A 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.

A use which is incidental and subordinate to the principal use of the property, located on the same lot therewith.

A facility which provides temporary or long-term residential care and services to adults who, though not requiring continual medical or nursing care, are by reason of physical or other limitations associated with age, physical or mental disabilities or other factors, unable to or substantially unable to live independently. An adult care facility may provide services to nonresidents in accordance with the provisions of New York Social Services Law, Chapter 55.

A facility which provides recreational and amusement opportunities, including but not limited to minigolf, golf driving ranges, baseball batting cages, volleyball courts, athletic fields, gymnastics, go-carts/motorized sports, games of chance and live entertainment within an enclosed building or outside of a building.

Animals that are normally considered household pets, including, but not limited to, dogs, cats, birds or fish. "Livestock," as defined by this chapter, shall not be considered domestic animals.

A 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.

A roof-like cover with a rigid frame that cannot be retracted, folded or collapsed, that is designed for protection from weather or as decorative embellishment, and which projects from a wall over a window, walkway or door.

That portion of a building that is partly or completely below grade.

Planted depressions designed to divert surface water runoff from impervious surfaces through vegetation, soil and riprap/stone to remove silt and pollutants before runoff is discharged into local storm drains or surface waterways/water bodies.

That portion of the lot remaining after required yards have been provided.

Any improvement having a roof supported by columns or walls for the housing or enclosure of persons, a business, animals or chattels; mobile home.

The maximum horizontal projected area measured from the exterior of the walls of the building.

The percentage of the lot covered by both the main (principal) and accessory structures and impervious surfaces such as parking areas. For one- and two-family residential uses, this term does not include impervious surfaces such as driveways.

See § 260-16.

The horizontal length of the wall of a building.

The narrowest allowable distance between two buildings.

A line equidistant from the street right-of-way line, or edge of pavement for a private road, between which line and the street right-of-way no building may be built.

An establishment providing custodial and maintenance services to other businesses. Typical uses include sign companies, window cleaning services, janitorial services and other dwelling and building services.

The storage of chemicals, petroleum products or hazardous materials in aboveground or below-ground storage containers designed for distribution or mass consumption.

A building or portion of a building which provides or allows the provision of sexually oriented entertainment to its customers or which holds itself out to the public as an establishment where sexually oriented entertainment is available. Signs, advertisements or an establishment name including verbal or pictorial allusions to sexual stimulation or gratification or by references to "adult entertainment," "strippers," "showgirls," "exotic dancers," "gentleman's club," "XXX" or similar terms shall be considered evidence that an establishment holds itself out to the public as an establishment where sexually oriented entertainment is available.

A facility for the handling of customer service, technical service or telemarketing activities through electronic communications that allows less than 100 square feet per employee.

The triangle formed on corner lots between points along the edge of the street a distance from the intersection within which no visual obstruction may be constructed. (See § 260-15.)

A non-for-profit organization, not including a fraternity or sorority house, whose premises are restricted to its members and their guests.

The Village of Depew Code Enforcement Officer as established by Chapter 14 of the Code of the Village of Depew.

A repair garage in which the body and/or frame of motor vehicles, trucks and other vehicles are repaired and/or restored. Such repair work includes body and frame repair and painting.

Commercial uses, varying in size, providing daily or regularly scheduled recreation-oriented activities. Such activities may take place wholly outdoors or within a number of outdoor structures. Typical uses include facilities for tennis, racquetball, handball, basketball, baseball, football, swimming, ice skating, golf and soccer.

An application that contains all information and/or data necessary to enable an informed decision to be made with respect to an application.

Materials, written and graphic, including maps, charts, studies, resolutions, reports and other descriptive material that identify the goals, objectives, principles, guidelines, policies, standards, devices and instruments for the immediate and long-range protection, enhancement, growth and development which have been adopted and may be amended by the Village of Depew Board of Trustees.

A facility used for service organizations, business and professional conferences and seminars limited to accommodations for conference attendees. The accommodations can include sleeping, eating and recreation. A conference center is not designed to be only utilized by the general public for overnight purposes.

An establishment or business providing services, including, but not limited to, carpentry, electrical, masonry, plumbing, heating, ventilation, air conditioning, painting, ornamental iron work, roofing and sheet metal; packing and crafting and monumental works.

An unroofed, open space enclosed by four walls.

An unroofed, open space enclosed by three walls and with one side open to a yard.

A place for the care of three or more persons for less than 24 hours a day, away from their homes.

