Except where specifically defined, all words
used in this chapter shall carry their customary meanings. The following
rules shall apply to the text of this chapter:
A.
Words in their present tense include the future.
B.
Words in the singular include the plural and the plural
the singular.
C.
The word "shall" is intended to be mandatory.
D.
The word "lot" shall include the word "plot" or "parcel."
E.
The word "person" shall include an individual, firm,
corporation, society, agency or institution.
F.
The words "used" or "occupied" as applied to any land
or building shall be construed to include the words "intended, arranged
or designed to be used or occupied."
G.
A building or structure includes any part.
H.
The word "and" indicates that all connected items,
conditions, provisions or events shall apply.
I.
The word "or" indicates that the connected items,
conditions, provisions or events may apply singly or in any combination.
J.
The words "either ...or" indicate the connected items,
conditions, provisions or events may apply singly or in any combination.
K.
Any question as to the precise meaning of any word
used in this chapter may be appealed to the Zoning Board of Appeals
and clarified under their powers of interpretation.
As used in this chapter, the following terms
shall have the meanings indicated:
A use or structure which is customarily incidental and subordinate
to the principal use of a lot, water area, or a building, and located
on the same lot or water area therewith. All roof top solar heat or
electric energy production systems in compliance with all height and
setback requirements shall be considered an accessory use, as shall
all ground-mounted solar energy structures on the same parcel as a
principal building or structure of not less than 100,000 square feet
used primarily for commercial or manufacturing purposes, provided
said ground mounted solar energy structures principal users utilizing
55% of the heat and 55% energy produced from the lot are on the same
lot or within 5,000 feet of the lot boundaries.
[Amended 6-7-2016]
Average daily traffic.
Whenever used in this Zoning Chapter, the words “adult
use” or “adult uses” apply to the following types
of establishments:
ADULT BOOKSTOREAn establishment which has as a substantial or significant portion of its stock-in-trade books, pamphlets, magazines and other periodicals, sculptures, photographs, pictures, slides, videotapes, films or sound recordings and which establishment excludes any minor by reason of age.
ADULT ENTERTAINMENT CABARETA public or private nightclub, bar, restaurant or similar establishment which presents topless or bottomless dancers, go-go dancers, strippers, male or female impersonators, exotic dancers or other similar entertainment, and which establishment excludes any minor by reason of age.
ADULT VIDEO STOREAn establishment having as a substantial or significant portion of its stock-in-trade videotapes or films for sale or viewing on premises by use of motion picture devices, video equipment or other coin-operated means and which establishment excludes any minor by reason of age.
PEEP SHOWA theater which presents material in the form of live shows, films or videotapes viewed from an enclosure for which a fee is charged and which excludes any minor by reason of age.
MASSAGE ESTABLISHMENTAny establishment having a fixed place of business where massages are administered for pay, including but not limited to massage parlors, sauna baths and steam baths. This definition shall not be construed to include a hospital, nursing home, medical clinic or the office of a physician, surgeon, chiropractor, osteopath or duly licensed physical therapist or duly licensed massage therapist, or barber shops or beauty salons in which massages are administered only to the scalp, face, neck or shoulders. This definition shall also exclude health clubs that have facilities for physical exercise such as tennis courts, racquetball courts or exercise rooms and which do not receive their primary source of revenue through the administration of massages.
ADULT MOTELA motel which excludes minors by reason of age or which make available to its patrons in their rooms films, slide shows or videotapes which if presented in a public movie theater would exclude any minor by reason of age.
ADULT THEATERA theater that customarily presents motion pictures, films, videotapes or slide shows and which excludes minors by reason of age.
BODY PAINTING STUDIOAn establishment or business which provides the service of applying paint or other substance whether transparent or nontransparent to or on the human body and which excludes minors by reason of age.
ADULT MODEL STUDIOAny establishment where, for any form of consideration or gratuity, figure models are provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by persons other than the proprietor, paying such consideration or gratuity and which excludes any minor by reason of age. This provision shall not apply to any school of art which is operated by an individual firm, association, partnership, corporation or institution which meets the requirements established in the NYS Education Law for the issuance or conferring of and is in fact authorized to issue or confer a diploma.
Structures, equipment, devices or construction techniques
used for the production of heat, light, cooling or electricity or
other forms of energy on site and may be attached to or separate from
the principal structure. Current examples include windmills, solar
collectors, heat pumps or other related devices. For the purposes
of this chapter, this definition shall apply to individual residents
or businesses. Commercial generating plants are excluded.
Any indoor place or enclosure in which is maintained or operated
for the amusement, patronage or recreation of the public three or
more coin-controlled amusement devices, including the type commonly
known as bagatelle, baseball, football, pinball, and video games.
Any place or establishment, public or private, where animals
receive medical, grooming or day-care services for a fee.
