A subordinate use, building or structure customarily incidental to and located on the same lot occupied by the main use, building or structure. The term "accessory structure" may include a private garage, garden shed, a private playhouse, and a private greenhouse.

As applied to a building or structure, a change or re-arrangement in the structural parts or in the exit facilities; or an enlargement, whether by extending on a side or by increasing in height; the term "alter," in its various modes and tenses and its principal form, refers to the making of an alteration.

A portion of an existing single-family dwelling, with or without separate entry, intended for occupancy of no more than two family members who are infirm, elderly or handicapped and which does not constitute a separate unit under the Building Code. Such apartment shall not exceed 500 square feet in living area and shall not alter the existing character of the building as a single-family dwelling.

A story partly underground but having less than 1/2 of its clear height below finished grade. A basement shall be counted in determining the permissible number of stories of a building.

A building for short-term accommodations of no more than 10 rooms and in which family-style meals are provided as part of the service; the operator shall reside on the premises.

A sign which directs attention to a business, commodity, service, entertainment or attraction sold, offered or existing elsewhere than upon the same lot where such sign is displayed, or only incidentally sold, offered or existing upon such lot.

A structure with a roof supported by columns of walls affording shelter for persons, animals or property.

The official Building Inspector of the municipality.

The main structure or building on the site or the structure or building housing the principal use on the site.

A recreation area containing five acres or more developed to accommodate paying guests for stays of a short duration in tents, recreation vehicles or travel trailers occupied by such guests, and the ancillary facilities necessary for sanitation and support of the guests.

A structure or building designed for the washing, waxing, simonizing, or similar treatment of automotive vehicles as its principal function. A filling station having portable washing equipment shall not be deemed to be car wash where such use is an accessory service to the principal service of the filling station.

A story partly underground and having 1/2 or more of its clear height below finished grade. A cellar shall not be counted in determining the permissible number of stories.

A club for golfing, tennis, hunting, fishing, horseback riding or similar sports.

The premises and buildings used by a local chapter holding a valid charter from an international, national or state organization or by a bona fide local civic association catering exclusively to members and their guests primarily for a patriotic, fraternal, benevolent, social, education, religious or political purpose. The club shall not be used in whole or in part for the conduct of any business or enterprise for profit, but this shall not be construed as preventing the utilization of a club for benefits or performances for a recognized charity; nor for the meeting of other orgnaizations, nor for educational and cultural purposes.

An intense retail facility for the sale of fresh and packaged foods, household items, gasoline and similar goods and having a floor area of no more than 5,000 square feet.

The alteration of an existing single-family residence to accommodate no more than one additional dwelling unit with no appreciable change in the appearance of the existing dwelling. The new dwelling so created shall contain at least 500 square feet of living space in each unit.

An open, unoccupied space, other than a yard, on the same lot with a building or of buildings and which is bounded on three or more sides by sides by such building or buildings.

The maximum horizontal dimension of a court at right angles to the width.

The greatest vertical distance measured from the lowest level of such court up to the roof of the building; 75% of said court shall be open to the sky in a vertical dimension.

Any court which is bounded completely by buildings and/or walls in which principal means of ingress or egress is through gates, archways, or passages less than 20 feet wide.

A court extending to a street line or other property line, or opening upon any front, side, or rear yard.

The horizontal dimension parallel to the principal open side in the case of an outer court; and the least horizontal dimension in the case of an inner court.

A business premises used for the making of clothing, millinery, shoes or other personal articles to individual order and measure, for sale at retail on the premises only, and not including the manufacture of "ready-to-wear" or standarized products.

Any place open to the public where dancing is permitted.

Any man-made change to improved or unimproved real estate, including but not limited to buildings, structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

A building arranged, intended or designed to be occupied by one or more families living independently of each other upon the premises.

A building or portion thereof containing two dwelling units, one arranged either adjacent to or above the other, and designed for occupancy by two families independently of each other.

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

One or more rooms with provisions for cooking, living, sanitary, and sleeping facilities arranged for the use of one family.

One or more persons occupying a dwelling unit as a single nonprofit housekeeping unit. More than five persons, exclusive of domestic servants, not related by blood, marriage or adoption, shall not be considered to constitute a family.

The use of all or a portion of a dwelling for the care of up to 10 individuals unrelated to each other and providing state-certified services to either children or adults, separately.

A structure designed either to limit access to a land area or to screen such area from view, or both.

A building or lot or part thereof supplying and selling gasoline or other equivalent fuel for motor vehicles at retail directly from pumps and storage tanks. A filling station may include accessory facilities for rendering service for motor vehicles, such as lubrication, washing, and minor repairs.

A relatively flat or lowland area adjoining a river, stream or watercourse which is subject to periodic and partial or complete inundation of water; the area may be subject to unusual and/or rapid accumulation or runoff of surface water from any source.

The portion of the floodplain which is necessary to carry and discharge floodwaters during a periodic or unusual storm event. The floodway shall be capable of accommodating a flood of 100-year magnitude without cumulatively increasing the floodway surface more than one foot in elevation. The floodway shall not be appreciably be reduced or restricted by development.

