As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORYThe term applied to a building or use which is customarily incidental and subordinate to and serves a principal building or principal use; is subordinate in area, extent or purpose to the principal building or principal use served; contributes to the comfort, convenience or necessity of occupants of the principal building or principal use; and is located on the same zoning lot as the principal building or principal use.
[Amended 5-11-2000 by L.L. No. 1-2000]
AGRICULTURAL OR FARMING ACTIVITIESThe use of land for agricultural purposes, including farming, dairying, pasturage, truck farms or nurseries, agriculture, horticulture, viticulture, apiaries and animal and poultry husbandry and the necessary accessory uses for storage; provided, however, that the operation of any such accessory use shall be incidental to that of the principal agricultural activities.
AIRSTRIPAny area of land designed for private noncommercial use of airborne craft, including hangars, taxiways and landing strips.
ALTERATIONSAs applied to a building or structure, the change or rearrangement in the supporting members of a building or structure such as bearing walls, columns, beams or girders or in the exit facilities; an enlargement of a building or structure, whether by extending on a side or by increasing in height; the moving from one location or position to another; any alteration whereby a structure is adapted to another or different use.
APARTMENT BUILDINGA building arranged, intended or designed to be occupied by three or more families living independently of each other, but having common hallways and entrances.
BASE FLOODThe flood having a one-percent chance of being equaled or exceeded in any one given year.
BED-AND-BREAKFAST ESTABLISHMENTSLiving quarters within a principal building for the temporary use of guests, which said living quarters shall not be a dwelling and which are not rented or otherwise leased as a separate dwelling unit. In order to qualify as a bed-and-breakfast establishment, the following criteria must be met:
A. The living quarters to be utilized by the guests shall be in the principal building and shall not be in any accessory structure.
B. The principal building in which the bed-and-breakfast establishment is located shall be occupied by the owners thereof as their principal residence.
C. The use of such establishment by guests shall be temporary only.
D. The serving of meals to the guests shall be limited to breakfast only.
E. One off-street parking space shall be provided for each room used by guests.
BOARDINGHOUSE (ROOMING HOUSE)A dwelling other than a hotel or motel where more than two persons are housed or lodged for hire with or without meals.
[Amended 2-14-2002 by L.L. No. 2-2002]
BUFFER AREAStrips of land area covered with grass, vegetation, trees, fencing, embankments or berms designed to separate or screen one zoning district or use from another zoning district or use or from a highway.
BUILDINGAny structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals, property or business activity.
BUILDING AREAThe aggregate of the areas of all enclosed and roofed spaces of the principal building and all accessory buildings. Such areas shall be computed by using outside building dimensions measured on a horizontal plane at ground level.
BUILDING HEIGHTThe vertical dimension measured from the average elevation of the finished grade level at the front of the building to the highest point of the structure.
BUILDING LINEA line formed by the intersection of a horizontal plane at average grade level and a vertical plane that coincides with the exterior surface of the building on any side. In case of a cantilevered section of a building or a projected roof or porch, the vertical plane will coincide with the most projected surface, excluding steps and overhanging eaves less than two feet in width. All yard and setback requirements are measured to the building lines.
BUILDING, PRINCIPALA building in which is conducted the main or principal use of the lot on which said building is situated.
CAMPING GROUNDA parcel of land used or intended to be used, let or rented for transient, vacation and recreational occupancy by travel trailers, campers, tents, recreational vehicles, motor homes and the motor vehicles propelling or carrying the same, but excluding manufactured homes designed for year-round occupancy or as a place of residence.
CERTIFICATE OF ZONING COMPLIANCEAn official finding signifying that a parcel of land, building or structure is being used in a lawful manner with respect to the provisions of this chapter.
CLUBAn organization catering exclusively to members and their guests, including premises and buildings for recreational or athletic purposes, which are not conducted primarily for gain, provided that there are not conducted any vending stands, merchandising or commercial activities, except as required generally for the membership and purposes of such club.
