Town of Chautauqua, NY
Chautauqua County
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This chapter shall be known and may be cited as the "Town of Chautauqua Zoning Law."
This chapter is enacted for the purposes of promoting the public health, safety, morals, comfort, convenience and general welfare, securing the most appropriate use of land, conserving and protecting property and property values, protecting the character and stability of agriculture, residential and business areas, and promoting their orderly and beneficial development, facilitating adequate and economic provisions for public improvement, providing adequate air, light, privacy and convenient access to property and lessening or avoiding congestion in the public streets and highways. The Town of Chautauqua finds it necessary to regulate the location and use of buildings and other structures, setback lines for buildings, the size of lots, yards, courts and other open spaces, and the use of land for trade, industry, residences, recreation or for other purposes and, for such purposes, divides the entire Town into districts or zones.
A. 
Except when specifically defined herein, all words used in this chapter shall carry their customary meanings. Words used in the present tense include the future, and the singular includes the plural. The word "lot" includes the words "plot" or "parcel." The word "person" includes a corporation as well as an individual. The term "shall" is always mandatory.
B. 
Definitions.
ACCESSORY STRUCTURE OR USE
A use or structure on the same lot with a nature customarily incidental and subordinate to the principal use or structure.
ADVERSE IMPACT
A negative impact on land or waters resulting from a land development activity. The negative impact may include impairment to human or natural uses (such as increased risk of flooding, degradation of water quality, sedimentation, reduced groundwater recharge, impaired recreational use, impacts on aquatic organisms or other resources, or threats to public health).
[Added 5-13-2013 by L.L. No. 1-2013]
AGRICULTURAL ACTIVITY
The activity of an active farm including grazing and watering livestock, irrigating crops, harvesting crops, using land for growing agricultural products, and cutting timber for sale, but shall not include the operation of a dude ranch or similar operation, or the construction of new structures associated with agricultural activities.
[Added 5-13-2013 by L.L. No. 1-2013]
AGRICULTURE
Land, including necessary buildings and structures, that has as its principal use the raising or keeping of livestock or the growing of crops.
ALTERATION, STRUCTURAL
To change or rearrange the walls, roof, ceiling, floors, supporting beams, columns or other structural parts; interior plan or layout; the exterior architectural features; or the exit facilities of a structure; or the relocation of a building from one location to another.
[Added 5-13-2013 by L.L. No. 1-2013]
APARTMENT
The equivalent of a dwelling unit contained in a multiple-family dwelling.
[Added 9-9-1991 by L.L. No. 1-1991]
APPLICANT
A property owner or agent of a property owner who has filed an application for a land development activity.
[Added 5-13-2013 by L.L. No. 1-2013]
AUTOMOBILE GRAVEYARD
Any establishment, lot, place of storage or deposit, whether in connection with another business or not, where two or more unregistered, old or secondhand motor vehicles, no longer intended or in condition for legal use on the public highways, are held, whether for the purpose of resale of used parts therefrom, for the purposes of reclaiming for use some or all of the materials therein, whether metal, glass, fabric or otherwise, for the purpose of disposing of the same or for any other purpose. Such term shall include any place of storage or deposit for any such purposes of used parts or waste materials from motor vehicles. To the extent compatible herewith, the provisions of § 136 of the General Municipal Law are incorporated by reference and apply to an application for an "automobile graveyard."
[Amended 10-11-1990 by L.L. No. 4-1990]
BOATHOUSE
A building or structure used exclusively for the parking or temporary storage of boats that is located along the shore of a body of water.
[Added 5-8-1995 by L.L. No. 2-1995]
BORROW AREA
An area from which soil, sand, gravel, or other similar material is excavated.
[Added 5-13-2013 by L.L. No. 1-2013]
BUILDING
Any structure, either temporary or permanent, having walls and a roof, designed for the shelter of any person, animal, or property.
[Amended 5-13-2013 by L.L. No. 1-2013]
BUILDING LINE
The line formed by the intersection of the vertical plane that coincides with the most projected exterior point of a building on any side and the ground. Front, side, and rear building lines are respectively the building lines closest to the highway right-of-way, side property line and rear property line.
[Amended 6-8-2015 by L.L. No. 1-2015]
CAMPGROUNDS
Any plot of land on which is located or may be placed two or more temporary shelters or other accommodations of a design or character suitable or used for temporary living purposes, including approved sanitary facilities, but not including a trailer court.
[Amended 9-9-1991 by L.L. No. 1-1991]
CERTIFIED PROFESSIONAL
A Certified Professional in Erosion and Sediment Control (CPESC) or Certified Professional in Stormwater Quality (CPSWQ), as appropriate for the task at hand, whose qualifications are approved by either the DEC or the Town Board.
[Added 5-13-2013 by L.L. No. 1-2013]
CHANNEL
A natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.
[Added 5-13-2013 by L.L. No. 1-2013]
CLEARING
Any activity that removes the vegetative surface cover.
[Added 5-13-2013 by L.L. No. 1-2013]
COMMERCIAL RECREATION
Any recreational use, facility or activity, whether within the meaning or scope of any of the enumerated provisions of Article V, § 143-24B, or Article VI, § 143-28H(1), (9), (12), (14) and (20), for which there is a fee, charge, payment, dues or other form of consideration required to use the facility. Only such recreational use, facility or activity which is completely gratis or for which there is no direct or indirect consideration or payment shall not be subject to or within the meaning of "commercial recreation" or "recreation" as used in this chapter.
[Added 10-11-1990 by L.L. No. 4-1990]
COMMON PLAN OF DEVELOPMENT OR SALE
A plan, undertaken by a single project site owner or a group of project site owners acting in concert, to offer lots for sale or lease; where such land is contiguous, or is known, designated, purchased or advertised as a common unit or by a common name. The term also includes phased construction activity by a single entity for its own use. For discrete construction projects that are located within a larger common plan of development or sale that are at least 1/4 mile apart, each project can be treated as a separate plan of development or sale provided any interconnecting road, pipeline or utility project that is part of the same common plan is not concurrently being disturbed.
[Added 5-13-2013 by L.L. No. 1-2013]
COMMUNICATION TOWER
Any structure designed to be used for the support of any device for transmitting and/or receiving signals for the purpose of communication, including but not limited to broadcast, shortwave, citizens band, AM FM, television, microwave, cellular, digital or personal communication services.
[Added 6-9-1997 by L.L. No. 1-1997]
CONCENTRATED FLOW
Runoff that accumulates or converges into well-defined channels, whether man-made or formed naturally by erosion. The opposite of concentrated flow is sheet flow, where flowing water is distributed evenly over the ground surface. Over distance on natural surfaces, sheet flow tends to become concentrated flow due to erosion. To convert concentrated flow into sheet flow, use of an engineered structure, such as a flow spreader, is generally required.
[Added 5-13-2013 by L.L. No. 1-2013]
CONDOMINIUM
Any unit subject to the provisions of Article 9-B of the Real Property Law of the State of New York, commonly described as an ownership arrangement in which the interior of a housing unit is individually owned, while the exterior, including land and facilities, known as the common elements, are owned in common by all homeowners in the development. The owner has title to an individual dwelling unit and a shared interest in the common elements.
[Added 6-8-2015 by L.L. No. 1-2015]
CONSTRUCTION DEBRIS TRANSFER STATION
A facility with not more than three transfer bays or areas, located on a parcel of not less than five acres, with no transfer bays or areas located within 750 feet of an inhabited dwelling not owned by the applicant, which is screened with natural barrier evergreens and enclosed within appropriate fencing, and which serves as a location where only construction and demolition debris as defined in 6 NYCRR Part 360-1.2(b)(33), but no other wastes or material of any kind, are transferred from one truck or roll-off receptacle to another truck or roll-off receptacle and where no debris or material is ever unloaded or permitted to fall on the ground and for which a permit has been granted by the New York State Department of Environmental Conservation and for which a bond has been filed with the Town of Chautauqua in an amount and form set by the Town Board and for which other conditions that may be imposed by the Town Board have been fully complied with.
