Definitions. When used in this chapter, unless otherwise expressly stated, the following words and terms shall have the meanings indicated:
ACCESSORY BUILDINGA subordinate building located on the same lot with the main building, occupied by or devoted to a use which is customarily incidental to the principal use; where an accessory building is attached to the main building in a substantial manner, as by a wall or roof, such accessory building shall be considered part of the main building.
ACCESSORY USEA use customarily incidental and subordinate to the principal use and conducted on the same lot therewith.
AGRIBUSINESS OPERATIONAny business that supplies farms and agricultural operations with needed supplies, implements and other products.
AGRICULTURAL OPERATIONThe raising for compensation of crops, livestock and agricultural or dairy products, fish or game, and the structures and storage incidental thereto. The term includes plant, crop and tree growing and harvesting, animal husbandry, horticulture, forestry, fish for bait or harvest. The term does not include the operation of a hog or fur farm.
AGRICULTURAL PROCESSING PLANTA large scale commercial or industrial operation for the processing of animal products such as a slaughterhouse or dairy processing facility, or a large scale facility for the processing of wheats or grains for wholesale distribution. The term does not include farm winery, farm distillery, farm brewery or farm cidery.
AGRICULTURAL USEThe raising of fruits, vegetables and the like for sale and the structures incidental thereto, inclusive of horses for hobby purposes only—not for commercial equine endeavors.
ALTERTo alter, change or rearrange any structural part of the existing facilities of a building or structure, or to enlarge the building or structure whether by extending any side or increasing the height thereof, or to move the same from one location or position to another.
AMUSEMENT AND RECREATIONAL FACILITIESAny indoor place or enclosure in which is maintained or operated for the amusement, patronage or recreation of the public. An amusement center may include indoor commercial shooting ranges and indoor theaters.
ANIMAL CARE FACILITYA structure, stable, veterinary facility or similar uses orientated to the care or harboring of animals, whether commercial or not-for-profit.
ANTENNAA system of electrical conductors that transmit or receive radio frequency waves.
AREA(1) LOT AREAThe total area contained within the property lines of an individual parcel of land.
(2) BUILDING AREAThe total of areas taken on a horizontal plane at the main grade level of the building in question exclusive of uncovered decks, porches, patios, terraces and steps.
(3) HEIGHTThe vertical distance to the highest point of the roof measured from the average level of the finished ground surface at the exterior walls of the building. Chimneys, elevator penthouses, ventilators and similar projections shall not be included in the measurement providing that such projection does not occupy more than 10% of the roof area nor exceed 10 feet in height.
(4) COVERAGEThat percentage of the lot area covered by the building or buildings in question.
AUTOMOBILE SERVICE STATIONA building or place of business where gasoline, diesel fuel, oil, lubricants, batteries, tires and/or automotive accessories are supplied and dispensed directly at retail or where minor repair service, lubrication, washing or polishing is rendered.
BED-AND-BREAKFASTAn owner-occupied one-family dwelling used for providing overnight accommodations and a morning meal to not more than 10 transient lodgers containing one but not more than five rental bedrooms for such lodgers.
BOATHOUSE, MULTIPLE USEA private boathouse that includes guest quarters (i.e., areas for sleeping to include bathroom facilities which conform to New York State code but specifically excluding kitchen facilities), decks, gazebos and similar uses. Multiple use boathouses and guest quarters are for private use only. The intent of this definition is to allow reasonable use of a water-related structure but to prohibit a second dwelling on a single lot.
BOATHOUSE, PRIVATEA building, accessory to a dwelling, containing not more than three slips, used exclusively for the noncommercial docking or storage of motorboats, sailboats and other similar vessels.
BUFFER AREAA designated area used to screen adjoining properties.
BUILDINGAny structure having a roof supported by columns or by walls which is used or intended for use for the shelter, housing, protection or enclosure of persons, animals or tangible property. The term, unless differentiated, includes both principal and accessory buildings.
BUILDING LINEThe line determined by that portion of the structure that is the furthest projecting point that is nearest to the lot line. Such installations shall include cornices, chimneys, eaves, carports, garages, decks, porches, breezeways, covered patios, terraces, open areaways, roof overhangs and other similar protrusions.
BUILDING PERMITA permit issued by the Town of Clayton Building Code Office pursuant to the New York State Uniform Fire Prevention and Building Code and the New York State Department of Health.
BUILDING, PRINCIPALA structure in which is conducted the main, dominant or principal use of the lot on which such structure is located.
