Pursuant to the authority conferred in § 261
of Article 16 of the Town Law of the State of New York and all amendments
of said article as they may apply, the Town Board of the Town of Tonawanda,
County of Erie, State of New York, has ordained and does hereby enact
the following chapter regulating and restricting by districts the
height, number of stories and size of buildings and other structures;
the percentage of lot that may be occupied; the size of yards, courts
or other open spaces; the density of population; and the location
and use of buildings, structures and land for trade, industry, residence
and other purposes; such regulations to apply to and affect only such
part of the Town of Tonawanda as is outside of the Village of Kenmore.
The enforcement of this chapter shall be consistent with and in compliance
with §§ 239-l and 239-m of Article 12-B of the General
Municipal Law of the State of New York.
This chapter shall be known as the "Zoning Local
Law of the Town of Tonawanda, County of Erie, State of New York."
These regulations are made in accordance with
a comprehensive plan and are designed to lessen congestion in the
streets; to secure safety from fire, panic and other dangers; to promote
health and general welfare; to provide adequate light and air; to
prevent overcrowding of land; to avoid undue concentration of population;
to make provision for, so far as conditions may permit, the accommodations
of solar energy systems and equipment and access to sunlight necessary
therefor; and to facilitate the adequate provision of transportation,
water, sewerage, schools, parks and other public requirements. All
premises or parcels of land, occupied or not for the permitted or
other uses, shall be maintained in a neat and clean condition in concert
with the purposes above stated. All references to written notices
contained herein shall include the delivery of such notices by personal
service thereof or by certified mail.
[Amended 1-11-1988 by L.L. No. 1-1988; 10-5-1992 by L.L. No.
5-1992; 3-15-1993 by L.L. No. 1-1993; 6-7-1993 by L.L. No.
3-1993; 4-7-1997 by L.L. No. 2-1997; 10-20-1997 by L.L. No.
4-1997]
For the purpose of this chapter, certain words,
administrative agencies and terms used herein shall be defined as
follows:
A.
Word usage.
(1)
All words used in the present tense include the future
tense.
(2)
All words in the plural number include the singular
number and all words in the singular number include the plural number,
except as to the number of permitted structures, unless the natural
construction of the wording indicates otherwise.
(3)
The word "person" includes an association, partnership
or corporation.
(4)
Unless otherwise specified, all distances shall be
measured horizontally along the ground.
(5)
The word "building" includes the word "structure."
(6)
"Lot" includes the words "plot," "parcel," "tract"
or "site."
(7)
The word "premises" includes a lot and all buildings
or structures thereon.
(8)
"To erect," "to construct" and "to build" a building
or structure each have the same meaning and also include "to excavate"
for a building and "to relocate" a building by moving it from one
location to another.
(9)
"Used" shall be deemed also to include "designated,
intended or arranged to be used or occupied."
(10)
"Shall" is mandatory and not discretionary;
"may" is permissive.
(11)
The word "he" also includes the word "she."
B.
CODE ENFORCEMENT OFFICER
COUNTY PLANNING BOARD
DEPARTMENT OF HEALTH
DEVELOPMENT SERVICES STAFF
DIRECTOR OF COMMUNITY DEVELOPMENT
PLANNING BOARD
TOWN BOARD
ZONING BOARD OF APPEALS
Administrative agencies defined.
The official designated by the Town Board of the Town of
Tonawanda to enforce the provisions of this Zoning chapter and the
New York State Uniform Fire Prevention and Building Code in the Town
of Tonawanda.
[Amended 3-26-2007 by L.L. No. 2-2007]
The Planning Board of Erie County.
The New York State Department of Health and any other health
board or department established pursuant to the laws of the State
of New York and having authority for the regulation of matters pertaining
to the public health within the Town of Tonawanda.
Includes personnel from the Building Department, Planning
and Development Department, and/or the Technical Support Department.
[Added 8-29-2016 by L.L.
No. 1-2016]
The official designated by the Town Board of the Town of
Tonawanda to administer the provisions of this chapter.
[Added 8-29-2016 by L.L.
No. 1-2016]
The Planning Board of the Town of Tonawanda.
The Town Board of the Town of Tonawanda.
The Zoning Board of Appeals of the Town of Tonawanda.
C.
ABANDONMENT
ACCESSORY RESIDENTIAL USE
(1)
(2)
(3)
(4)
(5)
(6)
ACCESSORY STRUCTURE
ACCESSORY USE
ADULT-CARE FACILITY
ALLEY
ALTERATION
ALTERNATIVE TOWER STRUCTURE
AMUSEMENT GAME CENTER
ANTENNA
ANTENNA SUPPORT STRUCTURE
APARTMENT HOUSE
APPROVED
AREA, BUILDING
AREA, LOT
ATTIC
AUXILIARY HOUSING UNIT
BACKHAUL NETWORK
BAR
BASEMENT
BED-AND-BREAKFAST
BOARDING HOUSE
BOATYARD
BUFFER YARDS
BUILDING
BUILDING, ACCESSORY
BUILDING, DETACHED
BUILDING FRONTAGE
BUILDING GROUP
BUILDING HEIGHT
BUILDING-INTEGRATED SOLAR/PHOTOVOLTAIC (BIPV) SYSTEM
BUILDING LINE
BUILDING-MOUNTED SOLAR ENERGY SYSTEM
BUILDING, PRINCIPAL
BUILDING, SEMIDETACHED
BULK
BUSINESS
BUSINESS STREET
CAR WASH
CELLAR
CELL SITE
CEMETERY
CERTIFICATE OF COMPLIANCE
CHILD-CARE FACILITY
CHURCH OR PLACE OF WORSHIP
CONDOMINIUM