[Added 3-12-1990 by L.L. No. 1-1990]
COTTAGE
A dwelling unit.
[Added 9-9-1991 by L.L. No. 1-1991]
COTTAGE COURT
Any plot of land on which are located two or more cottages of a design or character suitable for seasonal or temporary family living purposes.
[Amended 9-9-1991 by L.L. No. 1-1991]
COUNTRY INN
A building or group of buildings offering overnight accommodations to transients and the service of meals, in which the service of alcoholic beverages, if any, is incidental to providing sleeping accommodations and the service of meals. A "country inn" is not a motel, hotel, restaurant or tavern.[1]
[Added 8-13-1984 by L.L. No. 6-1984]
DAY-CARE CENTER
A facility duly permitted by the New York State Department of Social Services for the care of four to 12 children for less than 24 hours a day.
[Added 10-11-1990 by L.L. No. 4-1990]
DEC
The New York State Department of Environmental Conservation.
[Added 5-13-2013 by L.L. No. 1-2013]
DEDICATION
The deliberate appropriation of property by its owner for general public use.
[Added 5-13-2013 by L.L. No. 1-2013]
DESIGN MANUAL
The New York State Stormwater Management Design Manual, most recent version including applicable updates that serves as the official guide for stormwater management principles, methods and practices.
[Added 5-13-2013 by L.L. No. 1-2013]
DETENTION
Temporary storage of stormwater runoff.
[Added 5-13-2013 by L.L. No. 1-2013]
DEVELOPER
A person undertaking land development activity, or for whose benefit land development activities are carried out.
[Added 5-13-2013 by L.L. No. 1-2013]
DEVELOPMENT
To make a site or area available for use by physical alteration. Development includes but is not limited to providing access to a site, clearing of vegetation, grading, earth moving, excavating, providing utilities and other services such as parking facilities, stormwater management and erosion control systems, altering landforms, or constructing a structure on the land.
[Added 5-13-2013 by L.L. No. 1-2013]
DOCK
Any structure, whether affixed to land or floating, placed in or upon a lake, stream or brook where a boat is or may be moored or provides access for fishing or for any other use, recreational or otherwise. This term shall include piers, wharfs, crib docks, stake docks, floating docks and all such similar structures. At no point shall any dock have a height greater than five feet above the mean high-water level. Excluded herein are handrails or other customary safety features as well as lighting apparatus, flagpoles and items of like nature.
[Added 5-8-1995 by L.L. No. 2-1995]
DRAINAGE
The removal of excess surface water from land by a system of swales, ditches and culverts, catch basins and piping to convey runoff to retention areas and stabilized discharge points.
[Added 5-13-2013 by L.L. No. 1-2013]
DRAINAGE AREA
A geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving water body or to a particular point along a receiving water body.
[Added 5-13-2013 by L.L. No. 1-2013]
DUMP OR LANDFILL
A place for the disposal and leaving of paper, garbage, rubbish, demolition and waste materials of any nature of the public or by any person, but not including residential trash receptacles and commercial dumpsters designed to temporarily hold and collect any of the above items for a period not to exceed two weeks pending proper disposal.
[Added 12-12-1988 by L.L. No. 3-1988; amended 2-8-1993 by L.L. No. 1-1993]
DWELLING
A building containing not more than two dwelling units occupied exclusively for residential uses.
[Amended 12-12-1983 by L.L. No. 3-1983; 9-9-1991 by L.L. No. 1-1991]
(1) 
A building arranged for one dwelling unit.
(2) 
A building arranged for two dwelling units.
DWELLING, DETACHED
A dwelling having no party wall in common with another building.
DWELLING, MULTIPLE-FAMILY
A detached building containing three or more dwelling units. Apartment houses are considered to be multiple-family dwellings.
DWELLING UNIT
A single unit used to provide complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
[Amended 9-9-1991 by L.L. No. 1-1991; 7-7-2003 by L.L. No. 2-2003]
EASEMENT
The right to use the land of another, obtained through the purchase of use rights from a landowner, for a special purpose consistent with the property's current use.
[Added 5-13-2013 by L.L. No. 1-2013]
EPA
United States Environmental Protection Agency.
[Added 5-13-2013 by L.L. No. 1-2013]
EROSION
The detachment and movement of soil or rock fragments by water, wind, ice or gravity.
[Added 5-13-2013 by L.L. No. 1-2013]
EROSION CONTROL
Use of reseeding, revegetation, placement of mulch or artificial matting or rip rap or other methods to prevent soil erosion.
[Added 5-13-2013 by L.L. No. 1-2013]
EROSION CONTROL MANUAL
The most recent version of the "New York Standards and Specifications for Erosion and Sediment Control" manual, commonly known as the "Blue Book."
[Added 5-13-2013 by L.L. No. 1-2013]
EXCAVATION
Any activity which removes or significantly disturbs rock, gravel, sand, soil or other natural deposits.
[Added 5-13-2013 by L.L. No. 1-2013]
FAMILY
One or more persons occupying the premises and living as a single nonprofit housekeeping unit.
FARM
A parcel of land which is used for gain in the raising of vegetables, fruit, grain and other agricultural products, livestock, poultry, animals and dairy products.
FARM STRUCTURE
A building used for farming purposes. A dwelling is not a farm structure.
FENCE
Any artificially constructed barrier with the purpose or intent of preventing passage and affording privacy, including but not limited to fences of all kinds, hedges and other natural barriers planted in a continuous row.
[Added 8-11-1997 by L.L. No. 4-1997]
FILLING
Any activity which deposits natural or artificial material in a manner that modifies the surface or subsurface of land or watercourses.
[Added 5-13-2013 by L.L. No. 1-2013]
FINAL STABILIZATION
When all soil-disturbing activities at the site have been completed and a uniform, perennial vegetative cover with a density of 80% has been established or equivalent stabilization measures (such as the use of mulches or geotextiles) have been employed on all unpaved areas and areas not covered by permanent structures.
[Added 5-13-2013 by L.L. No. 1-2013]
FLEA MARKET
An open-air marketplace where used articles, antiques, collectibles or other merchandise is offered for sale on fixed days, where space may be leased or rented to vendors and where ample parking space is provided off the public streets or highways.
[Added 7-30-1984 by L.L. No. 4-1984]
FLOOD
A flow event where the capacity of the channel is exceeded.
[Added 5-13-2013 by L.L. No. 1-2013]
FLOODPLAIN
The area of land that is inundated when flow exceeds the capacity of the normal channel.
[Added 5-13-2013 by L.L. No. 1-2013]
GARAGE, PRIVATE
A secondary building, accessory to dwelling(s), which primarily provides for the storage of (a) motor vehicle(s) or boat and in which no occupation, business or service is carried on. A private garage may be attached to a dwelling.
[Added 9-8-1997 by L.L. No. 5-1997]
GRADING
Any excavation, alteration of land contours, grubbing, filling or stockpiling of earth materials.
[Added 5-13-2013 by L.L. No. 1-2013]
HOME OCCUPATIONS
Only such occupational activity shall be conducted as conforms entirely to the standards and conditions set out in § 143-63. Any activity that does not conform in any respect is deemed not to be a "home occupation" and constitutes a violation of this chapter.
[Amended 10-9-1989 by L.L. No. 1-1989]
HOUSE TRAILER
A mobile home.
[Amended 12-12-1988 by L.L. No. 3-1988]
HUNTING CAMP
A building located on a parcel of land at least 10 acres in size, used seasonally only for occupancy as a place from which camping, hiking, bird watching or hunting takes place, which is not occupied overnight for more than 60 days in any one year, and which is no less than 300 square feet and no more than 500 square feet in size.
