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Village of East Aurora, NY
Erie County
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Table of Contents
Table of Contents
The language of this chapter must be read literally. Regulations are no more or less strict than stated. Words defined in Article 60 have the specific meaning assigned, unless the context expressly indicates another meaning. Words that are not defined in Article 60 have the meaning given in the latest edition of Merriam-Webster's Unabridged Dictionary.
A. 
Words used in the singular include the plural. The reverse is also true.
B. 
Words used in the present tense include the future tense. The reverse is also true.
C. 
The words "must," "will," "shall" and "may not" are mandatory.
D. 
The word "may" is permissive, and "should" is advisory, not mandatory or required.
E. 
When used with numbers, "up to X," "not more than X" and "a maximum of X" all include X.
F. 
The word "lot" shall include "plot" or "parcel."
G. 
The word "occupied" shall include "designed or intended to be occupied."
H. 
The word "used" shall include the words "arranged," "designed" or "intended to be used."
I. 
The word "person" shall mean a person, firm or corporation or the plural of those words.
Unless the context otherwise clearly indicates, conjunctions have the following meanings:
A. 
"And" indicates that all connected items or provisions apply; and
B. 
"Or" indicates that the connected items or provisions may apply singularly or in combination.
The following rules apply to factional number unless otherwise expressly stated.
A. 
Minimum requirements. When a regulation is expressed in terms of a minimum requirement, any fractional result of 0.5 or more must be rounded up to the next consecutive whole number. For example, if a minimum requirement calling for one tree to be provided for every 30 linear feet of frontage is applied to a fifty-foot dimension, the resulting fraction of 1.67 is rounded up to two required trees.
B. 
Maximum limits. When a regulation is expressed in terms of maximum limits, any fractional result will be rounded down to the next lower whole number. For example, if a maximum limit of one dwelling unit for every 5,000 square feet is applied to a 12,500-square-foot lot, the resulting fraction of 2.5 is rounded down to two (allowed dwelling units).
All references to other village, county, state, or federal regulations in this chapter refer to the most current version and citation for those regulations, unless expressly indicated otherwise. When the referenced regulations have been repealed and not replaced by other regulations, zoning law requirements for compliance are no longer in effect.
Unless otherwise expressly indicated, lists of items or examples that use "including," "such as," or similar terms are intended to provide examples only. They are not to be construed as exhaustive lists of all possibilities.
For the purpose of this chapter, certain terms or words used herein shall be interpreted or defined as follows:
ACCESSORY
The term applied to a building, structure, or use (except for accessory dwelling unit) that:
A. 
Is customarily incidental and subordinate to and serves a principal building or use;
B. 
Is subordinate in area, extent, or purpose to the principal building or use served;
C. 
Contributes to the comfort, convenience, or necessity of occupants of the principal building or use; and
D. 
Is located on the same parcel as the principal building or use.
ACCESSORY DWELLING UNIT
A second subordinate dwelling unit that is:
A. 
Contained within the existing primary single-family dwelling unit;
B. 
An addition to the existing primary single-family dwelling unit;
C. 
An adaptive reuse of an existing permanent detached accessory structure such as a barn, carriage house, or garage on the same parcel as the primary dwelling unit; or
D. 
Designed into new construction of a single-family dwelling unit.
ADULT BOOKSTORE
An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, films for sale or viewing on premises, by use of motion picture devices or any other coin-operated means, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section devoted to the sale or display of such material.
ADULT ENTERTAINMENT ESTABLISHMENT
A public or private establishment, whether licensed or not to serve food and/or alcoholic beverages, which features topless dancers, strippers, or similar entertainment.
[Amended 1-17-2023 by L.L. No. 2-2023]
ADULT MINI-MOTION PICTURE THEATER
An enclosed building with a capacity of less than 50 persons used for presenting material distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
ADULT MOTION PICTURE THEATER
An enclosed building with a capacity of 50 or more persons used regularly and routinely for presenting material having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
AGRICULTURAL ACTIVITY
The activity of an active farm, including grazing and watering livestock, irrigating crops, harvesting crops, using land for growing agricultural products, and 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.
AGRICULTURAL DISTRICT
"Agricultural district" as defined in Article 25AA of the New York State Agriculture and Markets Law.
ALTERATION
Any change, rearrangement or addition to or any relocation of a building or structure; any modification in construction or equipment.
APPLICANT
A property owner or agent of a property owner who has filed an application for a land development activity as defined herein.
