Village of Lancaster, NY
Erie County
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Table of Contents
Table of Contents
The following rules of construction of language shall apply to the text of this chapter:
A. 
Words used in the present tense include the future tense.
B. 
Words used in the singular include the plural, and words used in the plural include the singular.
C. 
The word "lot" includes the word "plot" or "parcel."
D. 
The word "person" includes an individual, firm or corporation.
E. 
The word "shall" is always mandatory.
F. 
The words "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged or designed to be used or occupied."
G. 
Any reference to an R District shall be interpreted to mean any district with the prefix letter "R."
H. 
A building or structure includes any part thereof.
I. 
Any reference to a C District shall be interpreted to mean any district with the prefix letter "C."
J. 
Any reference to an M District shall be interpreted to mean any district with the prefix letter "M."
K. 
"And" indicates that all connected items, conditions, provisions or events shall apply.
L. 
"Or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination.
M. 
"Either. . . or" indicates that the connected items, conditions, provisions or events may apply singly but not in any combination.
For the purpose of this chapter, certain terms or words used herein shall be interpreted or defined as follows:
ACCESSORY USE OR STRUCTURE
A use or structure customarily incidental and subordinate to the principal use or building and, except as otherwise provided, located on the same lot with such principal use or building.
ALTERATION
Any change, rearrangement or addition to, or any relocation of, a building or structure; any modification in construction or equipment.
ATTIC
Any area under a roof, with or without a finished floor, which does not meet other requirements for livable floor area.
AUCTION HOUSE, FLEA MARKET and DEALERS IN SECONDHAND ARTICLES
A place of business where new and used items are offered for sale or auction.
BUILDING
A combination of any materials, whether portable or fixed, intended to be or in an assembled state during at least seven consecutive calendar days or during at least 14 of 90 consecutive calendar days, having a roof affording a shelter to persons, animals, or property but not to include a trailer.
[Amended 11-14-2011 by L.L. No. 12-2011]
BUILDING, COMPLETELY ENCLOSED
A building separated on all sides from the adjacent open area or from other buildings or other structures by a permanent roof and by exterior walls or party walls, pierced only by windows or normal entrance or exit doors.
BUILDING HEIGHT
The vertical distance measured from the average elevation of the proposed finished grade of the building to the highest point of the roof for flat roofs and to the mean height between eaves and ridge of gable, hip, mansard, pitched or gambrel roofs. For the purpose of determining maximum permitted height for principal buildings, such measurement shall be made from the average finished grade at the front setback. For the purpose of side yard or rear yard determination, such measurement shall be made from the average finished grade of the wall extending along such side yard or rear yard.
DWELLING
A building used as the living quarters for one or more families, but not including a building of mixed occupancy.
A. 
A building containing one dwelling unit and designed or used exclusively for occupancy by one family.
B. 
A building containing two dwelling units and designed or used exclusively for occupancy by two families living independently of each other; or two one-family dwellings having a party wall in common.
C. 
A building containing three or more dwelling units and designed or used for occupancy by three or more families living independently of each other.
D. 
A building over 30 feet in height, or more than three stories.
DWELLING GROUP
A group of two or more dwellings located on the same lot and having any yard or open space in common.
DWELLING UNIT
One or more rooms designed for occupancy by one family for cooking, living and sleeping purposes.
ENLARGEMENT
An increase in floor area of an existing building, or an increase in the area of land used for an existing open use.
EXTENSION
An increase in the amount of existing floor area used for an existing use in an existing building.
FAMILY
One or more persons living together in one dwelling unit and maintaining a common household, including domestic servants and gratuitous guests, together with boarders, roomers or lodgers not in excess of the number allowed by this chapter as an accessory use.
GARAGE, ATTACHED
A private garage which is structurally attached to a principal building and which has livable floor area adjoining one or more walls thereof.
GARAGE, PRIVATE
An accessory building or portion of a main building used for the storage of self-propelled vehicles used by the occupants of the premises and which may include space for not more than one passenger vehicle used by others.
GASOLINE SERVICE STATION
Any area of land, including structures thereon, that is used primarily for the sale of gasoline or other motor vehicle fuel; accessory uses may include the sale of oil, other lubricating substances or motor vehicle accessories, or facilities for lubricating, washing, the incidental replacement of parts or motor service to passenger automobiles or trucks not exceeding 1 1/2 tons rated capacity; but shall not include general repair, rebuilding or reconditioning of engines, motor vehicles or trailers or collision service, body repair, frame straightening, painting, undercoating, vehicle steam cleaning or upholstering.
