The words and terms as used in this chapter
are defined as follows:
To cease or discontinue a use or activity.
An incidental subordinate building located on the same lot
occupied by the main use or building, such as a detached garage.
An incidental subordinate structure located on the same lot
occupied by the main use or building.
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.
The tilling of the soil; the raising of crops, farm animals,
livestock, and horticulture; gardening, beekeeping and aquaculture,
and dairy farming.
A use providing services to, or processing of, the products
of agricultural activities.
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.
Any change, addition or modifications in construction, occupancy
or use to a structure.
Includes any change, rearrangement, addition or modification
to a structure which affects the health, firesafety, or structural
safety of said structure.
Includes any change, rearrangement, modification, excluding
additions, or any part thereof which does not affect the health, firesafety,
or structural safety of a structure.
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.
A cover or hood that projects from a wall or roof of a structure.
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.
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.
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.
A mound or embankment of earth typically used to provide
visual screening, reduce noise, or fulfill other such purposes.
A landscaped open space required to separate or visually
screen different land uses.
That portion of a lot remaining after required setbacks have
been provided.
A structure wholly or partially enclosed within exterior
walls or party walls with a roof.
The New York State Building Code as amended from time to
time.
The maximum horizontal area measured from the exterior walls
of all principal and accessory buildings on the lot.
The vertical distance from the average elevation of the existing
or proposed finished grade to the highest point of the roof.
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.
The minimum distance between buildings or structures.
Any use pertaining to sales, service, or administration conducted
by a commercial entity.
Any premises which continuously keeps four or more cats (excluding
litters no more than six months old).
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.
The center of a road right-of-way.
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.
A law, ordinance, rule or regulation. Whenever used herein,
all such words may be used interchangeably, if necessary, to render
an appropriate meaning.
A business use as defined herein.
Public facilities which are publicly owned or owned by not-for-profit
groups providing a public service function.
The Comprehensive Plan or Master Plan as adopted by the Town
of Lockport, as amended from time to time.
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.[1]
A platform, either freestanding or attached to a building,
that is supported by pillars or posts.
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.
Required elements of building plans, site plans or subdivision
plans.
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.
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.
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.
A building containing two single-family dwelling units totally
separated from each other by an unpierced wall extending from basement
to roof.
A building or portion thereof designed exclusively for residential
and permitted accessory uses.
A one-family dwelling with ground floor outside access, attached
to two or more one-family dwellings by common vertical walls without
openings.
A dwelling that is not attached to any other dwelling by
any means.
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.
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.
A one-family dwelling attached to one other one-family dwelling
by a common vertical wall, with each dwelling located on a separate
lot.
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.
A building containing three dwelling units, each of which
has direct access to the outside or to a common hall.
A room or group of rooms within a building forming a single
habitable unit which may be occupied by a single (one) family.
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.
An increase in size or floor area of an existing building
or structure.
Any land or structure equipped to host equestrian events,
where horses are boarded, ridden, or trained for compensation.
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.
An increase in the amount of area used for an existing use
in an existing building or structure.
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.
A household constituting a single housekeeping unit occupied
by one or more persons.
A single parcel of land 10 acres or more in size devoted
primarily to agriculture.
A single-family dwelling occupied by the owner or operator
of a farm.
The square footage within the interior faces of exterior
walls of a building, or portion thereof.
The width of a lot or parcel abutting a public right-of-way
measured at the street right-of-way.
A building, accessory to a dwelling, used for the parking
or temporary storage of motor vehicles, boats, and trailers.
Natural surface of the ground, or surface of ground after
completion of any change in contour.
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.
Activity related to manufacture, assembly, resource recovery,
storage, or processing of materials, marketed off the premises, or
marketed to other than the ultimate consumer.
Publicly owned or operated uses or facilities.
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.
Any premises which continuously keeps four or more dogs (excluding
litters not more than six months old).
The finishing and adornment of yard areas.
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.
A parcel of land at the junction of and fronting on two or
more intersecting streets or roads.
Development coverage as defined herein.
The mean horizontal distance from the midpoint of the front
lot line to the midpoint of the rear lot line.
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.
Any boundary of a lot.
Lot having frontage on two streets which do not intersect
adjacent to the lot.
The width of a lot measured between the side lot lines at
its narrowest point within the depth required by this chapter.
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]
The removal from the ground of soil, ore, rock or a component
thereof.
A combination of two or more principal uses.
A manufactured home as defined herein.
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.
Any use of a building, structure, or lot which does not conform
to the uses allowed or required dimensions as provided in this chapter.
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.
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.
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.
In addition to its usual meaning, any partnership, corporation,
association, or other legal entity.
A combination of residential, commercial and industrial or
development guided by a total design plan in accordance with the provisions
of this chapter.
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.
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.
Any exterior boundary of a lot.
Of or owned by a municipality or other governmental entity.
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.
One or more persons or entities operating a utility or utilities
for public service or use.
Interior or exterior remodeling of a structure, other than
ordinary repair.
An establishment that prepares and sells food and beverages
for consumption on the premises.
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.
An establishment that prepares and sells food only for consumption
off the premises.
Area within the lines determining the street or highway public
limit or ownership.
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]
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.
A building containing one dwelling unit and designed or used
exclusively for occupancy by one family.
A plan, to scale, that outlines the proposed use and development
of a parcel as required by this chapter.
A use designated as a special use in the use districts established
by this chapter, in accordance with the provisions of this chapter.
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.
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.
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
[Added 12-7-2016 by L.L.
No. 8-2016]
"Road" and "street" shall have the same meaning and are used
interchangeably.
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.
All other streets.
The shortest distance between the lines delineating the right-of-way
of a street.
Anything constructed or erected, the use of which requires
location on the ground, or attachment to something having location
on the ground.
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.
A building containing two dwelling units designed or used
for occupancy by two families living independently of each other.
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.
An area designated for uses, as established herein.
Allowed activity within a specific use district.
The primary purpose for which the property is used.
That area of a lot not included in "development coverage"
as defined herein.
[1]
Editor's Note: See Article 9-B of the Real Property Law.