For the purposes of this chapter, certain terms are herewith
defined.
A.Â
Except where specifically defined herein, all words used in this
chapter shall carry their customary meanings.
B.Â
Words used in the present tense include the future, and the plural
includes the singular.
C.Â
The word "and" indicates that all connected items, conditions, provisions
or events shall apply.
D.Â
Any word "or" indicates that the connected items, conditions, provisions
or events shall apply singly or in any combination.
E.Â
The term "either ... or" indicates that the connected items, conditions,
provisions or events apply singly and not in any combination.
F.Â
The word "District" includes the plural "Districts."
G.Â
The word "lot" includes "plot" or "parcel."
H.Â
The word "building" includes the word "structure." Any reference
to building or structure also refers to any part of a building or
structure.
I.Â
The word "shall" is intended to be mandatory.
J.Â
The word "may" is intended to be permissive.
K.Â
The words "occupied" or "used" shall be construed to include the
words "or intended, arranged or designed to be used or occupied,"
and the words "occupancy" or "use" shall be construed as similarly
qualified.
L.Â
The word "person" includes "firm," "partnership," "estate," "trust,"
"limited liability company," or "corporation."
As used in this chapter, the following terms shall have the
meanings indicated:
To cease or discontinue a use.
A structure located on the same lot as a principal building
and used for purposes customarily incidental to and subordinate to
the principal structure. The size of the accessory building should
not exceed the square footage of the main dwelling.
A use customarily incidental and subordinate to the main
use or building and located on the same lot therewith; for example,
a storage building.
Whenever used in this chapter, the word "adult use" or "adult
uses" applies to the following types of establishments:
ADULT BOOKSTOREAn establishment which has as a substantial or significant portion of its stock-in-trade, books, pamphlets, magazines and other periodicals, sculptures, photographs, pictures, slides, videotapes, films or sound recordings and which establishment excludes any minor by reason of age.
ADULT ENTERTAINMENT CABARETA public or private nightclub, bar, restaurant or similar establishment which presents topless or bottomless dancers, go-go dancers, strippers, male or female impersonators, exotic dancers or other similar entertainment, and which establishment excludes any minor by reason of age.
ADULT MOTELA motel which excludes minors by reason of age.
ADULT THEATERA theater that customarily presents motion pictures, films, videotapes or slide shows and which excludes minors by reason of age.
ADULT VIDEO STOREAn establishment having as a substantial or significant portion of its stock-in-trade, videotapes or films for sale or viewing on premises by use of motion-picture devices, video equipment or other coin-operated means and which establishment excludes any minor by reason of age.
PEEP SHOWA theater which presents material in the form of live shows, films or videotapes viewed from an enclosure for which a fee is charged and which excludes any minor by reason of age.
ADULT MODEL STUDIOAny establishment where, for any form of consideration or gratuity, figure models are provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by persons, other than the proprietor, paying such consideration or gratuity and which excludes any minor by reason of age. This provision shall not apply to any school of art which is operated by an individual firm, association, partnership, corporation or institution which meets the requirements established in the New York State Education Law for the issuance or conferring of and is in fact authorized to issue or confer a diploma.
MASSAGE ESTABLISHMENTAny establishment having a fixed place of business where massages are administered for pay, including but not limited to massage parlors, sauna baths and steam baths. This definition shall not be construed to include a hospital, nursing home, medical clinic or the office of a physician, surgeon, chiropractor, osteopath or duly licensed physical therapist or duly licensed massage therapist, or barbershops or beauty salons in which massages are administered only to the scalp, face, neck or shoulders. This definition shall also exclude health clubs that have facilities for physical exercise such as tennis courts, racquetball courts or exercise rooms and which do not receive their primary source of revenue through the administration of massages.
BODY-PAINTING STUDIOAn establishment or business which provides the service of applying paint or other substance whether transparent or nontransparent to or on the human body and which excludes minors by reason of age.
Animals customarily found on farms, including horses, cattle,
swine, goats, sheep, mules, donkeys and alpaca, and not including
domestic animals such as dogs and cats.
Farming, production or field crops, dairying, pasturage,
horticulture, floriculture, agriculture, production of maple sap,
tree farms, and animal and poultry husbandry in which the gross annual
sales of such practice is $10,000 or more, or any such minimum dollar
amount as established by Article 25-AA of the New York State Agriculture
and Markets Law, as may be amended or modified from time to time.
The term "agriculture" shall also include necessary accessory uses
for packing, treating, or storing the products; provided, however,
that the operation of any such accessory uses shall be secondary to
that of the normal agricultural activities. Commercial food processing
beyond packaging, such as canning or slaughtering, is not considered
a permitted accessory agricultural use.
Any land used for the purpose of landing, taxiing, taking
off or storing of airplanes or similar aircraft.
As applied to a building, structure, or an existing sign,
a change or rearrangement in the structural parts or in the exit facilities;
or an enlargement, whether by extending on a side or by increasing
in height; or the moving from one location or position to another.
