article ii. rules and definitions. ii. rules and definitions.pdf(a) words used in the present tense...

ZONING ORDINANCE II OF THE TOWN OF ALLEGANY, NEW YORK Adopted 5/5/00

As Amended through August 21, 2012

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ARTICLE II. RULES AND DEFINITIONS.

In the construction of this Ordinance II, the rules and definitions contained in this section shall

be observed and applied except when the context clearly indicates otherwise, or where the text

defines terms not defined in this Article.

Section 2.01 Rules.

The following rules shall be used in the interpretation and construction of this Ordinance II.

(A) Words used in the present tense include the future tense.

(B) Words used in the singular include the plural and words used in the plural include

the singular.

(C) The word "person" includes any individual, owner, trust, association, firm,

company, organization, partnership or corporation. The word "owner" includes, in addition to its

usual meaning, tenant, lessee, occupant, or other users.

(D) The word "he" includes the word "she".

(E) The words "shall" "must" or "will" are mandatory. The word "may" is

permissive. The word "should" is to be interpreted as expressing that which is desired and

essential.

(F) The words "used" or "occupied" as applied to any land or building, shall be

construed to include the words "arranged", "rented" "constructed" "altered", designed",

"converted", "leased" or "intended to be used or occupied".

(G) The word "structure" shall include the word "building", and the word "building"

includes all other structures of every kind regardless of similarity to building.

(H) The word "lot" includes the word "plot", “piece” and "parcel".

(I) The words "this Ordinance II" or "this Zoning Ordinance II" shall refer to the

"Zoning Ordinance II of the Town of Allegany, Cattaraugus County, New York- 1998"; and

"Town" shall refer to the "Town of Allegany".

(J) Any reference to an "R District" shall be interpreted to mean "R-1 and R-2

Districts.

(K) Any reference to an "agricultural district" shall be interpreted to mean an "A-F

District".

(L) Any reference to a "business district" or a "commercial district" shall be

interpreted to mean "C-1 and C-2 Districts".



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(M) Any reference to an "I District" or an "industrial district" shall be interpreted to

mean "I-1 and I-2 Districts".

(N) Any reference to a "planned district", a "planned development district" or to a

"planned unit development" shall be interpreted to mean a "P-D District".

(O) Any reference to a "flood way district" a "flood overlay district", to a "flood

hazard district" or to flood way regulations shall be interpreted to mean the requirements of

Town of Allegany Local Law No 1-1987 entitled, "A Local Law for Flood Damage

Prevention(Adopted 06-11-87)".

Section 2.02 Definition of Terms.

The following words and terms, wherever they occur in this Zoning Ordinance II, shall be

interpreted as herein defined. For convenient reference, such words and terms are herein

presented in alphabetical order.

A WEIGHTED SOUND PRESSURE LEVEL — The sound pressure level measured in

decibels (dBA) and is equal to 20 times the logarithm to the base 10 of the ratio of root mean

square sound pressure to a reference sound pressure, weighted by frequency band following

standard procedures. The reference sound pressure in air is 2 * 10-5

Pascals. The measurement

of the sound pressure level may be done according to the American National Standard,

Quantities and Procedures for Description and Measurement of Environmental Sound

(ANSI/ASA S12.9-1993, Parts 1,2 and 3, Reaffirmed by ANSI April 2008), published by the

Acoustical Society of America (ASA) and the American National Standards Institute (ANSI), or

other accepted procedures.

ABANDONMENT - To cease or discontinue a use or activity without intent to resume it.

ACCESSORY USES – A use customarily incidental and subordinate to the main use or

building and located on the same lot therewith. In no case shall such use dominate, in area, extent

or purpose the principal lawful use of building.

ADULT CARE FACILITY - An Adult Care Facility shall mean a family-type home for

adults, a shelter for adults, a residence for adults or an adult home, which provides temporary or

long-term residential care and services to adults who, though not requiring continual medical or

nursing care provided by facilities licensed or operated pursuant to the Public Health Law or the

Mental Hygiene Law of New York State, are by reason of physical or other limitations

associated with age, physical or mental disabilities or other factors, unable or substantially

unable to live independently.

ADULT USES - Any establishment or use which involves the depiction of or

participation in sexual activities or the exposure of anatomical areas such as specified in Section

5.24 of this Ordinance II.



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AGRICULTURAL USE - The raising of agricultural products including livestock,

poultry, dairy products, farm crops, fruit, vegetables, cultivated plants and nursery stock whether

for gain or otherwise.

AIRPORT, PRIVATE. An area of land arranged, intended or designed for the landing or

taking off of aircraft owned by individual owner or lessor of said lands and/or his bona fide

guests. The landing area shall not be equipped with facilities for the supplying, servicing and/or

repairing of aircraft thereon or the receiving or discharging of passengers or cargo by air for hire.

ALLEY - A narrow supplementary thoroughfare for the public use of vehicles affording

access to abutting property.

ALTERATION - As applied to a building or structure, a change or rearrangement in the

structural parts or in the exit facilities of such building or structure, or any enlargement thereof,

whether by extension on any side, front or rear or by any increase in height, or the moving of

such building or structure from one location to another.

ALTERNATIVE TOWER STRUCTURE - man-made trees, buildings, clock towers, bell

steeples, light poles and similar alternative-design mounting structures that camouflage or

conceal the presence of antennas or towers.

AMENITIES or COMMUNITY BENEFITS - shall mean open space, housing for

persons of low or moderate income, infrastructure improvements, parks, elder care, day care or

other specific physical, social or cultural amenities, or cash in lieu thereof, of benefit to the

residents of the community authorized by the town board.

ANIMAL – Any member of a group of living beings typically endowed with sensation

and voluntary motion, as distinguished from a plant.

ANIMAL, DOMESTIC – An animal adapted to life in close association with and to the

advantage of human beings.

ANIMAL, FARM – An animal bred or raised as livestock as part of a farm operation.

ANIMAL, WILD – An animal living in a state of nature and not ordinarily tame or

domesticated.

ANTENNA - any exterior transmitting or receiving device mounted on a tower, building

or structure and used in communications that radiate or capture electromagnetic waves,

microwaves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless

telecommunications signals or other communication signals.

APARTMENT BUILDING – Any structure housing three or more families of

housekeeping units.



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APPEAL - A request to the Zoning Board of Appeals or to the New York State Courts

under Article 78 for a review of any decision or interpretation made by the Town Board, Zoning

Board of Appeals, the Planning Board or the Code Enforcement Officer under any provision of

this Ordinance II, or a request for a variance to the Zoning Board of Appeals.

AREA, BUILDING - 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.

ATTIC - That space of building which is between the top of the uppermost floor

construction immediately below and wholly or partly within the roof framing and that is not

finished as habitable space.

AUTOMOTIVE SALES AREA – See VEHICLE SALES AREA

BACKHAUL NETWORK - the lines that connect a provider's towers/cell sites to one or

more cellular telephone switching offices, and/or long distance providers, or the public switched

telephone network.

