A.Â
Word usage.
(1)Â
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.
(2)Â
The word "shall" is mandatory; the word "may" is permissive;
"should" is to be interpreted as expressing that which is essential.
(3)Â
All words used in the singular include the plural,
and all words used in the present tense include the future tense.
B.Â
ACCESSORY STRUCTURE
AGRICULTURAL ACTIVITY or PRACTICE
ACCESSORY USE
AGRICULTURAL ADVISORY COMMITTEE
AIRPORT
ALTERATION
ANIMAL GROOMING, ANIMAL HOSPITAL or VETERINARIAN
APPLICANT
BASEMENT
BED-AND-BREAKFAST ESTABLISHMENT
BOARD OF APPEALS
BUFFER
BUILDABLE AREA
BUILDING
BUILDING AREA
BUILDING HEIGHT
BUILDING OR FRONT SETBACK LINE
CELLAR
CHANNEL
CLEARING
CLERK
CLUB, PRIVATE
CLUSTER DEVELOPMENT
CODE ENFORCEMENT OFFICER; also referred to as the BUILDING INSPECTOR
CONVENIENCE STORE
CORNER LOT
COUNTY
COURT, INNER
COURT, OUTER
CROPS, LIVESTOCK AND LIVESTOCK PRODUCTS
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
(6)Â
(7)Â
(8)Â
(9)Â
(10)Â
DEDICATION
DEPARTMENT
DESIGN MANUAL
DEVELOPER
DEVELOPMENT AREA
DOG DAY-CARE FACILITY
DWELLING
DWELLING, ATTACHED
DWELLING, DETACHED
DWELLING, MULTIFAMILY
DWELLING, SINGLE-FAMILY
DWELLING, TWO-FAMILY
DWELLING UNIT
EASEMENT
ENGINEER
ENLARGEMENT
EROSION CONTROL MANUAL
EXTENSION
FAMILY
FARM
FENCE
FLOOR AREA
FRANCHISED DEALER
GAME ROOM
GARAGE, PRIVATE
GARAGE, REPAIR
GARAGE, STORAGE
GASOLINE, MOTOR FUEL SERVICE STATION
(1)Â
(a)Â
(b)Â
(c)Â
(d)Â
(e)Â
(f)Â
(g)Â
(h)Â
(i)Â
(j)Â
(k)Â
(l)Â
(m)Â
(2)Â
GRADING
GROUND-FLOOR AREA
GROUP DEVELOPMENT
HOTEL
IMPERVIOUS COVER
INDUSTRIAL STORMWATER PERMIT
INFILTRATION
INTERIOR LOT
JUNKYARD
JURISDICTIONAL WETLAND
KENNEL
(1)Â
(2)Â
LAND DEVELOPMENT ACTIVITY
LANDOWNER
LANDSCAPED AREA
LAW
LICENSED PROFESSIONAL
LOT
LOT AREA
LOT COVERAGE
LOT DEPTH
LOT LINE
LOT OF RECORD
LOT WIDTH
LWA
LWRP
MAINTENANCE AGREEMENT
MANUFACTURED HOME
MARINA
MOTEL
NONCONFORMING
NONPOINT SOURCE POLLUTION
NURSERY
OPEN SPACE
OPEN SPACE, COMMON
OWNER
PARKING AREA
PERSON
PHASING
PLANNING BOARD
POLLUTANT OF CONCERN
POND[6]
PROJECT
PROPERTY LINE
QUARRY, SANDPIT OR GRAVEL PIT
RECHARGE
RESIDENT PROFESSIONAL
RIDING ACADEMY
RIGHT TO FARM
RUNOFF
SCREENING
SEDIMENT CONTROL
SENSITIVE AREAS
SHALL
SHOULD
SIGN
SIGN, ABANDONED
SIGN, A-FRAME
SIGN, AWNING
SIGN, BANNER
SIGN, BILLBOARD
SIGN, BUILDING
SIGN, CHANGEABLE COPY
SIGN, ELECTRONIC VARIABLE MESSAGE
SIGN FACE AREA
SIGN, FASCIA
SIGN, FREESTANDING
SIGN, GROUND
SIGN, MANUAL CHANGEABLE MESSAGE
SIGN MEMBER
SIGN, MONUMENT
SIGN, POLE
SIGN, ROOF
SIGN SUPPORT STRUCTURE
SIGN, TEMPORARY
SIGN, UNDER-CANOPY
SITE
SITE PLAN
SOLAR ENERGY SYSTEM
SOLAR SKYSPACE
SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP-02-01
SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL
SEPARATE STORMWATER SEWER SYSTEMS GP-02-02
STABILIZATION
STABLE
STOP-WORK ORDER
STORMWATER
STORMWATER MANAGEMENT
STORMWATER MANAGEMENT FACILITY
STORMWATER MANAGEMENT OFFICER (SMO)
STORMWATER MANAGEMENT PRACTICES (SMPs)
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
STORMWATER RUNOFF
STORY
STREET
STREET GRADE
STREET LINE
STRUCTURE
SUMMER COTTAGE/VACATION HOME
SURFACE WATERS OF THE STATE OF NEW YORK
SWIMMING POOL
THROUGH LOT
TOURIST HOME
TOWN
TOWN BOARD
TOWN CODE
TOWNHOUSE
USE
USED OR OCCUPIED
WATERCOURSE
WATERWAY
YARD
YARD, FRONT
YARD, REAR
YARD, REQUIRED
YARD, SIDE
ZONING OFFICER
As used in this chapter, the following terms shall
have the meanings indicated:
A subordinate structure, located on the same lot with the
