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, such as by a roof, such "accessory structure" shall be considered part of the principal structure.

All activities conducted by a farmer on a farm to produce agricultural products and which are inherent and necessary to the operation of a farm and on-farm production, processing, and marketing of agricultural products, including but not limited to the collection, transportation, distribution, storage, and land application of animal wastes; storage, transportation, and use of equipment for tillage, planting, harvesting, irrigation, fertilization, and government-certified pesticide application; storage and use of legally permitted fertilizers, limes and pesticides, all in accordance with local, state and federal law and regulations and in accordance with manufacturers' instructions and warnings; storage, use and application of animal feed and foodstuffs; construction and use of farm structures and facilities for the storage of animal wastes, farm equipment, pesticides, fertilizers, agricultural products and livestock, for the sale of agricultural products, and for the use of farm labor, as permitted by local and state building codes and regulations, including the construction and maintenance of fences.

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

As set forth in Article IIIA, § 200-8.4 of this chapter.

A facility for the landing, storage and service of two or more aircraft.

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

An animal grooming facility, animal hospital or veterinarian is permitted in accordance with the GB District, provided that all activity associated with the operation shall take place within a completely enclosed building.

A property owner or agent of a property owner who has filed an application for a land development activity.

A story partly below the grade level but having at least 1/2 of its height above the average grade of the surrounding land.

See "tourist home."

The Zoning Board of Appeals of the Town of Evans, New York.

A strip of land required to separate different land uses from each other in order to eliminate or minimize potential nuisances such as dirt, litter, noise, glare of lights, signs and unsightly buildings or parking areas or to provide spacing to reduce adverse impacts of noise, odor or danger from fires or explosions.

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, animals or chattels; a mobile home.

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

The vertical distance from the finished grade line at the foundation to the midpoint of the roof gable or midline.

A line parallel to the right-of-way street line, between which line and the street right-of-way no building may be built.

A space with less than 1/2 of its height above the average grade of the surrounding land.

A natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.

Any activity that removes the vegetative surface cover.

The Town Clerk of Evans, New York.

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

A subdivision in which minimum lot areas and minimum lot dimensions may be reduced by a specific amount, provided that there is no increase in overall density.

The Code Enforcement Officer of the Town of Evans and his designated deputies or assistants; also referred to as the “Building Inspector.”

A retail establishment of up to 5,000 square feet selling primarily food products, household items, newspapers and magazines, candy, beverages and a limited amount of freshly prepared foods such as sandwiches and salads for off-premises consumption.

A parcel of land having lot lines at the junction of two or more streets or having lot lines on the same street forming an interior angle of intersection of not more than 135°.

Erie County, New York.

An unroofed, open space enclosed by four walls.

Same as "inner court" but with one side open to a yard.

Shall include but not be limited to:

The deliberate appropriation of property by its owner for general public use.

The New York State Department of Environmental Conservation.

The New York State Stormwater Management Design Manual (New York State Department of Environmental Conservation), most recent version or its successor, including applicable updates, which serves as the official guide for stormwater management principles, methods and practices.

A person who undertakes land development activities.

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.

A commercial facility for the supervised care and socialization of dogs, not to include facilities that provide overnight boarding, breeding or selling of dogs, or facilities whose primary source of revenue is licensed veterinarian services.

A building or portion thereof designed or occupied exclusively for residential and permitted accessory uses.

A one-family dwelling attached to two or more one-family dwellings by common vertical walls.

A dwelling which is not attached to any other dwelling by any means.

A 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.

A building consisting of one dwelling unit.

A building consisting of two dwelling units.

A room or group of rooms within a building forming a single inhabited 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 vested or acquired right to use land for a specific purpose, such right held by someone other than the property owner.

The Town Engineer of Evans, New York.

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 use.

The New York Standards and Specifications for Erosion and Sediment Control (Empire State Chapter of the Soil and Water Conservation Society, 2004), most current version or its successor, commonly known as the "Blue Book."

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

Any number of individuals related by blood, marriage or adoption, or not more than three individuals who are not so related, living together as a single housekeeping unit.