BAR – See TAVERN.

BASEMENT - Any space of a building which is partly below finished grade, but having

more than one-half of its height measured from floor to ceiling above average finished grade

(See also CELLAR).

BED AND BREAKFAST – An owner occupied residential building containing a

dwelling unit in which at least one, but not more than six, sleeping rooms are provided by the

owner/occupant as overnight lodging facilities for the accommodation of transient guests.

BILLBOARD – An outdoor sign which communicates a commercial or non-commercial

message related to an activity conducted, a service rendered or a commodity sold at a location

other than the location of the sign.

BOARD, PLANNING - The Planning Board of the Town of Allegany, Cattaraugus

County, New York.

BOARD, TOWN - The Town Board of Allegany, County of Cattaraugus, New York,

which is the Municipal Board of the Town of Allegany.

BOARD OF APPEALS - The Zoning Board of Appeals of the Town of Allegany,

County of Cattaraugus, New York.

BREAST HEIGHT - Measurement of the diameter of a tree at a height of four and one-

half (4 1/2) feet from the ground.



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BUFFER YARD – An area of land forming a visual and/or physical separation or barrier

between two uses. In the case of a visual barrier the land shall be covered with natural plantings

or man-made material to provide a continuous physical screen preventing visual access and

reducing noise.

BUILDABLE AREA - The space remaining on a lot after the minimum open space

requirements of this Ordinance II have been complied with.

BUILDING - A combination of any materials having a roof, to form a structure affording

shelter for person, animals or property. The word "building" shall include the word "structure",

and shall be construed, when used herein, as though followed by the words "or part or parts

thereof" unless the context clearly requires a different meaning.

BUILDING AREA - The maximum horizontal projected area measured from the exterior

of the walls of the building and its accessory buildings. The building area includes all

overhanging building parts such as the edges of roofs and window ledges, and the extension of

the building area or part thereof across lot lines is prohibited, and shall not at any time protrude

upon adjacent lots or other properties.

BUILDING HEIGHT - 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 deck line of mansard roofs, and to the mean height between eaves and ridge for gable, hip

and gambrel roofs.

BUILDING SETBACK LINE - A line parallel to 'the street line at a distance from it,

regulated by the front yard requirements which are established in this Ordinance II.

BUSINESS, GENERAL - Any establishment engaged in sale of goods or services not

otherwise identified in this Ordinance II.

CALIPER - A measurement of the diameter of a tree.

CAMPSITE - A property providing four (4) or more sites for the parking of occupied

travel trailers, the erection of tents or other shelters serving as temporary residences as defined

by Part 7 of the New York State Sanitary Code and all buildings and facilities pertaining thereto.

CAR WASH - A building, premises or portions thereof where automobiles and other

vehicles are washed either by the patron or others either by hand or using machinery and

mechanical devices specifically designed for this purpose.

CELLAR - Any space in a building the structural ceiling level of which is less than four

feet above average finished grade where such grade meets the exterior walls of the building (See

also BASEMENT).



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CERTIFICATE OF COMPLIANCE – A certificate issued by the Code Enforcement

Officer certifying that the development is in compliance with the provisions of this Zoning

Ordinance II and any conditions of approval stated in the permit(s) issued by the Zoning Board

of Appeals and/or the Planning Board.

CERTIFICATE OF OCCUPANCY - A certificate issued by the Code Enforcement

Officer certifying that conditions specified in the Building Permit and in the New York State

building code have been met; that a development has been inspected and is eligible to be

occupied.

CHILD CARE FACILITY - Any licensed building or structure operated for the purpose

of providing daytime care and instruction for two or more children on a regular schedule and also

known as a Day Care Center. (See also DAY CARE)

CHURCH OR RELIGIOUS INSTITUTION - Any structure used for worship or religious

instruction including meeting and administrative rooms accessory thereto, or person using said

structure having articles of incorporation attesting to same and having Internal Revenue Service

documentation attesting to same.

CLERK - The Town Clerk of the Town of Allegany, Cattaraugus County, New York.

CLUB, PRIVATE RECREATIONAL - A private club maintained and operated for the

exclusive use of said members and guests. This definition does not include a fraternity or

sorority house.

CLUSTER DEVELOPMENT - A group of lots or a planned unit development in which

minimum lot areas and minimum lot dimensions may be reduced by a specific amount, provided

that the area reduced is deeded to the municipality for public purposes or held in common

ownership for uses such as recreation or open space by individual property owners; or which are

permitted under the terms of an approved Development Plan. A cluster development may be

designed for single, double or multiple family dwelling purposes. The phrase "cluster" and

"clustering" shall refer to "cluster housing" for subdivisions, and to "clustered uses" for P-D

Districts.

CO-GENERATION - The conversion of one energy source such as casing head gas or

wood chips to electricity with the resulting by-product of heat, steam or hot water being used to

heat another structure or otherwise used for any productive purpose.

CODE ENFORCEMENT OFFICER – The administrative officer appointed by the Town

to enforce the provisions of this Zoning Ordinance II.

COMMERCIAL USE OR ESTABLISHMENT - An establishment engaged in buying

goods for rent, lease or resale. This definition includes all service businesses, which provide

primarily services rather than selling products, all drive-in businesses such as drive-in banks,



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restaurants, theaters, and the like where patrons enter the premises and are served in automobiles,

and small commercial establishments catering to nearby residential areas or cross-town traffic.

COMMERCIAL AMUSEMENT OR RECREATIONAL FACILITY - Any structure or

land area providing amusement, entertainment or recreation primarily for gain.

COMMERCIAL VEHICLE - A vehicle of more than one ton weight used for

construction or for the transportation of persons or goods for business purposes.

CONDOMINIUM - A building or group of buildings, in which residential, commercial

units are owned individually while the structure, common areas and facilities are owned jointly

by all the owners on a proportional basis.

CONIFER – A type of evergreen tree that includes forms with true cones (such as pines)

and others with an arillate fruit (such as yews).

CONSTRUCTION, START OF - Start of construction, or use of property, for which

purpose a permit is required, means any work on subject's property, other than grading or

clearing, that is preparatory to construction or placement thereon of a building or structure.

Included as types of commencement are digging or excavation for basement or foundation, sewer

or water system.

CONTIGUOUS PARCEL - A tract of land under the control of the same owner as

adjacent parcels which are not divided from other adjacent parcels by any natural or man-made

barriers such as existing streets and highways, public right-of-ways identified on the official map

and is not bisected by waterbodies.

CONVENIENCE/MINI-MARKET - A commercial retail use which combines the sale of

beverages, dairy and baked goods, snack foods, prepackaged grocery items and daily household

items and which may also be accompanied by the sale of motor vehicle fuel and accessory

substances for automobiles.

COUNTY - The County of Cattaraugus, New York State.

CRITICAL ROOT ZONE - A circular region measured outward from a tree trunk

representing the essential area of the roots that must be maintained in order for the tree to

survive. The minimum critical root zone is the entire area included in a tree's dripline. However,

if circumstances warrant, the Planning Board may require a larger critical root zone to be

protected during construction.

