An accessory facility or structure serving or being used in conjunction with a communications tower and/or similar facility, and located on the same lot as the communications tower. Examples of such structures include utility or transmission equipment storage sheds or cabinets.

A use, occupancy or tenancy customarily incidental to the principal use or occupancy of a building.

The activity of an active farm including grazing and watering livestock, irrigating crops, harvesting crops, using land for growing agricultural products, cutting timber for sale, but shall not include the operation of a dude ranch or similar operation, or the construction of new structures associated with agricultural activities.

A way which affords only a secondary means of access to abutting property.

As applied to a building or a structure, a change or rearrangement in the structural parts, or an enlargement, whether by extending on a side, increasing in height or the moving from one location or position to another.

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

See "dwelling, multiple."

The outward aspect visible to the public.

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

Sympathetic, or fitting, to the context of the site and the whole community.

Having observable qualities that arouse interest and pleasure.

That space of a building that is partly below grade which has more than half of its height measured from floor to ceiling, above the average established curb level or finished grade of the ground adjoining the building.

Owner-occupied one-family dwelling used for providing overnight accommodations and a morning meal to not more than 10 transient lodgers, containing at least three but not more than five bedrooms for such lodgers.

A raised form of earth to provide screening or to improve the aesthetic character.

Any structure having a roof supported by columns or by walls and intended for shelter, housing, protection or enclosure of persons, animals or property. Depending upon its applicability, the use herein of "building" shall include the term "structures."

A supplemental building, the use of which is incidental to that of a main or principal building and located on the same lot.

The aggregate of the areas of all enclosed and roofed spaces of the principal building and all attached accessory buildings. Such areas shall be computed by using outside building dimensions measured on a horizontal plane at ground level.

The New York State Uniform Fire Prevention and Building Code, as amended from time to time (Title 9 of the Official Compilation Codes, Rules and Regulations of the State of New York).

A building surrounded by open space on the same lot.

The line of that face of the building nearest the front line of the lot. This face includes sun parlors and covered porches, whether enclosed or unenclosed, but does not include steps.

The vertical distance from grade plane to the height of the highest roof surface.

The line formed by the intersection of a horizontal plane at the average grade level and a vertical plane that coincides with the exterior surface of the building on any side. In case of a cantilevered section of a building or projected roof or porch, the vertical plane will coincide with the most projected surface. All yard requirements are measured to the building line.

Telecommunications facilities which utilize existing buildings and structures other than towers, as defined in this section, for supporting antennas. A building-mounted antenna which does not utilize a building or structure for its primary means of attachment, or structural support, will be defined as a "tower" as set forth in this section.

A document issued by the Building Inspector of the Town of Niagara allowing the construction, reconstruction, remodeling, alteration or repair of a structure after review and approval of the submitted plans of said structure.

A building or buildings, in which is conducted the main or principal use of the lot on which said building is situated.

Includes the purchase or sale or other transaction involving the handling of or disposition of any articles, substance or commodity, including enterprises conducted for profit, providing of any services.

That space of a building that is partly or entirely below grade which has more than half of its height, measured from floor to ceiling, below the average curb level or finished grade of the ground adjoining the building.

A certificate issued by the Building Inspector upon completion of construction, alteration or change in occupancy or use of a building. Said certificate shall acknowledge compliance with all the requirements of this code and such adjustments thereto granted by the Board of Appeals.

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.

A building used to house a social, fraternal or service organization or club not organized or conducted for profit and which is not an adjunct to or operated by or in conjunction with a public tavern, cafe or other place of business.

A development of residential lots, each containing less area than the minimum lot area required for the zone within which such development occurs, and maintaining a minimum amount of open space.

The officer(s) employed by the Town of Niagara to enforce the State Uniform Fire Prevention and Building Code adopted by local law.

Unity of composition between design elements of a building, or a group of buildings, and the landscape development.

Telecommunications facilities which utilize existing towers, buildings or structures, as defined in this section, for placement of antenna(s) or replacement of existing towers which do not require construction of a new tower. (Replacement of an existing tower to accommodate collocation, provided that such new tower does not exceed the height of the existing tower, will not be deemed to be construction of a new tower as stated in this definition.)

Harmony in the appearance of two or more external design features in the same vicinity.

The officially established grade of the curb in front of the mid-point of the lot.

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.

The condition or appearance of a building or structure characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting or other evidence of physical decay or neglect, excessive use or lack of maintenance.

A person who undertakes land development activities.

A certain area, delineated on the Zoning Map for a specific class of use.

Building containing not more than two dwelling units occupied exclusively for residential uses.

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

A building arranged for one dwelling unit.

A building arranged for two dwelling units.

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.”

Any premises or open space or any part thereof or any building or structure that may be lawfully viewed by a member of the public from a sidewalk, street, alleyway or from any adjoining or neighboring premises.

