For the purpose of this chapter, certain terms or words used
herein shall be interpreted or defined as follows:
ACCESSORY
The term applied to a building, structure, or use (except
for accessory dwelling unit) that:
A.
Is customarily incidental and subordinate to and serves a principal
building or use;
B.
Is subordinate in area, extent, or purpose to the principal
building or use served;
C.
Contributes to the comfort, convenience, or necessity of occupants
of the principal building or use; and
D.
Is located on the same parcel as the principal building or use.
ACCESSORY DWELLING UNIT
A second subordinate dwelling unit that is:
A.
Contained within the existing primary single-family dwelling
unit;
B.
An addition to the existing primary single-family dwelling unit;
C.
An adaptive reuse of an existing permanent detached accessory
structure such as a barn, carriage house, or garage on the same parcel
as the primary dwelling unit; or
D.
Designed into new construction of a single-family dwelling unit.
ADULT BOOKSTORE
An establishment having as a substantial or significant portion
of its stock-in-trade books, magazines, films for sale or viewing
on premises, by use of motion picture devices or any other coin-operated
means, and other periodicals which are distinguished or characterized
by their emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas or an establishment
with a segment or section devoted to the sale or display of such material.
ADULT ENTERTAINMENT ESTABLISHMENT
A public or private establishment, whether licensed or not
to serve food and/or alcoholic beverages, which features topless dancers,
strippers, or similar entertainment.
[Amended 1-17-2023 by L.L. No. 2-2023]
ADULT MINI-MOTION PICTURE THEATER
An enclosed building with a capacity of less than 50 persons
used for presenting material distinguished or characterized by an
emphasis on matters depicting, describing or relating to specified
sexual activities or specified anatomical areas for observation by
patrons therein.
ADULT MOTION PICTURE THEATER
An enclosed building with a capacity of 50 or more persons
used regularly and routinely for presenting material having as a dominant
theme material distinguished or characterized by an emphasis on matter
depicting, describing or relating to specified sexual activities or
specified anatomical areas for observation by patrons therein.
AGRICULTURAL ACTIVITY
The activity of an active farm, including grazing and watering
livestock, irrigating crops, harvesting crops, using land for growing
agricultural products, and cutting timber for sale, but shall not
include the operation of a dude ranch or similar operation, or the
construction of new structures associated with agricultural activities.
AGRICULTURAL DISTRICT
"Agricultural district" as defined in Article 25AA of the
New York State Agriculture and Markets Law.
ALTERATION
Any change, rearrangement or addition to or any relocation
of a building or structure; any modification in construction or equipment.
APPLICANT
A property owner or agent of a property owner who has filed
an application for a land development activity as defined herein.
APPROVAL
Favorable decision to an application that indicates acceptance
and the terms of the application, as written or modified, are satisfactory.
Includes both approval and approval with conditions.
ARCHITECTURAL FEATURE
Any portion of the outer surface of a structure, including
the kind, color and texture of the building material, the type and
style of all windows, doors, lights, signs, walls, fences, awnings,
canopies, screens, sculptures, decoration, roof shape and materials,
and other fixtures appurtenant to a structure. Also referred to as
"architectural detail."
AREA VARIANCE
The authorization by the Zoning Board of Appeals for the
use of land in a manner which is not allowed by the dimensional or
physical requirements of the applicable zoning regulations.
AWNING
A permanent overhanging shelter which projects from the face
of a building.
BED-AND-BREAKFAST
An owner-occupied residence wherein lodging and/or meals
are provided to transient guests for compensation. This definition
shall also include, but not be limited to, short-term rentals known
commercially as Airbnbs, VRBOs, etc.
BERM
A man-made earthen mound (usually from two to six feet in
height) designed to provide visual interest on a site, screen undesirable
views, reduce noise, or fulfill other such purposes.
BLOCK
The length of a street between two intersections or between
an intersection and its termination.