[Added 7-14-1997 by L.L. No. 2-1997; amended 9-8-2008 by L.L. No. 6-2008]
IMPERVIOUS AREA, DISCONNECTED
Impervious area that is not directly connected to a stream or drainage system, but which directs runoff towards pervious areas where it can infiltrate, be filtered, and slowed down. See the 2010 "New York State Stormwater Management Design Manual, Chapter 5," for more detailed guidelines.
[Added 5-13-2013 by L.L. No. 1-2013]
IMPERVIOUS SURFACE
Those surfaces, improvements and structures that prevent precipitation from effectively infiltrating into the ground such as, but not limited to, paved streets, driveways, parking areas, sidewalks and building rooftops.
[Added 5-13-2013 by L.L. No. 1-2013]
IMPERVIOUS SURFACE, CONNECTED
The total area of impervious surface in a project (such as paved areas and rooftops) that will drain directly, via impervious conveyance (such as gutters, pipes, or paved or compacted channels or ditches), to the municipal separate storm sewer system (whether a road ditch or storm sewer) or to a surface water. Also see definition of "disconnected impervious area."
[Added 5-13-2013 by L.L. No. 1-2013]
IMPERVIOUS SURFACE COVERAGE
The percentage of the lot covered by buildings, patios, parking areas, walkways or other surfaces covered with a paved surface or a surface that is impervious to water. A deck with boards spaced at least 1/8 inch apart, a swimming pool surface, and a patio with a permeable paving system shall not be considered impervious surface.
[Added 5-13-2013 by L.L. No. 1-2013]
INDUSTRIAL STORMWATER PERMIT
A State Pollution Discharge Elimination System permit issued to a commercial industry or group of industries which regulates the pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies.
[Added 5-13-2013 by L.L. No. 1-2013]
INFILTRATION
The process of stormwater percolating into the subsoil.
[Added 5-13-2013 by L.L. No. 1-2013]
JUNK
Old or scrap metal, rope, rags, batteries, paper, trash, rubber debris, waste or junked, dismantled or wrecked automobiles, or parts thereof, iron, steel and other old or scrap ferrous or nonferrous material.
JUNKYARD
The use of more than 200 square feet of an area of any lot for the buying, selling, exchanging, sorting, storing, bailing, packing, disassembling or handling of junk or salvaged material, but not including operation of a dump, pawn shop, antique shop or of machinery to be reused for the purpose for which originally manufactured.
[Amended 12-12-1988 by L.L. No. 3-1988]
KENNEL
Any premises on which are kept for commercial purposes four or more dogs older than one year that do not belong to the property owner.
[Added 8-11-1997 by L.L. No. 3-1997; amended 6-8-2015 by L.L. No. 1-2015]
LAND DEVELOPMENT ACTIVITY
All activities including clearing, grubbing, grading, excavating, stockpiling, placement of fill, paving, installation of utilities, and construction of buildings or structures that result in soil disturbance.
[Added 5-13-2013 by L.L. No. 1-2013]
LAND DISTURBANCE, AREA OF
The total land area subject to land development activity, as defined herein. If activities are part of a larger common plan of development or sale, total area of disturbance is calculated for the entire project, even though multiple separate and distinct land development activities may take place at different times on different schedules.
[Added 5-13-2013 by L.L. No. 1-2013]
LANDOWNER (OWNER, or PROPERTY OWNER)
The legal or equitable owner of land, including those holding the right to purchase or lease the land, or any other person holding proprietary rights in the land.
[Added 5-13-2013 by L.L. No. 1-2013]
LICENSED PROFESSIONAL
A licensed professional engineer or licensed landscape architect who is knowledgeable in the principles and practices of erosion and sediment control and stormwater management.
[Added 5-13-2013 by L.L. No. 1-2013]
LIVESTOCK
Animals, including but not limited to domestic animals such as sheep, horses, cattle and goats.
LOT
A portion or 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.
LOT AREA
The net area contained within lot lines.
LOT COVERAGE
The percentage of the lot area covered by the combined area of all building, structures, parking areas, or other impervious surfaces on the lot.
[Added 5-13-2013 by L.L. No. 1-2013]
LOT LINE, FRONT
The line of a street on which a lot fronts or abuts.
LOT LINE, REAR
The lot line generally opposite to the front lot line.
LOT LINE, SIDE
Any lot line not a front line or a rear lot line.
LOT LINES
The property lines bounding a lot.
LOT RECORD
Any lot which, individually or as part of a subdivision, has been officially recorded in the office of the Clerk of Chautauqua County.
LOT SIZE
The total square feet of a lot, calculated by multiplying the width of the lot by the length of the lot as measured on a single side of a dedicated road or highway. A lot extending to both sides of a dedicated road or highway, for zoning purposes, shall be deemed two separate lots.
[Added 9-22-2005 by L.L. No. 3-2005]
LOT WIDTH
The distance between side lot lines measured along a line parallel to a line connecting the end points of the front lot line.
MANUFACTURED HOME
A structure having a minimum of two sections, each of which may be transported to a building site separately though not having its own chassis, which is designed to be used as a dwelling, the components of which are wholly or in substantial part manufactured in manufacturing facilities, intended or designed for permanent installation, or assembly and permanent installation, on a building site, and which carries a Federal Department of Housing and Urban Development seal.
[Added 9-22-2005 by L.L. No. 3-2005]
MARINA
The erection and maintenance of a facility located on Chautauqua Lake or a navigable waterway to Chautauqua Lake providing docking and servicing of recreational small watercraft and including therewith at such waterfront facility an incidental outlet for the sale of soft drinks and marine supplies, including gas and oil with other accessory improvements or equipment, for the operators and operation of small watercraft. The facility may also offer maintenance and storage service for small watercraft.
[Added 10-11-1990 by L.L. No. 4-1990]
MOBILE HOME
A movable or portable unit designed and constructed to be towed in one piece on its own chassis, comprised of frame and wheels, and designed to be used as a dwelling unit with or without a permanent foundation when connected to the required utilities, with plumbing, heating, air conditioning, and electrical systems contained therein, and which carries a Federal Department of Housing and Urban Development seal; includes a "house trailer," but not a "manufactured home" or "modular home."
[Amended 12-12-1983 by L.L. No. 3-1983; 12-12-1988 by L.L. No. 3-1988; 9-22-2005 by L.L. No. 3-2005]
MOBILE HOME PARK
An area of land which has been planned and improved for the placement of two or more mobile homes.
MODULAR HOME
A structure having a minimum of two sections, each of which may be transported to a building site separately, with installation of the heating system and application of siding usually coming after the erection of the home, which is indistinguishable in appearance from a conventionally built home, and which carries a New York State Department of State seal.
[Added 9-22-2005 by L.L. No. 3-2005]
MOTEL
A building or a group of buildings intended or designed to provide a series of sleeping units for the accommodation of automobile transients.[2]
OPERATOR
The person having operational control over the construction plans and specifications for a project and/or responsibility for day-to-day supervision and control of the activities occurring at a construction site, and/or responsibility for long-term maintenance of a stormwater management facility.
[Added 5-13-2013 by L.L. No. 1-2013]
PARKING SPACE
The area required for parking one automobile; herein to be an area not less than nine feet wide by 20 feet long, not including passageways.
[Added 2-8-1993 by L.L. No. 1-1993]
PERSON
Shall include an individual, corporation, limited liability company, partnership, limited partnership, business trust, estate, trust, association, or any other legal or commercial entity of any kind or description, and acting as either the owner or the owner's agent.
[Added 5-13-2013 by L.L. No. 1-2013]
PHASING
Land development activity completed in distinctly separate pieces or parts, with the stabilization of each piece completed before the clearing of the next.