APPROVAL
Favorable decision to an application that indicates acceptance and the terms of the application, as written or modified, are satisfactory. Includes both approval and approval with conditions.
ARCHITECTURAL FEATURE
Any portion of the outer surface of a structure, including the kind, color and texture of the building material, the type and style of all windows, doors, lights, signs, walls, fences, awnings, canopies, screens, sculptures, decoration, roof shape and materials, and other fixtures appurtenant to a structure. Also referred to as "architectural detail."
AREA VARIANCE
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 the applicable zoning regulations.
AUTOMOBILE
See "motor vehicle."
AWNING
A permanent overhanging shelter which projects from the face of a building.
BAR
See "tavern."
BED-AND-BREAKFAST
An owner-occupied residence wherein lodging and/or meals are provided to transient guests for compensation. This definition shall also include, but not be limited to, short-term rentals known commercially as Airbnbs, VRBOs, etc.
BERM
A man-made earthen mound (usually from two to six feet in height) designed to provide visual interest on a site, screen undesirable views, reduce noise, or fulfill other such purposes.
BLOCK
The length of a street between two intersections or between an intersection and its termination.
BREWERY
An enclosed building for the manufacture, processing, bottling, and packaging of malt liquors, such as beer, ale, or ciders, but not to include distilled liquors.
BUFFER
A unit of land, together with a specified type and amount of planting and/or fencing thereon, which may be required to eliminate or minimize conflicts between land uses. Also referred to as "screening."
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 on the roof for flat roofs, to the deck line of mansard (a roof with a double pitch on all sides) roofs and to the mean height between the eaves and ridge for gable, hip and gambrel roofs.
BULK
The size and scale of buildings and non-building uses and the physical relationship of their size and scale in relation to the lot on which they are located. Bulk requirements include building height, building footprint, and lot coverage.
CALIPER
The measurement of the size in inches of the diameter of small trees (under six inches), usually measured at six inches above grade. Trees greater than six inches in diameter are measured 12 inches above the ground. This measurement is generally used for tree-planting measurement applications.
CHANNEL
A natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.
CHARACTER
The atmosphere or physical environment that is created by the combination of land use and buildings within an area. "Character" is established and influenced by land use types and intensity, traffic generation and also by the location, size and design of structures as well as the interrelationship of all these features.
CLEARING
Any activity that removes the vegetative surface cover.
CODE ENFORCEMENT OFFICER (CEO)
The duly designated Code Enforcement Officer (CEO) of the Village of East Aurora.
COMMERCIAL MESSAGE
Any message where the primary purpose of such is the commercial advertisement or promotion of a commercial product, event, or service (including content on an Internet website operated for a commercial purpose).
COMMERCIAL USE
An occupation, employment, enterprise or establishment that is conducted for profit by the owner, lessee or licensee. This shall include but not be limited to retail, wholesale, business, administrative and other activities.
COMPATIBLE
A. 
Having a pleasing or congruent arrangement of elements in the design and/or appearance between two or more attributes of a structure;
B. 
Having a pleasing or congruent arrangement of elements in the design and/or appearance between two or more structures;
C. 
Having a pleasing or congruent arrangement of elements in the design and/or appearance between two or more attributes of a neighborhood; and/or
D. 
Having a pleasing or congruent arrangement of elements in the use or function between two or more attributes of a neighborhood or area.
CORNICE
Any horizontal decorative molding that crowns a building, such as the top edge of a facade or over an external door or window.
DEDICATION
The deliberate appropriation of property by its owner for general public use.
DESIGN MANUAL
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.
DEVELOPER
A person who undertakes land development activities.
DEVELOPMENT
Any man-made changes to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, excluding normal maintenance of farm roads and agricultural practices.
DISTILLERY
An enclosed building for the manufacture, processing, bottling, and packaging of distilled liquors, such as vodka, gin, whiskey, or tequila.
DRIVE-THROUGH ESTABLISHMENT
An establishment wherein the sale of goods or delivery of services is provided directly to patrons while seated in motor vehicles located on the premises.
DWELLING
A building used as the living quarters for one or more families.
A. 
DWELLING UNITOne or more rooms designed for occupancy by one family for cooking, living and sleeping purposes.
B. 
SINGLE-FAMILY DWELLINGA building containing one dwelling unit and designed or used exclusively for occupancy by one family.
C. 
