Words used in the present tense include the
future, and the plural includes the singular; the word "district"
includes the plural "districts"; the word "lot" includes "plot," and
the word "building" includes the word "structure"; the word "shall"
is intended to be a mandatory; "occupied" or "used" shall be construed
as though followed by the words "or intended, arranged or designed
to be used or occupied," and the words "occupancy" or "use" shall
be construed as similarly qualified.
Except where specifically defined herein, all
words used in this code shall carry their customary dictionary meanings.
An accessory facility or structure serving or being used
in conjunction with a communications tower and/or similar facility,
and located on the same lot as the communications tower. Examples
of such structures include utility or transmission equipment storage
sheds or cabinets.
A use, occupancy or tenancy customarily incidental to the
principal use or occupancy of a building.
The activity of an active farm including grazing and watering
livestock, irrigating crops, harvesting crops, using land for growing
agricultural products, cutting timber for sale, but shall not include
the operation of a dude ranch or similar operation, or the construction
of new structures associated with agricultural activities.
[Added 12-11-2007 by L.L. No. 3-2007]
A way which affords only a secondary means of access to abutting
property.
As applied to a building or a structure, a change or rearrangement
in the structural parts, or an enlargement, whether by extending on
a side, increasing in height or the moving from one location or position
to another.
A system of electrical conductors that transmit or receive
radio frequency signals. Such signals shall include but not be limited
to radio, television, cellular, paging, personal communications services
(PCS) and microwave communications.
See "dwelling, multiple."
The outward aspect visible to the public.
A property owner or agent of a property owner who has filed
an application for a land development activity.
[Added 12-11-2007 by L.L. No. 3-2007]
Sympathetic, or fitting, to the context of the site and the
whole community.
Having observable qualities that arouse interest and pleasure.
That space of a building that is partly below grade which
has more than half of its height measured from floor to ceiling, above
the average established curb level or finished grade of the ground
adjoining the building.
Owner-occupied one-family dwelling used for providing overnight
accommodations and a morning meal to not more than 10 transient lodgers,
containing at least three but not more than five bedrooms for such
lodgers.
A raised form of earth to provide screening or to improve
the aesthetic character.
Any structure having a roof supported by columns or by walls
and intended for shelter, housing, protection or enclosure of persons,
animals or property. Depending upon its applicability, the use herein
of "building" shall include the term "structures."
A supplemental building, the use of which is incidental to
that of a main or principal building and located on the same lot.
The aggregate of the areas of all enclosed and roofed spaces
of the principal building and all attached accessory buildings. Such
areas shall be computed by using outside building dimensions measured
on a horizontal plane at ground level.
The New York State Uniform Fire Prevention and Building Code,
as amended from time to time (Title 9 of the Official Compilation
Codes, Rules and Regulations of the State of New York).
A building surrounded by open space on the same lot.
The line of that face of the building nearest the front line
of the lot. This face includes sun parlors and covered porches, whether
enclosed or unenclosed, but does not include steps.
The vertical distance from grade plane to the height of the
highest roof surface.
[Amended 4-19-2005 by L.L. No. 1-2005]
The line formed by the intersection of a horizontal plane
at the 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.
Telecommunications facilities which utilize existing buildings
and structures other than towers, as defined in this section, for
supporting antennas. A building-mounted antenna which does not utilize
a building or structure for its primary means of attachment, or structural
support, will be defined as a "tower" as set forth in this section.
A document issued by the Building Inspector of the Town of
Niagara allowing the construction, reconstruction, remodeling, alteration
or repair of a structure after review and approval of the submitted
plans of said structure.
A building or buildings, in which is conducted the main or
principal use of the lot on which said building is situated.
Includes the purchase or sale or other transaction involving
the handling of or disposition of any articles, substance or commodity,
including enterprises conducted for profit, providing of any services.
That space of a building that is partly or entirely below
grade which has more than half of its height, measured from floor
to ceiling, below the average curb level or finished grade of the
ground adjoining the building.
A certificate issued by the Building Inspector 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 code and such adjustments thereto granted by the Board of
Appeals.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
[Added 12-11-2007 by L.L. No. 3-2007]
Any activity that removes the vegetative surface cover.
