A dwelling or structure wherein the floor area at a height of 7 1/2 feet is less than the ground floor area of the dwelling or structure.

Activities conducted by a farmer on-farm for the enjoyment and/or education of the public, which primarily promote the sale, marketing, production, harvesting or use of the products of the farm and enhance the public's understanding and awareness of farming and farm life, as defined in the New York Agriculture and Markets Law § 301 (15), such as and also including, but not limited to, wineries, roadside stands, u pick operations, breweries, cideries, distilleries, meaderies, microbreweries, and innovative new agricultural-related uses defined in § 288-1130 as agribusiness, including, but not limited to, corn mazes, sunflower farms, lavender farms, etc., as regulated in said § 288-1130.

The production of crops or plants or vines and trees.

The keeping, grazing, feeding and care of animals other than household pets.

The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings exclusive of unenclosed porches, terraces and steps. All dimensions shall be measured between the exterior faces of walls.

When referring to the required area per dwelling unit, means "net land area," the area exclusive of street and other public open space.

A premises including open areas other than a street or way and showrooms enclosed within a building used for the display or sale of new or used automobiles, in operating condition and meeting current New York State inspection requirements, trucks, cargo trailers, and boats.

The dismantling, wrecking or burning of used automobiles or the storage, sale or dumping of dismantled, partially dismantled or wrecked vehicles or their parts.

Pertaining to cars, as well as any motor driven vehicle.

An establishment licensed under the laws of New York State for the sale of alcoholic beverages and their consumption on the premises. Bar or tavern as defined above does not include brewery or microbrewery facilities regulated under § 288-1130 hereof.

Any structure designed and/or used for housing livestock, animals or fowl.

A story partly underground but having at least one-half of its height above the average outside ground level.

A dwelling, other than a hotel or motel, for hire or let for transient occupancy, provided such dwelling is owner-occupied.

The length of a street between two street intersections. Where street intersections are at intervals greater than 1,200 feet, 1,200 feet shall be considered the length of a block for purposes of this chapter.

A dwelling, other than a hotel or motel, wherein more than two people are regularly sheltered and/or fed for profit.

A facility for the fermenting and production of malt beverages on premises which may include on-premises for retail sale, tasting and consumption during regular business hours as defined in the Alcoholic Beverage Control (ABC) Law. A brewery may also include a farm brewery licensed under the Alcoholic Beverage Control Law that is a farm operation subject to the requirements and guidelines of the New York State Department of Agriculture and Markets associated with a farm operation which markets farm products consistent with guidelines of the New York State Department of Agriculture and Markets. Unless regulated or otherwise required by this chapter or any other applicable law, the term brewery shall also include microbrewery.

Any structure constructed or used for residence, business, industry or other public or private purposes, or accessory thereto, including tents, lunch wagons, dining cars, mobile homes, signs and similar structures whether stationary or movable.

The line of that face of a principal building nearest the street line. In the case of a corner lot any building line nearest to a street line shall be considered a front building line.

An established building or structure lawfully existing prior to and at the time of the adoption of this chapter which, because of its inherent nature of construction, does not conform to and with the provisions of this chapter for the district in which it is located.

A building other than a garage as defined hereunder, the use of which is for personal purposes and not for business purposes, which use is customarily incidental to that of a principal building and which is located on the same lot as that occupied by the principal building.

Any addition to a building or any change from one use classification to another, or removal of a building from one location to another.

A building including covered porches, in which is conducted the principal use of the lot on which it is situated. In any residence district, any dwelling shall be deemed the principal building on the lot on which the same is situated.

A building other than a barn used for any active agricultural purpose.

A commercial activity engaged in a single enterprise for the purpose of making a profit, including retail, services, marketing, wholesaling or distributing marketable goods, including the indoor storage of related equipment.

Any area on which are located two or more cabins, tents or tent floors, camp or travel trailers, shelters, houseboats, or other accommodations of a design or character for seasonal or other, more or less, temporary living purposes whether or not such structures are actually occupied seasonally or otherwise.

An amusement show, usually traveling from place to place having side shows, ferris wheels, merry-go-rounds, etc.

An establishment for washing of motor vehicles as a principal use.

A portion of a building having more than one-half of its height below the average outside ground level.

