Except where specifically defined herein, all
words used in this chapter shall carry their customary meanings. Words
used in the present tense in this chapter shall be interpreted to
include the future, and words used in the plural shall be interpreted
to include the singular. The word "person" includes a corporation
as well as an individual. The word "lot" can be interpreted to include
the words "plot" or "parcel." The word "shall" is intended to be mandatory.
The word "occupied" or "used" shall be considered as though followed
by the words "or intended, arranged or designed to be used or occupied."
The word "includes" or "including" shall not limit the term to the
specified example, but is intended to extend its meaning to all other
instances of like kind and character.
[Amended 8-24-1994; 6-4-1996 by L.L. No. 1-1996; 2-18-1997; 7-6-1999; 11-8-2000; 9-3-2002; 2-4-2003; 6-7-2005; 4-4-2006; 10-2-2007 by L.L. No. 2-2007; 9-28-202010-12-2020 by L.L. No. 4-2020; 6-13-2022 by L.L. No. 2-2022]
Certain words and terms used in this chapter are defined as
follows:
An accessory structure is subordinate to and serves a principal
residence. It contributes to the comfort, convenience and/or necessities
of the occupants of the principal residence.
The use of land that is subordinate, incidental to, and customarily
found in connection with the principal use allowed on a lot by the
Zoning Law. A garage is incidental to the principal use of a lot as
a single-family residence and is customarily found on a single-family
parcel.
The production of crops, plants, vines and/or trees.
The production of crops, plants, vines and/or trees or the
keeping, grazing or feeding of livestock for animal products (including
serums), animal increase or value increase. The raising of hogs as
the main or principal occupation shall be prohibited.
A piece of land that is maintained for the horizontal or
vertical landing and takeoff of aircraft used for receiving and discharging
passengers and/or cargo that usually has facilities for the shelter,
supply and repair of aircraft.
A runaway without normal airport facilities.
As applied to a building or structure, a change or rearrangement
of the structural parts or of the exit facilities or an enlargement
(whether by extending on a side or increasing in height) or moving
from one location or position to another. The term "alter" in its
various modes and tenses or its particular form refers to the making
of an alteration.
A device used to collect or transmit telecommunications or
radio signals. Examples are panels, microwave dishes and single pole
known as "whips."
A building arranged, intended or designed to be occupied
by three or more families living independently of each other.
A property owner or agent of a property owner who has filed
an application for a land development activity.
A portion of a structure partly underground but having at
least part of its height above the average level of the adjoining
ground. A "basement" shall be counted as a story for the purposes
of height measurement and floor area if the vertical distance between
the ceiling and the average level of the adjoining ground is more
than five feet.
A residence with living quarters within the principal building
for the temporary lodging of guests of the occupants of the premises,
which living quarters shall not be a dwelling unit and which are not
rented or otherwise leased as separate dwelling units, and which may
provide breakfast meal service.
See "sign, advertising."
Green space designed to protect owners of property from the
offensive use of adjoining property, especially when the zoning changes
between the two. No structures, pavement, storage or business activity
is allowed in this area.
Any structure occupied or intended for supporting or sheltering
any occupancy.
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings,
exclusive of uncovered porches, terraces and steps. All dimensions
shall be measured between the exterior faces of walls.
Any unusable leftover material from constructed, demolished,
wrecked or burnt-out structures. Also all unused or broken concrete,
stone or similar material.
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-type
roofs and to the mean height between eaves and ridge for gable-, hip-
and gambrel-type roofs.
A line formed by the intersection of a horizontal plane of
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.
A permit issued by the Code Enforcement Officer/Building Inspector of the Town of Pendleton in accordance with § 247-73D of this chapter.
A line parallel to the street line at a distance as regulated
by the front yard requirements in this chapter.
A parcel of land designed, intended or used for the parking,
pitching, erection or maintenance of more than one travel trailer,
tent, cabin or any temporary recreation shelter.
A vehicular, portable structure (whether towed or self-propelled)
used as a temporary dwelling for traveling, recreation or seasonal
use.
A parcel of land (with or without structures) designed, intended
or used for one temporary shelter or a seasonal residence.
Consists of the equipment and structures involved in receiving
telecommunication or radio signals from a mobile radio communications
source and transmitting those signals to a central switching computer
which connects the mobile unit with the land-based or satellite telephone
facility.
A certificate issued by the Code Enforcement Officer/Building Inspector pursuant to § 247-73G of this chapter.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
Any activity that removes the vegetative surface cover.
