A.
Except where specifically defined herein, all words used in this
Zoning Law shall carry their customary meanings.
B.
Words used in the present tense include the future, and the plural
includes the singular.
C.
The word "and" indicates that all connected items, conditions, provisions
or events shall apply.
D.
Any word "or" indicates that the connected items, conditions, provisions
or events shall apply singly or in any combination.
E.
The term "either . . . or" indicates that the connected items, conditions,
provisions or events apply singly and not in any combination.
F.
The word "district" includes the plural "districts."
G.
The word "lot" includes "plot" or "parcel."
H.
The word "building" includes the word "structure." Any reference
to building or structure also refers to any part of a building or
structure.
I.
The word "shall" is intended to be mandatory.
J.
The word "may" is intended to be permissive.
K.
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.
The word "person" includes "company," "firm," "partnership," "estate,"
"trust," "limited liability company," or "corporation."
Words in this chapter are normally used in their ordinary English
usage. Certain terms shall have the meaning hereinafter set forth,
except where the context clearly indicates a different meaning:
A.
BUILDING INSPECTOR
CLERK
COUNTY
ENGINEER
HIGHWAY SUPERINTENDENT
LAW
PERSON
PLANNING BOARD
TOWN
USED or OCCUPIED
ZONING BOARD OF APPEALS
General terms.
The Building Inspector of the Town of Lancaster, New York.
The Town Clerk of Lancaster, New York.
Erie County, New York.
The Town Engineer of Lancaster, New York.
The Highway Superintendent of the Town of Lancaster, New
York.
Law, ordinance, rule or regulation of the federal, state,
county and Town governments, as appropriate.
Includes a firm, association, organization, partnership,
company, joint venture or corporation, as well as an individual.
The Planning Board of the Town of Lancaster, New York.
The Town of Lancaster, Erie County, New York, outside the
villages of Lancaster and Depew, New York.
Includes the words "intended, designed or arranged to be
used or occupied."
The Zoning Board of Appeals of the Town of Lancaster, New
York.
B.
ACCESS
ACCESS CONNECTION, VEHICULAR
ACCESS MANAGEMENT
ACCESSORY STRUCTURE
ACCESSORY STRUCTURE (FOR SMALL WIRELESS FACILITY)
ADULT BOOKSTORE
ADULT ENTERTAINMENT
ADULT ENTERTAINMENT CABARET
ADULT MINI-MOTION-PICTURE THEATER
ADULT MOTION-PICTURE THEATER
AGRICULTURAL ACTIVITY
AGRICULTURAL BUILDINGS, STRUCTURES OR OTHER FACILITIES
ALLEY
ALTERATION
ALTERNATIVE ENERGY SYSTEMS
ANSI
ANTENNA
APPLICANT
BASEMENT
BATTERY ENERGY STORAGE MANAGEMENT SYSTEM
BATTERY ENERGY STORAGE SYSTEM
(1)
(2)
BATTERY(IES)
BOARDING STABLE
BOAT
BOTTOMLESS
BUFFER
BUILDABLE AREA
BUILDING
BUILDING AREA
BUILDING HEIGHT
BUILDING LINE (or FRONT SETBACK LINE)
BUILDING-INTEGRATED PHOTOVOLTAIC (BIPV)
CAMPER
CAMPER-TRAILER
CELL
CERTIFICATE OF COMPLIANCE
CERTIFICATE OF OCCUPANCY
CHANNEL
CLEARANCE ZONE
CLEARING
CLUB (PRIVATE)
COLLECTIVE SOLAR
COMMERCIAL RECREATIONAL USE
COMMERCIAL VEHICLE
COMMISSIONING
COMMUNICATIONS TOWER
COMPREHENSIVE PLAN
CORNER CLEARANCE
COURT, INNER
COURT, OUTER
CROSS ACCESS
CUL-DE-SAC
CURB CUT
DEDICATED-USE BUILDING
(1)
(2)
(3)
(4)
(a)
(b)
DEDICATION
DESIGN MANUAL
DEVELOPER
DEVELOPMENT AREA
DIAMETER BREAST HEIGHT (DBH)
DRIVEWAY
DRIVEWAY, SHARED
DWELLING
(1)
(2)
(3)
(4)
EASEMENT
ECDPW
ENERGY CODE
ENLARGEMENT
EROSION CONTROL MANUAL
