Words used in the present tense include the
future; the singular number includes the plural; and the plural, the
singular; the word "lot" includes the word "plot"; the word "building"
includes the word "structure"; the word "occupied" includes the words
"designed or intended to be occupied"; the word "used" includes the
words "arranged, designed or intended to be used"; the word "shall"
is always mandatory.
The following words, terms and phrases as used
in this chapter are defined as follows:
A building which is subordinate or accessory to a main building
on the same lot and which in any residential district is not available
to the public, excluding truck bodies, trailers, mobile homes or anything
similar to a vehicle, whether on a permanent foundation or not.
[Amended 4-13-1983 by L.L. No. 1-1983]
As applied to a building or a structure, a substantive structural
change or rearrangement in the structure parts or an enlargement,
whether by extending on a side, increasing in height or the moving
from one location to another.
A structure for the care and treatment of animals.
[Added 9-16-1992 by L.L. No. 2-1992]
A story partly underground but having less than half of its
clear height below grade.
A dwelling which contains sleeping accommodations for more
than two but not more than eight persons who are not members of a
family as defined in this article. The term "rooming house" shall
be deemed to include lodging house and "boardinghouse," but not hotel
or any accommodations for transient occupancy.
[Added 9-16-1992 by L.L. No. 2-1992]
Anything upon a lot resting upon a support or foundation
and shall include any structure other than fence, sidewalk or driveway,
but shall not include mobile homes.
[Amended 9-27-1978 by L.L. No. 3-1978]
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 place at ground level. All dimensions shall be measured
between the exterior face of walls with the exception of side yards,
which shall be measured from roofline to lot line.
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof for flat roofs, to the deckline of mansard
roofs and the mean height between eaves and ridge for gable, hip and
gambrel roofs, provided that chimneys, spires, towers, elevator penthouses,
tanks and similar projections shall not be included in the height.
A line parallel to the street line, between which line and
the street line no building may be built.
The distance between the main walls of a building at right
angles to the length and measurement through the widest part of the
building.
A single parcel of land which has been planned or improved
for the placement of recreational vehicles and/or tents for transient
use.
[Added 9-16-1992 by L.L. No. 2-1992]
Health camps and/or parks, playgrounds or municipal recreation
facilities when authorized as a special exception by the Board of
Appeals as hereinafter provided.
A structure either attached to an existing building or freestanding
which shall consist of a roof and the necessary supports with not
more than two closed sides.
A story having more than 1/2 of its height below the mean
level of the adjoining ground. A "cellar" shall not be considered
a story for purposes of height measurement in determining the permissible
number of stories.
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.
[Amended 9-16-1992 by L.L. No. 2-1992]
A development of residential lots, each containing less area
than the minimum lot area required for the zone 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 approved Code Enforcement Officer of the Town
of Brant.
[Amended 9-16-1992 by L.L. No. 2-1992]
Any building used for camping or seasonal occupancy.
The keeping of more than three dogs that are more than six
months old.
[Amended 9-16-1992 by L.L. No. 2-1992]
A building used as the living quarters for one or more families,
but not including a boardinghouse or rooming house, hotel, lodging
house, motel or mobile home.
[Amended 9-27-1978 by L.L. No. 3-1978]
Two or more single or duplex dwellings separated from each
other by a party wall without openings or passages.
A dwelling, all parts of which are accessible from one main
entrance.
A building arranged, intended or designed to be occupied
by three or more families living independently of each other.
[Amended 9-16-1992 by L.L. No. 2-1992]
A detached building arranged, intended or designed for residence
use only and for occupancy by one family only.
[Amended 9-16-1992 by L.L. No. 2-1992]
A building arranged or designed for the residence use only
and for occupancy by not more than two families living independently
of each other.
Any number of individuals related by blood, marriage or adoption,
or not more than four persons who are not so related, living together
as a single housekeeping unit, using rooms and housekeeping facilities
in common and having such meals as they may eat at home generally
prepared and eaten together.