American National Standards Institute.
[Added 5-13-2021 by L.L. No. 2-2021]
A system of electrical conductors that transmits or receives
radio frequency signals. Such signals shall include but not be limited
to radio, television, cellular, paging, personal communications services
(PSC) and microwave communications.
Communications facilities which utilize existing buildings
and structures other than towers, as defined in this chapter, for
supporting antennas. A building-mounted antenna which does not utilize
a building or structure for its primary means of attachment or structural
support will be defined as a "communication tower" as set forth in
this chapter.
Communications facilities which utilize existing towers,
as defined in this chapter, for placement of antenna(s).
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings,
exclusive of uncovered processes, terraces and steps. All dimensions
shall be measured from exterior wall to exterior wall.
The total area within the boundary lines of a lot.
An accessory use conducted either within a single-family
dwelling or in a building accessory to a single-family dwelling by
one or more of its residents. An arts and crafts studio shall house
occupations such as painting, sculpting, ceramic molding, weaving/textiles,
woodworking or jewelry making.
The relationship of any two or more buildings or structures
sharing a common wall or party wall, or joined by a covered porch,
loggia or passageway.
A building used for the repairing or painting of the exterior
and/or the undercarriage of motor vehicle bodies, in conjunction with
which there may be towing services and motor vehicle rentals for customers
while the motor vehicle is under repair.
A retail establishment where motor vehicle fuels and lubricants
are sold to individuals, and which may include an accessory convenience
store.
An establishment where motor vehicle fuels and lubricants
are sold and where repairs, servicing, greasing, and adjusting of
automobiles and other motor vehicles may be performed. All sales and
storage of accessories and repairing and servicing shall be conducted
within a wholly enclosed building. No vehicles will be left on the
premises for more than two weeks. Repair work does not include body
work or painting.
A lot, building or structure where new or used automobiles,
trucks, or motorcycles are available for sale.
A building used to house animals and feed for those animals.
A portion of a building which is partly underground, but
in which more than 1/2 of its height, measured from floor to ceiling,
is below the average finished grade at the point where the grade meets
the exterior walls of the building.
A single cell or a group of cells connected together electrically
in series, in parallel, or a combination of both, which can charge,
discharge, and store energy electrochemically. For the purposes of
this definition, batteries utilized in consumer products are excluded
from these requirements.
[Added 5-13-2021 by L.L. No. 2-2021]
An electronic system that protects energy storage systems
from operating outside their safe operating parameters and disconnects
electrical power to the energy storage system or places it in a safe
condition if potentially hazardous temperatures or other conditions
are detected.
[Added 5-13-2021 by L.L. No. 2-2021]
One or more devices, assembled together, capable of storing
energy in order to supply electrical energy at a future time, not
to include a standalone twelve-volt car battery or an electric motor
vehicle. A battery energy storage system is classified as a Tier 1
or Tier 2 battery energy storage system as follows:
[Added 5-13-2021 by L.L.
No. 2-2021]
Tier 1 battery energy storage systems have an aggregate energy
capacity less than or equal to 600k Wh and, if in a room or enclosed
area, consist of only a single energy storage system technology.
Tier 2 battery energy storage systems have an aggregate energy
capacity greater than 600kWh or are comprised of more than one storage
battery technology in a room or enclosed area.
A single-family dwelling in which the owners thereof provide
overnight accommodations and meals to travelers. A bed-and-breakfast
establishment shall have a maximum of six rooms available for overnight
guests.
A man-made earthen landscape feature created to serve as
a buffer zone or a visual break.
A strip of land used to separate one land use from another
incompatible land use.
The area of a lot that is calculated by subtracting from
the gross area of the parcel the following:
The horizontal area of a lot covered by all buildings, measured
to the outside walls as to be determined by the zoning district/use.
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof for flat roofs; to the deckline of mansard
roofs; and to the mean height between eaves and ridge for gable, hip,
and gambrel roofs. This definition does not apply to church spires,
cell towers, and antennas.
Written approval from the Code Enforcement Official to develop,
construct or alter a structure or building.
Any building or structure not permitted in the district in
which it is built. A legal nonconforming building or structure is
a building or structure that was legally authorized by the ordinances
as they existed at the time it was constructed.
A structure which is devoted to the principal use permitted
to be established on the site. In any residential district, any dwelling
shall be deemed to be a principal building on the lot on which the
same is located.
A building which is accessory to a dwelling unit for the
storage of personal belongings customarily associated with a dwelling.
Private storage buildings shall be accessory uses to dwellings and
shall not be established as principal uses, unless approved by the
Zoning Board of Appeals as regulated in this chapter.
A commercial storage building divided into smaller rental
units for the storage of personal belongings or wares.
A building which is constructed of fabric material or other
material which, due to its material properties, cannot withstand required
structural loads imposed by snow, wind or other live loads, and thus
cannot be utilized continuously due to seasonal changes in the weather.