HOME OCCUPATION
Any use customarily conducted entirely within a dwelling and carried on only by the residents thereof, and which use is clearly incidental and secondary to the use of the dwelling for living purposes and does not change the character thereof, provided that:
A. 
Only customary home appliances are used.
B. 
There is no exterior evidence of such home occupation other than permitted identification sign.
C. 
No article is sold or offered for sale except such as may be produced by members of the family residing on the premises.
D. 
Any use first permitted in the C or M Districts shall not be interpreted as being a home occupation.
HOTEL
A building containing sleeping rooms in which lodging is provided primarily for transient guests for compensation and which may include public dining facilities.
JUNK BUSINESS
The maintenance of a place where junk, waste, discarded or salvaged materials are bought, sold, exchanged, sorted, stored, baled, packed, disassembled, handled or abandoned; but not including pawn shops; antique shops; establishment for the sale, purchase or storage of used furniture, household equipment, clothing, used motor vehicles capable of being registered or machinery to be reused for the purpose for which originally manufactured.
KENNEL
The keeping of more than two dogs that are more than six months old.
LOT
A parcel of land occupied or capable of being occupied by a principal building or use, or a group of principal buildings or uses that are united by a common interest or customary accessory buildings or uses, and including such open spaces to be used in connection with such buildings or uses. A "lot" may or may not be a lot of record.
LOT, CORNER
A lot at the junction of and fronting on two or more intersecting streets.
LOT DEPTH
The mean horizontal distance between the front and rear lot lines.
LOT, INTERIOR
A lot other than a corner lot.
LOT LINE, FRONT
Where a lot abuts upon only one street, the lot line along such street shall be the front lot line. Where a lot abuts upon more than one street, the assessment roll of the municipality shall determine the front lot line.
LOT LINE, REAR
Any lot line which is opposite and more or less parallel with the front lot line. In the case of a lot which comes to a point at the rear, the rear lot line shall be an imaginary line, 10 feet in length, entirely within the lot, parallel to and most distant from the front lot line.
LOT LINES
The property lines bounding the lot. Where a lot abuts a street or is partly contained in a street, the lot line shall be deemed to be a line drawn parallel to the center line of the street and 30 feet distant therefrom measured at right angles thereto, but the actual street line shall be construed as the lot line if such street line is established and lies at a greater distance than 30 feet from the center of such street.
LOT LINE, SIDE
Any lot line which is not a front lot line or a rear lot line.
LOT, THROUGH
A lot in which the front lot line and rear lot line abut a street.
LOT WIDTH
The least horizontal distance across the lot between side lot lines, measured at the front setback of a main building erected or to be erected on such lot or at a distance from the front lot line equal to the required depth of the front yard.
MIXED OCCUPANCY
Occupancy of a building in part as the living quarters for one or more families and in part for some other use not accessory thereto. For the purpose of determining off-street parking requirements, that part of such buildings used as living quarters shall be considered as dwellings.
MOTEL
A building or group of buildings, whether detached or in connected units, used as individual sleeping or dwelling units designed primarily for transient automobile travelers and providing accessory off-street parking facilities. The term "motel" includes buildings designated as motor lodges, auto courts and similar appellations.
NONCONFORMING USE
Any lawful building or structure or any lawful use of land, premises, building or structure which does not conform to the regulations of this chapter for the district in which such building, structure or use is located, either on the effective date of this chapter or as a result of subsequent amendments hereto.
NURSING OR CONVALESCENT HOME
Any building where persons are housed or lodged and furnished with meals and nursing care for hire.
PUBLIC GARAGE or REPAIR GARAGE
Any garage, other than a private garage or gasoline service station, which is used for storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles.
REPAIR
Replacement or renewal, excluding additions, of any part of a building, structure, device or equipment with like or similar materials or parts for the purpose of maintenance of such building, structure, device or equipment.
RESERVOIR SPACE
A temporary storage space, exclusive of street area or required parking spaces, for a vehicle waiting for service or admission.
SETBACK
The least horizontal distance from any existing or proposed building or structure to the nearest point in an indicated lot line or street line.
