2-1-1.
Words in this Ordinance are normally used in their ordinary
English usage. Certain terms shall have the meanings that follow,
except where the context clearly indicates a different meaning.
2-1-2.
The word "shall" is mandatory; the word "may" is permissive;
"should" is to be interpreted as expressing that which is desired
but not specifically required.
2-1-3.
All words used in the singular include the plural, and all words
used in the present tense include the future tense.
|
Abbrev.
|
Term
|
|---|---|
|
FAA
|
Federal Aviation Administration
|
|
FCC
|
Federal Communications Commission
|
|
ft
|
Feet
|
|
HVAC
|
Heating, Ventilation and Air Conditioning
|
|
L.F.
|
Linear feet
|
|
Min.
|
Minimum
|
|
Max.
|
Maximum
|
|
NIER
|
Non-Ionizing Electromagnetic Radiation
|
|
NYS
|
New York State
|
|
PDD
|
Planned Development District
|
|
PRD
|
Planned Residential District
|
|
ROW
|
Right-of-Way
[Added 9-3-2019] |
|
RPZ
|
Reduced Pressure Zone
|
|
SEQR
|
State Environmental Quality Review Act
|
|
sf
|
Square feet
|
|
VUA
|
Vehicle Use Area
|
|
WTF
|
Wireless Telecommunications Facility
|
|
ZBA
|
Zoning Board of Appeals
|
The Building Department of the Town of Amherst, New York.
Chief of Police of the Town of Amherst, New York.
Commissioner of Building of the Town of Amherst, New York.
Erie County, New York.
Town Clerk of the Town of Amherst, New York.
Town Engineer of the Town of Amherst, New York.
Law, ordinance, rule or regulation of the federal state,
county and town governments, as appropriate.
Planning Board of the Town of Amherst, New York.
The Planning Department of the Town of Amherst, New York.
Planning Director of the Town of Amherst, New York.
Includes a firm, association, organization, partnership,
company or corporation as well as an individual.
The State of New York.
Town of Amherst, Erie County, New York, outside the Village
of Williamsville, New York.
Includes the words intended, designed or arranged to be used
or occupied.
The Zoning Board of Appeals (ZBA) of the Town of Amherst,
New York.
The Zoning Enforcement Officer of the Town of Amherst, New
York.
[Added 3-4-2019 by L.L.
No. 6-2019]
A subordinate structure located on the same lot with the
principal structure, occupied by or devoted to an accessory use. Where
an accessory structure is attached to the principal structure in a
substantial manner, as by a roof, such accessory structure shall be
considered part of the principal structure.
See § 6-7-1.
A use which is incidental and subordinate to the principal
use of the property, located on the same lot therewith.
A development area established in the Comprehensive Plan
that provides a focus for surrounding neighborhoods and promotes land
use objectives such as compact, pedestrian-friendly development. Such
centers are higher in density and incorporate a wider range of uses
than the lower density, predominantly residential areas surrounding
them.
A facility which provides temporary or long-term residential care and services to adults who, though not requiring continual medical or nursing care, are by reason of physical or other limitations associated with age, physical or mental disabilities or other factors, unable to or substantially unable to live independently. An adult care facility may provide services to nonresidents in accordance with the provisions of NY Social Services Law, Chapter 55.
See § 6-7-1.
Animals that are normally considered household pets, including
but not limited to, dogs, cats, birds or fish.
See § 6-7-1.
A continuous passageway covered by permanent roofing that
is parallel to and open to a street or public space. An arcade is
open and unobstructed to a minimum height of 12 feet and is accessible
to the public at all times. This term shall not include off-street
parking or loading areas, driveways or open pedestrian walkways.
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.
A roof-like cover with a rigid frame that cannot be retracted,
folded or collapsed that is designed for protection from weather or
as decorative embellishment, and which projects from a wall over a
window, walkway or door.
That portion of a building that is partly or completely underground.
For application to floodplain see § 7-7-4.
An overnight accommodation in a single-family detached dwelling
that provides temporary lodging for the general public and that may
provide meal service.
Planted depressions designed to divert surface water runoff
from impervious surfaces through vegetation, soil and riprap/stone
to remove silt and pollutants before runoff is discharged into local
storm drains or surface waterways/water bodies.
[Added 5-17-2010 by L.L. No. 8-2010]
That portion of the lot remaining after required yards have
been provided.
Any improvement having a roof supported by columns or walls
for the housing or enclosure of persons, a business, animals or chattels;
mobile home.
The maximum horizontal projected area measured from the exterior
of the walls of the building.
The percentage of the lot covered by both the main (principal)
and accessory structures. This term does not include other impervious
surfaces such as driveways.
The vertical distance from the finished grade line at the
foundation to the highest point of the roof.
A combination of photovoltaic and or solar-thermal building
components integrated into any building envelope system such as vertical
facades including glass and other facade material, semitransparent
skylight systems, solar roofing tiles, and shading over windows.
[Added 12-14-2020 by L.L.
No. 18-2020]
The horizontal length of the wall of a building.
The narrowest allowable distance between two buildings.
A line equidistant from the street right-of-way line, or
edge of pavement for a private road, between which line and the street
right-of-way no building may be built.
An establishment providing custodial and maintenance services
to other businesses. Typical uses include sign companies, window cleaning
services, janitorial services and other dwelling and building services.
The storage of chemicals, petroleum products or hazardous
materials in above ground or below ground storage containers designed
for distribution or mass consumption.
A building or portion of a building which provides or allows
the provision of sexually oriented entertainment to its customers
or which holds itself out to the public as an establishment where
sexually oriented entertainment is available. Signs, advertisements
or an establishment name including verbal or pictorial allusions to
sexual stimulation or gratification or by references to "adult entertainment,"
"strippers," "showgirls," "exotic dancers," "gentleman's club," "XXX"
or similar terms, shall be considered evidence that an establishment
holds itself out to the public as an establishment where sexually
oriented entertainment is available.
[Added 7-7-2008 by L.L. No. 9-2008]
A facility for the handling of customer service, technical
service or telemarketing activities through electronic communications
that allows less than 100 square feet per employee.
The triangle formed on corner lots between points on the
front, side or rear lot lines at a distance from the intersection
within which no visual obstruction may be constructed.
A non-for-profit organization, not including a fraternity
or sorority house, whose premises are restricted to its members and
their guests.
See § 6-7-1.
See § 6-7-1.
Commercial uses, varying in size, providing daily or regularly
scheduled recreation-oriented activities. Such activities may take
place wholly outdoors or within a number of outdoor structures. Typical
uses include facilities for tennis, racquetball, handball, basketball,
baseball, football, swimming, ice-skating, golf and soccer.
An application that contains all information and/or data
necessary to enable an informed decision to be made with respect to
an application.
Materials, written and graphic, including maps, charts, studies,
resolutions, reports and other descriptive material that identify
the goals, objectives, principles, guidelines, policies, standards,
devices and instruments for the immediate and long-range protection,
enhancement, growth and development which have been adopted and may
be amended by the Amherst Town Board in accordance with NYS Town Law
§ 272-a.