CLUSTER DEVELOPMENTA development of residential lots, each containing less area than the minimum lot area required for the zone within which such development occurs while maintaining the density limitation imposed by said minimum lot area through the provision of open space as part of the site development plan.
COMMERCIAL RECREATION USEThe use of a property for golf courses, batting cages, driving ranges and other similar uses where typically a fee is charged to use the facilities.
[Added 2-14-2002 by L.L. No. 2-2002]
DRIVEWAYA roadway providing a means of access from a street to a property or off-street parking area. An accessway may also be deemed a driveway.
DWELLINGA building designed or used for one or more families. The term dwelling shall not be deemed to include a motel, hotel, boardinghouse or travel trailer.
DWELLING, MULTIPLE-FAMILYA residential building designed for or occupied by three or more families living independently of each other with the number of families in residence not exceeding the number of dwelling units provided.
DWELLING, SINGLE-FAMILYA detached residential dwelling unit other than a manufactured home designed for and occupied exclusively by one or more persons living as a single nonprofit housekeeping unit.
DWELLING, TWO-FAMILYA detached residential building, containing two dwelling units, designed for occupancy and used exclusively by two families living independently of each other.
DWELLING UNITA building or portion thereof providing housekeeping facilities for a single family.
EARTH-SHELTERED HOUSINGA residential structure which has not less than 50% of its exterior envelope covered by earth in order to moderate temperature extremes and to serve as a passive means of lowering the dependence of the residence on artificial climate control derived from fossil fuel energy. The term shall include underground houses, earth contact homes, terratectural designs and geobuilt homes.
ESSENTIAL SERVICESThe erection, construction, alteration or maintenance by public utilities or any governmental department or commission of underground or overhead gas, electrical, telecommunications or water transmission and/or distribution systems, including poles, wires, drains, sewers, pipes, conduits, cables, towers, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health, safety or general welfare. This definition expressly excludes power generator facilities or sites for the disposal of waste materials associated with the provision of such services.
EXCAVATIONThe process of the removal of no more than 750 cubic yards or 1,000 tons per year of sand, gravel, soil (including topsoil) or other natural deposits by stripping, digging or other means, when such sand, gravel, topsoil and/or other natural deposits are transported off the lot on which they are stripped, dug or otherwise removed.
EXCAVATION SITEA parcel of land used for the purpose of extracting stone, sand, gravel or topsoil for sale as an industrial or commercial operation.
FAMILYOne or more persons, related by birth, marriage or other domestic bond, occupying a dwelling unit and living as a single nonprofit housekeeping unit. In order to distinguish a family from a fraternity club or boardinghouse, not more than two members of the household shall be other than blood relatives, adopted or foster children.
FARMThe land used in agricultural production, farm buildings, equipment and farm dwelling. A farm excludes riding academies, livery or boarding stables and kennels. Farm activities may be permitted on parcels of land of less than 10 acres; however, the raising of fur-bearing animals, swine and poultry on smaller parcels of land in residential districts may only be permitted with a special permit.
FARM BUILDINGAny building used for the housing of agricultural equipment, produce, livestock or poultry or for the incidental or customary processing of farm products, and provided that such building is located on, operated in conjunction with and necessary to the operation of the farm as defined by this article. The term "farm building" shall not include "farm dwelling."
FARM DWELLINGA dwelling located on a farm and occupied by a family engaged in agricultural activities.
FENCEA structure of wood, masonry, wire mesh or other material which prohibits or inhibits unrestricted travel or view between properties or portions of properties or between the street or public right-of-way and a property.
FINISHED GRADE LEVELThe level where the finished grade of the ground intersects the foundation walls. Height measurements shall be based from the finished grade level.
FLOOD INSURANCE RATE MAP (FIRM)The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the Town.
FLOOD INSURANCE STUDYThe official report in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Hazard Boundary - Floodway Map and the water surface elevation of the base flood
FLOODWAYThe 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 of the base flood.