[Added 5-13-2013 by L.L. No. 1-2013]
PLAYHOUSE, CHILDREN'S
An accessory building or structure with a gross floor area of no greater than 120 square feet and a wall height no greater than six feet intended for use by children.
[Added 12-10-2012 by L.L. No. 3-2012]
POLLUTANT OF CONCERN
Sediment or a water quality measurement that addresses a sediment (such as total suspended solids, turbidity or siltation) and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the land development activity.
[Added 5-13-2013 by L.L. No. 1-2013]
PRINCIPAL USE
The main use of land or buildings as distinguished from a subordinate or accessory use.
PROFESSIONAL OFFICE
One used by a duly licensed architect, attorney, certified public account, dentist, optometrist, engineer, insurance broker or salesman, physician or surgeon, real estate broker, surveyor, or other similar use.
[Added 9-9-1991 by L.L. No. 1-1991; amended 6-8-2015 by L.L. No. 1-2015]
PROJECT
Land development activity.
[Added 5-13-2013 by L.L. No. 1-2013]
PROJECT SITE
The portion of a parcel (or parcels) on which land development activity will occur.
[Added 5-13-2013 by L.L. No. 1-2013]
QUALIFIED PROFESSIONAL
A person knowledgeable in the principles and practices of erosion and sediment control and stormwater management and treatment, such as a licensed professional engineer, licensed landscape architect, or other New York State DEC endorsed individuals. All components of basic or full SWPPPs that involve the practice of engineering, as defined by the New York State Education Law (see Article 145), shall be prepared by, or under the direct supervision of, a professional engineer licensed to practice in the State of New York.
[Added 5-13-2013 by L.L. No. 1-2013]
RECHARGE
The replenishment of underground water reserves.
[Added 5-13-2013 by L.L. No. 1-2013]
REDEVELOPMENT
Reconstruction or modification to any existing previously developed land such as residential, commercial, industrial, institutional or road/highway, which involves soil disturbance. Redevelopment is distinguished from development or new development in that new development refers to construction on land where there had not been previous construction. Redevelopment specifically applies to constructed areas with impervious surface.
[Added 5-13-2013 by L.L. No. 1-2013]
RETENTION
A practice designed to collect and store stormwater runoff without release except by means of evaporation, infiltration, or attenuated release when runoff volume exceeds the permanent storage capacity of the permanent pool or tank.
[Added 5-13-2013 by L.L. No. 1-2013]
SATELLITE SIGNALS
Those signals which contain satellite cable programming and other satellite transmissions which may be lawfully received by private television antennas.
[Added 5-8-1995 by L.L. No. 2-1995]
SATELLITE TELEVISION ANTENNA
An apparatus capable of receiving communications from a transmitter or a transmitter relay located in geostationary orbit.
[Added 5-8-1995 by L.L. No. 2-1995]
SEDIMENT
Soils or other surficial materials transported by surface water as a product of erosion.
[Added 5-13-2013 by L.L. No. 1-2013]
SEDIMENT CONTROL
Measures that prevent eroded sediment from leaving the site.
[Added 5-13-2013 by L.L. No. 1-2013]
SENSITIVE AREAS
Cold water fisheries, swimming beaches, groundwater recharge areas, water supply reservoirs, habitats for threatened, endangered or special concern species, wetlands, and unique natural areas.
[Added 5-13-2013 by L.L. No. 1-2013]
SEPTIC SYSTEM
A subsurface sewage disposal system, which consists of a septic tank and septic field, in which waste material is distributed through a network of tile fields following a process in the septic tank where solids are settled out of the waste.
[Added 5-13-2013 by L.L. No. 1-2013]
SIGN
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 other structure or produced by painting or posting on or placing any printed, lettered, figured or colored material on any structure or surface, but not including signs placed or erected by any municipal, state or federal agency for the purpose of showing street or road names, directions or regulations or for other purposes.
SIGN, ADVERTISING
A sign which directs attention to a business, commodity, service or entertainment sold or offered elsewhere than upon the premises where such sign is located or to which it is affixed.
[Added 10-9-1989 by L.L. No. 1-1989]
SIGN, BUSINESS
A sign which directs attention to a business or profession conducted or a commodity service or entertainment sold or offered upon the premises where such sign is located or to which it is affixed.
[Added 10-9-1989 by L.L. No. 1-1989]
SIGN, FLASHING
Any illuminated sign on which the artificial light is not maintained stationary or constant in intensity and color at all times when the sign is in use. For the purpose of this chapter any revolving illuminated sign shall be considered a "flashing sign."
[Added 10-9-1989 by L.L. No. 1-1989]
SILVICULTURAL ACTIVITY
The ongoing practice involving the dedicated and cyclic use of land expressly for the periodic production of timber. For example, clear-cutting is not considered an exempt silvicultural activity.
[Added 5-13-2013 by L.L. No. 1-2013]
SLOPE(S)
In this law, generally described as percent slope, which is calculated as rise over run (vertical change in elevation between two representative points on the site divided by horizontal distance between the same two points) and multiplied by 100. For example, a five-percent slope is a rise of five feet over a horizontal distance of 100 feet. Percent slope may be calculated by observing contour lines on a map, or by use of survey equipment. Slope can also be expressed in degrees, as in angle degrees, ranging from 0º to 90 º (which would be a vertical cliff). To convert from degrees slope to percent slope, take the tangent of the slope in degrees, and multiply by 100.
[Added 5-13-2013 by L.L. No. 1-2013]
SOURCE MATERIAL
Any material(s) or machinery, which is directly or indirectly related to process, manufacturing, or other industrial activities, which could be a source of pollutants in any industrial stormwater discharge to groundwater. Source materials include, but are not limited to, raw materials; intermediate products; final products; waste materials; byproducts; industrial machinery; and fuels, and lubricants, solvents, and detergents that are related to process, manufacturing, or other industrial activities that are exposed to stormwater.
[Added 5-13-2013 by L.L. No. 1-2013]
SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP-0-10-001
A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to developers of construction activities to regulate disturbance of one or more acres of land.
[Added 5-13-2013 by L.L. No. 1-2013]
SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE STORMWATER SEWER SYSTEMS GP-0-10-002
A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to municipalities to regulate discharges from municipal separate storm sewers for compliance with EPA-established water quality standards and to specify stormwater control standards.
[Added 5-13-2013 by L.L. No. 1-2013]
STABILIZATION
The use of practices that prevent exposed soil from eroding.
[Added 5-13-2013 by L.L. No. 1-2013]
STOP-WORK ORDER
An order issued which requires that some or all construction activity on a site be stopped.
[Added 5-13-2013 by L.L. No. 1-2013]
STORAGE SHED
An accessory enclosed building with doors, other than a private garage, used for the temporary storage of personal property, including, but not limited to, lawn-care equipment.
[Added 5-8-1995 by L.L. No. 2-1995]
STORMWATER
Rainwater, surface runoff, snowmelt and drainage that does not infiltrate the ground or evaporate but instead flows onto adjacent land or watercourses.
[Added 5-13-2013 by L.L. No. 1-2013]
STORMWATER HOTSPOT
A land use or activity that generates higher concentrations of hydrocarbons, trace metals, or toxicants than are found in typical stormwater runoff, based on monitoring studies. See the Stormwater Design Manual for details and a list of land uses designated as hotspots for the State of New York.
[Added 5-13-2013 by L.L. No. 1-2013]
STORMWATER MANAGEMENT
The use of structural or nonstructural practices that are designed to reduce stormwater runoff and mitigate its adverse impacts on property, natural resources, and the environment.
[Added 5-13-2013 by L.L. No. 1-2013]
STORMWATER MANAGEMENT FACILITY
One or a series of stormwater management practices installed, stabilized and operating for the purpose of controlling stormwater runoff.