[Amended 2-4-2008 by L.L. No. 1-2008]
A facility used for service organizations, business and professional
conferences and seminars limited to accommodations for conference
attendees. The accommodations can include sleeping, eating and recreation.
A conference center is not designed to be only utilized by the general
public for overnight purposes.
An establishment or business providing services, including
but not limited to, carpentry, electrical, masonry, plumbing, heating,
ventilation, air conditioning, painting, ornamental iron work, roofing
and sheet metal; packing and crafting and monumental works.
A facility involved in the sale of convenience goods or personal
services that support the daily needs of household consumers.
[Added 12-14-2020 by L.L.
No. 20-2020]
An unroofed, open space enclosed by four walls.
An unroofed, open space enclosed by three walls and with
one side open to a yard.
A place for the care of three or more persons for less than
24 hours a day, away from their homes.
The outside bark diameter at breast height. Breast height
is defined as 4.5 feet (1.37 m) above the ground on the uphill side
of the tree.
A raised platform adjacent to the principal structure generally
constructed of wood or wood composite and including a foundation,
stairs and railing.
[Added 11-30-2020 by L.L.
No. 17-2020]
An area of land permitted by this Ordinance to be developed
by a single owner or group of owners, acting jointly, which may consist
of a parcel or assembled parcels planned and developed as an entity.
The act of exposing, placing, posting, exhibiting, or in
any fashion displaying in any location, whether public or private,
an item in such a manner that it may be readily seen and its content
or character distinguished by 1) a person who is between five feet
and six feet in height, with eyesight adequate to obtain a New York
vehicle operator's license of any type; 2) standing on a street, highway,
or public sidewalk, or on the property of others, or from the parking
lot or any other portion of the premises that is open to members of
the public other than adults who have been admitted to the business
in accordance with management policies.
[Added 7-7-2008 by L.L. No. 9-2008]
A commercial facility for the supervised care of dogs for
periods of less than 24 hours a day, not to include facilities that
provide boarding, breeding or selling of dogs, or facilities whose
primary source of revenue is licensed veterinarian services.
[Added 10-17-2011 by L.L. No. 25-2011]
A structure specially designed for a long-term stay by students
of a college, university, or nonprofit organization for the purpose
of dividing rooms for sleeping purposes. Common kitchens and some
common gathering rooms for special purposes may also be provided.
[Added 1-16-2007 by L.L. No. 2-2007]
A building or portion of a building designed or occupied
exclusively for residential and permitted accessory uses. The term
dwelling shall not be deemed to include a hotel, motel, bed &
breakfast, hospital, nursing home, dormitory, or fraternity or sorority
house.
[Amended 9-6-2016 by L.L.
No. 10-2016]
A building or portion of a building containing three or more
dwelling units and designed or used for occupancy by three or more
families living independently of each other.
A room or group of rooms within a building forming a single
habitable unit which may be occupied by a single family for living,
sleeping, cooking and eating purposes. A dwelling unit may be attached
or detached.
A business or enterprise that, as one of its principal purposes,
offers: physical contact between two or more persons when one or more
of the persons is in a state of nudity or semi-nudity.
[Added 7-7-2008 by L.L. No. 9-2008]
Any person paid as an employee, contractor, subcontractor,
or agent of the operator of a cabaret who frequently appears in a
state of semi-nudity at any establishment regulated by this chapter.
[Added 7-7-2008 by L.L. No. 9-2008]
Any of the following activities, when performed by a sexually
oriented entertainer at a sexually oriented business: dancing, singing,
talking, modeling (including lingerie or photographic), gymnastics,
acting, other forms of performing, or individual conversations with
customers for which some type of remuneration is received.
[Added 7-7-2008 by L.L. No. 9-2008]
The percentage of the width of a building facade which faces
a public street relative to the lot width.
[Added 5-17-2010 by L.L. No. 8-2010]
A facade facing a public street, parking area or pedestrian
walkway.
Any number of individuals living together as a single housekeeping
unit; 1) who are related by blood, marriage or adoption; or 2) although
not related by blood, marriage or adoption, whose living arrangements
are the functional equivalent of a traditional family.
A single parcel of land two acres or more in size on which
an owner or tenant carries on agricultural pursuits, including but
not limited to, the raising of crops, dairying pursuits or the raising
of livestock or poultry or the keeping of bees.
[Amended 10-17-2022 by L.L. No. 19-2022]
The total horizontal area of a building as outlined by its
exterior main walls, not including any space the habitation of which
is prohibited by any law, built-in or attached garages, porches or
terraces.
The total area of the building accessible to the public,
including showrooms, motion picture theaters, motion picture arcades,
service areas, behind-counter areas, storage areas visible from such
other areas, restrooms (whether or not labeled "public"), areas used
for cabaret or similar shows (including stage areas), plus aisles,
hallways, and entryways serving such areas.
[Added 7-7-2008 by L.L. No. 9-2008; amended 11-30-2020 by L.L. No. 17-2020]
The amount of light that is produced by a candle at the distance
of one foot. A footcandle is also the equivalent of one lumen per
square foot.
A place of residence other than a hotel, dormitory, or rooming
house that is operated by a nationally chartered membership organization
or a local chartered organization; is used, occupied, and maintained
for persons enrolled in a college, university, or other educational
institution; which is recognized and subject to controls by such institution;
and is located entirely on the campus of that institution.
[Amended 9-6-2016 by L.L.
No. 10-2016]
A sign supported by structures or supports that is placed
on, or anchored in, the ground and that is independent from any building
or other structure and includes ground signs, message center signs,
pole signs and subdivision identification signs.
A building, accessory to dwellings, used exclusively for
the parking or temporary storage of motor vehicles, boats and trailers.
A main or accessory enclosed building with doors, other than
a private garage, used for parking or temporary storage of motor vehicles,
boats and trailers.
A main or accessory building used for purposes of repairing
motor vehicles, boats and trailers; a service garage if accessory
to an automobile salesroom.
Two or more structures containing attached residential units
or nonresidential structures, or a combination thereof. Structures
need not be on individual lots.
The maximum horizontal area of a building at the ground level,
excluding open porches, terraces and steps and attached or built-in
garage areas.
A Solar Energy System that is anchored to the ground and
attached to a pole or other mounting system, detached from any other
structure for the primary purpose of producing electricity or thermal
energy for onsite consumption.
[Added 12-14-2020 by L.L.
No. 18-2020]
See "building height."
See § 6-7-1.
An occupation carried on in a dwelling unit by the resident
thereof; provided that the use is limited in extent and incidental
and secondary to the use of the dwelling unit for residential purposes
and does not change the character thereof.
A structure other than a hospital or nursing home in which
a minimum of two terminally ill persons are regularly lodged and furnished
with meals and nursing care and which has been granted a certificate
of approval to operate as a hospice pursuant to the Public Health
Law or any successor regulating state law.
The percentage of the area of a lot that is covered by surfaces
which do not readily absorb rainwater, including, but not limited
to: buildings, sidewalks, plazas and paved parking areas
[Added 5-17-2010 by L.L. No. 8-2010]
An indoor facility designed for sports and recreation activities
including, but not limited to, golf, basketball, baseball, football,
soccer, ice skating, tennis or swimming.
