As used in this chapter, the following terms shall have the meanings indicated:
ACCESS DRIVEA path for motor vehicles, leading from a street or road, to a garage or other parking area or space.
ACCESSORY STRUCTUREA subordinate structure located on the same lot with the principal structure, occupied by or devoted to an accessory use. Where an accessory structure is attached to the principal structure in a substantial manner, as by a roof, such accessory structure shall be considered part of the principal structure.
ACCESSORY USEA use which is incidental and subordinate to the principal use of the property, located on the same lot therewith.
ALTERATIONAny change, rearrangement or addition to or any relocation of a building or structure; any modification in construction or equipment.
AMUSEMENT/RECREATIONAL ENTERPRISESA use which is primarily intended to provide entertainment through the use of audiovisual devices, interactive game devices, games of skill, movie screens, closed circuit television, pool tables and rides. Amusement enterprises, when combined with other uses, such as a restaurant or retail sales, will be considered accessory to the other use if the amusement enterprise occupies a maximum of 25% of the net floor area of the business.
ATTICAny area under a roof, with or without a finished floor, which does not meet other requirements for livable floor area.
AUXILIARY HOUSING UNITA room or group of rooms within a detached single-family dwelling forming a semi-independent habitable unit, which may be occupied by elderly or disabled members of the family occupying the dwelling for separate living, sleeping, cooking or eating purposes.
BASEMENTA story partly below the grade level but having at least 1/2 of its height above the average grade of the surrounding land.
BLOCKRefers to the continuous frontage on one side of a street, either between side streets or the beginning and end of a street with frontage uninterrupted by other streets.
BUILDABLE AREAThat portion of the lot remaining after required yards have been provided.
BUILDINGAny improvement having a roof supported by columns or walls for the housing or enclosure of persons, animals or chattels; mobile home.
BUILDING AREAThe maximum horizontal projected area measured from the exterior of the walls of the building and its accessory building.
BUILDING, COMPLETELY ENCLOSEDA building separated on all sides from the adjacent open area or from other buildings or other structures by a permanent roof and by exterior walls or party walls, pierced only by windows or normal entrances or exit doors.
BUILDING HEIGHTThe vertical distance measured from the average elevation of the proposed finished grade around the building to the highest point of the roof for flat roofs, to the deck line for mansard roofs and to the mean height between the eaves and the ridge for gable, hip and gambrel roofs. For the purpose of determining height for principal buildings, such measurements shall be made from the average finished grade at the front setback. For the purpose of side yard or rear yard determination, such measurement shall be made from the average finished grade of the wall extending along such side yard or rear yard.
CELLARAs defined in the New York State Uniform Fire Prevention and Building Code.
CLUB (PRIVATE)A not-for-profit organization, not including a fraternity or sorority house, whose premises are restricted to its members and their guests.
COMMUNITY SERVICEA religious, governmental, scientific, literary, sporting, educational or charitable not-for-profit organization with a principal place of business in the Town of Cheektowaga, excluding the Villages of Depew and Sloan and such entity's principal use is for providing a religious, governmental, scientific, literary, sporting, educational or charitable service to the community. Residential dwellings shall be excluded from this definition.
[Added 3-18-2013 by L.L. No. 2-2013]
COURT, OUTERSame as in inner court, but with one side open to a yard.
DEVELOPMENT AREAAn area of land permitted by this chapter to be developed by a single owner or group of owners, acting jointly, which may consist of a parcel or assembled parcels planned and developed as an entity.
DWELLINGA building or portion thereof designed or occupied exclusively for residential and permitted accessory uses.
DWELLING GROUPA group of two or more dwellings located on the same lot and having any yard or open space in common.
DWELLING, MULTIFAMILYA building or portion thereof containing three or more dwelling units and designed or used for occupancy by three or more families living independently of each other.
DWELLING UNITA room or group of rooms within a building forming a single habitable unit which may be occupied by a single family for living, sleeping, cooking and eating purposes. A dwelling unit may be attached or detached.
ENLARGEMENTAn increase in floor area of an existing building, or an increase in size of any existing structure, or an increase in the area of land used for an existing open use, or an increase in the number of uses on the premises.