The outside bark diameter at breast height. Breast height is defined as 4.5 feet (1.37 meters) above the ground on the uphill side of the tree.

An 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.

The act of exposing, placing, posting, exhibiting, or in any fashion displaying in any location, whether public or private, an item in such a manner that it may be readily seen and its content or character distinguished by a person who is between five feet and six feet in height, with eyesight adequate to obtain a New York vehicle operator's license of any type, standing on a street, highway, or public sidewalk, or on the property of others, or from the parking lot or any other portion of the premises that is open to members of the public other than adults who have been admitted to the business in accordance with management policies.

A structure specially designed for a long-term stay by students of a college, university, or nonprofit organization for the purpose of dividing rooms for sleeping purposes. Common kitchens and some common gathering rooms for special purposes may also be provided.

A building or portion of a building designed or occupied exclusively for residential and permitted accessory uses, not including a mobile home or trailer.

A building or portion of a building containing three or more dwelling units and designed or used for occupancy by three or more families living independently of each other.

A 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.

A business or enterprise that, as one of its principal purposes, offers physical contact between two or more persons when one or more of the persons is in a state of nudity or seminudity.

Any person paid as an employee, contractor, subcontractor, or agent of the operator of a cabaret who frequently appears in a state of seminudity at any establishment regulated by this chapter.

Any of the following activities, when performed by a sexually oriented entertainer at a sexually oriented business: dancing, singing, talking, modeling (including lingerie or photographic), gymnastics, acting, other forms of performing, or individual conversations with customers for which some type of remuneration is received.

Any number of individuals living together as a single housekeeping unit who are related by blood, marriage or adoption, or although not related by blood, marriage or adoption, whose living arrangements are the functional equivalent of a traditional family.

Any structure constructed of wood, masonry, stone, wire, metal or any combination of these or similar materials for the purpose of serving as an enclosure, barrier or divider to protect or decorate real property.

The 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.

The total area of the building accessible or visible to the public, including showrooms, motion-picture theaters, motion-picture arcades, service areas, behind-counter areas, storage areas visible from such other areas, rest rooms (whether or not labeled "public"), areas used for cabaret or similar shows (including stage areas), plus aisles, hallways, and entryways serving such areas.

The amount of light that is produced by a candle at the distance of one foot. A footcandle is also the equivalent of one lumen per square foot.

A building, accessory to dwellings, used exclusively for the parking or temporary storage of motor vehicles, boats, trailers and other customary personal belongings of the residents of such dwellings.

A main or accessory enclosed building, other than a private garage, having four walls and necessary doors, used for the storage of equipment, materials, and or product. Such storage garages are not for residential use.

A main or accessory building used for purposes of repairing motor vehicles, boats and trailers; a service garage, if accessory to an automobile salesroom, is also a "repair garage."

Two or more structures containing attached residential units or nonresidential structures, or a combination thereof. Structures need not be on individual lots.

The maximum horizontal area of a building at the ground level, excluding open porches, terraces and steps and attached or built-in garage areas.

See "building height."

The use of a dwelling by the resident occupant for business activities that are clerical in nature, including phone orders, billing and word processing. The term "home office" is limited to the resident occupant and his/her resident occupants. The home office is limited in extent and incidental and secondary to the use of the dwelling unit for residential purposes and does not change the character thereof and does not include the visitation of clients and/or employees to the dwelling.

A structure other than a hospital or nursing home in which a minimum of two terminally ill persons are regularly lodged and furnished with meals and nursing care and which has been granted a certificate of approval to operate as a hospice pursuant to the Public Health Law or any successor regulating state law.

Landscaped area located entirely within the parking area of a site, including landscaped islands, divider medians and yard area at least five feet wide in excess of the minimum required yard for parking areas 7,500 square feet or less (approximately 15 spaces).

A facility approved by the New York State Department of Health to provide health-related care and services to persons who because of their physical or mental condition require institutional care, in addition to board and lodging, but who do not have such an illness, disease, injury, or other condition as to require the institutional care and services provided only by a hospital or nursing home, providing such facility meets standards of safety and sanitation in accordance with state and federal requirements in addition to those applicable to nursing homes under state law.

An area of land, with or without buildings, used for the storage of discarded materials, including but not limited to waste paper, rags, metal, building materials, house furnishings, machinery, vehicles or parts thereof, including junk; with or without dismantling, processing, salvage, sale or other use or disposition of the same. The deposit or storage of two or more wrecked or broken motor vehicles for a period of two months or longer, or the parts of two or more such vehicles, shall be deemed to make the lot a junkyard.

