The words and terms as used in this chapter
are defined as follows:
ABANDON
To cease or discontinue a use or activity.
ACCESSORY BUILDING
An incidental subordinate building located on the same lot
occupied by the main use or building, such as a detached garage.
ACCESSORY STRUCTURE
An incidental subordinate structure located on the same lot
occupied by the main use or building.
ACCESSORY USE
A use that is conducted on the same lot as the primary use
of the structure to which it is related, clearly subordinate in area,
extent, or purpose to, and customarily found in connection with, such
primary use.
AGRICULTURE
The tilling of the soil; the raising of crops, farm animals,
livestock, and horticulture; gardening, beekeeping and aquaculture,
and dairy farming.
AGRICULTURE, INTENSIVE
Agricultural uses that include but are not limited to: slaughter
areas, animal waste treatment systems, or structures housing more
than 50,000 pounds of animals by weight.
ALTERATION
Any change, addition or modifications in construction, occupancy
or use to a structure.
ALTERATION, MAJOR
Includes any change, rearrangement, addition or modification
to a structure which affects the health, firesafety, or structural
safety of said structure.
ALTERATION, MINOR
Includes any change, rearrangement, modification, excluding
additions, or any part thereof which does not affect the health, firesafety,
or structural safety of a structure.
ANIMAL WASTE TREATMENT SYSTEM
A containment area or structure for the temporary storage
and/or treatment of animal or other agricultural waste, used to reduce
such wastes into a form suitable for land distribution or off-site
disposal, other than traditional manure piles for mechanical spreading.
AWNING
A cover or hood that projects from a wall or roof of a structure.
BARN
An accessory building used for the storage of grain, hay,
and other farm products, and/or the sheltering of livestock or farm
equipment, utilized on the premises.
BASEMENT
That space of a building that is partly below grade which
has more than half of its height, measured from floor to ceiling,
above the average established curb level or finished grade of the
ground adjoining the building.
BED-AND-BREAKFAST
Owner-occupied one-family dwelling used for providing overnight
accommodations and a morning meal to not more than 10 transient lodgers,
containing at least one but not more than five bedrooms for such lodgers.
BERM
A mound or embankment of earth typically used to provide
visual screening, reduce noise, or fulfill other such purposes.
BUFFER
A landscaped open space required to separate or visually
screen different land uses.
BUILDABLE AREA
That portion of a lot remaining after required setbacks have
been provided.
BUILDING
A structure wholly or partially enclosed within exterior
walls or party walls with a roof.
BUILDING CODE
The New York State Building Code as amended from time to
time.
BUILDING COVERAGE
The maximum horizontal area measured from the exterior walls
of all principal and accessory buildings on the lot.
BUILDING HEIGHT
The vertical distance from the average elevation of the existing
or proposed finished grade to the highest point of the roof.
BUILDING LINE
The perimeter of that portion of a building or structure
nearest a property line, but excluding open steps, terraces, cornices,
overhangs, and other ornamental features projecting from the walls
of the building or structure.
BUSINESS USE
Any use pertaining to sales, service, or administration conducted
by a commercial entity.
CATTERY
Any premises which continuously keeps four or more cats (excluding
litters no more than six months old).
CELLAR
That space of a building that is partly or entirely below
grade, which has more than half its height, measured from floor to
ceiling, below the average established curb level or finished grade
of the ground adjoining the building.
CLUBS (PRIVATE)
Not-for-profit organizations for social, educational, or
recreational purposes, not including houses of worship and fraternity
or sorority houses, whose premises are restricted to its members and
their guests.
CODE
A law, ordinance, rule or regulation. Whenever used herein,
all such words may be used interchangeably, if necessary, to render
an appropriate meaning.
COMMUNITY FACILITIES
Public facilities which are publicly owned or owned by not-for-profit
groups providing a public service function.
CONDOMINIUM
A building or group of buildings in which dwelling units,
offices, or floor areas are owned individually and the structure(s),
common areas, and facilities are owned on a proportional undivided
basis, established pursuant to the Condominium Law of the State of
New York.
