A.
Words in this chapter are normally used in their ordinary
English usage. Certain terms shall have the meanings hereinafter set
forth, except where the context clearly indicates a different meaning.
B.
Rules of construction of language. The following rules
of construction of language shall apply to the text of this chapter:
(1)
Words used in the present tense include the future
tense.
(2)
Words used in the singular include the plural, and
words used in the plural include the singular.
(3)
The word "lot" includes the word "plot" or "parcel."
(4)
The word "person" includes a firm, association, organization,
partnership, company or corporation as well as an individual.
(5)
The word "shall" is always mandatory.
(6)
The words "used" or "occupied" as applied to any land
or building shall be construed to include the words "intended, arranged
or designed to be used or occupied."
(7)
A "building" or "structure" includes any part thereof.
(8)
All words used in the singular include the plural,
and all words used in the present tense include the future tense.
As used in this chapter, the following terms
shall have the meanings indicated:
A path for motor vehicles, leading from a street or road,
to a garage or other parking area or space.
A subordinate structure located on the same lot with the
principal structure, occupied by or devoted to an accessory use. Where
an accessory structure is attached to the principal structure in a
substantial manner, as by a roof, such accessory structure shall be
considered part of the principal structure.
A use which is incidental and subordinate to the principal
use of the property, located on the same lot therewith.
A building used for infirm adults who require personal care,
supervision and services.
Any change, rearrangement or addition to or any relocation
of a building or structure; any modification in construction or equipment.
A use which is primarily intended to provide entertainment
through the use of audiovisual devices, interactive game devices,
games of skill, movie screens, closed circuit television, pool tables
and rides. Amusement enterprises, when combined with other uses, such
as a restaurant or retail sales, will be considered accessory to the
other use if the amusement enterprise occupies a maximum of 25% of
the net floor area of the business.
Any area under a roof, with or without a finished floor,
which does not meet other requirements for livable floor area.
A room or group of rooms within a detached single-family
dwelling forming a semi-independent habitable unit, which may be occupied
by elderly or disabled members of the family occupying the dwelling
for separate living, sleeping, cooking or eating purposes.
A story partly below the grade level but having at least
1/2 of its height above the average grade of the surrounding land.
Refers to the continuous frontage on one side of a street,
either between side streets or the beginning and end of a street with
frontage uninterrupted by other streets.
That portion of the lot remaining after required yards have
been provided.
Any improvement having a roof supported by columns or walls
for the housing or enclosure of persons, animals or chattels; mobile
home.
The maximum horizontal projected area measured from the exterior
of the walls of the building and its accessory building.
A building separated on all sides from the adjacent open
area or from other buildings or other structures by a permanent roof
and by exterior walls or party walls, pierced only by windows or normal
entrances or exit doors.
The vertical distance measured from the average elevation
of the proposed finished grade around the building to the highest
point of the roof for flat roofs, to the deck line for mansard roofs
and to the mean height between the eaves and the ridge for gable,
hip and gambrel roofs. For the purpose of determining height for principal
buildings, such measurements shall be made from the average finished
grade at the front setback. For the purpose of side yard or rear yard
determination, such measurement shall be made from the average finished
grade of the wall extending along such side yard or rear yard.
As defined in the New York State Uniform Fire Prevention
and Building Code.
A not-for-profit organization, not including a fraternity
or sorority house, whose premises are restricted to its members and
their guests.
A religious, governmental, scientific, literary, sporting,
educational or charitable not-for-profit organization with a principal
place of business in the Town of Cheektowaga, excluding the Villages
of Depew and Sloan and such entity's principal use is for providing
a religious, governmental, scientific, literary, sporting, educational
or charitable service to the community. Residential dwellings shall
be excluded from this definition.
[Added 3-18-2013 by L.L. No. 2-2013]
An unroofed, open space enclosed by four walls.
Same as in inner court, but with one side open to a yard.
A center for children as defined in 18 NYCRR 418.1b1.
An area of land permitted by this chapter to be developed
by a single owner or group of owners, acting jointly, which may consist
of a parcel or assembled parcels planned and developed as an entity.
