An accessory structure is subordinate to and serves a principal residence. It contributes to the comfort, convenience and/or necessities of the occupants of the principal residence.

The use of land that is subordinate, incidental to, and customarily found in connection with the principal use allowed on a lot by the Zoning Law. A garage is incidental to the principal use of a lot as a single-family residence and is customarily found on a single-family parcel.

The production of crops, plants, vines and/or trees.

The production of crops, plants, vines and/or trees or the keeping, grazing or feeding of livestock for animal products (including serums), animal increase or value increase. The raising of hogs as the main or principal occupation shall be prohibited.

A piece of land that is maintained for the horizontal or vertical landing and takeoff of aircraft used for receiving and discharging passengers and/or cargo that usually has facilities for the shelter, supply and repair of aircraft.

A runaway without normal airport facilities.

As applied to a building or structure, a change or rearrangement of the structural parts or of the exit facilities or an enlargement (whether by extending on a side or increasing in height) or moving from one location or position to another. The term "alter" in its various modes and tenses or its particular form refers to the making of an alteration.

A device used to collect or transmit telecommunications or radio signals. Examples are panels, microwave dishes and single pole known as "whips."

A building arranged, intended or designed to be occupied by three or more families living independently of each other.

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

A portion of a structure partly underground but having at least part of its height above the average level of the adjoining ground. A "basement" shall be counted as a story for the purposes of height measurement and floor area if the vertical distance between the ceiling and the average level of the adjoining ground is more than five feet.

A residence with living quarters within the principal building for the temporary lodging of guests of the occupants of the premises, which living quarters shall not be a dwelling unit and which are not rented or otherwise leased as separate dwelling units, and which may provide breakfast meal service.

See "sign, advertising."

Green space designed to protect owners of property from the offensive use of adjoining property, especially when the zoning changes between the two. No structures, pavement, storage or business activity is allowed in this area.

Any structure occupied or intended for supporting or sheltering any occupancy.

The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces and steps. All dimensions shall be measured between the exterior faces of walls.

Any unusable leftover material from constructed, demolished, wrecked or burnt-out structures. Also all unused or broken concrete, stone or similar material.

The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deckline of mansard-type roofs and to the mean height between eaves and ridge for gable-, hip- and gambrel-type roofs.

A line formed by the intersection of a horizontal plane of 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.

A permit issued by the Code Enforcement Officer/Building Inspector of the Town of Pendleton in accordance with § 247-73D of this chapter.

A line parallel to the street line at a distance as regulated by the front yard requirements in this chapter.

A parcel of land designed, intended or used for the parking, pitching, erection or maintenance of more than one travel trailer, tent, cabin or any temporary recreation shelter.

A vehicular, portable structure (whether towed or self-propelled) used as a temporary dwelling for traveling, recreation or seasonal use.

A parcel of land (with or without structures) designed, intended or used for one temporary shelter or a seasonal residence.

Consists of the equipment and structures involved in receiving telecommunication or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land-based or satellite telephone facility.

A certificate issued by the Code Enforcement Officer/Building Inspector pursuant to § 247-73G of this chapter.

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.

An organization catering exclusively to members and their guests (including premises and buildings for recreational or athletic purposes) which is not conducted primarily for monetary gain.

Telecommunications facilities which utilize existing towers or structures for all or partial antenna height requirements.

The person or persons, as appointed by the Town Board, pursuant to the provisions of the Town Law and § 247-73C(2) of this chapter, charged with the responsibility and authority to execute all Town ordinances. Use of the terms "Code Enforcement Officer(s)" or "Building Inspector(s)" in this chapter shall mean the Code Enforcement Officer/Building Inspector.

The Code Enforcement Officer/Building Inspector and all inspectors.

Those districts mentioned in this chapter where retail sales establishments are permitted by right.

An order issued by the Code Enforcement Officer/Building Inspector pursuant to § 247-73O(1) of this chapter.