FLOOR AREA, GROSSThe sum of the gross horizontal areas of the several floors of a building or buildings, measured from the inside faces of exterior walls or from the center line of walls separating two uses. For the purpose of applying the requirements for off-street parking and loading in the case of offices, merchandising or service types of uses, gross floor area shall not include areas used principally for nonpublic purposes such as storage, rest rooms, fitting or alteration rooms or general maintenance or enclosed pedestrian malls or corridors.
FLOOR AREA, HABITABLEThe horizontal area of any floor of a building designed and intended for living purposes, which includes working, sleeping, eating, cooking or recreation or combination thereof. A floor used only for storage purposes is not a "habitable floor." All dimensions shall be measured from the interior faces of exterior walls or from the center line of the base of walls separating two dwelling units.
GARAGE, PRIVATEAn accessory building which provides for the storage of motor vehicles or household items by the occupants on the lot upon which it is erected, with no provision for repairing or servicing such vehicles for profit.
GARAGES, PUBLIC OR REPAIRAny garage other than a private garage operated for gain, available to the public, which is used for the storage, repair, servicing or rental of motor vehicles.
HOME OCCUPATIONAny occupation customarily conducted entirely within a dwelling or a building accessory to the dwelling by the inhabitants thereof, which is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. A home occupation shall not be interpreted to include the following: commercial stables and kennels, restaurants, musical and dancing instruction to groups exceeding four pupils, convalescent homes, mortuary establishments, garages or shops for the repair of motor vehicles, retail businesses and trades and service establishments.
HOME PROFESSIONAL OCCUPATIONThe office of a member of a licensed profession when conducted within a dwelling or a building accessory thereto. Such occupations shall include but not be limited to those of doctors, lawyers, architects, engineers, ministers and other licensed professionals.
JUNKYARDA. A lot, land or structure or part thereof where junk, waste, discarded or salvaged materials are bought, sold, exchanged, sorted, baled, packed, disassembled, handled or abandoned, including: automobile or other vehicle or machinery, wrecking or dismantling yards; house-wrecking yards; used lumberyards; places or yards for storage of salvaged house-wrecking and structural steel materials and equipment; or where any unregistered motor vehicle is held outside of a completely enclosed building, whether for the purpose of resale or sale of used parts therefrom, for the purpose of reclaiming for use some or all the materials therein, or for the purpose of storage or disposing of the same for any other purpose. The term "junkyard" shall not include pawn shops and establishments for the sale, purchase or storage of used furniture, household equipment and clothing or for processing of used, discarded or salvaged materials as part of manufacturing operations.
B. Any place, licensed by the Town, for the storage or deposit of wrecked or junked motor vehicles, where two or more unlicensed, old or secondhand motor vehicles, whether in connection with another business or not, no longer intended or in condition for legal use on the public highways are held, whether for the purpose of resale, dismantling parts therefrom for resale or reclaiming for use, disposing of the same or for any other purpose all or some of the materials, whether iron, steel or nonferrous scrap, glass, fabric or otherwise.
C. Exceptions:
(1) New and/or used motor vehicles which are operable, qualify for a current New York State Motor Vehicle inspection sticker under Article 5 of the New York Motor Vehicle and Traffic Law and are offered for sale to the public may be stored on premises on which new or used car sales may be conducted in accordance with the provisions of these regulations.
(2) The storage of vehicles subject to seasonal use, such as travel trailers and snowmobiles, even though such vehicles may be unlicensed during the part of the year they are not in use.
(3) The storage of agricultural equipment, machinery and vehicles in an agricultural district which are being used in farm operation.
KENNELAny premises on which four or more dogs six months or older are kept, bred and/or boarded. All kennels shall require a special use permit.