principal structure, occupied or devoted to an accessory use. Where
an "accessory structure" is attached to the principal structure in
a substantial manner, such as by a roof, such "accessory structure"
shall be considered part of the principal structure.
All activities conducted by a farmer on a farm to produce
agricultural products and which are inherent and necessary to the
operation of a farm and on-farm production, processing, and marketing
of agricultural products, including but not limited to the collection,
transportation, distribution, storage, and land application of animal
wastes; storage, transportation, and use of equipment for tillage,
planting, harvesting, irrigation, fertilization, and government-certified
pesticide application; storage and use of legally permitted fertilizers,
limes and pesticides, all in accordance with local, state and federal
law and regulations and in accordance with manufacturers' instructions
and warnings; storage, use and application of animal feed and foodstuffs;
construction and use of farm structures and facilities for the storage
of animal wastes, farm equipment, pesticides, fertilizers, agricultural
products and livestock, for the sale of agricultural products, and
for the use of farm labor, as permitted by local and state building
codes and regulations, including the construction and maintenance
of fences.
[Added 12-19-2007 by L.L. No. 6-2007; amended 5-26-2010 by L.L. No. 1-2010]
A use which is incidental, subordinate and related to the
principal use of the property, located on the same lot therewith.
A facility for the landing, storage and service of two or
more aircraft.
A change, rearrangement or addition to, or any relocation
of, a building or structure; any modification in construction or equipment.
An animal grooming facility, animal hospital or veterinarian
is permitted in accordance with the GB District, provided that all
activity associated with the operation shall take place within a completely
enclosed building.
[Added 7-17-2019 by L.L.
No. 7-2019]
A property owner or agent of a property owner who has filed
an application for a land development activity.
[Added 12-19-2007 by L.L. No. 6-2007]
A story partly below the grade level but having at least
1/2 of its height above the average grade of the surrounding land.
See "tourist home."
[Added 5-17-2000 by L.L. No. 5-2000]
The Zoning Board of Appeals of the Town of Evans, New York.
[Amended 5-26-2010 by L.L. No. 1-2010]
A strip of land required to separate different land uses
from each other in order to eliminate or minimize potential nuisances
such as dirt, litter, noise, glare of lights, signs and unsightly
buildings or parking areas or to provide spacing to reduce adverse
impacts of noise, odor or danger from fires or explosions.
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; a mobile
home.
The maximum horizontal projected area measured from the exterior
walls of the building and its accessory building.
The vertical distance from the finished grade line at the
foundation to the midpoint of the roof gable or midline.
[1]A line parallel to the right-of-way street line, between
which line and the street right-of-way no building may be built.
A space with less than 1/2 of its height above the average
grade of the surrounding land.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
[Added 12-19-2007 by L.L. No. 6-2007]
Any activity that removes the vegetative surface cover.