BREWERY
An enclosed building for the manufacture, processing, bottling,
and packaging of malt liquors, such as beer, ale, or ciders, but not
to include distilled liquors.
BUFFER
A unit of land, together with a specified type and amount
of planting and/or fencing thereon, which may be required to eliminate
or minimize conflicts between land uses. Also referred to as "screening."
BUILDING
A combination of any materials, whether portable or fixed,
having a roof, to form a structure affording shelter for persons,
animals or property. The word "building" shall be construed, when
used herein, as though followed by the words "or part or parts thereof,"
unless the context clearly requires a different meaning.
BUILDING HEIGHT
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point on the roof for flat roofs, to the deck line of mansard
(a roof with a double pitch on all sides) roofs and to the mean height
between the eaves and ridge for gable, hip and gambrel roofs.
BULK
The size and scale of buildings and non-building uses and
the physical relationship of their size and scale in relation to the
lot on which they are located. Bulk requirements include building
height, building footprint, and lot coverage.
CALIPER
The measurement of the size in inches of the diameter of
small trees (under six inches), usually measured at six inches above
grade. Trees greater than six inches in diameter are measured 12 inches
above the ground. This measurement is generally used for tree-planting
measurement applications.
CHANNEL
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
CHARACTER
The atmosphere or physical environment that is created by
the combination of land use and buildings within an area. "Character"
is established and influenced by land use types and intensity, traffic
generation and also by the location, size and design of structures
as well as the interrelationship of all these features.
CLEARING
Any activity that removes the vegetative surface cover.
COMMERCIAL MESSAGE
Any message where the primary purpose of such is the commercial
advertisement or promotion of a commercial product, event, or service
(including content on an Internet website operated for a commercial
purpose).
COMMERCIAL USE
An occupation, employment, enterprise or establishment that
is conducted for profit by the owner, lessee or licensee. This shall
include but not be limited to retail, wholesale, business, administrative
and other activities.
COMPATIBLE
A.
Having a pleasing or congruent arrangement of elements in the
design and/or appearance between two or more attributes of a structure;
B.
Having a pleasing or congruent arrangement of elements in the
design and/or appearance between two or more structures;
C.
Having a pleasing or congruent arrangement of elements in the
design and/or appearance between two or more attributes of a neighborhood;
and/or
D.
Having a pleasing or congruent arrangement of elements in the
use or function between two or more attributes of a neighborhood or
area.
CORNICE
Any horizontal decorative molding that crowns a building,
such as the top edge of a facade or over an external door or window.
DEDICATION
The deliberate appropriation of property by its owner for
general public use.
DESIGN MANUAL
The New York State Stormwater Management Design Manual (New
York State Department of Environmental Conservation), most recent
version or its successor, including applicable updates, which serves
as the official guide for stormwater management principles, methods
and practices.
DEVELOPER
A person who undertakes land development activities.
DEVELOPMENT
Any man-made changes to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations,
excluding normal maintenance of farm roads and agricultural practices.
DISTILLERY
An enclosed building for the manufacture, processing, bottling,
and packaging of distilled liquors, such as vodka, gin, whiskey, or
tequila.
DRIVE-THROUGH ESTABLISHMENT
An establishment wherein the sale of goods or delivery of
services is provided directly to patrons while seated in motor vehicles
located on the premises.
DWELLING
A building used as the living quarters for one or more families.
A.
DWELLING UNITOne or more rooms designed for occupancy by one family for cooking, living and sleeping purposes.
B.
SINGLE-FAMILY DWELLINGA building containing one dwelling unit and designed or used exclusively for occupancy by one family.
C.
TWO-FAMILY DWELLINGA building containing two dwelling units and designed or used exclusively for occupancy for two families living independently of each other; or two single-family dwellings having a party wall in common.
D.
MULTIFAMILY DWELLINGA building or portion thereof containing three or more dwelling units and designed or used for occupancy by three or more families living independently of each other.
F.