CONTIGUOUS PARCEL
CONTRACTOR'S YARD
CONVALESCENT HOME
CONVENIENCE/MINI-MARKET
CORNER LOT
COVERAGE
CREMATORIUM OR CREMATORY
DAY-CARE CENTER
DEVELOPED LAND AREA
DISTRICT OR ZONE
DRIVE-IN USE
DRIVEWAY
DUMP
DWELLING
DWELLING, ONE-FAMILY
DWELLING, ONE-FAMILY DETACHED
DWELLING, ONE-FAMILY SEMIDETACHED
DWELLING, TWO-FAMILY
DWELLING, MULTIPLE-FAMILY
DWELLING UNIT
FAA
FCC
FAMILY
FENCE
(1)
(2)
FINAL PLANNED UNIT DEVELOPMENT PLAN
FINAL PLANNED UNIT DEVELOPMENT APPROVAL
FINISHED GRADE
FLOODPLAIN
FLOODWAY
FLOOR AREA
FRONT YARD
FUNERAL HOME
GARAGE, SERVICE/REPAIR
GASOLINE FILLING STATION
GENERAL BUSINESS OFFICE
GROUND-MOUNTED SOLAR ENERGY SYSTEM
HEIGHT
HOME OCCUPATION
HOSPITAL
HOTEL
INDUSTRIAL/BUSINESS PARK
INDUSTRIAL USE
INN
JUNKYARD
KENNEL
LANDSCAPED AREA
LANDSCAPING
LAND USE ACTIVITY
LARGE-SCALE SOLAR ENERGY SYSTEM
(1)
(2)
LIGHT INDUSTRY
(1)
(2)
(3)
(4)
(5)
(6)
LODGING HOUSE
LOT
LOT, CORNER
LOT COVERAGE
LOT, DEPTH OF
LOT FRONTAGE
LOT LINES
LOT, THROUGH
LOT WIDTH
MAIN BODY OF A DWELLING
MARINA
MEDICAL CLINIC
MOTEL
MULTIFAMILY DWELLING
NEW YORK STATE UNIFIED SOLAR PERMIT APPLICATION
NONCONFORMING BULK
NONCONFORMING USE
NONPROFIT OR NOT-FOR-PROFIT ORGANIZATION
NONRESIDENTIAL PLANNED DEVELOPMENT
NURSERY SCHOOL
NURSING HOME
OFF-STREET PARKING
OWNER
OPEN SPACE
PARKING LOT, COMMERCIAL
PARKING AREA APPROVED SURFACE
PARKING LOT, PRIVATE
PARKING LOT, PUBLIC
PARKING SPACE
PERFORMANCE STANDARDS
PERSONAL SERVICE ESTABLISHMENT
PORCH
PREEXISTING TOWERS AND PREEXISTING ANTENNAS
PRELIMINARY PLANNED UNIT DEVELOPMENT PLAN
PRELIMINARY PLANNED UNIT DEVELOPMENT PLAN APPROVAL
PREMISES
PROFESSIONAL OFFICE
REAR DWELLING
REAR YARD
RECREATION USES, COMMERCIAL
RECREATIONAL VEHICLE
REFLECTOR, SOLAR
REPAIR SHOP, PERSONAL SERVICE
RESIDENCES, RESIDENTIAL
RESIDENT PROFESSIONAL
RESTAURANT
RESTAURANT, FAST-FOOD
RESTAURANT, STANDARD
RETAIL USE
RIGHT-OF-WAY
ROADSIDE STAND
ROOFTOP-MOUNTED SOLAR ENERGY SYSTEM
ROOMING AND BOARDING
ROOMING HOUSE
SATELLITE TELEVISION ANTENNA
SENIOR CITIZEN HOUSING
SETBACK
SHOPPING CENTER
SHORELINE
SIDEWALK
SIDE YARD
SIGN-RELATED DEFINITIONS
SINGLE OWNERSHIP
SITE PLAN
SMALL-SCALE SOLAR ENERGY SYSTEM
(1)
(2)
SOLAR COLLECTOR
SOLAR ENERGY SYSTEM
SOLAR SKYSPACE
SOLAR SKYSPACE EASEMENT
SPECIAL USE
STORY
STORY, HALF
STREET
STREET GRADE
STREET LINE
STREET, LOCAL
STREET, MARGINAL ACCESS
STREET, PRIMARY
STREET, PRIVATE
STREET, PUBLIC
STREET, SECONDARY
STRUCTURE
SUBDIVISION
SWIMMING POOL
SWIMMING POOL, PRIVATE
SWIMMING POOL, PUBLIC
TOPSOIL
TOWER
TOWNHOUSE
TOWN LAND
TRAILER
TRAILER, UTILITY
TRAVEL TRAILER
TRUCKING TERMINALS
USE
USE, PRINCIPAL
UTILITY-SCALE SOLAR ENERGY SYSTEM
(1)
(2)
VEHICLE SALES AREA
VETERINARY HOSPITAL
VISION CLEARANCES, UNOBSTRUCTED
WAREHOUSE
WAY
WHOLESALE (STORE, BUSINESS, ESTABLISHMENT)
YARD
YARD, FRONT
YARD, REAR
YARD, REQUIRED
YARD, SIDE
Definitions.
To cease or discontinue a use or activity without intent
to resume it.
A use or occupancy of a premises in conjunction with or for
the service of the residential use. Such accessory use may be located
within a residential building or on the same or adjoining premises
and may include but not be limited to:
Offices for the building management.
Public dining rooms, banquet rooms, public kitchens
and ballrooms.
Recreation and play rooms.
Laundries for the use of occupants provided
by or in connection with the management and operation of a residential
building.
Maintenance and workshops and storage rooms
for linen, bedding, furniture and supplies and for occupants' equipment
and effects.
Garages used for the storage of motor vehicles.
A structure subordinate to a principal structure on the same
lot and used for purposes customarily incidental to those of the principal
structure. Accessory structures include but are not limited to portable,
demountable or permanent enclosures, shade structures, carports, swimming
pools, garages and storage sheds.
A use customarily incidental and subordinate to the principal
use or occupancy of a building and located on the same lot with such
principal use or building.
A family-type home for adults, a shelter for adults, a residence
for adults or an adult home which provides temporary or long-term
residential care and services to adults who, though not requiring
continual medical or nursing care provided by facilities licensed
or operated pursuant to Article 28 of the Public Health Law or Articles
19, 21, 29 and 31 of the Mental Hygiene Law, are by reason of physical
or other limitations associated with age, physical or mental disabilities
or other factors unable or substantially unable to live independently.
A public or private narrow passageway designed for the special
accommodation of the property it reaches or abuts, to be used mainly
for the convenience of said abutting property owners and those dealing
with them, which passageway is not dedicated to the public use or
established for that purpose by the Town or its officials.
As applied to a building or structure, a change or rearrangement
in the structural parts or in exit facilities of such building or
structure, or any enlargement thereof, whether by extension on any
side or by any increase in height, or the moving of such building
or structure from one location to another.
Any man-made trees, clock towers, bell steeples, light poles
and similar alternative design mounting structures that camouflage
or conceal the presence of antennas or towers.