[Amended 2-14-2002 by L.L. No. 2-2002]
LAND USED IN AGRICULTURAL PRODUCTIONNot less than 10 acres of land used as a single operation in the preceding two years for the production for sale of crops, livestock or livestock products of an average gross sales value of $10,000 or more. Land used in agricultural production shall not include land or portions thereof used for processing or retail merchandising of such crops, livestock or livestock products. Land used in agricultural production shall also include:
A. Rented land which otherwise satisfies the requirements for eligibility for an agricultural assessment.
B. Land of not less than 10 acres used as a single operation for the production for sale of crops, livestock or livestock products, exclusive of woodland products, which does not independently satisfy the gross sales value requirement, which such land was used in such production for the preceding two years and currently is being so used under a written rental arrangement of five or more years in conjunction with land which qualifies for an agricultural assessment.
C. Land used in support of a farm operation or land used in agricultural production, constituting a portion of a parcel, as identified on the assessment roll, which also contains land qualified for an agricultural assessment.
D. Farm woodland which is part of land which is qualified for an agricultural assessment; provided, however, that such farm woodland attributable to any separately described and assessed parcel shall not exceed 50 acres.
E. Land set aside through participation in a federal conservation program pursuant to Title One of the Federal Food Security Act of 1985 or any subsequent federal programs established for the purposes of replenishing highly erodible land which has been depleted by continuous tilling or reducing national surpluses of agricultural commodities.
LOADING SPACE, OFF-STREETSpace logically and conveniently located for public pickups and deliveries, scaled to delivery vehicles expected to be used and accessible to such vehicles. Required off-street loading space is not to be included as off-street parking space in the computation of required off-street parking area.
LOTA parcel of land considered as a unit, devoted to a certain use and occupied or capable of being occupied by a building or group of buildings that are united by common interest or use and the customary accessory uses and open spaces belonging to same.
LOT AREAThe square footage or acreage contained within the boundaries of a lot. Any portion of a lot included in a public road, street or highway right-of-way shall not be included in calculating lot area.
LOT, CORNERA parcel of land at the junction of and fronting on two or more intersecting streets.
LOT COVERAGEThat percentage of the lot area which is devoted to building area.
LOT FRONTAGEThe front of a lot shall be construed to be the portion nearest the street. For the purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered front yards.
LOT LINESThe property lines bounding the lot:
B. LOT LINE, REARThe lot line opposite and most distant from the front lot line, except for corner lots wherein it shall be the lot line behind the principal structure.
LOT OF RECORDA lot which is part of an approved subdivision recorded in the office of the County Clerk or a lot described by metes and bounds, the description of which has been so recorded.
LOT WIDTHThe distance between the side lot lines measured parallel to the street line at the front building line.
MANUFACTURED HOMEA structure, transportable in one or more sections, that in the traveling mode is eight body feet or more in width and 40 body feet or more in length or when erected on site is 320 or more square feet, that is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and that includes the plumbing, heating, air-conditioning and electrical systems contained therein. A "manufactured home" is distinguished from a modular home.
[Amended 12-14-2006 by L.L. No. 2-2006]
MANUFACTURED HOME LOTA parcel of land within a manufactured home park reserved for placement of a manufactured home, including accessory buildings, for the exclusive use of its occupants.
MANUFACTURED HOME PARKA parcel of land under single ownership which has been planned and approved for the placement of manufactured homes, accessory buildings or structures and equipment.
MODULAR HOMEA structure, transportable in two or more sections that in the traveling mode are 12 feet to 14 feet in width and up to 60 feet in length or when erected on site is 1,000 or more square feet, that is not built on a permanent chassis, but is transported to the site on a temporary removable chassis and designed to be used as a dwelling only with a permanent foundation, when connected to required utilities, and that includes plumbing, heating, air-conditioning and electrical systems contained therein. A modular home must be erected on a permanent foundation consisting of a full basement or partial basement with crawl space, unless basements are not permitted in the area due to the water table.
MOTELA building or buildings containing sleeping units for transient guests and providing accessory off-street parking facilities and which may include restaurant facilities and a dwelling unit for a bona fide caretaker or operator. The term "motel" includes hotels, auto courts, tourist courts, motor lodges and similar terms. Each sleeping unit shall contain not less than 240 square feet of living space.
