A.
Unless the context otherwise requires, the following
definitions shall be used in the interpretation and construction of
the chapter. Words used in the present tense include the future; the
singular number shall include the plural, and the plural the singular;
the word "structure" shall include the word "building"; the word "used"
shall include "arranged, designed, constructed, altered, converted,
rented, leased or intended to be used"; and the word "shall" is mandatory
and not optional.
B.
ACCESSORY BUILDING
ACCESSORY USE
ALLEY
ALTERATIONS
AREA, BUILDING
AREA, NET SITE
ARTWORK
AUTOMOTIVE SERVICE STATION
AUTO WASH
AWNING
BANNER
BASEMENT
BILLBOARD
BOARDINGHOUSE
BUFFER STRIP
BUILDING, FRONT LINE OF
BUILDING, HEIGHT OF
BUILDING LINE
BUILDING, PRINCIPAL
BULLETIN BOARD
BUSINESS
BUSINESS OR SHOPPING CENTER
CANOPY
CELLAR
CLUSTER DEVELOPMENT
COMMERCIAL MESSAGE
COMMERCIAL PARKING LOT
COMMON AREA
CONSTRUCTION SIGN
CONTIGUOUS PARCELS
COVERAGE
COVERED WALKWAY
CURB LEVEL
DIGITAL SIGN
DIRECTIONAL SIGN
DRIVE-IN SERVICE FACILITY
DUMP
DWELLING
DWELLING, MULTIPLE
DWELLING UNIT
ELECTION SIGN
EXCAVATION
EXTERIOR PUBLIC STREET
FACE OF A BUILDING
FAMILY
FARM
FARM PONDS
FLAMMABLE LIQUIDS
FLASHING SIGN
FLOATING ZONE
FRANCHISED AUTOMOBILE DEALER
FRANCHISED BOAT DEALER
FRANCHISED MOBILE RECREATION EQUIPMENT DEALER
FRANCHISED RENTAL VEHICLE DEALER
FRANCHISED TRAILER DEALER
FRANCHISED TRUCK AND MACHINERY DEALER
FREE EXPRESSION SIGN
FREESTANDING SIGN
FRONT OF A BUILDING
GARAGE, PRIVATE
GARAGE, PUBLIC
GRADE, FINISHED
GRAVEL PIT
GREEN SPACE
HABITABLE AREA
HOLIDAY OR SEASONAL DECORATIONS
HOME OCCUPATION
(1)
(2)
(3)
(4)
HOMEOWNERS' ASSOCIATION
HOSPITAL
HOTEL
HOUSE TRAILER
IDENTIFICATION SIGN
ILLUMINATED SIGN
INDUSTRIAL PARK
INDUSTRY
INTERIOR PUBLIC STREETS
INTERMITTENT SIGN
JUNKYARD
KENNEL, DOG
LAUNDERETTE
LOT
LOT AREA
LOT, CORNER
LOT, DEPTH OF
LOT, INTERIOR
LOT LINES
LOT, NONCONFORMING
LOT, RECORD
LOT, THROUGH
LOT, WIDTH OF
MACHINERY OR EQUIPMENT SIGN
MARQUEE
MAXIMUM GROSS DENSITY
MEMORIAL SIGN OR TABLET
MONUMENT SIGN
MOTEL
NONCOMMERCIAL MESSAGE
NONCONFORMING USE
NONCONTIGUOUS PARCELS
OFF-PREMISES IDENTIFICATION SIGN
ONE-FAMILY DWELLING
OPEN SPACE
PARCEL
PARKING SPACE
PEDESTAL SIGN
PERSON
PLANNED UNIT DEVELOPMENT
PLAT
POND
PRIVATE RECREATION AREA
PROJECTING SIGN
QUARRY, SANDPIT, GRAVEL PIT, TOPSOIL STRIPPINGS
REAL ESTATE SIGN
RIDING ACADEMY
SANATORIUM
SERVICE ORGANIZATION IDENTIFICATION SIGN
SETBACK
SHOPPING CENTER
SIGN
SPECIAL EVENT
SPECIAL USE
STABLE, PRIVATE
STABLE, PUBLIC
STATUTORY SIGN
STORY
STORY, HALF
STREET
STREET GRADE
STREET LINE
STRUCTURAL ALTERATIONS
STRUCTURE
SWIMMING POOL
TEMPORARY SIGN
THEATER, MOVING-PICTURE
THEATER, OUTDOOR DRIVE-IN
TOURIST HOME
TOWNHOUSE
TRAFFIC CONTROL DEVICE SIGN
TRAILER
(1)
(2)
(3)
(4)
(5)
TWO-FAMILY DWELLING
USE
WAY
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
ZONING BOARD OF APPEALS
ZONING OFFICER
As used in this chapter, the following terms shall
have the meanings indicated:
A subordinate building located on the same lot as the main
building, occupied by or devoted to an accessory use. Where an "accessory
building" is attached to the main building in a substantial manner,
as by a wall or roof, such "accessory building" shall be considered
part of the main building for purposes of yard determination.
