This chapter shall be known and may be cited
as the "Zoning Law of the Village of Angola, New York."
The purpose of this chapter is to promote the
health, safety, morals and general welfare of the community by regulating
and restricting the height, number of stories and size of buildings
and other structures, the percentage of lot that may be occupied,
the size of yards, courts and other open spaces, the density of population,
and the location and use of buildings, structures and land for trade,
industry, residence or other purposes in accordance with § 7-700
of the Village Law.
As used in this chapter, unless the context
or subject matter otherwise requires, the following terms shall have
the meanings indicated:
A subordinate building located on the same lot with the main
building, occupied by or devoted to an accessory use. Where an accessory
building is attached to the main building in a substantial manner,
as by a wall or roof, such accessory building shall be considered
part of the main building.
A use customarily incidental and subordinate to the main
use or building and located on the same lot therewith. In no case
shall such accessory use dominate, in area, extent or purpose, the
principal lawful use or building.
An establishment having, as a substantial or significant
portion of its stock-in-trade, books, magazines, films for sale or
viewing on the premises by use of motion-picture devices or any other
coin-operated means, and other periodicals which are distinguished
or characterized by their emphasis on matter depicting, describing
or relating to specified sexual activities or specified anatomical
areas, or an establishment with a segment or section devoted to the
sale or display of such materials.
[Added by L.L. No. 6-1980]
A public or private establishment, which is licensed to serve
food and/or alcoholic beverages, which features topless dancers, strippers,
male or female impersonators or similar entertainers.
[Added by L.L. No. 6-1980]
An enclosed building, with a capacity of fewer than 50 persons,
for presenting material distinguished or characterized by an emphasis
on matter depicting, describing or relating to specified sexual activities
or specified anatomical areas for observation by patrons therein.
[Added by L.L. No. 6-1980]
An enclosed building, with a capacity of 50 or more persons,
used regularly and routinely for presenting material having as a dominant
theme material distinguished or characterized by an emphasis on matter
depicting, describing or relating to specified sexual activities or
specified anatomical areas for observation by patrons therein.
[Added by L.L. No. 6-1980]
Any or all of the uses specified in the definitions of "adult
bookstore," "adult entertainment cabaret," "adult mini-motion-picture
theater," and "adult motion-picture theater," and any other similar
uses.
[Added by L.L. No. 6-1980]
A permanent service way providing a secondary means of access
to abutting properties.
As applied to a building or structure, a change or rearrangement
in the structural parts or in the exit facilities, or an enlargement,
whether by extending on a side or by increasing in height, or the
moving from one location or position to another.
A story partly underground and having more than 1/2 of its
height above the average level of the finished grade at the front
of the building.
A dwelling, other than a hotel or lodging house, where five
or more persons are housed or lodged for hire, with or without meals.
A structure, wholly or partially enclosed within exterior
walls, or within exterior or party walls, and a roof, affording shelter
to persons, animals or property.
The aggregate of the areas of all enclosed and roofed spaces
of the principal building and all accessory buildings. Such areas
shall be computed by using outside building dimensions measured on
a horizontal plane at ground level.
The vertical dimension, measured from the average elevation
of the finished lot grade at the front of the building to the highest
point of the roof for flat roofs, to the deckline of a mansard roof,
and to the average height between the plate and ridge of a gable,
hip or gambrel roof.
A line formed by the intersection of a horizontal plane at
average grade level and a vertical plane that coincides with the exterior
surface of the building on any side. In case of a cantilevered section
of a building or projected roof or porch, the vertical plane will
coincide with the most projected surface. All yard requirements are
measured to the building line.
A building or buildings in which is conducted the main or
principal use of the lot on which said building is situated.
A story partly underground and having more than 1/2 of its
clear height below the average level of the finished grade at the
front of the building.
A certificate issued by the Code Enforcement Officer upon
completion of construction, alteration or change in occupancy or use
of a building. Said certificate shall acknowledge compliance with
all the requirements of this chapter and such adjustments thereto
granted by the Board of Appeals.
A nonprofit social organization whose premises are restricted
to its members and their guests.
A development of residential lots, each containing less area
than the minimum lot area required for the zoning district within
which such development occurs but maintaining the density limitation
imposed by said minimum lot area through the provision of open space
as a part of the subdivision plan.
The officially established grade of the curb in front of
the midpoint of the lot.
A building or portion thereof used exclusively as the residence
or sleeping place of one or more persons.
A dwelling having no party wall in common with another building.
A building or portion thereof containing three or more dwelling
units and used for occupancy by three or more families living independently
of each other.
A building or dwelling unit designed for or occupied exclusively
by one or more persons living as a single, nonprofit housekeeping
unit.