[Added 5-13-2013 by L.L. No. 1-2013]
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
A plan for controlling stormwater runoff and pollutants from a site during and after construction activities.
[Added 5-13-2013 by L.L. No. 1-2013]
STORMWATER RUNOFF
Flow through or on the ground surface resulting from precipitation.
[Added 5-13-2013 by L.L. No. 1-2013]
STORY
As defined by the New York State Uniform Fire Prevention and Building Code.
STREAM CORRIDOR
The landscape features on both sides of a stream, including soils, slopes, and vegetation, whose alteration can directly impact the stream's physical characteristics and biological properties.
[Added 5-13-2013 by L.L. No. 1-2013]
STREET
A public or private way which affords the principal means of access to abutting properties.
STREET LINE
The dividing line between a lot and a street.
STRUCTURE
Anything that is built or erected, other than a building, which rests upon or in the ground, or requires the support of the ground, or is attached to any buildings, including excavations.
[Added 9-22-2005 by L.L. No. 3-2005]
SWPPP, BASIC
A stormwater pollution prevention plan (SWPPP) that includes all requirements for erosion and sediment control, but does not require post construction water quality and quantity controls.
[Added 5-13-2013 by L.L. No. 1-2013]
SWPPP, FULL
A stormwater pollution prevention plan that includes all requirements for erosion and sediment control, and also post construction water quality and quantity controls.
[Added 5-13-2013 by L.L. No. 1-2013]
SWPPP, SIMPLE
A stormwater pollution prevention plan that includes an erosion and sediment control plan appropriate for small areas of disturbance.
[Added 5-13-2013 by L.L. No. 1-2013]
THEATER OR PLAYHOUSE
A building or part of building devoted to showing live stage productions, artists or performers on a paid-admission basis.
[Added 10-11-1990 by L.L. No. 4-1990][3]
TRAILER COURT
Any plot of land on which are parked two or more house or travel trailers used for living purposes or held out for the purpose of supplying to the public a parking space for two or more house or travel trailers.
TRAVEL TRAILER
Any portable vehicle which is designed to be transported on its own wheels and which is designed and intended to be used for temporary living quarters for travel, recreational or vacation purposes, and which may or may not include one or all of the accommodations and facilities included in a mobile home. A "travel trailer" is not a dwelling.
USE
The purpose for which land or a building thereon is designed, arranged or intended, or for which it is occupied or maintained, let or leased.
WALL
See "fence."
[Added 8-11-1997 by L.L. No. 4-1997]
WATER BODY
Any natural or man-made body of water, such as a pond, lake, wetland or wet area which does not necessarily flow in a definite direction or course.
[Added 5-13-2013 by L.L. No. 1-2013]
WATERCOURSE
The banks of such watercourse shall be identifiable, i.e., defined bed, banks, gullies, ravines, etc. Road ditches and shallow land depressions generally referred to as grassed waterways, swales, etc., that carry water only immediately (a few to several hours) after a runoff-producing event are not considered watercourses. Where there is a question of whether a watercourse exists and where the top of the bank is located, the reviewing board shall conduct a site evaluation to determine whether or not a particular channel is a watercourse and where the top of the bank is located. Its determination shall be final. For purposes of determining setbacks and required buffers, the boundary of the watercourse shall be measured from the lake line or the top of the bank closest to construction.
[Added 5-13-2013 by L.L. No. 1-2013]
WATERSHED
Total drainage area contributing runoff to a given point along a watercourse.
[Added 5-13-2013 by L.L. No. 1-2013]
WETLAND
Any area which meets one or more of the following criteria:
[Added 5-13-2013 by L.L. No. 1-2013]
(1) 
Lands and waters that meet the definition provided in New York State Environmental Conservation Law, Article 24, "Freshwater Wetlands Act." The approximate boundaries of such lands and waters are indicated on the official wetlands map promulgated by the Commissioner of the New York State Department of Environmental Conservation, or as amended and updated.
(2) 
Areas which meet the definition used by the United States Army Corps of Engineers and United States Environmental Protection Agency: "Areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas."
WETLAND DELINEATION
The process of determining the boundaries of a wetland in the field, as described in the United States Army Corps of Engineers Wetland Delineation Manual, Technical Report Y-87-1.
[Added 5-13-2013 by L.L. No. 1-2013]
YARD REQUIRED
Open and unobstructed ground area of the lot extending inward from a lot line for the distance specified in the regulations for the district in which the lot is located, except as otherwise permitted.
YARD REQUIRED, FRONT
An unoccupied ground area fully open to the sky between the street line and a line drawn parallel thereto, except as otherwise permitted. On a corner lot, the owner may specify the front yard. In all cases, when the street line cannot be established, 1/2 of the width of the street or road shall be added to the front yard requirement, and the front yard shall be measured from the center of the street or road.
YARD REQUIRED, REAR
An unoccupied ground area fully open to the sky between the rear lot line and a line drawn parallel thereto, except as otherwise permitted.
YARD REQUIRED, SIDE
An unoccupied ground area fully open to the sky between any lot line other than a street line or rear lot line, and a line drawn parallel thereto, and between the front and rear yards, except as otherwise permitted.
[1]
Editor's Note: The former definition of “country inn/seminar facility,” added 4-12-1994 by L.L. No. 1-1994, which immediately followed this definition, was repealed 6-8-2015 by L.L. No. 1-2015.
[2]
Editor's Note: The former definition of "parabolic or dish satellite antenna," added 7-8-1985 by L.L. No. 3-1985, which immediately followed this definition, was repealed 5-8-1995 by L.L. No. 2-1995.
[3]
Editor's Note: The definition of the term "Town of Chautauqua Standard Sign," which immediately followed this definition, as amended, was deleted 2-8-1993 by L.L. No. 1-1993.
[Amended 9-16-1985 by L.L. No. 5-1985; 10-30-1986 by L.L. No. 6-1986; 6-22-1987 by L.L. No. 3-1987; 6-12-2006 by L.L. No. 2-2006]
To promote the purposes of this chapter, the Town of Chautauqua is hereby divided into the following types of zoning districts:
R
Residential District
R-L
Residential-Lakeside District
PUD
Planned Unit Development Districts
R-R
Residential-Recreation District
R-A
Residential-Agriculture District
B
Business District
C-I
Chautauqua Institution District
I
Industrial District[1]
C-T
Commercial-Tourism District
[1]
Editor's Note: Residential-Recreation District and Planned Unit Development District, which were listed immediately following this district, as added 6-22-1987 by L.L. No. 3-1987, were deleted 2-8-1993 by L.L. No. 1-1993.
A. 
The boundaries of the aforesaid zoning districts are hereby established for the respective indicated districts and described as follows:
[Amended 9-16-1985 by L.L. No. 5-1985; 6-22-1987 by L.L. No. 3-1987; 2-8-1993 by L.L. No. 1-1993]
(1) 
Residential-Agriculture District (R-A). The entire Town of Chautauqua excepting therefrom however, the incorporated Village of Mayville and the areas described in the following Residential, Residential-Lakeside, Residential-Recreation, Business, Chautauqua Institution and Industrial Districts.
(2) 
Residential Districts (R). All the areas within the following described boundaries:
(a) 
Commencing on the shoreline of Chautauqua Lake at the northwest corner of lot 1, block 4, section 35 of the County Tax Maps for the Town of Chautauqua; thence easterly along the northerly bounds of blocks 4 and 3 in said section 35 to Terrace Avenue; thence crossing Terrace Avenue to the northwest corner of lot 1, block 2 in said section; thence easterly along the north bounds of block 2 of said section 35 to Lookout Avenue; thence continuing on the same course to the easterly bounds of Lookout Avenue; thence southerly along the easterly bounds of Lookout Avenue to the northerly bounds of Zephyr Avenue; thence easterly along the northerly bounds of Zephyr Avenue to the westerly bounds of Leet Avenue; thence northerly along the westerly bounds of Leet Avenue to the westerly bounds of New York State Highway No. 430; thence southerly and easterly along the westerly and southerly bounds of New York State Highway No. 430 to the westerly bounds of section 33; thence southerly along the west bounds of said section 33 to the shoreline of Chautauqua Lake; thence westerly and northerly along the shoreline of Chautauqua Lake to the point of beginning.