TWO-FAMILY DWELLINGA building containing two dwelling units and designed or used exclusively for occupancy for two families living independently of each other; or two single-family dwellings having a party wall in common.
D. 
MULTIFAMILY DWELLINGA 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.
E. 
UPPER-FLOOR DWELLING UNITA dwelling unit located within a mixed-use, multistory building on any floor other than the ground floor.
F. 
DWELLING GROUPA group of two or more dwellings located on the same lot and having any yard or open space in common.
ENTERTAINMENT, INDOOR
Establishments providing amusement and/or entertainment services for a fee or admission charge within an entirely enclosed structure. This shall include, but is not limited to, movie theaters, concert halls, auditoriums, arcades, or escape rooms.
ENTERTAINMENT, OUTDOOR
Establishments providing amusement and/or entertainment services for a fee or admission charge within an open or partially enclosed structure. This shall include, but is not limited to, amphitheaters, concert venues, pavilions, or play grounds.
EROSION CONTROL MANUAL
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."
FACADE
The face of a building.
FACADE, PRIMARY OR FRONT
The principal face of a building that looks onto a street, right-of-way, or open space. Buildings on corner lots shall be considered to have two primary or front facades.
FAMILY
One or more persons living together in one dwelling unit and maintaining a common household, including domestic servants and gratuitous guests.
FAMILY DAY-CARE HOME
A program caring for children for more than three hours per day per child in which child day-care is provided in a family home for three to six children and as licensed and regulated by New York State.
FRONTAGE
The extent of a building or a lot abutting a street or right-of-way.
GARAGE, PRIVATE
An accessory building or portion of a main building used for the storage of self-propelled vehicles used by the occupants of the premises, including space for not more than one passenger vehicle used by others.
GASOLINE SERVICE STATION
Any land, including structures thereon, that is used for the sale of, among other products, gasoline or other motor vehicle fuel and oil or other lubricating substances, including any sale of motor vehicle accessories, and which may or may not include facilities for lubricating, washing of or otherwise servicing motor vehicles, but not including the painting thereof by any means.
GRADING
Excavation or fill of material, including the resulting conditions thereof.
HABITAT
The arrangement of food, water, shelter or cover and space necessary for the existence of wildlife.
HOTEL or INN
A building containing sleeping rooms in which lodging is provided and offered to the public for compensation. Generally the entrances to such sleeping rooms are located internally to the primary structure. A hotel or inn may also include incidental uses such as meeting rooms, restaurants, etc.
IMPERVIOUS COVER
Those surfaces, improvements and structures that cannot effectively infiltrate rainfall, snow melt and water (e.g., building rooftops, pavement, sidewalks, driveways, etc.).
INDUSTRIAL STORMWATER PERMIT
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.
INFILTRATION
The process of percolating stormwater into the subsoil.
JURISDICTIONAL WETLAND
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."
KENNEL
The keeping of three or more dogs, cats, or other similar domesticated animals that are more than six months old as part of a commercial operation.
LAND DEVELOPMENT ACTIVITY
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.
LANDOWNER
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.
LANDSCAPED AREA
The area required or permitted under this article to be devoted to landscaping and environmental improvement, which may include existing and new vegetation, planting beds and berms.
LANDSCAPING
The use of natural plant materials including, but not limited to, ground covers, shrubs, and trees. Landscaping also involves the placement, preservation and maintenance of said plant materials in conjunction with associated improvements such as fences, walls, lighting, earth mounding and structures (principal or accessory).
LOT
A parcel of land occupied or capable of being occupied by one building or a group of buildings, and the accessory buildings or uses customarily incident thereto, including such open spaces as are required by this chapter, but not including any portion between the center line of a street and the street line.
LOT DEPTH
The mean horizontal distance between the front and rear lot lines.
LOT LINES
The property lines bounding the 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. In the case of a lot abutting on more than one street, the owner may elect any street line as the front lot line.
LOT WIDTH
The least horizontal distance across the lot between the 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.
MAINTENANCE AGREEMENT
A legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices.
MOBILE HOME
A single-family or individual dwelling, designed for transportation, after fabrication, on streets and highways on its own wheels to a site where it is to be occupied as a dwelling, complete and ready for occupancy except for minor and incidental unpacking and assembly operations, location on jacks or permanent foundation and connected to utilities.
MOBILE HOME LOT
A designated site within a mobile home park for the exclusive use of occupants of a single motor home.