EXTENSION
FAMILY
FARM or FARM OPERATION
FIRE CODE
FLAG LOT
FLOOR AREA
FRANCHISED DEALER
FUNCTIONAL AREA (INTERSECTION)
GAME ROOM
GARAGE, PRIVATE
GARAGE, REPAIR
GARAGE, STORAGE
GASOLINE SERVICE STATION
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
GBNRTC
GLARE
GLINT
GRADING
GROUND FLOOR AREA
GROUND-MOUNTED SYSTEM
GROUP DEVELOPMENT
HOME OCCUPATION
HORSE FARM
HOSPITAL, ANIMAL
IMPERVIOUS COVER
INDUSTRIAL STORMWATER PERMIT
INFILTRATION
ITE
JURISDICTIONAL WETLAND
KENNEL
LAND DEVELOPMENT ACTIVITY
LANDOWNER
LANDSCAPED AREA
LIVESTOCK
LOT
LOT COVERAGE
LOT LINE
LOT MEASUREMENTS
LOT OF RECORD
LOT TYPES
(1)
(2)
(3)
MAINTENANCE AGREEMENT
MAJOR SOLAR COLLECTION SYSTEM OR SOLAR FARM
MANUFACTURED HOME
MASSAGE PARLOR
MINING
MINOR OR ACCESSORY SOLAR COLLECTION SYSTEM
NATIONALLY RECOGNIZED TESTING LABORATORY (NRTL)
NEC
NFPA
NON-DEDICATED-USE BUILDING
NONPARTICIPATING PROPERTY
NONPARTICIPATING RESIDENCE
NONCONFORMING
NONCONFORMING ACCESS
NONPOINT SOURCE POLLUTION
NURSERY
NYSDEC
NYSDOT
OCCUPIED COMMUNITY BUILDING
OPEN SPACE
OPEN SPACE, COMMON
OVERLAY DISTRICT
OWNER
PARCEL
PARKING AREA
PARTICIPATING PROPERTY
PEAK-HOUR TRIP (PHT) GENERATION
PERSON
PHASING
PLAT
POLLUTANT OF CONCERN
POND
PROJECT
PUBLIC IMPROVEMENT PLANS (PIP)
QUARRY, SAND PIT, GRAVEL PIT
REASONABLE ACCESS
RECHARGE
RECREATIONAL VEHICLE
RESERVE
RESIDENT PROFESSIONAL
RESTRICTIVE MEDIAN
RESUBDIVISION
RETAIL NOVELTY SHOP
RIDING ACADEMY/STABLE/COMMERCIAL HORSE FARM
RIGHT-OF-WAY ("ROW")
ROOF-MOUNTED SYSTEM
ROOMING and BOARDING
SALVAGE YARD
SEDIMENT CONTROL
SENSITIVE AREAS
SIGN
SIGN FACE AREA
SIGN, BILLBOARD
SIGN, FASCIA
SIGN, FREESTANDING
SIGN, UNDER-CANOPY
SIGN, WALL
SKETCH PLAN
SMALL ANIMAL
SOLAR ACCESS
SOLAR ENERGY EQUIPMENT/SYSTEMS
SOLAR PANEL
SOLAR SKYSPACE
SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP-02-01
SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL
SEPARATE STORM WATER SEWER SYSTEMS GP-02-02
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
STABILIZATION
STABLE
STOP-WORK ORDER
STORM WATER
STORMWATER HOTSPOT
STORMWATER MANAGEMENT
STORMWATER MANAGEMENT FACILITY
STORMWATER MANAGEMENT OFFICER
STORMWATER MANAGEMENT PRACTICES (SMPs)
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
STORMWATER RUNOFF
STORY
STREET
STREET GRADE
STREET LINE
STREET, COLLECTOR
STREET, LOCAL
STREET, MINOR ARTERIAL
STREET, PRINCIPAL ARTERIAL
STREETS, ACCESS AND DEVELOPMENT
STRUCTURE
SUBDIVISION
SUBDIVISION, CLUSTER
SUBDIVISION, MAJOR
SUBDIVISION, MINOR
SURFACE WATERS OF THE STATE OF NEW YORK
SWIMMING POOL
TEMPORARY ACCESS
TOPLESS
TOURIST HOME
TOWN BOARD
TRAFFIC CALMING
TRAILER
UL
UNIFORM CODE
USE
USE, ACCESSORY
USE, NONCONFORMING
USE, PERMITTED
USE, PRINCIPAL
USE, SPECIAL PERMITTED
UTILITIES
WATERCOURSE
WATERWAY
YARD
(1)
(2)
(3)
(4)
ZONING OFFICER
Specific terms.
A way or means of approach to provide vehicular or pedestrian
entrance or exit to a parcel.
Any driveway, private street, turnout, or other means of
providing for the movement of vehicles to or from a public street.
The process of locating and designing vehicular access connections
to preserve the flow of traffic in terms of safety, capacity and speed.
A subordinate structure located on the same lot with the
principal structure, occupied or devoted to an accessory use. Where
an "accessory structure" is attached to the principal structure in
a substantial manner, as by a roof, such "accessory structure" shall
be considered part of the principal structure.