BUNKHOUSEA structure that contains guest quarters for sleeping that may include bathroom facilities but specifically excluding kitchen facilities.
BUSA large multipassenger motor coach or omnibus used for the regular conveyance of persons by road.
CAMPGROUND, COMMERCIALA property providing two or more sites for the parking of occupied recreational vehicles, the erection of tents or other places of temporary abode, as defined by the New York State Sanitary Code, and all building and facilities pertaining thereto.
CAMPING UNITA tent, camping cabin, recreational vehicle or other type of portable shelter intended, designed or used for temporary human occupancy.
CAMPSITEA portion of a campground, with or without connections to water supply, electrical service or sewage systems, used by one camping unit.
CARPORTA roofed structure, with or without enclosing walls, used for the storage of one or more automobiles.
CLUBHOUSEA building to house a group of people formally organized for a common interest, usually cultural, religious or entertainment, with regular meetings and formal written membership requirements and which is not adjunct to or operated by or in connection with a public tavern, bar cafe or other public place.
COMMUNITY OR GOVERNMENTAL FACILITYA building or use that is operated by a not-for-profit or governmental unit for the general well-being, health, safety, welfare and enjoyment of the public.
CONDOMINIUMA multifamily dwelling in which the dwelling unit are individually owned, not rented, as in an apartment building.
CONTIGUOUSFor the purposes of this chapter, when parcels of land are within a distance of 500 feet of each other.
CONVERSIONThe changing of use or occupancy of a building, structure or land.
COTTAGE COLONIESAn aggregation of two or more cottages used for commercial rental.
DANGEROUS USEThe manufacture, bulk storage or handling of explosives, illuminating gases, lethal or toxic chemicals or other explosive, combustible, flammable, lethal or toxic substances in such quantities or in such manner that may or does endanger the public safety. The term does not include the operation of a retail gasoline station.
DECKAny outside, uncovered, aboveground platform six inches or higher used as a floor.
DWELLINGA building designed or used primarily as living quarters for one or more families. The term shall not be deemed to include tents, travel trailers, recreational vehicles or other places of temporary abode.
(1) DWELLING, SINGLE-FAMILYA detached building, designed for or occupied exclusively by one family and containing not more than one dwelling unit having a minimum of 720 square feet of floor area at ground level exclusive of garages, porches and other similar accessory attachments.
(3) DWELLING, MULTIFAMILYA building or portion thereof containing three or more dwelling units and designed or used for occupancy by three or more families living independently of each other.
DWELLING UNITAny building or portion thereof providing complete living facilities for one family.
ERECTTo construct, build, re-erect, reconstruct, rebuild or excavate for a building or structure.
FAMILYOne or more persons living together as a single housekeeping unit.
FARMAny parcel of land containing not less than 10 acres that is used for gain in raising agricultural products, livestock, poultry or dairy products. It includes necessary farm structures, including those for the storage of farm equipment. It excludes the raising of fur-bearing animals, hog farming, riding academies, livery or boarding stables and dog kennels.
FARM WINERY/DISTILLERY/BREWERY/CIDERYAn agricultural operation for the growing of grapes, apples or other crops such as grains and berries, and the preparation, processing, marketing, and distribution of wine, beer or other alcoholic beverages and ciders, in addition to all uses that are permitted by the Farm Winery Act of 1976 or the New York Craft Act of 2014.
FLEA MARKETA lot, or any portion thereof, designed, arranged or used for the permanent outdoor/indoor display and/or sale at retail of assorted goods, offered by the property owner and/or his lessee(s).
FOUNDATIONA wall or pier having a fixed location on the ground and capable of serving as a support for a structure or structural part of a building, such as a wall, pier or column.
FRONT YARDThe yard between the front building line and the front lot line and extending the full width of the lot.
FUR FARMAny lot or building or portion thereof used or occupied for raising or keeping for compensation of rabbits, foxes, minks, chinchillas, skunks or other fur-bearing animals.
GARAGE, COMMERCIALA building or premises designed or used for the storage, repair and/or servicing of motor vehicles for hire.
GARAGE, PRIVATEA building containing not more than three stalls or bays, used exclusively for the noncommercial parking or storage of motor vehicles, boats, trailers, or household goods.
GARAGE SALEIncludes all general sales, open to the public, for the purpose of disposing of personal property, including but not limited to garage, lawn, yard, attic, porch, rummage, or like sales. This does not include merchandise that was purchased for resale or obtained on consignment.