Buildings of a temporary nature may not be erected, placed or constructed
without a building permit and consistent with the provisions of this
chapter or the minimum provisions of the New York State Uniform Fire
Prevention and Building Code.
A combination of solar panels and solar energy equipment
integrated into any building envelope system such as vertical facades,
semitransparent skylight systems, roofing materials, or shading over
windows, which produce electricity for on-site consumption.
[Added 5-13-2021 by L.L. No. 1-2021]
The storage of chemicals, petroleum products and other materials
in containers for subsequent resale to distributors or retail dealers
or outlets, or for use in manufacturing processes.
A parcel of land used or intended to be used, let or rented
for transient, vacation and recreational occupancy by travel trailers,
campers, tents, recreational vehicles, motor homes and the motor vehicles
propelling or carrying the same, but excluding manufactured homes
designed for year-round occupancy or as a place of residence.
[Amended 12-12-2019 by L.L. No. 3-2019]
Any tent, lean-to, cabin or similar structure, houseboat,
or recreational camping vehicle, excluding manufactured homes, established
or maintained and operated in a campground as temporary living quarters
for recreation, education, or vacation purposes.
Any area of land within a campground intended for the exclusive
occupancy of a single camping unit.
A building or structure, or part thereof, which is not wholly
enclosed and is used for the parking of private passenger vehicles.
The basic electrochemical unit, characterized by an anode
and a cathode, used to receive, store, and deliver electrical energy.
[Added 5-13-2021 by L.L. No. 2-2021]
A permit issued by the Code Enforcement Officer upon completion
of construction, alteration, or change in occupancy or use of a building.
In reference to a land use, means the replacement of an existing
use with a new use, or a change in the nature of an existing use.
A change of ownership, tenancy, name or management, or a change in
product or service within the same use classification where the previous
nature of the use, line of business, or other function is substantially
unchanged is not a change of use.
Buildings, structures and other uses owned and operated by
the Town of Sardinia and regularly used for neighborhood meetings
and other forms of public assembly.
An association catering exclusively to members and their
guests. "Club" shall also mean, where the context requires, premises
owned or occupied by members of such association, within which the
activities of the club are conducted. Such activities shall not be
conducted primarily for gain, except as required generally for the
purposes of such club.
A planned residential development which is arranged in such
manner that arranges lots and/or dwelling units in groups in close
proximity, on smaller lots, with saving in development costs, in exchange
for preservation of natural resources or site features, including
open space.
The administrative officer appointed by the Town Board to
enforce the provisions of the New York State Uniform Fire Prevention
and Building Code and the provisions of this chapter.
Activity carried out for pecuniary gain.
A systematic process that provides documented confirmation
that a battery energy storage system functions according to the intended
design criteria and complies with applicable code requirements.
[Added 5-13-2021 by L.L. No. 2-2021]
The area held, designed or designated for the common use
of the owners or occupants of a townhouse project, planned development,
apartment or condominium, mobile home park or subdivision.
Any interior wall or portion thereof located between adjacent
units or uses provided for the separation of the individual and separate
living or use areas.
Towers and/or antennas and accessory structures used in connection
with the provision of cellular telephone service, personal communications
services, paging services, radio and television broadcast services,
and similar broadcast services.
A plan as defined and adopted in accordance with § 272-a
of the Town Law of the State of New York, and any amendments or master
plans attached thereto by resolution of the Town Board.
A building or group of buildings in which residential, business
or industrial units are owned individually while the structure, common
areas and facilities are owned jointly or by all the owners on a proportional
basis.
Any area used for the outdoor storage of contracting equipment
and building or construction materials.
The County of Erie, New York.
Public libraries, museums, art galleries and other similar
community institutions.
A care facility which provides care, protection and supervision
for a period of less than 24 hours a day on a regular basis, which
supplements care, enrichment and health supervision for the participants
in accordance with their individual needs, and for which a payment,
fee or grant is made for care. Such use shall conform to all requirements
regulating day care of the New York State Office of Children and Family
Services.
[Amended 12-12-2019 by L.L. No. 3-2019]
A building that is built for the primary intention of housing
battery energy storage system equipment, is classified as Group F-1
occupancy as defined in the International Building Code, and complies
with the following:
[Added 5-13-2021 by L.L.
No. 2-2021]
The building's only use is battery energy storage, energy generation,
and other electrical grid-related operations.
No other occupancy types are permitted in the building.
Occupants in the rooms and areas containing battery energy storage
systems are limited to personnel that operate, maintain, service,
test, and repair the battery energy storage system and other energy
systems.
Administrative and support personnel are permitted in areas
within the buildings that do not contain battery energy storage system,
provided the following:
The areas do not occupy more than 10% of the building area of
the story in which they are located.
A means of egress is provided from the administrative and support
use areas to the public way that does not require occupants to traverse
through areas containing battery energy storage systems or other energy
system equipment.