An accessory facility or structure serving or being used
in conjunction with a communications tower, and located within 100
feet of the communications tower. Examples of such structures include
utility or transmission equipment storage sheds or cabinets.
An establishment having as a substantial or significant portion
of its stock-in-trade books, magazines, films for sale or viewing
on the premises, and other periodicals which are distinguished or
characterized by their emphasis on matter depicting 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.
Certain uses including, but not limited to, adult motion-picture
theatres of any size, adult cabarets, adult massage parlors, and adult
retail novelty shops.
A public or private establishment which is licensed to serve
food and/or alcoholic beverages, which features topless dancers and/or
bottomless dancers, strippers, or similar entertainers, or employees
appearing in a bottomless and/or topless manner of dress.
An enclosed building with a capacity of less than 50 persons
used for presenting material distinguished or characterized by emphasis
on matter depicting, describing or relating to specified sexual activities
or specified anatomical areas for observation by patrons therein.
An enclosed building with a capacity of 50 or more persons
used 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.
The activity of an active farm, including grazing and watering
livestock, irrigating crops, harvesting crops, using land for growing
agricultural and horticultural products, organic farming, composting,
forestry and cutting timber for sale, together with the customary
building and other structures necessary for the production and storage
in such pursuits.
Includes, but is not limited to, barns, silos, sheds, coops,
shops, commodity buildings, farm machine or equipment storage buildings,
greenhouses, stables, riding rings or arenas, exercise tracks, runs,
dry lots, stalls, paddocks, pens, corral or fences, windmills, water
supply ponds, farm stands, manure storage facilities, and outbuildings
or enclosures.
A strip of land over which there is a right-of-way, municipally
or privately owned, serving as a secondary means of access to two
or more properties.
A change, rearrangement or addition to, or any relocation
of, a building or structure; any modification in construction or equipment.
Structures, equipment, devices or construction techniques
used for the production of heat, light, cooling, electricity or other
forms of energy on site and may be attached to or separate from the
principal structure.
American National Standards Institute.
A system of electrical conductors that transmit or receive
radio frequency signals. Such signals shall include but not be limited
to radio, television, cellular, paging, personal communication services
(PCS) and microwave communications.
A property owner or agent of a property owner who has filed
an application for a land development activity.
A story partly below the grade level but having at least
1/2 of its height above the average grade of the surrounding land.
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.
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 12-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:
Tier 1 battery energy storage systems have an aggregate energy
capacity less than or equal to 600 kilowatt hours ("kWh") 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 600 kWh or are comprised of more than one storage
battery technology in a room or enclosed area.
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 chapter, batteries utilized in consumer products are excluded
from these requirements.
A structure designed for the feeding, housing and exercising
of horses not owned by the owner of the premises and for which the
owner of the premises may receive compensation (see "horse farm").
Any vessel capable of transport by water.
Any manner of dress in which a person appears with less than
completely and opaquely covered human genitals and/or pubic region.
A landscaped open space required to separate different land
uses.
That portion of the lot remaining after required yards have
been provided.
Any improvement having a roof supported by columns or walls
for the housing or enclosure of persons, animals or chattels; mobile
home.
The maximum horizontal projected area measured from the exterior
walls of the building and its accessory building.
The vertical distance from the finished grade line at the
foundation to the highest point of the roof.
A line parallel to the right-of-way street line, between
which line and the street right-of-way no building may be built.
The incorporation of photovoltaic (PV) material into a building's
envelope. Technologies include PV shingles or tiles, PV laminates,
and PV glass. Examples of placement include vertical facades, semitransparent
skylights, awnings, fixed awnings, and roofs.
A compact, temporary living unit which is either nonmotorized
and inserted and secured to the bed of a pickup truck, or is mounted
or designed for mounting on wheels and which includes accommodations
designed for sleeping or living purposes for one or more persons and
designed to be towed behind a motor vehicle.
Any structure which is mounted or designed for mounting on
wheels and which includes accommodations designed for sleeping or
living purposes for one or more persons and designed to be towed behind
a motor vehicle.
The basic electrochemical unit, characterized by an anode
and a cathode, used to receive, store, and deliver electrical energy.
A certificate issued by a Code Enforcement Officer certifying
that a structure or use of land is in compliance with the Zoning Law.
A certificate issued by the Code Enforcement Officer certifying
that a building is compliant with the applicable building codes and
other laws and requirements, and indicating that the building is suitable
for occupancy by its intended use.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
Distance from the center line of Transit Road, Genesee Street,
Walden Avenue, and Broadway rights-of-way to a parallel line crossing
frontage parcels.
Any activity that removes the vegetative surface cover.
A not-for-profit organization, not including a fraternity
or sorority house, whose premises are restricted to its members and
their guests.