[Added 2-24-2014 by L.L. No. 5-2014]
Landscaped area located entirely within the parking area
of a site including landscaped islands, divider medians and yard area
at least five feet wide in excess of the minimum required yard for
Parking Areas 7,500 square feet or less (approximately 15 spaces).
A facility approved by the NYS Department of Health to provide
health-related care and services to persons who because of their physical
or mental condition require institutional care, in addition to board
and lodging, but who do not have such an illness, disease, injury,
or other condition as to require the institutional care and services
provided only by a hospital or nursing home, providing such facility
meets standards of safety and sanitation in accordance with state
and federal requirements in addition to those applicable to nursing
homes under state law.
Any premises on which four or more dogs more than four months
old are kept.
See "Tree, large deciduous."
An establishment or business which provides the services
of live models modeling lingerie, bathing suits, or similar wear to
individuals, couples or small groups in one or more rooms, where the
room(s) used for modeling is an area smaller than 1,000 square feet
each.
[Added 7-7-2008 by L.L. No. 9-2008]
Any animals raised for food or product. In addition, they
include the following, regardless of purpose:
All animals with hooves, either single or split;
All members of the ovine (sheep), bovine (cows and cattle),
caprine (goats), equine (horses and ponies), and swine (pigs and hogs)
families;
Emus, rheas, and ostriches; and
All poultry (chickens, roosters, turkeys, ducks, geese and the
like).
A parcel of land for a structure, use and the accessory structures
or uses customarily incident to it, including such open spaces as
are required by this Ordinance and such open spaces as are arranged
and designed to be used in connection with such structure. When part
of an existing conforming lot is conveyed by or to the Town of Amherst
Industrial Development Agency for a project involving the enlargement
of an existing structure or construction of an additional structure
which enlargement or additional structure is to be owned by the agency
or occupied by its lessee of the existing structures, design regulations
for the district shall be deemed not violated if the enlarged structure
complies with those regulations as applied to the entire lot.
The horizontal land area within lot lines.
Any boundary line of a lot.
See § 2-5, Measurements and Exceptions.
Land designated as a separate parcel on a plat map or deed
filed or recorded in the office of the Clerk of Erie County, New York.
See also "Nonconforming Use, Structure or Lot of Record."
[Amended 5-4-2009 by L.L. No. 5-2009]
CORNER LOT — A parcel of land having lot
lines at the junction of two or more streets or having lot lines on
the same street forming an interior angle of intersection not more
than 135 degrees.
INTERIOR LOT — A lot other than a corner
lot.
THROUGH LOT — An interior lot which has frontage
on more than one street.
 |
The horizontal distance of a lot measured along the building
line at right angles to the mean lot depth line.
[Amended 2-4-2008 by L.L. No. 1-2008]
 |
A structure transportable in one or more sections that, in
the traveling mode, is a minimum of eight feet in width or a minimum
of 40 feet in length or, when erected on site, is a minimum of 320
square feet in floor area. A manufactured home was built on or after
June 15, 1976 on a permanent chassis and designed to be used as a
dwelling with or without a permanent foundation when connected to
the required utilities. Plumbing, heating, air conditioning and electrical
systems are contained in the home. The term "manufactured home" shall
also include any structure that meets all the requirements of this
definition except the size requirements and with respect to which
the manufacturer voluntarily files a certification required by the
Federal Department of Housing and Urban Development (HUD) and complies
with the standards established under the National Manufactured Housing
and Safety Act of 1974, as amended. The term "manufactured home" shall
not include any self-propelled recreational vehicle. A manufactured
home shall bear a signifying conformance to the design and construction
requirements of HUD, Manufactured Home Construction and Safety Standards,
24 CFR Part 3280.
A parcel or contiguous parcels of land divided into two or
more manufactured home lots for rent or sale.
Touching, stroking, kneading, stretching, friction, percussion,
and vibration, and includes holding, positioning, causing movement
of the soft tissues and applying manual touch and pressure to the
body (excluding an osseous tissue manipulation or adjustment).
[Added 7-7-2008 by L.L. No. 9-2008]
Any business offering massages that is operated by a person
who is not a state licensed "massage therapist" or that provides massages
by persons who are not state licensed massage therapists by the State
Board of Massage Therapy, Office of the Professions, New York State
Education Department, under Title VIII, Education Law, Article 155
Massage Therapy.
[Added 7-7-2008 by L.L. No. 9-2008]
Anything printed or written, or any picture, drawing, photograph,
motion picture, film, videotape or videotape production, or pictorial
representation, or any electrical or electronic reproduction of anything
which is or may be used as a means of communication. Media includes
but shall not necessarily be limited to books, newspapers, magazines,
movies, videos, sound recordings, CD-ROMS, other magnetic media, and
undeveloped pictures.
[Added 7-7-2008 by L.L. No. 9-2008]
Magazines, books, videotapes, movies, slides, CD-ROMs or
other devices used to record computer images, or other media which
are distinguished or characterized by their emphasis on matter depicting,
describing or relating to "sexual conduct" or "specified anatomical
areas" (separately defined).
[Added 7-7-2008 by L.L. No. 9-2008]
A retail sales and services establishment that rents and/or
sells media, and that meets any of the following three tests:
[Added 7-7-2008 by L.L. No. 9-2008]
|
(1)
|
More than thirty percent (30%) of the gross public floor area
is devoted to sexually oriented media; or
| |
|
(2)
|
More than thirty percent (30%) of the stock in trade consists
of sexually oriented media; or
| |
|
(3)
|
It is advertised, marketed, or holds itself out in any form
as "XXX," "adult," "sex" or otherwise as a sexually-oriented business.
|
A retail sales and services establishment that rents and/or
sells media, and that meets either of the following two tests:
[Added 7-7-2008 by L.L. No. 9-2008]
|
(1)
|
More than ten percent (10%) but no more than thirty percent
(30%) of the gross public floor area is devoted to sexually oriented
media; or
| |
|
(2)
|
More than ten percent (10%) but no more than thirty percent
(30%) of the stock in trade consists of sexually oriented media.
|
See "Utilities, minor."
A building or group of buildings designed to accommodate
a combination of interrelated land uses, which includes a mix of two
or more of the following uses: retail, services, office, residential
or civic/public uses.
[Added 5-17-2010 by L.L. No. 8-2010]
A movable or portable dwelling unit that was built prior
to June 15, 1976 (with or without a label certifying compliance with
NFPA, ANSI or a specific state standard) and designed and constructed
to be towed on its own chassis, comprised of frame and wheels, connected
to utilities, and designed and constructed without a permanent foundation
for year-round living, excluding travel trailers.
An establishment or business that provides the services of
live models modeling lingerie, bathing suits, or similar wear to individuals,
couples, or small groups in a space smaller than 600 feet.
[Added 7-7-2008 by L.L. No. 9-2008]
See § 6-7-1.
Any business that provides booths, cubicles, stalls or compartments
which is smaller than 150 square feet in floor area, which is designed,
constructed or used to hold or seat customers, and which is used for
presenting sexually oriented motion pictures or viewing publications
by any photographic, electronic, magnetic, digital or other means
or medium (including, but not limited to, film, video or magnetic
tape, laser disc, CD-ROM, books, magazines or periodicals) for observation
by customers therein.