An organization catering exclusively to members and their
guests (including premises and buildings for recreational or athletic
purposes) which is not conducted primarily for monetary gain.
Telecommunications facilities which utilize existing towers
or structures for all or partial antenna height requirements.
The person or persons, as appointed by the Town Board, pursuant to the provisions of the Town Law and § 247-73C(2) of this chapter, charged with the responsibility and authority to execute all Town ordinances. Use of the terms "Code Enforcement Officer(s)" or "Building Inspector(s)" in this chapter shall mean the Code Enforcement Officer/Building Inspector.
The Code Enforcement Officer/Building Inspector and all inspectors.
Those districts mentioned in this chapter where retail sales
establishments are permitted by right.
An order issued by the Code Enforcement Officer/Building Inspector pursuant to § 247-73O(1) of this chapter.
A body of water retained by a liner upon one parcel of land
and used only for decoration or property enhancement.
The deliberate appropriation of property by its owner for
general public use.
The New York State Department of Environmental Conservation.
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.
A person who undertakes land development activities.
A lot, with or without a structure, used for the harboring
of more than three dogs that are more than six months old.
A lot or land (or part thereof) used for the disposal, by
abandonment, dumping, burial, burning or any other means (and for
whatever purpose), of garbage, sewage, trash, refuse, junk, discarded
machinery, vehicles or parts thereof or waste material of any kind.
See, "residence."
One or more rooms providing living facilities (including
equipment and provision for cooking) and sanitary facilities for a
single household of one or more persons living as a family and having
not more than two people who are sheltered and/or fed for profit.
A place where food and/or beverages are prepared and/or sold
for consumption on the premises or for takeout, including restaurants,
tearooms, cafeterias, bars, taverns and lunchrooms.
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
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."
The erection, construction, alteration or maintenance by
public utilities or municipal or other governmental agencies of gas,
electrical, steam, water, sewage and communication systems and facilities.
Railroad trackage and facilities and bus shelters shall also be considered
as providing an essential service.
Any man-made depression one foot or more below the surrounding
grade, excluding drainage ditches.
Any manufactured home approved by the State Fire Prevention
and Building Code Council and listed as an approved modular home by
this Council. These structures may be constructed as single-family
residences.
The radius around a tower within which all portions of the
tower and antenna(s) would fall in the event of a structural failure.
One or more persons related by birth, marriage or other domestic
bond occupying a dwelling unit and living as a single, nonprofit housekeeping
unit.
An area of land containing at least seven acres which is
used for the commercial growing of the usual farm products, such as
vegetables, fruit and/or grain, and for the packing or storage of
the products produced on the premises, as well as for the raising
of the usual farm animals, such as horses, cattle and sheep (but excluding
the raising of fur-bearing animals, riding academies, livery or boarding
stables, dog kennels or the commercial raising of swine and/or poultry).
An artificially constructed barrier of wood, masonry, stone,
wire, metal or any other manufactured material or combination of materials
erected for the enclosure of land and/or dividing one piece of land
from another.
The official map received from the Federal Insurance Administration.
A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of streams,
rivers or other inland areas of water or abnormally rising lake waters
resulting from severe storms or hurricanes.
The level and elevation above which a particular use will
be considered safe from flooding. (Such levels or elevations shall
be based and updated from the 100-year flood elevation).
A relatively flat or low land area adjoining a river, stream
or watercourse which is subject to partial or complete inundation
or any area subject to the unusual and rapid accumulation of runoff
of surface waters from any source.
Any combination of structural or nonstructural additions,
changes, alterations or adjustments to properties or structures which
reduce or eliminate flood damage to land, water and sanitary facilities,
structures and contents of buildings.
The designated area on the Flood Hazard Boundary Map of a
floodplain required to carry and discharge floodwaters of a given
magnitude.
The designated area on the Flood Hazard Boundary Map of a
floodplain adjacent to the floodway and within the 100-year special
flood hazard area.
Shall include all sales entitled "garage sale," "lawn sale,"
"attic sale," "rummage sale," "flea market sale" or any similar casual
sale of personal property which is advertised by any means whereby
the public at large is or can be made aware of said sale.
An accessory enclosed space, either attached or detached
from the principal building, for the storage of one or more motor
vehicles, provided that no business, occupation, service or other
gain is conducted for profit therein nor space therein for more than
one car is leased to a nonresident of the premises. Only one garage
is allowed per building lot in a residential district.