A legal instrument recorded in the County Clerk's office
which transfers with the land and places development restrictions
for a designated purpose on such land in perpetuity.
The number of individual residential units divided by the
buildable land available for residential units in a particular parcel
of land. Expressed as units per acre.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, dredging,
filling, paving, excavation or drilling operations or storage of equipment
or materials.
A place for the boarding of more than four domestic animals
that are more than six months old or a building constructed for the
breeding of canines or other domestic animals less than six months
old, for pecuniary gain.
[Amended 6-9-2011 by L.L.
No. 2-2011]
Any residence/house/apartment that may be occupied or vacant.
[Amended 5-13-2021 by L.L. No. 1-2021]
A residence comprised of a single dwelling unit providing
complete, independent living facilities for one or more persons, including
permanent provisions for living, sleeping, eating, cooking and sanitation.
[Amended 6-9-2011 by L.L.
No. 2-2011]
A residence comprised two single dwelling units providing
complete, independent living facilities for one or more persons, including
permanent provisions for living, sleeping, eating, cooking and sanitation.
The term "duplex" also falls within this definition of two-family
dwelling.
[Added 6-9-2011 by L.L.
No. 2-2011]
A legal instrument recorded in the Erie County Clerk's office
which restricts the developable rights to land for purposes of preserving
the land or a portion of land in an undevelopable state due to its
natural ecological value, including but not limited to prime farmland
soils, federal and state wetlands, water resources, floodplains, and
forest communities.
The New York State Energy Conservation Construction Code
adopted pursuant to Article 11 of the Energy Law, as currently in
effect and as hereafter amended from time to time.
[Added 5-13-2021 by L.L.
No. 2-2021]
Acreage required for compensatory lands based on a one-to-one
ratio when prime farmland soils are developed for nonagricultural
purposes.
The erection, construction, alteration or maintenance by
public utilities, including telecommunications facilities of federally
licensed telecommunications companies, or Town or other governmental
agencies of underground or overhead gas, electrical, or water transmission
or distribution systems, including poles, wires, mains, drains, sewers,
pipes, conduits, cables, fire alarm boxes, police call boxes, traffic
signals, hydrants and other similar equipment, buildings and accessories
in connection therewith, reasonably necessary for the furnishing of
adequate service by such public utilities or Town or other governmental
agencies or for the public health or safety or general welfare.
The radius around a communications tower within which all
portions of the tower and antenna(s) would fall in the event of a
structural failure of the tower.
One or more persons, related by blood, adoption or marriage,
living and cooking together as a single housekeeping unit, or a number
of persons living and cooking together as a single housekeeping unit
though not related by blood, adoption or marriage.
[Added 12-12-2019 by L.L. No. 3-2019]
An establishment in which agricultural products are sold.
Land, designated as "farmland of statewide importance" in
the U.S. Department of Agriculture Natural Resources Conservation
Service's (NRCS) Soil Survey Geographic (SSURGO) Database on Web Soil
Survey that is of statewide importance for the production of food,
feed, fiber, forage, and oilseed crops as determined by the appropriate
state agency or agencies. Farmland of statewide importance may include
tracts of land that have been designated for agriculture by state
law.
[Added 5-13-2021 by L.L. No. 1-2021]
The elevation at which the finished surface of the surrounding
lot meets the walls or supports of a building or structure. If the
finished grade is not reasonably horizontal, the average elevation
of the grade shall be determined using all sides of the structure
for purposes of computing the height of a building or structure.
The fire code section of the New York State Uniform Fire
Prevention and Building Code adopted pursuant to Article 18 of the
Executive Law, as currently in effect and as hereafter amended from
time to time.
[Added 5-13-2021 by L.L.
No. 2-2021]
A building lot which has a narrow frontage, a minimum of
20 feet on a public or private road and which serves as access to
a lot which meets the minimum lot area and lot width requirements,
resembling a lot configuration of a flag.
A flood which has a 1% chance of being equaled or exceeded
in any given year.
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 as determined by the Federal Emergency Management Agency in a Flood Insurance Study or by other agencies as provided in Chapter 63, Flood Damage Prevention, of the Code of the Town of Sardinia.
The total enclosed area of all floors in a building with
a clear height of more than seven feet, measured to the outside surface
of the exterior walls. The term includes loading docks and excludes
atria airspace, parking facilities, driveways, and enclosed loading
berths and off-street maneuvering areas.
A commercial establishment in which food is processed or
otherwise prepared for human consumption, but which is not consumed
on the premises.
The use of land for the purpose of conservation and/or the
growing or the cutting of trees for the purpose of producing commercial
or noncommercial wood products, such as furniture and firewood, but
shall not include the manufacturing or processing of such products
other than the initial harvesting of the wood product.
An accessory building or part of the principal building which
is designed and used primarily for the storage of motor vehicles for
the personal transportation of the occupants of the dwelling unit
with which it is associated.