A building or portion thereof designed or occupied exclusively
for residential and permitted accessory uses.
A group of two or more dwellings located on the same lot
and having any yard or open space in common.
A building or portion thereof containing three or more dwelling
units and designed or used for occupancy by three or more families
living independently of each other.
A room or group of rooms within a building forming a single
habitable unit which may be occupied by a single family for living,
sleeping, cooking and eating purposes. A dwelling unit may be attached
or detached.
An increase in floor area of an existing building, or an
increase in size of any existing structure, or an increase in the
area of land used for an existing open use, or an increase in the
number of uses on the premises.
An increase in the amount of existing floor area used for
an existing use in an existing building.
Any number of individuals living together as a single housekeeping
unit:
A single parcel of land five acres or more in size on which
an owner or tenant carries on agricultural or dairying pursuits or
the raising of livestock or poultry or the keeping of bees.
The raising of the level of lands by adding earth, gravel,
or other approved materials to the site. Filling shall not include
landscaping activities such as gardening, laying of sod and establishing
typical planting beds or lawns.
The total horizontal area of a building as outlined by its
exterior main walls, not including any space the habitation of which
is prohibited by any law, built-in or attached garages, porches or
terraces.
Dwelling maintained exclusively for members of the fraternity
or sorority enrolled in an academic college, university or other educational
institution.
A building, accessory to dwellings, used exclusively for
the parking or temporary storage of motor vehicles, boats and trailers.
See "motor vehicle and trailer repair and service establishment."
A main or accessory enclosed building with doors, other than
a private garage, used for parking or temporary storage.
The maximum horizontal area of a building at the ground level,
excluding open porches, terraces and steps and attached or built-in
garage area.
A residential facility, such as a community residence, for
mentally disabled individuals as defined by the Mental Hygiene Law
and the rules and regulations issued under this chapter; similar facilities
regulated by state or federal statutes.
Any use customarily conducted entirely within a dwelling
and carried on only by the residents thereof, and which is clearly
incidental and secondary to the use of the dwelling for living purposes
and does not change the character thereof, provided that:
Only customary home appliances are used.
There is no exterior evidence of such home occupation.
No article is sold or offered for sale except
such as may be produced by members of the family residing on the premises.
Any use first permitted and as regulated in
the NS or M Districts shall not be interpreted as being a home occupation.
The use of a portion of a residential dwelling unit by one or more resident occupants for purposes of conducting a business which is clerical in nature and does not require the exchange of tangible goods within the residence or the receiving of employees or clients at the residence. Such uses include but are not limited to data processing, telecommuting, billing services and scheduling services. Service providers whose service is provided off the residential premises and who require a portion of a dwelling for the clerical portion of their service business are also included in this definition. Adult uses as defined by § 260-37A(1)(h) are not permitted to be home offices. The establishment of a home office is permitted as of right as an accessory use within all residential zoning districts without the requirement of a special use permit to be issued by the Zoning Board of Appeals. Such office shall be clearly incidental and subordinate to the use of the premises for residential purposes. The area devoted to the home office shall not exceed 15% of the ground-floor area of the principal structure. It may be within the principal or accessory structure.
[Added 10-17-2005 by L.L. No. 4-2005]
See "motel."
A place where junk, waste, discarded or salvage materials
are bought, sold, exchanged, sorted, baled, packed, disassembled,
handled or abandoned; but not including pawnshops, antique shops,
establishments for the sale, purchase or storage of used furniture,
household equipment, clothing, used motor vehicles capable of being
registered, or machinery to be reused for the purpose for which originally
manufactured.
Any premises on which four or more dogs more than six months
old are kept. This includes facilities where dogs are boarded, trained,
raised or bred.
A parcel of land occupied or capable of being occupied by
a principal building or use or a group of principal buildings or uses
that are united by a common interest or customary accessory building
or uses, and including such open spaces to be used in connection with
such building or uses. A lot may or may not be a lot of record.
A lot at the junction of and fronting on two or more intersecting
streets.
The mean horizontal distance between the front and rear lot
lines.
A lot other than a corner lot.