[Added 12-11-2007 by L.L. No. 3-2007]
A building used to house a social, fraternal or service organization
or club not organized or conducted for profit and which is not an
adjunct to or operated by or in conjunction with a public tavern,
cafe or other place of business.
A development of residential lots, each containing less area
than the minimum lot area required for the zone within which such
development occurs, and maintaining a minimum amount of open space.
The officer(s) employed by the Town of Niagara to enforce
the State Uniform Fire Prevention and Building Code adopted by local
law.
Unity of composition between design elements of a building,
or a group of buildings, and the landscape development.
Telecommunications facilities which utilize existing towers,
buildings or structures, as defined in this section, for placement
of antenna(s) or replacement of existing towers which do not require
construction of a new tower. (Replacement of an existing tower to
accommodate collocation, provided that such new tower does not exceed
the height of the existing tower, will not be deemed to be construction
of a new tower as stated in this definition.)
Harmony in the appearance of two or more external design
features in the same vicinity.
The officially established grade of the curb in front of
the mid-point of the lot.
The deliberate appropriation of property by its owner for
general public use.
[Added 12-11-2007 by L.L. No. 3-2007]
The New York State Department of Environmental Conservation.
[Added 12-11-2007 by L.L. No. 3-2007]
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 12-11-2007 by L.L. No. 3-2007]
The condition or appearance of a building or structure characterized
by holes, breaks, rot, crumbling, cracking, peeling, rusting or other
evidence of physical decay or neglect, excessive use or lack of maintenance.
A person who undertakes land development activities.
[Added 12-11-2007 by L.L. No. 3-2007]
A certain area, delineated on the Zoning Map for a specific
class of use.
Building containing not more than two dwelling units occupied
exclusively for residential uses.
One or more rooms with provisions for living, cooking, sanitary
and sleeping facilities arranged for the use of one family.
A building arranged for one dwelling unit.
A building arranged for two dwelling units.
Building containing three or more dwelling units;
Building containing living, sanitary and sleeping
facilities occupied by one or two families and more than four lodgers
residing with either one of such families.
Building with one or more sleeping rooms, other
than a one- or two-family dwelling, used or occupied by permanent
or transient paying guests or tenants;
Building with sleeping accommodations for more
than five persons used or occupied as a club, dormitory, fraternity
or sorority house, or for similar uses.
Building used or occupied as an old-age home;
or
Community residence.
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 12-11-2007 by L.L. No. 3-2007]
Any premises or open space or any part thereof or any building
or structure that may be lawfully viewed by a member of the public
from a sidewalk, street, alleyway or from any adjoining or neighboring
premises.
Open space on the premises outside of any building located
thereon.
The control and elimination of insects, rodents and vermin.
A structure designed primarily for residential occupancy
by a method or system of construction whereby the structure, or its
components, are wholly, or in substantial part, manufactured in manufacturing
facilities for assembly and permanent installation on a building site.
The radius around a tower within which all portions of the
tower and antenna(s) would fall in the event of a structural failure.
Unless specifically set at a different level by the Town, the fall-down
zone shall be the height of the tower plus 30 feet. Unless otherwise
indicated, distances in this chapter shall be measured from the outer
edge of the fall-down zone.
A household constituting a single housekeeping unit occupied
by one or more persons.
Any parcel of land, which is used 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, and provided that such building is located
on, operated in conjunction with and necessary to the operation of
the farm as defined by this article. 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.
See "motor vehicle service station."
The floor area within surrounding walls of a building, or
portion thereof.
An enclosed structure accessory to the principal building
for the purpose of storing motor vehicles and/or items incidental
to the principal building.
Any garage building, other than a private garage, used for
storage, repair and servicing of all types of motor vehicles for use
by the general public.
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking and/or consumption of food. (See also
"refuse" and "rubbish.")
A building or group of buildings designed within an open
lawn setting, designed to accommodate more than two dwelling units
within a single structure and which is designed so that the group
of dwelling units utilize such common facilities as pedestrian walks,
parking and garage areas, open space, recreation areas and utility
and service facilities.
A standard of maintenance that renders a building safe, habitable
and possessed of a neat and orderly appearance.
The natural surface of the ground, or surface of the ground
after completion of any change in contour.
