A subordinate structure located on the same lot with the principal structure, occupied 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.

A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building, except as otherwise provided for off-street parking.

Any change, rearrangement or addition to or any relocation of a building or structure; any modification in construction or equipment.

The premises or buildings used for the diagnosis, treatment or other care of the ailments of domesticated, household animals, which may include related facilities, such as laboratories, offices and temporary quarters for such animals.

A system of electrical conductors that transmit or receive frequency signals. Such signals shall include but not be limited to radio, television, cellular, paging, digital and/or data communications, personal wireless communications services (PWS) and microwave communications.

An arrangement on a lot designed primarily for single-family residential usage in which rooms located above ground are designated by the owner/occupant for rental sleeping purposes to guests as primarily overnight accommodations, including or with the option to include breakfast within the residence the next morning. Said rented sleeping accommodations, which may include private bathroom or shared bathroom facilities, shall not include any separate cooking facilities; and all cooking shall be done in the main kitchen of said residence.

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.

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 roofs; and to the mean height between eaves and ridge for gable, hip and gambrel roofs.

A residential subdivision, designed for single-family dwelling purposes, comprising 10 or more acres in which minimum lot areas and minimum lot dimensions may be reduced, by a specific amount, provided that land not used for residential lots, except streets, in the subdivision be used for recreational or open space purposes. The phrase "clustering" shall refer to cluster housing.

Dwelling units, in multi-unit buildings, which are individually owned, each owner receiving a deed enabling said owner to sell, mortgage, rent or otherwise exchange his/her dwelling unit independently of the owners of the other dwelling units in the building or buildings.

The keeping of more than three dogs that are more than six months old.

A restaurant wherein all patrons thereof are not required to be seated to be served.

A building used as the living quarters for one or more families.

A group of two or more dwellings located on the same lot and having any yard or open space in common.

An increase in floor area of an existing building or an increase in size of an existing structure or an increase in the area of land used for an existing open space.

An increase in the amount of existing floor area used for an existing use in an existing building.

One or more persons occupying a single dwelling unit and using common cooking facilities, provided that, unless all members are related by blood, marriage or adoption, no such family shall contain over five members.

A building, accessory to dwellings, used exclusively for the parking or temporary storage of motor vehicles boats and trailers.

Any building available to the public, operated for gain, which is used for the storage, repair, painting, servicing or equipping of motor vehicles and the sale of parts and accessories.

An accessory use of a service character conducted within a dwelling by residents thereof, which is clearly secondary to the dwelling use for living purposes and does not change the character thereof or have any exterior evidence of such use, other than permitted sign, and which conforms to the following additional conditions:

A structure containing transient and/or permanent lodging facilities for the general public and which generally contains facilities incidental to such occupancy, such as restaurants, meeting rooms, accessory retail business activities and related incidental activities designed primarily to accommodate the occupants but open to the general public. This term shall also include motels, inns and similar commercially oriented transient lodging facilities but excludes rooming and boarding houses, tourist homes and bed-and-breakfast.

A place where junk, waste, discarded or salvaged materials are bought, sold, exchanged, sorted, stored, baled, packed, disassembled, handled or abandoned, but not including pawn shops; antique shops; or establishments for the sale, purchase or storage of used furniture, household equipment, clothing, used motor vehicles in a condition capable of being registered pursuant to the Vehicle and Traffic Law of the State of New York or machinery to be reused for the purpose for which originally manufactured.

A parcel or plot of land occupied or capable of being occupied by a principal building or use or a group of principal buildings or uses that are united by a common interest or customary accessory buildings or uses, and including such open spaces to be used in connection with such buildings or uses.

A lot at the junction of and fronting on two or more intersecting streets or roads.

The mean horizontal distance between the front and rear lot lines.

A lot other than a corner lot.

The property lines bounding the lot. The front lot line shall be the right-of-way of the street or highway giving access to the lot. In the case of a corner lot, the owner may designate either street lot line as the front lot line. The rear lot line shall be the lot line most distant from 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.

Any lot line which is not a front lot line or a rear lot line.

A lot in which the front lot line and the rear lot line abut a street or road.

The least horizontal distance across the lot between side lot lines, measured at the front of a principal structure erected or to be erected on such a lot or at a distance from the front lot line equal to the required depth of the front yard.

A structure, transportable in one or more sections, which, in the traveling mode, is eight feet or more in width and 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation and includes the plumbing, heating, air-conditioning and electrical systems contained therein. It does not include recreational vehicles or travel trailers.

Any 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.

The unoccupied area open to the sky on the same lot with a principal building or structure and/or any accessory building exclusive of parking areas or driveways. "Open space" also refers to a parcel or parcels of land or an area of water or a combination of land and water within a site with any or all of such features as common outdoor recreation area, woodland area, parks, play fields, playgrounds, golf courses, tennis courts, skiing facilities, nature trails, formal gardens, lakes and swimming pools, camping facilities, unoccupied area in a natural state and similar open area exclusive of streets, roads and parking areas.

The above- and partially below-grade support for the base of a building or structure extending completely around the perimeter or base of said building or structure.