The effect by reflections of light with intensity sufficient
as determined in a commercially reasonable manner to cause annoyance,
discomfort, or loss in visual performance and visibility in any material
respects.
[Added 5-13-2021 by L.L. No. 1-2021]
The total floor area for which the tenant pays rent and which
is designed for the tenant's occupancy and exclusive use.
A solar energy system that is anchored to the ground via
a pole or other mounting system, detached from any other structure
that generates electricity for on-site or off-site consumption.
[Added 1-12-2017 by L.L.
No. 1-2017; 5-13-2021 by L.L. No. 1-2021]
Chemicals or substances which can cause health or physical
hazards, including but not limited to chemicals or substances which
are toxic, highly toxic, corrosive, flammable, combustible or explosive,
whether usable or in waste form; such term shall include all such
materials as defined in the New York State Fire Code.
Any historic building, structure, facility, site or prehistoric
site that is listed on the State and/or National Register of Historic
Places. Any locally significant historic resource designated pursuant
to Article 5-K of the New York State General Municipal Law is also
included.
The use of portion of a dwelling unit by one or more resident
occupants for purposes which are not clerical in nature and require
the exchange of goods or services from the dwelling unit. Such nonresidential
uses must be clearly incidental and subordinate to the use of the
premises for residential purposes, not exceed 25% of the ground floor
area of the principal structure and shall be permitted only by temporary
permit issued by the Town of Sardinia Zoning Board of Appeals.
The use of a portion of a residential dwelling unit by one
or more resident occupants for purposes of conducting a business which
is clerical in nature and does not require the exchange of tangible
goods within the residence or the receiving of employees or clients
at the residence. Such uses include but are not limited to data processing,
telecommuting, billing services and scheduling services. Service providers
whose service is provided off the residential premises and require
a portion of a dwelling for the clerical portion of their service
business are also included in this definition. Such office shall be
clearly incidental and subordinate to the use of the premises for
residential purposes. The area devoted to the home office shall not
exceed 25% of the ground floor area of the principal structure. It
may be within the principal or accessory structure. Adult uses as
defined by this chapter are not permitted to be home offices.
A contract between a developer and a local governing body,
whereby the developer agrees to provide the community with certain
benefits and mitigate specified impacts of the solar project.
[Added 5-13-2021 by L.L. No. 1-2021]
Any place or storage or deposit whether in connection with
another business or not, where two or more unregistered, old, or secondhand
motor vehicles, no longer intended or in condition for legal use on
the public highways, are held, whether for the purpose of resale of
used parts therefrom, for the purpose of reclaiming for use some of
all of the materials therein, whether metal, glass, fabric, or otherwise,
for the purpose of disposing of the same or for any other purpose;
such term shall include any place of storage or deposit for any such
purposes of used parts or waste materials from motor vehicles which,
taken together, equal in bulk two or more such vehicles.
A solar energy system that is ground-mounted and produces
energy primarily for the purpose of off-site sale or consumption.
[Added 1-12-2017 by L.L.
No. 1-2017]
The manufacture, compounding, assembling or treatment of
articles or merchandise from materials which have been previously
prepared or underwent a chemical transformation or change in composition.
The removal or cutting of logs from harvestable timber for
commercial purposes.
A parcel or piece of land occupied or intended to be occupied
by a principal building or a group of such buildings and accessory
buildings, or utilized for a principal use and uses accessory or incidental
to the operation thereof, together with such open spaces as required
by this Code, and having frontage on a public street.
LOT, CORNERA lot abutting upon two or more streets at their intersection or upon two parts of the same street forming an interior angle of less than 135°. The point of intersection of the street lot lines is the "corner."
LOT, DEPTHThe mean horizontal distance between the front and rear lot lines.
LOT, INTERIORA lot other than a corner lot.
LOT LINESThe lines or series of connecting line segments bounding the lot.
|
For an interior lot, the lot line abutting the street;
For a corner lot, the lot line designated as the front lot line
by a subdivision or parcel map or, if none, the shorter lot line abutting
a street;
For a through lot, the lot line abutting the street that provides
the primary access to the lot.
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT LINE, SIDEAny lot line other than a front or rear lot line. A side lot line separating a lot from a street is called an "exterior lot line."
LOT LINE, STREETA lot line separating the lot from a street.
LOT, THROUGHAn interior lot having frontage on two parallel or approximately parallel streets.
 |
LOT WIDTHThe distance between the two side lot lines measured as the length of a line setback from the front lot line by the minimum front yard permitted in the district.
Any lot which does not conform with the minimum width, depth
and area dimensions specified for the district in which said lot is
located, and the owner(s) of said lot do(es) not own any adjoining
property. A "legal nonconforming lot" is one which complied with the
requirements of this chapter at the time it was created.
