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.
ACCESSORY STRUCTURE OR USE
ADVERSE IMPACT
AGRICULTURAL ACTIVITY
AGRICULTURE
ALTERATION, STRUCTURAL
APARTMENT
APPLICANT
AUTOMOBILE GRAVEYARD
BOATHOUSE
BORROW AREA
BUILDING
BUILDING LINE
CAMPGROUNDS
CERTIFIED PROFESSIONAL
CHANNEL
CLEARING
COMMERCIAL RECREATION
COMMON PLAN OF DEVELOPMENT OR SALE
COMMUNICATIONS TOWER
CONCENTRATED FLOW
CONDOMINIUM
CONSTRUCTION DEBRIS TRANSFER STATION
COTTAGE
COTTAGE COURT
COUNTRY INN
DAY-CARE CENTER
DEC
DEDICATION
DESIGN MANUAL
DETENTION
DEVELOPER
DEVELOPMENT
DOCK
DRAINAGE
DRAINAGE AREA
DUMP or LANDFILL
DWELLING
(1)
(2)
DWELLING, DETACHED
DWELLING, MULTIPLE-FAMILY
DWELLING UNIT
EASEMENT
EPA
EROSION
EROSION CONTROL
EROSION CONTROL MANUAL
EXCAVATION
FAMILY
FARM
FARM STRUCTURE
FENCE
FILLING
FINAL STABILIZATION
FLEA MARKET
FLOOD
FLOODPLAIN
GARAGE, PRIVATE
GRADING
HOME OCCUPATIONS
HOUSE TRAILER
HUNTING CAMP
IMPERVIOUS AREA, DISCONNECTED
IMPERVIOUS SURFACE
IMPERVIOUS SURFACE, CONNECTED
IMPERVIOUS SURFACE COVERAGE
INDUSTRIAL STORMWATER PERMIT
INFILTRATION
JUNK
JUNKYARD
KENNEL
LAND DEVELOPMENT ACTIVITY
LAND DISTURBANCE, AREA OF
LANDOWNER (OWNER, or PROPERTY OWNER)
LICENSED PROFESSIONAL
LIVESTOCK
LOT
LOT AREA
LOT COVERAGE
LOT LINE, FRONT
LOT LINE, REAR
LOT LINE, SIDE
LOT LINES
LOT RECORD
LOT SIZE
LOT WIDTH
MANUFACTURED HOME
MARINA
MOBILE HOME
MOBILE HOME PARK
MODULAR HOME
MOTEL
OPERATOR
PARKING SPACE
PERSON
PHASING
PLAYHOUSE, CHILDREN'S
POLLUTANT OF CONCERN
PRINCIPAL USE
PROFESSIONAL OFFICE
PROJECT
PROJECT SITE
QUALIFIED PROFESSIONAL
RECHARGE
REDEVELOPMENT
RETENTION
SATELLITE SIGNALS
SATELLITE TELEVISION ANTENNA
SEDIMENT
SEDIMENT CONTROL
SENSITIVE AREAS
SEPTIC SYSTEM
SIGN
SIGN, ADVERTISING
SIGN, BUSINESS
SIGN, FLASHING
SILVICULTURAL ACTIVITY
SLOPE(S)
SOURCE MATERIAL
SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP-0-10-001
SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL
SEPARATE STORMWATER SEWER SYSTEMS GP-0-10-002
STABILIZATION
STOP-WORK ORDER
STORAGE SHED
STORMWATER
STORMWATER HOTSPOT
STORMWATER MANAGEMENT
STORMWATER MANAGEMENT FACILITY
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
STORMWATER RUNOFF
STORY
STREAM CORRIDOR
STREET
STREET LINE
STRUCTURE
SWPPP, BASIC
SWPPP, FULL
SWPPP, SIMPLE
THEATER or PLAYHOUSE
TRAILER COURT
TRAVEL TRAILER
USE
WALL
WATER BODY
WATERCOURSE
WATERSHED
WEDDING OR PRIVATE EVENT FACILITY
WETLAND
(1)
(2)
WETLAND DELINEATION
YARD REQUIRED
YARD REQUIRED, FRONT
YARD REQUIRED, REAR
YARD REQUIRED, SIDE
Definitions.