Land used or intended to be used for the burial of dead human beings and dedicated for cemetery purposes, including columbariums, crematories, mausoleums and mortuaries when operated with and within the boundary of such cemetery.

A line midway between and parallel to two street or road right-of-way lines.

Any place or premises where cider is manufactured for sale, tasting and consumption during regular business hours and all offices, vaults, yards and store rooms connected therewith or where any part of manufacture of cider is carried on or where the apparatus connected with such manufacture is kept or used or where any products of cider are stored or kept shall be deemed to be included in and form part of the cidery to which they are attached or are appurtenant as defined in the Alcoholic Beverage Control (ABC) Law. A cidery may also include a farm cidery licensed under the Alcoholic Beverage Control Law that is a farm operation subject to the requirements and guidelines of the New York State Department of Agriculture and Markets Law associated with a farm operation which markets farm products consistent with the guidelines of the New York State Department of Agriculture and Markets.

An exhibition of wild animals, acrobatic feats, together with side shows and vending concessions.

A structure designed for the practice of dentistry in which out-patient patients are treated.

A structure designed for the practice of medicine in which out-patient patients are treated.

A building to house a club or social organization not conducted for profit and which is not an adjunct to or operated by or in connection with a public tavern, cafe, or other public place.

Being any vehicle used for commercial purposes including but not limited to three-axle trucks, 10 or more wheeled vehicles and tractor-trailers, but not including pick-up trucks, vans, or self-propelled recreation vehicles owned for personal use by an owner or lessee of the premises.

An unoccupied open space, other than a yard. An outer court is one that extends to the street or to the front or rear yard. An inner court is any other court.

That percentage of the lot covered by the building area.

A facility for distillation of fermented products to produce distilled beverages with a high alcohol content on premises for retail sale, tasting and consumption during regular business hours as defined in the New York Alcoholic Beverage Control (ABC) Law. A distillery shall also include a farm distillery licensed under the Alcoholic Beverage Control Law that is a farm operation subject to the requirements and guidelines of the New York State Department of Agriculture and Markets associated with a farm operation which markets farm products consistent with the guidelines of the New York State Department of Agriculture and Markets.

See "fraternity."

A drive-in business including drive-in outdoor theaters, refreshment stands, banks and the like where patrons enter the premises and are served or entertained in automobiles. Deposit and pick-up services shall not be considered drive-in businesses as defined herein.

Land situated on a lot used or intended to be used to provide access to it by vehicular traffic.

Land used for the disposal by abandonment, dumping, 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.

A house or other building designed or used primarily for human habitation. The word "dwelling" shall not include tourist homes, motels, hotels or other structures designed for transient residence or mobile homes as defined herein.

Any dwelling or portion thereof used or intended to be used by one family, and providing complete housekeeping facilities therefore.

A building having two side yards and accommodating three or four families.

A building having two side yards and accommodating one family.

A detached building containing two dwelling units separated as required by the New York State Uniform Fire Prevention and Building Code each having one side yard.

A building having two side yards and accommodating two families.

A college or university giving general academic instruction. Included within this term are areas or structures used for a) administration, b) housing of students and faculty, c) dining halls, d) social or athletic activities, when located on the institution's land that is not detached from land where classroom facilities are maintained.

A building or group of buildings, usually with equipment, where goods are manufactured.

A structure designed primarily for residential occupancy, constructed by a method or system of construction whereby the structure or its components are wholly or in substantial part manufactured facilities intended or designed for permanent installation, or assembly and permanent installation on a building site.

An occasional or periodic competitive exhibition of farm products, and/or livestock, or other event operated by a church or other civic organization, usually accompanied by amusement features and for which an admission fee is or may be charged.

Any parcel of land containing at least seven acres which is used in the raising of crops, livestock and livestock products or as otherwise described in § 301 of the New York Agriculture and Markets Law.

The land and on-farm buildings contributing to the production, preparation and marketing of crops, livestock and livestock products as a commercial enterprise, and as otherwise described in § 301(11) of the New York Agriculture and Markets Law.

A facility used for housing, with or without dining facilities, of students attending an educational institution as defined herein and which is approved as a residence for its students by the aforementioned educational institution and by New York State Health Department.

A single story structure not exceeding 1,000 square feet with a door height not exceeding 10 feet for personal use only which is not used as a business or used for storage space for more than one commercial vehicle which shall be owned by a person residing on the premises.