A use customarily incidental and subordinate to the main
use or building and located on the same lot therewith. In no case
shall such "accessory use" dominate, in area, extent or purpose, the
principal lawful use or building, except that vehicle parking areas
may be larger than building area.
A public thoroughfare which affords only a secondary means
of access to abutting property and is not intended for general traffic
circulation.
As applied to a building or structure, means a change or
rearrangement in the structural parts or in the exit facilities, or
an enlargement, whether by extending on a side or by increasing in
height, or the moving from one location to another.
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings,
exclusive of uncovered porches, terraces and steps.
The total area within the property lines, excluding external
streets.
A two- or three-dimensional representation of a creative
idea that is expressed in a form and manner as to provide aesthetic
enjoyment for the viewer rather than to specifically convey the name
of the business or a commercial message about the products or services
offered on the property upon which the artwork is displayed.
[Added 2-18-2009 by L.L. No. 3-2009]
Any area of land, including structures thereon, used for
the retail sale of gasoline or oil or other fuel for the propulsion
of vehicles. Within a structure or structures may be facilities for
lubricating, nonmechanical washing and polishing motor vehicles and
facilities for the sale of motor vehicle parts and accessories and
minor repairs. The operation of an "automotive service station" as
herein defined expressly excludes the following: collision or body
work on motor vehicles of any kind, outside storage of motor vehicles
or other property of any kind, major automobile or truck repairs such
as repair of transmissions or differentials, engine overhauls and
any engine work involving the removal of the cylinder head.
A building or structure designed and used exclusively for
the washing, cleaning, drying or polishing of automobiles.
A rigid frame covered with a material, such as canvas, forming
a projecting cover from a building. Such "awning" may be collapsible.
No part of the "awning" shall extend more than three feet from a building.
No part of the "awning" shall extend less than eight feet above the
grade.
[Added 2-15-1989; amended 1-2-1991]
A piece of cloth or other nonrigid fabric intended to be
temporarily displayed, or temporarily extended, over any sidewalk,
Town street or highway, and which is fastened to a building or other
structure.
[Added 4-7-2004 by L.L. No. 4-2004]
A story partly underground but having less than half of its
clear height below finished grade.
A sign which directs attention to a business, commodity,
service, entertainment or attraction sold, offered, or existing elsewhere
than upon the same premises where such sign is displayed or only incidentally
sold, offered, or existing upon such premises.
[Added 2-20-2002]
Any dwelling in which more than three persons either individually
or as families are housed or lodged for hire, with or without meals.
A lodging house, rooming house or furnished room house shall be deemed
a "boardinghouse."
The area between the subject property and the adjacent property
or road, consisting of various forms of vegetation in order to provide
visual screening. The buffer strip can consist of landscaping, natural
vegetation, or a combination of the two. The area is mainly used for
aesthetic mitigation for existing or future adjoining land uses.
[Added 12-20-2006 by L.L. No. 3-2006]
The line of that face of the building nearest the front line
of the lot. This face includes sun parlors and covered porches, whether
enclosed or unenclosed, but does not include steps.
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof for flat roofs, to the deck line of mansard
roofs and to the mean height between eaves and ridge for gable, hip
and gambrel roofs.