The officially established grade of the street upon which
the lot fronts. If there is no officially established grade, the existing
grade of the street at the midpoint of the lot shall be taken as the
street grade.
Excavation or fill of material, including the resulting conditions
thereof.
[Added 12-11-2007 by L.L. No. 3-2007]
A use, structured as a single housekeeping unit and in accordance
with the appropriate state code, rules and regulations, providing
supervision and support in a family-like setting for persons, who
by reason of mental or physical disability, addiction to drugs or
alcohol or family and school adjustment problems, require specialized
attention and care in order to achieve personal independence.
Any condition, man-made or natural, which affords a breeding
place or hiding place for rodents, insects or other pests.
A quality that represents an appropriate and congruent arrangement
of parts, as in an arrangement of varied architectural and landscape
elements.
The office of a member of a recognized profession when conducted
on residential property; such occupation shall include those of doctors,
lawyers, architects, engineers, artists, ministers, licensed real
estate brokers or sales persons and other recognized professionals
providing a personal service only and not sale of goods. Home professional
occupations shall not include the following: any permitted use in
a Business District or Industrial District.
As defined by Article 28 of the New York State Public Health
Law.
A multiple dwelling used primarily for the purpose of furnishing
lodging, with or without meals, for more than 15 transient guests,
for compensation.
Those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snowmelt and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc.).
[Added 12-11-2007 by L.L. No. 3-2007]
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 12-11-2007 by L.L. No. 3-2007]
Includes storage, repair, manufacture and preparation or
treatment of any article, substance or commodity, and includes the
operation of quarries.
The presence of insects, rodents, vermin or other pests on
the premises, which constitute a health hazard either to the occupants
of the premises and/or to surrounding properties and/or residents.
The process of percolating stormwater into the subsoil.
[Added 12-11-2007 by L.L. No. 3-2007]
Any old, discarded and unusable objects of any kind, such
as vehicles, building materials, scrap metal, machinery, appliances,
furniture, equipment, etc., whether made of metal, fiber or plastics
or any other material; old cordage, ropes, rags, fibers or fabrics;
old rubber or other waste or discarded materials; or materials dangerous
to health, regardless of their kind, form, shape or nature.
A yard, lot or any place of storage or deposit outdoors,
in whole or in part, within the Town of Niagara where junk, as defined
above, is kept or stored. For purposes of this chapter, junkyards
include scrapyards. (Requirements for junkyards under this Zoning
Code shall be in addition to any state requirements under 6 NYCRR
Part 360.)
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 12-11-2007 by L.L. No. 3-2007]
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 construction activity 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 12-11-2007 by L.L. No. 3-2007]
The length of a building shall be the longest dimension through
the main portion of such building and at right angles to an outside
wall of the same.
A landscape architect or professional engineer licensed to
practice his or her profession in New York State.
[Added 12-11-2007 by L.L. No. 3-2007]
A multiple dwelling used primarily for the purpose of furnishing
lodging, with or without meals, to 15 or less transient occupants,
for compensation.
Accepted principles and criteria of validity in the solution
of the problem of design.
A parcel of land occupied or capable of being occupied by
one or more buildings and accessory buildings customary and incidental
to it, including such open spaces as are arranged and designed to
be used in connection with such buildings.
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.
That percentage of the lot area which is devoted to structures.
The mean horizontal distance between the front and rear lot
lines.
A lot having a minimum frontage for a driveway servicing
the main portion of the lot which is some distance back from the street
and which meets all other zoning requirements.
A lot other than a corner lot.
Any line dividing one property from another.
An interior lot having frontage on two parallel or approximately
parallel streets.
The distance between the side lot lines measured along the
required front setback line.
A legally recorded document that acts as a property deed
restriction, and which provides for long-term maintenance of stormwater
management practices.
[Added 12-11-2007 by L.L. No. 3-2007]
A structure, transportable in one or more sections, which,
in traveling mode, is eight body feet or more in width or 40 body
feet or more in length, or, when erected on site, is 320 or more square
feet, and which is built on a permanent chassis and designed to be
used as a dwelling with or without a permanent foundation when connected
to the required utilities, and includes the plumbing, heating, air
conditioning and electrical systems contained therein.