A structure transportable in one or more sections that, in
the traveling mode, is eight feet or more in width or 40 feet or more
in length or, when erected on site, is 320 square feet minimum, and
that 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, and includes plumbing, heating,
air-conditioning, and electrical systems contained therein. The term
"manufactured home" shall also include any structure that meets all
the requirements of this definition except the size requirements,
with respect to which the manufacturer voluntarily files a certification
required by the Federal Department of Housing and Urban Development
and complies with the standards established under the National Manufactured
Housing Construction and Safety Act Of 1974,[1] as amended. The term "manufactured home" shall not include
any self-propelled recreational vehicle.
Land on which manufactured homes are located or which is
maintained for use by two or more manufactured homes.
Establishments engaged in the mechanical or chemical transformation
of materials or substances into new products, including the assembling
of component parts, and the blending of materials.
The maximum percentage of a lot to be covered by the combined
footprint of all buildings, structures, and uses.
A building or group of buildings used primarily for living
quarters by persons or families engaged in seasonal farm or other
labor.
Excavation of materials, such as, but not limited to, soil,
clay, gravel, sand, and stone, for purposes of sale or other pecuniary
gain. Excavation of materials for construction activities on premises
shall not be considered mining. However, all such construction activities
shall first be approved by the Town.
A preplanned development consisting of different land uses
which are integrated within a development site. Mixed-use developments
allow for both residential and commercial uses and flexibility in
site configurations in exchange for preservation of unique or critical
site features/natural resources.
A vehicle or trailer designed for temporary dwelling or recreational
purposes, and includes travel trailers, pickup campers, camping trailers,
motor coach homes, converted trucks and buses, boats, and boat trailers.
A dwelling used or designed and which comprises more than
one dwelling unit. Such term includes a two-family dwelling, apartment
building, townhome, patio home and condominium.
A U.S. Department of Labor designation recognizing a private
sector organization to perform certification for certain products
to ensure that they meet the requirements of both the construction
and general industry OSHA electrical standards.
[Added 5-13-2021 by L.L.
No. 2-2021]
Native wildflowers, forbs, and grasses that serve as habitat,
forage, and migratory way stations for pollinators and shall not include
any prohibited or regulated invasive species as determined by the
New York State Department of Environmental Conservation.
[Added 5-13-2021 by L.L. No. 1-2021]
National Electric Code.
[Added 5-13-2021 by L.L.
No. 2-2021]
National Fire Protection Association.
[Added 5-13-2021 by L.L.
No. 2-2021]
All buildings that contain a battery energy storage system
and do not comply with the dedicated-use building requirements.
[Added 5-13-2021 by L.L.
No. 2-2021]
A property that is not affiliated with a solar energy system
project in any contractual manner.
[Added 5-13-2021 by L.L. No. 1-2021]
Any residence located on nonparticipating property.
[Added 5-13-2021 by L.L.
No. 2-2021]
A privately owned school for two or more children ages two
to five which provides instruction as well as child care.
An institution, other than a hospital, in which persons are
lodged and furnished with care rather than diagnoses or treatment.
When a communications facility or other technological innovation
is no longer in use for the original intended purpose or remains unused
for its intended purpose for a period of more than 12 consecutive
months due to a change in technology or by any fault of the facility
owner.
Any building in Occupancy Group A, B, E, I, R, as defined
in the International Building Code, including but not limited to schools,
colleges, daycare facilities, hospitals, correctional facilities,
public libraries, theaters, stadiums, apartments, hotels, and houses
of worship.
[Added 5-13-2021 by L.L.
No. 2-2021]
The configuration and size of land owned by an individual,
groups of individuals, organization, or entity as shown on Tax Map
of the Town of Sardinia at the time of adoption of this chapter.
A tract of land owned by an individual or entity leased or
otherwise controlled by an applicant upon which a solar energy system
is proposed to be constructed.
[Added 5-13-2021 by L.L. No. 1-2021]
An open area of land, other than a street, used for the temporary
parking of two or more vehicles and available for public use whether
free, for compensation or as an accommodation for clients, customers,
or residents, but does not include the storing of impounded or wrecked
vehicles.
An area designated for parking a motor vehicle, exclusive
public rights-of-way, driveways, access aisles, ramps or columns,
or required loading areas.
A property that is being leased for solar usage, or a property
that has an agreement or lease.
[Added 5-13-2021 by L.L. No. 1-2021]
A one- or two-story dwelling that is one of a planned complex
of such, often contiguous, dwellings that border on a patio or courtyard
which share common yards, roads and community facilities. Detached
townhomes which do not share a common party wall with another dwelling
unit or units shall also be defined as "patio homes."
The portion of a street right-of-way not used for a roadway.
A building, such as a church, chapel, temple, synagogue,
or mosque, in which persons regularly assemble for religious worship
and which is maintained and controlled by a religious body organized
to sustain public worship. The building may include such accessory
uses as a nursery school, a school of religious education, or parish
hall.
The Town of Sardinia Planning Board.
A map of a subdivided tract of land showing the boundaries
and location of individual land parcels and roads.