Any garage not a private garage which is used for the storage,
repair, painting, rental, servicing or supplying of gasoline or oil
to motor vehicles.
The Town Board of the Town of Pendleton.
Excavation or fill of material, including the resulting conditions
thereof.
The distance between any vehicular entrance or exit to the
street.
An occupation, profession, activity or use that is clearly
a customary, incidental and secondary use of a residential dwelling
unit and which does not alter the exterior of the property or affect
the residential character of the neighborhood.
Unless otherwise specified, shall be deemed to include a
sanitarium, sanitorium, preventorium, clinic, rest home, nursing home,
convalescent home and any other care of ailments and shall be deemed
to be limited to places for the diagnosis, treatment or other care
of human ailments. Hospitals are required to obtain and renew annually
an operating permit issued by the Town Board.
An establishment for the medical and/or surgical care of
sick or injured animals.
Those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snowmelt and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc.).
Those districts mentioned in this chapter where industrial
uses are permitted by right.
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.
The process of percolating stormwater into the subsoil.
An inspector appointed pursuant to § 247-73C(4) of this chapter.
A lot, land or structure (or part thereof) used for the recycling,
collection, exchange, storage, packing, disassembly and/or sale of
waste, scrap metal, paper, lumber, rags or similar materials, including
storage of more than one unregistered, uninsured or uninspected motor
vehicle.
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."
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.
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.
An open, hard-surfaced area of land, other than a street
or public way, the principal use of which is for the standing, loading
and unloading of motor vehicles, tractors and trailers to avoid undue
interference with public streets and alleys. Such space shall not
be less than 14 feet in width, 60 feet in length and 15 feet in height,
exclusive of access aisles and maneuvering space.
A portion or parcel of land considered as a unit, devoted
to a certain use or occupied by a building or a group of buildings
that are united by a common interest or use and the customary accessories
and open spaces belonging to the same.
The net area contained within lot lines.
That percentage of the lot area which is devoted to building
area. District regulations refer to the maximum percentage of the
lot area devoted to building area.
The shortest distance from the street line to the rear line,
measured at right angle to the street line.
Any line dividing one lot from another.
Any lot which individually or as a part of a subdivision
has been officially recorded in the office of the Clerk of Niagara
County.
Lot width is measured from side lot line to side lot line
following the street line and in addition is measured using the shortest
distance from side lot line to side lot line at the minimum front
yard setback line.
A parcel of land at the junction of and fronting on two or
more intersecting streets.
A legally recorded document that acts as a property deed
restriction, and which provides for long-term maintenance of stormwater
management practices.
The extraction of overburden and minerals from the earth;
the preparation and processing of minerals, including any activities
or processes or parts thereof for the extraction or removal of minerals
from their original location and the preparation, washing, cleaning,
crushing, stockpiling or other processing of minerals at the mine
location so as to make them suitable for commercial, industrial or
construction use; exclusive of manufacturing processes at the mine
location; the removal of such materials through sale or exchange,
or for commercial, industrial or municipal use; and the disposition
of overburden tailings and waste at the mine location. Mining shall
not include the excavation, removal and disposition of minerals from
construction projects, exclusive of the creation of water bodies,
or excavations in aid of agricultural activities.
Excluding camping trailers, any piece of mobile equipment
designed or constructed to be towed, pulled by a motor vehicle or
self-propelled (regardless of whether the wheels are attached or unattached
or a permanent or semipermanent foundation is constructed underneath
or any structure of a permanent or semipermanent nature is attached
thereto). No mobile home shall be located within the Town, except
in a designated mobile home park. The use of the term "mobile home"
in this chapter shall mean "mobile home."
A tract of land used or intended to be used for the parking
of two or more mobile homes, together with the necessary improvements
and facilities on the land.
See "camping trailer."
Any use of land, including structures thereon, that is used
for the sale of gasoline or any other motor vehicle fuel and oil and
other lubricating substances, including any sale of motor vehicle
accessories and/or including facilities for lubricating, washing or
otherwise servicing motor vehicles (but not including the painting
thereof by any means, body and fender work or the dismantling or replacing
of engines).
The Town of Pendleton.
A lawful building, structure or use of land existing at the
time of enactment of this chapter which does not conform to the regulations
of the district in which it is situated.
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.