Premises on which new or used passenger automobiles, trailers,
mobile homes or trucks in operating condition are displayed in the
open for sale or trade.
A building or place of business where motor fuel, oil and
greases, batteries, tires and automobile accessories are supplied
and dispensed directly to the motor vehicle trade, at retail, and
where minor repair service is rendered.
The portion of an existing dwelling unit, with or without
separate entry, specifically designed to accommodate not more than
two members of the household otherwise occupying the dwelling. At
least one of the persons housed in the auxiliary housing unit must
be at least 60 years of age or disabled to the extent that independent
housing is not practical.
A man-made mound of earth in excess of two feet in vertical
height used to shield or buffer properties from adjoining uses, highways,
noise or control the flow of surface water.
A strip of land densely planted with trees or shrubs between
a residential and more intense use and intended to mitigate the negative
impacts of the more intense use.
The area of a lot that is calculated by subtracting from
the gross area of the parcel the following:
A structure designed, used, or intended to be used as a shelter
of humans, animals or objects, permanently fixed to a site or hauled
to a site using an external source of propulsion. Mobile homes shall
be buildings for purposes of this code.
The maximum horizontal projected area measured from the exterior
walls of the building and its accessory buildings. The building area
includes all overhanging building parts such as the edges of roofs
and window ledges. The extension of the building area across lot lines
is prohibited.
That percentage of the plot or land area covered by the building
area.
The vertical distance measured from the average level of
the ground surrounding the building to the highest point of the roof,
but not including: chimneys, spires, towers, tanks and similar projections;
elevator or stair bulkheads, roof tanks or cooling towers, provided
such structures do not occupy more than 10% of the roof area; or parapet
walls less than four feet high.
The Building Inspector of the City of Lackawanna, New York.
A structure in which is conducted the principal use of the
site on which it is situated. In any residential district, any dwelling
shall be deemed to be a "principal building" on the lot on which the
same is located.
A vehicle, less than 30 feet in length, and used for temporary
living or sleeping purposes and standing on wheels.
A parcel of land upon which two or more travel trailers or
camping vehicles are temporarily parked and occupied.
A place used for interment of human or animal remains or
cremated remains, including a burial park for earth interments, a
mausoleum for vault or crypt interments, a columbarium for cinerary
interments, or a combination thereof.
Any place operated under license by New York State wherein
are received seven or more children under 17 years of age for care
for periods of less than 24 hours a day, who are not related to the
facility operator and whose parents or guardians are not immediately
available to the child.
Any organization catering to members and their guests, or
premises and building for recreational, general social or athletic
purposes and not open to the general public.
A planned development of five or more acres in which lots
are plotted which have less than the minimum lot size and setback
requirements but which have access to common open space that is part
of the overall site development plan approved by the Planning and
Development Board. However, not more than the maximum density of dwelling
units permitted by the existing zoning shall be allowed.
Commercial entertainment uses conducted within an enclosed
building, including, but not limited to, motion picture theaters,
concert and music halls, roller skating rinks and bowling alleys.
A business use or activity involving retail or wholesale
marketing of goods or services located in a building no less than
10,000 square feet in size designed to serve customers arriving in
passenger automobiles.
A business use or activity involving retail or wholesale
marketing of goods or services located in a building no more than
10,000 square feet in size where customers will access the facility
on foot, by public transit or by car.
Any interior wall or portion thereof located between adjacent
residential units or uses provided for the separation of the individual
and separate living or use areas.
A parcel or parcels of land together with improvements, the
use of which is shared by the owners or occupants of the individual
building sites.
A plan as defined and adopted in accordance with § 20,
Subdivisions 24 and 25 of the General City Law of the State of New
York and any amendments or master plans attached thereto by resolution
of the City Council of the City of Lackawanna.
A building or group of buildings in which residential, business
or industrial units are owned individually while the structure, common
areas and facilities are owned jointly by all the owners on a proportional
basis.
Small commercial establishments and shops catering primarily
to nearby residential areas providing convenience goods and services,
including but not limited to grocery stores (of less than 5,000 square
feet in floor area), drug stores, beauty salons, barber shops, carry-out
dry cleaning and laundry pickup stations.
The City Council of the City of Lackawanna, Erie County.
Erie County, New York.
The number of individual residential units divided by the
buildable area available for residential units reduced by an allowance
for recreation space and dedication of streets and other public improvements.
Expressed as units per acre.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings, structures, minim, dredging,
filling, grading, paving, excavation or drilling.
A commercial establishment, such as drive-in restaurants,
refreshment stands, banks and similar establishments, designed or
operated to serve patrons who remain in their automobiles.
A house consisting of two family units.
Any building or portion thereof designed or used exclusively
as the residence or sleeping place of one or more persons, except
a manufactured home or camping trailer.