Open space on the premises outside of any building located thereon.

The control and elimination of insects, rodents and vermin.

A structure designed primarily for residential occupancy by a method or system of construction whereby the structure, or its components, are wholly, or in substantial part, manufactured in manufacturing facilities for assembly and permanent installation on a building site.

The radius around a tower within which all portions of the tower and antenna(s) would fall in the event of a structural failure. Unless specifically set at a different level by the Town, the fall-down zone shall be the height of the tower plus 30 feet. Unless otherwise indicated, distances in this chapter shall be measured from the outer edge of the fall-down zone.

A household constituting a single housekeeping unit occupied by one or more persons.

Any parcel of land, which is used in the raising of agricultural products, including crops, livestock, poultry or dairy products.

Any building used for the housing of agricultural equipment, produce, livestock or poultry, or for the incidental or customary processing of farm products, and provided that such building is located on, operated in conjunction with and necessary to the operation of the farm as defined by this article. The term "farm building" shall not include "farm dwelling."

An artificially constructed barrier of wood, masonry, stone, wire, metal or any other manufactured material or combination of materials erected for the enclosure of yard areas.

See "motor vehicle service station."

The floor area within surrounding walls of a building, or portion thereof.

An enclosed structure accessory to the principal building for the purpose of storing motor vehicles and/or items incidental to the principal building.

Any garage building, other than a private garage, used for storage, repair and servicing of all types of motor vehicles for use by the general public.

Putrescible animal and vegetable waste resulting from the handling, preparation, cooking and/or consumption of food. (See also "refuse" and "rubbish.")

A building or group of buildings designed within an open lawn setting, designed to accommodate more than two dwelling units within a single structure and which is designed so that the group of dwelling units utilize such common facilities as pedestrian walks, parking and garage areas, open space, recreation areas and utility and service facilities.

A standard of maintenance that renders a building safe, habitable and possessed of a neat and orderly appearance.

The natural surface of the ground, or surface of the ground after completion of any change in contour.

The officially established grade of the street upon which the lot fronts. If there is no officially established grade, the existing grade of the street at the midpoint of the lot shall be taken as the street grade.

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

A use, structured as a single housekeeping unit and in accordance with the appropriate state code, rules and regulations, providing supervision and support in a family-like setting for persons, who by reason of mental or physical disability, addiction to drugs or alcohol or family and school adjustment problems, require specialized attention and care in order to achieve personal independence.

Any condition, man-made or natural, which affords a breeding place or hiding place for rodents, insects or other pests.

A quality that represents an appropriate and congruent arrangement of parts, as in an arrangement of varied architectural and landscape elements.

The office of a member of a recognized profession when conducted on residential property; such occupation shall include those of doctors, lawyers, architects, engineers, artists, ministers, licensed real estate brokers or sales persons and other recognized professionals providing a personal service only and not sale of goods. Home professional occupations shall not include the following: any permitted use in a Business District or Industrial District.

As defined by Article 28 of the New York State Public Health Law.

A multiple dwelling used primarily for the purpose of furnishing lodging, with or without meals, for more than 15 transient guests, for compensation.

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.

Includes storage, repair, manufacture and preparation or treatment of any article, substance or commodity, and includes the operation of quarries.

The presence of insects, rodents, vermin or other pests on the premises, which constitute a health hazard either to the occupants of the premises and/or to surrounding properties and/or residents.

The process of percolating stormwater into the subsoil.

Any old, discarded and unusable objects of any kind, such as vehicles, building materials, scrap metal, machinery, appliances, furniture, equipment, etc., whether made of metal, fiber or plastics or any other material; old cordage, ropes, rags, fibers or fabrics; old rubber or other waste or discarded materials; or materials dangerous to health, regardless of their kind, form, shape or nature.

A yard, lot or any place of storage or deposit outdoors, in whole or in part, within the Town of Niagara where junk, as defined above, is kept or stored. For purposes of this chapter, junkyards include scrapyards. (Requirements for junkyards under this Zoning Code shall be in addition to any state requirements under 6 NYCRR Part 360.)

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 construction activity 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 length of a building shall be the longest dimension through the main portion of such building and at right angles to an outside wall of the same.

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

A multiple dwelling used primarily for the purpose of furnishing lodging, with or without meals, to 15 or less transient occupants, for compensation.

Accepted principles and criteria of validity in the solution of the problem of design.

A parcel of land occupied or capable of being occupied by one or more buildings and accessory buildings customary and incidental to it, including such open spaces as are arranged and designed to be used in connection with such buildings.

An area of land which is determined by the limits of the lot lines bounding that area and expressed in terms of square feet or acres. Any portion of a lot included in a public street right-of-way shall not be included in calculating lot area.

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

That percentage of the lot area which is devoted to structures.