MOBILE HOME PARK
Any area for which a special use permit has been issued pursuant hereto for exclusive use of mobile homes and attendant structures.
[Amended 5-4-2020 by L.L. No. 2-2020]
MOTEL
A building providing transient lodging where individual unit entrances are located with direct access to the exterior of the primary structure. A motel may also include incidental uses such as meeting rooms, restaurants, etc.
MOTOR VEHICLE (also AUTOMOBILE)
A. 
Every vehicle operated or driven which is propelled by power other than muscular power, except:
(1) 
Electrically driven mobility devices operated or driven by a person with a disability.
(2) 
Vehicles which run on rails or tracks.
(3) 
Snowmobiles.
(4) 
All-terrain vehicles.
B. 
For the purposes of this chapter, the term "motor vehicle" shall include farm tractors, excluding self-propelled machines used exclusively for growing and harvesting of farm produce, and self-propelled caterpillars and crawler-type equipment being operated on a contract site.
NONCONFORMING
Any lawful use of land, premises, or buildings or building or structures which do not conform to the regulations of this chapter for the district in which such use or building is located, either at the effective date of this chapter or as a result of subsequent amendments thereto.
NONPOINT SOURCE POLLUTION
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.
NONRESIDENTIAL
All uses of land and buildings except single-family and two-family dwellings.
NURSING OR ADULT CARE FACILITY
Any building where persons are housed or lodged and furnished with meals and nursing care for hire.
PARAPET WALL
That portion of a building wall that rises above the level of the roof.
PARKING AREA
An off-street area containing one or more parking spaces, with passageways and driveways appurtenant thereto, as required by this chapter. This shall also include loading areas.
PARKING SPACE
An off-street space used for the temporary location of one licensed motor vehicle, not including access driveway(s).
PEDESTRIAN-ORIENTED
Refers to a pedestrian-friendly design policy providing clear, comfortable pedestrian access to residential and nonresidential areas as well as providing for the construction of buildings, sites, and amenities to be human-scaled, purposefully engaging and accommodating pedestrians.
PERSON
Any person, firm, partnership, corporation, association or legal representative, acting individually or jointly.
PERSONAL SERVICE ESTABLISHMENT
A retail business providing personal services, including, but not limited to, hair cutting, manicures, pedicures, acupuncture, tattoos, piercings and massage therapists licensed to practice by the State of New York.
PLANNING COMMISSION
The duly designated Planning Commission of the Village of East Aurora.
POLLUTANT OF CONCERN
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.
PROJECT
A land development activity.
PUBLIC RIGHT-OF-WAY
Existing land owned by the Village of East Aurora, or other government entity, for use as a street or other public purpose.
RECHARGE
The replenishment of underground water reserves.
RECREATION, INDOOR
An establishment providing for recreational activities in a completely enclosed structure. Accessory uses may be permitted to include the preparation and serving of food and/or the sale of equipment related to the enclosed recreational uses. Included in this definition shall be indoor ice rinks, pools, fields, courts, or other such facilities or arenas where patrons are engaged in and/or spectating sport or game activities.
RECREATION, OUTDOOR
An establishment providing for recreational activities in an open or partially enclosed structure. Accessory uses may be permitted to include the preparation and serving of food and/or the sale of equipment related to the recreational uses. Included in this definition shall be outdoor ice rinks, pools, fields, courts, or other such facilities or arenas where patrons are engaged in and/or spectating sport or game activities.
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.
REPAIR GARAGE
Any garage, other than a private garage, which is used for storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles.
RESIDENTIAL RENTALS
A. 
"Long-term rental" is for a period of one month or more where the tenant is leasing a unit as a primary residence.
B. 
"Short-term rental": see "bed-and-breakfast" definition.
RESTAURANT
An establishment where food and/or beverages, whether or not alcoholic, are sold to the public for consumption on the premises. Such establishment must have a full kitchen and menu as required by the New York State Liquor Authority when the sale of beer, wine, and/or liquor is provided.
RESTAURANT, TAKE-OUT
A restaurant where the food and/or beverages sold to the public are prepared and purveyed in a manner designed to encourage the purchaser to carry said food and beverages from the premises for consumption. Some seating, chairs, counters, or tables may be provided for use by patrons, but shall not be the primary use of floor area.
SATELLITE ANTENNA STRUCTURE
The support, attachments, column, masts and foundation to which communication satellite-antenna equipment is fastened or attached.