[Added 7-7-2008 by L.L. No. 9-2008]
A cinema or motion picture theater which shows hard-core
sexually oriented features on more than half the days that it is open,
or which is marketed as or offers features described as "adult," "XXX,"
or sexually oriented
[Added 7-7-2008 by L.L. No. 9-2008]
Four or more offices, commercial or industrial establishments
or enterprises or combinations of such uses thereof, that are located
in a single building; or one or more such offices, establishments
or enterprises or combinations of such uses located thereof in two
or more buildings developed or to be developed on one parcel.
[Amended 12-12-2022 by L.L. No. 22-2022]
Manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed, including, at a minimum, the installation of utilities,
the construction of streets and either final site grading or the pouring
of concrete pads, is completed on or after the effective date of floodplain
management regulations adopted by a community.
Lots, structures, uses of land and characteristics of use
that were lawful before this Ordinance or amendments thereto were
passed, but that would be prohibited, regulated or restricted under
terms of this Ordinance or future amendments. The definition of nonconforming
expressly does not include any illegally established use or structure.
The showing of the human male or female genitals, pubic area,
vulva, anus, anal cleft or cleavage with less than a fully opaque
covering, the showing of the female breast with less than a fully
opaque covering of any part of the areola or nipple, or the showing
of the covered male genitals in a discernibly turgid state. See also
"Semi-nude."
[Added 7-7-2008 by L.L. No. 9-2008]
Any outdoor lighting that creates a potential hazard to the
public or light trespass or glare to neighboring properties, thereby
causing loss of enjoyment, comfort, or repose.
[Added 10-17-2022 by L.L.
No. 19-2022]
A building used for the accommodation and care of persons
with, or recuperating from, illness or incapacity, where nursing services
are provided.
An enclosed space within a building intended for human activities,
including, but not limited to living, working, eating or sleeping,
which meet the required building codes for such spaces.
[Added 5-17-2010 by L.L. No. 8-2010]
The use of a building or a portion of a building for the
provision of executive, consulting, professional, management, or administrative
services. Typical uses include, but are not limited to, administrative
offices and services including advertising, accounting, architecture,
archival services, design, engineering, financing, government, human
health care, insurance, investment, law, medical laboratory testing
service, personnel, property management, real estate, secretarial
services, telephone answering, travel, and business offices of public
utilities, organizations and associations, or other use classifications
when the service rendered is that customarily associated with office
services.
An elevated structure with steps, frost-protected foundation,
raised deck or slab, roof, and railing, but no side walls or screening
and which is attached to the principal structure.
[Added 11-30-2020 by L.L.
No. 17-2020]
An area unobstructed by buildings from the ground upward,
except for walks, paths, landscaping or other site features in public,
common or other private ownership. Yards of individual lots occupied
by dwellings shall not constitute open space.
A parcel or parcels of land or an area of water or a combination
of land and water within the site, privately owned and designed and
intended for the use and enjoyment of two or more households residing
in the site, or in specified portions of the site or other users if
permitted by the owners of the common open space. Common open space
may contain such structures and improvements as are necessary and
appropriate for the benefit and enjoyment of persons served by such
common open space.
A use that creates or preserves areas intended primarily
for the raising of animals and crops, conservation, and the secondary
industries associated with agricultural production.
See "Tree, ornamental."
Public uses, varying in size, providing daily or regularly
scheduled recreation-oriented activities. Such activities may take
place wholly outdoors or within a number of outdoor structures. Typical
uses include facilities for tennis, racquetball, handball, basketball,
baseball, football, swimming, ice-skating, golf and soccer.
An outdoor facility designed for sports and recreation activities
including, but not limited to, golf, basketball, baseball, football,
soccer, ice skating, tennis or swimming.
[Added 2-24-2014 by L.L. No. 5-2014]
A parcel of land, generally located on the perimeter of a
larger parcel of commercial land that is subordinate to the larger
parcel for access, parking and drainage purposes.
As used in this Ordinance, shall include, in addition to
its usual meaning, tenant, lessee, occupant or other user.
A district classification superimposed in addition to another
(basic) district classification, further regulating or limiting structures
and uses otherwise permitted and regulated pursuant to the basic district
classification.
A small office designed to serve the needs of residents of
a manufactured home park.
An area used primarily for parking, circulation and storage
of vehicles including but not limited to parking lots and driveways.
A parking area that is visually and functionally segmented
into several smaller parking areas.
A concrete, masonry, flagstone or similar stone material
or wood area built above or at grade that may be enclosed with a fence,
railing or wall.
[Added 11-30-2020 by L.L.
No. 17-2020]
A single-family detached dwelling unit placed on a small
lot with a rear yard that may be enclosed by a wall.
See § 6-7-1.
See § 6-7-1.
See § 6-7-1.
An applicant.
Any space devoted to gathering together persons for amusement,
athletic, civic, dining, educational, entertainment, patriotic, political,
recreational, religious, social or similar purposes.
An establishment for the growth, display or sale of trees,
shrubs, flowering and nonflowering plants and materials used in indoor
or outdoor planting, conducted within or without an enclosed building.
Entertainment which characterizes the establishment, as determined
(if necessary) from a pattern of advertising as well as actual performances.
[Added 7-7-2008 by L.L. No. 9-2008]
Land that is best suited to producing food, feed, forage,
fiber and oilseed crops. It has the soil quality, growing season,
and moisture supply needed to economically produce a sustained high
yield of crop when it is treated and managed according to acceptable
farming methods. Prime Farmland may now be in crops, pasture, woodland,
or other land, but not in urban and built-up land or water areas.
It must be used for producing food or fiber or be available for this
use. (As defined by the Soil Survey of Erie County, New York, 1986)
[Added 12-14-2020 by L.L.
No. 18-2020]
Those districts listed in 5A-5-1. Applicability as protected
by requiring a transition on a Mixed Use District property.
[Added 9-3-2019]
A building or fenced-in area containing equipment used by
a public utility to provide and distribute its services.
An area used on a temporary basis for the storage, assembly
or processing of materials, equipment, and supplies used in the construction
of a United States, New York State, Erie County or Town of Amherst
public works project. The public works construction yard may include
offices associated with the public works project. Typical projects
include but are not limited to: construction, reconstruction, or repair
of public infrastructure such as roadways, storm sewers, sanitary
sewers, and waterlines.
[Added 12-7-2009 by L.L. No. 19-2009]
A person who has skills and knowledge related to the construction
and operation of solar electrical equipment and installations and
has received safety training on the hazards involved. Persons who
are on the list of eligible photovoltaic installers maintained by
the New York State Energy Research and Development Authority (NYSERDA),
or who are certified as a solar installer by the North American Board
of Certified Energy Practitioners (NABCEP), shall be deemed to be
qualified solar installers for the purposes of this definition.
[Added 12-14-2020 by L.L.
No. 18-2020]
A place of assembly used primarily as a church, synagogue,
temple, mosque or other place of religious worship.