A continuous commercial use in which there are four or more
mechanical, electrical or electronic machines or devices used or designed
to be operated for entertainment or as a game, and either activated
by the insertion of a coin, token, etc., or use for which a charge
is made.
Any device or exterior apparatus mounted on a tower, building,
utility pole, light pole or other structure designed for telephonic,
radio, data, Internet or television communications to transmit or
receive communication signals or electromagnetic waves for the purpose
of providing cellular services, telecommunications services, personal
communications services, personal wireless services, wireless cable,
commercial paging, data, or wireless services, and its attendant base
station, utilizing microcells or frequencies authorized by the Federal
Communications Commission.
Any structure, mast, pole, tripod or tower utilized for the
purpose of supporting an antenna or antennas for the purpose of transmission
or reception of electromagnetic waves.
A structure containing three or more dwelling units for permanent
residency and designed or used for occupancy by three or more families
living independently of each other.
Approved by the Town Code Enforcement Officer under the regulations
of this chapter, or approved by an authority designated by this chapter.
[Amended 3-26-2007 by L.L. No. 2-2007]
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings
exclusive of terraces and uncovered steps. All dimensions shall be
measured between the exterior faces of walls.
The total area within the lot boundary lines excluding any
area included in a public street right-of-way.
That space of building which is between the top of the uppermost
floor construction immediately below and wholly or partly within the
roof framing and that is not finished as habitable or occupied space
(See also "story, half.")
A room or group of rooms within a detached single-family
dwelling forming a semi-independent habitable unit which may be occupied
by elderly or disabled members of the family occupying the dwelling
for separate living, sleeping, cooking or eating purposes.
The lines that connect a provider's towers/cell sites to
one or more cellular telephone switching offices and/or long distance
providers or the public switched telephone network.
A business establishment licensed by the State of New York
to serve alcoholic beverages and which establishment is designed primarily
for the consumption of such alcoholic beverages on the premises, irrespective
of whether or not food and/or entertainment are also provided as accessory
uses.
Any space of a building which is partly below finished grade
but having more than 1/2 of its height measured from floor to ceiling
above average finished grade. (See also "cellar.")
A building containing a single dwelling unit in which at
least one but not more than four sleeping rooms are provided by the
owner/occupant as overnight lodging facilities for the accommodation
of transient guests.
A building, other than a hotel, containing a general kitchen
and a general dining room, in which at least three but no more than
six sleeping rooms are offered for rent, with or without meals, to
nontransient guests. A lodging house or rooming house shall be deemed
a boarding house.
A facility for servicing all types of recreational watercraft,
as well as providing supplies, storage and fueling facilities, and
with facilities for the retail sale, rental or charter of boats, motors
and marine equipment.
An area of land forming a visual and/or physical separation
or barrier between two uses. In the case of a visual barrier, the
land shall be covered with natural plantings or man-made material
to provide a continuous physical screen preventing visual access and
reducing noise.
A structure wholly or partially enclosed within exterior
walls, or within exterior and party walls, and a roof and which is
permanently affixed to the land. The term "building" shall be construed
as if followed by the phrase "or part thereof," unless otherwise indicated
by the text, and shall include any structure other than a fence, sidewalk
or driveway.
See "accessory structure."
A building surrounded by open space on the same lot.
The linear footage of a building facing the front yard as
defined in this chapter of the Code of the Town of Tonawanda, New
York.
A group of two or more principal buildings and any buildings
accessory thereto occupying a lot in one ownership and having any
yard in common.
The vertical distance measured from the average elevation
of the proposed or existing finished grade to the highest point of
the roof for flat or shed roofs to the deck of mansard roofs, and
to the highest point of the ridge for pitched, gable, hip and gambrel
roofs.
A solar energy system incorporated into and becoming part
of the overall architecture and design of a building or structure
in a manner that the solar energy system is a permanent and integral
part of the building envelope or structure.
[Added 7-12-2010 by L.L. No. 4-2010]
A line parallel to the street line, between which line and
the street line no building or part thereof may be built or located,
except as otherwise permitted by legislation of the Town of Tonawanda,
New York.
A solar energy system that is affixed to the side(s) of a
building or other structure either directly or by means of support
structures or other mounting devices, but not including those mounted
to the roof or top surface of a building. Solar energy systems constructed
over a parking lot are considered building-mounted solar energy systems.
[Added 7-12-2010 by L.L. No. 4-2010]
A building in which is conducted the main or principal use
of the lot on which said building is situated.
A building attached by a party wall to another building normally
of the same type on another lot, but having one side yard.
A term to describe the size, volume, area and shape of buildings
and structures, and the physical relationship of their exterior walls
or their location to lot lines, other buildings and structures or
other walls of the same building; and all open spaces required in
connection with a building, other structure or tract of land.
Includes the purchase or sale or other transactions involving
the handling or disposition of any article, substance or commodity,
including animals; it also includes offices, rentable spaces, provision
of services and recreational and amusement enterprises conducted for
profit.
The 1/2 of a dedicated right-of-way abutting the plot, lot
or lots zoned for C-1 Restricted Business or C General Business shall
be considered and hereinafter defined as a "business street." This
shall apply to both a restricted business street and a general business
street.
A building, premises or portions thereof where automobiles
and other vehicles are washed either by the patron or others either
by hand or using machinery and mechanical devices specifically designed
for this purpose.
Any space in a building the structural ceiling level of which
is less than four feet above average finished grade where such grade
meets the exterior walls of the building. (See also "basement.")
A tract or parcel of land that contains the personal wireless
service facilities, including any antenna, support structure, accessory
buildings and parking and may include other uses associated with and
ancillary to personal wireless services.
Land used or intended to be used for the burial of the dead
and dedicated for cemetery purposes, including columbarians, crematories,
mausoleums and mortuaries when operated with and within the boundaries
of such cemetery.
A certificate issued by the Code Enforcement 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 Zoning Board of Appeals.
[Amended 3-26-2007 by L.L. No. 2-2007]
Any licensed building or structure operated for the purpose
of providing daytime care and instruction for two or more children
on a regular schedule and also known as a "day-care center." (See
also "day-care center.")
A building or premises used for regular public worship by
members or representatives of a religious sect or organization as
defined by state statute.
A building or group of buildings in which residential, commercial
or industrial units are owned individually while the structure, common
areas and common facilities are owned jointly by all the owners on
a proportional basis.
A tract of land under the control of the applicant or its
agent that is not divided by any natural or man-made barriers such
as existing streets and highways or public rights-of-way identified
on the Official Map and is not bisected by water bodies.