GASOLINE SERVICE STATIONAny lot or building or portion thereof used or occupied for the sale or supply of gasoline or motor vehicle fuels, oils, lubricants, or for the polishing, greasing, washing or servicing of motor vehicles.
GREENHOUSEA building made mainly of translucent, weather-resistant material, in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants for commercial use.
HIGH WATER MARKThat point on the shoreline of the St. Lawrence River or its tributary waterways reached by the highest historically recorded water level of said river, established by chart datum of the United States Army Corps of Engineers and determined by the sloping surface of said river with Lake Ontario at a level of 248.58 (243.28 + 5.30) feet above mean sea level at Father Point, Quebec (International Great Lakes Datum, 1985).
HOG FARMA commercial operation having more than 15 resident pigs three months of age or older.
HOME OCCUPATIONAn accessory use of a service character customarily conducted entirely within a dwelling and/or appurtenant structures by the residents thereof, which is clearly secondary to the use of the dwelling for living purposes and does not change the character thereof or have any exterior evidence of such secondary use other than an approved small sign and the parking spaces associated therewith.
HOSPITALAny hospital, sanatorium or other institution used or occupied for the care of persons mentally or physically ill, incapacitated or disabled. The term includes nursing and convalescent homes.
HOTEL, MOTEL AND RESORTSA building or group of buildings, whether in detached or connected units, with or without direct outside access, used primarily to provide sleeping accommodations, with or without restaurant facilities, for the transient public and including accessory off-street parking facilities and/or docking.
INDUSTRIAL OPERATION, HEAVY (HEAVY INDUSTRY)A use engaged in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials or a use engaged in storage of or manufacturing processes using flammable or explosive materials or storage or manufacturing processes that potentially involve hazardous or commonly recognized offense conditions.
INDUSTRIAL OPERATION, LIGHT (LIGHT INDUSTRY)A use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales and distribution of such products, but exclusive of basic industrial processing and storage of flammable or toxic materials. "Light industry" is also exclusive of uses that require heavy, noisy or otherwise objectionable disturbances, such as vibration, dust and odors.
INDUSTRIAL USEA use consisting of either heavy industry or light industry.
INNAn establishment which provides not more than 16 rooms for hire for overnight accommodations within a single building.
INSTRUMENTAny structure attachment intended to measure atmospheric conditions, take photographs, antennas, or similar uses with minimal moving parts.
JUNKYARD/SALVAGE YARDA lot, land or structure, or portion thereof, used primarily for the collecting, storage and sale of wastepaper, rags, scrap metal or other scrap or discarded material, or for the collecting, dismantling, storage and salvaging of machinery, implements or vehicles not in running condition, and for the sale of parts thereof. Not to include an establishment devoted solely to receiving recyclable cans and bottles or one for recycling electronic equipment.
KENNELAny commercial establishment, including cages, animal runs and structures where animals are harbored, bred or boarded.
LANDFILL AND/OR DUMPA lot or portion thereof used primarily for disposal by abandonment, dumping, burial, burning or any other means, and for whatever purpose, of garbage, offal, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or waste material of any kind.
LAUNDROMATBusiness premises equipped with individual clothes washing and drying machines for the use of retail customers, exclusive of laundry facilities provided as an accessory use in an apartment house or hotel.
LEAD AGENCYThe governmental agency that oversees the environmental impact process and makes final decisions.
LOTA parcel of land used or occupied or capable of being used or occupied by one or more buildings or structures and the accessory buildings, structures or uses customarily incidental to it, including such yards and open spaces as required by this chapter.
LOT COVERAGEThe percentage of the total lot area that is occupied by the ground area of a building and its accessory buildings, if any.
LOT DEPTHThe mean horizontal distance between the front and rear lot lines, measured in the direction of the side lot lines.
LOT LINEAny boundary of a lot dividing one lot from another, or from the street or roadway, or from the St. Lawrence River or other waterway.
(1) LOT LINE, FRONTThe lot line adjoining any street line or road right-of-way line or waterfront property line at the high water mark. Where a lot adjoins two or more streets or roadways, it shall be deemed to have a front lot line respectively on each.
(3) LOT LINE, SIDEAny lot line other than the front or rear lot lines shall be deemed a side line.
LOT OF RECORDAny lot which, individually by way of a deed or as part of a subdivision, has been recorded in the office of the Jefferson County Clerk, or which is the subject of a valid and legally executed contract for land purchase, said recording or contract execution having taken place prior to the adoption of this chapter; provided, further, that said lot, whether created by deed, subdivision or land contract, was in conformance with all legal requirements in effect at the time of its creation.