[Added 12-19-2007 by L.L. No. 6-2007]
The Town Clerk of Evans, New York.
A not-for-profit organization, not including a fraternity
or sorority house, whose premises are restricted to its members and
their guests.
A subdivision in which minimum lot areas and minimum lot
dimensions may be reduced by a specific amount, provided that there
is no increase in overall density.
The Code Enforcement Officer of the Town of Evans and his
designated deputies or assistants; also referred to as the “Building
Inspector.”
[Added 11-1-2006 by L.L. No. 10-2006]
A retail establishment of up to 5,000 square feet selling
primarily food products, household items, newspapers and magazines,
candy, beverages and a limited amount of freshly prepared foods such
as sandwiches and salads for off-premises consumption.
[Added 1-16-2013 by L.L. No. 1-2013]
A parcel of land having lot lines at the junction of two
or more streets or having lot lines on the same street forming an
interior angle of intersection of not more than 135°.
Erie County, New York.
An unroofed, open space enclosed by four walls.
Same as "inner court" but with one side open to a yard.
Shall include but not be limited to:
[Added 5-26-2010 by L.L. No. 1-2010]
Field crops, such as corn, wheat, oats, rye, barley, hay, potatoes
and dry beans;
Fruits, such as apples, peaches, grapes, cherries and berries;
Vegetables, such as tomatoes, snap beans, cabbage, carrots,
beets and onions;
Horticultural specialties, including nursery stock, ornamental
shrubs, ornamental trees and flowers;
Livestock, such as cattle, bulls, sheep, swine, goats, horses,
donkeys, mules, ponies, farmed deer, llamas, buffalo, fur-bearing
animals, and ratites (e.g., ostrich, emus, rheas and kiwis);
Poultry, such as all domesticated and semidomesticated edible
fowl, e.g., chickens, turkeys, ducks, guinea fowl, pheasant and pigeons;
Maple sap;
Christmas trees derived from a managed Christmas tree farm operation,
whether dug for transplanting or cut from the stump;
Aquaculture products, such as fish, fish products, water plants
and shellfish; and
Woody biomass, which means short-rotation woody crops raised
for bioenergy or retail merchandising and woodland products.
The deliberate appropriation of property by its owner for
general public use.
[Added 12-19-2007 by L.L. No. 6-2007]
The New York State Department of Environmental Conservation.
[Added 12-19-2007 by L.L. No. 6-2007]
The New York State Stormwater Management Design Manual (New
York State Department of Environmental Conservation), most recent
version or its successor, including applicable updates, which serves
as the official guide for stormwater management principles, methods
and practices.
[Added 12-19-2007 by L.L. No. 6-2007]
A person who undertakes land development activities.
[Added 12-19-2007 by L.L. No. 6-2007]
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 commercial facility for the supervised care and socialization
of dogs, not to include facilities that provide overnight boarding,
breeding or selling of dogs, or facilities whose primary source of
revenue is licensed veterinarian services.
[Added 7-17-2019 by L.L.
No. 7-2019]
A building or portion thereof designed or occupied exclusively
for residential and permitted accessory uses.
A one-family dwelling attached to two or more one-family
dwellings by common vertical walls.
A dwelling which is not attached to any other dwelling by
any means.
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 building consisting of one dwelling unit.
A building consisting of two dwelling units.
A room or group of rooms within a building forming a single
inhabited unit which may be occupied by a single family for living,
sleeping, cooking and eating purposes. A “dwelling unit”
may be attached or detached.
[Amended 5-26-2010 by L.L. No. 1-2010]
A vested or acquired right to use land for a specific purpose,
such right held by someone other than the property owner.
[Added 5-26-2010 by L.L. No. 1-2010]
The Town Engineer of Evans, New York.
An increase in floor area of an existing building or an increase
in size of an existing structure or an increase in the area of land
used for an existing open use.
The New York Standards and Specifications for Erosion and
Sediment Control (Empire State Chapter of the Soil and Water Conservation
Society, 2004), most current version or its successor, commonly known
as the "Blue Book."
[Added 12-19-2007 by L.L. No. 6-2007]
An increase in the amount of existing floor area used for
an existing use in an existing building.