The land, buildings, farm residential buildings, and machinery used in the production of agricultural products, whether for profit or otherwise.[2]

An artificially constructed barrier of any material or combination of materials erected to enclose, screen, or separate areas.

The total horizontal area of a building as outlined by its exterior walls. "Floor area" shall not include any space the habitation of which is prohibited by any law, built-in or attached garages, porches or terraces.

A person holding a current franchise for the sale and servicing of new products, to include cars, trailers, boats and similar items.

A building or place containing four or more amusement games.

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

A main or accessory building used or designed for motor vehicle repair purposes; a service garage if accessory to an automobile salesroom.

A main or accessory enclosed building with doors, other than a private garage, used for parking or temporary storage.

Excavation or fill of material, including the resulting conditions thereof.

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

Two or more structures containing attached dwelling units. Structures need not be on individual lots.[3][4]

A building containing rooms intended or designed to be used or which are used, rented or hired out to be occupied or which are occupied for sleeping purposes by guests and where only a general kitchen and dining room are provided within the building or in an accessory building.

Those surfaces, improvements and structures that cannot effectively infiltrate rainfall, snowmelt and water (e.g., building rooftops, pavement, sidewalks, driveways, etc.).

A State Pollutant Discharge Elimination System (SPDES) permit issued to a commercial industry or group of industries which regulates the pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies.

The process of percolating stormwater into the subsoil.

A lot other than a corner lot.

A place where junk, waste, discarded or salvaged materials are bought, sold, exchanged, sorted, stored, 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 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.

An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as "hydrophytic vegetation."

Construction activity including clearing, grading, excavating, soil disturbance or placement of fill that results in land disturbance of equal to or greater than one acre, or activities disturbing less than one acre of total land area that is part of a larger common plan of development or sale disturbing one acre or more in the aggregate, even though multiple separate and distinct land development activities may take place at different times on different schedules.

The legal or beneficial owner of land, including those holding the right to purchase or lease the land, or any other person holding proprietary rights in the land.

The area required or permitted under this chapter to be devoted to landscaping and environmental improvement, which may include existing and new vegetation, berms, lighting, street furnishings and ornamental features which are integrated with the vegetation.

Law, ordinance, rule or regulation of the federal, state, county and Town governments, as appropriate.

A landscape architect or professional engineer licensed to practice his or her profession in New York State.

A parcel of land for a structure and/or use and the permitted accessory structures or uses, 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 and uses.

The total area within the lot lines of a lot, excluding any public rights-of-way.

The percentage of the lot covered by the main and accessory structures.

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

Any boundary line of a lot.

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.

The horizontal distance of a lot measured along the street line of a dedicated street and at the building line.

Local waterfront as defined in the LWRP.

Local Waterfront Revitalization Program.

A legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices.

A factory-built, single-family structure that meets the Federal Manufactured Home Construction and Safety Standards Act (42 U.S.C. § 5401), commonly known as the HUD (U.S. Department of Housing and Urban Development) Code.

A facility for storing, servicing, fueling, berthing and securing of pleasure boats and which may include eating, sleeping and retail facilities for owners, crews and guests.[5]

A building or group of buildings, whether detached or in connected units, designed primarily for travelers and providing accessory off-street parking facilities. The term "motel" includes buildings designated as motor lodges, auto courts and similar appellations.

Any prior 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.

Pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources.

The land and building used for the raising and sale of plants, trees and shrubs.

An area undisturbed by buildings from the ground upward, except for walks, paths, landscaping or other site features in public, common or private ownership. Yards of individual lots occupied by dwellings shall not constitute "open space."

Land within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development and may include such complementary structures and improvements as are necessary.

Includes, in addition to its usual meaning, a tenant, lessee, occupant or other user or a person having any possessory interest, present or future, or having the power to exercise dominion or control.

The off-street parking area and loading and unloading area required by this chapter.

Includes a firm, association, organization, partnership, company, joint venture or corporation as well as an individual.

Clearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the clearing of the next.

The Planning Board of Evans, New York.

Sediment or a water quality measurement that addresses sediment (such as total suspended solids, turbidity or siltation) and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the land development activity.

Any man-made body of water (other than a store-bought, prefabricated type and decorative reservoir or basin) with a surface area greater than 100 square feet and/or a depth greater than 18 inches.