DECK
A platform, either freestanding or attached to a building,
that is supported by pillars or posts.
DENSITY
The number of units that are allowed on an area of land,
or the percentage of an area of land allowed to be covered by buildings
and structures.
DESIGN STANDARD
Required elements of building plans, site plans or subdivision
plans.
DEVELOPMENT AREA
An area of land permitted by this chapter to be developed,
which may consist of a parcel or assembled parcels planned and developed
as an entity, pursuant to a single development plan.
DEVELOPMENT COVERAGE
All impervious surface areas on a lot, including but not
limited to building coverage as defined herein, interior roads, parking
areas, sidewalks, and loading areas.
DIMENSIONAL REQUIREMENTS
Standards and controls that establish the minimum or maximum
size of buildings and structures on a lot and the buildable area and
structures on a lot and the buildable area within which the building
can be located, including coverage, setbacks, height, floor area ratio,
and yard requirements.
DUPLEX
A building containing two single-family dwelling units totally
separated from each other by an unpierced wall extending from basement
to roof.
DWELLING
A building or portion thereof designed exclusively for residential
and permitted accessory uses.
DWELLING, ATTACHED
A one-family dwelling with ground floor outside access, attached
to two or more one-family dwellings by common vertical walls without
openings.
DWELLING, QUADRUPLEX
Four attached dwellings in one building in which each unit
has two open space exposures and shares one or two walls with an adjoining
unit or units.
DWELLING, SINGLE-FAMILY DETACHED
A building containing one dwelling unit and that is not attached
to any other dwelling by any means and which is surrounded by open
space or yards.
DWELLING, TOWNHOUSE
A one-family dwelling in a row of at least three such units
in which each unit has its own front and rear access to the outside,
no unit is located over another unit, and each unit is separated from
any other unit by one or more vertical common fire-resistant walls.
DWELLING, TRIPLEX
A building containing three dwelling units, each of which
has direct access to the outside or to a common hall.
DWELLING UNIT
A room or group of rooms within a building forming a single
habitable unit which may be occupied by a single (one) family.
EASEMENT
That interest in land or property reserved for present or
future use by a person or entity other than the legal fee owners(s)
of the property.
ENLARGEMENT
An increase in size or floor area of an existing building
or structure.
EQUESTRIAN CENTER
Any land or structure equipped to host equestrian events,
where horses are boarded, ridden, or trained for compensation.
EXTENDED FAMILY UNIT
An additional dwelling unit within a single-family residence
having less than 25% of the total living area, for use by person related
to or dependent on the principal occupant of the residence.
EXTENSION
An increase in the amount of area used for an existing use
in an existing building or structure.
FACE OF BUILDING (PRIMARY)
The wall of a building fronting on a street or right-of-way,
excluding any appurtenances such as projecting fins, columns, pilasters,
canopies, marquees, showcases or decorations.
FAMILY
A household constituting a single housekeeping unit occupied
by one or more persons.
FARM
A single parcel of land 10 acres or more in size devoted
primarily to agriculture.
FARMHOUSE
A single-family dwelling occupied by the owner or operator
of a farm.
FLOOR AREA
The square footage within the interior faces of exterior
walls of a building, or portion thereof.
FRONTAGE
The width of a lot or parcel abutting a public right-of-way
measured at the street right-of-way.
GARAGE, PRIVATE
A building, accessory to a dwelling, used for the parking
or temporary storage of motor vehicles, boats, and trailers.
GRADE, FINISHED
Natural surface of the ground, or surface of ground after
completion of any change in contour.
HOME OCCUPATION
An occupation or profession that is accessory to a residential
use and is customarily carried on in a dwelling unit in a building
or other structure accessory to a dwelling unit, carried on by a member
of the family residing in the dwelling unit, clearly incidental and
secondary to the use of the dwelling unit for residential purposes,
and conforming with conditions established by this chapter.