A dwelling used or designed for use as a "multiple dwelling"
as defined in the New York State Multiple Residence Law.
An independent single-family dwelling unit with a common
party wall between adjacent units and each having a private outside
entrance, including but not limited to duplexes, townhouses and condominiums.
An independent single-family dwelling unit.
One or more rooms, including cooking facilities and sanitary
facilities in a dwelling structure, designed as a unit for owner occupancy,
rent or lease on a weekly, monthly or longer basis by not more than
one family for living and sleeping purposes.
Commercial service and retail facilities which occupy no
more than 10% of a commercial or industrial building's floor area
and designed to serve the needs of the building or development's employees.
Employee service facilities include, but are not limited to, credit
unions, health clinics, day-care centers, newsstands and convenience
stores.
An increase in floor area of an existing building or an increase
in the size of an existing structure or an increase in the area of
land use for an existing open space. The word "enlargement" shall
include the word "extension."
The erection, construction, alteration or maintenance by
public utilities, City or other governmental agencies of underground
or overhead gas, electrical, or water transmission or distribution
systems, including poles, wires, mains, drains, sewers, pipes, conduits,
cables, fire alarm boxes, police call boxes, traffic signals, hydrants
and other similar equipment, buildings and accessories in connection
therewith, reasonably necessary for the furnishing of adequate service
by such public utilities or City or other governmental agencies or
for the public health or safety or general welfare.
Any use involving on-site extraction of surface or subsurface
mineral products, industrial by-products or natural resources. Typical
uses include quarries, borrow pits, sand and gravel mining operations,
mining and soil. The grading and removal of dirt associated with an
approved site plan is specifically excluded from this use.
Any group living facility which provides lodging for people
who are elderly, mentally ill or chemically dependent under the supervision
of professional social service or health-care providers.
A facility or institution principally engaged in providing
services for health maintenance, diagnosis or treatment, including
but not limited to a general hospital, diagnostic center, treatment
center, rehabilitation center, extended-care center, nursing home,
intermediate-care facility, outpatient laboratory or clinic.
Any historic building, structure, facility, site or prehistoric
site that is listed on the State and/or National Registers of Historic
Places. Any historic building, structure, facility, site or district
or prehistoric site that has been proposed by the NY Board on Historic
Preservation for a recommendation to the State Historic Preservation
Officer for a nomination for inclusion in the National Register of
Historic Places. Any locally significant historic resource designated
pursuant to Article 5-K of the NYS General Municipal Law is also included.
An occupation carried on in a dwelling unit by the bona fide
resident thereof; provided that the use occupies no more than 25%
of the gross floor area of the dwelling unit and remains incidental
and secondary to the use of the dwelling unit for residential purposes
and does not change the character thereof.
An institution that people regularly attend to participate
in or hold religious services, meetings or other activities normally
referred to as churches, synagogues, monasteries or temples.
Research and development activities, the manufacturing, compounding,
processing, packaging, storage, assembly, and/or treatment of finished
or semi-finished products from previously prepared materials, which
activities are conducted wholly within an enclosed building.
Enterprises in which goods are generally mass-produced from
raw materials on a large scale through the use of an assembly line
or similar process, usually for sale to wholesalers or other industrial
or manufacturing uses. Medium industrial uses produce moderate external
effects such as smoke, noise, soot, dirt, vibration or odor. Medium
industrial uses shall exclude enterprises which pose significant risks
due to the involvement of explosives, radioactive materials, poisons,
pesticides, herbicides or other hazardous materials in the manufacturing
or other process.
A building, structure, parcel of land or portion thereof,
used for the storage, abandonment or sale of junk, scrap material
or similar waste, including the dismantling, demolition or abandonment
of automobiles, other vehicles, machinery or parts. Automobile junkyards
as defined in General Municipal Law § 136 shall be included
within this definition. “Junkyard” shall be synonymous
with “salvage yard.”
Any establishment, including cages, dog runs and structures
in which more than three dogs that are more than six months old are
harbored.
A parcel or piece of land, designated as a separate parcel
on a plat map or deed filed or recorded in the office of the Erie
County, New York Clerk, occupied or intended to be occupied by a principal
building or a group of such buildings and accessory buildings, or
utilized for a principal use and uses accessory or incidental to the
operation thereof, together with such open spaces as required by this
chapter, and having frontage on a public street.
A lot abutting upon two or more streets at their intersection
or upon two parts of the same street forming an interior angle of
less than 135°. The point of intersection of the street lot lines
is the "corner."
The portion of a site that is covered by impervious surfaces,
including structures and paving.
The mean horizontal distance between the front and rear lot
lines.
The horizontal distance between the side lot lines measured
at the point where the side lot lines intersect the street right-of-way.
All sides of a lot that abut a street shall be considered lot frontage.
On curvilinear streets, the arc between the side lot lines shall be
considered the lot frontage.