A line parallel to the street line, between which line and
the street line no building may be built or located.
A structure in which is conducted the principal use of the
site on which it is situated.
A structure containing a surface of corkboard or similar
material serving as a place where notices may be posted.
[Added 4-7-2004 by L.L. No. 4-2004]
Includes the purchase or sale or other transactions involving
the handling or disposition of any articles, substance or commodity
or services including animals; it also includes offices, rentable
spaces and recreational and amusement enterprises conducted for profit.
Two or more stores or businesses hereafter erected and attached
to or contiguous to each other and located in a structure or on premises
operated as a single unit with or without off-street parking.
A rigid frame covered with a permanent covering attached
to and protruding from a building. No part of the "canopy" or its
supporting framework shall extend above the face of the building.
No part of the "canopy" shall extend more than three feet from a building.
No part of the "canopy" shall extend less than eight feet above grade.
[Added 2-15-1989; amended 1-2-1991]
A story partly underground and having more than 1/2 of its
clear height below the average level of the adjoining ground. A "cellar"
shall not be considered in determining the permissible number of stories.
A subdivision in which minimum lot areas and minimum lot
dimensions may be reduced by a specific amount, provided that there
is no increase in overall density.
Any sign wording, logo, or other representation or image
that directly or indirectly names, advertises, or calls attention
to a product, service, sale or sales event or other commercial activity.
[Added 2-1-2006 by L.L. No. 1-2006]
Any place maintained for the outdoor parking of cars, excepting
street, alley or other public place, where such parking is permitted
upon payment of compensation.
Property that is owned by the homeowners' association, together
with improvements therein, that is for the shared use and enjoyment
by the owner/occupants of the single-family detached housing.
[Added 12-20-2006 by L.L. No. 3-2006]
A temporary on-premises sign that functions to identify the
ongoing construction activity during the time that a building permit
is active and prior to completion of the work for which the permit
was issued, containing sign copy that is limited to the ongoing construction
activity and identifying the contractor and/or any subcontractor engaged
to perform construction activity on the site, and/or the architect,
engineer or any other participants in the construction activity on
the site, and announcing the purpose of the building or structure
for which the building permit has been issued.
[Added 2-20-2002; amended 2-1-2006 by L.L. No. 1-2006; 2-18-2009 by L.L. No. 3-2009]
Two or more parcels that are located directly adjacent to
each other.
[Added 12-20-2006 by L.L. No. 3-2006]
The percentage of the plot or lot area covered by buildings.
A rigid frame covered with a permanent or semipermanent covering
extending more than three feet from a building.
[Added 2-15-1989]
The officially established grade of the curb at the midpoint
of the lot.[1]
An light-emitting-diode sign, also known as an LED sign,
or any other electronic sign, including but not limited to an electronic
sign used as a variable message sign.
[Added 2-18-2009 by L.L. No. 3-2009]
A sign which functions to provide direction or instruction
for traffic control but which does not in any way provide commercial
advertising.
[Added 2-18-2009 by L.L. No. 3-2009]
An establishment which includes provision for a customer
to conduct business or secure goods while remaining within a motor
vehicle. Also commonly referred to as a "drive-through" or "drive-thru,"
such uses include, but are not limited to, windows or similar features
that allow customers to order and/or pick up goods, such as food,
beverages, and prescription drugs, conduct banking services or operate
automatic teller machines while remaining within a motor vehicle.
[Added 10-24-2018 by L.L.
No. 12-2018]
A lot or land or part thereof used primarily for the disposal,
by abandonment, dumping, burial, burning or any other means and for
whatever purpose, of garbage, sewage, trash, refuse, junk, discarded
machinery, vehicles or parts thereof or waste material of any kind.
A building used as the living quarters for one or more people,
but not including a boardinghouse, hotel, lodging house, motel or
rooming house.
A building or portion thereof containing three or more dwelling
units; a dwelling used or designed for use as a multiple dwelling
as defined in the New York State Multiple Residence Law.
A dwelling or portion thereof designed for housekeeping by
one family or single person having access to all bedrooms, kitchens
and bathrooms from common living areas, hallways and entryways.