MOTOR VEHICLE SERVICE STATIONAny building, structure or land used to disperse, sell or offer automotive fuels, oils or accessories, including lubrication, washing, polishing or cleaning and the replacement or installation of minor parts and accessories to passenger automobiles or trucks not exceeding 1 1/2 tons rated capacity, but not including any major mechanical repair, rebuilding or reconditioning of engines, motor vehicles or trailers or collision service, body repair, frame straightening, painting, undercoating, vehicle steam cleaning or upholstering.
NONCONFORMING BUILDING OR STRUCTUREAny lawful building or structure existing at the date of enactment of this chapter which in its design or location upon a lot does not conform to the regulations of this chapter for the district in which it is located.
NONCONFORMING LOTA lot of record existing at the date of the enactment of this chapter which does not have the minimum width, depth or area for the district in which it is located.
NONCONFORMING USEAny use of land, buildings or structures lawfully existing on the date of enactment of this chapter which does not conform to the use regulations of the district in which it is situated.
PARKING SPACE, OFF-STREETA space adequate for parking an automobile and having an area of not less than 200 square feet per vehicle, exclusive of passageways and driveways appurtenant thereto. Such space shall be located on the lot it is accessory to and shall have direct access to a street or public way.
PONDAny man-made body of water which has a capability of more than two feet in depth resulting from excavations, dams, dikes, etc.
PRIMARY ZONE DISTRICTA zone district regulating the use of land exclusive of any overlay restrictions or regulations.
PRINCIPAL BUILDINGA building in which is conducted the main or principal use of the lot on which said building is located.
PRINCIPAL USEThe main or primary purpose for which a building, structure or lot is to be used.
PUBLIC BUILDINGThe words "public buildings and grounds," as used in this chapter, are intended to designate any one or more of the following uses, including grounds and accessory buildings necessary for their use:
A. Churches, places of worship, parish houses and convents.
B. Public parks, playgrounds and recreational areas when authorized or operated by a governmental authority.
C. Not-for-profit nursery schools, elementary schools, secondary schools, colleges or universities having a curriculum approved by the Board of Regents of the State of New York.
D. Golf courses and country clubs when occupying not less than 50 acres, not including, however, clubs whose activities include the maintenance, storage or takeoffs or landings of aircraft.
E. Public libraries and museums.
F. Not-for-profit fire, ambulance and public safety buildings.
G. Proprietary or not-for-profit hospitals for the care of human beings, nursing homes, convalescent homes, homes for adults, homes for the aged or residences for adults as the same are defined under the Public Health Law or the Social Services Law of the State of New York, provided that they are duly licensed by the State of New York.
H. Not-for-profit membership corporations established for cultural, social or recreational purposes.
I. Not-for-profit day-care centers approved by the New York State Department of Social Services.
RECREATIONAL VEHICLEA vehicle type unit primarily designed as temporary living quarters for recreational, camping or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. The basic entities are:
A. TRAVEL TRAILERA vehicular portable unit, mounted on wheels, of such a size or weight as not to require special highway movement permits when drawn by a motorized vehicle and of a body width of no more than eight feet and a body length of no more than 32 feet when factory equipped for the road.
B. CAMP TRAILERA vehicular portable unit mounted on wheels and constructed with collapsible partial side walls which fold for towing by another vehicle.
C. TRUCK CAMPERA portable unit, designed to be loaded onto or affixed to the bed or chassis of a truck. Truck campers are of two basic types:
(1) SLIDE-IN CAMPERA portable unit designed to be loaded onto and unloaded from the bed of a pickup truck.
D. MOTOR HOMEA vehicular unit built on a self-propelled motor vehicle chassis.
RESERVOIR SPACEAny temporary storage space for a vehicle waiting for service or admission. Such space shall be in addition to drives, aisles or parking space required by this chapter. One reservoir space shall be 20 feet long and eight feet wide.
RESTAURANTAny establishment, however designed, at which food is sold for consumption on the premises to patrons seated within an enclosed building and where the taking of food and drink from said building is incidental. However, a snack bar or refreshment stand at a public, semipublic or community swimming pool, playground, playfield or park operated by the agency or groups or an approved vendor operating the recreational facilities and for the convenience of the patrons of the facility shall not be deemed to be a restaurant.