Bees, birds, bats, and other insects or wildlife that pollinate
flowering plants, and includes both wild and managed insects.
[Added 5-13-2021 by L.L. No. 1-2021]
Land, designated as "prime farmland" or "prime farmland where
drained" in the U. S. Department of Agriculture Natural Resources
Conservation Service's (NRCS) Soil Survey Geographic (SSURGO) Database
on Web Soil Survey, that has the best combination of physical and
chemical characteristics for producing food, feed, forage, fiber,
and oilseed crops and is also available for these land uses.
[Added 5-13-2021 by L.L. No. 1-2021]
A structure through which the principal use of the lot on
which it is located is conducted.
Any one or more of the following uses, including grounds
and accessory buildings necessary for their use: playgrounds and recreational
areas; schools; public libraries; fire, ambulance and public safety
buildings; and public meeting halls and community centers.
A Town Hall, police stations, fire stations, library, schools,
playgrounds, Town parks, water and sewer plants and other Town facilities.
Any person, firm corporation or municipal department duly
authorized under public regulations to furnish to the public electricity,
gas, steam, telephone, fiber optics, transportations, water, or sewer.
Any enclosed motor vehicle or trailer used or designed to
be used for recreational travel and temporary living and/or sleeping
purposes, including motor homes, truck, campers, camping trailers,
campers, travel trailers, pop-up trailers, and overnight trailers.
A commercial establishment engaged in selling goods or merchandise
to the general public for personal or household consumption; or providing
retail services or entertainment to the general public, such as eating
and drinking establishments, finance, real estate and insurance, personal
services, amusement and recreational services, health educational
and social services, and not including sales and service for new and
used automobiles, trucks, manufactured homes, boats, recreational
vehicles, farm implements, tree nurseries and other large items stored
outdoors.
An establishment in which horses are boarded and may also
be available for hire. A riding stable may also provide lessons in
riding, handling, training, and care of horses.
A public way for vehicular traffic which affords the principal
means of access to abutting properties.
The property line abutting a public street.
A solar energy system located on the roof of any legally
permitted building or structure that produces electricity for on-site
or off-site consumption.
[Added 1-12-2017 by L.L.
No. 1-2017; amended 5-13-2021 by L.L. No. 1-2021]
A structure designed and used for the reception of television
signals relayed back to earth from a communications satellite.
A nonportable manufacturing facility where logs are sawed,
including the on-site storage of any materials used in the manufacturing
process.
Any road, highway, lane, district or corridor designated
pursuant to Article 49 of the New York State Environmental Conservation
Law.
A facility, either public or private, that provides a curriculum
of elementary and/or secondary academic instruction, including pre-K,
kindergartens, elementary schools, junior high schools and/or high
schools, but not including trade schools or colleges.
A building occupied less than eight months per year and not
meeting the minimum requirements for a dwelling unit, with a minimum
area of 600 square feet. Such term does not include a manufactured
home. All such seasonal cottages must meet the minimum requirements
of the Erie County Health Department for water and sanitary facilities.
State Environmental Quality Review Act.
The least horizontal distance from any building to the nearest
street or highway right-of-way or property line.
An independent, single-family dwelling unit with a common
or party wall between adjacent units and each having a private outside
entrance.
Any area of land to be used, developed, or built upon as
a unit.
A scale drawing showing the relationship between the lot
lines and building or structures existing or proposed on a lot, including
such details as parking areas, access points, landscaped areas, building
areas, setbacks from lot lines, building heights, and densities.
Space open to the sun and clear of overhangs or shade so
as to permit the use of active and/or passive solar energy systems
on individual properties.
[Added 5-13-2021 by L.L. No. 1-2021]
Electrical material, hardware, inverters, conduit, storage
devices, or other electrical and photovoltaic equipment associated
with the production of electricity.
[Added 1-12-2017 by L.L.
No. 1-2017; amended 5-13-2021 by L.L. No. 1-2021]
The components and subsystems required to convert solar energy
into electric energy suitable for use. The term includes, but is not
limited to, solar panels and solar energy equipment. A solar energy
system in the Town of Sardinia is classified as a Tier 1, Tier 2,
Tier 3 or Tier 4 solar energy system as follows.
[Added 1-12-2017 by L.L.
No. 1-2017; amended 5-13-2021 by L.L. No. 1-2021]
Tier 2 solar energy systems include ground-mounted solar energy
systems less than 4,000 square feet in size (defined as the actual
square footage of panels) and that generate no more than 110% of the
electricity consumed on the site over the previous 12 months.
Tier 3 solar energy systems are systems that do not meet the
definition of a Tier 1 or Tier 2 solar energy systems and do not meet
the requirements of a Tier 4 solar energy system.
Tier 4 solar energy systems meet the definition of a Tier 3
solar energy system but are over 50 acres in size (defined as the
fenced in area that encloses the panels and other related solar energy
equipment).
A photovoltaic device capable of collecting and converting
solar energy into electricity.
[Added 1-12-2017 by L.L.