[Amended 3-15-1989]
A temporary sign erected or displayed for the purpose of
expressing support for or opposition to a candidate or stating a position
regarding an issue upon which voters of the Town shall vote.
[Added 2-1-2006 by L.L. No. 1-2006]
Removal of earth or any material other than removal necessary
in connection with the construction of buildings, structures, retaining
walls, fences, private drives, parking lots, public improvements and
public or private utilities.
[Added 1-2-1991]
Those public streets which were in existence prior to the
creation of the Conservation Management Overlay District and the construction
of the interior public streets in the Conservation Management Overlay
District. Exterior public streets provide access to the interior public
streets from highways which existed prior to the creation and construction
of the Conservation Management Overlay District.
[Added 12-20-2006 by L.L. No. 3-2006]
The vertical outer surface of the building abutting or fronting
on any private or public street, highway, alley or other area used
by the general public as a travelway, including shopping center sidewalks.
One or more persons occupying a dwelling unit and living
as a single, nonprofit housekeeping unit, provided that unless all
such persons are related by blood or marriage, no such "family" shall
contain over five persons.
Any parcel of land containing at least five acres which is
used for gain in the raising of agricultural products, livestock,
poultry or dairy products. It includes necessary farm structures within
the prescribed limits, the storage of equipment used and the use of
temporary stands for the sale of the produce of the "farm" on which
located. It excludes the raising of fur-bearing animals, riding academies,
public stables and dog kennels. Private stables and the breeding and
training of not more than six dogs owned by the owner or tenant of
the premises is allowed.
A man-made body of water created for the purpose of watering
livestock and for irrigation.
Liquids having a flash point below 200° F., closed cup
tester. Class I "flammable liquids" (e.g., gasoline) have a flash
point below 25° F. Class II "flammable liquids" (e.g., alcohol)
have a flash point of 25° to 69+° F.
A sign which permits light to be turned on or off intermittently
more frequently than once per minute or any illuminated sign on which
such illumination is not kept stationary or constant in intensity
and color at all times when such sign is in use, including an LED
(light-emitting diode) or digital sign, and changes more frequently
than once per minute.
[Added 2-18-2009 by L.L. No. 3-2009]
A floating zone defines a use that the community wants to
encourage. The floating zone may be affixed to a qualifying parcel
of land, after application by the parcel’s owner, with the approval
of the Town Board. Upon approval, the parcel is rezoned to reflect
the new use and becomes a small zoning district; its development is
governed by the use and provisions of the floating zone ordinance.
[Added 12-20-2006 by L.L. No. 3-2006]
A person holding a current franchise for the sale and servicing
of new automobiles.
A boat dealer holding a current franchise for the sale of
boats, boat trailers and other related accessories.
A dealer holding a current franchise for the sale of recreation
vehicles or equipment, exclusive of boats.
A person holding a current franchise for the rental of cars
or trucks which are not more than three years old.
[Added 5-6-1987]
A person holding a current franchise for the sale and servicing
of utility trailers, boat trailers, travel trailers, truck campers
or camping trailers.
A person holding a current franchise for the sale and servicing
of new trucks and machinery.
A temporary sign that functions to communicate information
or views on matters of public policy concerns or containing any other
noncommercial message that is otherwise lawful.
[Added 2-1-2006 by L.L. No. 1-2006; amended 2-18-2009 by L.L. No. 3-2009]
A sign supported by a post or posts permanently placed in
the ground and not exceeding nine feet in overall height.
[Amended 1-2-1991]
The face of the building fronting on the public street designated
as its official address. In the case of a building located in a shopping
center or plaza, the "front of the building" may be the face containing
the principal entrance.
An enclosed space for the storage of one or more motor vehicles,
provided that no business, occupation or service is conducted for
profit therein.
Any building available to the public, operated for gain,
which is used for the storage, repair, painting, servicing or equipping
of motor vehicles and the sale of parts and accessories.
The completed surfaces of lawns, walks and roads brought
to grades as shown on official plans or designs relating thereto.
An area from which gravel, stone, topsoil and other materials
are removed or stockpiled for sale.