EXTENSIONAn increase in the amount of existing floor area used for an existing use in an existing building.
FAMILYAny number of individuals living together as a single housekeeping unit:
A. Who are related by blood, marriage or adoption; or
B. Although not related by blood, marriage or adoption, whose living arrangements are the functional equivalent of a traditional family.
FARMA single parcel of land five acres or more in size on which an owner or tenant carries on agricultural or dairying pursuits or the raising of livestock or poultry or the keeping of bees.
FILLING OF LANDSThe raising of the level of lands by adding earth, gravel, or other approved materials to the site. Filling shall not include landscaping activities such as gardening, laying of sod and establishing typical planting beds or lawns.
FLOOR AREAThe total horizontal area of a building as outlined by its exterior main walls, not including any space the habitation of which is prohibited by any law, built-in or attached garages, porches or terraces.
FRATERNITY OR SORORITY HOUSEDwelling maintained exclusively for members of the fraternity or sorority enrolled in an academic college, university or other educational institution.
GARAGE, PRIVATEA building, accessory to dwellings, used exclusively for the parking or temporary storage of motor vehicles, boats and trailers.
GARAGE, REPAIRSee "motor vehicle and trailer repair and service establishment."
GARAGE, STORAGEA main or accessory enclosed building with doors, other than a private garage, used for parking or temporary storage.
GROUND-FLOOR AREAThe maximum horizontal area of a building at the ground level, excluding open porches, terraces and steps and attached or built-in garage area.
GROUP HOMEA residential facility, such as a community residence, for mentally disabled individuals as defined by the
Mental Hygiene Law and the rules and regulations issued under this chapter; similar facilities regulated by state or federal statutes.
HOME OCCUPATIONAny use customarily conducted entirely within a dwelling and carried on only by the residents thereof, and which is clearly incidental and secondary to the use of the dwelling for living purposes and does not change the character thereof, provided that:
A. Only customary home appliances are used.
B. There is no exterior evidence of such home occupation.
C. No article is sold or offered for sale except such as may be produced by members of the family residing on the premises.
D. Any use first permitted and as regulated in the NS or M Districts shall not be interpreted as being a home occupation.
HOME OFFICEThe use of a portion of a residential dwelling unit by one or more resident occupants for purposes of conducting a business which is clerical in nature and does not require the exchange of tangible goods within the residence or the receiving of employees or clients at the residence. Such uses include but are not limited to data processing, telecommuting, billing services and scheduling services. Service providers whose service is provided off the residential premises and who require a portion of a dwelling for the clerical portion of their service business are also included in this definition. Adult uses as defined by §
260-37A(1)(h) are not permitted to be home offices. The establishment of a home office is permitted as of right as an accessory use within all residential zoning districts without the requirement of a special use permit to be issued by the Zoning Board of Appeals. Such office shall be clearly incidental and subordinate to the use of the premises for residential purposes. The area devoted to the home office shall not exceed 15% of the ground-floor area of the principal structure. It may be within the principal or accessory structure.
[Added 10-17-2005 by L.L. No. 4-2005]
JUNKYARDA place where junk, waste, discarded or salvage materials are bought, sold, exchanged, sorted, baled, packed, disassembled, handled or abandoned; but not including pawnshops, antique shops, establishments for the sale, purchase or storage of used furniture, household equipment, clothing, used motor vehicles capable of being registered, or machinery to be reused for the purpose for which originally manufactured.
KENNELAny premises on which four or more dogs more than six months old are kept. This includes facilities where dogs are boarded, trained, raised or bred.
LOTA parcel of land occupied or capable of being occupied by a principal building or use or a group of principal buildings or uses that are united by a common interest or customary accessory building or uses, and including such open spaces to be used in connection with such building or uses. A lot may or may not be a lot of record.
LOT, CORNERA lot at the junction of and fronting on two or more intersecting streets.
LOT DEPTHThe mean horizontal distance between the front and rear lot lines.
LOT LINE, FRONTWhere a lot abuts upon only one street, the street line shall be the front lot line. Where a lot abuts upon more than one street, the assessment roll of the Town of Cheektowaga shall determine the front lot line.