DWELLING GROUPA group of two or more dwellings located on the same lot and having any yard or open space in common.
ENTERTAINMENT, INDOOR
Establishments providing amusement and/or entertainment services
for a fee or admission charge within an entirely enclosed structure.
This shall include, but is not limited to, movie theaters, concert
halls, auditoriums, arcades, or escape rooms.
ENTERTAINMENT, OUTDOOR
Establishments providing amusement and/or entertainment services
for a fee or admission charge within an open or partially enclosed
structure. This shall include, but is not limited to, amphitheaters,
concert venues, pavilions, or play grounds.
EROSION CONTROL MANUAL
The New York Standards and Specifications for Erosion and
Sediment Control (Empire State Chapter of the Soil and Water Conservation
Society, 2004), most current version or its successor, commonly known
as the "Blue Book."
FACADE
The face of a building.
FACADE, PRIMARY OR FRONT
The principal face of a building that looks onto a street,
right-of-way, or open space. Buildings on corner lots shall be considered
to have two primary or front facades.
FAMILY
One or more persons living together in one dwelling unit
and maintaining a common household, including domestic servants and
gratuitous guests.
FAMILY DAY-CARE HOME
A program caring for children for more than three hours per
day per child in which child day-care is provided in a family home
for three to six children and as licensed and regulated by New York
State.
FRONTAGE
The extent of a building or a lot abutting a street or right-of-way.
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, including space for not more than one passenger vehicle
used by others.
GASOLINE SERVICE STATION
Any land, including structures thereon, that is used for
the sale of, among other products, gasoline or other motor vehicle
fuel and oil or other lubricating substances, including any sale of
motor vehicle accessories, and which may or may not include facilities
for lubricating, washing of or otherwise servicing motor vehicles,
but not including the painting thereof by any means.
GRADING
Excavation or fill of material, including the resulting conditions
thereof.
HABITAT
The arrangement of food, water, shelter or cover and space
necessary for the existence of wildlife.
HOTEL or INN
A building containing sleeping rooms in which lodging is
provided and offered to the public for compensation. Generally the
entrances to such sleeping rooms are located internally to the primary
structure. A hotel or inn may also include incidental uses such as
meeting rooms, restaurants, etc.
IMPERVIOUS COVER
Those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snow melt and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc.).
INDUSTRIAL STORMWATER PERMIT
A State Pollutant Discharge Elimination System (SPDES) permit
issued to a commercial industry or group of industries which regulates
the pollutant levels associated with industrial stormwater discharges
or specifies on-site pollution control strategies.
INFILTRATION
The process of percolating stormwater into the subsoil.
JURISDICTIONAL WETLAND
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support a prevalence
of vegetation typically adapted for life in saturated soil conditions,
commonly known as "hydrophytic vegetation."
KENNEL
The keeping of three or more dogs, cats, or other similar
domesticated animals that are more than six months old as part of
a commercial operation.
LAND DEVELOPMENT ACTIVITY
Construction activity including clearing, grading, excavating,
soil disturbance or placement of fill that results in land disturbance
of equal to or greater than one acre, or activities disturbing less
than one acre of total land area that is part of a larger common plan
of development or sale disturbing one acre or more in the aggregate,
even though multiple separate and distinct land development activities
may take place at different times on different schedules.
LANDOWNER
The legal or beneficial owner of land, including those holding
the right to purchase or lease the land, or any other person holding
proprietary rights in the land.
LANDSCAPED AREA
The area required or permitted under this article to be devoted
to landscaping and environmental improvement, which may include existing
and new vegetation, planting beds and berms.
LANDSCAPING
The use of natural plant materials including, but not limited
to, ground covers, shrubs, and trees. Landscaping also involves the
placement, preservation and maintenance of said plant materials in
conjunction with associated improvements such as fences, walls, lighting,
earth mounding and structures (principal or accessory).
