Town of North Collins, NY
Erie County
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Table of Contents
Table of Contents
Rules of construction of language in this chapter shall be as follows:
A. 
Words used in the present tense include the future tense.
B. 
Words used in the singular include the plural, and words used in the plural include the singular.
C. 
The word "lot" includes the word "plot" or "parcel."
D. 
The word "person" includes an individual, firm or corporation.
E. 
The word "shall" is always mandatory.
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. 
Any reference to an "R District" shall be interpreted to mean R-1, R-2, R-A and R-C Districts.
H. 
Any reference to a "C District" shall be interpreted to mean C-1 and C-2 Districts.
I. 
Any reference to an "M District" shall be interpreted to mean M-1 and M-2 Districts.
For the purpose of this chapter, certain terms or words used herein shall be interpreted or defined as follows:
ACCESSORY BUILDING OR STRUCTURE
A building or structure, the use of which is incidental to that of the main building and which is located on the same premises.
ACCESSORY USE
A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building, except as otherwise provided for off-street parking.
ALTERATION
Any change, rearrangement or addition to or any relocation of a building or structure or any modification in construction or equipment.
BED-AND-BREAKFAST
A lodging facility, including a tourist home, in a residential dwelling property for lodging only or lodging and breakfast, for short-term, transient guests, with any stay not to exceed 14 days in duration.
[Added 12-4-1991 by L.L. No. 2-1991]
BUILDING
A combination of any materials, whether portable or fixed, having a roof, to form a structure affording shelter for persons, animals or property. The word "building" shall be construed, when used herein, as though followed by the words "or part or parts thereof," unless the context clearly requires a different meaning.
BUILDING HEIGHT
The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deckline of mansard (a roof with a double pitch on all sides) roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
DWELLING
A building used as the living quarters for one or more families.
A. 
One or more rooms designed for occupancy by one family for cooking, living and sleeping purposes.
B. 
A building containing one dwelling unit and designed or used exclusively for occupancy by one family.
C. 
A building containing two dwelling units and designed or used exclusively for occupancy by two families living independently of each other or two one-family dwellings having a party wall in common.
D. 
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.
DWELLING GROUP
A group of two or more dwellings located on the same lot and having any yard or open space in common.
ENLARGEMENT
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.
EXTENSION
An increase in the amount of existing floor area used for an existing use in an existing building.
FAMILY
One or more persons living together in one dwelling unit and maintaining a common household, including domestic servants and gratuitous guests, together with boarders, roomers or lodgers not in excess of the number allowed by this chapter as an accessory use.
GARAGE, PRIVATE
An accessory building or portion of a main building used for the storage of self-propelled vehicles, including commercial vehicles having a rated capacity of not more than 3/4 ton used by the occupants of the premises, and may include space for not more than one passenger vehicle used by others.
GASOLINE STATION
Any area of land, including structures thereon, that is used for the sale of gasoline, other motor vehicle fuel, oil or other lubricating substances or motor vehicle accessories and which may or may not include facilities for lubricating, washing or otherwise servicing motor vehicles, but not including the painting thereof or the storage of vehicles for any purpose other than servicing with fuel, lubricants, antifreeze, tire repair and other emergency repairs of a temporary nature.
HOTEL
A building containing sleeping rooms in which lodging is provided primarily for transient guests for compensation and which may include public dining facilities.
JUNKYARD
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 capable of being registered or machinery to be reused for the purpose for which originally manufactured.
KENNEL
An establishment for the breeding, treatment, keeping, harboring or care of 10 or more dogs and/or cats for commercial purposes.
[Amended 11-5-1997 by L.L. No. 2-1997]
LOT
A parcel of land occupied or capable of being occupied by a principal building or use, or a group of principal buildings or uses that are united by a common interest or customary accessory buildings or uses, and including such open spaces to be used in connection with such buildings or uses. A "lot" may or may not be a lot of record.
LOT, CORNER
A lot at the junction of and fronting on two or more intersecting streets.
LOT DEPTH
The mean horizontal distance between the front and rear lot lines.
LOT, INTERIOR
A lot other than a corner lot.
LOT LINE, FRONT
Where a lot abuts upon only one street, the street line shall be the "front lot line." Where a lot abuts upon more than one street, the assessment roll of the Town of North Collins shall determine the "front lot line."
LOT LINE, REAR
Any lot line which is opposite and more or less parallel with the front lot line. In the case of a lot which comes to a point at the rear, the "rear lot line" shall be an imaginary line 10 feet in length, entirely within the lot, parallel to and most distant from the front lot line.
LOT LINES
The property lines bounding a lot. Where any property line parallels a street and is not coincident with the street line, the street line shall be construed as the property line for the purpose of complying with the area and setback regulations of this chapter.