Any space, whether inside or outside a building, used for
the storage or keeping of construction equipment, machinery or vehicles
or parts thereof which are in active use by a construction contractor.
See "nursing home."
A commercial retail use which combines the sale of beverages,
dairy and baked goods, snack foods, prepackaged grocery items and
daily household items and which may also be accompanied by the sale
of motor vehicle fuel and accessory substances for automobiles.
A lot at the junction of and abutting two or more intersecting
streets.
That lot area or percentage of lot area covered by buildings
or structures, including accessory buildings and structures.
A facility which includes a furnace for the cremation of
the dead, whether located in and associated with a freestanding building,
a cemetery or a funeral home.
Any licensed building or structure operated for the purpose
of providing daytime care for two or more adults or children on a
regular schedule. (See also "child-care facility" and "adult-care
facility.")
Land which is occupied by either structures, parking lots,
outdoor storage areas or recreation areas, and any combination thereof.
That portion of the Town within which specific uses are permitted according to the designation applied thereto in Article III and in conformity with the provisions of this chapter.
Any commercial or business activity which incorporates as
a principal or accessory feature a service window, booth or other
like arrangement on the exterior of the building or structure designed
primarily for drive-through or carry-out service.
That portion of a paved surface (consisting of concrete,
blacktop or paving brick) on a premises used or set aside for the
use of motor vehicles.
A lot or land used primarily for the disposal by abandonment,
burial, burning or any other means and for whatever purpose of garbage,
sewage, trash, refuse, junk, discarded machinery, vehicles or parts
thereof or waste materials of any kind.
A building for occupancy in the whole by one or more families.
A building containing one dwelling unit only. This term shall
not be deemed to include motels, hotels, rooming houses or other accommodations
used for more or less transient occupancy.
A building containing one dwelling unit and having two side
yards. This term shall not be deemed to include motels, hotels, rooming
houses or other accommodations used for more or less transient occupancy.
A building containing one dwelling unit and having one party
wall and one side yard. This term shall not be deemed to include motels,
hotels, rooming houses or other accommodations used for more or less
transient occupancy.
A building containing two dwelling units. This term shall
not be deemed to include motels, hotels, rooming houses or other accommodations
used for more or less transient occupancy.
A building containing three or more dwelling units with shared
or individual entrances and/or other essential facilities and services.
This term shall not be deemed to include motels, hotels, rooming houses
or other accommodations used for more or less transient occupancy.
One room or rooms connected together, consisting of a separate,
independent housekeeping establishment with living, sleeping, cooking
and sanitary facilities for use by one family.
The Federal Aviation Administration.
The Federal Communications Commission.
Any number of individuals related by blood, marriage or adoption,
or not more than three individuals who are not so related, living
together as a single housekeeping unit and occupying a dwelling unit.
A barrier, enclosure, wall or boundary separation made of
posts, boards, wood, wire, metal, masonry, natural stone, shrubs,
bush vegetation or other such material for either decorative or security
purposes.
LOT-LINE FENCE- A fence located on or within three feet of a lot line.
SNOW FENCE- A product commonly made of parallel wood slats alternately held by continuous parallel lines of wire or reinforced plastic.
An approved preliminary planned unit development plan prepared at such additional detail and showing information as is required by Article IXI, and the modification, if any, required by the Town Board at the time of approval of the preliminary planned unit development plan, if such preliminary plan has been so approved.
[Added 6-21-2021 by L.L. No. 3-2021]
The signing of a final plan by a duly authorized officer
of the Town pursuant to a resolution granting final approval of the
plan or after conditions, if any, specified in said resolution granting
conditional approval of the plan are completed. Such final approval
qualifies the plan for filing in the office of the Town Clerk and
as provided herein and in the office of the county clerk as necessary.
[Added 6-21-2021 by L.L. No. 3-2021]
The elevation at which the finished surface of the surrounding
lot intersects the walls or supports of a building or other structure.
If the line of intersection is not reasonably horizontal, the finished
grade used in computing the height of buildings and other structures
or for other purposes shall be the average elevation of all finished
grade elevations around the periphery of the building.
The low lands adjoining the channel of a river, stream or
watercourse, lake or other body of standing water which have been
or may be inundated by floodwater. The channel of a stream or watercourse
is a part of the floodplain in accordance with the National Flood
Insurance Program (NFIP) as administered by the Federal Emergency
Management Agency (FEMA).
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
a designated height, in accordance with the National Flood Insurance
Program (NFIP) as administered by the Federal Emergency Management
Agency (FEMA). Also referred to as a "regulatory floodway."
The sum of the gross areas of all floors of a building as
measured from the exterior faces of exterior walls. Floor area shall
not include attic or basement space.
A yard across the full width of a lot extending from the
front of the building to the street line.
A building or part thereof used for human funeral services,
including chapels, embalming, autopsies, storage of caskets, funeral
urns and other related funeral supplies, and the storage of funeral
vehicles.
A building or premises used for the repair of motor vehicles,
including painting and the sale of related parts and accessories.
A junkyard or auto salvage yard is not to be construed to mean or
be the same as a garage.
An area of land, including structures thereon, or any building
or part thereof that is used primarily for the sale and direct delivery
to the motor vehicle of gasoline or any other motor vehicle fuel or
oil and other lubricating substances, which may include as accessory
uses sale of motor vehicle accessories and which may or may not include
facilities for lubricating, washing (which does not require mechanical
equipment) or otherwise servicing motor vehicles, but not including
auto body work, welding or painting.
A non-retail, service-oriented office or agency such as insurance
brokers, travel agents, computer programming, consulting organizations
or similar uses.
A solar energy system that is affixed to the ground either
directly or by support structures or other mounting devices.
[Added 7-12-2010 by L.L. No. 4-2010]
When referring to a tower or other structure, the distance
measured from the finished grade of the parcel to the highest point
on the tower or other structure, including the base pad and any antenna.
An accessory use which is clearly incidental to or secondary
to the principal residential use of a dwelling unit and does not change
the character thereof, and is carried on wholly within the enclosed
walls of a dwelling unit or accessory building by the resident of
such dwelling unit only.
An institution for the care and treatment of the sick and
injured, equipped with technical facilities and medical, nursing and
other professional and technical personnel necessary for diagnosis
and treatment of persons suffering from sickness or injury which require
bed care, outpatient care or emergency room care.
A building or any part thereof which contains living and
sleeping accommodations for transient occupancy, has a common exterior
entrance or entrances and which may or may not include dining facilities.