LOT WIDTHThe distance between the boundaries of a lot measured at their points of intersection with the street or road right-of-way line and/or at their points of intersection with the property line along the waterfront.
MARINAAny lot, building, structure, pier, dock or portion thereof located on the waterfront providing facilities for the sale, rental, docking, secure mooring and/or storage of yachts, cruisers, motorboats, sailboats and other vessels, as well as supplies, service, fueling, repair and other related facilities and/or operations necessary to maintain such craft.
MARINE MANUFACTURINGThe fabrication of goods or articles that are directly related to a water-dependent use.
MEDICAL FACILITYAny building or group of buildings used or intended to be used for the health care of individuals.
MOBILE HOMEA residential structure containing at least 480 square feet of interior living space, factory-produced on a steel undercarriage with the necessary wheel assembly for transportation to a permanent or semipermanent site. The wheel assembly can be removed when placed on a permanent foundation, but the steel undercarriage remains as a necessary structural component.
MOBILE HOME PARKAny lot on which two or more mobile homes are located regardless of whether or not a charge is made for such lot accommodations.
MODULAR HOMEA dwelling, factory produced for transportation to a permanent site. The entire structure will be produced and assembled according to New York State standards for modular homes. The intent of this definition is to allow installation of modular homes constructed to standards equal to those required on site built dwelling.
MOTOR VEHICLES, INOPERATIVEAny motor vehicle not on the premises of a licensed dealer which is unregistered for a period of six successive months or longer. As related to agricultural and other special uses, any motor vehicle incapable of motion under its own power and/or no longer in condition for legal use.
NONCONFORMING BUILDING OR STRUCTUREA building or structure the size, dimension or location of which was lawful prior to the adoption or amendment of this chapter but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment.
NONCONFORMING USEA use of land, building or structure lawfully existing at the time of enactment or amendment of this chapter which does not conform to the regulations of the district or districts in which it is located by reason of such adoption or amendment.
NOXIOUS USEAny use that is noxious, offensive or injurious by reason of the emission of dust, smoke, refuse matter, odor, gas, fumes, noise or vibration. The term includes the operation of a fur farm, hog farm, rendering works or slaughterhouse.
NURSERY SCHOOLA facility duly licensed or approved by the New York State Department of Education for the daytime accommodation and/or instruction of two or more children under the age of six years.
NURSING OR CONVALESCENT HOMEA building other than a hospital where persons, except for the mentally ill, mentally handicapped and/or drug or alcohol abuse patients, are lodged, furnished with meals and nursing or custodial care for payment or compensation.
OVERLAY DISTRICTA zoning district that encompasses one or more underlying zoning districts and that imposes additional requirements above that required by the underlying zoning district.
PARCELThat portion of land falling under a single deed of ownership. If a parcel is dissected by a roadway, stream or other man-made or natural feature(s) it is still deemed to be one parcel.
PARKING SPACEAn off-street space available for parking of one motor vehicle and having an area of at least 200 square feet with a minimum of 10 feet wide, exclusive of passageways and having direct access to a street or highway.
PATIOAn uncovered area adjacent to a house for outdoor lounging, dining or entertainment.
PICNIC SHELTERA covered structure, completely or partially open on at least three sides, for the seasonal serving and consumption of food and beverages.
PLACE OF PUBLIC ACCOMMODATIONAn establishment either affecting interstate commerce or supported by state action, and falling into one of the following categories:
(1) A lodging for transient guests located within a building with more than five rooms for rent;
(2) A facility principally engaged in selling food for consumption on the premises, including such facilities located within retail establishments and gasoline stations;
(3) Any place of exhibition or entertainment;
(4) Any establishment located within an establishment falling into one of the first three categories, and which holds itself out as serving patrons of that establishment; or
(5) Any establishment that contains a covered establishment, and which holds itself out as serving patrons of that covered establishment.
PORCHA covered entrance to a building, usually projecting from the wall and having a separate roof.
PRESCHOOLEarly childhood educational facility specializing in children age three through five years of age or until eligible for kindergarten.
PROFESSIONAL OFFICEThe business place of an accountant, architect, attorney, chiropractor, dentist, engineer, optometrist, physician, psychologist, social worker, surgeon or surveyor or any other professional.