A row of attached or semidetached one-family dwellings or
two-family dwellings containing a total of three or more dwelling
units, or a building in such a row.
Any building or premises occupied by three or more persons
not related to the owner, lessee or operator by blood, marriage or
adoption, who, upon their release as patients from any recognized
mental institution, treatment ward for alcoholism, treatment center
for narcotic addicts or as an inmate of any correctional penal institution,
use such building or premises as living facilities in order to secure
noninstitutionalized care in their attempt to re-enter society as
healthy, happy and useful human beings. The operator must reside at
such premises.
A building containing two dwelling units and used exclusively
for occupancy by two families living independently of each other,
or two one-family dwellings having a party wall in common.
One or more rooms providing living facilities for one family,
including equipment for cooking, living and sleeping purposes and
provisions for the same.
One or more persons, related by birth, marriage or other
domestic bond, occupying a dwelling unit and living as a single, nonprofit
housekeeping unit.
Any parcel containing 10 acres or more of land which is used
for gain in the raising of agricultural products, including crops,
livestock, poultry, or dairy products.
Any building used for the housing of agricultural equipment,
produce, livestock, or poultry or for the incidental or customary
processing of farm products, provided that such building is located
on, operated in conjunction with, and necessary to the operation of
the farm, as defined by this section. The term "farm building" shall
not include farm dwelling.
An artificially constructed barrier of wood, masonry, stone,
wire, metal, or any other manufactured material or combination of
materials erected for the enclosure of yard areas.
Liquids having a flash point below 200° F., closed-cup
tester. Class I flammable liquids (e.g., gasoline, ether, liquid petroleum
gas) are those having a flash point below 25° F. Class II flammable
liquids are those having a flash point below 70° F. but not below
25° F.
The sum of the gross horizontal areas of the floor or floors
of a building which are enclosed and usable for human occupancy or
the conduct of business. Said areas shall be measured between the
inside face of exterior walls or from the center line of walls separating
two uses. Said areas shall not include areas below the average level
of the adjoining ground, garage space, or accessory building space.
A secondary building used in conjunction with a primary building
which provides for the storage of motor vehicles and in which no occupation,
business or service for profit is carried on.
Any garage, other than a private garage, available to the
public, operated for gain, and which is used for storage, repair,
rental, servicing or equipping of automobiles or other motor vehicles.
A building, or more, usually a group of buildings, usually
two to three stories in height, with its primary function being the
containment of housing units surrounded by open or garden space and
containing parking within the limits of the lot.[1]
Any occupation carried on as a subordinate use by a member
of the family residing on the premises of a residential lot.
The office of a member of a recognized profession when conducted
on residential property. Such occupations shall include but not be
limited to those of doctors, lawyers, architects, engineers, artists,
ministers and other recognized professional persons.
An area, lot or unenclosed shed where junk, waste, or discarded
or salvaged materials are bought, sold, exchanged, sorted, baled,
packed, disassembled, handled or abandoned, including auto-wrecking
or -dismantling yards, house-wrecking yards, used-lumber yards, and
places or yards for use of salvaged house-wrecking and structural
steel materials and equipment; but not including pawn shops and establishments
for the sale, purchase or storage of used furniture, household equipment
and clothing, for the processing of used, discarded or salvaged materials
as part of manufacturing operations, or for the sale, purchase or
storage of used motor vehicles or salvaged machinery to be reused
for the purposes for which originally manufactured.
Any premises on which four or more dogs over four months
of age are kept.
A parcel of land considered as a unit, devoted to a certain
use or occupied by a building or a group of buildings that are united
by a common interest or use, and the customary accessories and open
spaces belonging to the same. A lot, within the meaning of this chapter,
may or may not be a lot as shown on a subdivision plat or assessment
record.
An area of land which is determined by the limits of the
lot lines bounding that area and expressed in terms of square feet
or acres. Any portion of a lot included in a public street right-of-way
shall not be included in calculating lot area.
A parcel of land at the junction of and fronting on two or
more intersecting streets.
The horizontal distance between the front and rear lot lines,
measured at right angles to the front lot line.
A lot other than a corner lot.
The property lines bounding the lot. In the case of a lot
abutting on more than one street, the owner may elect any street lot
line the front lot line. The rear line shall be the lot line most
distant from the front lot line.
An interior lot having frontage on two parallel or approximately
parallel streets.
The horizontal distance between the side lot lines, measured
at right angles to its depth at the building line.
A factory-built, single-family structure that meets the Federal
Manufactured Home Construction and Safety Standards Act (42 U.S.C.
§ 5401), commonly known as the HUD (U.S. Department of Housing
and Urban Development) Code.