[Added 7-7-2008 by L.L. No. 9-2008]
A business that engages in research or development of innovative
ideas in technology-intensive fields. Typical uses include: experimental,
research and testing facilities, including but not limited to, the
construction or operation of: small scale experimental and pilot plant
operations; laboratories; production operations if ancillary to, or
resulting from, a permitted experimental, research or testing operation;
communication, navigation control, guidance systems, transmission
and reception equipment; data processing equipment and systems; audio
components and radio and television equipment; scientific and medical
instruments; assembly testing and calibration of components, devices,
systems and equipment, such as but not limited to, electronic, scientific,
medical, optical, biochemical, chemical, metallurgical and pharmaceutical
goods.
A facility that provides long-term residential care and support
services to mentally ill adults, provides case management and medication
management services and assists residents in securing clinical vocational
and social services necessary to enable the resident to continue to
live in the community.
The right established by usage or grant to pass along a specific
route through public or private grounds or property by pedestrians,
vehicles or utilities belonging to another.
[Added 9-3-2019]
A solar panel system located on the roof of any legally permitted
building or structure for the purpose of producing electricity or
thermal energy for onsite or offsite consumption.
[Added 12-14-2020 by L.L.
No. 18-2020]
Flagellation or torture by or upon a person clothed or naked,
or the condition of being fettered, bound, or otherwise physically
restrained on the part of one so clothed or naked.
[Added 7-7-2008 by L.L. No. 9-2008]
A method of reducing the visual impact of one abutting use
or structure from another by landscaping, walls, berms, or other appropriate
means.
The showing of the female breast below a horizontal line
across the top of the areola at its highest point. This definition
shall include the entire lower portion of the human female breast,
but shall not include any portion of the cleavage of the human female
breast, exhibited by a dress, blouse, skirt, leotard, bathing suit,
or other apparel, provided the areola is not exposed in whole or in
part.
[Added 7-7-2008 by L.L. No. 9-2008]
A building for senior citizens, primarily for persons 62
years old or more, who are in good physical condition and do not require
physical assistance.
An establishment engaged in the sale of motor vehicle fuel.
In addition, such uses may engage in the sale of beverages, packaged
foods, tobacco and similar convenience goods. Provision of road maps
and other informational material to customers; provision of restroom
facilities.
Oil, grease, batteries, tires and motor vehicle accessories
may be supplied and dispensed at retail and the following services
may be rendered and sales made:
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Servicing of automobiles, noncommercial trucks, motorcycles,
recreational vehicles, or boats spark plugs, batteries and distributors
and distributor parts; Tire servicing and repair, but not recapping
or regrooving; Replacement of mufflers and tail pipes, water hose,
fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers,
windshield wipers and wiper blades, grease retainers, wheel bearings,
mirrors, and the like; Radiator cleaning and flushing; Washing and
polishing, and the sale of automotive washing and polishing materials;
Greasing and lubrication; Providing and repairing of pumps and lines;
Minor servicing and repair of carburetors; Wiring repairs; Adjusting
and repairing brakes; Minor motor adjustments; Vehicle inspection.
| |
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Uses permissible at a service station do not include rental
of motor vehicles, major mechanical and body work, straightening of
body parts, painting, welding or storage of automobiles not in operating
condition. A service station is not a repair garage nor a body shop.
| |
A retail sales and services establishment that meets any
of the following tests:
[Added 7-7-2008 by L.L. No. 9-2008]
|
(1)
|
It offers for sale items from any two of the following categories:
sexually oriented media; lingerie; leather goods marketed or presented
in a context to suggest their use for sadomasochistic practices, sexually
oriented novelties; and the combination of such items make up more
than ten percent of its stock in trade or occupies more than 10 percent
of its floor area; or,
| |
|
(2)
|
More than five percent of its stock in trade consists of sexually-oriented
toys or novelties; or,
| |
|
(3)
|
More than five percent of its gross public floor area is devoted
to the display of sexually oriented toys or novelties.
|
[Amended 7-7-2008 by L.L. No. 9-2008]
An inclusive term used to describe collectively: sexually
oriented cabaret; sexually oriented motion picture theater; motion
picture arcade; retail sales and services falling into the category
of sex shop or sexually oriented media shop. This collective term
does not describe a specific land use and shall not be considered
a single use category for purposes of the zoning code or other applicable
ordinances.
[Added 7-7-2008 by L.L. No. 9-2008]
Instruments, devices, or paraphernalia either designed as
representations of human genital organs or female breasts or designed
or marketed primarily for use to stimulate human genital organs
[Added 7-7-2008 by L.L. No. 9-2008]
A document required for shared parking activities that addresses,
at a minimum, the size and type of the proposed development, the composition
of tenants, the anticipated rate of parking turnover and the anticipated
peak parking and traffic loads for all uses that will be sharing off-street
parking spaces.
Four or more offices, commercial or industrial establishments
or combinations of such uses, which are located in a single building
or in two or more buildings, developed as part of a single integrated
development exceeding 25,000 square feet of gross floor area.
[Amended 11-30-2020 by L.L. No. 17-2020]
See "Clear Sight Triangle."
A name, identification, description, display or illustration
which is affixed to or painted or represented directly or indirectly
upon a building, structure or piece of land which directs attention
to an object, product, service, place, activity, person, institution,
organization or business and the supporting members thereto.
|
SIGN, ADDRESS. See § 7-8-3.
| |
|
SIGN, AWNING. See § 7-8-4.
| |
|
SIGN, CONSTRUCTION. See § 7-8-3.
| |
|
SIGN, DIRECTORY. See § 7-8-4.
| |
|
SIGN, INCIDENTAL. See § 7-8-3.
| |
|
SIGN, FASCIA. See § 7-8-4.
| |
|
SIGN, FUEL PUMP. See § 7-8-3.
| |
|
SIGN, GROUND. See § 7-8-4.
| |
|
SIGN, HANGING. See § 7-8-4.
| |
|
SIGN, HOME OCCUPATION. See § 7-8-3.
| |
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SIGN, MARQUEE. See § 7-8-4.
| |
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SIGN, MESSAGE CENTER. See § 7-8-4.
| |
|
SIGN, POLE. See § 7-8-4.
| |
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SIGN, PROJECTING. See § 7-8-4.
| |
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SIGN, REAL ESTATE. See § 7-8-3.
| |
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SIGN, SUBDIVISION IDENTIFICATION. See § 7-8-4.
| |
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SIGN, WALL. See § 7-8-4.
| |
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SIGN, WINDOW. See § 7-8-3.
|
See "Tree, small deciduous."
A wind energy conversion system consisting of a wind turbine,
a tower, base and associated control or conversion electronics, which
has a rated capacity of not more than 100 kilowatts and which is intended
to primarily reduce the on-site consumption of utility power.
[Added 8-17-2009 by L.L. No. 12-2009]
The total land area occupied by all components needed for
an active solar energy system, including solar panels, necessary equipment,
access roads, etc., and entirely enclosed by a fence.
[Added 12-14-2020 by L.L.
No. 18-2020]
A solar photovoltaic cell, panel, or array, or solar hot
air or water collector device, which relies upon solar radiation as
an energy source for the generation of electricity or transfer of
stored heat.
[Added 12-14-2020 by L.L.