LOT LINE, SIDE
Any lot line which is not a front lot line or a rear lot line.
LOT, THROUGH
A lot in which the front lot line and rear lot line abut a street.
LOT WIDTH
The least horizontal distance across the lot between side lot lines, measured at the front of a main building erected or to be erected on such lot or at a distance from the front lot line equal to the required depth of the front yard.
MOTEL
A building or group of buildings, whether detached or in connected units, used as individual sleeping or dwelling units, designed primarily for transient automobile travelers and providing accessory off-street parking facilities. The term "motel" includes buildings designated as "motor lodges," "auto courts" and similar appellations.
NONCONFORMING USE
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 use is located either at the effective date of this chapter or as a result of subsequent amendments thereto.
NURSERY SCHOOL
A school designed to provide daytime care or instruction for two or more children from two to five years of age, inclusive, and operated on a regular basis.
NURSING OR CONVALESCENT HOME
Any building where persons are housed or lodged and furnished with meals and nursing care for hire.
PUBLIC GARAGE or REPAIR GARAGE
Any garage other than a private garage and which is used for storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles.
REPAIR
Replacement or renewal, excluding additions, of any part of a building, structure, device or equipment with like or similar materials or parts for the purpose of maintenance of such building, structure, device or equipment.
SETBACK
The least horizontal distance from any existing or proposed building or structure to the nearest point in an indicated lot line or street line.
SIGN
Any structure or part thereof or any device attached to, painted on or represented on a building or other structure upon which is displayed or included any letter, work, model, banner, flag, pennant, insignia, decoration, device or representation used as or which is in the nature of an announcement, direction, advertisement or other attention-directing device. A "sign" shall not include a similar structure or device located within a building except for illuminated signs within show windows. A "sign" includes any billboard but does not include the flag, pennant or insignia of any nation or association of nations or of any state, city or other political unit or of any political, charitable, educational, philanthropic, civic, professional, religious or like campaign, drive, movement or event.
SIGN, ADVERTISING OR BILLBOARD
A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the same zoning lot.
SIGN, FLASHING
Any moving or animated sign or any illuminated sign on which the artificial or reflected light is not maintained stationary and constant in intensity and color at all times when in use. Any revolving illuminated sign shall be considered a "flashing sign."
SIGN, ILLUMINATED
Any sign designed to give forth any artificial light or designed to reflect light from one or more sources, natural or artificial.
STORY
That portion of a building between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between any floor and the ceiling next above it. A basement shall be counted as a "story" for purposes of height measurement if the ceiling is more than five feet above the average adjoining ground level or if used for business or dwelling purposes.
A. 
A story under a sloping roof having a ceiling height of seven feet or more for an area not exceeding 1/2 the floor area of the next lower full story in the building.
STREET
Any road, avenue, lane, alley or other way which is an existing public way or which is shown on an approved plat or any private right-of-way or easement approved by the Town Board.
STREET LINE
A line separating a lot from a street. In any case where a future street line has been established or approved by the Town Board, such future street line shall be considered as a "street line" for the purposes of determining lot area and setback requirements.
STRUCTURAL ALTERATION
Any change in the supporting members of a building or other structure, such as bearing walls, columns, beams or girders.
STRUCTURE
Anything constructed or erected which requires permanent location on the ground or attachment to something having such location, but not including a trailer.
TOURIST HOME
A dwelling in which overnight accommodations are provided or offered for transient guests for compensation.
TRAILER (MOBILE HOME)
A vehicle used for living or sleeping purposes and standing on wheels or on rigid supports.
USE
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.
YARD
That portion of a lot extending open and unobstructed from the ground upward along a lot line.
YARD, FRONT
A yard extending the full length of the front lot line between side lot lines. The front yard depth of a lot located on a curve shall be measured from the cord connecting the arc of the front lot line.
YARD, FRONT EQUIVALENT
That portion of a rear yard of a through lot extending along a street line and from the street line for a depth equal to a required front yard. Any front yard equivalent shall be subject to the regulations of this chapter which apply to front yards.
YARD, REAR
On an interior lot, a yard extending for the full length of the rear lot line between side lot lines; on a corner lot, a yard extending along a rear lot line between an interior side line and a side yard which abuts a street.
YARD, REQUIRED
A yard having a depth or width set forth in the applicable district regulations. Such depth or width shall be measured perpendicular to lot lines.
YARD, SIDE
A yard extending along a side lot line from the required front yard to the required rear yard, except that on a corner lot where the side lot line abuts a street, the side yard shall extend from the required front yard to the rear lot line.
A. 
A side yard extending along a street line.
B. 
A side yard extending along a lot line of an adjoining lot.