Installations of solar energy systems that are owned collectively
through a homeowners' association, "adopt-a-solar-panel" programs,
or other similar arrangements.
The use of land or structures for the purpose of providing
recreational opportunities to the public. Such recreational opportunities
include, but are not limited to, movie theaters, skating rinks, race
tracks, indoor sports, and golf courses.
A pickup truck, van or other vehicle with a license plate
and/or registration which designates that vehicle as being commercially
licensed and/or which advertises by name or symbol any business or
service (automobile dealership labels excluded).
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.
A structure designed to support antennas. It includes, without
limit, freestanding towers, guyed towers, monopoles, and similar structures
which employ camouflage technology.
The Comprehensive Master Plan for the Town of Lancaster and
all subsequent updates or addenda thereto.
The distance from an intersection of two or more streets
to the nearest access connection.
An unroofed, open space enclosed by four walls.
Same as inner court, but with one side open to a yard.
The layout of circulation patterns and recording of a permanent
enforceable right of access to allow travel between two or more contiguous
parcels without traveling on a public street.
A short dead-end street terminating in a vehicular turnaround
area.
A curb break, or a place or way provided for the purpose
of gaining vehicular access between a street and abutting property.
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:
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.
The deliberate appropriation of property by its owner for
general public use.
The New York State Stormwater Management Design Manual, most
recent version, including applicable updates, that serves as the official
guide for stormwater management principals, methods and practices.
A person who undertakes land development activities.
An area of land permitted by this chapter to be developed
by a single owner or group of owners, acting jointly, which may consist
of a parcel or assembled parcels planned and developed as an entity.
The diameter of a tree species at approximately 4 1/2
feet above ground level.
Any entrance or exit used by vehicular traffic to or from
land or building to an abutting street.
A driveway in common ownership or subject to a permanent
enforceable right of access by those traveling to or between two or
more parcels.
A building or portion thereof designed or occupied exclusively
for residential and permitted accessory uses.
DWELLING UNITA room or group of rooms within a building forming a single habitable unit which may be occupied by a single [one] family for living, sleeping, cooking and eating purposes. A "dwelling unit" may be attached or detached.
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.
SINGLE-FAMILY DWELLINGA building containing one dwelling unit and designed or used exclusively for occupancy by one family.
TWO-FAMILY DWELLINGA building containing two families living independently of each other; or two one-family dwellings having a party wall in common.
An authorization by a property owner for the use by another,
and for a specified purpose, of any designated part of the property
owner's property.
Erie County Department of Public Works.
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.
An increase in floor area of an existing building or an increase
in size of an existing structure or an increase in the area of land
used for an existing open use.
The most recent version of the New York Standards and Specifications
for Erosion and Sediment Control manual, commonly known as the "Blue
Book."
An increase in the amount of existing floor area used for
an existing use in an existing building.
Any number of individuals related by blood, marriage, adoption,
or other legal relationship, or not more than three individuals who
are not so related, living together as a single housekeeping unit.
The land, buildings and equipment used in the production,
whether for profit or otherwise, of agricultural goods and services,
including the cultivation of land, raising of crops or livestock,
poultry, dairy pursuits, equestrian and other equine activities, timber
harvesting, the practicing of horticulture or keeping of bees, without
reference to its extent or the tenure by which it is held. Such farm
operations may consist of one or more parcels of owned or rented land,
with parcels being contiguous or noncontiguous to each other.
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.
A lot shaped like a flag on a pole. The flag-shaped area
is the portion of a lot where all structures may be located. The pole-shaped
area is the portion of the lot by which vehicular access to the flag
area from its adjoining road is located.
The total horizontal area of a building as outlined by its
exterior walls, not including any space the habitation of which is
prohibited by any law, built-in or attached garages, porches or terraces.
A person holding a current franchise for the sale and servicing
of new products, to include cars, trucks, boats, mobile homes and
similar items.
The area beyond the physical intersection of two controlled
access facilities that comprises decision and maneuver distance, plus
any required vehicle storage length.
A building or place containing four or more amusement games.
A building, accessory to dwellings, used exclusively for
the parking or temporary storage of motor vehicles, boats and trailers.
A main or accessory building used or designed for motor vehicle
repair purposes; a service garage if accessory to an automobile salesroom.
A main or accessory enclosed building with doors, other than
a private garage, used for parking or temporary storage.
A place where gasoline, motor fuel and/or oil, grease, batteries,
tires and motor vehicle accessories may be sold, supplied and/or dispensed
at retail and where, in addition, the following services may be rendered
and sales made:
Sales and servicing of spark plugs, batteries and distributors
and distributor parts.
Tire servicing and repair, but not recapping or retreading.