[Added 1-2-1991]
Open space maintained in a natural, undisturbed or revegetated
condition.
[Added 12-20-2006 by L.L. No. 3-2006]
That space contained within the walls of the principal building,
exclusive of the area of the cellar, garage, attic or porches.
Decorations that pertain to legal or other recognized holidays
or to a season of the year.
[Added 2-18-2009 by L.L. No. 3-2009]
An occupation or a profession customarily carried on in a
dwelling unit, which:
Actually is carried on wholly within the principal
building or in a building or other structure accessory to the dwelling
unit.
Is carried on by only members of the family
residing in the dwelling unit.
Is clearly incidental and secondary to the use
of the dwelling unit for residential purposes, with no exterior display,
no exterior storage of materials and no exterior indication of the
home occupation or variation from the residential character of the
principal building.
Produces no offensive noise, vibrations, smoke,
dust, odors, heat, glare or traffic hazard or congestion.
An association created for the ownership and maintenance
of any common property, including but not limited to common space,
private roads, and pedestrian paths, located within a development.
The association must be approved by the New York State Department
of Law (Attorney General's Office). Each lot owner in the development
shall be required to be a member of a homeowners' association, which
shall be formed prior to conveyance of the first lot. Such homeowners'
association shall not be dissolved, nor shall it dispose of any common
property by sale or otherwise.
[Added 12-20-2006 by L.L. No. 3-2006]
Unless specified, includes sanatoriums, rest homes, nursing
homes, convalescent homes or any other institutions providing health
services primarily for in-patients or the sick or injured, and including
related facilities such as laboratories, out-patient department, training
facilities, central service facilities and staff offices which are
an integral part of the facility.
A building, other than a boardinghouse or tourist home, containing
rooms which are rented or hired out for sleeping purposes by guests
and where only a general kitchen and dining room are provided within
the building.
Any portable structure or vehicle used for living purposes,
whether on wheels or other supports.
A sign which functions to direct attention to a business
or profession conducted on the premises.
[Added 2-20-2002; amended 2-18-2009 by L.L. No.
3-2009]
Any sign designed to be artificially illuminated or designed
to reflect light from one or more sources, natural or artificial.
[Added 2-15-1989]
Contiguous properties zoned industrial and serviced by common
roadways.
[Added 1-2-1991]
Includes storage, repair, manufacture and preparation or
treatment of any article, substance or commodity, including animals,
for profit. Excludes normal farming operations.
Those streets which are built by the developer and which
did not exist prior to the development of the Conservation Management
Overly District.
[Added 12-20-2006 by L.L. No. 3-2006]
A sign which permits light to be turned on or off intermittently
more frequently than once every 12 hours or which is operated in a
way whereby light is turned on or off intermittently more frequently
than once every 12 hours, including any illuminated sign on which
such illumination is not kept stationary or constant in intensity
and color at all times when such sign is in use, including an LED
(light-emitting diode) or digital sign, and which varies in intensity
or color more frequently than once every 12 hours.
[Added 2-18-2009 by L.L. No. 3-2009]
A place where junk, waste, discarded or salvaged materials
are bought, sold, exchanged, sorted, baled, packed, disassembled,
stored, handled or abandoned, including auto wrecking or dismantling
yards, house wrecking yards, used lumberyards and places or yards
for use of salvaged house wrecking and structural steel materials
and equipment.
A building and/or area for the purpose of boarding for compensation
more than three dogs that are more than six months old.
A business premises equipped with individual clothes-washing
machines for the use of retail customers, exclusive of laundry facilities
provided as an accessory use in an apartment house or an apartment
hotel.
A parcel of land considered as a unit, devoted to a certain
use or occupied by a building or a group of buildings that are united
by a common interest or use and the customary accessories and open
spaces belonging to the same. A lot within the meaning of this chapter
may or may not be a lot as shown on a subdivision plat or assessment
record.
The area contained within lot lines.
A lot at the junction of and abutting on two or more intersecting
or intercepting streets.
The mean distance from the street line of the lot to the
opposite rear line, measured in the general direction of the side
lines of the lot.