RESTAURANT, DRIVE-INAn establishment where food, soft drinks, ice cream and similar confections are sold for principal consumption outside the confines of the principal building or in automobiles, regardless of whether or not seats are provided for patrons.
RIGHT-OF-WAYThe line determining the street or highway limit of public ownership.
ROADSIDE STANDRetail outlets with all related structures for the sale of farm products.
ROOMING HOUSE (BOARDINGHOUSE)A dwelling other than a hotel on motel where more than two persons are housed or lodged for hire with or without meals.
[Added 2-14-2002 by L.L. No. 2-2002]
SETBACKThe horizontal distance between the street line, rear or side lines of the lot and the front, rear or side lines of the building. All measurements shall be made at right angles to or radially from the lot lines to the building lines. Setbacks from street lines to building lines are defined as "front setbacks." Setbacks from side lot lines are "side setbacks." Setbacks from rear lot lines are "rear setbacks."
SHOPPING CENTERTwo or more commercial buildings located on a single lot or adjacent lots, with such buildings developed as part of a single integrated development with a common architectural design.
SIGNAny structure, part thereof or device attached thereto or painted or represented thereon or any material or thing, illuminated or otherwise, which displays or includes any numeral, letter, word, model, banner, emblem, insignia, device, trademark or other representation used as or in the nature of an announcement, advertisement, direction or designation of any person, firm, group, organization, place, commodity, product, service, business, profession, enterprise or industry, which is located upon any land or on any building; provided, however, that the following shall not be included in the application of the regulations herein:
A. Signs not exceeding one square foot in an area and bearing only property numbers, post box numbers, names of occupants of premises or other identification of premises not having commercial connotations.
B. Flags and insignia of any government, except when displayed in connection with commercial promotion.
C. Legal notices, identification, informational or directional signs erected or required by governmental bodies.
D. Integral decorative or architectural features of buildings, except letters, trademarks, moving parts or moving lights.
E. Signs directing and guiding traffic and parking on private property, but bearing no advertising matter.
F. Temporary signs announcing a campaign, drive or event of a governmental, political, civic, philanthropic, educational or religious nature.
G. Signs located within the windows or doors of commercial enterprises, provided that such signs occupy less than 15% of the total area of such windows and/or doors.
SIGN, ADVERTISINGAny sign which directs attention to a business, principal commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises where the sign is located and only incidentally on the premises if at all.
SIGN AREAThe area of a sign consisting of the entire surface of any regular geometric form or combinations of regular geometric forms, comprising all of the display area of the sign and including all of the elements of the matter displayed, but excluding supporting or structural members not bearing advertising matter.
SIGN, BILLBOARD (COMMERCIAL ADVERTISING)An outdoor advertising sign, structure or symbol erected and maintained by an individual or corporation engaged in the sale or rental for profit of space thereon, having more than 100 square feet of display surface and which is either erected on the ground or attached to or supported by a building or structure.
SIGN, BUSINESSAn accessory sign which directs attention to a business, profession or industry conducted upon the premises on which the sign is located or to a primary product, commodity or service sold by such business, profession or industry.
SIGN, DIRECTIONALAn advertising sign or device intended to direct or point toward a place of business or one that points out the way to either an unfamiliar or unknown place that obviously could not be easily located without such sign or device.
SIGN, GROUNDA sign supported by a pole, uprights or braces placed in or on the ground.
SIGN, ILLUMINATEDAny sign which has characters, letters, figures, designs or outlines illuminated by electric lights, neon or luminescent tubing.
SIGN, PROJECTINGAny sign which is attached to a building or other structure beyond the surface or that portion of the building or structure to which the sign is attached and not parallel to the face of the building.
SIGN, TEMPORARYAny sign, banner or other advertising device constructed of temporary material, with or without structural frames, intended for a limited period of display.