Replacement of mufflers and tail pipes, water hose, fan belts,
brake fluid, light bulbs, fuses, floor mats, seat covers, windshield
wipers and wiper blades, grease retainers, wheel bearings, mirrors
and the like.
Radiator cleaning and flushing.
Washing and polishing, and sale of automotive washing and polishing
materials.
Greasing and lubrication.
Providing and repairing of pumps and lines.
Minor servicing and repair of carburetors.
Wiring repairs.
Adjusting and repairing brakes.
Minor motor adjustments.
Sale of beverages, packaged foods, tobacco and similar convenience
goods.
Provision of road maps and other informational material to customers;
provision of restroom facilities.
Uses permissible at a service station do not include major mechanical
and body work, straightening of body parts, painting, welding or storage
of automobiles not in operating condition. A service station is not
a repair garage nor a body shop.
Greater Buffalo Niagara Regional Transportation Council.
A continuous source of excessive brightness, relative to
diffused lighting. This is not a direct reflection of the sun, but
rather a reflection of the bright sky around the sun. Glare is significantly
less intense than glint.
A momentary flash of light that may be produced as a direct
reflection of the sun on a solar collection system.
Excavation or fill of material, including the resulting conditions
thereof.
The maximum horizontal area of a building at the ground level,
excluding open porches, terraces and steps and attached or built-in
garage areas.
A solar energy system that is anchored to the ground and
attached to a pole or similar mounting system, detached from any other
structure.
Two or more structures containing attached dwelling units.
Structures need not be on individual lots.
Any occupation or business use, full- or part-time, conducted
entirely within a dwelling or an accessory structure, or both, by
a resident of the property. See also "resident professional."
A farm primarily used for the breeding, boarding and training
of horses, including associated structures and areas required for
farm operation (see "boarding stable").
An establishment for the medical and or surgical care of
animals.
Those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snowmelt and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc.).
A State Pollutant Discharge Elimination System permit issued
to a commercial industry or group of industries which regulates the
pollutant levels associated with industrial storm water discharges
or specifies on-site pollution control strategies.
The process of percolating storm water into the subsoil.
Institute of Transportation Engineers.
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."
Any premises which continuously keeps four or more dogs more
than six months old.
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, even though multiple separate and distinct
land development activities may take place at different times on different
schedules.
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.
The area required or permitted under this chapter to be devoted
to landscaping and environmental improvement, which may include existing
and new vegetation, berms; lighting, street furnishings and ornamental
features which are integrated with the vegetation.
Animals with hooves associated with agricultural activities,
including but not limited to cows, horses, pigs, goats, sheep, donkeys,
mules. Exotic animals including but not limited to llamas, alpaca,
bison, and exotic large birds (ostrich, emu) are included under this
definition.
A parcel of land for a structure, use and the accessory structures
or uses customarily incident to it, including such open spaces as
are required by this chapter and such open spaces as are arranged
and designed to be used in connection with such structure.
The percentage of the lot covered by the main and accessory
structures.
Any boundary line of a lot.
Land designated as a separate parcel on a plat map or deed
filed or recorded in the office of the Clerk of Erie County, New York.
CORNER LOTA parcel of land having lot lines at the junction of two or more streets, or having lot lines on the same street forming an interior angle of intersection of not more than 135°.
INTERIOR LOTA lot other than a corner lot.
THROUGH LOTAn interior lot which has frontage on more than one street.
A legally recorded document that acts as a property deed
restriction, and which provides for long-term maintenance of storm
water management practices.
An area of land or other area used for a solar collection
system principally used to capture solar energy and convert it to
electrical energy for transfer to the public electric grid in order
to sell electricity to or receive a credit from a public utility entity
but also may be for on-site use. Solar farm facilities consist of
one or more freestanding ground-mounted or roof-mounted solar collector
devices.
A structure, transportable in one or more sections, that
in the traveling mode is eight body feet (2,438 body millimeters)
or more in width or 40 body feet (12,192 body millimeters) or more
in length, or where erected on site, is 320 square feet (30 meters
square) or more, and that is built on a permanent chassis and designed
to be used as a dwelling with or without a permanent foundation where
connected to the required utilities, and includes the plumbing, heating,
air-conditioning and electrical systems contained therein; except
that such term shall include any structure that meets all the requirements
of this definition except the size requirements and with respect to
which the manufacturer voluntarily files a certification required
by the secretary (HUD) and complies with the standards established
under this chapter. For mobile homes built prior to June 15, 1976,
a label certifying compliance to the standard for mobile homes, NFPA
501, in effect at the time of manufacture is required. For the purposes
of these provisions, a mobile home shall be considered to be a manufactured
home.