Any premises on which three or more dogs more than four months old are kept.

See "tree, large deciduous."

A planned residential development on land 10 contiguous acres or more which includes single-family dwellings, two-family dwellings, multifamily dwellings, patio homes or zero lot line homes and excluding manufactured homes.

An establishment or business which provides the services of live models modeling lingerie, bathing suits, or similar wear to individuals, couples or small groups in one or more rooms, where the room(s) used for modeling is an area smaller than 1,000 square feet each.

Any animals raised for food or product. In addition, they include the following, regardless of purpose:

A parcel of land for a structure, use and the accessory structures or uses customarily incident to it, including such open spaces as are required by this chapter and such open spaces as are arranged and designed to be used in connection with such structure.

The horizontal land area within lot lines.

Any boundary line of a lot.

See Article III of this chapter.

Land 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. See also "nonconforming use, structure or lot of record."

The horizontal distance of a lot measured along the building line at right angles to the mean lot depth line.

A structure transportable in one or more sections that, in the traveling mode, is a minimum of eight feet in width or a minimum of 40 feet in length or, when erected on site, is a minimum of 320 square feet in floor area. A manufactured home was built on or after June 15, 1976, on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities. Plumbing, heating, air-conditioning and electrical systems are contained in the home. 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 (HUD) and complies with the standards established under the National Manufactured Housing and Safety Act of 1974,[1] as amended. The term "manufactured home" shall not include any self-propelled recreational vehicle. A manufactured home shall bear a seal signifying conformance to the design and construction requirements of HUD, Manufactured Home Construction and Safety Standards, 24 CFR Part 3280.

A parcel or contiguous parcels of land divided into two or more manufactured home lots for rent or sale.

Touching, stroking, kneading, stretching, friction, percussion, and vibration and includes holding, positioning, causing movement of the soft tissues and applying manual touch and pressure to the body (excluding an osseous tissue manipulation or adjustment).

Any business offering massages that is operated by a person who is not a state-licensed massage therapist or that provides massages by persons who are not state-licensed massage therapists by the State Board of Massage Therapy, Office of the Professions, New York State Education Department, under Title VIII, Education Law, Article 155, Massage Therapy.

Anything printed or written, or any picture, drawing, photograph, motion picture, film, videotape or videotape production, or pictorial representation, or any electrical or electronic reproduction of anything which is or may be used as a means of communication. Media includes but shall not necessarily be limited to books, newspapers, magazines, movies, videos, sound recordings, CD-ROMs, other magnetic media, and undeveloped pictures.

Magazines, books, videotapes, movies, slides, CD-ROMs or other devices used to record computer images, or other media which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "sexual conduct" or "specified anatomical areas" (separately defined).

A retail sales and services establishment that rents and/or sells media, and that meets any of the following three tests:

A retail sales and services establishment that rents and/or sells media, and that meets either of the following two tests:

See "utilities, minor."

A building or group of buildings designed to accommodate a combination of interrelated land uses, which includes a mix of two or more of the following uses: retail, services, office, residential or civic/public uses.

A movable or portable dwelling unit that was built prior to June 15, 1976 (with or without a label certifying compliance with NFPA, ANSI or a specific state standard), and designed and constructed to be towed on its own chassis, comprised of frame and wheels, connected to utilities, and designed and constructed without a permanent foundation for year-round living, excluding travel trailers.

An establishment or business that provides the services of live models modeling lingerie, bathing suits, or similar wear to individuals, couples, or small groups in a space smaller than 600 feet.

Any business that provides booths, cubicles, stalls or compartments, which is smaller than 150 square feet in floor area, which is designed, constructed or used to hold or seat customers, and which is used for presenting sexually oriented motion pictures or viewing publications by any photographic, electronic, magnetic, digital or other means or medium (including, but not limited to, film, video or magnetic tape, laser disc, CD-ROM, books, magazines or periodicals) for observation by customers therein.

A cinema or motion-picture theater which shows hard-core sexually oriented features on more than half the days that it is open, or which is marketed as or offers features described as "adult," "XXX," or "sexually."

Lots, structures, uses of land and characteristics of use that were lawful before this chapter or amendments thereto were passed, but that would be prohibited, regulated or restricted under terms of this chapter or future amendments. The definition of nonconforming expressly does not include any illegally established use or structure.

The showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the areola or nipple, or the showing of the covered male genitals in a discernibly turgid state. See also "seminude."

A building used for the accommodation and care of persons with, or recuperating from, illness or incapacity, where nursing services are provided.