SITE PLANA plan, to scale, showing uses and structures proposed for a parcel of land, including lot lines, streets, existing and proposed buildings and structures, topography, rights-of-way, parking areas, open space and any other information deemed necessary by the Planning Board.
STABLEA building in which any horses are kept for remuneration, hire or sale.
STORYThat portion of a building included between the surface of the floor and the ceiling next above it, having a vertical distance of at least seven feet six inches along the studs forming each of the exterior walls. Each story above the first story must have an area equal to at least 2/3 that of the first story. The first story is the lowest story which is 75% or more above the average level of the ground adjacent to said building.
STORY, HALFThat portion of a building next under a gable, hip or gambrel roof having a vertical distance between the floor and horizontal ceiling of at least seven feet six inches, except that for habitable space under a sloping roof, the minimum height above at least 50% of such floor area shall be seven feet six inches, and the area where the height is less than five feet shall not be considered in computing required floor area.
STREETA public or private thoroughfare which affords the principal means of access to abutting properties.
STREET LINEThe right-of-way line of a street; the front lot line; the line separating a lot from a street.
STRUCTUREAnything constructed or erected which requires temporary or permanent support or attachment to the ground, beneath the ground or to something having permanent location on the ground, including gasoline and oil tanks, buildings, manufactured homes, fences and billboards.
SUBDIVISIONA. The division of any parcel of land, including adjacent or contiguous parcels conveyed by separate deed(s) to the applicant, into four or more lots, plots, sites or other divisions of land for immediate or future sale or transfer of ownership or for building development within any consecutive five-year period. For example, a property owner could create two new lots over and above the original lot within a five-year period without the action being considered a subdivision. That is, three new lots over and above the original lot within any five-year period constitutes a subdivision. Further, any creation of lots requiring the construction of streets or other municipal facilities shall constitute a subdivision.
B. Exception. This section shall not apply to the division of a parcel of record as of the effective date of this chapter into three or fewer lots or parcels which front along an existing publicly owned highway or road.
C. The term "subdivision" also incudes a resubdivision and, where appropriate, shall refer to the process of subdividing the land or the land subdivided.
SUBSTANTIAL IMPROVEMENTAny repair, reconstruction, alteration, modification of a building, the cost of which equals or exceeds 50% of the market value of the building either before the improvement or repair is started or, if the building has been damaged and is being restored, before the damage occurred. The Code Enforcement Officer shall determine the value of the improvements to be made based upon the square footage of building area added or improved. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the building. The term does not, however, include either any project for improvement of a building to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions or any alteration of a building listed on the National Register of Historic Places or a State Inventory of Historic Places.
SWIMMING POOLAny body of water or receptacle for water which has a capability of a depth of more than two feet at any point, used or intended to be used for swimming, bathing or wading and installed or constructed above or below the ground.
TEMPORARY USESAn activity conducted for a specific limited period of time which may not otherwise be permitted by the provisions of this chapter. Examples of such uses are structures incidental to new construction which shall be removed after the completion of the construction work.
USE, SPECIAL PERMITA use that would not be appropriate generally or without restriction throughout the zoning district but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, order, comfort, convenience, appearance, prosperity or general welfare. Such uses may be permitted in a zoning district as a special permit use only if specific provision for such special permit use is made in this chapter.
VARIANCEA variance is a relaxation of the terms of this chapter where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship.
WINDMILLAn alternate energy device which converts wind energy by means of a rotor to mechanical or electrical energy. A wind generator may also be deemed a "windmill."
YARDA required open space unoccupied and unobstructed by any structure or portion of a structure, except as may be provided by this chapter, and situated between the principal building or group of buildings and the nearest lot line.
YARD, FRONTA yard extending between the side lot lines across the front of a lot adjoining a street, situated between the street line and the front building line.
YARD, REARA yard extending between the side lot lines situated between the rear line of the building and the rear lot line. In the case of through lots, there will be no rear yards but only front and side yards.
YARD, SIDEA yard extending between the side building line and the nearest side lot line, situated between the front and rear yards.