CROSS ACCESS - a driveway that interconnects the parking facilities of two or more

abutting properties. Cross access driveways provide an opportunity for vehicles to move from

one development to another without recourse to the roadway, thus reducing traffic volumes on

the road and eliminating conflicts with entering or exiting vehicles.



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DAY CARE CENTER - Any licensed building or structure operated for the purpose of

providing daytime care for two or more adults or children on a regular schedule. (See also

CHILD CARE FACILITY and ADULT CARE FACILITY).

DECIDUOUS - A plant that loses its leaves at least once during the year.

DEVELOPMENT - Any man-made change to improved or unimproved real estate

including but not limited to buildings or other structures, mining, dredging, filling, grading,

paving, excavation or drilling operations.

DEVELOPMENT AREA OR SITE, OR GROUP DEVELOPMENT - An area of land

permitted by this Ordinance II to be developed by a single owner or a group of owners acting

jointly, which may consist of a parcel or assembled parcels planned and developed as an entity.

A group development is two (2) or more structures, attached or detached, or uses which may or

may not be located on individual lots. Development areas and group developments are permitted

only in P-D Districts.

DEVELOPMENT PLAN - A comprehensive plan for a unified development including an

entire development area or site, which has been reviewed and approved by the Town Board as a

distinct Planned Development (P-D) District, established by means of a zoning amendment

under the requirements of New York State Town Law.

DEVELOPMENT, PLANNED UNIT (PUD) - The development of one or more parcels

of land as a single unit that includes a mixture of residential, commercial and/or industrial uses

and/or mixed occupancy buildings, properly planned and coordinated as distinct units and

providing certain facilities in common, such as open space, recreation, parking, resources and

others, so as to enhance the entire development. This definition includes development areas,

group developments and unified developments. A PUD may be located only in P-D Districts.

DEVELOPMENT, UNIFIED - A combination of uses and/or lots, such as residential,

commercial, institutional and/or industrial, which are permitted in Subdivisions and P-D Districts

as an integrated entity with common access points, alleys, off-street parking, loading and

stacking areas, fire lanes, open space and other facilities and features which promote the

integrated use of areas larger than an individual lot.

DISTRICT - A portion or part of the unincorporated area of the Town of Allegany within

which certain regulations and requirements or various combinations thereof apply under the

provisions of this Ordinance II. This definition includes the terms "zone" and "zoning district".

DRIPLINE - A vertical line extending from the outermost edge of the tree canopy or

shrub branch to the ground.

DUMP - A lot or land used primarily for the disposal by abandonment, burial, burning or

any other means and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded

machinery, vehicles or parts thereof, or waste materials of any kind. This definition does not



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include any recycling uses, composting yards, or sanitary landfills that must operate under state

permits.

DWELLING - A structure or portion thereof which is used exclusively for human

habitation.

DWELLING, ATTACHED - Dwelling attached to two or more one-family dwellings by

common vertical walls.

DWELLING, DETACHED - A dwelling which is not attached to any other dwelling

unit.

DWELLING, MULTIPLE - A building or portion thereof containing three (3) or more

dwelling units and designed or used for occupancy by three (3) or more families living

independently of each other.

DWELLING, SINGLE-FAMILY - A building containing one dwelling unit.

DWELLING, SINGLE-FAMILY DETACHED - A dwelling which is designed for and

occupied by not more than one family and surrounded by open space or yards and which is not

attached to any other dwelling by any means.

DWELLING, TWO-FAMILY - A building containing two dwelling units.

DWELLING UNIT - One or more rooms, designed, occupied or intended for occupancy

as separate living quarters, with cooking, sleeping and sanitary facilities provided within the

dwelling unit for the exclusive use of a single family maintaining a household.

DWELLING UNIT, AUXILIARY. - A room or group of rooms within or on the same lot

as a principal residential structure forming a semi-independent habitable unit, which may be

occupied by elderly or disabled relatives of the family occupying the principal structure, for

separate living, sleeping, cooking and/or eating purposes. If located separate from the principal

structure, an auxiliary dwelling unit shall be considered a temporary use requiring a special use

permit.

EATING AND DRINKING ESTABLISHMENT - Any establishment, licensed by the

State of New York, where food and/or beverages are prepared and sold for consumption on the

premises or for takeout, including fast food restaurants with drive-in and drive-through facilities.

ENVIRONMENTAL ASSESSMENT FORM (EAF) – A form used by an agency or

municipality to assist it in determining the environmental significance or nonsignificance of

actions, pursuant to the New York State Environmental Quality Review Act (SEQR). Model

short and long EAFs have been prepared by the NYS Department of Environmental

Conservation (DEC).



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ESSENTIAL SERVICES - The erection, construction, alteration, or maintenance by

public utilities or governmental agencies of collection, communication, transmission, distribution

or disposal systems necessary for the furnishing of adequate public service or for public health,

safety or general welfare, but not including buildings.

EVERGREEN - A plant that holds it leaves throughout the year.

EXCAVATION - Any breaking of ground, except for common household gardening and

ground care.

FACTORY-BUILT HOUSING - A factory-built structure designed for long-term

residential use. For the purposes of these regulations, factory-built housing consists of three

types: manufactured homes, mobile homes, and modular homes.

FAMILY - Any number of individuals related by blood, marriage or adoption, or not

more than four (4) individuals who are not so related, living together as a single housekeeping

unit (not including domestic servants and gratuitous guests), together with boarders, roomers or

lodgers not in excess of the number allowed by this Ordinance II as an accessory use, occupying

a premise, as distinguished from a group of people occupying a boardinghouse, lodging house,

hotel, motel or tourist home.

FARM - Any parcel of land containing at least two (2) acres which is used for financial

gain in the raising of agricultural products, livestock, poultry, dairy products and nursery stock.

It includes necessary farm structures and the storage of equipment used. It does not include the

raising of fur-bearing animals, livery or boarding stables, riding academies, and kennels. It also

excludes structures used for storage of commercial equipment not used in a farm-related business

or home occupation.

FARM RELATED BUSINESS - Activities and services carried on for financial gain and

directed at meeting the needs of those engaged in area farming and providing materials and

services needed for farming.

FENCE - An artificially constructed barrier of wood, masonry, stone, metal or any other

permitted manufactured material or combination of materials erected for the enclosure or

screening of areas of land.

FINISHED GRADE - The elevation at which the finished surface of the surrounding lot

intersects the walls or supports of a building or other structure. If the line of intersection is not

reasonably horizontal, the finished grade - in computing height of buildings and other structures

or for other purposes - shall be the average elevation of all finished grade elevations around the

periphery of the building.

FLOOD OR FLOODING - A general and temporary condition of partial or complete

inundation of normally dry land areas from:



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(a) The overflow of inland waters.

(b) The unusual and rapid accumulation or runoff of surface waters from any source.