Any number of individuals related by blood, marriage or adoption,
or not more than three individuals who are not so related, living
together as a single housekeeping unit.
The land, buildings, farm residential buildings, and machinery
used in the production of agricultural products, whether for profit
or otherwise.[2]
[Amended 5-26-2010 by L.L. No. 1-2010]
An artificially constructed barrier of any material or combination
of materials erected to enclose, screen, or separate areas.
[Amended 5-26-2010 by L.L. No. 1-2010]
The total horizontal area of a building as outlined by its
exterior walls. "Floor area" shall not include any space the habitation
of which is prohibited by any law, built-in or attached garages, porches
or terraces.
A person holding a current franchise for the sale and servicing
of new products, to include cars, trailers, boats and similar items.
A building or place containing four or more amusement games.
A building, accessory to dwellings, used exclusively for
the parking or temporary storage of motor vehicles, boats and trailers.
A main or accessory building used or designed for motor vehicle
repair purposes; a service garage if accessory to an automobile salesroom.
A main or accessory enclosed building with doors, other than
a private garage, used for parking or temporary storage.
A place where gasoline, motor fuel and/or oil,
grease, batteries, tires and motor vehicle accessories may be sold,
supplied or dispensed at retail and where, in addition, the following
services may be rendered and sales made:
Sales and servicing of spark plugs, batteries,
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 wipes and wiper blades, grease retainers, wheel
bearings, mirrors and the like.
Radiator cleaning and flushing.
Washing and polishing and 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 and provision of restroom facilities.
Uses permissible at a "service station" do not
include major mechanical and body work, straightening of body parts,
painting, welding or storage of automobiles not in operating condition.
A "service station" is not a repair garage nor a body shop.
Excavation or fill of material, including the resulting conditions
thereof.
[Added 12-19-2007 by L.L. No. 6-2007]
The maximum horizontal area of a building at the ground level,
excluding open porches, terraces, steps and attached or built-in garage
areas.
A building containing rooms intended or designed to be used
or which are used, rented or hired out to be occupied or which are
occupied for sleeping purposes by guests and where only a general
kitchen and dining room are provided within the building or in an
accessory building.
Those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snowmelt and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc.).
[Added 12-19-2007 by L.L. No. 6-2007]
A State Pollutant Discharge Elimination System (SPDES) 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 12-19-2007 by L.L. No. 6-2007]
The process of percolating stormwater into the subsoil.
[Added 12-19-2007 by L.L. No. 6-2007]
A lot other than a corner lot.
A place where junk, waste, discarded or salvaged materials
are bought, sold, exchanged, sorted, stored, 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 in a condition
capable of being registered pursuant to the Vehicle and Traffic Law
of the State of New York or machinery to be reused for the purpose
for which originally manufactured.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support a prevalence
of vegetation typically adapted for life in saturated soil conditions,
commonly known as "hydrophytic vegetation."
[Added 12-19-2007 by L.L. No. 6-2007]
[Amended 7-20-1988 by L.L. No. 3-1988; 5-26-2010 by L.L. No.
1-2010]
COMMERCIAL KENNELAn establishment in which dogs, cats, or other domesticated animals are housed, groomed, bred, boarded, trained, or sold for a fee or other compensation.
PRIVATE KENNELThe keeping, breeding, raising, showing or training of three or more dogs over four months of age for personal enjoyment of the owner or occupant of the property.
[Amended 12-14-2011 by L.L. No. 11-2011; 2-3-2016 by L.L. No. 1-2016]
Construction activity including clearing, grading, excavating,
soil disturbance or placement of fill that results in land disturbance
of equal to or greater than one acre, or activities disturbing less
than one acre of total land area that is part of a larger common plan
of development or sale disturbing one acre or more in the aggregate,
even though multiple separate and distinct land development activities
may take place at different times on different schedules.
[Added 12-19-2007 by L.L. No. 6-2007]
The legal or beneficial 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 12-19-2007 by L.L. No. 6-2007]
The area required or permitted under this chapter to be devoted
to landscaping and environmental improvement, which may include existing
and new vegetation, berms, lighting, street furnishings and ornamental
features which are integrated with the vegetation.