This term shall not be deemed to include an inn, bed-and-breakfast,
boarding house or other such accommodations.
A planned, coordinated development of a tract of land with
two or more separate parcels or lots for industrial, business or mixed
industrial/business development. Such development is planned, designed,
constructed and managed on an integrated and coordinated basis with
special attention given to site planning and layout, attractive appearance,
entrance signage, general landscaping, vehicular circulation, service
and delivery, parking, utility needs, building design and orientation,
equipment storage, refuse disposal and open space. Typically, an industrial/business
park is developed or controlled by one proprietary interest and has
an enforceable master plan and/or covenants, conditions and restrictions.
Any activity conducted in connection with the manufacture,
assembly, disassembly, fabrication, resource recovery, storage or
processing of materials or products all or any part of which are marketed
off the premises or marketed to other than the ultimate consumer.
A building containing a single dwelling unit in which more
than four and less than 15 sleeping rooms are provided by the owner/occupant
for compensation for the accommodation of transient guests, with or
without meals.
An area of land with or without buildings used for or occupied
by the storage, keeping, abandonment or the salvage of junk material,
including processing such as sorting, baling, packing, disassembly,
exchange and/or purchase and sale of materials, and including scrap
metals or other scrap, used or salvaged building materials, or the
dismantling, demolition or abandonment of automobiles or other vehicles,
machinery or parts thereof. A lot on which any motor vehicle that
is not licensed and/or is incapable of meeting minimum NYS motor vehicle
inspection standards is stored for a period of thirty days or more
shall be considered to meet this definition.
Any place at which there are kept three or more domestic
animals or any number of dogs that are kept for the primarily commercial
purpose of sale or for the boarding, care or breeding for which a
fee is charged or paid.
Paths, patios, walkways and existing natural treed areas
and shall consist of, at least, lawn and/or ornamental shrubs, which
shall be maintained in a healthy growing condition, neat and orderly
in appearance, but shall not include driveways, ramps, lanes or parking
areas.
Arranging the effects of natural scenery over a given area
so as to produce the best aesthetic effect considering the land use.
Any construction or other activity which changes the use
or appearance of land or a structure or the intensity of use of land
or a structure. Land use activity shall explicitly include but not
be limited to the following: new structures, expansions to existing
structures, new uses, changes in or expansions of existing uses, roads,
driveways and excavations for the purpose of extracting soil or mineral
deposits.
Any solar energy system that cumulatively on a lot meets
all of the following criteria:
[Added 7-12-2010 by L.L. No. 4-2010]
Is an accessory or principal use or structure, designed and
intended to generate energy primarily for use on site, potentially
by multiple tenants, through a distribution system or electrical grid
that is not available to the general public. If excess energy is produced,
it can be sold to a utility under a net metering agreement.
Consists of an overall footprint of not less than 20,000 and
not exceeding 100,000 square feet. Overall footprint shall be determined
by the outline created on the ground, building/structure surface,
or combination thereof, excluding all rooftop-mounted solar energy
systems that meet the requirements of a small-scale or large-scale
solar energy system, by wholly enclosing all components/structures
of a solar energy system on a lot.
Any of the following uses which, when conducted within a
completely enclosed building, do not present a hazard to occupants
of the community:
A laboratory engaged in research, testing and
experimental work, including any process normal to laboratory practice
and technique.
The manufacture, compounding, assembling and/or
treatment of articles or merchandise from previously prepared materials
consisting of fiberglass, fur, leather, paper, plastics, wax, wood,
metal and minerals, provided that no chemical process is involved
in the basic manufacture of such articles.
The manufacture and/or assembly of electronic
devices and electrical appliances.
The manufacture and/or assembly of musical instruments,
novelties, toys or related products.
The manufacture, compounding, processing and
storage of candy and confections, frozen foods, cosmetics, pharmaceutical
products, toiletries and food products, excluding a slaughterhouse.
A wholesale business and storage for the following
types of commodities: clothing, drugs, dry goods, packaged food, furniture,
hardware and beverages.
See "boarding house."
A contiguous parcel of land considered as a unit, devoted
to a specific use or occupied by a building or a group of buildings
that are united by a common interest, use or ownership, and the customary
accessories and open spaces belonging to the same and which abuts
and is accessible from a private or public street.
A lot situated at the junction of and adjacent to two or
more intersecting streets when the interior angle of intersection
does not exceed 135°.
See "coverage."
The mean distance from the front street line of a lot to
its rear line.
A lot line which is coincident with the right-of-way line
of a public road or which is measured 20 feet from the center line
of a private road.
The lines bounding a lot as defined herein.
A lot which faces on two streets at opposite ends of the
lot and which is not a corner lot.
The width of a lot measured between the side lot lines along
the rear line of the required front yard.
The building as originally constructed, not including vestibules,
porches or other appurtenances.
A facility for the berthing and fueling of all types of recreational
watercraft.
A place where medical or dental care is furnished to persons
on an outpatient basis by five or more physicians who have common
offices in a building which shall also offer laboratory and diagnostic
facilities to patients on an outpatient basis and not just in conjunction
with normal professional services.
A building or group of buildings containing individual living
and sleeping accommodations for hire, each of which is provided with
a separate exterior entrance and a parking space, and is offered for
rental and use principally by motor vehicle travelers. The term "motel"
includes but is not limited to every type of similar establishment
known variously as an "auto court," "motor hotel," "motor court,"
"motor inn," "motor lodge," "tourist court," "tourist cabins" or "roadside
hotel."
A structure or portion thereof containing three or more dwelling
units and designed or used for occupancy by three or more families
living independently of each other.
A statewide permit application for the installation of small-scale
solar facilities.
[Added 7-10-2017 by L.L.
No. 4-2017]
That part of a building, other structure or tract of land
which does not conform to one or more of the applicable bulk regulations
of this chapter, either following its effective date or as a result
of subsequent amendment thereto.
Any use of a building, other structure or tract of land which
does not conform to the use regulations for the district in which
such use is located, either at the effective date of this chapter
or as a result of subsequent amendment thereto.
A charitable or a religious organization, a benevolent society,
a private school, an organized fire department, a United States veterans'
organization, including auxiliaries, or any not-for-profit organization.
One or more commercial uses proposed as a unit, or one or
more industrial uses proposed as a unit.
Any place, however designated, operated for the purpose of
providing both daytime care and instruction for two or more children
from two to five years of age inclusive, and operated on a regular
basis, including kindergartens, day nurseries, and day-care centers.