FLOOD, BASE - The flood having a one percent (1%) chance of being equaled or

exceeded in any given year.

FLOOD HAZARD AREA - Land in the flood plain within the municipality subject to a

one percent (1%) or greater chance of flooding in any given year, known as the "100 year flood".

FLOODPLAIN - The low lands adjoining the channel of a river, stream or watercourse,

lake or other body of standing water, which have been or may be inundated by flood water. The

channel of a stream or watercourse is a part of the flood plain in accordance with the National

Flood Insurance Program (NFIP) as administered by the Federal Emergency Management

Agency (FEMA).

FLOODWAY - The channel of a river or other watercourse and the adjacent land areas

that must be reserved in order to discharge the base flood without cumulatively increasing the

water surface elevation more than a designated height, in accordance with the National Flood

Insurance Program (NFIP) as administered by the Federal Emergency Management Agency

(FEMA). Also referred to as Regulatory Floodway.

FLOOR AREA - The total, horizontal area on the ground floor of any structure as is

measured from the exterior faces of the exterior walls. This definition does not include attached

garages, breezeways, enclosed and unenclosed porches, terraces, basements and unfinished

attics.

FLOOR AREA, GROSS RETAIL- The sum of the gross horizontal areas of the several

floors of the building, or portion thereof, devoted to such use, including accessory storage areas

located within selling or working space, such as counters, racks or closets and any basement

floor area devoted to retailing activities, to the production or processing of goods, or to business

or professional offices. A private garage shall be excluded from this definition.

FLOOR, HABITABLE AREA - Any floor usable for living purposes, which includes

working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for

storage purposes is not a "habitable floor".

FUEL-BULK FACILITY - A place where gasoline, naphtha, benzene, benzol, kerosene

or other flammable liquid which has a flash point at or below two hundred degrees Fahrenheit

(closed cup tested) is stored for wholesale purposes where the aggregate capacity of all storage

tanks is more than eight thousand (8,000) gallons, regardless of whether the fuel is stored above

the ground, underground or in mobile tank cars or trucks. This definition does not include oil

and gas production facilities.



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FUNERAL HOME - A building or part thereof used for human funeral services,

including chapels, embalming, autopsies, storage of caskets, funeral urns and other related

funeral supplies, and the storage of funeral vehicles, but does not include facilities for cremation.

GARAGE, PRIVATE - A building, accessory to dwellings, used for the parking or

temporary storage of motor vehicles, boats and trailers, and incidental household belongings.

GARAGE, OR AUTOMOTIVE, REPAIR - A principal or accessory building used or

designed for repair purposes for compensation or as part of a commercial or business enterprise,

such as a service garage accessory to a gasoline station or an automobile salesroom, including

collision service, painting and steam cleaning of vehicles.

GASOLINE OR FILLING STATION - Any area 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 which may or may not include

facilities for lubricating, washing or otherwise servicing motor vehicles, but not including major

repairs, collision service or painting.

GENERAL BUSINESS OFFICE - A non-retail service-oriented office or agency such as

insurance brokers, travel agents, computer programming, consulting organizations, or similar

uses.

GOLF COURSE - Any tract of land designated for playing the game of golf and for

services related thereto.

GRADE - The term "Grade" shall mean a ground elevation established for the purpose of

regulating the number of stories and the height of the building. The building grade shall be the

level of the ground adjacent to the walls of the building if the finished grade is level. If the

ground is not entirely level, the grade shall be determined by averaging the elevation of the

ground for each face of the building.

(a) GRADE, NATURAL – Elevation of the existing surface of the land prior to

commencement of construction of any improvements proposed or previous site

disturbance.

(b) GRADE, FINISHED – The final elevation of the ground level of a site after

development.

HEALTH CLUB - Private or non-profit establishment which provide athletic, exercise,

weight control and other similar health activities on a fee or membership basis.

HEIGHT - when referring to a tower or other structure, the distance measured from the

finished grade of the parcel to the highest point on the tower or other structure, including the

base pad and any antenna. The height of a wind energy conversion system shall be measured

from natural grade to the top of the tip of the blade in the vertical position.



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HOME OCCUPATION - An accessory use which is clearly incidental to or secondary to

the principal residential use of a dwelling unit or any accessory building, does not occupy more

than twenty-five percent of the floor area in the dwelling unit or accessory building, does not

change the character thereof and is carried on wholly within the enclosed walls of the dwelling

unit or accessory building by the resident of such dwelling unit and in which not more than one

person not residing in such dwelling is employed.

HOTEL, MOTEL, INN, TOURIST HOME OR AUTO COURT - An establishment open

to the general public providing lodging accommodations designed for use by overnight transients

or travelers or temporary guests, for compensation.

INCENTIVES or BONUSES - shall mean adjustments to the permissible population

density, area, height, open space, use, or other provisions of a zoning ordinance or local law for a

specific purpose authorized by the town board.

INCENTIVE ZONING - shall mean the system by which specific incentives or bonuses

are granted, pursuant to section 261-b of NYS Town Law, on condition that specific physical,

social, or cultural benefits or amenities would inure to the community.

INDUSTRIAL/BUSINESS PARK - A planned, coordinated development of a tract of

land with two or more separate parcels or lots for industrial, business or mixed

industrial/business development. Such development is planned, designed, constructed and

managed on an integrated and coordinated basis with special attention given to site planning and

layout, attractive appearance, entrance signage, general landscaping, vehicular circulation,

service and delivery, parking, utility needs, building design and orientation, equipment storage,

refuse disposal and open space. Typically, an industrial/business park is developed or controlled

by one proprietary interest and has an enforceable master plan and/or covenants, conditions, and

restrictions.

INSPECTOR, BUILDING - The person or agency charged with the responsibility of

enforcing the New York State Uniform Fire Prevention and Building Code referred to in the

Uniform Code as the Code Enforcement official, and related, appropriate provisions of this

Ordinance II.

INSPECTOR, ZONING - The administrative officer appointed by the Town Board to

enforce the provisions of this Zoning Ordinance II, also the same as Code Enforcement Officer.

JUNK YARD/SALVAGE YARD – The lot, land or structure or part thereof used

primarily for the collection, exchange, storage, packing, disassembly and/or sale of waste, scrap

metal, scrap vehicles, paper, lumber, rags or similar materials. This definition does not include

any recycling uses, composting yards, or sanitary landfills that must operate under state permits.



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KENNEL, BOARDING - Any lot or premises on which four (4) or more domestic

animals more than four (4) months of age are housed, groomed, bred, boarded, trained or sold for

compensation.

LAND USE ACTIVITY - Any construction or other activity which changes the use or

appearance of land or a structure or the intensity of use of land or a structure. "Land use

activity" shall explicitly include, but not be limited to, the following: new structures, expansions

to existing structures, new uses, changes in or expansions to existing uses, roads, driveways and

excavations for the purpose of extracting soil or mineral deposits.