LOT LINE, REARAny lot line which is opposite and more or less parallel to the front lot line. In the case of a lot which comes to a point at the rear, the rear lot line shall be an imaginary line, 10 feet in length, entirely within the lot, parallel to and most distant from the front lot line.
LOT LINESThe 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 purposes of complying with the area and setback regulations of this chapter.
LOT LINE, SIDEAny lot line which is not a front lot line or a rear lot line.
LOT OF RECORDLand designated as a separate parcel on a plat map or deed filed or recorded in the office of the Clerk of Erie County, New York.
LOT WIDTHThe minimum required lot width as specified in this chapter measured at the minimum required front yard building setback. Lots which have curvilinear frontages shall be measured at the minimum required front yard building setback along the tangent of the arc.
MIXED OCCUPANCYOccupancy of a building in part as a dwelling and in part of some other use not accessory thereto.
MOBILE HOMEA dwelling unit constructed to be towed on its own chassis and undercarriage, at least 40 feet long and 10 feet wide and containing living facilities suitable for year-round occupancy by one family, including permanent provisions for eating, sleeping, cooking and sanitation. Mobile homes may be located only in the RMH District.
MOBILE HOME PARKA tract of land owned, operated and maintained by a person, company or corporation where rental space and utilities are provided for two or more mobile homes used for living quarters.
MOTEL or HOTELA building or group of buildings, whether detached or in connected units, used as individual sleeping or dwelling units designed primarily for transient automobile travelers and providing accessory off-street parking facilities. The term "motel" includes buildings designated as motor lodges, auto courts and similar appellations, and may include a full-service restaurant.
MOTOR FUEL DISPENSING STATIONA place where motor fuels, oil, grease, batteries, tires and motor vehicle accessories may be supplied and dispensed at retail and where, in addition, the following services may be rendered and sales made:
A. Sales and servicing of spark plugs, batteries and distributors and distributor parts;
B. Tire servicing and repair, but not recapping or regrooving;
C. Replacement of mufflers and tail pipes, water hose, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers and wiper blades, grease retainers, wheel bearings, mirrors, and the like;
D. Radiator cleaning and flushing;
E. Washing and polishing, and the sale of automotive washing and polishing materials;
F. Greasing and lubrication;
G. Providing and repairing of pumps and lines;
H. Minor servicing and repair of carburetors;
J. Adjusting and repairing brakes;
L. Sale of beverages, packaged foods, tobacco and similar convenience goods;
M. Provision of road maps and other informational material to customers; provision of restroom facilities.
NONCONFORMING USEAny lawful building or structure or any lawful use of land, premises, building or structure which does not conform to the regulations of this chapter for the district in which such building, structure or use is located either at the effective date of this chapter or as a result of subsequent amendments thereto.
OPEN SPACEAn area unobstructed by buildings from the ground upward, except for walks, paths, landscaping or other site features in public, common or other private ownership. Yards of individual lots occupied by dwellings shall not constitute open space.
OPEN SPACE, COMMONA parcel or parcels of land or an area of water or a combination of land and water within the site, privately owned and designed and intended for the use and enjoyment of two or more households residing in the site, or in specified portions thereof, or other users if permitted by the owners of the common open space. Common open space may contain such structures and improvements as are necessary and appropriate for the benefit and enjoyment of persons served by such common open space.
OVERLAY DISTRICTA district classification superimposed in addition to another (basic) district classification, further regulating or limiting structures and uses otherwise permitted and regulated pursuant to the basic district classification.
OWNERAs used in this chapter, shall include, in addition to its usual meaning, tenant, lessee, occupant or other user.
PUBLIC DONATION BIN (PDB)An enclosed bin, container, or structure held out to the public for the collection of donated clothing, household items, toys or other goods that are then collected by a religious, governmental, scientific, literary, sporting, educational or charitable non-profit organization and used for the advancement of said organization.
[Added 3-18-2013 by L.L. No. 2-2013]
REPAIRReplacement 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 buildings, structure, device or equipment.
RESERVOIR SPACEA temporary storage space for a vehicle waiting for service or admission.