LOT
A parcel of land occupied or capable of being occupied by
one building or a group of buildings, and the accessory buildings
or uses customarily incident thereto, including such open spaces as
are required by this chapter, but not including any portion between
the center line of a street and the street line.
LOT DEPTH
The mean horizontal distance between the front and rear lot
lines.
LOT LINES
The property lines bounding the lot. Where any property line
parallels a street and is not coincident with the street line, the
street line shall be construed as the property line for the purpose
of complying with the area and setback regulations of this chapter.
In the case of a lot abutting on more than one street, the owner may
elect any street line as the front lot line.
LOT WIDTH
The least horizontal distance across the lot between the
side lot lines, measured at the front 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.
MAINTENANCE AGREEMENT
A legally recorded document that acts as a property deed
restriction, and which provides for long-term maintenance of stormwater
management practices.
MOBILE HOME
A single-family or individual dwelling, designed for transportation,
after fabrication, on streets and highways on its own wheels to a
site where it is to be occupied as a dwelling, complete and ready
for occupancy except for minor and incidental unpacking and assembly
operations, location on jacks or permanent foundation and connected
to utilities.
MOBILE HOME LOT
A designated site within a mobile home park for the exclusive
use of occupants of a single motor home.
MOBILE HOME PARK
Any area for which a special use permit has been issued pursuant
hereto for exclusive use of mobile homes and attendant structures.
[Amended 5-4-2020 by L.L. No. 2-2020]
MOTEL
A building providing transient lodging where individual unit
entrances are located with direct access to the exterior of the primary
structure. A motel may also include incidental uses such as meeting
rooms, restaurants, etc.
MOTOR VEHICLE (also AUTOMOBILE)
A.
Every vehicle operated or driven which is propelled by power
other than muscular power, except:
(1)
Electrically driven mobility devices operated or driven by a
person with a disability.
(2)
Vehicles which run on rails or tracks.
B.
For the purposes of this chapter, the term "motor vehicle" shall
include farm tractors, excluding self-propelled machines used exclusively
for growing and harvesting of farm produce, and self-propelled caterpillars
and crawler-type equipment being operated on a contract site.
NONCONFORMING
Any lawful use of land, premises, or buildings or building
or structures which do not conform to the regulations of this chapter
for the district in which such use or building is located, either
at the effective date of this chapter or as a result of subsequent
amendments thereto.
NONPOINT SOURCE POLLUTION
Pollution from any source other than from any discernible,
confined, and discrete conveyances, and shall include, but not be
limited to, pollutants from agricultural, silvicultural, mining, construction,
subsurface disposal and urban runoff sources.
NONRESIDENTIAL
All uses of land and buildings except single-family and two-family
dwellings.
PARAPET WALL
That portion of a building wall that rises above the level
of the roof.
PARKING AREA
An off-street area containing one or more parking spaces,
with passageways and driveways appurtenant thereto, as required by
this chapter. This shall also include loading areas.
PARKING SPACE
An off-street space used for the temporary location of one
licensed motor vehicle, not including access driveway(s).
PEDESTRIAN-ORIENTED
Refers to a pedestrian-friendly design policy providing clear,
comfortable pedestrian access to residential and nonresidential areas
as well as providing for the construction of buildings, sites, and
amenities to be human-scaled, purposefully engaging and accommodating
pedestrians.
PERSON
Any person, firm, partnership, corporation, association or
legal representative, acting individually or jointly.
PERSONAL SERVICE ESTABLISHMENT
A retail business providing personal services, including,
but not limited to, hair cutting, manicures, pedicures, acupuncture,
tattoos, piercings and massage therapists licensed to practice by
the State of New York.
POLLUTANT OF CONCERN
Sediment or a water quality measurement that addresses sediment
(such as total suspended solids, turbidity or siltation) and any other
pollutant that has been identified as a cause of impairment of any
water body that will receive a discharge from the land development
activity.
PROJECT
A land development activity.