The line separating the lot from a street.
The lot line opposite and most distant from the front lot
line.
The property lines bounding the lot.
Any lot line other than a front or rear lot line. A side
lot line separating a lot from a street is called a "side street lot
line."
A lot line separating the lot from a street.
A lot or use that lawfully existed prior to the enactment
of the requirements of this chapter, but which, because of the enactment
of this chapter, no longer conforms to the minimum lot size or use
regulations of the zone in which it is located.
An interior lot having frontage on two parallel or approximately
parallel streets.
The distance between the two side lot lines measured at the
required setback line, which is determined by the minimum front yard
permitted in the district.
Retail sales and service activities required for, supportive
of or commonly associated with the construction, repair, operation,
storage, loading and unloading of boats, waterfront dock and port
facilities, marinas, navigation aids, boat fuel and equipment supply,
fishing or water-dependent recreation activities.
A vehicle of movable dwelling which is less than 20 feet
wide, not including expanding sections thereof, and which is designed
to be used for living or sleeping quarters and which stands on wheels
or on rigid supports or on a foundation and which contains no more
than one dwelling unit. “Mobile home” shall not be interpreted
to include prefabricated homes or sections thereof, camping trailers
as herein defined or construction field offices required on site for
specific projects completed within the City of Lackawanna, provided
said offices are removed within seven days of project completion.
A parcel of land held by one owner that has been planned
and improved for the placement of two or more mobile homes for living
purposes.
The City of Lackawanna, New York.
A lot, use or structure or land lawfully occupied at the
time of the enactment of this chapter by a use that does not conform
to the regulation of the district in which it is situated.
Any land or area, the preservation of which in its present
use would: (1) conserve and enhance natural or scenic resources; (2)
protect streams or water supply; (3) promote conservation of soils,
wetlands or beaches; (4) enhance the value to the public of abutting
parks, forests, wildlife preserves or nature reservations; or (5)
enhance recreation opportunities.
Zoning districts that superimpose certain additional requirements
upon a zoning district to protect certain critical features and resources.
Where the standards of the overlay and base zoning district are different,
the more restrictive standards shall apply.
Any public or private land available for recreational, educational,
cultural or aesthetic use.
The City of Lackawanna Planning and Development Board.
The office or place of business where professional services
are offered which do not involve the sale of goods or the keeping
of a stock-in-trade. Professional offices include, but are not limited
to, medical doctors, dentists, surgeons, psychologists, chiropractors,
attorneys, architects, engineers, planners, accountants, real estate
brokers and insurance brokers.
A City hall, police station, fire station, library, schools;
also including playgrounds, City parks, community or senior centers,
water and sewer plants and other City facilities.
Any road, highway, lane, district or corridor designated
pursuant to Article 49 of the NYS Environmental Conservation Law.
Any area designated a Scenic Area of Statewide Significance pursuant
to the NYS Coastal Management Program is also included.
A facility, either public or private, that provides a curriculum
of elementary and/or secondary academic instruction, including kindergartens,
elementary schools, junior high schools and/or high schools.
Site plans shall, in narrative or graphic form, illustrate
the intended design, arrangement and planned improvements to the land
and describe the proposal's physical, social and economic effects
on the community. The terms "site plan" and "site development plan"
are interchangeable.
Anything constructed, the use of which requires permanent
location on the ground or attachment to something having permanent
location on the ground, including stationary and portable carports.
A building or dwelling designed for or occupied by no more
than one family and attached to other similar buildings or dwellings
by not more than two common walls extending from the foundation to
the roof thereof and providing two direct means of access from the
outside. A townhouse is individually owned, with an owner receiving
a deed enabling him/her to sell, mortgage or exchange his/her dwelling
unit independent of the owners of any other dwelling unit attached
thereto by common wall.
The specific purpose for which land, water or a building
or structure is designed, arranged, intended or for which it is or
may be occupied or maintained. The term "permitted use" or its equivalent
shall not be deemed to include any nonconforming use.
[Added 6-7-2016]
The annual average water height of a water body.
Any open space which lies between the principal building
or group of buildings and the nearest lot line and is unoccupied and
unobstructed from the ground upward, except as herein permitted.
An open space which lies between the principal building or
group of buildings and the street lot line, unoccupied and unobstructed
from the ground upward. In case of a corner lot or a through lot,
the owner may select either street lot line as the front and shall
designate same on any request for a building or use permit; however,
the front yard requirements shall apply to yards fronting on any street.
An open space extending the full width of the lot between
a principal building and the rear lot line, unoccupied and unobstructed
from the ground upward.
An open space extending from the front yard to the rear yard
between a principal building and the nearest side lot line, unoccupied
and unobstructed from the ground upward.
The City of Lackawanna, New York Zoning Board of Appeals.