A garage conducted as a business including the rental of storage space for passenger cars or for one or more commercial vehicles not owned by a person residing on the premises.

The elevation of the center line of the streets as officially established by the Town, county or state highway authorities.

The completed surfaces of lawns, walks and roads brought to grade as shown on official plans or designs relating thereto.

The vertical distance from grade plane to the average height of the highest roof surface.

The vertical distance from top to top of two successive tiers of beams or finished floor surfaces; and, for the topmost story, from the top of the floor finish to the top of the ceiling joists or, where there is not a ceiling, to the top of the roof rafters.

Any use customarily conducted entirely within a dwelling and carried on by the inhabitants thereof which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. Home occupations may be construed to include: sewing, baking, dressmaking, millinery, home-cooking, musical instruction limited to a single pupil at a time, art studios and activities of a similar nature and provided there is adequate off-street parking, no significant traffic, and no signs. Home occupations shall not be construed to include barber shops and beauty parlors, public stables, kennels, animal hospitals, restaurants and tea rooms, musical instruction to groups, dancing instruction to groups, nursing homes, nursery schools, public garages, plumbing or electrical shops or other trades or businesses of a similar nature nor shall any customary home occupation be construed to include that which requires the presence on the property or in the home of machinery or equipment normally associated with commercial or industrial activities. Any use requiring a license or permit from a government organization shall not be considered a home occupation.

A dwelling in which overnight accommodations are provided for not more than three transient paying guests for not more than three consecutive nights.

Used for riding or drawing burdens and including ponies, mules and donkeys.

An establishment for temporary occupation by the sick or injured for the purpose of medical diagnosis and treatment, including sanitaria, and shall be limited to the treatment or other care of humans.

An establishment for temporary occupation by sick or injured animals for the purpose of medical diagnosis and treatment, and shall exclude the treatment or other care of humans.

A building or group of buildings in which there are 12 or more rental sleeping rooms and which may also include dining rooms, kitchens, serving rooms, ballrooms and other facilities and services intended primarily for the accommodation of its patrons.

Living space in a one-family or two-family dwelling for a parent or other relative which includes a separate bedroom, bathroom, kitchen and/or other similar living area in the case where other areas, such as living rooms, laundry facilities, etc., are used in common with the primary residence.

An activity involving production, assembly or manufacturing of marketable goods. The term industry includes the entire range of economic activity and as applied to specifics (i.e., manufacturing, wholesale, retail, services, etc.,) shall have the meaning set forth in the Standard Industrial Classification Manual.

A lot, land or structure or part thereof used for collecting, storage, sale or abandonment of any material including but not limited to wastepapers, lumber, scrap metal, discarded material, used building material; or for collecting, dismantling, storage, salvage, sale, abandonment, of machinery or vehicles not in operating condition or not inspected and approved by the New York State Department of Motor Vehicles. One or more abandoned, disabled or nonregistered or noninspected automobiles or motor vehicles stored outside shall constitute a junkyard.

An establishment including cages, dog runs and structures wherein between four and eight dogs which are over six months old registered to the owner of the premises are harbored.

An establishment including cages, dog runs and structures wherein more than three dogs which are over six months old, and wherein at least one of the dogs is registered to someone other than the owner of premises, are harbored on a regular basis.

A business premises equipped with individual clothes washing and drying and/or cleaning machines for the principal use of retail customers.

Assembly or processing of material or goods which creates no objectionable odors, fumes, dirt, vibration, glare or noise beyond the site containing the use.

A piece, parcel or plot of land occupied or to be occupied by a principal building and its accessory building or buildings and including the yards and other open spaces required by this chapter.

The horizontal distance from the street line of the lot to its opposite rear line measured along the median between the two side lot lines.

The lines that bound a lot as defined herein.

Any lot which has been established as such by plat, survey, record or deed prior to the date of this enactment as shown on the records of the Niagara County Clerk's Office.

The distance between the side lot lines measured along the road right-of-way line.

A lot which has an interior angle of less than 135° at the intersection of two street lot lines. A lot abutting upon a curved street or streets shall be considered a corner lot if the tangents to the curve at the points beginning within the lot or at the points of intersection of the side lot lines with the street line intersect at an interior angle of less than 135°.