A body of water retained by a liner upon one parcel of land and used only for decoration or property enhancement.

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.

A lot, with or without a structure, used for the harboring of more than three dogs that are more than six months old.

A lot or land (or part thereof) used for the disposal, by abandonment, dumping, burial, burning or any other means (and for whatever purpose), of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof or waste material of any kind.

See, "residence."

One or more rooms providing living facilities (including equipment and provision for cooking) and sanitary facilities for a single household of one or more persons living as a family and having not more than two people who are sheltered and/or fed for profit.

A place where food and/or beverages are prepared and/or sold for consumption on the premises or for takeout, including restaurants, tearooms, cafeterias, bars, taverns and lunchrooms.

The State Energy Conservation Construction Code, as currently in effect and as hereafter amended from time to time.

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."

The erection, construction, alteration or maintenance by public utilities or municipal or other governmental agencies of gas, electrical, steam, water, sewage and communication systems and facilities. Railroad trackage and facilities and bus shelters shall also be considered as providing an essential service.

Any man-made depression one foot or more below the surrounding grade, excluding drainage ditches.

Any manufactured home approved by the State Fire Prevention and Building Code Council and listed as an approved modular home by this Council. These structures may be constructed as single-family residences.

The radius around a tower within which all portions of the tower and antenna(s) would fall in the event of a structural failure.

One or more persons related by birth, marriage or other domestic bond occupying a dwelling unit and living as a single, nonprofit housekeeping unit.

An area of land containing at least seven acres which is used for the commercial growing of the usual farm products, such as vegetables, fruit and/or grain, and for the packing or storage of the products produced on the premises, as well as for the raising of the usual farm animals, such as horses, cattle and sheep (but excluding the raising of fur-bearing animals, riding academies, livery or boarding stables, dog kennels or the commercial raising of swine and/or poultry).

An artificially constructed barrier of wood, masonry, stone, wire, metal or any other manufactured material or combination of materials erected for the enclosure of land and/or dividing one piece of land from another.

The official map received from the Federal Insurance Administration.

A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of streams, rivers or other inland areas of water or abnormally rising lake waters resulting from severe storms or hurricanes.

The level and elevation above which a particular use will be considered safe from flooding. (Such levels or elevations shall be based and updated from the 100-year flood elevation).

A relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial or complete inundation or any area subject to the unusual and rapid accumulation of runoff of surface waters from any source.

Any combination of structural or nonstructural additions, changes, alterations or adjustments to properties or structures which reduce or eliminate flood damage to land, water and sanitary facilities, structures and contents of buildings.

The designated area on the Flood Hazard Boundary Map of a floodplain required to carry and discharge floodwaters of a given magnitude.

The designated area on the Flood Hazard Boundary Map of a floodplain adjacent to the floodway and within the 100-year special flood hazard area.

Shall include all sales entitled "garage sale," "lawn sale," "attic sale," "rummage sale," "flea market sale" or any similar casual sale of personal property which is advertised by any means whereby the public at large is or can be made aware of said sale.

An accessory enclosed space, either attached or detached from the principal building, for the storage of one or more motor vehicles, provided that no business, occupation, service or other gain is conducted for profit therein nor space therein for more than one car is leased to a nonresident of the premises. Only one garage is allowed per building lot in a residential district.

Any garage not a private garage which is used for the storage, repair, painting, rental, servicing or supplying of gasoline or oil to motor vehicles.

The Town Board of the Town of Pendleton.

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

The distance between any vehicular entrance or exit to the street.

An occupation, profession, activity or use that is clearly a customary, incidental and secondary use of a residential dwelling unit and which does not alter the exterior of the property or affect the residential character of the neighborhood.

Unless otherwise specified, shall be deemed to include a sanitarium, sanitorium, preventorium, clinic, rest home, nursing home, convalescent home and any other care of ailments and shall be deemed to be limited to places for the diagnosis, treatment or other care of human ailments. Hospitals are required to obtain and renew annually an operating permit issued by the Town Board.