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

A lot having a minimum frontage for a driveway servicing the main portion of the lot which is some distance back from the street and which meets all other zoning requirements.

A lot other than a corner lot.

Any line dividing one property from another.

An interior lot having frontage on two parallel or approximately parallel streets.

The distance between the side lot lines measured along the required front setback line.

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

A structure, transportable in one or more sections, which, in traveling mode, is eight body feet or more in width or 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 when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein.

A parcel of land under single ownership which has been planned for the placement of mobile homes, accessory structures or additions.

A multiple dwelling, intended primarily for motorists, not over two stories in height, in which the exit from each dwelling unit or sleeping room is directly to the exterior (includes but is not limited to the terms "motor court," "motor hotel" and "tourist court").

A vehicle on wheels having its own motor and not running on rails or tracks, for use on streets or highways; an automobile, truck or bus.

Motor vehicle sales rooms and lots for the retail or wholesale sale, rental or lease of new and used automobiles, trailers, mobile homes, recreational vehicles and/or heavy motorized equipment exceeding two such items in any calendar year.

A public automobile filling station used to supply motor vehicles with gasoline or other equivalent fuel, oils, greases and customary accessories, and may include a car wash, the service of which is to wash motor vehicles.

A building which in its design or location upon a lot does not conform to the regulation of this code for the zone in which it is located.

A lot of record existing at the date of the passage of this code which does not have the minimum width or contain the minimum area for the zone in which it is located.

A structure or land occupied by a use that does not conform to the regulations of the use district in which it is situated, but which was lawful at the time the regulations were adopted.

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.

Any nuisance which may prove detrimental to the health or safety of children, whether in a building, on the exterior of premises or upon an occupied lot. Attractive nuisances include, but are not limited to: abandoned wells, shafts, basements, excavations, abandoned swimming pools, abandoned ice boxes and/or refrigerators, motor vehicles and structurally unsound fences or structures, lumber, trash, fences, debris or vegetation such as poison ivy, oak or sumac, which may prove hazardous for inquisitive minors.

A facility as defined by the Department of Health Rules and Regulations in the State Hospital Code (10 NYCRR).

When no longer in use for the original intended purpose or which remains unused for its intended purpose for a period of more than six consecutive months due to a change in technology, loss of right to use a tower site or by any failure of the communications facility owner.

As defined in Town Code Chapter 233.

Any person who has charge, care or control of a building or part thereof.

Includes any person having individual or joint title to real property in any form defined by the laws as an estate or interest therein, whether legal or equitable and however acquired.

An off-street space available for the parking of one motor vehicle, inclusive of passageways and driveways appurtenant thereto and giving access thereto, and having direct access to a street or alley.

Includes an individual, a partnership, a joint venture, a corporation, limited-liability company, an association and any other organization recognized as an entity by the laws of the State of New York.

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

The Town of Niagara Planning Board as established by the Town Board.

A map, plan or layout of a section or subdivision indicating the location and boundaries of individual properties.

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.

A transient or short-term rental that was in operation before the effective date of this Local Law No. 1 of 2023.

A building, dwelling and/or grounds.

The main use to which a building or lot is to be used.

Land development activity.

Land and whatever is erected on, growing on, placed on or affixed thereto.

A lot or land or part thereof used for the purpose of extracting stone, sand, gravel or topsoil for sale, 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 vehicle or a unit that is mounted on or drawn by another vehicle primarily designed for temporary living. Recreational vehicles include motor homes, truck campers, travel trailers, boats and camping trailers.

All putrescible and nonputrescible solid waste (except body waste), including, but not limited to, garbage, rubbish, ashes, street cleanings, dead animals and solid market and industrial wastes. (See also "garbage" and "rubbish.")

Any establishment, however designated, at which food is sold for consumption. However, a snack bar or refreshment stand at a public, semipublic or community swimming pool, playground, playfield or park operated by the agency or group or an approved vendor operating the recreational facilities and for the convenience of the patrons of the facility shall not be deemed to be a restaurant.

A strip of land between property lines open for use as a street or crosswalk.

Nonputrescible solid waste consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass bedding, crockery and similar materials. (See also "garbage" and "refuse.")

A private hospital, whether or not such facility is operated for profit.

Proportional relationship of the size of parts to one another and to the human figure.

A structure or planting that conceals from public view the area behind such structure or planting.

Measures that prevent eroded sediment from leaving the site.

A building or group of buildings divided into separate units or compartments used to meet the temporary storage needs of businesses and residential users.

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

The distance from the front property line to the part of the structure nearest the lot line, measured at right angles to the lot line.

The distance from the side lot line to any structure or building line, excluding fences.

The distance from the rear lot line to any structure or building line, excluding fences.

Any device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public, but not including any flag, badge or insignia of any government or government agency, or of any civic, charitable, religious, patriotic, fraternal or similar organization.