A lot other than a corner lot.

Any operation (other than in connection with foundations for a structure or highway construction) as defined and regulated by § 288-1113 herein involving a volume of earth movement exceeding the average of one cubic foot per square yard of lot area, or 30 cubic yards, whichever is the lesser, other than a farm or recreational pond regulated under § 288-1100A(1)(u) hereunder.

A factory-manufactured dwelling unit built on or after June 15, 1976, and conforming to the requirements of the Department of Housing and Urban Development (HUD), Manufactured Home Construction and Safety Standards, 24 CFR Part 3208, 4-1-1993, and any further amendments thereto, transportable in one or more sections, which, in the traveling mode, is eight feet (2,438 mm) or more in width or 40 feet (12,192 mm) or more in length, or, when erected on-site, is 320 square feet (29.7 m²) minimum, constructed on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning and electrical systems contained therein. The term "manufactured home" shall also include any structure that meets all the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Federal Department of Housing and Urban Development and complies with the standards established under the national Manufactured Housing Construction and Safety Act of 1974, as amended.[1] The term "manufactured home" shall not include any self-propelled recreation vehicle.

Any business established for the conversion of honey into an alcoholic beverage, produced on the premises or consistent with applicable Alcoholic Beverage Control (ABC) Law. A meadery may also include a farm meadery licensed under the Alcoholic Beverage Control Law that is a farm operation subject to the requirements and guidelines of the New York State Department of Agriculture and Markets associated with a farm operation which markets farm products consistent with the guidelines of the New York State Department of Agriculture and Markets.

See "brewery."

Extraction, removal and disposition of any naturally formed solid material located on or below the surface of the earth.

Any lot on which two or more mobile homes are located regardless of whether or not a charge is made for such accommodations as regulated herein.

A home that meets the requirements set forth in the Code of Federal Regulations of Housing and Urban Development[2] and is designed to be towed, but does not bear the insignia of Approval issued by the New York State Building Code Council.

A building wholly or in substantial part, manufactured in a manufacturing facility, intended or designed for permanent installation or assembly on a building site, and whereby all portions may not be reasonably inspected at the installation-site without disassembly or destruction thereof.

A public inn containing not less than eight rental units with provisions for, but not limited to;

Any premises used by a motor freight company regulated by the Public Service Commission of New York and/or the Interstate Commerce Commission as a carrier of goods, which is the origin and/or destination point of goods being transported for the purpose of storing, transferring, loading and unloading such goods.

Any self-propelled, wheeled conveyance that does not run on rails, including, but not limited to, automobiles, trucks, motorcycles and all-terrain vehicles.

Any area on land, including structures thereon, that is used for painting motor vehicles by any means, body and fender work, or repairing or replacing engines and/or other automobile parts.

Any area of land, including structures thereon, that is used for the sale of gasoline or any other motor fuel and oil and other lubricating substances, including any sale of 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 by any means, body and fender work, or the dismantling or replacing of engines.

A facility designed to provide daytime care or instruction for two or more children and operated on a regular basis, as permitted and licensed by the State of New York, including early childhood and education programs and pre-school programs.

Any establishment where persons are housed or lodged and furnished with meals and nursing care for hire.

The utilization of a building, structure or land.

Occupancy for a period not exceeding six months during any one calendar year.

An unoccupied space open to the sky required by the terms of this chapter.

For the purpose of computing the number of parking spaces available in a given area, the ratio of 200 square feet per parking space shall be used.

Excavated area containing water and having not more than one-half of an acre of surface area used for agricultural or recreational purposes, properly maintained and located behind any residence upon premises, with setbacks of at least 100 feet from the road right-of-way and 40 feet from the side and rear property lines.

A porch opens on three sides except for wire screening. A porch shall not be considered open if enclosed by either permanent or detachable glass sash. A structure having a driveway running to it, under it, or through it shall not be considered to be an open porch.

A lot or land or part thereof used for the purpose of extracting stone, sand, gravel or topsoil for sale, as an industrial operation, and exclusive of the process of grading preparatory to the construction of a building for which a building permit has been issued, or highway construction as regulated by § 288-1113 hereof.

A building or portion thereof intended for the performance of religious ceremonies.