SATELLITE SIGNAL
A satellite signal which is viewed on a conventional television set and is at least equal to that received from local commercial television or by way of cable television systems.
SEDIMENT CONTROL
Measures that prevent eroded sediment from leaving the site.
SEQR(A)
The New York State Environmental Quality Review Act.
SETBACK
The horizontal distance from any building or from a specific building to the nearest point on an indicated lot line or street line.
SIGN
Any object, device, display or structure, or part thereof, visible from the public right-of-way and/or located no more than one foot inside a window that is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including but not limited to words, letters, figures, designs, symbols, fixtures, colors, illumination or project images. "Signs" shall also include all sign structures. A sign for the purposes of this chapter does not include the following:
A. 
A flag or emblem of any nation, organization of nations, state or city, or any fraternal, religious or civic organization;
B. 
Merchandise, pictures or models of products or services incorporated in a window display;
C. 
Official notices issued by any court or public office or officer in the performance of a public or official duty;
D. 
Traffic control signs as defined in the New York State Vehicle and Traffic Law; and
E. 
Works of art, including murals, that do not contain any commercial message, logo, graphic, or trademark.
SIGN TYPE
The design and/or structure of a sign as identified below:
A. 
AWNING SIGNA sign that is part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor area.
B. 
BANNERA temporary sign composed of lightweight canvas-like material, which can be attached to a structure or suspended by attachment at each end.
C. 
BILLBOARDAn off-premises sign designed to be viewed from streets, roads, and/or highways and meeting industry standards for design and construction.
D. 
DIRECTIONAL SIGNAny sign that is designed and erected for the purpose of traffic or pedestrian direction or control. Such a sign shall not carry a commercial message.
E. 
FREESTANDING SIGNA sign not attached to, dependent upon, or supported by a building, including ground signs, pedestal signs, and portable signs.
F. 
GROUND SIGNA sign not attached to any building or structure, which may be supported by one or two columns or posts provided the distance between the ground and bottommost edge of the sign is no greater than three feet.
G. 
INCIDENTAL SIGNA sign containing no commercial message and typically erected to identify ancillary property information such as restrooms, entrances, exits, hours and days of operation, or emergency or contact information. These examples are not given by way of limitation.
H. 
LAWN SIGNA sign not exceeding three feet in height and six feet in area constructed of materials not intended for permanent installation that are attached to single or multiple posts for support and stuck into the ground. The height of a lawn sign shall include any posts or supports. Political campaigns, garage sales, and charitable events, for example, are often advertised with lawn signs.
I. 
MARQUEE SIGNA permanent sign that extends from and across part or all of a building edifice and is constructed of durable materials including metal, glass or plastic and upon which a changeable message may be placed.
J. 
OBSOLETE SIGNA sign that is no longer relevant to its original intended purpose, i.e., such sign no longer advertises or identifies an open business, product sold, or event to be held.
K. 
OFF-PREMISES SIGNA sign that directs attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location other than where such sign is located. This shall not include billboards.
L. 
ROOF SIGNAny sign erected upon, against or directly above a roof or on top of or above the parapet of a building.
M. 
PEDESTAL SIGN A sign not attached to any building or structure and which is supported by one or two columns or posts with a distance exceeding seven feet between the ground and the bottommost edge of the sign.
N. 
PORTABLE SIGNA sign not permanently attached to the ground or a building, and easily removable using ordinary hand tools.
O. 
PROJECTING SIGNA sign wholly or partly dependent upon a building or structure for support which projects more than 12 inches but less than 36 inches from the facade.
P. 
SANDWICH BOARD SIGNA freestanding sign that is comprised of two sign faces diverging at a forty-five-degree angle from their adjoined edge.
Q. 
SUSPENDED SIGNA sign attached to and supported by the underside of a horizontal plane.
R. 
TEMPORARY SIGNA sign which is not intended to be used for a period of time exceeding 30 days and is not attached to a building, structure, or ground in a permanent manner, such signs usually being constructed of poster board, cardboard, masonite, plywood, or plastic material and mounted to wood, metal, wire or rope frames or supports.
S. 
WALL SIGNAny sign fastened to a building or structure that does not project more than 12 inches from the facade.
T. 
WINDOW SIGNA sign which is applied or attached to the exterior or interior of a window or is installed inside of a window within 12 inches of the window through which it can be seen.
SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP-02-01
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.
SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE STORMWATER SEWER SYSTEMS GP-02-02
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.