(b) 
Commencing at the northwest corner of section 55 of the County Tax Maps for the Town of Chautauqua and in the easterly bounds of New York State Highway No. 394; thence easterly along the northerly bounds of said section 55 to the shoreline of Chautauqua Lake; thence southerly along the shoreline of Chautauqua Lake to the northeast corner of section 56 of the County Tax Maps for the Town of Chautauqua; thence westerly along the northerly bounds of said section 56 to the easterly bounds of New York State Highway No. 394; thence northerly along the easterly bounds of New York State Highway No. 394 to the place of beginning.
(c) 
Commencing at the southwest corner of section 56 of the County Tax Maps for the Town of Chautauqua and in the easterly bounds of New York State Highway No. 394; thence northeasterly along the southerly bounds of said section 56 to the shoreline of Chautauqua Lake; thence easterly along the shoreline of Chautauqua Lake to the northerly bounds of section 29 of said tax maps; thence westerly along the northerly bounds of said section 29 to the easterly bounds of New York State Highway No. 394; thence northerly along the easterly bounds of New York State Highway No. 394 to the point of beginning.
(3) 
Residential-Lakeside Districts (R-L). All the areas within the following:
[Amended 5-8-1995 by L.L. No. 2-1995; 3-12-2001 by L.L. No. 1-2001; 6-12-2006 by L.L. No. 2-2006; 6-8-2015 by L.L. No. 1-2015]
(a) 
Commencing on the shoreline of Chautauqua Lake at the southwest corner of section 42 of the County Tax Maps for the Town of Chautauqua and in the easterly bounds of the Village of Mayville; thence northwesterly along the easterly bounds of the Village of Mayville to the southerly bounds of Whallon Street; thence easterly along the southerly bounds of Whallon Street to the easterly bounds of Mill Road; thence northerly along the easterly bounds of Mill Road to the southerly bounds of New York State Highway No. 430; thence easterly along the southerly bounds of New York State Highway No. 430 to its intersection with the southern bounds of section 38; thence southerly along the easterly bounds of said New York State Highway No. 430 to the southerly bounds of the Town of Chautauqua; thence westerly along the southerly bounds of the Town of Chautauqua to the shoreline of Chautauqua Lake; thence northerly and along the shoreline of Chautauqua Lake to a point of beginning, excepting therefrom however, the residential district described in the first paragraph of Subsection A(2) above in this § 143-5 and the Business Districts described in § 143-5A(6)(a).
(b) 
Commencing at a point on the southerly bounds of the Village of Mayville situated at the northwesterly corner of Section 43, Block 1, Lot 1.1, which point is on the easterly bounds of New York State Highway No. 394; thence southerly along the easterly bounds of New York State Highway No. 394 to the point where said highway bounds meet a continuation of the northwesterly bounds of Section 47, Block 19, Lot 13.13; thence northeasterly along said continuation and said northwesterly bounds of the former Lot 13 to the northernmost corner of Section 47, Block 19, Lot 13.1; thence northwesterly along the southwesterly bounds of Section 47, Block 19, Lot 5.27, Lot 5.23, Lots 25.1 through 25.3, Lot 25.4 and Lot 26.4 to the north bounds of said section 47; thence northeasterly a long the north bounds of said Section 47 to the shore of Chautauqua Lake; thence northerly along the shore of Chautauqua Lake to the southerly bounds of the Village of Mayville; thence southwesterly along the southerly bounds of the Village of Mayville to the point of beginning.
(c) 
Commencing at a point in the easterly bounds of New York State Highway No. 394, and in the north bounds of section 29 of the County Tax Maps for the Town of Chautauqua; thence easterly along the north bounds of said section 29 to the shoreline of Chautauqua Lake; thence southerly along the shoreline of Chautauqua Lake to the south bounds of the Town of Chautauqua; thence westerly along the south bounds of the Town of Chautauqua to the easterly bounds of New York State Highway No. 394; thence northerly along the easterly bounds of New York State Highway No. 394 to the point of beginning.
(4) 
Residential-Recreation District (R-R). All the area within the following described boundary:
(a) 
Commencing at the intersection of the northeasterly boundary of Lot 17, Block 1, Section 58 of the Tax Map for the Town of Chautauqua and the westerly boundary of Prendergast Creek, thence westerly along the northerly boundary of Lot 17, thence southeasterly along the westerly boundary of Lot 17, thence easterly along the southerly boundary of Lot 17 to the point of intersection with the westerly boundary of Lot 36, Block 1, Section 58; thence southerly along the westerly bounds of Lot 36; thence easterly along the southerly bounds of Lot 36 to the former branch of Prendergast Creek, shown on the Tax Map as the westerly branch of said creek; thence southerly and easterly along the boundary of said creekbed, also being the easterly boundaries of Lots 38, 40, and 41, Block 1, Section 58, and the easterly and northerly bounds of Lots 5.1, 4.1, 3.1, and 35, Block 1, Section 59 to a point where the northerly bounds of Lot 1.2, Block 1, Section 59 extended would intersect the easterly bounds of said creekbed; thence easterly along said extension and the northerly bounds of said Lot 1.2 to the shoreline of Chautauqua Lake; thence northerly along the shoreline of Chautauqua Lake to the center of Prendergast Creek; thence northerly and easterly along the center line of Prendergast Creek to a point where an extension of the northerly bounds of Lot 17, Block 1, Section 58 intersects the center line of Prendergast Creek; thence westerly along said extension to the place of beginning.[1]
[1]
Editor's Note: Former Subsection 4, which listed Planned Unit Development Districts (if any) and which immediately followed this subsection, as added 10-30-1986 by L.L. No. 6-1986, was deleted 2-18-1993 by L.L. No. 1-1993.
(5) 
Planned Unit Development Districts (PUD). As used where specifically defined, see Article IV.
(6) 
Business Districts (B). All the areas within the following described boundaries:
(a) 
Dewittville Business District.
[1] 
Commencing at a point in the southerly bounds of New York State Highway No. 430 which point is the easterly bounds of lot 2, block 2 of section 31 of the County Tax Maps for the Town of Chautauqua; thence southerly and westerly along the easterly bounds of lot 2 to its intersection with the northerly bounds of lot 15; thence westerly along the northerly bounds of lot 15 to its intersection with the easterly bounds of County Highway No. 8; thence northerly along the easterly bounds of said County Highway No. 8 to its intersection with the southerly bounds of New York State Highway No. 430; thence easterly along the southerly bounds of said highway to the point of beginning.
[2] 
Also, commencing at the southwesterly intersection of State Highway No. 430 and County Highway No. 8 thence southerly along the westerly bounds of said County Highway No. 8 to the intersection with the northerly bounds of lot 24, block 1, section 33 of the County Tax Maps for the Town of Chautauqua; thence westerly along the northerly bounds of lots 24 and 20.3 to the intersection with the northwesterly bounds of lot 19, block 1, section 33; thence northeasterly along the northwesterly bounds of lot 19 to its intersection with the southerly bounds of State Highway No. 430, thence easterly along the southerly bounds of State Highway No. 430 to the point of beginning.