An establishment where horses are kept for riding, driving, or stabling for compensation or incidental to the operation of any club, association, ranch or similar establishment.

A stall or booth for business which shall be limited to the sale of farm products, which are substantially produced in the Town.

A private hospital whether or not such a facility is operated for profit.

Any school having regular sessions with regularly employed instructors who teach those subjects that are fundamental and essential in general education under the supervision of the State of New York or a lawfully constituted ecclesiastical governing body or a private corporation meeting the requirements of the state.

Same as elementary school, except secondary education is provided.

Any school having regular sessions with regularly employed instructors who, as a principal activity, provide training in a trade or vocation, and teach those subjects that are fundamental and essential in elementary or secondary education, under the supervision of the State of New York or a lawfully constituted ecclesiastical governing body, or a corporation meeting the requirements of the state.

Any structure or part thereof, attached thereto, or painted or represented thereon, which shall display or include any letter word, model, banner, flag, pennant, insignia, device or representation, but not including the flag, pennant or insignia of any nation, state, city or other political unit, or of any political, educational, charitable, philanthropic, civic, professional, religious or like organization on the property thereof.

A sign which directs attention to a business, profession or industry located on the premises where the sign is displayed, to the type of products sold, manufactured or assembled, and/or to service or entertainment offered on said premises.

A sign advertising the sale of farm products raised on the premises.

A sign used to identify the individual organization occupying the premises or the name of the building or structure in connection with which the sign is displayed.

A sign advertising property on which it is located, or a building thereon, for sale, rent or lease.

See "fraternity."

An accessory building in which horses are kept for private use and not for hire, remuneration or sale.

A building in which horses are kept for remuneration, hire or sale.

Land used for the keeping of goods, wares or supplies on land outside of any building or structure.

That part of a building, included between any floor, other than a cellar floor, and the floor or roof next above.

A street line is the right-of-way line of a street as indicated by dedication or by deed of record.

Any public way dedicated to public travel equal to or greater than 66 feet in width, as well as any other public way previously dedicated to public travel less than 66 feet in width.

Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.

Any structure, basin, chamber, or tank which is intended for swimming, diving, recreational bathing or wading and which contains, is designated to contain, or is capable of containing water more than 24 inches (610 mm) deep at any point. This includes in-ground, above-ground and on-ground pools; indoor pools; hot tubs; spas and fixed-in-place wading pools.

See "bar or tavern."

A building or part of a building devoted to presenting entertainment on a paid admission basis.

Open land with its appurtenant facilities devoted to the showing of motion pictures to patrons seated in automobiles.

See "home, tourist."

A vehicle designed exclusively for the transportation of one boat of less than ten-foot beam.

A vehicle or portable structure not over 150 square feet in floor area, equipped, but not regularly used for sleeping, but which may not have sanitary facilities.

A vehicle, not over 70 square feet in floor area, used for the hauling of cargo, also commonly described as a "utility trailer."

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. The term "permitted use" shall not be deemed to include any nonconforming use.

An established use of a building or structure or use of land lawfully existing prior to and at the time of the adoption or amendment of this chapter that does not conform with the permitted use provisions of this chapter as they apply to the district in which the building, structure or land is located.

Shall include any of the following:

Any business established for the conversion of grapes, fruit and foods into wines, grown on premises or consistent with the applicable Alcoholic Beverage Control (ABC) Law. A winery may also include a farm winery licensed under the Alcoholic Beverage Control Law and a farm operation subject to the requirements of the guidelines of the New York State Agriculture and Markets that is a farm operation which markets farm products consistent with the guidelines of the New York State Department of Agriculture and Markets. Such uses may also provide for wine tasting, wine sales and sales of related wine products.

An unoccupied space open to the sky on the same lot with a building or structure.

An open space extending across the entire width of the lot between the building line or front main wall of the principal building and the front property line (street or road right-of-way line) and into which space there shall be no extension of building parts other than steps, eaves, cornices and similar fixtures.

An open space extending across the entire width of the lot behind the rear main wall of the principal building into which space there shall be no extension of principal building parts, other than steps, eaves, cornices, open porches, or similar fixtures.

An open space extending between the main side walls of the principal building and the side lot line into which space there shall be no extension of principal building parts, other than steps, eaves, cornices, open porches or similar fixtures.