An enclosed space within a building intended for human activities, including, but not limited to, living, working, eating or sleeping, which meet the required building codes for such spaces.

The use of a building or a portion of a building for the provision of executive, consulting, professional, management, or administrative services. Typical uses include, but are not limited to, administrative offices and services, including advertising, accounting, architecture, archival services, design, engineering, financing, government, human health care, insurance, investment, law, medical laboratory testing service, personnel, property management, real estate, secretarial services, telephone answering, travel, and business offices of public utilities, organizations and associations, or other use classifications when the service rendered is that customarily associated with office services.

An 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.

A 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 of the site 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.

See "tree, ornamental."

Public uses, varying in size, providing daily or regularly scheduled recreation-oriented activities. Such activities may take place wholly outdoors or within a number of outdoor structures. Typical uses include facilities for tennis, racquetball, handball, basketball, baseball, football, swimming, ice skating, golf and soccer.

A parcel of land, generally located on the perimeter of a larger parcel of commercial land that is subordinate to the larger parcel for access, parking and drainage purposes.

As used in this chapter, shall include, in addition to its usual meaning, tenant, lessee, occupant or other user.

A 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.

An area used primarily for parking, circulation and storage of vehicles, including but not limited to parking lots and driveways.

A single-family detached dwelling unit placed on a small lot with a rear yard that may be enclosed by a wall.

An applicant.

Any space devoted to gathering together persons for amusement, athletic, civic, dining, educational, entertainment, patriotic, political, recreational, religious, social or similar purposes.

The Village of Depew Planning Board

An establishment for the growth, display or sale of trees, shrubs, flowering and nonflowering plants and materials used in indoor or outdoor planting, conducted within or without an enclosed building.

A covered area adjoining an entrance to a building and usually having a separate roof. An open porch may not have any other enclosing elements other than a roof, and necessary guards as required by the New York State Residential/Building Code.

A building or fenced-in area containing equipment used by a public utility to provide and distribute its services.

An area used on a temporary basis for the storage, assembly or processing of materials, equipment, and supplies used in the construction of a United States, New York State, Erie County or Village of Depew public works project. The public works construction yard may include offices associated with the public works project. Typical projects include but are not limited to construction, reconstruction, or repair of public infrastructure such as roadways, storm sewers, sanitary sewers, and waterlines.

A place of assembly used primarily as a church, synagogue, temple, mosque or other place of religious worship.

A business that engages in research or development of innovative ideas in technology-intensive fields. Typical uses include experimental, research and testing facilities, including, but not limited to, the construction or operation of small-scale experimental and pilot plant operations; laboratories; production operations if ancillary to, or resulting from, a permitted experimental, research or testing operation; communication, navigation control, guidance systems, transmission and reception equipment; data processing equipment and systems; audio components and radio and television equipment; scientific and medical instruments; assembly testing and calibration of components, devices, systems and equipment, such as, but not limited to, electronic, scientific, medical, optical, biochemical, chemical, metallurgical and pharmaceutical goods.

The use of a maximum of 15% of a dwelling by the resident occupant of a one- or two-family home for his/her licensed medical or dental practice, massage therapy practice, architectural or engineering practice, law practice or photography practice. Such definition excludes all other trades/practices not specifically listed and requires the issuance of a special use permit by the Zoning Board of Appeals.

A facility that provides long-term residential care and support services to mentally ill adults, provides case management and medication management services and assists residents in securing clinical, vocational and social services necessary to enable the resident to continue to live in the community.

Flagellation or torture by or upon a person, clothed or naked, or the condition of being fettered, bound, or otherwise physically restrained on the part of one so clothed or naked.

A method of reducing the visual impact of one abutting use or structure from another by landscaping, walls, berms, or other appropriate means.

The showing of the female breast below a horizontal line across the top of the areola at its highest point. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit, or other apparel, provided the areola is not exposed in whole or in part.

A building for senior citizens, primarily for persons 62 years old or more, who are in good physical condition and do not require physical assistance.

A retail sales and services establishment that meets any of the following tests:

Acts of human masturbation, sexual intercourse, sodomy or bestiality, or fondling or other erotic touching of human genitals, pubic region, buttock or female breast of another person.

An inclusive term used to describe, collectively, sexually oriented cabaret; sexually oriented motion-picture theater; motion-picture arcade; retail sales and services falling into the category of sex shop or sexually oriented media shop. This collective term does not describe a specific land use and shall not be considered a single use category for purposes of the Zoning Law or other applicable ordinances.