No. 18-2020]
Electrical or thermal energy storage devices, material, hardware,
inverters, or other electrical/thermal equipment and conduit of photovoltaic
and solar thermal devices associated with the production of electrical
or thermal energy.
[Added 12-14-2020 by L.L.
No. 18-2020]
An electrical or thermal generating system composed of a
combination of both Solar Panels and Solar Energy Equipment.
[Added 12-14-2020 by L.L.
No. 18-2020]
The maximum occupied surface area taken up by the rows of
solar panels and the space between the rows (as the panels are laid
out at the minimum 0° angle) and including any necessary equipment,
access or maintenance roads and pathways.
[Added 12-14-2020 by L.L.
No. 18-2020]
A panel designed to absorb solar energy and convert it into
electrical or thermal energy.
[Added 12-14-2020 by L.L.
No. 18-2020]
A device attached to a building to provide shading for glazed
areas of the building.
A device that stores energy from the sun and makes it available
in an electrical form.
[Added 12-14-2020 by L.L.
No. 18-2020]
Solar energy systems that directly heat water or other liquid
using sunlight. The heated liquid is used for such purposes as space
heating and cooling, domestic hot water, and the heating of pool water.
[Added 12-14-2020 by L.L.
No. 18-2020]
A permit for a use that is generally considered to be appropriate
in a particular zoning district but because of its potential for incompatibility
with adjacent uses requires individual review and may require the
imposition of conditions in order to assure the appropriateness of
the use in a particular zoning district.
See § 6-7-1.
A law adopted by the New York State Legislature as Article 8 of the Environmental Conservation Law and regulations adopted pursuant thereto; and Chapter 104 of the Code of the Town of Amherst, Local Environmental Review Law. The purpose of SEQR is to incorporate the consideration of environmental factors into the planning, review and decision-making processes of state, regional and local government agencies. SEQR requires that all agencies determine whether the actions they directly undertake, fund or approve may have a significant impact on the environment, and, if it is determined that the action may have a significant adverse impact, prepare or request an environmental impact statement.
See § 6-7-1.
The portion of a building between the surface of a floor
and the next floor above or the ceilings next above under a roof.
A public or private way which permits conducting of vehicular
travel and/or affords a primary means of access by vehicles and pedestrians
to abutting properties, including the entire area within the right-of-way.
The term includes those ways as shown on plats filed in the office
of the Erie County Clerk, whether improved or not.
EXPRESSWAY. A divided arterial highway for through traffic to
which access from the abutting properties is prohibited and all street
crossings are made by grade-separated intersections.
MAJOR ARTERIAL. A high volume roadway that carries the major
portion of daily trips to centers of activity in the metropolitan
area. Major arterials (also called principal arterials) place a greater
emphasis on mobility rather than access to land and include fully
and partially controlled access facilities in three categories: Interstates,
Expressways, and Streets. A major arterial serves major through movements
between important centers of activities in a metropolitan area, and
a substantial portion of trips entering and leaving the area. It also
connects freeways with major traffic generators.
MINOR ARTERIAL. A street that connects and augments the major
arterial system. Although its main function is still traffic mobility,
a minor arterial performs this function at a somewhat lower level
and places more emphasis on land access than does a major arterial.
A system of minor arterials serves trips of moderate length and distributes
travel to geographical areas smaller than those served by a major
arterial.
COLLECTOR. A street that distributes trips from and channels
trips to arterials. Additionally, these roadways provide access and
circulation within residential neighborhoods. Collector streets provide
for both access and circulation within residential, business, and
industrial areas. Their access function is more important than that
of arterials, and unlike arterials, their operation is not always
dominated by traffic signals.
LOCAL COLLECTOR. A street that distributes lower volumes of
traffic from predominantly residential developments to collector streets
and arterials. Local collectors carry through traffic, but at lower
volumes than collectors.
LOCAL STREETS. A street that provides for local traffic with
the highest level of property access and the lowest level of mobility.
Through traffic movement is discouraged on local streets.
The slope of the street as measured between two points.
The right-of-way line abutting a public street or edge of
pavement abutting a private street.
[Amended 7-21-2008 by L.L. No. 10-2008]
A building, gas or liquid storage tank, or anything other
than a fence, dumpster enclosure, vehicle use area constructed or
erected which requires permanent location in or on the ground or attachment
to something having such location. For application to the floodplain
see § 7-7-4.
[Amended 10-9-2017 by L.L. No. 21-2017]
An ambulatory care facility that provides same day services
outside of a traditional hospital setting; including a medical facility
that provides health treatment services for cancer care, dialysis,
infusion and other treatments that require a longer duration of medical
service as well as accessory clinical, professional and administrative
uses located within such a medical facility. Such a medical facility
is distinguished from a general medical office, wherein the patient
visitation involves a shorter duration of medical services rendered.
[Added 12-12-2022 by L.L.
No. 22-2022]
See § 6-7-1.
See § 6-7-1.
See § 6-7-1.
See § 6-7-1.
A document required for reduced parking that details how
the petitioner will reduce parking demand at the proposed development.
The following are possible elements of a transportation management
plan: transportation coordinator, off-peak work hours, preferential
parking and financial incentives.
Any self-supporting woody plant of a species that normally
grows to an overall mature height of at least 40 feet, usually with
one main stem or trunk.
Any self-supporting woody plant of a species that normally
grows to an overall mature height of at least 15 feet, usually with
one main stem or trunk.
Any self-supporting woody plant of a species that features
flowers, bracts and/or fruits that are conspicuous by virtue of their
color or size.
An establishment engaged in the washing, servicing, and repair
of commercial trucks. Such uses may engage in truck-related: Tire
servicing and repair, but not recapping or regrooving; Replacement
of mufflers and tail pipes, water hose, fan belts, brake fluid, light
bulbs, fuses, floor mats, seat covers, windshield wipers and wiper
blades, grease retainers, wheel bearings, mirrors, and the like; Radiator
cleaning and flushing; Washing and polishing; Greasing and lubrication;
Providing and repairing of pumps and lines; Minor servicing and repair
of carburetors; Wiring repairs; Adjusting and repairing brakes; Minor
motor adjustments; Vehicle inspection.
Uses permissible at a truck wash and truck repair facility
do not include the rental of motor vehicles, sale of motor vehicle
fuel or parts, major mechanical and body work, straightening of body
parts, painting, welding or storage of vehicles not in operating condition.
[Added 8-9-2021 by L.L.
No. 11-2021]
Chapter 62 of the NYS Consolidated Laws.
The parts of a small wind energy system including the blades,
generator and tail.
[Added 8-17-2009 by L.L. No. 12-2009]
A combination of uses permitted in a nonresidential district
planned as an integrated entity with common access points, off-street
parking, loading and stacking areas, fire lanes and other facilities
and features.
A residential dwelling unit located above a nonresidential
use.
Public or private infrastructure serving a limited area with
no on-site personnel. Typical uses include stormwater retention and
detention facilities, telephone exchanges and water and wastewater
pump stations.
The sale or rental of automobiles, trucks, motorcycles, recreational
vehicles, or boats. Typical uses include new and used car dealerships,
motorcycle dealerships, and boat, trailer, or recreational vehicle
dealerships.