An establishment for the medical and/or surgical care of sick or injured animals.

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

Those districts mentioned in this chapter where industrial uses are permitted by right.

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.

An inspector appointed pursuant to § 247-73C(4) of this chapter.

A lot, land or structure (or part thereof) used for the recycling, collection, exchange, storage, packing, disassembly and/or sale of waste, scrap metal, paper, lumber, rags or similar materials, including storage of more than one unregistered, uninsured or uninspected motor vehicle.

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.

An open, hard-surfaced area of land, other than a street or public way, the principal use of which is for the standing, loading and unloading of motor vehicles, tractors and trailers to avoid undue interference with public streets and alleys. Such space shall not be less than 14 feet in width, 60 feet in length and 15 feet in height, exclusive of access aisles and maneuvering space.

A portion or parcel of land considered as a unit, devoted to a certain use or occupied by a building or a group of buildings that are united by a common interest or use and the customary accessories and open spaces belonging to the same.

The net area contained within lot lines.

That percentage of the lot area which is devoted to building area. District regulations refer to the maximum percentage of the lot area devoted to building area.

The shortest distance from the street line to the rear line, measured at right angle to the street line.

Any line dividing one lot from another.

Any lot which individually or as a part of a subdivision has been officially recorded in the office of the Clerk of Niagara County.

Lot width is measured from side lot line to side lot line following the street line and in addition is measured using the shortest distance from side lot line to side lot line at the minimum front yard setback line.

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

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

The extraction of overburden and minerals from the earth; the preparation and processing of minerals, including any activities or processes or parts thereof for the extraction or removal of minerals from their original location and the preparation, washing, cleaning, crushing, stockpiling or other processing of minerals at the mine location so as to make them suitable for commercial, industrial or construction use; exclusive of manufacturing processes at the mine location; the removal of such materials through sale or exchange, or for commercial, industrial or municipal use; and the disposition of overburden tailings and waste at the mine location. Mining shall not include the excavation, removal and disposition of minerals from construction projects, exclusive of the creation of water bodies, or excavations in aid of agricultural activities.

Excluding camping trailers, any piece of mobile equipment designed or constructed to be towed, pulled by a motor vehicle or self-propelled (regardless of whether the wheels are attached or unattached or a permanent or semipermanent foundation is constructed underneath or any structure of a permanent or semipermanent nature is attached thereto). No mobile home shall be located within the Town, except in a designated mobile home park. The use of the term "mobile home" in this chapter shall mean "mobile home."

A tract of land used or intended to be used for the parking of two or more mobile homes, together with the necessary improvements and facilities on the land.

See "camping trailer."

Any use of land, including structures thereon, that is used for the sale of gasoline or any other motor vehicle fuel and oil and other lubricating substances, including any sale of motor vehicle accessories and/or including facilities for lubricating, washing or otherwise servicing motor vehicles (but not including the painting thereof by any means, body and fender work or the dismantling or replacing of engines).

The Town of Pendleton.

A lawful building, structure or use of land existing at the time of enactment of this chapter which does not conform to the regulations of the district in which it is situated.

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 wall, dam, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, culvert, bridge, building, wire, fence, stockpile, refuse, fill or structure in, along, across or projecting into any channel, watercourse or regulatory flood hazard area which may impede, retard or change the direction of the flow of water (either by itself or by catching or collecting debris carried by such water) or that is placed where the flow of water might carry the same downstream to the damage of life or property.

A place which is used to conduct a business or profession and is occupied by a physician, surgeon, dentist, lawyer or person providing similar services or in whose office the functions of consulting, recordkeeping and clerical work are performed.