Where a lot abuts upon only one street, the street line shall
be the front lot line. Where a lot abuts upon more than one street,
the assessment roll of the Town of Cheektowaga shall determine the
front lot line.
Any lot line which is opposite and more or less parallel
to the front lot line. In the case of a lot which comes to a point
at the rear, the rear lot line shall be an imaginary line, 10 feet
in length, entirely within the lot, parallel to and most distant from
the front lot line.
The property lines bounding the lot. Where any property line
parallels a street and is not coincident with the street line, the
street line shall be construed as the property line for the purposes
of complying with the area and setback regulations of this chapter.
Any lot line which is not a front lot line or a rear lot
line.
Land designated as a separate parcel on a plat map or deed
filed or recorded in the office of the Clerk of Erie County, New York.
The minimum required lot width as specified in this chapter
measured at the minimum required front yard building setback. Lots
which have curvilinear frontages shall be measured at the minimum
required front yard building setback along the tangent of the arc.
Occupancy of a building in part as a dwelling and in part
of some other use not accessory thereto.
A dwelling unit constructed to be towed on its own chassis
and undercarriage, at least 40 feet long and 10 feet wide and containing
living facilities suitable for year-round occupancy by one family,
including permanent provisions for eating, sleeping, cooking and sanitation.
Mobile homes may be located only in the RMH District.
A tract of land owned, operated and maintained by a person,
company or corporation where rental space and utilities are provided
for two or more mobile homes used for living quarters.
A building or group of buildings, whether detached or in
connected units, used as individual sleeping or dwelling units designed
primarily for transient automobile travelers and providing accessory
off-street parking facilities. The term "motel" includes buildings
designated as motor lodges, auto courts and similar appellations,
and may include a full-service restaurant.
A place where motor fuels, oil, grease, batteries, tires
and motor vehicle accessories may be supplied and dispensed at retail
and where, in addition, the following services may be rendered and
sales made:
Sales and servicing of spark plugs, batteries
and distributors and distributor parts;
Tire servicing and repair, but not recapping
or regrooving;
Replacement of mufflers and tail pipes, water
hose, fan belts, brake fluid, light bulbs, fuses, floor mats, seat
covers, windshield wipers and wiper blades, grease retainers, wheel
bearings, mirrors, and the like;
Radiator cleaning and flushing;
Washing and polishing, and the sale of automotive
washing and polishing materials;
Greasing and lubrication;
Providing and repairing of pumps and lines;
Minor servicing and repair of carburetors;
Wiring repairs;
Adjusting and repairing brakes;
Minor motor adjustments;
Sale of beverages, packaged foods, tobacco and
similar convenience goods;
Provision of road maps and other informational
material to customers; provision of restroom facilities.
A facility where motor vehicles and/or trailers are taken
for any of the following: mechanical repairs, collision/body work,
replacement of parts, servicing of systems or parts and installation
of accessories.
Any lawful building or structure or any lawful use of land,
premises, building or structure which does not conform to the regulations
of this chapter for the district in which such building, structure
or use is located either at the effective date of this chapter or
as a result of subsequent amendments thereto.
An area unobstructed by buildings from the ground upward,
except for walks, paths, landscaping or other site features in public,
common or other private ownership. Yards of individual lots occupied
by dwellings shall not constitute open space.
A parcel or parcels of land or an area of water or a combination
of land and water within the site, privately owned and designed and
intended for the use and enjoyment of two or more households residing
in the site, or in specified portions thereof, or other users if permitted
by the owners of the common open space. Common open space may contain
such structures and improvements as are necessary and appropriate
for the benefit and enjoyment of persons served by such common open
space.
A district classification superimposed in addition to another
(basic) district classification, further regulating or limiting structures
and uses otherwise permitted and regulated pursuant to the basic district
classification.
As used in this chapter, shall include, in addition to its
usual meaning, tenant, lessee, occupant or other user.
An enclosed bin, container, or structure held out to the
public for the collection of donated clothing, household items, toys
or other goods that are then collected by a religious, governmental,
scientific, literary, sporting, educational or charitable non-profit
organization and used for the advancement of said organization.