[3] 
Also, commencing at the northwesterly intersection of State Highway No. 430 and County No. 8; thence northwesterly along the northern boundary of State Highway No. 430 to its intersection with County Highway No. 314; thence easterly along the southerly boundary of County Highway No. 314 to its intersection with the westerly boundary of County Highway No. 8; thence southerly along the western boundary of County Highway No. 8 to the point of beginning.
[4] 
Also, commencing at the northwesterly intersection of County Highway No. 314 and County Highway No. 8; thence westerly along the northern boundary of County Highway No. 314 to the intersection with the westerly bounds of lot 7, block 1, section 32 of the County Tax Maps for the Town of Chautauqua; thence northerly along the westerly bounds of lot 7 and the prolongation of the west bounds of lot 7 to a point 600 feet north of County Highway No. 314 thence easterly on a line parallel to the north boundary of County Highway No. 314 and 600 feet northerly therefrom as measured at right angles thereto the the westerly bounds of County Highway No. 8; thence southerly along the westerly bounds of County Highway No. 8 to the point of beginning.
[5] 
Also, commencing at the northeasterly intersection of County Highway No. 314 and County Highway No. 8; thence easterly along the northern boundary of County Highway No. 314 to the intersection with the easterly boundary of lot 16.2, block 1, section 14 of the County Tax Maps for the Town of Chautauqua; thence northerly along the easterly bounds of lot 16.2 and the prolongation of the east bounds of lot 16.2 to a point 600 feet north of County Highway No. 314 as measured at right angles thereto; thence westerly on a line parallel to the north boundary of County Highway No. 314 and 600 feet northerly therefrom as measured at right angles thereto to the easterly bounds of County Highway No. 8; thence southerly along the easterly bounds of County Highway No. 8 to the point of beginning.
(b) 
Wagon Wheel Business District.
[1] 
Commencing at the northwesterly corner of section 56 of the County Tax Maps for the Town of Chautauqua and in the easterly bounds of New York State Highway No. 394; thence easterly along the north bounds of said section 56 to the shoreline of Chautauqua Lake; thence southerly along the shoreline of Chautauqua Lake to the southerly bounds of said section 56; thence southwesterly along the southerly bounds of said section 56 to the easterly bounds of New York State Highway No. 394; thence northerly along the easterly bounds of New York State Highway No. 394 to the point of beginning.
[2] 
Also, commencing at a point at the intersection of the southerly boundary of State Highway No. 394 and the northwesterly boundary of lot 19, block 1, section 29 of the County Tax maps for the Town of Chautauqua; thence southwesterly along said boundary of lot 19 to a point at the intersection of the northwesterly boundary and the western boundary of said lot 19, block 1, section 29; thence northwesterly to a point at the westerly corner of lot 25, block 1, section 25; thence northeasterly along the westerly boundary of said lot 25 to its intersection with the southerly boundary of State Highway No. 394; thence southeasterly along said boundary of Route 394 to the point of beginning.
(c) 
Hartfield Business District.
[1] 
Commencing at a point on the southerly boundary line of New York State Highway No. 430 at the northwest corner of section 41, block 3, lot 4 of the County Tax Maps for the Town of Chautauqua; thence southeasterly along the southerly bounds of said State Highway No. 430 to a point where the extension of the southerly bounds of section 39, block 1, lot 16 intersects the southerly bounds of State Highway 430; thence easterly along the southerly bounds of said lot 16 to the easterly bounds of County Road 127 (being former New York State Highway No. 17); thence northerly along the said bounds of County Road 127 approximately 450 feet; thence northwesterly, parallel to and at a distance of 300 feet northeasterly of New York State Highway 430 to the easterly bounds of Elmwood Road; thence northerly along the easterly bounds of Elmwood Road to its intersection with County Road 54; thence westerly along the southerly bounds of said County Road 54 to the westerly bounds of Section 39, Block 1, Lot 1.2; thence southerly along the westerly bounds of said lot; thence easterly along the southerly bounds of said lot; thence northeasterly along the easterly bounds of said lot to the boundary of County Road 54; thence crossing County Road 54 to the intersection of the northerly bounds of County Road 54 and the northerly bounds of County Road 58; thence northeasterly along the northerly bounds of County Road 58 to the northeasterly boundary of Section 40, Block 3, Lot 4; thence northeasterly and westerly along the bounds of said lot; thence southerly along the bounds of said lot to the northerly bounds of County Road 54; thence westerly along the northerly bounds of County Road 54 to the easterly bounds of County Road 29 (Plank Road); thence northwesterly along the east bounds of said County Road 29 to the southeast corner of section 12, block 1, lot 16.2; thence southwesterly in a straight line to the point of beginning.
(d) 
Chautauqua Business District.
[Amended 3-12-2001 by L.L. No. 1-2001; 6-14-2004 by L.L. No. 1-2004]
[1] 
Commencing at a point in the westerly bounds of New York State Highway No. 394 which point is in the northerly corner of lot 5, block 1, section 25 of the County Tax Maps for the Town of Chautauqua; thence westerly along the northerly boundary of said lot 5 to the westerly corner thereof, thence westerly along the southerly bounds of lot 3.1, block 1, section 25 of said tax map to a point which is 500 feet westerly from the westerly bounds of said New York State Highway No. 394, as measured at right angles thereto; thence southwesterly on a line parallel to the westerly bounds of said New York State Highway No. 394, and 500 feet westerly therefrom, as measured at right angles thereto, to the southerly bounds of lot 6, block 1, section 25; thence southerly on a line parallel to the westerly bounds of County Highway No. 33, known as the Chautauqua-Stedman Road, and 625 feet westerly therefrom as measured at right angles thereto, to a point intersecting with the extension of the northerly bounds of lot 9.2, block 1, section 25; thence easterly along said extension and northern bounds of said lot 9.2 to the easterly bounds of County Highway No. 33 to the southwest corner of lot 13.1, block 1, section 25 of the County Tax Maps for the Town of Chautauqua; thence easterly along the southerly bounds of said lot 13.1 to the southeast corner of said lot 13.1; thence northeasterly along the easterly bounds of said lot 13.1 to the southwesterly corner of lot 21, block 1, section 25 of the tax map; thence southeasterly along the southerly bounds of said lot 21 to the southeast corner of said lot 21; thence northerly along the east bounds of said lot 21 to the southwesterly corner of lot 18, block 1, section 25 of said tax map; thence southeasterly along the southerly bounds of said lot 18 to the southeasterly corner of said lot 18; thence northeasterly along the easterly bounds of said lot 18 to the southerly bounds of New York State Highway No. 394; thence northwesterly along the southerly bounds of said New York State Highway No. 394 to a point which is intersected by the extension southwesterly of the southeasterly bounds of lot 9, block 19, section 47 of the County Tax Map for the Town of Chautauqua; thence northeasterly along said extension to the southeasterly corner of said lot 9; thence northeasterly along the southeasterly bounds of said lot 9 to the northeast corner of said lot 9; thence northwesterly along the northeasterly bounds of lots 9, 10 and 11, block 19, section 47 of said tax map to the northerly corner of said lot 11; thence southwesterly along the northwesterly bounds of said lot 11 to the northerly bounds of said New York State Highway No. 394; thence continuing on the same course to the southerly bounds of said New York State Highway No. 394; thence northwesterly along the southwesterly bounds of said New York Highway No. 394; thence northwesterly along the southerly bounds of said New York State Highway No. 394 to a point which is intersected by the extension southwesterly of the southeasterly bounds of lot 11, block 19, section 47 of the County Tax Map for the Town of Chautauqua; thence northeasterly along said extension to the southeasterly corner of said lot 11; thence northwesterly along the northeasterly bounds of said lot 11 to the northerly corner of said lot 11, block 19, section 47; thence southwesterly along the northwesterly bounds of said lot 11 to the northerly bounds of said New York State Highway No. 394; thence continuing on the same course to the southerly bounds of said New York State Highway No. 394 thence northwesterly along the southwesterly bounds of said New York State Highway No. 394 to the point of beginning.