Common or public or private greens, parks or recreation areas, including playgrounds, woodland conservation areas, walkways, trails, stream crossing and drainage control areas, golf courses, swimming pools, tennis courts, ice-skating rinks and other similar recreational uses, but which may not include any such uses or activities which produce noise, glare, odor, air pollution, fire hazards or other safety hazards, smoke or fumes or any use or activity which is operated for a profit or that would be detrimental to existing or prospective development of the neighborhood.

A permit issued by the Code Enforcement Officer/Building Inspector pursuant to § 247-73J of this chapter. The term "operating permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this chapter.

A required off-street parking space shall be an area of not less than 170 square feet nor less than 81/2 feet wide by 20 feet long (exclusive of access drives or aisles, ramps, columns or office and work areas) accessible from streets or alleys, to be used for the storage or parking of passenger automobiles or commercial vehicles under 1 1/2 tons' capacity. Aisles between vehicular parking spaces shall not be less than 12 feet in width when serving automobiles parked at a forty-five-degree angle in one direction nor less than 25 feet in width when serving automobiles parked perpendicular to the aisles and accommodating two-way traffic. Handicapped parking shall be provided according to the guidelines of New York State laws.

An individual, corporation, limited liability company, partnership, limited partnership, business trust, estate, trust, association, or any other legal or commercial entity of any kind or description.

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

Unless otherwise designated, the Planning Board of the Town of Pendleton as established by the Town Board by local law or ordinance, pursuant to the provisions of § 271 of Town Law.

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.

An excavation for the owner's use on a single parcel of land.

Land development activity.

Owned, operated or controlled by a governmental agency (federal, state, county or local), including a corporation created by law for the performance of certain specialized governmental functions, a public school district or service district.

A lot or land or part thereof used for the purpose of extracting stone, sand or gravel 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.

Shall include campers, motor homes and boats, as well as other similar vehicles.

A building used or designed for three or four dwelling units, including apartment houses, townhouses and condominiums. The term "multiple dwellings" as used in this chapter shall mean multifamily residence.

A detached building designed to contain one dwelling unit.

A detached building containing two dwelling units separated by a fire separation.

Those districts mentioned in this chapter where single-family detached, two-family and/or multifamily residences are permitted by right.

A method of disposing of garbage and refuse by spreading, covering and compacting with earth. This is not allowed in the Town.

Unless otherwise noted, section and section numbers shall refer to this chapter.

Measures that prevent eroded sediment from leaving the site.

Places of worship, institutions for the aged and children, child-care facilities, nonprofit colleges, hospitals, libraries, cemeteries and institutions of a philanthropic nature and also open space.

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 edge of the right-of-way to the part of the structure nearest to the edge of the right-of-way, measured by right angles to the edge of the right-of-way, not including cornices or entrance steps.

Any structure or device for visual communication that is used for the purpose of attracting the attention of the public. A sign includes any portion of a structure or device attached to a structure upon which is painted or represented or displayed any letter, word, model, banner, flag, pennant, insignia, decoration or representation used to communicate a message to (or attract the attention of) the public. The word "sign" does not include the flag, pennant or insignia of any nation, state, city or other political unit.

The area defined by the outermost portion of the frame, support or edge of a sign (including roof, enhancement, etc.). Where there is not a geometric frame or edge of a sign, the sign area shall be defined by a projected, enclosed four-sided (straight sides) geometric shape which most closely outlines the sign. Only one face of a sign shall be used in measuring the sign area.

To build, construct, alter, repair, display, relocate, attach, hang, place, suspend, affix or maintain any sign, including the painting of exterior wall signs.

A sign which offers services or goods produced or available somewhere other than on the lot on which the sign is located. The words "advertising sign" include the word "billboard." Neither directional, warning nor other signs posted by public officials in the course of their public duty shall be construed as "advertising signs."

A sign for a permitted use conducted on the premises which shall identify the written name and/or the type of business and/or any trademark of an article for sale or rent on the premises and/or communicate the type of service or articles offered on the premises.

