town Board of Dayton, County of Cattaraugus, New York.
A dwelling in which more than three persons individually
or as families are housed or lodged for hire with or without meals.
A rooming house or a furnished rooming house shall be deemed a boardinghouse.
The Zoning Board of Appeals of the Town of Dayton, 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 materials 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.
[Added 10-21-1983 by L.L. No. 2-1983]
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of persons, animals
or chattels.
[Amended 10-21-1983 by L.L. No. 2-1983]
The space remaining on a zoning lot after the minimum open
space requirements of this chapter have been complied with.
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 deckline 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.
Any one or more of the following other than a hospital, place
of detention or school offering general instruction:
Type 1: Any area of land or water on which are
located two or more cabins, tents, trailers, shelters, houseboats,
or other accommodations of a design or character suitable for seasonal
or other more or less temporary living purposes, regardless of whether
such structures or other accommodations actually are occupied seasonally
or otherwise; or
Type 2: Any land, including any building thereon,
used for any assembly of persons for what is commonly known as "day
camp" purposes; and any of the foregoing establishments whether or
not conducted for profit and whether or not occupied by adults or
by children, either as individuals, families, or groups.
The administrative officer appointed by the Town Board to
enforce the provisions of this Zoning Chapter.
A building or portion thereof or premises owned and/or operated
by a corporation, association, person or persons for a social, educational
or recreational activity but not primarily for profit or to render
a service which is customarily carried on as a business.
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.
[Added 10-21-1983 by L.L. No. 2-1983]
A lot or land or part thereof used primarily for the disposal
by abandonment, dumping, burial, burning or any other means and for
whatever purpose of garbage, sewage, trash, refuse, junk, discarded
machinery, vehicles, or parts thereof, or waste material of any kind.
A building or portion thereof, but not including a house
trailer or mobile home, designed or used exclusively for residential
occupancy, including one-family dwelling units, two-family dwelling
units and multiple-family units, but not including hotels, motels,
boarding- or lodging houses.
A building or portion thereof providing complete housekeeping
facilities for one family.
The erection, construction, alteration, or maintenance by
public utilities or government 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).
[Added 10-21-1983 by L.L. No. 2-1983]
One or more persons living together in one dwelling unit
and maintaining a common household, including domestic servants and
gratuitous guests, together with boarders, roomers or lodgers not
in excess of the number allowed by this chapter as an accessory use.
An area which is used for the growing of the usual farm products,
such as vegetables, fruit trees and grain, and for the packing or
storage of the products produced on the premises as well as for the
raising thereon of the usual farm poultry and farm animals such as
horses, cattle, sheep and swine, subject to distance limitations from
residential property and not including the commercial feeding of garbage
or offal to swine or other animals, the commercial feeding of animals
on open lots where no feed is raised on the premises, or the commercial
feeding of poultry, broilers, or laboratory animals such as mice,
rats, rabbits, etc.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
[Added 10-21-1983 by L.L. No. 2-1983]
The channel of a river or 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.
[Added 10-21-1983 by L.L. No. 2-1983[1]]
For the purpose of determining requirements for off-street
parking and off-street loading, the floor area shall mean the sum
of the gross horizontal areas of the several floors of the building,
or portion thereof, devoted to such use, including accessory storage
areas located within selling or working space, such as counters, racks
or closets, and any basement floor area devoted to retailing activities,
to the production or processing of goods, or to business or professional
offices.
A place where crude petroleum, gasoline, naphtha benzine,
benzol, kerosene or other flammable liquid which has a flash point
at or below 200º F. (closed cup tester) is stored for wholesale
purposes where the aggregate capacity of all storage tanks is more
than 8,000 gallons, regardless of whether the fuel is stored above
the ground, underground or in mobile tank cars or trucks.
Any area of land, including structures thereon, that is used
for the sale of gasoline or any other motor vehicles' fuel and oil
and other lubricating substances, including any sale of motor vehicle
accessories, and which may or may not include facilities for lubricating,
washing or otherwise servicing motor vehicles, but not including major
repairs, collision service or painting.
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."
[Added 10-21-1983 by L.L. No. 2-1983]
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 nameplate 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.