A lot other than a corner lot.
The property lines bounding the lot. The front lot line shall
be the right-of-way line of the street or road giving access to the
lot. In the case of a corner lot, the owner may designate either street
lot line as the front lot line. The rear lot line shall be the lot
line most distant from the front lot line.
Any district lot where the owner (owners) of said lot does
not own any adjoining property, the subdivision which would create
one or more conforming lots, which does not conform to the minimum
width, depth and area dimensions specified for the district in which
said lot is located.
A lot which met the minimum lot dimension requirements of
the Zoning Ordinance at the time of the creation of such lot by recording
a deed in the Erie County Clerk's office.
An interior lot having frontage on two parallel or approximately
parallel streets.
The least horizontal distance across the lot between the
side lot lines, measured at the setback line.
Signs incorporated into machinery or equipment by a manufacturer
or distributor that function only to identify or advertise the product
or service dispensed by the machine or equipment, including, by way
of example only, signs customarily affixed to vending machines, newspaper
racks, telephone booths, and gasoline pumps.
[Added 2-18-2009 by L.L. No. 3-2009]
Any shelter projecting from the front or face of a building
and not supported by any ground supports.
The total number of dwelling units per acre that can be built
upon developable land for an entire subdivision in accordance with
R-1 supplemental height, lot, yard, and bulk regulations.
[Added 12-20-2006 by L.L. No. 3-2006]
A sign that functions to bear the name of a building and/or
the date of erection or construction of a building, which forms a
part of the building and is not greater than three square feet, such
as a cornerstone or building plaque.
[Added 2-18-2009 by L.L. No. 3-2009]
A freestanding sign with a solid supporting base, not exceeding
30 square feet in area or five feet in height. Where sign surface
and base are the same dimension, the text of the sign shall not exceed
20 square feet.
[Added 8-6-1997]
A building or group of buildings, whether detached or in
connected units, used primarily as sleeping or living quarters for
transient automobile travelers and providing individual entrances
and accessory off street parking, but with no cooking facilities except
in a restaurant or caretaker's unit.
A message that is not a commercial message.
[Added 2-1-2006 by L.L. No. 1-2006]
A use of any premises which was lawfully existing at the
time of enactment of this chapter but which does not conform to the
regulations of the district or zone in which it is situated.
Two or more parcels that are not located adjacent to one
another.
[Added 12-20-2006 by L.L. No. 3-2006]
A sign not greater than 20 square feet in size which assists
the general public in locating a business or organization operating
on premises within one-half mile of the premises where the sign is
located, but which does not advertise the commodity, service, entertainment
or attraction sold, offered, or existing on the premises where the
business or organization is operating.
[Added 4-7-2004 by L.L. No. 4-2004; amended 2-18-2009 by L.L. No. 3-2009]
A dwelling having only one dwelling unit.
[Added 3-15-1989]
A portion of a development site that is permanently set aside
for public or private use and will not be developed. Open space may
be used as community open space or preserved as green space.
[Amended 12-20-2006 by L.L. No. 3-2006]
Any subdivision of land within the Town of Orchard Park.
[Added 12-20-2006 by L.L. No. 3-2006]
An off-street space available for the parking of one motor
vehicle and having an area of not less than 180 square feet, exclusive
of passageways and driveways appurtenant thereto and giving access
thereto, and having direct access to a street or alley.
[Amended 4-27-2011 by L.L. No. 1-2011]
A sign not attached to any building or structure, supported
by one pedestal permanently placed in the ground, with a clear, unobstructed
area at least eight feet in height from the ground to the bottom of
the sign, except for the pedestal which shall not exceed eight inches
in horizontal dimension. The overall height of pedestal signs shall
not exceed 16 feet.
[Amended 2-15-1989]
Any individual partnership, association, organization, corporation,
society, firm, company, institution or organization of any kind.
An area of land, controlled by a landowner, to be developed
as a single entity for any number of specified uses, the plan for
which does not correspond in lot size, bulk or type of dwelling or
commercial use, density, lot coverage and required open space to the
regulations established in any one or more districts created in the
Town of Orchard Park Zoning Ordinance.