PROFESSIONAL OFFICE IN PLACE OF ABODEThe business place of a duly licensed accountant, architect, attorney, chiropractor, dentist, engineer, optometrist, physician, psychologist, social worker, surgeon, surveyor or other like professional employing no more than one employee, conducted as an accessory use entirely within a dwelling by the resident(s) thereof, which is clearly secondary to the use of the dwelling for living purposes, and does not change the character thereof or have any exterior evidence of such secondary use other than an approved small sign and the parking spaces associated herewith.
PUBLIC ACCESSIBLE PLACEAny land or structure that is open to the general public, such as a public road, park, public school, recreation area, conservation area, or place of public accommodation such as a restaurant or hotel, excluding private retail and service businesses, offices, and other private property which is open to the public.
PUBLIC UTILITYA private business, often a monopoly, which provides services so essential to the public interest as to enjoy certain privileges such as eminent domain and be subject to such governmental regulation as fixing of rates, and standards of service. Characteristics of the public utility include:
(1) Operation under a franchise, subject to some measure of public regulation;
(2) The product of the utility must be piped, wired, or otherwise served to each user;
(3) The supply must be maintained at a constant level to meet minute-by-minute need;
(4) The user has no alternative source; and
(5) The supplier commonly has no alternative means of delivery.
PUMP HOUSEA small building or structure, no more than 100 square feet in gross floor area designed to shelter or house the necessary pump(s) and equipment for pumping water for private domestic household use only.
QUARRY, SAND PIT, GRAVEL PIT AND TOPSOIL STRIPPINGA plot of land or any portion thereof used for the purpose of extracting quantities of stone, sand, gravel, clay or topsoil, as defined under New York State
Environmental Conservation Law, exclusive of the process of preparing a lot prior to the construction of a building or structure thereon or of grading the site following completion of construction.
RECREATIONAL FACILITYA publicly, quasi-publicly or privately owned and operated swimming pool, defined space, tennis court, athletic field, playground or other similar facility, operated for the general public or members of a private organization such as a country club.
RECREATIONAL VEHICLESA vehicular camping unit primarily designed as temporary living quarters for recreational, camping, travel or seasonal use that either has its own motive power or is mounted on or towed by another vehicle. Recreational vehicles include, but are not limited to, camping trailers, fifth-wheel trailers, motor homes, park trailers, travel trailers, and truck campers.
RESTAURANT/BARA building or portion thereof where food and beverages, whether or not alcoholic, are sold to the public.
RESTAURANT, DRIVE-INPremises constructed to cater primarily to the motoring public whether or not serving pedestrians as well as the automobile trade, and used for sale to the public of any food, beverage or other consumable and providing curb and/or inside seating service.
RIGHT-OF-WAYAn area of land dedicated to infrastructure, including, but not limited to, streets, sewer lines, water lines, electric lines and gas lines.
SELF-STORAGE FACILITYA building or group of buildings containing separate, individual, and private storage spaces of varying sizes available for lease or rent for varying periods of time.
SETBACKThe horizontal distance from the lot line to that portion of a building or structure, or any appurtenance thereto, that is nearest to such lot line.
SHOALS AND SMALL ISLANDSAny landmass in the St. Lawrence River or its tributary waterways with less than one acre in area above the high water mark.
SHOPPING CENTERA group of stores, shops and similar commercial establishments occupying adjoining structures or adjoining portions of a single architectural unit that is planned, developed, owned and managed as an operating unit, together with its related loading areas, parking spaces, walkways and access roadways.
SIGNAny kind of billboard, signboard, pennant or other shape, device or display used as an advertisement, announcement or direction. Such a device may be incorporated on a building surface, attached thereto or freestanding.
SIGN, FREESTANDINGAny sign supported by its own base(s) or hung from above in cantilever fashion from a building.
SMALL COMMERCIAL ENTERPRISEA business intended to sell and trade retail goods, products or services to residents of the immediate community. Such enterprises shall include grocery stores, boat storage operations, small implement dealers, small manufacturing operations, restaurants, beauty parlors and barber shops and similar businesses but shall not include industrial or machine and welding shops.
SMALL MANUFACTURING OPERATIONA business intended to manufacture items for sale or trade. The operation shall occupy a building area on no more than 2,000 square feet nor employ no more than two employees.
SMALL TOWN ATMOSPHEREThe ability of a group of people, in a defined area, with varied backgrounds and social status, to coexist in harmony and with respect for their neighbor's beliefs and desires. This would include the respect for neighboring property and the owner's stewardship of it.