LANDSCAPING - Any combination of living plants (such as grass, ground cover,

shrubs, vines hedges, or trees) and nonliving landscape material (such as rocks, pebbles, mulch,

walls, fences, or decorative paving materials). Landscaping may include the preservation and

incorporation of existing trees and vegetation into site development.

LAW - Law, ordinance, rule or regulation of the Federal, State, County and Town

governments, as appropriate.

LOADING AND UNLOADING SPACE, OFF-STREET - An open hard-surfaced area of

land other than a street or a 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 ten feet in width, thirty-five feet in length

and fourteen feet in height, exclusive of access aisles and maneuvering space.

LODGING, BOARDING OR ROOMING HOUSE - A building in which more than three

persons individually or as families are housed, lodged or boarded with or without meals, for

compensation pursuant to previous arrangement, but not open to public or overnight guests.

LOT - A portion or parcel of land. A measured parcel of land having fixed boundaries

and designated on a plat or survey.

LOT AREA - The net area contained within lot lines, measured on a horizontal plane.

LOT, CORNER - A parcel of land having lot lines at the junction of two (2) or more

streets.

LOT COVERAGE - The area or percentage of a lot occupied by the principal building or

buildings and accessory buildings. The term "coverage" shall mean that percentage of a lot area

covered by the building area.

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

LOT LINES - Any boundary line of a lot. The front lot line shall be the right-of-way line

of the street or highway giving access to the lot. In the case of a corner lot, the owner may

designate either street lot line as the front lot line.



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LOT OF RECORD. Any lot which individually or as a part of a subdivision or a planned

unit development has been officially recorded in the office of the Clerk of Cattaraugus County.

LOT, INTERIOR - A lot other than a corner lot.

LOT, THROUGH - A lot having frontage on two parallel or approximately parallel

streets and which is not a corner lot.

LOT WIDTH - The mean horizontal distance, measured at the street right-of-way,

between the side lot lines measured within the lot boundaries at right angles to the mean lot

depth line.

MANUFACTURED HOME – A structure transportable in one or more sections which,

in the traveling mode, is 8 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 which is

designed to be used as a single family dwelling with a permanent foundation when connected to

the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems

contained therein. A "manufactured home" is manufactured according to the Federal

Manufactured Housing Construction and Safety Standards Act of 1974 (42 United States Code

Sec. 5401) and is sometimes referred to as a "HUD Code home." The term "Manufactured

Home" does not include recreational vehicles, travel trailers or modular homes.

MANUFACTURED HOME COURT - A plot or parcel of land containing two (2) or

more manufactured or mobile homes, regardless of whether the units are offered for sale or for

rental.

MANUFACTURED HOME SPACE - A plot of ground within a manufactured home

court designed for the accommodation of one manufactured or mobile home.

MANUFACTURING - The manufacture, compounding, processing, production,

assembly, storage and/or treatment of any material or product consisting of natural or man-made

resources into any other material or product, including light and heavy industrial processes and

facilities; the making of goods, articles, mechanical or electrical devices and equipment, or

chemical processes and products, of any type by hand, mechanical process or otherwise; the

operation of wholesale businesses, warehousing, bulk storage, trucking and transfer operations,

repair services for vehicles and equipment, and related accessory uses and structures. All

manufacturing permitted in any district of the Town shall comply with the performance

standards and regulations for signs, off-street parking and loading, and landscaping requirements

which are set forth in Article V of this Ordinance II, "Supplemental Regulations".

MANUFACTURING, LIGHT - Light manufacturing or light industrial uses may include

fabrication, processing, converting, altering, assembling or other handling of products from

previously prepared materials, the operation of which is conducted solely within a building or

group of buildings.



2-16

MARINA - A waterfront facility having docks, canoe launch, moorings, supplies, and/or

other facilities for small boats, including the sale or rental of boats, and maintenance services or

facilities.

MEDICAL CLINIC - A place where medical or dental care is furnished to persons on an

out-patient basis by two (2) or more physicians who have common offices in a building which

shall also offer laboratory and/or diagnostic facilities to patients on an out-patient basis and not

just in conjunction with normal professional services.

MINI STORAGE FACILITY – Any building or group of buildings on a single parcel

made of individual storage cells, which are rented or leased to and individual or business for

storage of nonhazardous materials, personal property and equipment.

MIXED OCCUPANCY BUILDING - Buildings which contain both residential and

nonresidential use. Nonresidential portions shall be classified in accordance with their

occupancy.

MOBILE HOME – A transportable, factory-built home, designed to be used as a year-

round, single family dwelling, built prior to June 15, 1976, the effective date of the Federal

Manufactured Housing Construction and Safety Standards Act of 1974. The term "Mobile

Home" does not include recreational vehicles, travel trailers or modular homes.

MODULAR HOME - Factory-built housing that is certified as meeting the New York

State Building Code. A modular home is constructed on-site from components that are

substantially made and assembled in a factory and that are delivered to a building site, removed

from their transport frame, and are assembled and installed on a permanent foundation on-site.

MORTUARY – See FUNERAL HOME

MULCH - any nonliving organic material customarily used in landscape design to retard

erosion and to retain moisture.

MUNICIPALITY, OR LOCAL GOVERNMENT - The Town of Allegany, Cattaraugus

County, New York State, also referred to in this Ordinance II as the "Town".

NEW CONSTRUCTION - Structures for which the "start of construction" commenced

on or after the effective date of this Ordinance II.

NOISE SENSITIVE PROPERTY- residences, hospitals, public libraries, schools, and

places of worship in the Town of Allegany. Property used in industrial or agricultural activities

is not Noise Sensitive Property unless it is regularly used for one of the purposes listed herein in

more than an incidental manner.



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NON-PARTICIPATING PROPERTY OWNER - an entity which has not entered into

any contractual arrangement with the applicant for a commercial Wind Energy Conversion

System (WECS) facility covering land in the Town of Allegany.

NURSERY SCHOOL - Any place, however designated, operated for the purpose of

providing both daytime care and instruction for two or more children from two to five years of

age inclusive, and operated on a regular basis, including kindergartens, day nurseries, and day

care centers.

NURSING OR CONVALESCENT HOME - Any building where persons are housed or

lodged and furnished with meals and nursing care for hire. This includes proprietary and not-for-

profit hospitals for the care of human beings, nursing homes, convalescent homes, homes for

adults, homes for the aged as the same are defined under the Public Health Law or the Social

Services Law of the State of New York.

OPEN SPACE - An area unprotected by buildings or structures from the ground upward,

except for walks, paths, landscaping or other similar features, held in public, common or other

private ownership. Yards of individual lots occupied by dwellings shall not constitute open

space.

OPEN SPACE, COMMON - A parcel or parcels of land or of water or a combination of

land and water within a development site, jointly owned, used, and maintained by two (2) or

more owners or other users if permitted by the owners of the common open space. Common

open space may contain such structures and improvements as are necessary and appropriate for

the benefit and enjoyment of persons served by such common open space.