A parcel of land under single ownership which has been planned
for the placement of mobile homes, accessory structures or additions.
A multiple dwelling, intended primarily for motorists, not
over two stories in height, in which the exit from each dwelling unit
or sleeping room is directly to the exterior (includes but is not
limited to the terms "motor court," "motor hotel" and "tourist court").
A vehicle on wheels having its own motor and not running
on rails or tracks, for use on streets or highways; an automobile,
truck or bus.
[Added 4-19-2005 by L.L. No. 1-2005]
Motor vehicle sales rooms and lots for the retail or wholesale
sale, rental or lease of new and used automobiles, trailers, mobile
homes, recreational vehicles and/or heavy motorized equipment exceeding
two such items in any calendar year.
A public automobile filling station used to supply motor
vehicles with gasoline or other equivalent fuel, oils, greases and
customary accessories, and may include a car wash, the service of
which is to wash motor vehicles.
A building which in its design or location upon a lot does
not conform to the regulation of this code for the zone in which it
is located.
A lot of record existing at the date of the passage of this
code which does not have the minimum width or contain the minimum
area for the zone in which it is located.
A structure or land occupied by a use that does not conform
to the regulations of the use district in which it is situated, but
which was lawful at the time the regulations were adopted.
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 12-11-2007 by L.L. No. 3-2007]
Any nuisance which may prove detrimental to the health or
safety of children, whether in a building, on the exterior of premises
or upon an occupied lot. Attractive nuisances include, but are not
limited to: abandoned wells, shafts, basements, excavations, abandoned
swimming pools, abandoned ice boxes and/or refrigerators, motor vehicles
and structurally unsound fences or structures, lumber, trash, fences,
debris or vegetation such as poison ivy, oak or sumac, which may prove
hazardous for inquisitive minors.
A facility as defined by the Department of Health Rules and
Regulations in the State Hospital Code (10 NYCRR).
When no longer in use for the original intended purpose or
which remains unused for its intended purpose for a period of more
than six consecutive months due to a change in technology, loss of
right to use a tower site or by any failure of the communications
facility owner.
As defined in Town Code Chapter 233.
Any person who has charge, care or control of a building
or part thereof.
Includes any person having individual or joint title to real
property in any form defined by the laws as an estate or interest
therein, whether legal or equitable and however acquired.
An off-street space available for the parking of one motor
vehicle, inclusive of passageways and driveways appurtenant thereto
and giving access thereto, and having direct access to a street or
alley.
Includes an individual, a partnership, a joint venture, a
corporation, limited-liability company, an association and any other
organization recognized as an entity by the laws of the State of New
York.
Clearing a parcel of land in distinct pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.
[Added 12-11-2007 by L.L. No. 3-2007]
The Town of Niagara Planning Board as established by the
Town Board.
A map, plan or layout of a section or subdivision indicating
the location and boundaries of individual properties.
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 12-11-2007 by L.L. No. 3-2007]
A transient or short-term rental that was in operation before
the effective date of this Local Law No. 1 of 2023.
[Added 1-17-2023 by L.L. No. 1-2023]
A building, dwelling and/or grounds.
The main use to which a building or lot is to be used.
Land development activity.
[Added 12-11-2007 by L.L. No. 3-2007]
Land and whatever is erected on, growing on, placed on or
affixed thereto.
A lot or land or part thereof used for the purpose of extracting
stone, sand, gravel or topsoil for sale, 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 12-11-2007 by L.L. No. 3-2007]
A vehicle or a unit that is mounted on or drawn by another
vehicle primarily designed for temporary living. Recreational vehicles
include motor homes, truck campers, travel trailers, boats and camping
trailers.
All putrescible and nonputrescible solid waste (except body
waste), including, but not limited to, garbage, rubbish, ashes, street
cleanings, dead animals and solid market and industrial wastes. (See
also "garbage" and "rubbish.")
Any establishment, however designated, at which food is sold
for consumption. 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 and for the convenience of the patrons of
the facility shall not be deemed to be a restaurant.
A strip of land between property lines open for use as a
street or crosswalk.
Nonputrescible solid waste consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard,
tin cans, yard clippings, leaves, wood, glass bedding, crockery and
similar materials. (See also "garbage" and "refuse.")