(7) 
Chautauqua Institution District (C-1): All the area within the following described boundary:
[Amended 3-12-2001 by L.L. No. 1-2001]
(a) 
Commencing at a point on the northerly bounds of New York State Highway No. 394, which point is the southeast corner of lot 9, block 19, section 47 of the County Tax Maps for the Town of Chautauqua; thence northeasterly along the southerly bounds of said lot 9, to lot 12 in said block and section; thence northeasterly and northerly along the southeasterly and easterly bounds of said lot 12 to lot 5.2 in said block and section; thence northwesterly along the northeasterly bounds of lots 12, 13, 14, 17.3, 18.1, 20 and 24.1 in said block and section to the north bounds of said section 47 thence northeasterly along the northwest bounds of said section 47 to the shoreline of Chautauqua Lake; thence southerly along the shoreline of Chautauqua Lake to the north bounds of section 55 of said tax maps; thence westerly along the northerly bounds of said section 55 to the easterly bounds of New York State Highway No. 394; thence northerly along the easterly bounds of said State Highway to the point of beginning.
(b) 
Commencing at a point on the northerly bounds of New York State Highway No. 394, which point is the southeast corner of lot 9, block 19, section 47 of the County Tax Maps for the Town of Chautauqua; thence northeasterly along the southerly bounds of said lot 9, to lot 12 in said block and section; thence northeasterly and northerly along the southeasterly and easterly of said lot 12 to lot 5.2 in said block and section; thence northwesterly along the northeasterly bounds of lots 12 and 13 to the north bounds of said lot 13; thence westerly along the northerly bounds of Lot 13 to the easterly bounds of New York State Highway No. 394; thence southerly and southeasterly along the easterly bounds of said State Highway to the point of beginning.
(8) 
Industrial District (I): All the area within the following described boundary:
(a) 
Commencing at the intersection of the easterly bounds of the Honeysette Road and the northerly bounds of Linberg Road (Village of Mayville boundary); thence northerly along the easterly bounds of Honeysette Road to the intersection of said easterly bounds of Honeysette Road with the westerly bounds of the Right-of-Way of the Pa. and NYC Transportation Co. (Penn Central Railroad) property; thence southerly along said westerly bounds of the Penn Central Railroad property to its intersection with the northeasterly boundary of the Village of Mayville; thence northerly and westerly along said Village of Mayville boundary to the point of beginning.
(b) 
Commencing at a point in the easterly bounds of the Honeysette Road and in the northwest bounds of the Village of Mayville; Thence southwesterly along the northwest bounds of the Village of Mayville to the southerly corner of Section 11, Block 1, Lot 15 on the Chautauqua County Tax Maps for the Town of Chautauqua; Thence northwesterly along the northeasterly bounds of the Village of Mayville to the northwesterly corner of Section 11, Block 1, Lot 2 of said tax maps; Thence northeasterly along the northwesterly bounds of 2 and 1 of Block 1, Section 11 of said tax maps for the Town of Chautauqua and a continuation of said line to the southwest corner of Section 9 of the County Tax Maps for the Town of Chautauqua; Thence northwesterly, northeasterly and northwesterly along the southwesterly bounds of said Section 9 to the northwest corner of Lot 49, Block 1 of said Section 9, Thence easterly along the north bounds of lots 49 and 50 of Block 1 of said Section 9 to the northeast corner of said Lot 50; Thence southerly along the east bounds of said Lot 50 and a continuation thereof to the easterly bounds of Honeysette Road; Thence southerly along the easterly bounds of Honeysette Road to the point of beginning.
[Added 9-11-1978 by L.L. No. 2-1978[2]
[2]
Editor's Note: This local law provided that the above-described area is removed from the Residential-Agriculture District.
(c) 
Commencing at the point where the northerly bounds of N.Y.S. 430 intersects the northerly bounds of Van Ness Rd., said point being the southeast corner of Section 17, Block 1, Lot 12.1 on the Chautauqua County Tax Maps for the Town of Chautauqua; Thence northeasterly along said northerly bounds of Route 430, approximately 1,500 feet to the point where Mud Creek intersects the northerly boundary of Route 430, thence northwesterly at a right angle to Route 430, 700 feet, thence southwesterly, parallel to Route 430, approximately 1500 feet to the northerly bounds of Van Ness Rd., thence southeasterly along the northerly bounds of Van Ness Rd. 700 feet to the point or place of beginning.
(9) 
Commercial-Tourism District (C-T). All the area within the following described boundary:
[Added 6-12-2006 by L.L. No. 2-2006]
(a) 
Commencing at a point on the northwesterly bounds of Moore Road, where it intersects with the westerly bounds of New York State Highway No. 394, thence along a continuation of the northwesterly bounds of Moore Road to the easterly bounds of New York State Highway No. 394; thence southerly along the easterly bounds of New York State Highway No. 394 to a point where said highway bounds meet a continuation of the northwesterly bounds of Potter Road; thence southwesterly along a continuation of the northwesterly bounds of Potter Road to the westerly bounds of New York State Highway No. 394; thence continuing on the same course to a point 600 feet southwesterly from the westerly bounds of New York State Highway No. 394; thence northwesterly on a line parallel to the westerly bounds of New York State Highway No. 394 to the northwesterly bounds of Moore Road; thence easterly along the northerly bounds of Moore Road to the point of beginning.
B. 
Tax maps. All references to section, block and lot numbers in this chapter refer to Chautauqua County Tax Maps for the Town of Chautauqua as such exist on the date of enactment of this chapter unless otherwise stated.
C. 
Zoning Map. The areas and boundaries of the districts herein established are shown upon a map entitled "Zoning Map of the Town of Chautauqua," which map, with all explanatory matter thereon, is hereby made a part of this chapter. Said map shall be kept up-to-date and kept in the office of the Town Clerk for the use and benefit of the public.[3]
[3]
Editor's Note: The Zoning Map is included at the end of this chapter.
[Amended 6-13-1994 by L.L. No. 2-1994]
Except for lands within the Chautauqua Institution District as defined in § 143-5A(7) and farms and farm structures, no building or other structure or land shall hereafter be used or occupied, and no building or structure, or parts thereof, shall be erected, relocated, extended, enlarged or altered, except in conformity with the regulations specified herein for the district in which it is located.
[Amended 8-12-1985 by L.L. No. 4-1985]
A. 
No lot area shall be reduced or diminished so that the total area, the yards or other open spaces thereon shall be smaller than the minimum area requirements prescribed for the applicable district by this chapter, nor shall the density of population be increased in any manner except in conformity with area regulations herein prescribed.
B. 
If, at the time of adoption of this chapter (or any amendment thereof increasing the area or open space requirements) the total lot area (whether one or more recorded parcels) or required open spaces are less than the minimum required by this chapter, such total lot area or open space shall not be further reduced.
No yard provided on one lot for the purpose of complying with the provisions of this chapter shall be considered as providing a yard required on any other lot.
[Amended 12-12-1983 by L.L. No. 3-1983]
In the event that application is made to erect, relocate, extend, enlarge or alter a building or otherwise use or occupy buildings or lands for a use not covered in this chapter in any district, the Code Enforcement Officer or his designee shall refer, within five days, such application to the Zoning Board of Appeals for an interpretation as to whether the proposed use is an equivalent use to a permitted use in such district. The Board of Appeals shall report its findings to the Town Board within 40 days of the date of such application and shall make a recommendation based on such findings. In no event shall a building permit or certificate of zoning compliance be issued for an equivalent use until this chapter has been amended to permit such equivalent use in the appropriate district.
In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the public health, morals, safety or the general welfare. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive, or that imposing the highest standards, shall govern.