Instruments, devices, or paraphernalia, either designed as representations of human genital organs or female breasts or designed or marketed primarily for use to stimulate human genital organs.

A document required for shared parking activities that addresses, at a minimum, the size and type of the proposed development, the composition of tenants, the anticipated rate of parking turnover and the anticipated peak parking and traffic loads for all uses that will be sharing off-street parking spaces.

Four or more offices, commercial or personal service establishments, or combinations of such uses, which are located in a single building or in two or more buildings, developed as part of a single integrated development exceeding 30,000 square feet of gross floor area.

See "clear sight triangle."

A name, identification, description, display or illustration which is affixed to or painted or represented directly or indirectly upon a building, structure or piece of land which directs attention to an object, product, service, place, activity, person, institution, organization or business and the supporting members thereto. See § 260-37 for additional definitions of signs.

See "tree, small deciduous."

A permit for a use that is generally considered to be appropriate in a particular zoning district but because of its potential for incompatibility with adjacent uses requires individual review and may require the imposition of conditions in order to assure the appropriateness of the use in a particular zoning district.

Less than the completely and opaquely covered human genitals, pubic region or female breast below a point immediately above the top of the areola. Human male genitals in a discernibly turgid state even if completely and opaquely covered.

A law adopted by the New York State Legislature as Article 8 of the Environmental Conservation Law and regulations adopted pursuant thereto; and Chapter 98 of the Code of the Village of Depew, Local Environmental Quality Review Law. The purpose of SEQR is to incorporate the consideration of environmental factors into the planning, review and decisionmaking processes of state, regional and local government agencies. SEQR requires that all agencies determine whether the actions they directly undertake, fund or approve may have a significant impact on the environment, and, if it is determined that the action may have a significant adverse impact, prepare or request an environmental impact statement.

The portion of a building between the surface of a floor and the next floor above or the ceilings next above under a roof.

A 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.

The slope of the street as measured between two points.

The right-of-way line abutting a public street or edge of pavement abutting a private street.

A building, gas or liquid storage tank, or anything other than a fence, dumpster enclosure, parking area (unless enclosed) or driveway constructed or erected which requires permanent location in or on the ground or attachment to something having such location.

See § 260-38.

A road corridor, or portion of a road corridor, designated by the Village of Depew, which has elements that support traditional neighborhood design and/or is part of a neighborhood plan which promotes a traditional neighborhood design (TND) plan.

Any self-supporting woody plant of a species that normally grows to an overall mature height of at least 40 feet, usually with one main stem or trunk.

Any self-supporting woody plant of a species that normally grows to an overall mature height of at least 15 feet, usually with one main stem or trunk.

Any self-supporting woody plant of a species that features flowers, bracts and/or fruits that are conspicuous by virtue of their color or size.

A combination of uses permitted in a nonresidential district planned as an integrated entity with common access points, off-street parking, loading and stacking areas, fire lanes and other facilities and features.

A residential dwelling unit located above a nonresidential use.

Public or private infrastructure serving a limited area with no on-site personnel. Typical uses include stormwater retention and detention facilities, telephone exchanges and water and wastewater pump stations.

The sale or rental of automobiles, trucks, motorcycles, recreational vehicles, or boats. Typical uses include new and used car dealerships, motorcycle dealerships, and boat, trailer, or recreational vehicle dealerships.

An area used primarily for parking, circulation and storage of vehicles, including, but not limited to, parking lots, loading areas, stacking spaces and driveways.

The Village of Depew Board of Trustees.

An open space on the same lot with the building unoccupied and unobstructed by any portion of the structure from the ground upward, except as otherwise provided in this chapter.

A side yard located immediately adjacent to a public street right-of-way line or the edge of pavement of a private street.

An open space extending the full width of the lot between the front lot line abutting a public right-of-way or the edge of the pavement abutting a private street and the structure setback line as established by this chapter. In no case shall a structure encroach into an easement area established for a private street.

The yard extending from the rear wall of the structure to the rear lot line across the full width of the structure.

The minimum yard required between a lot line or edge of pavement on a private street 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 required yard shall be open and unobstructed from the ground upward, except for projections on structures as permitted in the Zoning Ordinance and except for walks, landscaping and other yard or site features.

An 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.

A single-family detached dwelling unit positioned on one side lot line without any setback with private yards on three sides of the building, including a wider side yard comprising the equivalent of two side yards for conventional detached housing.

The Zoning Board of Appeals of the Village of Depew.