A private hospital, whether or not such facility is operated
for profit.
Proportional relationship of the size of parts to one another
and to the human figure.
A structure or planting that conceals from public view the
area behind such structure or planting.
Measures that prevent eroded sediment from leaving the site.
[Added 12-11-2007 by L.L. No. 3-2007]
A building or group of buildings divided into separate units
or compartments used to meet the temporary storage needs of businesses
and residential users.
[Added 12-12-2023 by L.L. No. 4-2023]
Coldwater fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, or habitats for threatened,
endangered or special concern species.
[Added 12-11-2007 by L.L. No. 3-2007]
The distance from the front property line to the part of
the structure nearest the lot line, measured at right angles to the
lot line.
The distance from the side lot line to any structure or building
line, excluding fences.
The distance from the rear lot line to any structure or building
line, excluding fences.
Any device for visual communication that is used for the
purpose of bringing the subject thereof to the attention of the public,
but not including any flag, badge or insignia of any government or
government agency, or of any civic, charitable, religious, patriotic,
fraternal or similar organization.
A structural or landscape device to interrupt long vistas
and create visual interest in a site development.
A plan of a lot, subdivision or land development proposed
on which is shown topography, location of all buildings, structures,
roads, rights-of-way, boundaries, all essential dimensions and bearings
and any other information deemed necessary by the Planning Board.
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.
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 12-11-2007 by L.L. No. 3-2007]
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 12-11-2007 by L.L. No. 3-2007]
See "group home."
The use of practices that prevent exposed soil from eroding.
[Added 12-11-2007 by L.L. No. 3-2007]
A building or portion of a building for the shelter or care
of horses, ponies, cattle, sheep, goats or other similar domestic
animals.
PRIVATE STABLEAn accessory building limited to two such animals; provided, however, that the capacity of a private stable may be increased if the lot whereon such stable is located contains an area of not less than 8,000 square feet for each animal stabled.
PUBLIC STABLEA stable other than a private stable, with a capacity for more than two animals.
An order issued which requires that all construction activity
on a site be stopped.
[Added 12-11-2007 by L.L. No. 3-2007]
Rainwater, surface runoff, snowmelt and drainage.
[Added 12-11-2007 by L.L. No. 3-2007]
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 12-11-2007 by L.L. No. 3-2007]
One or a series of stormwater management practices installed,
stabilized and operating for the purpose of controlling stormwater
runoff.
[Added 12-11-2007 by L.L. No. 3-2007]
An officer or employee designated by the Town Board to accept
and review stormwater pollution prevention plans (SWPPPs), forward
the plans to such employee, officer, or board of the Town of Niagara
which is reviewing an application for a construction activity requiring
submission of a SWPPP, and inspect stormwater management practices.
[Added 12-11-2007 by L.L. No. 3-2007]
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 12-11-2007 by L.L. No. 3-2007]
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
[Added 12-11-2007 by L.L. No. 3-2007]
Flow on the surface of the ground resulting from precipitation.
[Added 12-11-2007 by L.L. No. 3-2007]
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
be no floor above it, then the space between any floor and the ceiling
next above it.
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.
The vertical distance from the top surface of the floor next
above. The height of the top-most story is the distance from the top
surface of the floor to the top surface of the ceiling joists.
All lands, established by dedication or use, for highway
purposes and accepted by the Town for such purposes.
A common property line separating a public street from abutting
property.
The scene as may be observed along a public street or way
composed of natural and man-made components.
An assembly of materials forming a construction framed of
component structural parts for occupancy or use, including buildings.
A structure which is built of such materials and in such
a way that it would commonly be expected to have a relatively short
useful life, or is built for a purpose that would commonly be expected
to be relatively short-term or which is only permitted by the Zoning
Code to exist for a predetermined period.
The division of a single lot, tract or parcel of land, or
a part thereof, into two or more lots, tracts or parcels of land,
including changes in street lines or lot lines, for the purpose, whether
immediate or future, of transfer of ownership or of building development.
The term "subdivision" shall also include "resubdivision."
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 12-11-2007 by L.L. No. 3-2007]
A structure intended for bathing, swimming or diving purposes,
made of concrete, masonry, metal or other impervious materials, and
provided with a recirculation and/or controlled water supply.