[Added 5-26-2010 by L.L. No. 1-2010]
Law, ordinance, rule or regulation of the federal, state,
county and Town governments, as appropriate.
A landscape architect or professional engineer licensed to
practice his or her profession in New York State.
[Added 12-19-2007 by L.L. No. 6-2007]
A parcel of land for a structure and/or use and the permitted
accessory structures or uses, including such open spaces as are required
by this chapter and such open spaces as are arranged and designed
to be used in connection with such structure and uses.
The total area within the lot lines of a lot, excluding any
public rights-of-way.
[Added 5-26-2010 by L.L. No. 1-2010]
The percentage of the lot covered by the main and accessory
structures.
The mean horizontal distance between the front and rear lot
lines.
Any boundary line of a lot.
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 horizontal distance of a lot measured along the street
line of a dedicated street and at the building line.
[Amended 9-7-2000 by L.L. No. 8-2000]
Local waterfront as defined in the LWRP.
Local Waterfront Revitalization Program.
A legally recorded document that acts as a property deed
restriction, and which provides for long-term maintenance of stormwater
management practices.
[Added 12-19-2007 by L.L. No. 6-2007]
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 5-26-2010 by L.L. No. 1-2010]
A facility for storing, servicing, fueling, berthing and
securing of pleasure boats and which may include eating, sleeping
and retail facilities for owners, crews and guests.[5]
A building or group of buildings, whether detached or in
connected units, designed primarily for travelers and providing accessory
off-street parking facilities. The term "motel" includes buildings
designated as motor lodges, auto courts and similar appellations.
Any prior 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.
Pollution from any source other than from any discernible,
confined, and discrete conveyances, and shall include, but not be
limited to, pollutants from agricultural, silvicultural, mining, construction,
subsurface disposal and urban runoff sources.
[Added 12-19-2007 by L.L. No. 6-2007]
The land and building used for the raising and sale of plants,
trees and shrubs.
An area undisturbed by buildings from the ground upward,
except for walks, paths, landscaping or other site features in public,
common or private ownership. Yards of individual lots occupied by
dwellings shall not constitute "open space."
Land within or related to a development, not individually
owned or dedicated for public use, which is designed and intended
for the common use or enjoyment of the residents of the development
and may include such complementary structures and improvements as
are necessary.
Includes, in addition to its usual meaning, a tenant, lessee,
occupant or other user or a person having any possessory interest,
present or future, or having the power to exercise dominion or control.
The off-street parking area and loading and unloading area
required by this chapter.
[Added 5-26-2010 by L.L. No. 1-2010]
Includes a firm, association, organization, partnership,
company, joint venture or corporation as well as an individual.
Clearing a parcel of land in distinct pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.
[Added 12-19-2007 by L.L. No. 6-2007]
The Planning Board of Evans, New York.
Sediment or a water quality measurement that addresses 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 12-19-2007 by L.L. No. 6-2007]
Any man-made body of water (other than a store-bought, prefabricated
type and decorative reservoir or basin) with a surface area greater
than 100 square feet and/or a depth greater than 18 inches.
[Added 12-14-2011 by L.L. No. 11-2011]
A development activity.
[Added 12-19-2007 by L.L. No. 6-2007]
Street line, front property line, lot line or right-of-way.
[Added 5-26-2010 by L.L. No. 1-2010]
A lot or land or part thereof used for the purpose of extracting
any natural solid products as an industrial operation and exclusive
of the process of grading a lot preparatory to the construction of
a building for which application for a building permit has been made.
The replenishment of underground water reserves.
[Added 12-19-2007 by L.L. No. 6-2007]
A health care professional, attorney, engineer, architect,
community planner, landscape architect, land surveyor, accountant,
insurance agent or broker, realtor, teacher and photographer only.
Any establishment where horses are kept for riding, driving
or stabling for compensation or incidental to the operation of any
club, association, ranch or similar establishment.
Any liquid or solid suspended in liquid that flows over the
surface of the ground.
[Added 5-26-2010 by L.L. No. 1-2010]
A method of visually shielding or buffering one abutting
or nearby structure or use from another by fencing, walls, berms,
vegetation, or other natural or man-made materials.