Any wall, dam, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel rectification, culvert, bridge, building,
wire, fence, stockpile, refuse, fill or structure in, along, across
or projecting into any channel, watercourse or regulatory flood hazard
area which may impede, retard or change the direction of the flow
of water (either by itself or by catching or collecting debris carried
by such water) or that is placed where the flow of water might carry
the same downstream to the damage of life or property.
A place which is used to conduct a business or profession
and is occupied by a physician, surgeon, dentist, lawyer or person
providing similar services or in whose office the functions of consulting,
recordkeeping and clerical work are performed.
Common or public or private greens, parks or recreation areas,
including playgrounds, woodland conservation areas, walkways, trails,
stream crossing and drainage control areas, golf courses, swimming
pools, tennis courts, ice-skating rinks and other similar recreational
uses, but which may not include any such uses or activities which
produce noise, glare, odor, air pollution, fire hazards or other safety
hazards, smoke or fumes or any use or activity which is operated for
a profit or that would be detrimental to existing or prospective development
of the neighborhood.
A permit issued by the Code Enforcement Officer/Building Inspector pursuant to § 247-73J of this chapter. The term "operating permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this chapter.
A required off-street parking space shall be an area of not
less than 170 square feet nor less than 81/2 feet wide by 20 feet
long (exclusive of access drives or aisles, ramps, columns or office
and work areas) accessible from streets or alleys, to be used for
the storage or parking of passenger automobiles or commercial vehicles
under 1Â 1/2 tons' capacity. Aisles between vehicular parking
spaces shall not be less than 12 feet in width when serving automobiles
parked at a forty-five-degree angle in one direction nor less than
25 feet in width when serving automobiles parked perpendicular to
the aisles and accommodating two-way traffic. Handicapped parking
shall be provided according to the guidelines of New York State laws.
An individual, corporation, limited liability company, partnership,
limited partnership, business trust, estate, trust, association, or
any other legal or commercial entity of any kind or description.
Clearing a parcel of land in distinct pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.
Unless otherwise designated, the Planning Board of the Town
of Pendleton as established by the Town Board by local law or ordinance,
pursuant to the provisions of § 271 of Town Law.
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.
An excavation for the owner's use on a single parcel
of land.
Land development activity.
Owned, operated or controlled by a governmental agency (federal,
state, county or local), including a corporation created by law for
the performance of certain specialized governmental functions, a public
school district or service district.
A lot or land or part thereof used for the purpose of extracting
stone, sand or gravel 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.
Shall include campers, motor homes and boats, as well as
other similar vehicles.
A building used or designed for three or four dwelling units,
including apartment houses, townhouses and condominiums. The term
"multiple dwellings" as used in this chapter shall mean multifamily
residence.
A detached building designed to contain one dwelling unit.
A detached building containing two dwelling units separated
by a fire separation.
Those districts mentioned in this chapter where single-family
detached, two-family and/or multifamily residences are permitted by
right.
A method of disposing of garbage and refuse by spreading,
covering and compacting with earth. This is not allowed in the Town.
Unless otherwise noted, section and section numbers shall
refer to this chapter.
Measures that prevent eroded sediment from leaving the site.
Places of worship, institutions for the aged and children,
child-care facilities, nonprofit colleges, hospitals, libraries, cemeteries
and institutions of a philanthropic nature and also open space.
Coldwater fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, or habitats for threatened,
endangered or special concern species.
The distance from the edge of the right-of-way to the part
of the structure nearest to the edge of the right-of-way, measured
by right angles to the edge of the right-of-way, not including cornices
or entrance steps.
Any structure or device for visual communication that is
used for the purpose of attracting the attention of the public. A
sign includes any portion of a structure or device attached to a structure
upon which is painted or represented or displayed any letter, word,
model, banner, flag, pennant, insignia, decoration or representation
used to communicate a message to (or attract the attention of) the
public. The word "sign" does not include the flag, pennant or insignia
of any nation, state, city or other political unit.
The area defined by the outermost portion of the frame, support
or edge of a sign (including roof, enhancement, etc.). Where there
is not a geometric frame or edge of a sign, the sign area shall be
defined by a projected, enclosed four-sided (straight sides) geometric
shape which most closely outlines the sign. Only one face of a sign
shall be used in measuring the sign area.
To build, construct, alter, repair, display, relocate, attach,
hang, place, suspend, affix or maintain any sign, including the painting
of exterior wall signs.
A sign which offers services or goods produced or available
somewhere other than on the lot on which the sign is located. The
words "advertising sign" include the word "billboard." Neither directional,
warning nor other signs posted by public officials in the course of
their public duty shall be construed as "advertising signs."