No. 1-2017; amended 5-13-2021 by L.L. No. 1-2021]
A detached accessory building on a residential lot used for
the keeping of horses, mules, donkeys, or ponies, owned by the occupants
of the premises and not kept for remuneration or hire.
A device that stores energy and makes it available in an
electrical form.
[Added 5-13-2021 by L.L. No. 1-2021]
That portion of a building included between the upper surface
of a floor and the upper surface of the floor or roof next above.
It is measured as the vertical distance from the top to top of two
successive tiers of beams or finished floor surfaces and, for the
topmost story, from the top floor finish to the top of the ceiling
joists, or where there is not a ceiling, to the top of the roof rafters;
such definition shall be consistent with the New York State Uniform
Fire Prevention and Building Code.
Any change in the supporting members of a building or other
structure, such as, but not limited to, bearing walls, columns, beams,
or girders.
Anything constructed, the use of which requires permanent
or temporary location on the ground or attachment to something having
permanent or temporary location on the ground, including but not limited
to stationary and portable carports, sheds, decks, towers, and structures
of a similar nature, swimming pools, both in-ground and aboveground,
flagpoles and antennas. Excludes patios, walkways and pavements at
ground level.
The division or splitting of a parcel or tract of land into
two or more parts from an original parcel or tract of land.
A structure designed to support antennas. It includes, without
limit, freestanding towers, guyed towers, monopoles, and similar structures
which do or which do not employ camouflage technology.
The Town of Sardinia, New York.
The attorney hired by the Town Board as Town Attorney, or
attorneys hired as the attorneys for the Town, or any attorneys hired
by the Town Board to serve as outside counsel for any matter relevant
to this chapter.
The Town Board of the Town of Sardinia.
A building or dwelling designed for or occupied by no more
than one family and attached to other similar buildings or dwellings
by party walls extending from the foundation to the roof thereof and
providing direct access from the outside. A townhouse is individually
owned, with an owner receiving a deed enabling him/her to sell, mortgage
or exchange his/her dwelling unit independent of the owners of any
other dwelling unit attached thereto by party wall.
The sale of future development rights to land for the purpose
of preserving natural features of land or a portion of land in an
undevelopable state due to its natural ecological value, including
but not limited to prime farmland soils, federal and state wetlands,
water resources, floodplains, and forest communities.
Underwriters Laboratory, an accredited standards developer
in the US.
[Added 5-13-2021 by L.L.
No. 2-2021]
The New York State Uniform Fire Prevention and Building Code
adopted pursuant to Article 18 of the Executive Law, as currently
in effect and as hereafter amended from time to time.
[Added 5-13-2021 by L.L.
No. 2-2021]
The conduct of an activity, or a performance of a function,
on a site or in a building or structure.
Any use not permitted in the district in which it is occurring.
A "legal nonconforming use" is a use that was legally authorized by
this chapter as it existed at the time the use commenced.
A use of property allowed by this chapter, after compliance
with all relevant provisions of the Town Code.
The primary function of a site, building, or facility.
A use which, because of its unique characteristics, requires
individual consideration in each case by the Town Board or the Zoning
Board of Appeals as applicable, before it may be permitted in the
district enumerated in this chapter.
A building or part thereof used by veterinarians primarily
for the purposes of consultation, diagnosis, and office treatment
of household pets or livestock, but shall not include long-term boarding
facilities for animals.
Terminal facilities for handling freight, with or without
maintenance facilities, and buildings used primarily for the storage
of goods and materials for future distribution.
A commercial establishment where pieces of metal are welded
and/or fabricated.
Any areas designated as such by the NYS Department of Environmental
Conservation or the US Army Corps of Engineers.
[Added 5-13-2021 by L.L. No. 1-2021]
The sale of personal property belonging to the occupants
of the dwelling unit on which premises the sale is conducted. No more
than three yard sales may be conducted on the same parcel in any one
calendar year and each sale not to exceed more than four days.
Any open space which lies between the principal building
or group of buildings and the nearest lot line and is unoccupied and
unobstructed from the ground upward, except as herein permitted (see
Schedule of Yard, Bulk, Lot Area and Heights[2] for minimum required yard distances).
YARD, FRONTA minimum required open space which lies between the principal building or group of buildings and the front lot line, unoccupied and unobstructed from the ground upward. In case of a corner lot or a through lot, the front yard requirements shall apply to yards fronting on any street.
YARD, REARA minimum required open space extending the full width of the lot between a principal building and the rear lot line, unoccupied and unobstructed from the ground upward.
YARD, SIDEA minimum required open space extending from the required front yard to the rear yard between a principal building and the nearest side lot line, unoccupied and unobstructed from the ground upward.
EXTERIOR SIDE YARDA minimum required open space extending from the principal building to the exterior lot line facing a side street. Said required yard shall be equivalent to the minimum required front yard.
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The Zoning Board of Appeals of the Town of Sardinia.