OVERLAY DISTRICT - A district classification, such as for flood hazard areas, which is

superimposed over and is in addition to, another basic district classification. The overlay district

adds further regulations controlling structures or uses to the underlying regulations which are

established under the basic district classification.

PARKING LOT, COMMERCIAL - Any tract of privately-owned land which is used for

the storage of motor vehicles and is not accessory to any other use on the same or any other lot,

and contains parking space rented to the general public or reserved for a group of individuals by

the hour, day, week, month or year.

PARKING LOT, PRIVATE - Any tract of privately-owned land which is used for

storage of motor vehicles and is accessory to a use on the same parcel or lot or on another parcel

or lot, and contains parking spaces reserved or leased in some manner for that principal use and

not available to the general public.

PARKING LOT, PUBLIC - An off-street parking area where motor vehicles may be

stored by the general public, with or without a fee, for temporary, daily or overnight parking.



2-18

PARKING, OFF-STREET - An area or berth separated from a street with an appropriate

means of vehicular access to the street, intended for the temporary storage of vehicles.

PARKING SPACE - Space available for the parking of one motor vehicle and having an

area of not less than 200 square feet (10 x 20 feet), exclusive of passageways and driveways

giving access thereto.

PARKING STRUCTURE (GARAGE, DECK) - Any structure in which motor vehicles

may be parked or stored that is not accessory to any other use on the same lot, and contains

parking spaces rented to the general public or reserved for a group of individuals by the hour,

day, week, month or year.

PARTICIPATING PROPERTY OWNER - an entity which has entered into a lease,

easement, or other contractual arrangement with the applicant for a commercial Wind Energy

Conversion System (WECS) facility covering land in the Town of Allegany.

PERMIT, BUILDING - The permit issued by the Building Inspector authorizing the

construction of buildings or structures.

PERMIT, DEMOLITION - The permit issued by the Code Enforcement Officer

authorizing the demolition to be accomplished, provided said demolition complies with the

standards as set forth in the New York State Uniform Fire Prevention and Building Code.

PERMIT, SPECIAL USE - A permit approved by the Planning Board and issued by the

Code Enforcement Officer authorizing a special use to be implemented within a zoning district,

provided that all special use conditions pursuant to this Ordinance II for such use are complied

with and made a part of the public record.

PERMIT, TEMPORARY - A temporary approval issued by the Code Enforcement

Officer for a use that is necessary but incidental, or for special events or construction activity

conducted for specified, limited periods of time.

PERMIT, ZONING - The permit issued by the Code Enforcement Officer authorizing the

development, extension, or use of land and/or buildings.

PERSONAL SERVICE ESTABLISHMENT - A commercial operation, office, store or

other place of business catering to the personal needs of a customer, such as normally conducted

by a beautician, tailor or dressmaker, etc.

PREEXISTING TOWER AND PREEXISTING ANTENNA - any tower or antenna for

which a building permit or special use permit has been properly issued prior to the effective date

of this Ordinance II, including permitted towers or antennas that have not yet been constructed so

long as such approval is current and not expired.

PREMISES - A lot together with all the buildings and uses thereon.



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PROFESSIONAL OFFICE AND ACTIVITIES - 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; a lawyer, planner, architect, engineer, real estate broker or salesman, insurance

broker or agent. Said use may include group practices and consulting firms.

PROFESSIONAL, RESIDENT OFFICE - An accessory use of a professional service

character, conducted within a dwelling by residents thereof, which is clearly secondary to the

dwelling use for living purposes and does not change the character thereof or have any exterior

evidence of such use other than a small name plate, provided that said use is in conformance with

the following additional conditions:

(a) The area devoted to the resident professional office shall not exceed twenty-five

percent (25%) of the ground floor area of the principal structure. It may be within

the principal or accessory structure. Offensive wastes, noise, vibration, smoke,

dust, odor, light, glare and traffic congestion shall not be produced.

(b) The resident professional may have a maximum of three (3) employees, assistants

or associates, and said use does not include any group practice.

(c) Off-street parking spaces shall be provided in addition to driveways and any

private garage or parking area according to the profession involved, as is

permitted and regulated in this Ordinance II.

(d) Such use shall not include the confinement of any person under care or treatment.

PORTABLE SIGN – A sign designated or intended to be moved easily that is not

permanently embedded in the ground or affixed to a building or other structure, including but not

limited to the following signs: trailer signs (with or without wheels) menu and sandwich boards,

sidewalk or curb signs, and A-frame signs.

PUBLIC UTILITY - Any person, firm, corporation or municipal department duly

authorized to furnish under public regulation: electricity, gas, steam, telephone, fiber-optics,

transportation, water, or sewer.

QUARRY. SAND PIT, GRAVEL PIT, TOP SOIL STRIPPING - A lot or land or part

thereof used for the purpose of extracting stone, sand, gravel or top soil for sale as an industrial

operation. This definition does not include the process of grading a lot preparatory to the

construction of a building.

RECREATION USES, COMMERCIAL - Uses designed as recreational activities

operated by private businesses for profit, including privately operated amusement parks or rides,

games, miniature golf courses and similar uses.



2-20

REPAIR SHOP, PERSONAL SERVICE - A store or other place of business at which is

conducted the repair of personal customer items, such as shoes, clothing, jewelry, etc.

RESTAURANT, FAST FOOD - An establishment where food and/or beverages are sold

in a form ready for consumption and where, by design or packaging techniques, all or a

significant portion of the consumption can or does take place outside the confines of the

building.

RESTAURANT, STANDARD - Any establishment, however designated, whose primary

use is preparation and sale of food for consumption to patrons seated within an enclosed building

or on the premises. However a snack bar or refreshment stand at a public or quasi-public

community swimming pool, playground, play field or park, which is operated by an approved

sponsoring group, agency or vendor for the convenience of the patrons of the facility shall not be

deemed to be a restaurant.

RETAIL SALES AREA – See FLOOR AREA, GROSS RETAIL

RETAIL USE - Business or commercial use or activity involving primarily the sale of

merchandise or stock-in-trade to the public.

RIGHT-OF-WAY - The property under public or private ownership or easement

normally used for movement of vehicles, and or persons, including, but not restricted to, any

pavement area.

SALVAGE YARD - See JUNK YARD/SALVAGE YARD.

SATELLITE TELEVISION ANTENNA - An antenna the purpose of which is to receive

television and/or radio signals from orbiting satellites and which is located external to or attached

to the exterior of any structure.

SAWMILL – A mill or machine for sawing logs.

SEASONAL RESIDENCE/ SEASONAL DWELLING - Summer or Winter cabins,

cottages, hunting camps, farm labor housing and similar housing designed, intended and/or used

for seasonal, non-permanent residential use.

SENIOR CITIZEN HOUSING - A building or group of buildings where occupancy is

restricted to persons 55 years or older. In the case of double occupancy of a unit, only one

resident is required to be at least 55 years of age.