A facility regulated by the State of New York for the purpose
of providing room and board and nursing care to sick, invalid, infirm,
handicapped or convalescent persons.
A parking facility established with an approved surface off
of the public right-of-way and meeting all other restrictions of this
chapter.
A person, persons or others who hold title to real property
as is determined by the current assessment roll for the Town of Tonawanda,
New York.
An area which is not developed with principal or accessory
structures and which is intended to provide light and air and is designed
for either environmental, scenic or recreational purposes. Open space
may include but is not limited to decorative planting, preservation
of existing natural areas, walkways, active and passive recreation
areas and playgrounds. Open space shall not be deemed to include driveways,
roadways or parking areas.
Any tract of privately owned land with an approved surface
which is used for the storage of motor vehicles and is not accessory
to any other use on the same or any other lot, and contains parking
space rented to the general public or reserved for a group of individuals
by the hour, day, week, month or year.
A concrete or blacktop paving, paving brick or other comparable
hard surface applied to a parking area, properly drained and approved
by the Town of Tonawanda.
Any tract of privately-owned land with an approved surface
which is used for storage of motor vehicles and is accessory to a
use on the same parcel or lot or on another parcel or lot, and contains
parking spaces reserved or leased in some manner for that principal
use and not available to the general public.
An off-street parking area with an approved surface where
motor vehicles may be stored by the general public, with or without
a fee, for temporary, daily or overnight parking.
An off-street space available for the parking of one motor
vehicle exclusive of passageways and driveways appurtenant thereto
and giving access thereto, and having direct access to a street or
alley.
Standards which are adopted as part of this chapter or are
involved in the electrical or plumbing code of the Town of Tonawanda
or the New York State Uniform Fire Prevention and Building Code or
County of Erie or New York State laws or regulations.
[Amended 10-5-1998 by L.L. No. 1-1998]
A commercial operation, office, store or other place of business
catering to the personal needs of a customer, such as normally conducted
by a beautician, tailor or dressmaker.
Includes any porch, veranda, gallery, terrace, piazza, portico
or similar common projection from the main wall of a building, if
covered by a roof or if enclosed, with sidewalls or walls other than
the main building walls.
Any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date of Article XXIV of this chapter, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.
A proposal for a planned unit development prepared in a manner prescribed by Article IXI showing the layout of the proposed project, including, but not limited to, maps, plans, or drawings relating to proposed land uses, approximate location and dimensions of buildings, all proposed facilities, including preliminary plans and profiles, at suitable scale and in such detail as is required by local regulation; architectural features, lot sizes, setbacks, height limits, buffers, screening, open space areas, lighting, signage, landscaping, parking and loading, traffic circulation, protection of natural resources, public or private amenities, adjacent land uses and physical features, and such other elements as are required by Article IXI.
[Added 6-21-2021 by L.L. No. 3-2021]
The approval with conditions, if any, of the layout of a proposed planned unit development as set forth in a preliminary plan and the simultaneous proposed amendments of the zoning law on the recommendation of the Planning Board to create and map a planned unit development district encompassing the preliminary planned unit development plan, subject to the approval of the final planned unit development plan pursuant to the provisions of Article IXI.
[Added 6-21-2021 by L.L. No. 3-2021]
A lot together with all the buildings and uses thereon.
An office principally occupied by a licensed professional
such as a physician, dentist, lawyer, engineer, architect, accountant,
insurance or real estate agent or similar occupation.
A separate detached dwelling in the rear of a lot occupied
by another building.
A yard across the full width of the lot extending from the
rear of the building to the rear lot line.
Uses designed as recreational activities operated by private
businesses for profit, including privately operated amusement parks
or rides, games, miniature golf courses and similar uses.
A registered self-propelled vehicle which is used or designed
to be used for seasonal and/or temporary living or sleeping purposes,
and which is customarily standing on wheels or rigid supports.
A device for which the sole purpose is to increase the solar
radiation received by a solar collector.
A store or other place of business at which is conducted
the repair of personal customer items, such as shoes, clothing, jewelry,
etc.
A building or any part of a building which contains dwelling
units for permanent occupancy. Residence, therefore, includes all
one-family, and multifamily, boarding, fraternity and sorority houses.
However, residences shall not include the following:
A doctor, dentist, chiropractor, engineer, accountant, lawyer
or architect living on the premises.
Any establishment whose principal business is the retail
sale of foods, which includes all edible and drinkable substances,
in a ready-to-consume state for consumption on the premises.
An establishment where food and/or beverages are sold in
a form ready for consumption and where, by design or packaging techniques,
all or a significant portion of the consumption can or does take place
outside the confines of the building.
Any establishment, however designated, whose primary use
is the preparation and sale of food for consumption to patrons seated
within an enclosed building or on the premises.
A business or commercial use or activity involving primarily
the sale of merchandise or stock-in-trade to the public.
The property under public ownership or easement normally
used for the movement of vehicles and/or persons, including but not
restricted to any pavement area.
A light structure with a roof, either attached to the ground
or movable, not for year-round use and at which produce is offered
for sale to the general public.
Any solar energy system that is affixed to the roof of a
building and wholly contained within the limits of the roof surface.
[Added 7-12-2010 by L.L. No. 4-2010]
The providing of shelter or food to individuals other than
those of the family in a dwelling unit, with or without compensation.
See "boarding house."
An antenna the purpose of which is to receive television
and/or radio signals from orbiting satellites and which is located
external to or attached to the exterior of any structure.
A building or group of buildings where occupancy is restricted
to persons 55 years or older. In the case of double occupancy of a
unit, only one resident is required to be at least 55 years of age.
The required distance in feet from:
A building or group of buildings containing a combination
of three or more separate shops, stores or offices on a single lot
providing primarily retail services with supporting service and office
establishments.
The point of convergence between the Niagara River during
the nonflood conditions and the land mass within the Town of Tonawanda
corporate limits.
That portion of a paved surface, consisting of concrete,
blacktop or paving brick, on a premises used or set aside for the
use of pedestrians.
A yard between a building and the adjacent lot line and extending
from the front yard to the rear yard.
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BANNER or PRIVATE BANNER — A display,
informational sign or other advertising device constructed primarily
of cloth, canvas, fabric, wood or other temporary material, with or
without a structural frame, and attached to a pole or building, which
is intended for a limited period of display, including decorative
displays for holidays or public events.