A sign for a permitted use conducted on the premises which
shall identify the written name and/or the type of business and/or
any trademark of an article for sale or rent on the premises and/or
communicate the type of service or articles offered on the premises.
Any sign attached directly to the wall of a building occupied
by the person to whom such sign indicates the name, occupation and/or
address of the occupant. A nameplate shall not exceed two square feet
in area.
A sign which offers a premises for sale, rent or development
or announces special events or calls attention to new construction
or alteration. Signs advertising sale items are not to be considered
as "temporary signs."
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.
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.
The maximum area designated on the Flood Hazard Boundary
Map of the floodplain that, on the average, is likely to be flooded
once every 100 years.
A use of land authorized by the Town Board pursuant to § 247-16 of this chapter subject to requirements imposed by the Town Board to ensure the use does not conflict with this chapter or other local laws or negatively impact the neighborhood or district.
Authorization by the Town Board to carry out a special use.
The use of practices that prevent exposed soil from eroding.
An accessory building in which a horse or horses are kept
for private use and not for hire, remuneration or sale.
A building in which horses are kept for remuneration, hire,
sale or other gain.
An order issued by the Code Enforcement Officer/Building Inspector pursuant to § 247-73F of this chapter.
Rainwater, surface runoff, snowmelt and drainage.
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.
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.
For use during excessive rainfall or water runoff conditions
to prevent property damage. Constructed under subdivision or site
plan review regulations.
One or a series of stormwater management practices installed,
stabilized and operating for the purpose of controlling stormwater
runoff.
An individual designated by the Town Board to accept and
review stormwater pollution prevention plans (SWPPPs), forward the
plans to such agency, committee, employee, or board of the Town of
Pendleton which may be reviewing any application for a construction
activity requiring submission of a SWPPP, and inspect stormwater management
practices. The Town Board shall appoint such individual to act as
the SMO by resolution annually.
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.
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
Flow on the surface of the ground resulting from precipitation.
That portion of a building included 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 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.
A public way which affords the principal means of access
to abutting properties.
The common line joining a street right-of-way to any lot.
That which is built or constructed or a portion thereof.
The process of creating more than one parcel from any recognized
parcel of property in Pendleton. All subdivisions must be approved
by the Planning Board.
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.
The building in which the electronic receiving and relay
equipment for a telecommunications facility is housed.
A certificate issued by the Code Enforcement Officer/Building Inspector pursuant to § 247-73G(4) of this chapter.
A structure that is intended to support equipment used to
transmit and/or receive telecommunications signals. Examples of such
structures include monopoles and lattice construction steel structures.
The Town of Pendleton.
The Town Board of the Town of Pendleton.
Either a consulting or a full-time engineer, New York State
licensed as a professional engineer, as appointed by the Town Board.
A dwelling unit designed to be occupied as a residence for
one family which is in a group of three or more attached dwellings,
placed side by side, separated by party walls, each containing one
or two stories and each having separate front and rear or side and
rear or front and side entrances from the outside.
A large piece of land under single ownership and developed,
or to be developed, as a single entity for two or more units of use.
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
Any purpose for which land or a building is designed, arranged
or intended or for which it is or may be occupied or maintained.
Permissive waivers from the terms of this chapter granted
by the Zoning Board of Appeals.
Authorization by the Zoning Board of Appeals to deviate from
the dimensional and physical requirements applicable to land pursuant
to this chapter.
Authorization by the Zoning Board of Appeals for use of land
otherwise prohibited by the terms of this chapter.
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
A channel that directs surface runoff to a watercourse or
to the public storm drain.
An open unoccupied space on the same lot with the main building
between the front line of the building and the front line of the lot
and extending the full width of the lot.
An open unoccupied space on the same lot with the main building
between the rear line of the building and the rear line of the lot
and extending the full width of the lot.
An open unoccupied space on the same lot with the main building
between the main building and the side line of the lot and extending
from the front yard to the rear yard. Any lot line not a rear line
or a front line shall be deemed a side line.
The Zoning Board of Appeals of the Town of Pendleton as established
by the Town Board by local law or ordinance, pursuant to the provisions
of § 267 of Town Law. The term "Board of Appeals" as used
in this chapter shall mean the Zoning Board of Appeals.
The map or maps incorporated into this chapter as a part
thereof designating zoning districts, the originals of which are on
file with the Town Clerk.