A structural or landscape device to interrupt long vistas and create visual interest in a site development.

A plan of a lot, subdivision or land development proposed on which is shown topography, location of all buildings, structures, roads, rights-of-way, boundaries, all essential dimensions and bearings and any other information deemed necessary by the Planning Board.

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.

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.

See "group home."

The use of practices that prevent exposed soil from eroding.

A building or portion of a building for the shelter or care of horses, ponies, cattle, sheep, goats or other similar domestic animals.

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 officer or employee designated by the Town Board to accept and review stormwater pollution prevention plans (SWPPPs), forward the plans to such employee, officer, or board of the Town of Niagara which is reviewing an 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.

That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between any floor and the ceiling next above it.

A story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story.

The vertical distance from the top surface of the floor next above. The height of the top-most story is the distance from the top surface of the floor to the top surface of the ceiling joists.

All lands, established by dedication or use, for highway purposes and accepted by the Town for such purposes.

A common property line separating a public street from abutting property.

The scene as may be observed along a public street or way composed of natural and man-made components.

An assembly of materials forming a construction framed of component structural parts for occupancy or use, including buildings.

A structure which is built of such materials and in such a way that it would commonly be expected to have a relatively short useful life, or is built for a purpose that would commonly be expected to be relatively short-term or which is only permitted by the Zoning Code to exist for a predetermined period.

The division of a single lot, tract or parcel of land, or a part thereof, into two or more lots, tracts or parcels of land, including changes in street lines or lot lines, for the purpose, whether immediate or future, of transfer of ownership or of building development. The term "subdivision" shall also include "resubdivision."

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 structure intended for bathing, swimming or diving purposes, made of concrete, masonry, metal or other impervious materials, and provided with a recirculation and/or controlled water supply.

A public or privately owned swimming pool open to the general public or on a membership basis and having appropriate dressing room facilities and off-street parking areas.

Towers and/or antennas and accessory structures used in connection with the provision of cellular telephone service, personal communications services, paging services, radio and television broadcast services and similar broadcast services.

An activity conducted for a specified limited period of time which may not otherwise be permitted by the provisions of this code. Examples of such uses are buildings incidental to new construction which are removed after the completion of the construction work.

A building or part of a building devoted to the showing of moving pictures on a paid admission basis.

An open lot or part thereof, with its appurtenant facilities, devoted primarily to the showing of moving pictures of theatrical productions, on a paid admission basis, to patrons seated in automobiles or on outdoor seats.

Individuals occupying a dwelling unit or sleeping unit for less than 30 continuous days.

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

The Town of Niagara, New York.

The Town Board of the Town of Niagara.

The Code of the Town of Niagara, New York.

One of a series of attached one-family dwelling units, each having a common wall between adjacent sections and having direct access to a private, individual rear and/or front yard designed as an integral part of each one-family dwelling unit.

Living and/or sleeping accommodation provided for compensation for any period of less than 30 consecutive calendar days. Hotels, motels, and transient short-term rentals shall individually and collectively be considered types of transient occupancies.

A dwelling or dwelling unit, including associated appurtenant facilities, used for transient occupancy by one or more guests, boarders or tenants, where the record owner of the premises is not physically present upon the premises during the transient occupancy, and whether or not meals or cooking facilities are provided for the guests, boarders or tenants, but excluding hotel and motel uses.

A vehicular portable structure built on a chassis designed to be used primarily as a temporary dwelling for travel, recreation and vacation uses, having a body width not exceeding eight feet and a body length not exceeding 32 feet.

The purpose for which a building, structure or premises or any part thereof is or are occupied, or if unoccupied, the purpose for which it or they may be occupied hereunder.

The authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of this code or local laws.

The authorization by the Zoning Board of Appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by this code or local laws.

Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks.

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.

The distance between the main walls of the building at right angles to the length and measured through the widest part of the building. An enclosed veranda shall be considered as part of the building.

The right-angle distance between the two sides of the street.

An open space other than a court on the same lot with a building, unoccupied and unobstructed from the ground upward, except as otherwise provided herein.

An open, unoccupied space on the same lot with the principal building, extending the full width of the lot and situated between the street line and the front line of the building projected to the side lines of that lot. "Setback line" shall be synonymous with the rear limit of the required front yard area.

A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of any building on the same lot. The depth of a rear yard shall be measured at right angles to the rear line of the lot or, if the lot is not rectangular, then in the general direction of its side building line.

An open, unoccupied space between the side line of the lot and the nearest line of the building. It shall extend from the front yard to the rear yard or, in the absence of either, to the street or rear lot lines, as the case may be. The width of a side yard shall be measured at right angles to the side line of the lot.

The officially established Zoning Board of Appeals of the Town of Niagara, Niagara County, New York.

The officially established Zoning Officer of the Town of Niagara.