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DISPLAY OF MERCHANDISE — The showing,
exhibiting, exposing or leaving open to view of any product, wares
or goods. This includes a display within a structure which is visible
to the exterior.
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FACE AREA — The surface area of a panel
or group of panels on one side of a sign, inclusive of decorative
appendages and background but exclusive of supports; that area upon
which the information or message of the sign is located.
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SIGN — Any structure or part thereof or
any object or device attached to a structure or painted or represented
on a structure which shall display or include any lettering, wording,
model, drawing, picture, banner, flag, insignia, device, marking or
representation used as or which is in the nature of an announcement,
direction or advertisement, and which is designed to be visible from
the exterior of the property. A sign includes a billboard, but does
not include the flag or insignia of any nation or of any governmental
agency or of any political, educational, charitable, philanthropic,
civic, eleemosynary, professional, religious or similar organization
or of any campaign, drive, movement or event which is temporary in
nature. A sign shall also include any material or structure or part
thereof composed of lettered or pictorial matter or upon which lettered
or pictorial matter is placed which is on the exterior of any vehicle
other than delivery or service vehicles garaged on the premises or
other object located on the same parcel as a building, and which lettered
or pictorial matter is designed to serve as a sign for the nature
of the business, the goods sold or services rendered on the premises.
Such sign is hereby prohibited when it is located on the same, adjoining
or adjacent parcel as a building or in the immediate vicinity thereof.
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SIGN, ADVERTISING — A sign which directs
attention to a business commodity, service or entertainment conducted,
sold or offered elsewhere than on the same lot. This shall include
billboards.
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SIGN, AWNING, CANOPY OR MARQUEE — Any
visual message or sign incorporated into an awning, canopy or marquee.
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SIGN, BANNER — See "banner or private
banner."
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SIGN, BILLBOARD — Any sign that attracts
attention to an object, product, service, place, activity, institution,
organization or business not available or not located on the premises
where the sign is located. The definition set forth above shall not
be deemed to include a sign advertising the sale or rental of real
property so long as such sign does not exceed six square feet in face
area.
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SIGN, BUSINESS — A sign which directs
attention to a business or profession conducted or to products sold
on the same lot. A "for sale" sign relating to the lot on which it
is displayed should be deemed a business sign.
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SIGN, CONTRACTOR — Any temporary sign
advertising, identifying or drawing attention to the name or address
of, or providing other pertinent information about, any construction
or improvements, contractor or subcontractor or any other building
or landscaping tradesman or professional who is actually involved
in the current construction, repair or improvement of the same premises
upon which such sign is located.
[Added 10-5-1998 by L.L. No. 1-1998] | |
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SIGN, DIRECTORY — Any sign which designates
the names and occupations of companies or persons located therein.
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SIGN, FLASHING — A moving or animated
sign or any illuminated sign on which the artificial or reflected
light is not maintained stationary and constant in intensity or color
at all times when in use. Any revolving sign shall be considered a
flashing sign.
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SIGN, GROUND — Any sign resting on or
affixed to the ground, independent of any adjacent building or structure,
having one or more supports, including an A-frame style sign but excluding
a pole sign or billboard sign.
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SIGN, IDENTIFICATION — A sign showing
the name and profession, occupation or pursuit conducted on the premises
or which designates the name of the building and/or address of the
same.
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SIGN, ILLUMINATED — Any sign as herein
defined in connection with which artificial light is used.
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SIGN, MESSAGE CENTER — Any sign which
contains an illuminated, programmable message or graphic.
[Added 10-1-2007 by L.L. No. 7-2007; 9-13-2010 by L.L. No.
5-2010] | |
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SIGN, POLE — A sign supported by or suspended
from either one or two freestanding columns of concrete, structural
steel, aluminum pipe or structural aluminum which are attached to
the ground.
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SIGN, PORTABLE — Any temporary freestanding
sign which can be disassembled and moved by one person, or one which
is on wheels and can be trailered or towed from one location to another.
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SIGN, PROJECTING — Any sign which projects
from the exterior of any building.
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SIGN, ROOF — Any sign constructed upon
the roof of a building.
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SIGN, TEMPORARY — Any sign so designed,
erected and used as to be intended for use for only a limited period
of time.
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SIGN, WALL — A sign attached to, erected
against or painted on the wall of a building or structure with the
exposed face of the sign in a plane parallel to the plane of the wall.
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TOTAL FACE AREA — The total face area
of all sides of a sign or of several signs whose total face area is
computed under the requirements of this chapter.
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TRADEMARK — A graphic representation registered
for the exclusive use by a firm to identify a product, service or
activity and graphically displayed on a sign face.
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WINDOW SIGN, PERMANENT — Any window sign
other than a temporary window sign that is permanently painted or
otherwise affixed to a window or door.
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WINDOW SIGN, TEMPORARY — Any sign that
is affixed to the inside of a window directing attention to a special
event, announcement or sale; said sign shall not be displayed for
more than 30 days.
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Possession of land under single or unified control, whether
by sole, joint, common or other ownership or by a lease having a term
of not less than 10 years, regardless of any division of such land
into parcels for the purpose of financing.
Maps and supporting information required under Article VIII of this chapter.
Any solar energy system that cumulatively on a lot meets
all of the following provisions:
[Added 7-12-2010 by L.L. No. 4-2010]
Is an accessory use or structure, designed and intended to generate
energy primarily for a principal use located on site. If excess energy
is produced, it can be sold to a utility under a net metering agreement.
Consists of an overall footprint of less than 20,000 square
feet. Overall footprint shall be determined by the outline created
on the ground, building/structure surface, or combination thereof,
excluding all rooftop-mounted solar energy systems that meet the requirements
of a small-scale or large-scale solar energy system, by wholly enclosing
all components/structures of a solar energy system on a lot.
A solar or photovoltaic cell, plate, panel, film, array,
reflector, or other structure affixed to the ground, a building, or
other structure that harnesses solar radiation to directly or indirectly
generate thermal, chemical, electrical, or other usable energy, or
that reflects or concentrates solar radiation to a solar or photovoltaic
cell, plate, panel, film, array, reflector, or other structure that
directly or indirectly generates thermal, chemical, electrical, or
other usable energy.
[Amended 7-12-2010 by L.L. No. 4-2010]
A complete system intended for the collection, inversion,
storage, and/or distribution of solar energy and that directly or
indirectly generates thermal, chemical, electrical, or other usable
energy. A solar energy system consists of, but is not limited to,
solar collectors, mounting devices or structures, generators/turbines,
water and energy storage and distribution systems, storage, maintenance
and/or other accessory buildings, inverters, combiner boxes, meters,
transformers, and all other mechanical, electrical, and plumbing components.