SMOKESTACKCommercial- or industrial-scale smoke, exhaust or other gaseous waste chimney, associated with an incinerator, power generation plant, or other large-scale combustion source.
STORAGE BUILDING, SMALLA structure of 150 square feet or less in area that is used to house tools, implements and other material for yard and garden use.
STREET LINEThe dividing line between the street or road right-of-way and the lot. The street line shall be the same as the legal right-of-way.
STRUCTUREAnything constructed, erected or moved onto a site, the use of which requires location on the ground, or attachment to something having location on the ground. The term includes buildings, dwelling units, swimming pools, stadiums, towers, billboards, signs, freestanding antennas and flagpoles, but is not intended to include sidewalks, driveways, curbs, fences or hedges.
STRUCTURE HEIGHTThe height of the tall structure above the average grade at the base, inclusive of instruments and wind turbine blades at their highest elevation.
STRUCTURE, STATICAny structure with all attached instruments having no moving parts more than one meter in diameter.
STRUCTURE, TALLAny structure taller than generally permitted within a zoning district.
SWIMMING POOLAny fabricated receptacle for water, or excavation designed to contain water having a depth at any point greater than two feet, used or intended to be used for swimming or bathing, and constructed, installed or maintained in or above ground outside any building.
TELECOMMUNICATION FACILITYAny commercial equipment used in connection with the provision of wireless communication services, including cellular telephone service, personal communications services, radio and television broadcast communications and private radio communications services that are regulated by federal laws. A telecommunication facility shall include towers and other structures, including supporting masts and wires, on which transmitting and/or receiving antenna(s) are located as well as antenna and accessory facilities such as transmission equipment and storage buildings.
THEATER, DRIVE-INAn open lot or portion thereof, with its appurtenant facilities, devoted primarily to the showing of motion pictures or theatrical productions on a paid admission basis, to patrons seated in automobiles or on outdoor seats.
TOURIST ACCOMMODATIONSAny permanent building or part thereof that is used or occupied for overnight accommodations of transient guests for compensation. The term includes bed-and-breakfast, tourist homes, tourist cabins, hotels, auto courts and motels but does not include camps or campgrounds.
TRAILS, MULTI-USETrails used for hiking, jogging, biking, skiing, walking, all-terrain vehicles, snowmobiles and other similar recreational uses and located on property dedicated to such uses and open to the public. Lot size and setbacks shall not apply to such trails.
TRUCKING TERMINALAny lot, building, structure or portion thereof where two or more tractor trailers or similar large trucks are parked or located for any period of time as a base of operation, regardless of whether said vehicles are serviced or maintained at the site, and regardless of whether loading, transferring or other shipping activities are carried on at the site.
USEThe specific purpose for which any land, building or structure is utilized, designed, arranged, intended or occupied.
USE, PERMITTEDAny use permitted under the provisions of this chapter for the district in which the land, building or structure is located.
USE, PRINCIPALThe main, dominant or principal purpose for which any land, building or structure is used, utilized, employed or occupied.
VARIANCEA permit for a land use otherwise forbidden by this chapter.
(1) AREA VARIANCEA permit for relief from the dimensional standards contained in this chapter.
(2) USE VARIANCEA permit to utilize property for a use or activity not allowed by this chapter.
WALLA construction of wood, stone or other materials or combination thereof intended for security, screening, partitioning or enclosure, or for the retention of earth, stone, fill or other materials as in the case of retaining walls or bulkheads.
WASTE MATTERAny refuse, rubbish, litter, garbage, decomposable or organic matter, putrescible matter, carcasses, sewage, excrement, sludge, slops, dredging spoils, hazardous liquid or substance, ashes, tin cans, plastic containers, crates, boxes or other material offensive to the public or detrimental to its health, safety, welfare and/or aesthetic values.
WATERFRONT PROPERTY LINEThat line along the front yard of waterfront property determined by the official high water mark as established by International Great Lakes Datum. (See definition of "high water mark.")
WIND ENERGY FACILITYAny wind energy conversion system, small wind energy conversion system, or wind measurement tower, including all related infrastructure, electrical lines and substations, access roads and accessory structures.
YARDAn unoccupied space, open to the sky, on the same lot with a building or structure.
YARD, SIDEThat portion of a lot between the side lot line and the nearest side building line and extending from the rear line of the front yard to the front line of the rear yard.
ZONING PERMITA permit issued pursuant to the regulations of this chapter to allow a specified use or the construction and/or placement of a building, structure or other facility.