SETBACK - The required distance in feet from: any survey boundary forming a lot or

contiguous parcel, the right-of-way of a public street, or a distance measured from the centerline

of a private road to any building on such lot.

SHADE TREE - a hardwood tree that reaches a minimum height of 15 feet at maturity

and which provides relief from direct sunlight for at least six months of each year.



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SHOPPING CENTER/ SHOPPING PLAZA - A building or group of buildings

containing a combination of three (3) or more separate shops, stores or offices on a single lot

providing primarily retail services with supporting service and office establishments.

SHORELINE - The mean high water mark of any lake, pond, river, or permanent stream.

SHRUB - a self-supporting woody perennial plant of low stature, characterized by

multiple stems and branches growing from the base.

SIGN - Any structure or part thereof, or any device attached to a structure or painted or

represented on a structure which shall display or include any lettering, wording, model, drawing,

picture, banner, flag, insignia, device, marking, or representation used as, or which is in the

nature of, an announcement, direction or advertisement. A "sign" does not include the flag or

insignia of any nation or of any governmental agency or of any political, educational, charitable,

philanthropic, civic, professional, religious or similar organization, or of any event which is

temporary in nature.

SIGN, ADVERTISING - A sign which directs attention to a business commodity,

service or entertainment conducted, sold or offered elsewhere than on the same lot. This shall

include billboards.

SIGN AREA – The entire area defined by the frame or edge of a sign. Where there is no

geometric frame or edge of the sign, the area shall be defined by a projected, enclosed, four-

sided geometric shape which most closely parallels the outline of said sign.

SIGN, BUSINESS - A sign which directs attention to a business or profession conducted

or to products sold on the same lot. A "For Sale" sign relating to the lot on which it is displayed

should be deemed a business sign.

SIGN, FLASHING – Any moving or animated sign or any illuminated sign on which

artificial or reflected light is not maintained stationary and constant in intensity and color at all

times when in use. Any revolving illuminated sign shall be considered a “flashing sign”.

SIGN, ILLUMINATED – Any sign designed to give forth any artificial light, or designed

to reflect light from any natural or artificial sources.

SIGN, IDENTIFICATION OR PROFESSIONAL - A sign showing the name and

profession, occupation or pursuit conducted on the premises.

SITE PLAN - Maps and supporting information required under Article IX of this

Ordinance II.

SPECIALIZED ANIMAL MEDICAL TREATMENT - Any animal hospital or clinic,

and veterinary offices. This definition does not include the raising and long-term care of

animals.



2-22

SPECIALIZED ANIMAL RAISING AND CARE - The use of land and/or buildings for

the raising and care of rabbits, dogs, birds, or other domestic animals of a similar nature. This

definition does not include animal hospitals, clinics or veterinary offices.

STAND, ROADSIDE - A structure for the display and sale of farm and related produce.

STORY - The 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, then the space between the floor

and the ceiling next above it.

STREET - A public or private way which affords the principal means of access to

abutting properties by vehicles and pedestrians, including the entire area within the right-of-way.

The term includes those ways as shown on plats filed in the office of the Clerk of Cattaraugus

County, whether improved or not, as well as the following types of street capacities:

(a) Local Street - Provides for direct access to abutting land and for local traffic

movements. Local streets are the internal part of the Town's street system to

provide movement within residential areas or to other land use areas. Low

volume, low speed.

(b) Collector Street - Provides for traffic movement between major arterials and local

streets, and provides direct access to abutting property.

(c) Arterial Street - Provides for the through traffic movement between areas and

across the Town with direct access to collector streets and local streets. Arterial

streets are subject to necessary measures to control entrances, exits and curb use

and other devices to allow through traffic while protecting low volume, low speed

streets from danger or congestion caused by high volume, high speed traffic.

(d) Expressway - A divided arterial highway for through traffic to which access from

the abutting properties is prohibited and all street crossings are made by grade-

separated intersections or overpasses. High volume, high speed.

STREET GRADE - The elevation of the street as measured at its crown.

STREET LINE - The right-of-way line, or dividing line, separating a lot from a street. In

any case where a future street line has been established or approved by the Town, County or

State, such future street line shall be considered as a street line for the purposes of determining

lot area and setback requirements.

STREET, PRIVATE - A drive that services or is designed to serve more than one

principal use and is built to Town specifications and which remains in the ownership of and is

maintained by the developer or development association and is not dedicated to the Town.



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STREET RIGHT-OF-WAY - Land set aside for use as a street.

STRUCTURE - Anything constructed or erected, the use of which requires location on

the ground or attachment to something having location on the ground.

STRUCTURE, ACCESSORY - A subordinate structure located on the same lot with the

principal structure, and which is clearly incidental and subordinate to the principal use or

structure. Where an accessory structure is attached to the principal structure in a substantial

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

STRUCTURE, MAJOR - Anything constructed or erected requiring more than thirty-five

(35) square feet of floor area, located on the ground or attached to something having location on

the ground.

STRUCTURE, PRINCIPAL - The main structure on a lot as is distinguished from a

subordinate or accessory structure on the same lot.

STUB STREET – a nonpermanent dead-end street intended to be extended in conjunction

with the subdivision and/or development of adjacent land.

SUBDIVISION - The division of any tract of land into three or more lots or other

division of land by deed, land contract or other conveyance for the purpose, whether immediate

or future, for transfer of ownership or building development within a three (3) year period.

SUBDIVISION, MAJOR – Any tract of land which is divided into five or more parcels

along an existing or proposed street(s), highway(s), easement(s) or rights(s)-of-way for sale or

for rent as residential lots or residential building plots, regardless of whether the lots or plots to

be sold or offered for sale, or leased for any period of time and regardless of whether the lots or

plots are contiguous. Any tract of land shall constitute a subdivision upon the sale, rental or

offer for sale or lease of the fifth residential lot or residential building plot therefrom within any

consecutive three year period.

SUBDIVISION, MINOR – Any tract of land which is (a) divided into at least three (3)

parcels but no more than four (4) parcels when all parcels are five (5) acres or less or (b) divided

into three (3) or more parcels with at least one (1) parcel of more than five (5) acres.

SUBDIVISION CONTROL - Local government has the authority to adopt rules and

regulations for subdivision design and to review proposed subdivisions for conformance to them.

SUBDIVISION PLAT - A document of a piece of ground to be developed and/or

subdivided; a plan, map or chart of a piece of land with actual or proposed features, such as for

subdivisions and unified development areas.

SWIMMING POOL, PRIVATE - Any body of water, or receptacle for water, and its

incidental apparatus and equipment, located on a lot as a permanent or temporary accessory use



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to a residence and maintained by an owner for the sole use of his household and guests, without

charge or purpose of profit, for swimming, wading or bathing, including outdoor hot-tubs and

spas.

SWIMMING POOL, PUBLIC - Any body of water, or receptacle for water, and its

incidental apparatus and equipment, located as a permanent or temporary or accessory use to a

commercial establishment and maintained by the owners thereof for use in conjunction with said

commercial establishment for swimming, wading or bathing, including hot-tubs and spas.