[Amended 5-26-2010 by L.L. No. 1-2010]
Measures that prevent eroded sediment from leaving the site.
[Added 12-19-2007 by L.L. No. 6-2007]
Coldwater fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, or habitats for threatened,
endangered or special concern species.
[Added 12-19-2007 by L.L. No. 6-2007]
Indicates that which is required.
[Added 5-26-2010 by L.L. No. 1-2010]
Indicates that which is recommended but not required.
[Added 5-26-2010 by L.L. No. 1-2010]
Any letter or group of letters, figures, designs, symbols,
pictures, trademarks, or other graphics, and including all support
structures, mountable backdrops, architectural features, which is
displayed out of doors or can be viewed from the street, sidewalk,
or other public right-of-way and that directs attention to a place,
commodity, service, activity, event, person, institution, organization,
or business.
[Added 5-26-2010 by L.L. No. 1-2010; amended 12-5-2012 by L.L. No.
7-2012]
A sign that advertises a place, commodity, service, activity,
event, person, institution, organization or business that has not
been conducted or available on the premises on which the sign is located
for a period of six consecutive months.
[Added 12-5-2012 by L.L. No. 7-2012]
A portable temporary sign of durable construction either
suspended from a wire frame or connected at the top and generally
angled down on either side in the shape of an A; also called a "sandwich
board sign."
[Added 12-5-2012 by L.L. No. 7-2012]
A sign that is part of, or attached to, an awning, canopy,
or other type of structured protective cover over a door, entrance,
window, or outdoor service area.
[Added 12-5-2012 by L.L. No. 7-2012]
A sign of cloth or similar material that celebrates an event,
season, community, neighborhood, or district and is sponsored by a
recognized community agency or organization.
[Added 12-5-2012 by L.L. No. 7-2012]
Any letter or group of letters, figures, designs, symbols,
pictures, trademarks, or other graphics that directs attention to
a place, commodity, service, activity, event, person, institution,
organization, or business not available or located on the lot where
the sign is located.
[Added 5-26-2010 by L.L. No. 1-2010; amended 12-5-2012 by L.L. No.
7-2012]
A sign affixed to the wall of a building or structure in
such a manner that the wall becomes the supporting structure for or
forms the background surface of the sign.
[Added 12-5-2012 by L.L. No. 7-2012]
A sign where the supporting frame and/or structure is permanent
and only letters, figures, designs, symbols, pictures, trademarks,
or other graphics thereon are changeable and/or temporary.
[Added 12-5-2012 by L.L. No. 7-2012]
A programmable sign capable of displaying letters, figures,
designs, symbols, pictures, trademarks, or other graphics in a digital
format that can be altered, changed, or rearranged by remote or automatic
means without altering the face or surface of the sign.
[Added 12-5-2012 by L.L. No. 7-2012]
The entire area within a single, continuous perimeter enclosing
all elements that form an integral part of a sign, including any framing,
backdrops. The supports, uprights, or structures on which any sign
is supported, or other architectural features, shall not be included
in determining the sign face area unless such supports, uprights,
structures, or architectural features are designed in such a manner
as to form an integral part of the sign display. Where a sign has
only two faces that cannot be viewed concurrently, the area of one
side shall be the face area of the sign. Where a sign has more than
two sides, the area of all the sides shall make up the total face
area of the sign.
[Added 5-26-2010 by L.L. No. 1-2010; amended 12-5-2012 by L.L. No.
7-2012]
A sign attached flat against the fascia.
[Added 5-26-2010 by L.L. No. 1-2010]
A self-supporting sign permanently affixed to the ground
by means of an integral base or one or more poles or support structures.
Freestanding signs include pole signs, monument signs, and ground
signs.
[Added 5-26-2010 by L.L. No. 1-2010; amended 12-5-2012 by L.L. No.
7-2012]
A monument sign consisting of an enclosed base. See also
"sign, monument."
[Added 12-5-2012 by L.L. No. 7-2012]
A changeable copy sign capable of displaying letters, figures,
designs, symbols, pictures, trademarks, or other graphics that can
be altered, changed, or rearranged manually without altering the face
or surface of the sign.