[Added 12-10-2018 by L.L.
No. 6-2018]
A building which, in its design or location upon a lot, does
not conform to the regulations of this chapter or any subsequent amendment
for the zoning district in which it is located.
A lot of record, existing at the date of the passage of this
chapter or any subsequent amendment, which does not have the minimum
width or contain the minimum area for the zoning district in which
it is located.
Any use of any building, structure, or land existing at the
time of enactment of this chapter which does not conform to the use
regulations of the district in which it is situated.
A cluster development consisting of a minimum of 250 homes,
plus business uses as described herein.[2]
A map, plan or layout of a section or subdivision of the
Village, indicating the location and boundaries of individual properties.
The main use to which a building or lot is to be used.
Any establishment, however designated, at which food is sold
for consumption on the premises to patrons seated within an enclosed
building or elsewhere on the premises. However, a snack bar or refreshment
stand at a public, semipublic or community swimming pool, playground,
playfield or park operated by the agency or group or an approved vendor
operating the recreational facilities for the convenience of the patrons
of the facility shall not be deemed to be a restaurant.
The line determining the street or highway public limit or
ownership.
Any building, structure or land used primarily for the dispersing,
sale or offering for sale of automotive fuels, oils or accessories,
including lubrication of automobiles and replacement or installation
of minor parts and accessories, but not including major repair work,
such as motor replacement or rebuilding, body and fender repair or
painting.
The area defined by the frame or edge of a sign. Where there
is no geometric frame or edge of the sign, the area shall be defined
by a projected, enclosed, four-sided (straight sides) geometric shape
which most closely outlines the said sign.
Any advertising display on which is shown any advertisement
for products or businesses other than those which are sold or have
occupancy on that lot or parcel of land.
A sign shall be deemed to be any advertising display on which
is shown the products sold, the name of the enterprise located on
that lot or parcel of land, or any other wording which reflects directly
upon any on-site business or other usage thereof.
A plan of a lot or subdivision on which is shown topography,
the location of all buildings, structures, roads, and right-of-way,
boundaries, all essential dimensions and bearings and any other information
deemed necessary by the Zoning Board of Appeals.
[Amended 6-14-2021 by L.L. No. 3-2021]
See "dwelling, special-placement."
[Added by L.L. No. 6-1980]
[Added by L.L. No. 6-1980]
That portion of a building between the surface of any floor
and the surface of the floor next above; also any portion of a building
used for human occupancy between the topmost floor and the roof. For
purposes of height measurement, in determining the permissible number
of stories, a basement shall be counted, but a cellar shall not be
counted.
A story under a gable, hip or gambrel roof, the wall plates
of which, on at least two opposite exterior walls, are not more than
two feet above the floor of such story.
A public or private thoroughfare which affords the principal
means of access to abutting property.
That line determining the limit of the highway rights of
the public, either existing or contemplated.
Any change in the supporting members of a building or structure,
such as bearing walls, columns, beams or girders.
Anything constructed or erected which requires permanent
location on the ground or attachment to something having such location.
A swimming pool operated as a secondary use to a residential
dwelling unit or units and located on an individual residential lot.
A public or privately owned pool open to the general public
or on a membership basis and having appropriate dressing room facilities,
recreation facilities and off-street parking area.
An activity, conducted for a specific limited period of time,
which may not otherwise be permitted by the provisions of this chapter.
Examples of such uses are buildings incidental to new construction
which are removed after the completion of the construction work.
A private, owner-occupied, residential dwelling in which
overnight accommodations are provided or offered for not more than
10 tourists and transient guest for compensation, with or without
the inclusion of one morning meal. This use is subordination and incidental
to the main residential use of the dwelling.
[Added 5-12-2008 by L.L. No. 1-2008]
The specific purposes for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
An open space extending the full width of the lot between
a main building and the front lot line, unoccupied and unobstructed
by buildings or structures from the ground upward, the depth of which
shall be the least distance between the front lot line and the front
of such main building.
An open space extending the full width of a lot between the
rearmost main building and the rear lot line, unoccupied and unobstructed
by buildings or structures from the ground upward, except as hereinafter
specified, the depth of which shall be the least distance between
the rear lot line and the rear of such main building.
An open space extending from the front yard to the rear yard
between any building and the side lot line, unoccupied and unobstructed
by buildings or structures from the ground upward. The required width
of side yards shall be measured horizontally from the nearest point
of the side lot line to the nearest part of any building.
The officially established Board of Appeals of the Village
of Angola.
A permit issued by the Code Enforcement Officer stating that
the purpose for which a building or land is to be used is in conformity
with the uses permitted and all other requirements under this chapter
for the zoning district in which it is located or is to be located.