PUBLIC RIGHT-OF-WAY
Existing land owned by the Village of East Aurora, or other
government entity, for use as a street or other public purpose.
RECHARGE
The replenishment of underground water reserves.
RECREATION, INDOOR
An establishment providing for recreational activities in
a completely enclosed structure. Accessory uses may be permitted to
include the preparation and serving of food and/or the sale of equipment
related to the enclosed recreational uses. Included in this definition
shall be indoor ice rinks, pools, fields, courts, or other such facilities
or arenas where patrons are engaged in and/or spectating sport or
game activities.
RECREATION, OUTDOOR
An establishment providing for recreational activities in
an open or partially enclosed structure. Accessory uses may be permitted
to include the preparation and serving of food and/or the sale of
equipment related to the recreational uses. Included in this definition
shall be outdoor ice rinks, pools, fields, courts, or other such facilities
or arenas where patrons are engaged in and/or spectating sport or
game activities.
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.
REPAIR GARAGE
Any garage, other than a private garage, which is used for
storage, repair, rental, greasing, washing, servicing, adjusting or
equipping of automobiles or other motor vehicles.
RESIDENTIAL RENTALS
A.
"Long-term rental" is for a period of one month or more where
the tenant is leasing a unit as a primary residence.
B.
"Short-term rental": see "bed-and-breakfast" definition.
RESTAURANT
An establishment where food and/or beverages, whether or
not alcoholic, are sold to the public for consumption on the premises.
Such establishment must have a full kitchen and menu as required by
the New York State Liquor Authority when the sale of beer, wine, and/or
liquor is provided.
RESTAURANT, TAKE-OUT
A restaurant where the food and/or beverages sold to the
public are prepared and purveyed in a manner designed to encourage
the purchaser to carry said food and beverages from the premises for
consumption. Some seating, chairs, counters, or tables may be provided
for use by patrons, but shall not be the primary use of floor area.
SATELLITE ANTENNA STRUCTURE
The support, attachments, column, masts and foundation to
which communication satellite-antenna equipment is fastened or attached.
SATELLITE SIGNAL
A satellite signal which is viewed on a conventional television
set and is at least equal to that received from local commercial television
or by way of cable television systems.
SEQR(A)
The New York State Environmental Quality Review Act.
SETBACK
The horizontal distance from any building or from a specific
building to the nearest point on an indicated lot line or street line.
SIGN
Any object, device, display or structure, or part thereof,
visible from the public right-of-way and/or located no more than one
foot inside a window that is used to advertise, identify, display,
direct or attract attention to an object, person, institution, organization,
business, product, service, event or location by any means, including
but not limited to words, letters, figures, designs, symbols, fixtures,
colors, illumination or project images. "Signs" shall also include
all sign structures. A sign for the purposes of this chapter does
not include the following:
A.
A flag or emblem of any nation, organization of nations, state
or city, or any fraternal, religious or civic organization;
B.
Merchandise, pictures or models of products or services incorporated
in a window display;
C.
Official notices issued by any court or public office or officer
in the performance of a public or official duty;
D.
Traffic control signs as defined in the New York State Vehicle
and Traffic Law; and
E.
Works of art, including murals, that do not contain any commercial
message, logo, graphic, or trademark.
SIGN TYPE
The design and/or structure of a sign as identified below:
A.
AWNING SIGNA sign that is part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor area.
B.
BANNERA temporary sign composed of lightweight canvas-like material, which can be attached to a structure or suspended by attachment at each end.
C.
BILLBOARDAn off-premises sign designed to be viewed from streets, roads, and/or highways and meeting industry standards for design and construction.
D.
DIRECTIONAL SIGNAny sign that is designed and erected for the purpose of traffic or pedestrian direction or control. Such a sign shall not carry a commercial message.
E.
FREESTANDING SIGNA sign not attached to, dependent upon, or supported by a building, including ground signs, pedestal signs, and portable signs.
F.