A public or privately owned swimming pool open to the general
public or on a membership basis and having appropriate dressing room
facilities and off-street parking areas.
Towers and/or antennas and accessory structures used in connection
with the provision of cellular telephone service, personal communications
services, paging services, radio and television broadcast services
and similar broadcast services.
An activity conducted for a specified limited period of time
which may not otherwise be permitted by the provisions of this code.
Examples of such uses are buildings incidental to new construction
which are removed after the completion of the construction work.
A building or part of a building devoted to the showing of
moving pictures on a paid admission basis.
An open lot or part thereof, with its appurtenant facilities,
devoted primarily to the showing of moving pictures of theatrical
productions, on a paid admission basis, to patrons seated in automobiles
or on outdoor seats.
Individuals occupying a dwelling unit or sleeping unit for
less than 30 continuous days.
[Added 1-17-2023 by L.L. No. 1-2023]
A structure designed to support antennas or other equipment.
It includes, without limit, freestanding towers, guyed towers, monopoles
and similar structures which or which do not by themselves employ
camouflage technology.
The Town of Niagara, New York.
The Town Board of the Town of Niagara.
[Added 12-11-2007 by L.L. No. 3-2007]
The Code of the Town of Niagara, New York.
[Added 12-11-2007 by L.L. No. 3-2007]
One of a series of attached one-family dwelling units, each
having a common wall between adjacent sections and having direct access
to a private, individual rear and/or front yard designed as an integral
part of each one-family dwelling unit.
Living and/or sleeping accommodation provided for compensation
for any period of less than 30 consecutive calendar days. Hotels,
motels, and transient short-term rentals shall individually and collectively
be considered types of transient occupancies.
[Added 1-17-2023 by L.L. No. 1-2023]
A dwelling or dwelling unit, including associated appurtenant
facilities, used for transient occupancy by one or more guests, boarders
or tenants, where the record owner of the premises is not physically
present upon the premises during the transient occupancy, and whether
or not meals or cooking facilities are provided for the guests, boarders
or tenants, but excluding hotel and motel uses.
[Added 1-17-2023 by L.L. No. 1-2023]
A vehicular portable structure built on a chassis designed
to be used primarily as a temporary dwelling for travel, recreation
and vacation uses, having a body width not exceeding eight feet and
a body length not exceeding 32 feet.
The purpose for which a building, structure or premises or
any part thereof is or are occupied, or if unoccupied, the purpose
for which it or they may be occupied hereunder.
The authorization by the Zoning Board of Appeals for the
use of land in a manner which is not allowed by the dimensional or
physical requirements of this code or local laws.
The authorization by the Zoning Board of Appeals for the
use of land for a purpose which is otherwise not allowed or is prohibited
by this code or local laws.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, including devices
used exclusively upon stationary rails or tracks.
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
[Added 12-11-2007 by L.L. No. 3-2007]
A channel that directs surface runoff to a watercourse or
to the public storm drain.
[Added 12-11-2007 by L.L. No. 3-2007]
The distance between the main walls of the building at right
angles to the length and measured through the widest part of the building.
An enclosed veranda shall be considered as part of the building.
The right-angle distance between the two sides of the street.
An open space other than a court on the same lot with a building,
unoccupied and unobstructed from the ground upward, except as otherwise
provided herein.
An open, unoccupied space on the same lot with the principal
building, extending the full width of the lot and situated between
the street line and the front line of the building projected to the
side lines of that lot. "Setback line" shall be synonymous with the
rear limit of the required front yard area.
A yard extending across the full width of the lot and lying
between the rear line of the lot and the nearest line of any building
on the same lot. The depth of a rear yard shall be measured at right
angles to the rear line of the lot or, if the lot is not rectangular,
then in the general direction of its side building line.
An open, unoccupied space between the side line of the lot
and the nearest line of the building. It shall extend from the front
yard to the rear yard or, in the absence of either, to the street
or rear lot lines, as the case may be. The width of a side yard shall
be measured at right angles to the side line of the lot.
The officially established Zoning Board of Appeals of the
Town of Niagara, Niagara County, New York.
The officially established Zoning Officer of the Town of
Niagara.
