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Town of Lockport, NY
Niagara County
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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.
AGRICULTURAL ENTERPRISE
A use providing services to, or processing of, the products of agricultural activities.
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.
BUILDING SEPARATION
The minimum distance between buildings or structures.
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.
CENTER OF ROAD
The center of a road right-of-way.
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.
COMMERCIAL USE
A business use as defined herein.
COMMUNITY FACILITIES
Public facilities which are publicly owned or owned by not-for-profit groups providing a public service function.
COMPREHENSIVE PLAN or MASTER PLAN
The Comprehensive Plan or Master Plan as adopted by the Town of Lockport, as amended from time to time.
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.[1]
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, DETACHED
A dwelling that is not attached to any other dwelling by any means.
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, SINGLE-FAMILY SEMIDETACHED
A one-family dwelling attached to one other one-family dwelling by a common vertical wall, with each dwelling located on a separate lot.
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.
INSTITUTION or INSTITUTIONAL USE
Publicly owned or operated uses or facilities.
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).
LANDSCAPING
The finishing and adornment of yard areas.
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 COVERAGE
Development coverage as defined herein.
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 LINE
Any boundary of a lot.
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.
MOBILE HOME
A manufactured home as defined herein.
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
A. 
Outdoor restaurants; or
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.
PROPERTY LINE
Any exterior boundary of a lot.
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.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
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]
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, MINOR
All other streets.
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.
USE, PERMITTED
Allowed activity within a specific use district.
USE, PRINCIPAL
The primary purpose for which the property is used.
YARD
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.