SPECIAL USE PERMIT
An authorization of a particular land use which is permitted in this chapter subject to requirements imposed by such permitted use to assure that the proposed use is in harmony with this chapter and will not adversely affect the neighborhood if such requirements are met.
SPECIFIED ANATOMICAL AREAS
A. 
Less than completely and opaquely covered human genitals, pubic region or female breast below a point immediately above the top of the areola.
B. 
Human male genitals in discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
A. 
Human genitals in a state of sexual stimulation or arousal.
B. 
Acts of human masturbation, sexual intercourse or sodomy.
C. 
Fondling, massaging or other erotic touching of human genitals, pubic region, buttock or female breast.
SPECIMEN TREE
Any tree that is determined to have a good chance of survival and that possesses qualities that are beneficial to wildlife, regardless of size. Two distinct forms of specimens are included: "ornamental specimen" is a perfect example of a genus, and "mercantile specimen" is a valuable wood type with commercial value.
STABILIZATION
The use of practices that prevent exposed soil from eroding.
STOP-WORK ORDER
An order issued which requires that all construction activity on a site be stopped.
STORMWATER
Rainwater, surface runoff, snowmelt and drainage.
STORMWATER HOTSPOT
A land use or activity that generates higher concentrations of hydrocarbons, trace metals or toxicants than are found in typical stormwater runoff, based on monitoring studies.
STORMWATER MANAGEMENT
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.
STORMWATER MANAGEMENT FACILITY
One or a series of stormwater management practices installed, stabilized and operating for the purpose of controlling stormwater runoff.
STORMWATER MANAGEMENT OFFICER (SMO)
An employee or officer of the Village of East Aurora designated by the Village Board to accept and review stormwater pollution prevention plans (SWPPPs), forward the plans to such agency or board of the Village of East Aurora which may be reviewing any application for a land development activity requiring submission of a SWPPP, and inspect stormwater management practices.
STORMWATER MANAGEMENT PRACTICES (SMPs)
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.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
A plan for controlling stormwater runoff and pollutants from a site during and after construction activities.
STORMWATER RUNOFF
Flow on the surface of the ground, resulting from precipitation.
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 the purpose of height measurement, if the ceiling is more than five feet above the average adjoining ground level or if it is used for business or dwelling purposes. A half-story is a story under a sloping roof having a ceiling height of seven feet or more for not more than 1/2 the floor area of the uppermost full story in the building.
STREET
Any right-of-way for a public street or any approved private right-of-way.
STREET LINE
A line separating a lot from a street.
STRUCTURAL ALTERATIONS
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.
SURFACE WATERS OF THE STATE OF NEW YORK
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.
TAVERN
An establishment where beverages, beer, wine, and/or liquor are sold to the public for consumption on the premises. Such a use shall include a minimum food preparation area and menu that satisfies the New York State Liquor Authority's minimum food requirement, where applicable. Also referred to as a bar, pub, tasting room or any establishment of similar nature.
TEMPORARY USE PERMIT
A temporary outdoor use or special event that extends beyond the normal uses and standards allowed by this chapter.
TOWNHOUSE
A multifamily dwelling containing attached or partially attached dwelling units which have individual exterior entrances and are constructed in such a manner that no dwelling unit is located above or below another dwelling unit.
USE
The specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained. The term "permitted use" or the equivalent shall not be deemed to include any nonconforming use.
USE VARIANCE
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 the applicable zoning regulations.
VILLAGE BOARD
The Board of Trustees of the Village of East Aurora, New York.
WATERCOURSE
A permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water.
WATERWAY
A channel that directs surface runoff to a watercourse or to the public storm drain.
YARD
A. 
FRONTAn open space extending the full width of the lot between the main building and the front lot line, unoccupied and unobstructed by buildings, the depth of which shall be the least distance between the front lot line and the nearest part of a main building.
B. 
REARAn open space extending the full width of a lot between the rearmost main building and the rear lot line, unoccupied and unobstructed by buildings except as hereinbefore specified, the depth of which shall be the least distance between the rear lot line and the nearest part of such main building.
C. 
SIDEAn open space extending from the front yard to the rear yard between a main building and the side lot line, unoccupied and unobstructed by buildings. The required width of the side yard shall be measured horizontally from the nearest point of the side lot line to the nearest part of the main building.
ZONING BOARD OF APPEALS
The duly designated Zoning Board of Appeals of the Village of East Aurora.