Any place where, for any form of consideration or gratuity,
massage, alcohol rub, administration of fomentations, electric or
magnetic treatments, or any other treatment or manipulation of the
human body occurs as part of or in connection with "specified sexual
activities," or where any person providing such treatment, manipulation
or service related thereto exposes "specified anatomical areas."
Quarrying or extraction of stone, sand, gravel, topsoil or
other nonmetallic minerals or materials, with the exception of fuel.
A solar photovoltaic cell, panel, array, solar hot air or
water collector device which relies upon solar radiation as an energy
source for collection, inversion, storage, and distribution of solar
energy for electricity generation or transfer of stored heat, secondary
to the use of the premises for other lawful purposes. Minor solar
collection systems may consist of building-integrated photovoltaics,
ground-mounted, or roof-mounted solar collector devices.
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.
National Electric Code.
National Fire Protection Association.
All buildings that contain a battery energy storage system
and do not comply with the dedicated-use building requirements.
Any property that is not a participating property.
Any residence located on nonparticipating property.
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 at the effective date of this chapter or
as a result of subsequent amendments thereto.
An access connection existing prior to the date of adoption
of the access management overlay district which in its design or location
does not conform with the requirements of this overlay district.
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.
The land and buildings used for the raising and sale of plants,
trees and shrubs.
New York State Department of Environmental Conservation.
New York State Department of Transportation.
Any building in Occupancy Group A, B, E, I, R, as defined
in the International Building Code, including but not limited to schools,
colleges, day-care facilities, hospitals, correctional facilities,
public libraries, theaters, stadiums, apartments, hotels, and houses
of worship.
An area undisturbed by buildings from the ground upward,
except for walks, paths, landscaping or other site features in public,
common or other private ownership. Yards of individual lots occupied
by dwellings shall not constitute "open space."
A parcel or parcels of land or an area of water or a combination
of land and water within the site, privately owned and designed and
intended for the use and enjoyment of two or more households residing
in the site, or a specified portion thereof, or other users if permitted
by the owners of the common open space.
A distinct classification superimposed in addition to another
(basic) district classification, further regulating or limiting structures
and uses otherwise permitted and regulated pursuant to the basic district
classification.
Includes, in addition to its usual meaning, tenant, lessee,
occupant or other user.
A division of land comprised of one or more contiguous lots
in common ownership.
The off-street parking area and loading and unloading area
required by this chapter.
A battery energy storage system host property or any real
property that is the subject of an agreement that provides for the
payment of monetary compensation to the landowner from the battery
energy storage system owner (or affiliate) regardless of whether any
part of a battery energy storage system is constructed on the property.
A weighted-average vehicle trip generation rate during the
hour of highest volume of traffic entering and exiting the site or
the highest volume of the adjacent street.
Any person, firm, partnership, corporation, association or
legal representative acting individually or jointly.
Clearing a parcel of land in distinct pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.
A drawing showing the proposed plan of the subdivision and
supplementary information which is submitted for approval to the Planning
Board. A final plat is a survey record of the subdivision or part
thereof showing location of lots, street rights-of-way, easements,
and other pertinent data as the Planning Board may require.
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.
A natural or man-made excavation used for the storage or
collection of water.
Land development activity.
Engineering drawings for utilities, water, pavement, curbs,
sidewalks, street lighting, storm water drainage, and detention basins
A plot of land or part thereof used for the purpose of extracting
any natural solid products as an industrial/commercial operation,
and exclusive of the process of grading a lot preparatory to the construction
of a building for which application for a building permit has been
made.
The minimum number and type of access connections, direct
or indirect, necessary to provide safe access to and from a public
street.
The replenishment of underground water reserves.
Any motorized vehicle used for recreational purposes such
as snowmobiles, boats, trailers, and other vehicles, which may or
may not include sleeping or living purposes for one or more persons.
A parcel of land within a subdivision that is intended for
future use, or interim continued existing use.
A health care professional, attorney, engineer, architect,
community planner, landscape architect, land surveyor, accountant,
insurance agent or broker, realtor, teacher and photographer or similar
professions as determined by the Planning Board. See also "home occupation."
A physical barrier such as a metal or concrete structure
or a grass or landscaped island within the street right-of-way that
separates traffic by direction of travel.
A change in a map of an approved or recorded subdivision
plat if such change affects any street layout shown on such map, or
area reserved thereon for public use, or any lot line, or if it affects
any map or plan legally recorded prior to the adoption of any regulations
controlling subdivision. This process is also referred to as "replatting."
Any establishment having a substantial or significant portion
of its sales or stock-in-trade consisting of toys, devices, clothing,
"novelties," lotions and other items distinguished or characterized
by their emphasis for specified sexual activities or specified anatomical
areas, or an establishment that holds itself out to the public as
a purveyor of such materials based upon its signage, advertising,
displays, actual sales, exclusion of minors from the establishment's
premises, or any other factors showing the establishment's primary
purpose is to purvey such material.