TAVERN or BAR – A commercial establishment serving alcoholic beverages in which

the principal business is the sale of such beverages at retail for consumption on the premises.

TELECOMMUNICATIONS ACCESSORY STRUCTURE – 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.

TELECOMMUNICATIONS FACILITIES – Towers and/or antennas and accessory

structures together used in connection with the provision of cellular telephone service, personal

communications services, paging services, radio and television broadcast services, and similar

broadcast services.

TIMBER USES - Trees harvested from wooded areas which are suitable for use in

building, carpentry or other human manufacturing or construction endeavors.

TOPSOIL - A surface layer of the soil containing more or less organic matter to a depth

usually plowed in cultivation. The "A" horizon of the soil solum.

TOWER - any structure that is designed and constructed primarily for the purpose of

supporting one or more antennas for telephone, radio and similar communication purposes,

including self-supporting lattice towers, guyed towers, or monopole towers. The term includes

radio and television transmission towers, microwave towers, common-carrier towers, cellular

telephone towers, alternative tower structures, and the like. The term includes the structure and

any support thereto.

TOWN HOUSE - A building or dwelling designed for or occupied by no more than one

(1) family and attached to other similar buildings or dwellings by not more than two (2) common

walls extending from the foundation to the roof and providing two (2) direct means of access

from the outside.

TRAILER - A vehicle, other than a mobile home, used as sleeping or living quarters,

whether self-propelled or towed, or a camper body mounted on a motor vehicle. A trailer shall

include any vehicle towed or used for carrying any goods, material, equipment, or machinery;

and recreation vehicles.



2-25

TREE - a self supporting woody plant normally growing to a mature height of at least 15

feet.

TRUCKING TERMINAL - A building or part of a building or premises for the storage

and/or transfer of goods, wares and merchandise for the owner or others by truck transport.

TRUCK STOP - A commercial service facility that services over the road type trucks and

vehicles and customarily provides services such as, but not limited to, fuel, restaurant facilities,

shopping, shower facilities and parking facilities for prolonged periods for the drivers of said

vehicles.

USE - 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, let or leased.

USE, ACCESSORY - A use which is incidental and subordinate to the principal use of

the property, located on the same lot.

USE, NONCONFORMING - A building, structure or use of land existing at the time of

enactment of this Ordinance II and which does not conform to the regulations of the district or

zone in which it is located.

USE, PERMITTED (OR USE OF RIGHT) - A land use allowed under the regulations of

this Ordinance II for the district in which it is located. The term "permitted use" or its equivalent

shall not be interpreted to include any nonconforming use.

USE, PRINCIPAL - The main use of land as is distinguished from a subordinate or

accessory use on the same lot.

USE, PUBLIC - Public parks, schools and administrative, cultural and service buildings.

USE, SEMIPUBLIC - Churches, nursery schools and child care centers, parochial

schools, colleges, libraries, museums, medical centers, hospitals and other institutions of an

educational, religious, charitable or philanthropic nature.

USE, SPECIAL - A use of land or buildings which because of its unique characteristics

requires individual consideration in each case by the Town Planning Board before it may be

permitted in any district pursuant in this Ordinance II, and which requires the approval of a

Special Use Permit by the Planning Board and issued by the Code Enforcement Officer.

USE, TEMPORARY - An activity conducted for a specified, limited period of time, and

which requires the issuance of a Temporary Permit by the Code Enforcement Officer.

USE, WATER DEPENDENT OR WATER ENHANCED - Water dependent uses are

land uses, structures and/or economic activities that would not exist without a waterfront



2-26

location; water enhanced uses are land uses that receive added value or importance because of

proximity to a shoreline.

VEHICLE SALES AREA - A premises, including open areas, other than a street or way,

and enclosed showrooms for the display and sale of new or used automobiles, trucks, trailers,

motorcycles, boats, and/or recreational vehicles.

VARIANCE, AREA – shall mean the authorization by the ZBA for the use of land for a

purpose which is not allowed by the dimensional or physical requirements of the applicable

zoning regulations.

VARIANCE, USE – shall mean the authorization by the ZBA for the use of land for a

purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations.

VEHICLE GRAVEYARD – An area of land primarily used for storage of two (2) or

more inoperable vehicles and/or the dismantling or demolition of the vehicles and parts thereof.

WIND ENERGY CONVERSION SYSTEM (WECS) – Any mechanism designed for the

purpose of converting wind energy into electrical energy. A WECS may include one or more

wind turbines, towers, associated control or conversion electronics, transformers, and/or other

maintenance or control facilities or other component used in the system. A WECS may be either

a Commercial Wind Energy Conversion System or a Non-Commercial Wind Energy Conversion

System.

(a) COMMERCIAL WIND ENERGY CONVERSION SYSTEM - A wind energy

conversion system that is intended solely to generate electrical power for sale to

the power grid.

(b) NON-COMMERCIAL WIND ENERGY SYSTEM - A wind energy conversion

system that is incidental and subordinate to another use on the same parcel and

that supplies electrical power solely for on-site use, except that when a parcel on

which a noncommercial WECS is installed also receives electrical power supplied

by a utility company, excess electrical power generated by the noncommercial

WECS and not presently needed for on-site use may be used by the utility

company in exchange for a reduction in the cost of electrical power supplied by

that company to the parcel for on-site use, as long as no net revenue is produced

by such excess electrical power.

YARD - An unoccupied space, open to the sky, on the same lot with a building or

structure.

YARD, FRONT - An open, unoccupied space, extending the full lot width between the

front lot line and the building.



2-27

YARD, REAR - A yard extending across the full lot width and lying between the rear

line of the lot and nearest line of the principal building.

YARD, REQUIRED - The minimum yard required between a lot line and building line or

line of any parking, loading and stacking area and any other use requiring a yard in order to

comply with the zoning regulations of the district in which the zoning lot is located; open and

unprotected from the ground upward, except for walks, landscaping, or other yard and site

features as permitted in this Ordinance II.

YARD, SIDE - An open space extending from the front yard to the rear yard and of a

width established by this Ordinance II. The width of a side yard shall be measured at right

angles to its side lot lines.

WAREHOUSE - A building or premises, for storing of goods, wares and merchandise,

whether for the owner or for others, whether publicly or privately owned or used.

WHOLESALE (STORE, BUSINESS, ESTABLISHMENT) - A business establishment

engaged in selling to retailers or jobbers rather than directly to consumers.

ZONING MAP - The map or maps incorporated into this Ordinance II as a part hereof,

designating zoning districts, with boundary lines and symbols depicted thereon; the official

Zoning Map for the Town of Allegany, Cattaraugus County, New York.

ZOO, PETTING – A collection of tame farm or domestic animals, but not including wild

animals, which is so arranged for public display that human visitors have an opportunity to

approach and pet them under supervised conditions.

article ii. rules and definitions. ii. rules and definitions.pdf(a) words used in the present tense...

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