A map, plan or layout of a city, village, Town or subdivision
indicating the location and boundaries of individual properties.[2]
Man-made body of water created for recreation or aesthetic
purposes constructed with a slope no steeper than three horizontal
to one vertical.
An area which is owned and operated by members of a private
club or association. The membership of the entity which owns the private
recreation area shall be prohibited from conducting profit-making
activities.
[Added 10-7-1992]
A sign which projects more than 12 inches from the face of
a building.
A lot or land or part thereof used for the purpose of extracting
stone, sand, gravel or topsoil for sale as an industrial 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.
A sign which functions to advertise the sale, rental or lease
of the premises or part of the premises on which the sign is displayed
temporarily.
[Added 2-18-2009 by L.L. No. 3-2009]
Any establishment or area where horses are kept for sale,
hire or boarding for compensation.
A private hospital, whether or not such facility is operated
for profit.
A permanent on-premises sign which functions to direct attention
to a location where a not-for-profit organization conducts its operations
or holds meetings or assemblies in connection with providing services
in the community.
[Added 4-7-2004 by L.L. No. 4-2004; amended 2-18-2009 by L.L. No. 3-2009]
The least horizontal distance from any building to the nearest
street or highway right-of-way line.
A series of business establishments on one parcel of land,
not necessarily joined, sharing the same highway access and parking
facilities.
[Added 2-15-1989]
Any advertisement, announcement, direction or communication produced in whole or in part by the construction, erection, affixing or placing of a structure on any land or on any other structure, or produced by painting on or posting or placing any printed, lettered, pictured, figured or colored material on any structure or surface. The following shall not be considered signs subject to the regulations of §§ 144-33 through 144-43: artwork; holiday or seasonal decorations; cemetery markers; machinery or equipment signs; memorial signs or tablets.
[Added 4-7-2004 by L.L. No. 4-2004; amended 2-1-2006 by L.L. No. 1-2006; 2-18-2009 by L.L. No.
3-2009]
An event, gathering, assembly or meeting that is open to
the public at large.[3]
[Added 2-1-2006 by L.L. No. 1-2006]
A use which, because of its unique characteristics, requires
individual consideration in each case by the Planning Board and Town
Board before it may be permitted in the districts enumerated in this
chapter.
An accessory building in which not more than four horses
are kept for private use of the owner or the tenant of the premises
on which said stable is located. The horse shall not be for hire,
remuneration or sale.
A building or area in which a horse or horses are boarded
for compensation.
A sign required by any statute or regulation of the State
of New York or the United States.
[Added 2-18-2009 by L.L. No. 3-2009]
That portion of a building between the surface of any floor
and the surface of the floor next above it, or if there be no floor
above it, then the space between any floor and the ceiling next above
it.
A story under a sloping roof, having a ceiling height of
7 1/2 feet or more not exceeding 1/2 of the floor area of the
uppermost full story in the building. Areas less than five feet in
height are not to be considered as habitable space.
[Added 8-6-1997[4]]
A public or private thoroughfare which affords the principal
means of access to abutting property and which has been dedicated
to and accepted by or otherwise acquired by the Town of Orchard Park,
County of Erie or State of New York.
The officially established grade of the street upon which
a lot fronts; if there is no officially established grade, the existing
grade of the street at the midpoint of the frontage of the lot thereon.
The boundary lines of the street right-of-way; also the dividing
line between the street and the lot.
Any change in the supporting members of a building or other
structure, such as bearing walls, columns, beams or girders.
Anything constructed or erected which requires permanent
location on the ground or attachment to something having such location
on the ground, including stationary and portable carports.
Enclosed body of water, either above or below ground, enclosed
by concrete, steel, plastic, canvas or other material.
A sign intended for a use not permanent in nature.
[Amended 8-6-1997; 2-1-2006 by L.L. No. 1-2006]
A building or part of a building devoted to the indoor showing
of moving pictures on a paid-admission basis.
An open lot or part thereof, with its appurtenant facilities,
devoted primarily to the showing of motion pictures or theatrical
productions on a paid-admission basis.