Any sign attached directly to the wall of a building occupied by the person to whom such sign indicates the name, occupation and/or address of the occupant. A nameplate shall not exceed two square feet in area.

A sign which offers a premises for sale, rent or development or announces special events or calls attention to new construction or alteration. Signs advertising sale items are not to be considered as "temporary signs."

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 maximum area designated on the Flood Hazard Boundary Map of the floodplain that, on the average, is likely to be flooded once every 100 years.

A use of land authorized by the Town Board pursuant to § 247-16 of this chapter subject to requirements imposed by the Town Board to ensure the use does not conflict with this chapter or other local laws or negatively impact the neighborhood or district.

Authorization by the Town Board to carry out a special use.

The use of practices that prevent exposed soil from eroding.

An accessory building in which a horse or horses are kept for private use and not for hire, remuneration or sale.

A building in which horses are kept for remuneration, hire, sale or other gain.

An order issued by the Code Enforcement Officer/Building Inspector pursuant to § 247-73F of this chapter.

Rainwater, surface runoff, snowmelt and drainage.

A land use or activity that generates higher concentrations of hydrocarbons, trace metals or toxicants than are found in typical stormwater runoff, based on monitoring studies.

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.

For use during excessive rainfall or water runoff conditions to prevent property damage. Constructed under subdivision or site plan review regulations.

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

An individual designated by the Town Board to accept and review stormwater pollution prevention plans (SWPPPs), forward the plans to such agency, committee, employee, or board of the Town of Pendleton which may be reviewing any application for a construction activity requiring submission of a SWPPP, and inspect stormwater management practices. The Town Board shall appoint such individual to act as the SMO by resolution annually.

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 is 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.

A public way which affords the principal means of access to abutting properties.

The common line joining a street right-of-way to any lot.

That which is built or constructed or a portion thereof.

The process of creating more than one parcel from any recognized parcel of property in Pendleton. All subdivisions must be approved by the Planning Board.

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.

The building in which the electronic receiving and relay equipment for a telecommunications facility is housed.

A certificate issued by the Code Enforcement Officer/Building Inspector pursuant to § 247-73G(4) of this chapter.

A structure that is intended to support equipment used to transmit and/or receive telecommunications signals. Examples of such structures include monopoles and lattice construction steel structures.

The Town of Pendleton.

The Town Board of the Town of Pendleton.

Either a consulting or a full-time engineer, New York State licensed as a professional engineer, as appointed by the Town Board.

A dwelling unit designed to be occupied as a residence for one family which is in a group of three or more attached dwellings, placed side by side, separated by party walls, each containing one or two stories and each having separate front and rear or side and rear or front and side entrances from the outside.

A large piece of land under single ownership and developed, or to be developed, as a single entity for two or more units of use.

The New York State Uniform Fire Prevention and Building Code, as currently in effect and as hereafter amended from time to time.

Any purpose for which land or a building is designed, arranged or intended or for which it is or may be occupied or maintained.

Permissive waivers from the terms of this chapter granted by the Zoning Board of Appeals.

Authorization by the Zoning Board of Appeals to deviate from the dimensional and physical requirements applicable to land pursuant to this chapter.

Authorization by the Zoning Board of Appeals for use of land otherwise prohibited by the terms of this chapter.

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 unoccupied space on the same lot with the main building between the front line of the building and the front line of the lot and extending the full width of the lot.

An open unoccupied space on the same lot with the main building between the rear line of the building and the rear line of the lot and extending the full width of the lot.

An open unoccupied space on the same lot with the main building between the main building and the side line of the lot and extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed a side line.

The Zoning Board of Appeals of the Town of Pendleton as established by the Town Board by local law or ordinance, pursuant to the provisions of § 267 of Town Law. The term "Board of Appeals" as used in this chapter shall mean the Zoning Board of Appeals.

The map or maps incorporated into this chapter as a part thereof designating zoning districts, the originals of which are on file with the Town Clerk.