[Added 12-5-2012 by L.L. No. 7-2012]
The part of the sign upon, against, or through which the
message of the sign is displayed, including molding, trim, or other
architectural features, excluding the support structure.
[Added 12-5-2012 by L.L. No. 7-2012]
A freestanding sign consisting of dual support structures
that extend along the entire vertical height of the sign face area,
a single support structure consisting of a width that is at least
50% of the width of the sign in which it supports, or a sign consisting
of an enclosed base supporting a sign. For the purposes of this chapter,
ground signs shall be constituted as monument signs with an enclosed
base.
[Added 12-5-2012 by L.L. No. 7-2012]
Any sign affixed to a pole(s) or other single support structure
that consists of a width or diameter that is less than that of the
sign face area.
[Added 12-5-2012 by L.L. No. 7-2012]
A sign affixed on or over the roof of a building.
[Added 12-5-2012 by L.L. No. 7-2012]
The uprights, bracing, framing, mounting, or other framework
that supports a sign.
[Added 12-5-2012 by L.L. No. 7-2012]
Any sign intended for a limited period of display, to promote
a place, commodity, service, activity, event, person, institution,
organization, or business of limited duration.
[Added 12-5-2012 by L.L. No. 7-2012]
A sign attached to the underside of a building fascia of
a structure, canopy, covered entrance or walkway, awning or marquee.[8]
[Added 5-26-2010 by L.L. No. 1-2010; amended 12-5-2012 by L.L. No.
7-2012]
Any plot or parcel of land or combination of contiguous lots
or parcels of land.
[Added 5-26-2010 by L.L. No. 1-2010]
The development plan for one or more sites on which is shown
the existing and proposed conditions of the site that may be reasonably
required in order for the approving body to make informed decisions.
[Added 5-26-2010 by L.L. No. 1-2010]
An arrangement or combination of components and structures
designed to provide heating, cooling, hot water or electricity through
the process of collecting, converting, storing, protecting against
unnecessary dissipation and distributing solar energy.
The space between a solar collector and the sun which must
be free of obstructions for a solar energy system's effective operation.
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 12-19-2007 by L.L. No. 6-2007]
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/or to specify stormwater control standards.
[Added 12-19-2007 by L.L. No. 6-2007]
The use of practices that prevent exposed soil from eroding.
[Added 12-19-2007 by L.L. No. 6-2007]
A building, or portion thereof, used for the feeding and
housing of one or more horses.
[Amended 5-26-2010 by L.L. No. 1-2010]
An order issued which requires that all construction activity
on a site be stopped.
[Added 12-19-2007 by L.L. No. 6-2007]
Rainwater, surface runoff, snowmelt and drainage.
[Added 12-19-2007 by L.L. No. 6-2007]
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 12-19-2007 by L.L. No. 6-2007]
One or a series of stormwater management practices installed,
stabilized and operating for the purpose of controlling stormwater
runoff.
[Added 12-19-2007 by L.L. No. 6-2007]
An employee or officer of the Town of Evans designated by
the Town Board to accept and review stormwater pollution prevention
plans (SWPPPs), forward the plans to such employee, agency or board
of the Town of Evans which may be reviewing any application for a
construction activity requiring submission of a SWPPP, and inspect
stormwater management practices.
[Added 12-19-2007 by L.L. No. 6-2007]
Measures, either structural or nonstructural, that are determined
to be the most effective, practical means of preventing flood damage
and preventing or reducing point source or nonpoint source pollution
inputs to stormwater runoff and water bodies.
[Added 12-19-2007 by L.L. No. 6-2007]
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
[Added 12-19-2007 by L.L. No. 6-2007]
Flow on the surface of the ground resulting from precipitation.
[Added 12-19-2007 by L.L. No. 6-2007]
The portion of a building between the surface of a floor
and the next floor above or the ceiling 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 elevation of the street measured at its crown.
The right-of-way line.
A building or anything other than a fence which requires
permanent location in or on the ground or attachment to something
having such location.
Any building owned or rented and used for seasonal occupancy
and located in an area with nearby recreational facilities.