A dwelling in which overnight accommodations are provided
or offered for compensation. The accommodations shall be contained
within the confines of the principal building.
A building or structure designed for or occupied by no more
than one family or household and attached to other similar buildings
or structures by not more than two party walls extending from the
foundation to the roof and providing two direct means of access from
the outside. Furthermore, each such dwelling unit shall be provided
with cooking, sleeping and sanitary facilities for the use of each
family or household of the townhouse. For the purpose of this chapter,
a townhouse may include a building or structure in fee simple, condominium,
cooperative or leasehold ownership or any combination thereof.
Any sign located within the right-of-way that functions as
a traffic control device and that is described and identified in either
the Manual on Uniform Traffic Control Devices (MUTCD) and approved
by the Federal Highway Administrator as the national standard and/or
in the New York State Department of Transportation Manual of Uniform
Traffic Control Devices. Traffic control device signs include those
signs that are classified and defined by their function as regulatory
signs (which give notice of traffic laws or regulations), warning
signs (which give notice of a situation that might not readily be
apparent), and guide signs (which show route designations, directions,
distances, services, points of interest, and other geographical, recreational,
or cultural information).
[Added 2-1-2006 by L.L. No. 1-2006]
HOUSE TRAILER or MOBILE HOMEAny portable structure or vehicle used for living, commercial or business purposes, whether on wheels or other supports, and exceeding seven feet, eight inches in overall width and 24 feet in overall length.
UTILITY TRAILERA trailer not over 10 feet in overall length, seven feet, eight inches in overall width and six feet in overall height, capable of being drawn by a standard automobile or station wagon.
BOAT TRAILERA trailer designed solely for the hauling of boats not over 25 feet in overall length, capable of being drawn by a standard automobile or station wagon.
TRAVEL TRAILERA trailer not over seven feet, eight inches in overall width and not over 24 feet in overall length, capable of being drawn by a standard automobile or station wagon, designed solely for temporary camping purposes and not designed or suitable for living purposes. For the purposes of this definition, if a trailer is collapsible or of it does not have toilet facilities or cooking facilities or if it is not so designed that one can live in it even temporarily, it shall be deemed to be a camping trailer.
TRUCK CAMPERAny body or structure designed for the specific purpose of converting any motor vehicle into a travel or camping vehicle and capable of being left freestanding.
A dwelling having two dwelling units.
[Added 3-15-1989]
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.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming "use."
A street, alley or other thoroughfare or easement permanently
established for the passage of persons or vehicles.
Unoccupied space open to the sky, including mechanical equipment,
on the same lot with a building or structure.
A yard extending the full width of a lot and situated between
the street line and the front line of the principal building projecting
to the side line of the lot. The depth of the front yard shall be
measured between the front line of the building and the street line.
Covered porches, whether enclosed or unenclosed, shall be considered
as part of the main building and shall not project into the required
side yard. Corner lots are considered to have two front yards, and
the depth of the second front yard shall be determined as per the
Town of Orchard Park Schedule of Height, Lot, Yard and Bulk Regulations.[5]
[Added 10-5-2022 by L.L.
No. 6-2022]
A yard extending the full width of the lot and situated between
the rear line of the rearmost main building and the rear line of the
lot.
A yard situated between the building and the side line of
the lot and extending from the front yard to the rear yard. Any lot
line not a rear line or a front line shall be deemed a side line.
The Board of Appeals of the Town of Orchard Park.
The Building Inspector of the Town of Orchard Park.
[1]
Editor's Note: The definition of "directional
sign," added 2-20-2002, which immediately followed this definition,
was repealed 4-7-2004 by L.L. No. 4-2004.
[2]
Editor's Note: The former definition of "political
sign," which immediately followed this definition, was repealed 2-1-2006
by L.L. No. 1-2006.
[3]
Editor's Note: The former definition of “specialty
sign,” added 4-7-2004 by L.L. No. 4-2004, which immediately
followed this definition, was repealed 2-18-2009 by L.L. No. 3-2009.
[4]
Editor's Note: This resolution also repealed
the former definition of "half story."
[5]
Editor's Note: Said schedule is included as an attachment to this chapter.