INDUSTRIAL USE
Activity related to manufacture, assembly, resource recovery,
storage, or processing of materials, marketed off the premises, or
marketed to other than the ultimate consumer.
JUNKYARD
A lot, land or structure, or part thereof, used for the collecting,
storage and sale of waste paper, rags, scrap metal or discarded material;
or for the collecting, dismantling, storage and salvaging of machinery
or vehicles not in running condition and for the sale of parts thereof.
KENNEL
Any premises which continuously keeps four or more dogs (excluding
litters not more than six months old).
LOT
A parcel of land, unimproved or occupied by one building,
and accessory buildings customary and incidental to it, including
such open spaces as are required by this chapter, and such open spaces
as are arranged and to be used in connection with such buildings.
LOT, CORNER
A parcel of land at the junction of and fronting on two or
more intersecting streets or roads.
LOT DEPTH
The mean horizontal distance from the midpoint of the front
lot line to the midpoint of the rear lot line.
LOT, FLAG
A lot where access to the public roadway is limited to a
strip of land narrower than required for frontage in the district
or by a private right-of-way.
LOT, THROUGH
Lot having frontage on two streets which do not intersect
adjacent to the lot.
LOT WIDTH
The width of a lot measured between the side lot lines at
its narrowest point within the depth required by this chapter.
MANUFACTURED HOME
A structure, transportable in one or more sections, and which
is built on a permanent chassis and designed to be used as a dwelling
with or without a permanent foundation when connected to the required
utilities; a manufactured or mobile home as defined in the Building
Code of the State of New York.
[Amended 5-5-2010 by L.L. No. 2-2010]
MINING
The removal from the ground of soil, ore, rock or a component
thereof.
MIXED USE
A combination of two or more principal uses.
MULTIFAMILY DWELLING
A 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.
NONCONFORMING USE
Any use of a building, structure, or lot which does not conform
to the uses allowed or required dimensions as provided in this chapter.
OPEN SPACE
Outdoor or unenclosed area on the ground, designed and accessible
for outdoor living, recreation, pedestrian access, or landscaping,
but excluding parking facilities, driveways, utility or service areas,
stormwater retention or detention facilities.
OUTDOOR ACTIVITIES
B.
Outdoor sales or display of goods on the same
lot on which the same use is located within an enclosed structure.
OVERLAY DISTRICT
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, or modifying or enlarging such regularly permitted
uses.
PATIO
A level surfaced area directly adjacent to a principal building
which has an average elevation of not more than 30 inches, and without
walls or a roof.
PERSON
In addition to its usual meaning, any partnership, corporation,
association, or other legal entity.
PLANNED UNIT DEVELOPMENT (PUD)
A combination of residential, commercial and industrial or
development guided by a total design plan in accordance with the provisions
of this chapter.
PLOT PLAN or SITE PLAN
A plot of a lot, drawn to scale, showing the actual measurements,
the size and location or any existing structures or structures to
be erected, the location of the lot in relation to abutting streets,
and other such information.
PORCH
A covered but unenclosed projection from the main wall of
a building that may or may not use columns or other ground supports
for structural purposes.
PUBLIC
Of or owned by a municipality or other governmental entity.
PUBLIC IMPROVEMENT
Any drainage ditch, storm sewer or drainage facility, sanitary
sewer, water main, roadway, parkway, park, sidewalk, pedestrian way,
tree, lawn, off-street parking area, lot improvement, or other facility
for which the local, state or federal government may ultimately assume
the responsibility for maintenance and operation, or for which the
local, state or federal government responsibility is established.
PUBLIC UTILITY
One or more persons or entities operating a utility or utilities
for public service or use.
RENOVATION
Interior or exterior remodeling of a structure, other than
ordinary repair.
RESTAURANT, SIT-DOWN
An establishment that prepares and sells food and beverages
for consumption on the premises.
RESTAURANT, FAST-FOOD
An establishment that sells food prepared for consumption,
in packages prepared to leave the premises. Customer orders and/or
service may be by means of a walk-up counter and/or window designed
to accommodate automobile traffic. Food consumption may be on- or
off-premises.