RESIDENT PROFESSIONALA health care professional, attorney, engineer, architect, community planner, landscape architect, land surveyor, accountant, insurance agent or broker, realtor, teacher and photographer only and requiring the visitation of clients or the need to have a nonresident employee.
[Amended 10-17-2005 by L.L. No. 4-2005]
RESTAURANTSA. FULL-SERVICE RESTAURANTAn eating establishment where the products sold are consumed within a completely enclosed building, where the taking out of food or drink from said building is purely incidental and where the consumption of food in vehicles on the premises where the building is located is prohibited.
B. DRIVE-IN RESTAURANTAn eating establishment whose customers normally arrive by motor vehicle, are provided quick-service food and drink and may retire outside to consume their purchases.
SETBACKThe least horizontal distance from any existing or proposed building or structure to the nearest point in an indicated lot line or street line.
SITE PLANA map or plan showing the proposed development of an area. It shall be drawn to a scale of not less than one inch equals 50 feet and shall include the following:
A. Existing conditions.
(1) A boundary line survey of the property to be developed, bearing the seal of a licensed surveyor or engineer.
(2) Existing elevations of the property with a contour interval of not more than two feet, plus existing trees over six-inch caliper.
(3) The location of any buildings or structures to remain and/or to be removed.
(4) The location of all utilities, including sanitary and storm sewers, water, gas and electric, serving the site.
(5) Streets on or adjacent to the tract with names, pavement widths, rights-of-way and pertinent elevations of such items as street pavement center line, curbs, walks, culverts, etc.
B. Proposed improvements.
(1) The location of all proposed buildings and structures showing ground-floor elevations.
(2) The location of all proposed access drives, pedestrian walks and off-street parking and/or loading areas.
(3) Location and description of any fences or signs.
(5) Planting or landscape plan.
(6) Proposed sanitary sewage disposal plan approved by the appropriate Town and/or county agency.
(7) Plan for stormwater and surface drainage, including a revised grading plan to one-foot contour intervals.
(8) All accessory buildings and enclosures, including dumpsters.
SPONSORA community service which desires to contract with a provider of a public donation bin.
[Added 3-18-2013 by L.L. No. 2-2013]
STORYThe portion of a building between the surfaces of a floor and the next floor above or the ceilings next above under a roof.
STREETA public or private way which permits conducting of vehicular travel and/or affords a primary means of access by vehicles and pedestrians to abutting properties, including the entire area within the right-of-way. The term includes those ways as shown on plats filed in the office of the Erie County Clerk, whether improved or not.
STRUCTURAL ALTERATIONAny change in the supporting members of a building or other structure, such as bearing walls, columns, beams or girders.
STRUCTUREA building, gas or liquid storage tank, or anything other than a fence constructed or erected which requires permanent location in or on the ground or attachment to something having such location.
SUBDIVISION MAP, EXISTINGA subdivision map which was approved by the Town Board of the Town of Cheektowaga and filed in the Erie County Clerk's office 20 years or more prior to the date of the requested development.
TRAILERA vehicle used for living or sleeping purposes and standing on wheels or on rigid supports.
UNENCLOSED PORCHA deck with or without a roof or railing protection, and no enclosing elements such as insect screening or weather protection.
[Added 5-3-2004 by L.L. No. 3-2004]
USEThe specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained.
YARDAn open space on the same lot with the building unoccupied and unobstructed by any portion of the building from the ground upward, except as otherwise provided in this chapter.
YARD, FRONTAn open space extending the full width of the lot between the front lot line and the building setback line as established by this chapter.
YARD, REARThe yard extending from the rear wall of the building to the rear lot line across the full width of the lot.
YARD, REQUIREDThe minimum yard required between a lot line and building line or line of any parking, loading and stacking area or any other use requiring a yard in order to comply with the zoning regulations of the district in which the zoning lot is located. A yard shall be open and unobstructed from the ground upward, except for projections on buildings as permitted in this chapter and except for walks, landscaping and other yard features.
YARD, SIDEAn open space extending from the front yard to the rear yard and of a width established by this chapter; the width shall be measured at right angles to its side lot line.