A building, not a private garage, used for the storage of automobiles, or trucks, and not used for making repairs thereto.

An enclosed space for the storage of one or more motor vehicles, provided that no business, occupation or service is conducted for profit therein.

A building, other than a private or a parking garage, used for adjustment, painting, replacement of parts or other repair of motor vehicles, or parts thereof, whether or not accessory or incidental to another use.

The vertical distance measured from the average elevation of the finished grade along the side of the structure fronting on the nearest street to the highest point of such structure.

Any gainful occupation customarily conducted within a dwelling by the residents thereof that is clearly secondary to the residential use, and that does not change the character of the structure as a residence. Said activity shall not occupy more than 1/2 of the ground floor area of the dwelling or its equivalent elsewhere in the dwelling if so used, and further provided that there shall be no external evidence other than an announcement sign, and that no mechanical or electrical equipment is used except customary household equipment. However, home occupations shall not be construed to include such uses as the following: clinic or hospital, barber shop or beauty parlor, restaurant, breeding kennel, antique dealer, or any other use involving the keeping of a stock in trade. All home occupations shall have adequate access to a major collector, minor arterial or major arterial as identified in the Town of Newfane Master Plan and any amendments thereto.

The office or studio of a resident physician, surgeon, dentist, or other person licensed by the State of New York to practice a healing art, lawyer, architect, artist, engineer, real estate broker or salesman, insurance broker or agent, or teacher as herein restricted; provided that not more than two persons are employed who are not members of the family, and that such office shall be in the main building and shall not occupy more than the equivalent of 1/2 of the area of one floor of said building. For the purposes of this definition, a "teacher" shall be restricted to a person giving individual instruction to a single pupil at a time. A home professional office shall not include the office of any person professionally engaged in the purchase or sale of economic goods. Tea rooms, tourist homes, beauty parlors, barber shops, hairdressing and manicuring establishments, and stores, trades, or businesses of any kind not herein excepted shall not be deemed to be home professional offices. The home professional office of a physician shall not include a biological or other medical testing laboratory.

A building or group of buildings and uses for the care of sick, aged or infirm, including the care of mental, drug addiction or alcoholic patients. The term shall include, but not be limited to, sanitariums, nursing homes, convalescent homes, clinics and related assisted-living facilities.

A building or part thereof which has a common entrance, common heating system, and general dining room, and which contains seven or more living and sleeping rooms designed to be occupied by individuals or groups of individuals for compensation. A hotel shall not provide dwelling units.

Any land or structure, or part thereof, exceeding 300 square feet in area, used for collecting, storage or sale of waste paper, rags, scrap metal or other scrap or discarded material; or for collecting, dismantling, storage or salvage of machinery or vehicles not in running condition, or for the sale of the parts thereof.

Any lot or premises on which more than five domestic animals, five months of age or older, are kept, boarded, housed, groomed, trained, bred or sold for compensation. Specifically excluded are farm animals or livestock which are integral to agriculture, as defined.

A parcel of land occupied or used by one main building or use with its accessory buildings and the required open spaces and having frontage on a public street or right-of-way authorized by the Planning Board.

The total horizontal area included within lot lines.

The percentage of the area of the lot covered by a building or buildings and any allowed accessory structures thereto.

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

Any boundary of a lot. Any lot line not a rear lot line nor a front lot line shall be roughly perpendicular to it and shall be deemed a side lot line.

The street right-of-way line at the front of a lot. On a corner lot, the owner may specify the front lot line on the plot plan.

The lot line opposite to the front line.

The dimension measured from side lot line to side lot line, along a line parallel to and following the street line at the required minimum front yard depth.

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

Any lot other than a corner lot.

A lot extending from one street to another.

Use, structures, buildings and their accessories that utilize or are dependent upon a location near the water or provide services to uses and activities that are water-related or water-dependent.

A movable single-family dwelling originally equipped with or having a vehicular chassis and provided with all of the following mechanical systems and equipment: plumbing, heating, electrical, cooking and refrigeration. See "house trailer."

A residential land use designed for the location of one or more mobile homes in designated mobile home spaces and including appurtenant facilities and accessory services for residents only.

A building, or group of buildings, whether detached or in connected units, used as individual sleeping or dwelling units with direct outside access and related office, and with or without restaurant facilities, designed primarily for transient automobile travelers, and provided with accessory off-street parking facilities. The term "motel" includes buildings designed as tourist courts, motor lodges, auto courts, and other similar appellations, but shall not be construed to include parking areas for house trailers or mobile homes.

Any industry which is not detrimental to the environment in which it is located by reason of the emission of smoke, noise, odor, dust, vibration or excessive light, beyond the limits of its lot, or by reason of generating excessive traffic with attendant hazards, and which does not include any outdoor processing of materials, or open accessory storage yard unless completely enclosed by a solid wall or closed fence not less than six feet in height.