A use or structure on the same lot with a nature customarily
incidental and subordinate to the principal use or structure.
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]
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]
Land, including necessary buildings and structures, that
has as its principal use the raising or keeping of livestock or the
growing of crops.
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]
The equivalent of a dwelling unit contained in a multiple-family
dwelling.
[Added 9-9-1991 by L.L. No. 1-1991]
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]
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]
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]
An area from which soil, sand, gravel, or other similar material
is excavated.
[Added 5-13-2013 by L.L. No. 1-2013]
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]
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]
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]
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]
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]
Any activity that removes the vegetative surface cover.
[Added 5-13-2013 by L.L. No. 1-2013]
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]
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]
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]
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]
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]
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]
A dwelling unit.
[Added 9-9-1991 by L.L. No. 1-1991]
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]
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]
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]
The New York State Department of Environmental Conservation.
[Added 5-13-2013 by L.L. No. 1-2013]
The deliberate appropriation of property by its owner for
general public use.
[Added 5-13-2013 by L.L. No. 1-2013]
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]
Temporary storage of stormwater runoff.
[Added 5-13-2013 by L.L. No. 1-2013]
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]
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]
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]
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]
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]
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]
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]
ONE-FAMILY DWELLINGA building arranged for one dwelling unit.
TWO-FAMILY DWELLINGA building arranged for two dwelling units.
A dwelling having no party wall in common with another building.
A detached building containing three or more dwelling units.
Apartment houses are considered to be multiple-family dwellings.
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]
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]
United States Environmental Protection Agency.
[Added 5-13-2013 by L.L. No. 1-2013]
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]
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]
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]
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]
One or more persons occupying the premises and living as
a single nonprofit housekeeping unit.
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.
A building used for farming purposes. A dwelling is not a
farm structure.
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]
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]
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]
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]
A flow event where the capacity of the channel is exceeded.
[Added 5-13-2013 by L.L. No. 1-2013]
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]
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]
Any excavation, alteration of land contours, grubbing, filling
or stockpiling of earth materials.
[Added 5-13-2013 by L.L. No. 1-2013]
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]
A mobile home.
[Amended 12-12-1988 by L.L. No. 3-1988]
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 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]
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]
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]
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]
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]
The process of stormwater percolating into the subsoil.
[Added 5-13-2013 by L.L. No. 1-2013]
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.
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]
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]
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]
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]
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]
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]
Animals, including but not limited to domestic animals such
as sheep, horses, cattle and goats.
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.
The net area contained within lot lines.
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]
The line of a street on which a lot fronts or abuts.
The lot line generally opposite to the front lot line.
Any lot line not a front line or a rear lot line.
The property lines bounding a lot.
Any lot which, individually or as part of a subdivision,
has been officially recorded in the office of the Clerk of Chautauqua
County.
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]
The distance between side lot lines measured along a line
parallel to a line connecting the end points of the front lot line.
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]
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]
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]
An area of land which has been planned and improved for the
placement of two or more mobile homes.
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]
A building or a group of buildings intended or designed to
provide a series of sleeping units for the accommodation of automobile
transients.[2]
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]
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]
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]
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]
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]
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]
The main use of land or buildings as distinguished from a
subordinate or accessory use.
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]
Land development activity.
[Added 5-13-2013 by L.L. No. 1-2013]
The portion of a parcel (or parcels) on which land development
activity will occur.
[Added 5-13-2013 by L.L. No. 1-2013]
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]
The replenishment of underground water reserves.
[Added 5-13-2013 by L.L. No. 1-2013]
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]
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]
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]
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]
Soils or other surficial materials transported by surface
water as a product of erosion.
[Added 5-13-2013 by L.L. No. 1-2013]
Measures that prevent eroded sediment from leaving the site.
[Added 5-13-2013 by L.L. No. 1-2013]
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]
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]
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.
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]
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]
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]
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]
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
5% 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 90º
(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]
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;
by-products; 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]
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]
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]
The use of practices that prevent exposed soil from eroding.