Any establishment where horses are kept for equestrian use,
riding, driving or stabling for compensation.
The width, between property lines, of a street, alley, or
easement (measured at right angles to the center line of a street).
A solar panel system located on the roof of any legally permitted
building or structure for the purpose of producing electricity for
on-site or off-site consumption.
A dwelling in which living accommodations for up to three
persons are provided or offered for compensation. The accommodations
shall be contained within the confines of the principal building.
Any place for the storage or deposit, whether in connection
with another business or not, of used motor vehicles intended to be
wrecked or junked, or stored as wrecked or junked motor vehicles;
iron, steel or nonferrous scrap, where such items, or any of them,
are held for the purpose of resale, dismantling parts therefrom for
resale, or reclaiming for use some or all of the material therein.
The term shall include any place for the storage or deposit, for any
such purposes, of used parts or waste materials from motor vehicles,
and shall include those established motor vehicle wrecking and/or
motor vehicle dismantling operations which were subject to the licensing
requirements of former Chapter 4, Auto Wrecking and Junkyards, of
the Code of the Town of Lancaster.[1]
Measures that prevent eroded sediment from leaving the site.
Cold water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, habitats for threatened,
endangered or special concern species.
A name, identification, description or display or illustration
which is affixed to or painted or represented directly or indirectly
upon a building, structure or piece of land which directs attention
to an object, product, service, place, activity, person, institution,
organization or business and the supporting members thereto.
The entire area within the single, continuous perimeter enclosing
the extreme limits of writing, representation, emblems or any figure
or similar character together with any material or color forming an
integral part of the display or used to differentiate such sign from
the background against which it is placed. The supports, uprights
or structures on which any sign is supported shall not be included
in determining the sign (face) area unless such supports, uprights
or structures are designed in such a manner as to form an integral
part of the display. Where a sign has only two faces, the area of
one side shall be the face area of the sign. Where a sign has more
than two faces, the area of all the faces shall be the face area of
the sign.
Any sign that attracts attention to an object, product, service,
place, activity, institution, organization or business not available
or located on the lot where the sign is located.
A sign attached flat against the fascia.
A 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.
A sign attached to the soffit or under the fascia of a structure,
canopy, covered entrance or walkway, awning or marquee.
A sign integral with or attached to and supported by the
exterior wall of a building, and projecting not more than 12 inches
therefrom.
A simple sketch of the proposed layout of streets, lots,
and other features of a proposed subdivision in relation to existing
conditions, including topography, prepared by the petitioner and submitted
to the Planning Board for the purpose of obtaining the advice and
assistance of the Planning Department Staff and approval of the Planning
Board before preparation of the preliminary plat.
Small animals are companion animals or "pocket pets," that
include but are not limited to cats, dogs, hamsters, rabbits, gerbils,
ferrets, fish and birds. Small animals do not include livestock such
as horses, cattle, goats, pigs; or poultry such as turkeys, chickens,
ducks, or geese.
Space that is open to the sun and clear of overhangs or shade.
Structures constructed on private property will not infringe on the
rights of adjacent properties.
Energy storage devices, material, hardware, or electrical
equipment and conduit associated with the production of electrical
energy, including any other accessory structures and buildings, light
reflectors, concentrators, and heat exchangers, substations, electrical
infrastructure, transmission lines and other appurtenant structures
and facilities.
A device capable of collecting and converting solar energy
into electrical energy.
The space between a solar collector and the sun which must
be free of obstructions for a solar energy system's effective operation.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to developers of construction activities to
regulate disturbance of one or more acres of land.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to municipalities to regulate discharges from
municipal separate storm sewers for compliance with EPA established
water quality standards and/or to specify stormwater control standards.
The use of practices that prevent exposed soil from eroding.
A building or part of a building used to house horses.
An order issued which requires that all construction activity
on a site be stopped.
Rainwater, surface runoff, snowmelt and drainage.
A land use or activity that generates higher concentrations
of hydrocarbons, trace metals or toxicants than are found in typical
storm water runoff, based on monitoring studies.
The use of structural or nonstructural practices that are
designed to reduce storm water runoff and mitigate its adverse impacts
on property, natural resources and the environment.
One or a series of stormwater management practices installed,
stabilized and operating for the purpose of controlling stormwater
runoff.
An employee or officer designated by the municipality to
accept and review stormwater pollution prevention plans, forward the
plans to the applicable municipal board and inspect stormwater management
practices.
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.
A plan for controlling storm water runoff and pollutants
from a site during and after construction activities.
Flow on the surface of the ground resulting from precipitation.