An area used primarily for parking, circulation and storage
of vehicles, including but not limited to, parking lots, loading areas,
stacking spaces and driveways.
A view extending into the distance but bounded by structures
or public facilities.
See § 6-7-1.
An open space on the same lot with the building unoccupied
and unobstructed by any portion of the structure from the ground upward,
except as otherwise provided in this Ordinance.
A side yard located immediately adjacent to a public street
right-of-way line or the edge of pavement of a private street.
[Amended 7-21-2008 by L.L. No. 10-2008]
An open space extending the full width of the lot between
the front lot line abutting a public right-of-way or the edge of the
pavement abutting a private street and the structure setback line
as established by this Ordinance. In no case shall a structure encroach
into an easement area established for a private street.
[Amended 7-21-2008 by L.L. No. 10-2008]
The yard extending from the rear wall of the structure to
the rear lot line across the full width of the structure.
The minimum yard required between a lot line or edge of pavement
on a private street and building line or line of any parking, loading
and stacking area or any other use requiring a yard in order to comply
with the zoning regulations of the district in which the zoning lot
is located. A required yard shall be open and unobstructed from the
ground upward, except for projections on structures as permitted in
the Zoning Ordinance and except for walks, landscaping and other yard
or site features.
[Amended 7-21-2008 by L.L. No. 10-2008]
An open space extending from the front yard to the rear yard
and of a width established by this Ordinance; the width shall be measured
at right angles to its side lot line.
A single-family detached dwelling unit positioned on one
side lot line without any setback with private yards on three sides
of the building, including a wider side yard comprising the equivalent
of two side yards for conventional detached housing.
2-5-1.
Clear Vision Triangle. A clear vision triangle
is the triangle formed on corner lots between points on the front,
side or rear lot lines or edges of pavement on a private street 35
feet from the intersection of the right-of-way lines or edges of pavement
on a private street. Within that area no fence, wall, ornamental gate
or portal, bushes, shrubbery or stored material shall be permitted
higher than two feet above the average finished grade of the lot.
Trees shall be permitted within the area only if maintained and trimmed
so that no branches or foliage are less than eight feet above the
average finished grade of the lot. No building shall be located within
the areas, except that this restriction shall not apply above the
bottom of the second floor nor to columns of a size required to carry
the weight of upper stories.
[Amended 7-21-2008 by L.L. No. 10-2008]
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2-5-2.
Yards.
A.
Exceptions.
(1)
Encroachments. The following are permitted in the
required yard areas provided they comply with all other standards
of this and other applicable ordinances. In no event shall any of
the following encroach into the public right-of-way.
(a)
Cornices and Eaves. Cornices and eaves may project
not to exceed 18 inches over any required yard or court.
(b)
Sills, Loaders, Belt Courses. Sills, loaders, belt
courses and similar ornamental or structural features may project
six inches into any required yard or court. An open fire balcony or
fire escape or a fire tower may project into a required yard not more
than four feet.
(c)
Ground Story Bay Windows, Oriels, Balconies and Open Porches.
[Amended 2-4-2008 by L.L. No. 1-2008; 3-4-2019 by L.L. No. 6-2019; 11-30-2020 by L.L. No. 17-2020]
(i)
Ground story bay windows, oriels or balconies,
having a combined total width not exceeding one-half of the length
of the wall to which they are attached, may project not more than
three feet into any required rear yard or into any required side yard
which is over six feet wide.
(ii)
An open porch not over one story high, window
wells, and other similar structures as determined by the Zoning Enforcement
Officer, may project into any required side yard, provided that it
does not come nearer the side lot line than a distance equivalent
to one-half the width of the side yard required as a minimum for that
lot. Window wells may project a maximum of 5 feet into a required
front yard.
[Amended 10-17-2022 by L.L. No. 19-2022]
(iii)
No open porch, oriel, bay window, balcony or
stairway constructed under the provisions of the preceding paragraph
shall have a width or a greater dimension in excess of twice the distance
of its projection.
(iv)
An open porch or entranceway may not project more
than eight feet into a required front yard. An open porch or deck,
not exceeding one story in height, may not project more than eight
feet into a required rear yard.
(v)
A bay window not over one story high may project
four feet into a required front yard. Such bay windows shall not occupy
more than one-half of the wall to which they are attached. Where part
of the front wall encloses garage space, such wall space shall not
be used to figure length of the bay windows.
(d)
Chimney, Smokestack, Flue or Elevator. A chimney,
smokestack, flue or elevator shaft may project into any yard or court
required as a minimum, provided that the horizontal section of the
projection does not exceed 12 square feet in any residence district
or nine square feet in any other district, provided that it does not
come nearer the side lot line than a distance of three feet.
(e)
Exterior Heating or Air-Conditioning Structures in Residential
Districts. Except for window-mounted units, no exterior heating
or air-conditioning structure or equipment shall be located within
three feet of any lot line.
[Amended 8-1-2011 by L.L. No. 19-2011]
(f)
Radio and Television Antennas. Radio and television
antennas and any other communication equipment shall not be located
within the area of a lot between the front or exterior side lot line
and the nearest line of any building on the lot.
(g)
Ornamental Gates, Fences and Portals. Ornamental
gates, fences and portals may be constructed in any district, but
only on private property, and may be located in a required yard. Fences
located in a required front yard shall be in accordance with § 7-5-3.
(h)
Driveways.
(i)
The parking of vehicles shall be prohibited in
any required front yard except on a paved surface.
(ii)
Driveways may be located in a required front yard
in any district, and are not subject to setbacks required for other
vehicle use areas. In no case shall a commercial driveway be located
less than 10 feet from an adjacent residential lot line.
(iii)
For parcels containing one to four residential
dwelling units, the cumulative area of any driveway, plus any impermeable
surface area located in the required front yard, shall not exceed
50 percent of the area between the front face of the house and the
right-of-way line. Driveways and parking areas shall be constructed
of concrete, asphalt or other materials approved by the Commissioner
of Building.
[Amended 8-1-2011 by L.L. No. 19-2011]
(2)
Yards on Through Lots. Each through lot shall require
a rear yard setback equal to the required front yard of any abutting
lots on the non-frontage street.
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(3)
Front Yards on Partially Built-Up Residential Blocks. Where 50 percent or more of the aggregate street frontage on one
side of a street between two successive intersecting streets is occupied
by buildings, and the average setback distance of existing residence
buildings exceeds the required minimum front yard for the district
in which the lot to be developed is located, the minimum front yard
of that lot shall be the lesser of:
(a)
Eighty-five percent of the average setback distance of existing
residential buildings located on the lots on either side. This minimum
required setback shall not exceed twice the required setback for the
zoning district as determined by the Zoning Enforcement Officer.
[Amended 3-4-2019 by L.L.
No. 6-2019]
(b)
The minimum front yard required under any restrictive covenants
or declarations recorded in the Erie County Clerk's office affecting
the lot to be developed and those on either side of it.