RESTAURANT, TAKE-OUT
An establishment that prepares and sells food only for consumption
off the premises.
RIGHT-OF-WAY
Area within the lines determining the street or highway public
limit or ownership.
SEMIPUBLIC
Of or owned by a not-for-profit corporation as defined in
the New York State Not-for-Profit Law or the Religious Corporations
Law.
[Added 5-5-2010 by L.L. No. 2-2010]
SETBACK
The minimum required distance between the property line and
the building line, as measured from the foundation or exterior wall,
closest edge or edge of structure, except that where the overhang
is more than two feet from the foundation it shall be measured from
the closest point of the overhang from the property line.
SINGLE-FAMILY DWELLING
A building containing one dwelling unit and designed or used
exclusively for occupancy by one family.
SITE PLAN
A plan, to scale, that outlines the proposed use and development
of a parcel as required by this chapter.
SPECIAL USE
A use designated as a special use in the use districts established
by this chapter, in accordance with the provisions of this chapter.
STORAGE, OUTDOOR
The keeping, in an area, other than a building, of any goods,
junk, material, merchandise, or vehicles in the same place for more
than 24 hours.
STORY
That portion of a building included between the upper surface
of any floor and the upper surface of the floor next above, except
that the topmost story shall be that portion of a building included
between the upper surface of the topmost floor and the ceiling or
roof above. If the finished floor level directly above a usable or
unused under-floor space is more than six feet above grade as defined
herein for more than 50% of the total perimeter or is more than 12
feet above grade as defined herein at any point, such usable or unused
under-floor shall be considered as a story, not a cellar.
STREET
"Road" and "street" shall have the same meaning and are used
interchangeably.
STREET, MAJOR
The following are major streets: Akron Road, Bartz Road,
Bear Ridge Road, Beattie Avenue, Bowen Road, Bowmiller Road, Campbell
Boulevard, Canal Road, Chestnut Ridge Road, Cold Springs Road, Crosby
Road, Crown Drive, Dale Road, Day Road, Dysinger Road, East High Street,
Enterprise Drive, Ernest Road, Groff Road, Hamm Road, Harrington Road,
Hinman Road, IDA Park Drive, IDA Park North, Johnson Road, Junction
Road, Keck Road, Kinne Road, Lave Avenue, Leete Road, Lincoln Avenue,
Lincoln Avenue Extension, Lower Mountain Road, Minnick Road, Murphy
Road, Niagara Street Extension, North Canal Road, Old Akron Road,
Old Beattie Road, Old Dysinger Road, Old Niagara Road, Old Saunders
Settlement Road, Old Upper Mountain Road, Plank Road, Purdy Road,
Rapids Road, Raymond Road, Ridge Road, Robinson Road, Robinson Road
Extension, Rochester Road, Sanders Road, Saunders Settlement Road,
Schaffer Road, Shunpike Road, Slayton Settlement Road, Snyder Drive,
South Transit Road, Stone Road, Sunset Drive, Tonawanda Creek Road,
Townline Road, Upper Mountain Road, West Jackson Street, Wicks Road,
Wilson Road, Wisterman Road, Wynkoop Road.
STREET WIDTH
The shortest distance between the lines delineating the right-of-way
of a street.
STRUCTURE
Anything constructed or erected, the use of which requires
location on the ground, or attachment to something having location
on the ground.
TOWNHOUSE
A one-family dwelling unit, with a private entrance, which
is part of a structure whose dwelling units are attached horizontally
in a linear arrangement, and having a totally exposed front and rear
wall to be used for access, light, and ventilation.
TWO-FAMILY DWELLING
A building containing two dwelling units designed or used
for occupancy by two families living independently of each other.
USE
The specific purpose for which land or a building is designed,
arranged or intended or for which it is or may be occupied or maintained.
USE DISTRICT
An area designated for uses, as established herein.
YARD
That area of a lot not included in "development coverage"
as defined herein.