The portion of a building between the surface of a floor
and the next floor above or the ceiling next above under a roof.
A public or private way which permits conducting of vehicular
travel and/or affords a primary means of access, by vehicles and pedestrians,
to abutting properties, including the entire area within the right-of-way.
The term includes those ways as shown on plats filed in the office
of the Erie County Clerk, whether improved or not.
The elevation of the street measured at its crown.
The right-of-way line.
A publicly dedicated right-of-way used to carry traffic from
local streets and alleys to minor or major arterials, including but
not limited to the principal entrance streets of a development and
streets for circulation within a development.
The primary functions of such a street is to move traffic
between subdivisions as well as to provide access to individual lots.
A publicly dedicated right-of-way used to carry traffic from
collector streets to other areas of the Town or adjacent municipalities.
Efficiency and limited-access controls are present to reduce conflicts
and improve effectiveness of the roadway.
A publicly dedicated right-of-way used to carry traffic from
collectors and minor arterials to other areas of the Town and Western
New York region.
Streets not otherwise classified. The primary function of
such streets is to move traffic within subdivisions and large developments
and to provide access to individual lots.
A building or anything other than a fence which requires
permanent location in or on the ground or attachment to something
having such location.
The division of any parcel of land into five or more lots,
blocks or sites in any three-year period, with or without streets
or highways, for sale or for rent for residential lots or residential
building plots. Such division shall include resubdivision of parcels
of land for which an approved plat has already been filed in the office
of the County Clerk and which is entirely or partially undeveloped.
Any proposed subdivision requiring approval under the provisions
of New York Town Law § 278.
Any proposed subdivision of land into five or more lots,
any subdivision proposed as a cluster development subdivision, or
any size subdivision requiring any new street or extension of municipal
facilities.
Any proposed subdivision of a parcel into four lots or fewer
fronting on an existing street or road, and not involving any new
street or road or the extension of municipal facilities and not adversely
affecting the development of the remainder of the parcel or adjoining
property and not in conflict with any provision or portion of the
Zoning Map or Town Zoning Code.
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.
A water-filled enclosure more than 24 inches deep, either
above or below ground level, designed, used and maintained for swimming.
Provision of direct access to a street until such time as
adjacent parcels are developed and planned access via a shared driveway
or access development street can be implemented.
Any manner of dress in which a female appears with the breast
region exposed below a point immediately above the top of the areola.
A dwelling in which overnight accommodations are provided
or offered for compensation. The accommodations shall be contained
within the confines of the principal building.
Town Board of the Town of Lancaster, New York.
The combination of mainly physical measures that reduce the
negative effects of motor vehicle use, alter driver behavior, and
improve conditions for nonmotorized street users. Examples of traffic-calming
devices include speed tables, diverters, neck-downs, chicanes, bump-outs,
and roundabouts.
Any structure or vehicle which is mounted or designed for
mounting on wheels and designed to be towed behind a motor vehicle.
Underwriters Laboratory, an accredited standards developer
in the U.S.
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.[2]
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.
A use which is incidental, subordinate and related to the
principal use of the property, located on the same lot therewith.
Any use not permitted in the district in which it is occurring.
A legal nonconforming use is a use that was legally authorized by
the Zoning Code 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 code.
The primary function of a site, building or facility. Only
one principal use is allowed per lot, except as otherwise noted in
the code.
A use which, because of its unique characteristics, requires individual consideration in each case by the Town Board before it may be permitted in the district enumerated in § 400-78 of this chapter.
All lines and facilities related to the provision, distribution,
collection, transmission or disposal of water, sanitary and storm
sewage, oil, gas, power, information, telecommunication and telephone
cable.
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
A channel that directs surface runoff to a watercourse or
to the public storm drain.
An open space on the same lot with the building, unoccupied
and unobstructed by any portion of the building from the ground upward,
except as otherwise provided in this chapter.
YARD, FRONTAn open space extending the full width of the lot between the front line and the building setback line as established by this chapter. On corner lots, the shorter line abutting streets is the front lot line.
YARD, REARThe yard extending from the rearmost point of the building to the rear lot line across the full width of the lot.
YARD, REQUIREDThe minimum yard required between a lot line and building line or line of any parking, loading and stacking area or any other use requiring a yard in order to comply with the zoning regulations of the district in which the zoning lot is located. A "required yard" shall be open and unobstructed from the ground upward, except for projections on buildings as permitted in this chapter and except for walks, landscaping and other site features.
YARD, SIDEAn open space extending from the front yard to the rear yard and of a width established by this chapter; the width shall be measured at right angles to the side lot line. On corner lots, the shorter line abutting streets is the front lot line.
The Building Inspector or Code Enforcement Officer of the
Town of Lancaster and his designated deputies or assistants.