GROUND SIGNA sign not attached to any building or structure, which may be supported by one or two columns or posts provided the distance between the ground and bottommost edge of the sign is no greater than three feet.
G.
INCIDENTAL SIGNA sign containing no commercial message and typically erected to identify ancillary property information such as restrooms, entrances, exits, hours and days of operation, or emergency or contact information. These examples are not given by way of limitation.
H.
LAWN SIGNA sign not exceeding three feet in height and six feet in area constructed of materials not intended for permanent installation that are attached to single or multiple posts for support and stuck into the ground. The height of a lawn sign shall include any posts or supports. Political campaigns, garage sales, and charitable events, for example, are often advertised with lawn signs.
I.
MARQUEE SIGNA permanent sign that extends from and across part or all of a building edifice and is constructed of durable materials including metal, glass or plastic and upon which a changeable message may be placed.
J.
OBSOLETE SIGNA sign that is no longer relevant to its original intended purpose, i.e., such sign no longer advertises or identifies an open business, product sold, or event to be held.
K.
OFF-PREMISES SIGNA sign that directs attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location other than where such sign is located. This shall not include billboards.
L.
ROOF SIGNAny sign erected upon, against or directly above a roof or on top of or above the parapet of a building.
M.
PEDESTAL SIGN A sign not attached to any building or structure and which is supported by one or two columns or posts with a distance exceeding seven feet between the ground and the bottommost edge of the sign.
N.
PORTABLE SIGNA sign not permanently attached to the ground or a building, and easily removable using ordinary hand tools.
O.
PROJECTING SIGNA sign wholly or partly dependent upon a building or structure for support which projects more than 12 inches but less than 36 inches from the facade.
P.
SANDWICH BOARD SIGNA freestanding sign that is comprised of two sign faces diverging at a forty-five-degree angle from their adjoined edge.
Q.
SUSPENDED SIGNA sign attached to and supported by the underside of a horizontal plane.
R.
TEMPORARY SIGNA sign which is not intended to be used for a period of time exceeding 30 days and is not attached to a building, structure, or ground in a permanent manner, such signs usually being constructed of poster board, cardboard, masonite, plywood, or plastic material and mounted to wood, metal, wire or rope frames or supports.
S.
WALL SIGNAny sign fastened to a building or structure that does not project more than 12 inches from the facade.
T.
WINDOW SIGNA sign which is applied or attached to the exterior or interior of a window or is installed inside of a window within 12 inches of the window through which it can be seen.
SPECIAL USE PERMIT
An authorization of a particular land use which is permitted
in this chapter subject to requirements imposed by such permitted
use to assure that the proposed use is in harmony with this chapter
and will not adversely affect the neighborhood if such requirements
are met.
SPECIFIED ANATOMICAL AREAS
A.
Less than completely and opaquely covered human genitals, pubic
region or female breast below a point immediately above the top of
the areola.
B.
Human male genitals in discernibly turgid state, even if completely
and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
A.
Human genitals in a state of sexual stimulation or arousal.
B.
Acts of human masturbation, sexual intercourse or sodomy.
C.
Fondling, massaging or other erotic touching of human genitals,
pubic region, buttock or female breast.
SPECIMEN TREE
Any tree that is determined to have a good chance of survival
and that possesses qualities that are beneficial to wildlife, regardless
of size. Two distinct forms of specimens are included: "ornamental
specimen" is a perfect example of a genus, and "mercantile specimen"
is a valuable wood type with commercial value.
STABILIZATION
The use of practices that prevent exposed soil from eroding.
STOP-WORK ORDER
An order issued which requires that all construction activity
on a site be stopped.
STORMWATER
Rainwater, surface runoff, snowmelt and drainage.
STORMWATER HOTSPOT
A land use or activity that generates higher concentrations
of hydrocarbons, trace metals or toxicants than are found in typical
stormwater runoff, based on monitoring studies.
STORMWATER MANAGEMENT
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff and mitigate its adverse impacts
on property, natural resources and the environment.