Lakes, bays, sounds, ponds, impounding reservoirs, springs,
wells, rivers, streams, creeks, estuaries, marshes, inlets, canals,
the Atlantic Ocean within the territorial seas of the State of New
York and all other bodies of surface water, natural or artificial,
inland or coastal, fresh or salt, public or private (except those
private waters that do not combine or effect a junction with natural
surface or underground waters), which are wholly or partially within
or bordering the state or within its jurisdiction. Storm sewers and
waste treatment systems, including treatment ponds or lagoons which
also meet the criteria of this definition, are not waters of the state.
This exclusion applies only to man-made bodies of water which neither
were originally created in waters of the state (such as a disposal
area in wetlands) nor resulted from impoundment of waters of the state.
[Added 12-19-2007 by L.L. No. 6-2007]
A water-filled enclosure, permanently installed or portable,
more than 24 inches deep, either above or below ground level, designed,
used and maintained for swimming.
An interior lot which has frontage on more than one street.
A private, owner-occupied, residential dwelling in which
overnight accommodations are provided or offered for not more than
10 tourist and transient guests for compensation, with the inclusion
of a morning meal. This use is subordinate and incidental to the main
residential use of the dwelling.
[Amended 5-17-2000 by L.L. No. 5-2000; 5-26-2010 by L.L. No.
1-2010]]
The Town of Evans, Erie County, New York, outside the Village
of Angola, New York.
The Town Board of the Town of Evans, Erie County, New York.
[Added 12-19-2007 by L.L. No. 6-2007]
The Code of the Town of Evans, Erie County, New York.
[Added 12-19-2007 by L.L. No. 6-2007]
A dwelling unit attached to other similar dwelling units
by not more than two party walls extending from the foundation to
the roof and providing direct means of access from the outside. Furthermore,
each such dwelling unit shall be provided with cooking, sleeping and
sanitary facilities. For the purpose of this chapter, a "townhouse"
may include a building or structure in fee simple, condominium, cooperative
or leasehold ownership or in any combination thereof.
The specific purpose for which land or a building is designed,
arranged or intended or for which it is or may be occupied or maintained.
Includes the words "intended, designed or arranged to be
used or occupied."
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
[Added 12-19-2007 by L.L. No. 6-2007]
A channel that directs surface runoff to a watercourse or
to the public storm drain.
[Added 12-19-2007 by L.L. No. 6-2007]
An open space on the same lot with a 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 line and the building setback line as established by this
chapter.
The yard extending from the rearmost point 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 "required yard"
shall be open and unobstructed from the ground upward except for projections
on buildings as permitted in this chapter and walks, landscaping and
other yard or site features.
An open space extending from the front yard to the rear yard
and of a width established by this chapter, the width of which shall
be measured at right angles to the side lot line.
The Building Inspector or Code Enforcement Officer of the
Town of Evans and his designated deputies or assistants.
[Amended 5-26-2010 by L.L. No. 1-2010]
[1]
Editor's Note: The definition of "building
inspector," which immediately followed this definition, was repealed
11-1-2006 by L.L. No. 10-2006; see now "Code Enforcement Officer."
[2]
Editor’s Note: The former definition of "farm water
supply pond," added 5-26-2010 by L.L. No. 1-2010 and which immediately
followed this definition, was repealed 12-14-2011 by L.L. No. 11-2011.
[3]
Editor's Note: The former definition of "head shops and places
that sell drug paraphernalia," which immediately followed this definition,
was repealed 5-26-2010 by L.L. No. 1-2010.
[4]
Editor’s Note: The former definition of “hospital,
animal,” which immediately followed, was repealed 7-17-2019
by L.L. No. 7-2019.
[5]
Editor's Note: The former definitions of "mobile home," which
immediately followed this definition, was repealed 5-26-2010 by L.L.
No. 1-2010. See now "manufactured home."
[6]
Editor’s Note: The former definition of "pond" was repealed
5-26-2010 by L.L. No. 1-2010.
[7]
Editor's Note: The former definition of "sanatorium," which
immediately followed this definition, was repealed 5-26-2010 by L.L.
No. 1-2010.
[8]
Editor's Note: The former definition of "sign, wall," added
5-26-2010 by L.L. No. 1-2010, which immediately followed this definition,
was repealed 12-5-2012 by L.L. No. 7-2012.