An establishment containing lodging accommodations designed
for use by transients or travelers or temporary guests with no provision
in said accommodations for cooking in any individual room or suite.
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, lumber, rags or similar materials, but
not including pawnshops and establishments for the sale, purchase
or storage of used furniture, household equipment or clothing; purchase
or storage of used motor vehicles or salvaged machinery to be used
for the purpose for which originally manufactured.
The dividing line between the street and the lot.
An open hard-surface 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
interference 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 building with not more than three guest rooms where lodging
is provided for compensation pursuant to previous arrangement, but
not open to public or overnight guests.
A portion or 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.
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 distances 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 making of goods and articles by hand or machine process.
"Restricted manufacturing" shall be considered to be any manufacturing
or industrial processing which by the nature of the materials, equipment
and process utilized is to a considerable measure clean, quiet and
free of any objectionable or hazardous element. All manufacturing
permitted in any district shall comply with the performance requirements
set forth herein.
A structure, transportable in one or more sections, which
in the traveling mode is eight body feet or more in width or 40 body
feet or more in length, or when erected on site, is 320 or more square
feet, and which is built on a permanent chassis and designed to be
used as a dwelling with or without a permanent foundation when connected
to required utilities, and includes the plumbing, heating, air-conditioning
and electrical systems contained therein.
[Amended 12-12-1997 by L.L. No. 1-1997]
A plot or parcel of ground containing thereon two or more
mobile homes.
[Amended 12-12-1997 by L.L. No. 1-1997]
Structures for which the "start of construction" commenced
on or after the effective date of this amendment.
[Added 10-21-1983 by L.L. No. 2-1983]
A building, structure or use of land existing at the time
of enactment of this chapter and which does not conform to the regulations
of the district or zone in which it is situated.
The Planning Board of the Town of Dayton, Cattaraugus County,
New York.
The main use of land or buildings as distinguished from a
subordinate or accessory use.
Public 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 top soil for sale as an industrial operation
and exclusive of the process of grading a lot preparatory to the construction
of a building.
A method of disposing of garbage and refuse by spreading,
covering and compacting with earth.
Summer or winter cabins, cottages, hunting camps, farm labor
housing and similar housing designed, intended and/or used for seasonal,
nonpermanent residential use.
Churches, parochial schools, colleges, hospitals and other
institutions of an educational, religious, charitable and philanthropic
nature.
Any advertisement, announcement, direction or communication
produced in whole or part by the construction, erection, affixing
or placing of a structure on any land or other structure, or produced
by painting or posting on or placing any printed, lettered, figured
or colored material on any structure or surface, but not including
signs placed or erected by a village, town, city, county or state
agency for the purpose of showing street names, directions, regulations,
or for other public purpose.
The primary use of land and/or buildings for the raising
and care of rabbits, dogs, birds, horses, or other domestic animals
of a similar nature, except for agricultural purposes.
Any use of land or buildings, or both, described and permitted herein, subject to the provisions of § 180-45.
A structure for the display and sale of farm and related
produce, 75% of which must have been produced on the premises.
That 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.
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 buildings,
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 home park or mobile home subdivision, "start of
construction" means the affixing of the mobile home to 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.
[Added 10-21-1983 by L.L. No. 2-1983]
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 constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground.
Any repair, reconstruction, or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either before the improvement or repair is started, or if
the structure has been damaged and is being restored, before the damage
occurred. For the purposes of this definition "substantial improvement"
is considered to occur 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 health, sanitary,
or safety code specifications which are solely necessary to assure
safe living conditions, or any alteration of a structure listed on
the National Register of Historic Places or a State Inventory of Historic
Places.
[Added 10-21-1983 by L.L. No. 2-1983]
The purpose for which land or a building thereon is designed,
arranged or intended, or for which it is occupied or maintained, let
or leased.
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 hardships.
[Added 10-21-1983 by L.L. No. 2-1983]
An 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 a side lot 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 Codes Enforcement Officer authorizing
the development, construction, extension or use of land and/or buildings.
[Amended 10-21-1983 by L.L. No. 2-1983]
[1]
Editor's Note: This local law also superseded
the definition of FLOODWAY DISTRICT.