A development activity.

Street line, front property line, lot line or right-of-way.

A lot or land or part thereof used for the purpose of extracting any natural solid products as an industrial operation and exclusive of the process of grading a lot preparatory to the construction of a building for which application for a building permit has been made.

The replenishment of underground water reserves.

A health care professional, attorney, engineer, architect, community planner, landscape architect, land surveyor, accountant, insurance agent or broker, realtor, teacher and photographer only.

Any 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.

As set forth in Article IIIA, § 200-8.3 of this chapter.

Any liquid or solid suspended in liquid that flows over the surface of the ground.

A method of visually shielding or buffering one abutting or nearby structure or use from another by fencing, walls, berms, vegetation, or other natural or man-made materials.

Measures that prevent eroded sediment from leaving the site.

Coldwater fisheries, shellfish beds, swimming beaches, groundwater recharge areas, water supply reservoirs, or habitats for threatened, endangered or special concern species.

Indicates that which is required.

Indicates that which is recommended but not required.

Any letter or group of letters, figures, designs, symbols, pictures, trademarks, or other graphics, and including all support structures, mountable backdrops, architectural features, which is displayed out of doors or can be viewed from the street, sidewalk, or other public right-of-way and that directs attention to a place, commodity, service, activity, event, person, institution, organization, or business.

A sign that advertises a place, commodity, service, activity, event, person, institution, organization or business that has not been conducted or available on the premises on which the sign is located for a period of six consecutive months.

A portable temporary sign of durable construction either suspended from a wire frame or connected at the top and generally angled down on either side in the shape of an A; also called a "sandwich board sign."

A sign that is part of, or attached to, an awning, canopy, or other type of structured protective cover over a door, entrance, window, or outdoor service area.

A sign of cloth or similar material that celebrates an event, season, community, neighborhood, or district and is sponsored by a recognized community agency or organization.

Any letter or group of letters, figures, designs, symbols, pictures, trademarks, or other graphics that directs attention to a place, commodity, service, activity, event, person, institution, organization, or business not available or located on the lot where the sign is located.

A sign affixed to the wall of a building or structure in such a manner that the wall becomes the supporting structure for or forms the background surface of the sign.

A sign where the supporting frame and/or structure is permanent and only letters, figures, designs, symbols, pictures, trademarks, or other graphics thereon are changeable and/or temporary.

A programmable sign capable of displaying letters, figures, designs, symbols, pictures, trademarks, or other graphics in a digital format that can be altered, changed, or rearranged by remote or automatic means without altering the face or surface of the sign.

The entire area within a single, continuous perimeter enclosing all elements that form an integral part of a sign, including any framing, backdrops. The supports, uprights, or structures on which any sign is supported, or other architectural features, shall not be included in determining the sign face area unless such supports, uprights, structures, or architectural features are designed in such a manner as to form an integral part of the sign display. Where a sign has only two faces that cannot be viewed concurrently, the area of one side shall be the face area of the sign. Where a sign has more than two sides, the area of all the sides shall make up the total face area of the sign.

A sign attached flat against the fascia.

A self-supporting sign permanently affixed to the ground by means of an integral base or one or more poles or support structures. Freestanding signs include pole signs, monument signs, and ground signs.

A monument sign consisting of an enclosed base. See also "sign, monument."

A changeable copy sign capable of displaying letters, figures, designs, symbols, pictures, trademarks, or other graphics that can be altered, changed, or rearranged manually without altering the face or surface of the sign.

The part of the sign upon, against, or through which the message of the sign is displayed, including molding, trim, or other architectural features, excluding the support structure.

A freestanding sign consisting of dual support structures that extend along the entire vertical height of the sign face area, a single support structure consisting of a width that is at least 50% of the width of the sign in which it supports, or a sign consisting of an enclosed base supporting a sign. For the purposes of this chapter, ground signs shall be constituted as monument signs with an enclosed base.

Any sign affixed to a pole(s) or other single support structure that consists of a width or diameter that is less than that of the sign face area.

A sign affixed on or over the roof of a building.

The uprights, bracing, framing, mounting, or other framework that supports a sign.