(4)
Minor Utility Setbacks. Notwithstanding § 2-5-3 below, minor utilities, as defined in § 2-4, and aboveground backflow prevention devices, shall be subject to the minimum yard requirements of Part 3, Part 4 or Part 5 with a minimum of ten feet. Grease interceptors, stormwater retention and detention facilities and aboveground backflow prevention devices three feet or less in height are not subject to the minimum yard requirements of Parts 3, 4 or 5, but shall have a minimum setback of ten feet from all property lines, with the following exception:
[Amended 1-16-2007 by L.L. No. 2-2007, 9-21-2009 by L.L.
No. 14-2009, and 4-12-2010 by L.L. No. 2-2010; 10-17-2022 by L.L. No. 19-2022]
(a)
When a stormwater retention or detention facility is shared
by multiple parcels, there shall be no side or rear setback requirement
for the facility in the location(s) where the facility crosses a property
line between shared users of the facility.
(b)
When a grease interceptor is adjacent to a residential zoning
district line or residential use property line such grease interceptor
shall maintain the required setbacks for accessory structures as listed
in the dimensional standards table for the district which the principal
use is within. When located within required green space, such structures
shall be completely below grade with adequate soil to allow for lawn
establishment.
(5)
Yards on Corner Lots.
[Amended 7-16-2007 by L.L. No. 7-2007]
(a)
The shorter property line abutting streets on a residential
corner lot shall be deemed the front lot line.
(b)
The exterior side yard for any
building or structure on a corner lot shall meet the front yard requirement
for the district within which it is located; provided, however, that
for buildings on lots within subdivisions given preliminary plat approval
prior to October 24, 1960, the minimum width of the exterior side
yard shall be 20 feet.
[Amended 12-16-2019 by L.L. No. 22-2019; 10-17-2022 by L.L. No. 19-2022]
(1)
Fencing no higher than 6 feet in height may be
within the required exterior side yard on lots which are less than
60 feet in width, providing it is a minimum of 3 feet from the adjacent
road right of way/property line.
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(2)
When a rear property line abuts a neighboring side
yard and a driveway is within 10 feet of the rear property line a
fence angle point must be placed to improve vehicular/pedestrian visibility
for those lots that are less than 60 feet in width.
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(3)
For lots 60 feet and wider in width, fencing no
higher than 6 feet in height may be within the required exterior side
yard providing it is a minimum of 10 feet from the adjacent road right
of way/property line.
(c)
See § 4-8-2 for side yard requirements for corner
lots in nonresidential districts and § 4-12-2 for side yard
requirements for corner lots in industrial districts.
[Added 2-8-2016 by L.L.
No. 2-2016]
(6)
Supplemental Front Yard Regulations on Partially Built-Up
Nonresidential Blocks. In all nonresidential and special purpose
districts, where 50 percent or more of the aggregate street frontage
on one side of a street between two successive intersecting streets
is occupied by buildings of the type and use permitted in the district,
the minimum front yard of a lot to be developed shall be the average
setback distance of existing buildings on the lots on either side
as determined by the Zoning Enforcement Officer.
[Amended 3-4-2019 by L.L.
No. 6-2019]
2-5-3.
Minimum Distances to Principal and Accessory Structures
for Specific Streets. Except as provided in subsections 2-5-2A(2)
through 2-5-2A(5), the minimum setback for structures, as measured
from the center of the right-of-way, shall supersede minimum setback
requirements for any yards abutting the following streets for those
districts where such setbacks are lower than those established in
the table below.
[Amended 10-9-2017 by L.L. No. 21-2017]
|
Street Name
|
Location
|
Minimum Distance to Structure
(ft)
|
|---|---|---|
|
Transit Road
|
135
| |
|
Niagara Falls Blvd.
|
Sheridan Dr. — North
|
115
|
|
Millersport Highway
|
Sheridan Dr. — North
|
115
|
|
Sheridan Dr.
|
115
| |
|
Main St.
|
East of Village line
|
115
|
|
Wehrle Dr.
|
East of Village line
|
115
|
|
North French Rd.
|
90
| |
|
Maple Rd.
|
90
| |
|
Hopkins Rd.
|
90
| |
|
Evans St.
|
Sheridan Dr. to Village line
|
90
|
|
Campbell Blvd.
|
90
| |
|
Sweet Home Rd.
|
Rensch Rd. — North
|
90
|
2-5-4.
Building Height.
B.
Exceptions.
(1)
Mechanical space for building equipment placed on the building
roof may be allowed above the maximum height specified, provided that
such mechanical space is set back a minimum of 15 feet from any exterior
wall, does not exceed 15 feet in height and is adequately screened
from view.
(2)
Chimneys, radio or television antennae, located upon and constituted
as an integral part of a principal structure, may be erected above
the height limit specified but are limited to a height not exceeding
65 feet above the average finished grade. Mechanical space for building
equipment placed on the building roof may be allowed above the maximum
height specified, provided that such mechanical space is set back
a minimum of 15 feet from any exterior wall does not exceed 15 feet
in height and is screened from view.
(3)
When adjacent to the following districts: R-R, S-A, R-1, R-2,
R-3, CR-3A, TR-3, R-4, MFR-4A, MFR-5, MFR-6, MFR-7 PRD, PDD, PRD,
or NCD, the following shall apply to any building or structure in
the MFR-6, MFR-7, OB, GB, NB, CS, MS, SC, RD, ST, GI, AG, CF, R-R,
S-A or RC districts:
[Amended 1-16-2007 by L.L. No. 2-2007; 2-4-2008 by L.L. No.
1-2008; 8-1-2011 by L.L. No. 19-2011; 2-24-2014 by L.L. No.
5-2014; 11-3-2014 by L.L. No. 39-2014]
(a)
In no case shall the side or rear setback be less than the greater
of 30 feet or that required for a parcel abutting a nonresidential
district. Buildings greater than 35 feet in height shall have minimum
side and rear setbacks of three feet for each foot of building height.
The maximum permitted height at the side and rear setback lines as
measured from the nearest residential district boundary shall be 35
feet or two stories for a structure with a pitched roof of 6:12 or
greater, and 30 feet or two stories for a building with a flat roof
or pitched roof of less than 6:12. Any structure that faces a public
right-of-way shall have its facade set back 20 feet for the first
30 feet of building height and 30 feet for building height above 30
feet. No building shall encroach into the vehicle use setback.
(4)
The maximum height for all nonresidential structures in the
R-R district shall be 65 feet.
(5)
No accessory structure in a residential district shall exceed
the lesser of 20 feet in height or the actual height of the principal
structure.
[Added 7-16-2007 by L.L. No. 7-2007; amended 11-30-2020 by L.L. No. 17-2020]
2-5-5.
Distance Between Uses. Where a provision of this
Zoning Ordinance requires the determination of the distance between
two uses, the following principles shall be followed:
[Added 7-7-2008 by L.L. No. 9-2008]
A.
The measurement to or from a use that is the principal use on a lot
shall be measured from the point on a lot line that is nearest to
the other lot line from or to which the measurement is being made;
B.
The measurement from or to one of several principal uses on a lot,
such as in a shopping center, shall be measured from the point on
the boundary of the leasehold or other space occupied by that use
that is nearest to the lot line from or to which the measurement is
being made; and
C.
The distance shall be measured by the shortest linear distance between
the points.