[Amended 9-16-1992 by L.L. No. 2-1992]
A commercial horticulture, agricultural or animal husbandry
operation on five or more acres of land and comprising sales of $1,000
or more per annum.
Any use of land or buildings customarily a part of farm or
agricultural pursuits, including the housing of farm animals, except
fur-bearing animals, the repair of equipment used in the farming operations
and the sale of farm products where such is clearly incidental to
the overall use of the premises as a farm.
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 garage maintained primarily for the convenience of the
resident occupant of the premises and in which no business is carried
on and no service rendered to the public.
Any garage, other than a private garage, operated for gain
for the repair, rental, greasing, washing, servicing, adjusting or
equipping of automobiles or other motor vehicles.
See "motor vehicle service or filling station."
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.
A building operated for transient and more or less permanent
occupancy by several individuals and providing dining rooms for its
patrons.
Any place where any type of junk, waste, and/or discarded
or salvaged materials, equipment, machinery or parts of any sort are
located, stored, bought, sold, exchanged, sorted, baled, packed, disassembled,
handled or abandoned. Includes automobile junkyards as defined in
General Municipal Law § 136. The term “junkyard”
is not intended to include:
[Amended 10-11-1977; 4-12-1988 by L.L. No. 1-1988; 10-10-2006 by L.L. No.
4-2006]
Pawn shops;
Antique shops; or
Establishments otherwise properly zoned, permitted
and licensed for the sale or storage of used motor vehicles which
are operable and capable of being currently registered and passing
inspection or used machinery which is operable and capable of being
currently used for the purpose for which it was originally manufactured.
A parcel of land considered as a unit, devoted to a certain
use or occupied by a building or 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 plot, assessment
record or recorded deed.
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 lot at the junction of and abutting on two or more intersecting
streets, having a front yard abutting each intersecting street.
The mean distance between its main street line and its main
rear line.
[Amended 9-16-1992 by L.L. No. 2-1992]
The property lines bounding the lot. The front lot line shall
be the right-of-way line of the street or highway giving access to
the lot. In the case of a corner lot, the owner may designate either
street lot line as the front lot line. The rear lot line shall be
the lot line most distant from the front lot line.
Any open space used for the temporary parking of motor vehicles.
Any lot which runs through from one street to another street,
not an alley. Such a lot is considered as having two street frontages,
each of which is subject to the front yard requirements prescribed
in this chapter.
The least horizontal distance across the lot between side
lot lines measured at the front of a main building erected or to be
erected on such lot or at a distance from the front lot line equal
to the required depth of the front yard.
Any vehicle, vehicles or combination thereof used, designed
for use or capable of being used for sleeping or living quarters for
one or more persons for year-round occupancy, designed to be moved
from one location to another by means of wheels affixed to an axle
or carriage affixed to the vehicle, whether propelled by its own power
or by the power of another vehicle to which it may be attached and
whether the axle or carriage to which the wheels may be affixed are
detachable or detached and irrespective of the name or title assigned
or designated by the manufacturer of the unit or any other persons
and containing the same water supply, waste disposal and electrical
conveniences as immobile housing. Any unit 20 feet or less in width
shall be permitted only in mobile home courts.
[Amended 9-16-1992 by L.L. No. 2-1992]
A single-family dwelling meeting all floor area, health and
construction requirements of zoning and other Town, county and state
codes, the major components of which dwelling are assembled off-site,
intended to be permanently affixed and actually so affixed to a permanent
foundation with no intent to be moved as a unit or components thereof
to any other site.
A building or group of buildings used primarily as sleeping
or living quarters for transient automobile travelers and providing
for accessory off-street parking but with no cooking facilities except
in a restaurant or caretaker's unit. The term includes auto courts,
cabin courts, motor lodges, tourist courts and similar appellations,
but not trailer camps.
Any area of land, including structures thereon, that is used
or designed to be used for the supply of gasoline or oil or other
fuel for the propulsion of motor vehicles and which may include facilities
used or designed to be used for polishing, greasing, washing, spraying,
painting, dry cleaning or otherwise cleaning or servicing such motor
vehicles.