A single-family detached residence in which the residential occupant has a professional office, such as an architect, accountant, chiropractor, dentist, doctor of medicine, engineer, insurance agent, landscape architect, land surveyor, lawyer, osteopath, physiotherapist, planning consultant, podiatrist, psychologist, realtor or tax specialist, which is clearly secondary or accessory to the one-family dwelling use for living purposes and does not change the residential character thereof, and where not more than two persons outside the family is employed.

A system of water supply and distribution by Erie County Water Authority or its successors and a municipal sanitary sewage system complete with Health Department approved facilities for waste disposal.

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.

A temporary storage space for a vehicle waiting for service or admission.

An area or strip of land, either public or private, on which an irrevocable right-of-way passage has been recorded for the use of vehicles or pedestrians, or both.

The minimum horizontal distance from any existing or proposed building or structure to the nearest point in an indicated lot line or street/road line.

Any device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public and includes billboards.

A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the same lot on which the sign is located.

A flashing sign is any moving or animated sign or any illuminated sign on which the artificial or reflected light is not maintained stationary and constant in intensity and color at all times when in use. Any revolving illuminated sign shall be considered a flashing sign.

Any sign designed to give forth any artificial light or designed to reflect light from one or more fixed sources.

A plan, prepared to scale, showing accurately and with complete dimensioning, the boundaries of a site and the locations of all buildings, structures, uses and principal site development features proposed for a specific parcel of land.

That portion of a building between the surface of any floor and the surface of the floor next above it or, if there shall be no floor above it, then the space between any floor and the ceiling next above it. A basement shall be counted as a story, for purposes of height measurement, if the basement ceiling is more than five feet above the average adjoining ground level or if 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 an area not exceeding 1/2 the floor area of the next lower full story in the building.

Any road, avenue, lane, alley or other way which is an existing public way or which is shown on an approved plat or any private right-of-way or easement approved by the Town Board.

A line separating a lot from a street or road. In any case where a future street/road line has been established or approved by the Town Board, such future street or road line shall be considered as a street/road line for the purposes of determining lot area and setback requirements.

Any change in the supporting members of a building or other structure, such as bearing walls, columns, beams or girders.

Anything constructed or erected, which requires permanent location in or on the ground or attachment to something having such location, but not including a trailer or mobile home.

See definition in Chapter 92, Subdivision of Land.

Towers and/or antennas and their accessory structures together used in connection with the provision of cellular telephone service, personal communications services, digital and/or data communications services, paging services radio and television broadcast services and similar broadcast services. (Also referred to as "facilities" or "equipment.") The aforementioned accessory structures are nonhabitable buildings or structures being used in conjunction with a tower or other telecommunications facility and which are usually located on the same lot as those facilities. Examples of such structures include utility or transmission storage sheds or cabinets.

A dwelling in which overnight accommodations are provided or offered for transient guests for compensation.

A structure designed to support antennas. It includes, without limit, freestanding towers, guyed wires, monopoles and similar structures which do or which do not employ camouflage technology.

A building or dwelling designed for or occupied by no more than one family and attached to other similar buildings or dwellings by not more than two common walls, extending from the foundation to the roof, and providing two direct means of access from the outside. A townhouse is individually owned, an owner receiving a deed enabling the owner to sell, mortgage or exchange this dwelling unit independently of the owners of any other dwelling unit attached thereto by a common wall.

A vehicle, other than a mobile home, used as sleeping or living quarters, whether self-propelled or towed, or a camper body mounted on a motor vehicle. A trailer shall also include any vehicle towed or used for carrying goods, equipment, machinery or recreational vehicles or as a site office.

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.

Any species of animal whose natural or usual habitat within the State of New York is in the wild or in a zoo, as opposed to a domesticated environment animal. For purposes of this article, such animals shall include but not be limited to deer.

That portion of a lot extending open and unobstructed from the ground upward along a lot line.

A buffer area extending forward from the front setback line to the front right-of-way. In the case of flag and unusually shaped lots, the front yard buffer area shall be that area 50 feet rearward from the first parallel line to the right-of-way having a width as set forth in the applicable district regulations.

That portion of a rear yard of a through lot extending along a street/road line and from the street/road line for a depth equal to a required front yard. Any front yard equivalent shall be subject to the regulations of this chapter which apply to front yards.

A yard extending across the full width of the lot and abutting the rear lot line, the required depth of which yard is a prescribed minimum distance between the rear lot line and a line parallel thereto on the lot.

A buffer area having a depth or width set forth in the applicable district regulations. Such width or depth shall be measured perpendicular to lot lines.

A yard extending from the front yard to the rear yard and abutting the side lot line; the required width of which yard is a prescribed minimum distance between the side lot line and a line parallel thereto on the lot.

A composite of sectional maps, including all areas of the Town of Colden, New York plus an Index Location Sheet and a Legend of Zoning Map Districts with descriptions and symbols used on said sectional maps. Scales used on the sectional maps vary. Affixed to each sectional map is a stamp which identifies said map as a section of the Zoning Map of the Town of Colden and indicates the number of said map to correspond with its number and location as shown on the Index Location Sheet. Each of said sectional maps includes, in whole or in part, an area in the Town of Colden. Any zoning district described on said sectional maps is described by district boundary and by appropriate district symbols as indicated in the aforesaid Legend of Zoning Map Districts.[1]