STORMWATER MANAGEMENT FACILITY
One or a series of stormwater management practices installed,
stabilized and operating for the purpose of controlling stormwater
runoff.
STORMWATER MANAGEMENT OFFICER (SMO)
An employee or officer of the Village of East Aurora designated
by the Village Board to accept and review stormwater pollution prevention
plans (SWPPPs), forward the plans to such agency or board of the Village
of East Aurora which may be reviewing any application for a land development
activity requiring submission of a SWPPP, and inspect stormwater management
practices.
STORMWATER MANAGEMENT PRACTICES (SMPs)
Measures, either structural or nonstructural, that are determined
to be the most effective, practical means of preventing flood damage
and preventing or reducing point source or nonpoint source pollution
inputs to stormwater runoff and water bodies.
STORY
That portion of a building between the surface of any floor
and the surface of the floor next above it, or, if there is no floor
above it, then the space between any floor and the ceiling next above
it. A basement shall be counted as a story for the purpose of height
measurement, if the ceiling is more than five feet above the average
adjoining ground level or if it is used for business or dwelling purposes.
A half-story is a story under a sloping roof having a ceiling height
of seven feet or more for not more than 1/2 the floor area of the
uppermost full story in the building.
STREET
Any right-of-way for a public street or any approved private
right-of-way.
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.
SURFACE WATERS OF THE STATE OF NEW YORK
Lakes, bays, sounds, ponds, impounding reservoirs, springs,
wells, rivers, streams, creeks, estuaries, marshes, inlets, canals,
the Atlantic Ocean within the territorial seas of the State of New
York and all other bodies of surface water, natural or artificial,
inland or coastal, fresh or salt, public or private (except those
private waters that do not combine or effect a junction with natural
surface or underground waters), which are wholly or partially within
or bordering the state or within its jurisdiction. Storm sewers and
waste treatment systems, including treatment ponds or lagoons which
also meet the criteria of this definition, are not waters of the state.
This exclusion applies only to man-made bodies of water which neither
were originally created in waters of the state (such as a disposal
area in wetlands) nor resulted from impoundment of waters of the state.
TAVERN
An establishment where beverages, beer, wine, and/or liquor
are sold to the public for consumption on the premises. Such a use
shall include a minimum food preparation area and menu that satisfies
the New York State Liquor Authority's minimum food requirement, where
applicable. Also referred to as a bar, pub, tasting room or any establishment
of similar nature.
TEMPORARY USE PERMIT
A temporary outdoor use or special event that extends beyond
the normal uses and standards allowed by this chapter.
TOWNHOUSE
A multifamily dwelling containing attached or partially attached
dwelling units which have individual exterior entrances and are constructed
in such a manner that no dwelling unit is located above or below another
dwelling unit.
USE
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
The term "permitted use" or the equivalent shall not be deemed to
include any nonconforming use.
USE VARIANCE
The authorization by the Zoning Board of Appeals for the
use of land for a purpose which is otherwise not allowed or is prohibited
by the applicable zoning regulations.
VILLAGE BOARD
The Board of Trustees of the Village of East Aurora, New
York.
WATERCOURSE
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
WATERWAY
A channel that directs surface runoff to a watercourse or
to the public storm drain.
YARD
A.
FRONTAn open space extending the full width of the lot between the main building and the front lot line, unoccupied and unobstructed by buildings, the depth of which shall be the least distance between the front lot line and the nearest part of a main building.
B.
REARAn open space extending the full width of a lot between the rearmost main building and the rear lot line, unoccupied and unobstructed by buildings except as hereinbefore specified, the depth of which shall be the least distance between the rear lot line and the nearest part of such main building.
C.
SIDEAn open space extending from the front yard to the rear yard between a main building and the side lot line, unoccupied and unobstructed by buildings. The required width of the side yard shall be measured horizontally from the nearest point of the side lot line to the nearest part of the main building.