[Added 3-18-2013 by L.L. No. 2-2013]
Replacement or renewal, excluding additions, of any part
of a building, structure, device or equipment, with like or similar
materials or parts, for the purpose of maintenance of such buildings,
structure, device or equipment.
A temporary storage space for a vehicle waiting for service
or admission.
A health care professional, attorney, engineer, architect,
community planner, landscape architect, land surveyor, accountant,
insurance agent or broker, realtor, teacher and photographer only
and requiring the visitation of clients or the need to have a nonresident
employee.
[Amended 10-17-2005 by L.L. No. 4-2005]
FULL-SERVICE RESTAURANTAn eating establishment where the products sold are consumed within a completely enclosed building, where the taking out of food or drink from said building is purely incidental and where the consumption of food in vehicles on the premises where the building is located is prohibited.
DRIVE-IN RESTAURANTAn eating establishment whose customers normally arrive by motor vehicle, are provided quick-service food and drink and may retire outside to consume their purchases.
The least horizontal distance from any existing or proposed
building or structure to the nearest point in an indicated lot line
or street line.
A map or plan showing the proposed development of an area.
It shall be drawn to a scale of not less than one inch equals 50 feet
and shall include the following:
Existing conditions.
A boundary line survey of the property to be
developed, bearing the seal of a licensed surveyor or engineer.
Existing elevations of the property with a contour
interval of not more than two feet, plus existing trees over six-inch
caliper.
The location of any buildings or structures
to remain and/or to be removed.
The location of all utilities, including sanitary
and storm sewers, water, gas and electric, serving the site.
Streets on or adjacent to the tract with names,
pavement widths, rights-of-way and pertinent elevations of such items
as street pavement center line, curbs, walks, culverts, etc.
Proposed improvements.
The location of all proposed buildings and structures
showing ground-floor elevations.
The location of all proposed access drives,
pedestrian walks and off-street parking and/or loading areas.
Location and description of any fences or signs.
Lighting plan.
Planting or landscape plan.
Proposed sanitary sewage disposal plan approved
by the appropriate Town and/or county agency.
Plan for stormwater and surface drainage, including
a revised grading plan to one-foot contour intervals.
All accessory buildings and enclosures, including
dumpsters.
A community service which desires to contract with a provider
of a public donation bin.
[Added 3-18-2013 by L.L. No. 2-2013]
The portion of a building between the surfaces of a floor
and the next floor above or the ceilings next above under a roof.
A public or private way which permits conducting of vehicular
travel and/or affords a primary means of access by vehicles and pedestrians
to abutting properties, including the entire area within the right-of-way.
The term includes those ways as shown on plats filed in the office
of the Erie County Clerk, whether improved or not.
The right-of-way.
Any change in the supporting members of a building or other
structure, such as bearing walls, columns, beams or girders.
A building, gas or liquid storage tank, or anything other
than a fence constructed or erected which requires permanent location
in or on the ground or attachment to something having such location.
A subdivision map which was approved by the Town Board of
the Town of Cheektowaga and filed in the Erie County Clerk's office
20 years or more prior to the date of the requested development.
A vehicle used for living or sleeping purposes and standing
on wheels or on rigid supports.
A deck with or without a roof or railing protection, and
no enclosing elements such as insect screening or weather protection.
[Added 5-3-2004 by L.L. No. 3-2004]
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
An open space on the same lot with the building unoccupied
and unobstructed by any portion of the building from the ground upward,
except as otherwise provided in this chapter.
An open space extending the full width of the lot between
the front lot line and the building setback line as established by
this chapter.
The yard extending from the rear wall of the building to
the rear lot line across the full width of the lot.
The minimum yard required between a lot line and building
line or line of any parking, loading and stacking area or any other
use requiring a yard in order to comply with the zoning regulations
of the district in which the zoning lot is located. A yard shall be
open and unobstructed from the ground upward, except for projections
on buildings as permitted in this chapter and except for walks, landscaping
and other yard features.
An open space extending from the front yard to the rear yard
and of a width established by this chapter; the width shall be measured
at right angles to its side lot line.