[Added 5-13-2013 by L.L. No. 1-2013]
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]
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]
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]
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]
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]
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]
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]
Flow through or on the ground surface resulting from precipitation.
[Added 5-13-2013 by L.L. No. 1-2013]
As defined by the New York State Uniform Fire Prevention
and Building Code.
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]
A public or private way which affords the principal means
of access to abutting properties.
The dividing line between a lot and a street.
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]
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]
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]
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]
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]
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.
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.
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.
See "fence."
[Added 8-11-1997 by L.L. No. 4-1997]
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]
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]
Total drainage area contributing runoff to a given point
along a watercourse.
[Added 5-13-2013 by L.L. No. 1-2013]
A location where events are held, including but not limited
to weddings, parties, meetings, family reunions, and corporate events,
in exchange for compensation, at locations including, but not limited
to, tents, gazebos, barns, open areas, and residential structures.
This shall include any previously existing structures so altered,
updated, or renovated for the purposes of providing event space in
exchange for compensation. This does not include restaurants with
banquet facilities where wedding or private event facilities are accessory
to the primary restaurant use.
[Added 7-8-2019 by L.L. No. 1-2019]
Any area which meets one or more of the following criteria:
[Added 5-13-2013 by L.L. No. 1-2013]
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.
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."
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]
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.
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.
An unoccupied ground area fully open to the sky between the
rear lot line and a line drawn parallel thereto, except as otherwise
permitted.
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 repealed 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
repealed 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, Industrial and Commercial-Tourism Districts.
[Amended 4-10-2017 by L.L. No. 2-2017]
(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), which immediately
followed this subsection, as added 10-30-1986 by L.L. No. 6-1986,
was repealed 2-18-1993 by L.L. No. 1-1993.
(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; 4-10-2017 by L.L. No. 2-2017]
[1]
Commencing at a point on the easterly bounds
of County Highway No. 33, known as "Chautauqua-Stedman Road," which
point is the southwest corner of lot 19, block 1, section 297.00 of
the County Tax Map for the Town of Chautauqua; thence easterly along
the southerly bounds of said lot 19 to the southeast corner of said
lot 19; thence northeasterly along the easterly bounds of said lot
19 to the southwesterly corner of lot 23, block 1, section 297.00
of the tax map; thence southeasterly along the southerly bounds of
said lot 23 to the southeast corner of said lot 23; thence northerly
along the east bounds of said lot 23 to the southwesterly corner of
lot 25, block 1, section 297.00 of said tax map; thence southeasterly
along the southerly bounds of said lot 25 to the southeasterly corner
of said lot 25; thence northeasterly along the easterly bounds of
said lot 25 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 4, block 1, section
297.00 of the County Tax Map for the Town of Chautauqua; thence northeasterly
along said extension to the southeasterly corner of said lot 4; thence
northeasterly along the southeasterly bounds of said lot 4 to the
northeast corner of said lot 4; thence northwesterly along the northeasterly
bounds of lots 4, 5.1, and 6, block 1, section 297.00 of said tax
map to the northerly corner of said lot 6; thence southwesterly along
the northwesterly bounds of said lot 6 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 to a point where said highway bounds meet a continuation
of the northwesterly bounds of Chautauqua-Stedman Road; thence southwesterly
along the northwesterly bounds of Chautauqua-Stedman Road to a point
which is intersected by the extension northwesterly of the southwesterly
bounds of lot 19, block 1, Section 297.00 of the County Tax Map for
the Town of Chautauqua; thence southeasterly across Chautauqua-Stedman
Road along the said extension 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 also 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;
amended 4-10-2017 by L.L. No. 2-2017]
(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 Chautauqua-Stedman Road; thence southwesterly
along the northwesterly bounds of Chautauqua Stedman Road to the southeast
corner of lot 49.2, block 1, section 297.00 of the County Tax Maps
for the Town of Chautauqua; thence westerly along the southerly bounds
of said lot 49.2 to the southwest corner of said lot 49.2, which corner
is 625 feet westerly from the northwesterly bounds of Chautauqua-Stedman
Road; thence northerly and 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
as an attachment to 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.
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.