SIGN
Any structure or part thereof or any device attached to, painted on or represented on a building or other structure, upon which is displayed or included any letter, work, model, banner, flag, pennant, insignia, decoration, device or representation used as or which is in the nature of an announcement, direction, advertisement or other attention-directing device. A "sign" shall not include a similar structure or device located within a building except for illuminated signs within show windows. A "sign" includes any billboard, but does not include the flag, pennant or insignia of any nation or association of nations or of any state, City or other political unit or of any political, charitable, educational, philanthropic, civic, professional, religious or like campaign, drive, movement or event.
SIGN, ADVERTISING OR BILLBOARD
A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the same zoning lot.
SIGN, DETACHED
Any portable or temporary sign not permanently affixed to the ground, a building or other permanent fixture on a private parcel of land.
[Added 6-24-2013 by L.L. No. 2-2013]
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 illuminated sign shall be considered a flashing sign.
SIGN, FREESTANDING
Any sign resting upon or attached to the ground by means of an integral base or one or more poles or standards. "Freestanding signs" include both pole signs and ground signs, but shall not include temporary signs.
[Added 6-24-2013 by L.L. No. 2-2013]
SIGN, GROUND
A freestanding sign, as further defined above, and as limited in § 350-35D(3)(c).
[Added 6-24-2013 by L.L. No. 2-2013]
SIGN, ILLUMINATED
Any sign designed to give forth any artificial light or designed to reflect light from one or more sources, natural or artificial.
SIGN, POLE
A freestanding sign, as further defined above, and as limited in § 350-35D(3)(c).
[Added 6-24-2013 by L.L. No. 2-2013]
SIGN, PORTABLE
Any movable (sandwich or teepee) sign, single- or double-sided, equal to or less than 100 pounds in weight.
[Added 6-24-2013 by L.L. No. 2-2013]
SIGN, PROJECTING
Any sign which is attached to the building wall and any part of which extends more than 18 inches from the face of such wall.
[Added 6-24-2013 by L.L. No. 2-2013]
SIGN, TEMPORARY
Any movable (trailered or otherwise) sign, single- or double-sided, more than 100 pounds in weight.
[Added 6-24-2013 by L.L. No. 2-2013]
STORY
That portion of a building between the surface of any finished floor and the surface of the finished floor next above it, or if there be no floor above it, then the space between any floor and the ceiling next above it.
STREET
Any road, avenue, lane, alley or other way which is an existing public way or which is shown on an approved plat, or any private right-of-way or easement approved by the Village Board.
STREET LINE
A line separating a lot from a street. In any case where a future street line has been established or approved by the Village Board, such future street line shall be considered as the street line for the purposes of determining lot area and setback requirements.
STRUCTURAL ALTERATIONS
Any change in the supporting members of a building or other structure, such as bearing walls, columns, beams or girders.
STRUCTURE
Anything constructed or erected which requires permanent location on the ground or attachment to something having such location, but not including a trailer.
TEMPORARY STRUCTURE
An assembly of materials, other than recreational or screen tents where the footprint is 100 square feet or less, intended to form a nonpermanent shelter, building, or enclosure to protect people, products, material, equipment, or inventory.
[Added 10-8-2018 by L.L. No. 6-2018]
TRAILER OR MOBILE HOME
A vehicle used for living or sleeping purposes, standing on wheels or on rigid supports.
USE
The specific purpose for which land or a building is designed, arranged or intended or for which it is or may be occupied or maintained.
YARD
That portion of a lot extending open and unobstructed from the ground upward.
YARD EQUIVALENT, FRONT
That portion of a rear yard of a through lot extending along a street and from the street line for a depth equal to a required front yard. Any front yard equivalent shall be subject to the regulations of this chapter which apply to front yards.
YARD, FRONT
A yard extending between the side lot lines and situated between the street line and the front line of the principal building or use projected to the side lines of the lot.
YARD, REAR
A yard extending between the side lot lines and situated between the rear lot line and the rear line of the principal building or use projected to the side lot lines. On a corner lot, a yard extending between the interior side lot line and exterior side yard and situated between the rear lot line and the rear line of the principal building or use projected to such interior side lot line and exterior side yard.
YARD, REQUIRED
A yard having a depth or width set forth in the applicable district regulations. Such width or depth shall be measured perpendicular to lot lines.
YARD, SIDE
A yard extending between the front yard and the rear yard and situated between the side lot line and the adjacent side line of the principal building or use. On a corner lot where a side lot line abuts a street, a yard extending between the front yard and the rear lot line and situated between the side lot line and the side line of the principal building or use projected to the rear lot line.
A. 
A side yard abutting on a street line.
B. 
A side yard abutting a lot line of an adjoining lot.