[Amended 7-12-2010 by L.L. No. 4-2010]
The space between a solar collector and the sun through which
solar radiation passes.
[Added 7-12-2010 by L.L. No. 4-2010]
A right, expressed as an easement, covenant, condition, or
other property interest in any deed or other instrument executed by
or on behalf of any property owner that protects the solar skyspace
of any solar energy facility at a designated location for designated
time periods by forbidding or limiting activities, land uses, development,
and/or vegetation that would interfere with or obstruct the solar
skyspace, thus reducing the feasibility of operating the solar energy
system.
[Added 7-12-2010 by L.L. No. 4-2010]
A use which because of its unique characteristics requires
individual consideration in each case by the Town Board and the Planning
Board before it may be permitted in the district enumerated in this
chapter.
The part of a building comprised between a floor and the
floor or roof next above it. A basement shall be considered a story.
A cellar shall not be considered a story.
That portion of a building situated above a full story and
having at least two opposite exterior walls meeting a sloping roof
at a level not higher above the floor than a distance equal to 1/2
the floor-to-ceiling height of the story below. An attic with a finished
floor shall be considered a half story. Half stories have structural
headroom of less than seven feet six inches and shall not be included
within the definition of floor area for the purposes of this chapter.
(See "floor area.")
An existing public or private way which affords principal
means of access to abutting properties and is suitably improved; or
a proposed way shown on the Official Map and recorded in the office
of the County Clerk.
The elevations of a street as established by the Town. Where
no such grade has been established, the elevation of the traveled
street shall be considered the street grade for the purpose of measurement.
The line which is the joint boundary line between a lot and
street or highway right-of-way, and is not to be confused with the
curbline of the street.
A street or road designed primarily to provide access to
abutting properties.
Those streets which are parallel to and adjacent to arterial
streets and highways, and which provide access to abutting properties
and protection from through traffic.
A street which serves or is designed to serve heavy flows
of traffic and which is used primarily as a route for traffic between
communities and/or other heavy traffic areas.
A drive that serves or is designed to serve no more than
two principal uses and is built to Town specifications that remains
in the ownership of and is maintained by the developer or development
association and is not dedicated to the Town.
A road or street that serves three or more principal uses
that is built to Town specifications and is dedicated to the Town
for maintenance.
A public street which serves or is designed to serve as a
traffic way for a neighborhood or as a feeder to a primary street.
An assembly of materials forming a construction framed of
component structural parts for occupancy or use, including buildings.
A parcel of land which has been divided into several lots,
all of which front onto one or more streets, the layout of which has
been approved by the Town Board.
Any enclosure, excavation or receptacle for water having
a depth at any point greater than two feet designed, used or intended
to be used for swimming or bathing, including all appurtenant equipment.
A swimming pool operated as an accessory use to a residential
dwelling unit or units and located on an individual residential lot
or site.
A publicly or privately owned pool open to the general public
or to individuals on a membership basis and having appropriate dressing
room facilities and recreation and off-street parking area.
A surface layer of the soil containing more or less organic
matter to a depth usually plowed in cultivation. The A-horizon of
the soil solum.
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio and similar communication purposes, including self-supporting
lattice towers, guyed towers or monopole towers. The term includes
radio and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, alternative tower structures and
the like. The term includes the structure and any support thereto.
A building consisting of three or more attached single-family
dwelling units each having separate entrances and common vertical
party walls. (See also "building, semidetached.")
Real estate located in the Town of Tonawanda which is owned,
leased or otherwise controlled by the Town of Tonawanda.
A nonmotorized wheeled vehicle designed to be transportable
when towed by a motorized vehicle and which has been designed for
human occupancy as a dwelling unit.
A nonmotorized wheeled vehicle designed to be transportable
when towed by a motorized vehicle and which has been designed for
the storage of tools and/or equipment.
A registered vehicle which is used or designed to be used
for seasonal and/or temporary living or sleeping purposes, and which
is customarily standing on wheels or rigid supports and is towed by
another vehicle.
A building or part of a building or premises for the storage
and/or transfer of goods, wares and merchandise for the owner or others
by truck transport.
The main or primary purpose for which a building, other structure
and/or lot is designed, arranged or intended or for which it may be
used, occupied or maintained under this chapter.
Any solar energy system that cumulatively on a lot meets
at least one of the following:
[Added 7-12-2010 by L.L. No. 4-2010]
Is a principal use or structure, designed and intended to supply
energy solely into a utility grid for sale to the general public;
or
Consists of an overall footprint of greater than 100,000 square
feet. Overall footprint shall be determined by the outline created
on the ground, building/structure surface, or combination thereof,
excluding all rooftop-mounted solar energy systems that meet the requirements
of small-scale or large-scale solar energy systems, by wholly enclosing
all components/structures of a solar energy system on a lot.
A premises, including open areas, other than a street or
way, and enclosed showrooms for the display and sale of new or used
automobiles, trucks, trailers, motorcycles, boats and/or recreational
vehicles.
A building for the treatment of animal illness including
facilities for boarding animals receiving treatment.
Lines of sight or clear view within the first 15 feet of depth of private properties, in order that persons moving across property or right-of-way lines from public streets and ways to private properties may have unobstructed views of approaching vehicles, as defined by § 215-8 of this chapter.
A building or premises for the storing of goods, wares and
merchandise, whether for the owner or for others, whether publicly
or privately owned or used.
A thoroughfare, street, alley, way or right-of-way, however
designated, permanently established for passage of persons or vehicles.
A business establishment engaged in selling to retailers
or jobbers rather than directly to consumers.[1]
That portion of a lot extending open and unobstructed from
the ground upward.
[Added 3-26-2007 by L.L. No. 6-2007]
An open area extending the full width of the lot between
the street right-of-way and the building line projected to the side
lot lines.
An open area extending the full width of the rear lot line
situated between the rear lot line and the building line projected
to the side lot lines.
That portion of the open area of a lot extending open and
unobstructed from the ground upward along a lot line for a setback
depth or width as specified by the bulk regulations of the district
in which the lot is located. No part of such yard shall be included
as part of a yard or other open space similarly required for buildings
on another lot.
An open area extending between the building line and the
side line of a lot and extending from the front yard rear line (or
from the front lot line, if there is no required front yard) to the
rear yard front line (or to the rear lot line if there is no required
rear yard).