Lawful occupancy of a structure or land by a use or activity
which was lawful prior to the adoption or amendment of this Zoning
Ordinance, but which fails to conform to the requirements of the zoning
district in which it is located by reason of such adoption or amendment.
[Amended 9-16-1992 by L.L. No. 2-1992]
Use of a building or part of a building for nursing care
of two or more persons not related to the operators by family ties
and for compensation.
An unobstructed area having access to a street suitable for
the loading or unloading of motor transport vehicles with minimum
dimensions of 12 feet in height, 10 feet in width and 50 feet in depth.
An unobstructed area having access to a street suitable for
the parking of passenger motor vehicles and with minimum dimensions
of 10 feet in width and 20 feet in depth.
An office, store or other place of business catering to the
personal needs of a customer, such as normally conducted by a barber,
beautician, tailor or dressmaker.
A dwelling or building for occupancy in the whole by one
or more families.
That space within four walls used or designed to be used
in whole or in part for human habitation, or part of the residence
of one or more human beings.
Any device, structure or object for visual communication
that is used for the purpose of bringing the subject thereof to the
attention of others, but not including any flag, badge or insignia
of any public, quasi-public, civic, charitable or religious groups
and not including signs placed or erected by the Town of Brant, the
County of Erie or the State of New York for the purpose of showing
street names, traffic directions or regulations or for other public
purposes or street numbers placed or affixed to buildings.
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 said sign.
A plan of a lot or subdivision on which is shown topography,
locations of all buildings, structures, roads, rights-of-way, boundaries,
all essential dimensions and bearings information required in the
Land Subdivision Ordinance[1] and any other information deemed necessary by the Planning
Board.
One that deals with permitted uses, but certain extenuating
circumstances may require added considerations after application has
been made. Such considerations require a public hearing and appropriate
action by the Planning and Town Boards.
That portion of a building between the surface of any floor
and the surface of the floor next or if there is no floor above it,
then the space between any floor and ceiling next above it. A basement
shall be counted as a "story," for purposes of height measurement,
if the ceiling is more than five feet above the average adjoining
ground level. A half story under a sloping roof, having a ceiling
height of seven feet or more or not exceeding 1/2 of the floor area
of the uppermost full story in the building shall constitute a "story."
[Amended 9-16-1992 by L.L. No. 2-1992]
A public or private thoroughfare which affords the principal
means of access to abutting property.
The officially established grade of the street upon which
a lot fronts or, in its absence, the established grade of the other
street upon which the lot abuts at the midpoint of the frontage of
the lot thereon. If there is no officially established grade, the
existing grade of the street at such midpoint shall be taken as the
"street grade."
The center line of the particular highway upon which property
involving need for a permit is located.
[Amended 5-11-1976]
The right-angle distance between the two street lines of
an alley, street, avenue or boulevard.
Anything constructed or erected which requires permanent
location on a lot or attachment to something having such location.
[Amended 9-16-1992 by L.L. No. 2-1992]
Any change in the supporting members of a building or other
structure, such as bearing walls, columns, beams or girders.
A dwelling in which overnight accommodations are provided
or offered for transient guests for compensation.
The purpose for which a building, structure or premises or
any part thereof is or are occupied or, if unoccupied, the purpose
for which they may be occupied hereunder.
An authorization for the construction or maintenance of a
building or structure or for the establishment or maintenance of a
use of land which is prohibited by this Zoning Law.
The space between a building and a lot line.
A yard between the front line of a building and the street
line of a lot, but it may include the following attached portions
of the building: unenclosed porches not over eight feet wide, steps,
open platforms or terraces, railing and balconies.
An open space lying between the rear lot line and rear main
wall of a building and running entirely across the lot to the two
side lot lines.
An open space lying between a side lot line and a roofline
of a building and running from the front lot line or yard to the rear
lot line or yard.
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 zone in which it is located or is to be located.
[Amended 9-16-1992 by L.L. No. 2-1992]