Any sign intended for a limited period of display, to promote a place, commodity, service, activity, event, person, institution, organization, or business of limited duration.

A sign attached to the underside of a building fascia of a structure, canopy, covered entrance or walkway, awning or marquee.[8]

Any plot or parcel of land or combination of contiguous lots or parcels of land.

The development plan for one or more sites on which is shown the existing and proposed conditions of the site that may be reasonably required in order for the approving body to make informed decisions.

An arrangement or combination of components and structures designed to provide heating, cooling, hot water or electricity through the process of collecting, converting, storing, protecting against unnecessary dissipation and distributing solar energy.

The space between a solar collector and the sun which must be free of obstructions for a solar energy system's effective operation.

A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to developers of construction activities to regulate disturbance of one or more acres of land.

A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to municipalities to regulate discharges from municipal separate storm sewers for compliance with EPA established water quality standards and/or to specify stormwater control standards.

The use of practices that prevent exposed soil from eroding.

A building, or portion thereof, used for the feeding and housing of one or more horses.

An order issued which requires that all construction activity on a site be stopped.

Rainwater, surface runoff, snowmelt and drainage.

The use of structural or nonstructural practices that are designed to reduce stormwater runoff and mitigate its adverse impacts on property, natural resources and the environment.

One or a series of stormwater management practices installed, stabilized and operating for the purpose of controlling stormwater runoff.

An employee or officer of the Town of Evans designated by the Town Board to accept and review stormwater pollution prevention plans (SWPPPs), forward the plans to such employee, agency or board of the Town of Evans which may be reviewing any application for a construction activity requiring submission of a SWPPP, and inspect stormwater management practices.

Measures, either structural or nonstructural, that are determined to be the most effective, practical means of preventing flood damage and preventing or reducing point source or nonpoint source pollution inputs to stormwater runoff and water bodies.

A plan for controlling stormwater runoff and pollutants from a site during and after construction activities.

Flow on the surface of the ground resulting from precipitation.

The portion of a building between the surface of a floor and the next floor above or the ceiling 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 elevation of the street measured at its crown.

The right-of-way line.

A building or anything other than a fence which requires permanent location in or on the ground or attachment to something having such location.

Any building owned or rented and used for seasonal occupancy and located in an area with nearby recreational facilities.

Lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial seas of the State of New York and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters that do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering the state or within its jurisdiction. Storm sewers and waste treatment systems, including treatment ponds or lagoons which also meet the criteria of this definition, are not waters of the state. This exclusion applies only to man-made bodies of water which neither were originally created in waters of the state (such as a disposal area in wetlands) nor resulted from impoundment of waters of the state.

A water-filled enclosure, permanently installed or portable, more than 24 inches deep, either above or below ground level, designed, used and maintained for swimming.

An interior lot which has frontage on more than one street.

A private, owner-occupied, residential dwelling in which overnight accommodations are provided or offered for not more than 10 tourist and transient guests for compensation, with the inclusion of a morning meal. This use is subordinate and incidental to the main residential use of the dwelling.

The Town of Evans, Erie County, New York, outside the Village of Angola, New York.

The Town Board of the Town of Evans, Erie County, New York.

The Code of the Town of Evans, Erie County, New York.

A dwelling unit attached to other similar dwelling units by not more than two party walls extending from the foundation to the roof and providing direct means of access from the outside. Furthermore, each such dwelling unit shall be provided with cooking, sleeping and sanitary facilities. For the purpose of this chapter, a "townhouse" may include a building or structure in fee simple, condominium, cooperative or leasehold ownership or in any combination thereof.

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.

Includes the words "intended, designed or arranged to be used or occupied."

A permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water.

A channel that directs surface runoff to a watercourse or to the public storm drain.

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

An open space extending the full width of the lot between the front line and the building setback line as established by this chapter.

The yard extending from the rearmost point of the building to the rear lot line across the full width of the lot.

The 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 "required yard" shall be open and unobstructed from the ground upward except for projections on buildings as permitted in this chapter and 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 of which shall be measured at right angles to the side lot line.

The Building Inspector or Code Enforcement Officer of the Town of Evans and his designated deputies or assistants.