An otherwise legally platted lot that does not conform to the minimum dimensional regulations of this chapter for the district in which it is located, either at the effective date of this chapter or as a result of subsequent amendments to this chapter.

A structure lawfully existing at the effective date of this chapter or any amendment thereto affecting such structure, which does not conform to the Table of Dimensional Regulations of this chapter for the district in which it is situated, irrespective of the use to which such structure is put.

Any use of a building, structure, lot or land, or part thereof, lawfully existing at the effective date of this chapter or any amendment thereto affecting such use, which does not conform to the Table of Use Regulations of this chapter for the district in which it is situated.

A building or structure, together with its lot and its accessory uses, buildings and structures, used as an organized instructional facility for five or more enrolled children other than the children of the resident family, but not provided with customary commercial public recreation features such as Ferris wheels or roller coasters, and not furnishing sleeping quarters except for the resident family.

Undeveloped land or water, two acres or more, left generally undisturbed or developed as a landscaped area for conservation, recreation or resource protection purposes and unoccupied by habitable buildings. The term shall include the reservation of common land for the use and recreation of residents in a cluster, townhouse or planned development.

A lot or part thereof used for the storage or parking of motor vehicles, with or without the payment of rent or charges in money and/or other consideration.

A stall or berth which is arranged and intended for parking of one motor vehicle in a garage or parking lot.

A specific principal use of a building, structure, lot or land, or part thereof, which this chapter provides for in a particular district as a matter of right. Any use which is not listed as a permitted, special exception or accessory use shall be considered a prohibited use.

A development of land based on an overall development plan approved by the Planning Board in accordance with the special exception use procedures for commercial and industrial uses other than retail stores, personal service establishments or other uses not indicated as permitted or special exception uses in the Commercial-Industrial Park District. Such an overall development plan may provide for variance of the dimensional regulations as provided in this chapter.

A residential development of land based on an overall development plan approved by the Planning Board in accordance with the special exception use procedure in which the dimensional regulations of this chapter and the type of housing may be varied as provided in this chapter, and where certain lands are set apart as permanent open space or common land.

A use of a building, structure, lot or land, or part thereof, which is not listed as a permitted, special exception, or accessory use.

A building for experimentation in pure or applied research, design, development, and production of prototype machines or devices or of new products, and uses accessory thereto; with respect to the application of this chapter, such research institute or laboratory shall meet the standards of a non-nusiance industry.

The setback is the minimum distance measured at the nearest building line, including any roof or overhang or stoop/patio, from and parallel to the road right-of-way or the property line nearest the road right-of-way.

Any kind of billboard, signboard, pennant, or other shape or device or display, used as an advertisement, announcement, or direction, including any text, symbol, lights, marks, letters, or figures painted thereon or painted on or incorporated in the composition of an exterior surface of a building or structure.

A temporary or permanent sign which directs attention to a business or profession conducted upon the property.

A temporary or permanent sign which directs attention to a resident's home, a home occupation, a home professional office, or a public or semi-public building.

A sign advertising land or improvements thereto, or describing construction activity or a firm doing work related to construction on the premises on which the sign is located.

A temporary sign which directs attention to a special activity or entertainment, or one which indicates the location of a real estate subdivision.

A use in one or more districts, for which the Planning Board may grant a permit, pursuant to the provisions of Article VIII.

That portion of the building, other than the basement, included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, the space between the floor and the ceiling next above it.

Any federal, state, county or municipal highway or road, or any street shown upon a subdivision plat filed in the County Clerk's office.

The dividing line between a lot and a street right-of-way.

Anything constructed or erected which requires permanent location on or under the ground or attachment to another structure or building.

An artificial pool of water having a depth at any point of more than 24 inches and a surface area of greater than 100 square feet, designed or intended for the purpose of bathing or swimming and including all appurtenant equipment.

A single-family residential structure forming a group of three or more attached dwelling units in which each unit has its own front and rear access to the outside and each unit is separated from one another by one or more fire-resistant walls that extend without through access from basement to the roof; no units are located over or under any other unit.

A modification of the dimensional regulations of this chapter granted on grounds of practical difficulties or unnecessary hardship, not self-imposed, pursuant to the provisions of Article XIII.

A structure of wood, stone or other materials, or combination thereof, intended for defense, security, screening, or enclosure, or for the retention of earth, stone, fill or other materials as in the case of retaining walls or bulkheads.

A space on the same lot with a building, situated between the nearest roofed portion of the principal building or buildings and the front lot line of the lot, and extending from side lot line to side lot line.

A space on the same lot with a building, situated between the nearest roofed portion of the principal building or buildings and the rear lot line of the lot, and extending from side lot line to side lot line.

A space on the same lot with a building, situated between the nearest roofed portion of the principal building or buildings, and the side lot line of the lot, and extending through from the front yard or from the front lot line where no front yard exists, to the rear yard or to the rear lot line where no rear yard exists.

An official map adopted by the Town of Newfane Town Board identifying the zoning districts in the Town by description and symbol and their distribution.

The individual charged with administration and enforcement of the provisions of the Zoning Ordinance by the Town of Newfane.