North Castle City Zoning Code
ARTICLE II
Definitions and Word Usage
§ 355-3 Word usage.
[Amended 10-7-2015 by L.L. No. 8-2015]
Except where specifically defined herein, words used in this chapter shall carry their customary meanings. All words used in the present tense include the future tense; all words in the singular number include the plural number and vice versa, unless the natural construction of the wording indicates otherwise; the word "person" includes corporations and all other legal entities; the words "lot," "plot" and "tract of land" shall each include the others; the word "premises" shall include land and buildings thereon; the word "building" shall include "structure" and vice versa; and "occupied" or "used" shall be considered as though followed by the words "or intended, arranged or designed to be used or occupied," unless the natural construction of the wording indicates otherwise. The word "shall" is mandatory. Unless otherwise specified, all distances shall be measured horizontally. The word "Town" means the Town of North Castle; the term "Town Board" means the Town Board of said Town; the term "Board of Appeals" means the Zoning Board of Appeals of said Town; the term "Planning Board" means the Town Planning Board of said Town; the term "Building Inspector" means the Building Inspector of said Town; and the term "Town Plan" means the plan adopted by the Town Board pursuant to § 272-a of the Town Law. The words "this ordinance" shall mean the Zoning Ordinance as originally adopted on May 1, 1941, and as amended from time to time.
§ 355-4 Definitions.
[Amended 9-28-1988; 4-22-1993 by L.L. No. 2-1993; 3-24-1994 by L.L. No. 4-1994; 6-30-1998 by L.L. No. 10-1998; 7-26-2000 by L.L. No. 4-2000; 12-3-2002 by L.L. No. 11-2002; 6-30-2004 by L.L. No. 5-2004; 7-26-2006 by L.L. No. 12-2006; 8-16-2006 by L.L. No. 14-2006; 8-16-2006 by L.L. No. 15-2006; 11-15-2006 by L.L. No. 19-2006; 12-5-2006 by L.L. No. 25-2006; 12-13-2006 by L.L. No. 27-2006; 12-13-2006 by L.L. No. 28-2006; 12-13-2006 by L.L. No. 30-2006; 12-13-2006 by L.L. No. 26-2006; 9-10-2007 by L.L. No. 18-2007; 5-14-2008 by L.L. No. 7-2008; 5-28-2008 by L.L. No. 8-2008; 6-25-2008 by L.L. No. 13-2008; 11-9-2009 by L.L. No. 13-2009; 8-28-2012 by L.L. No. 5-2012; 5-8-2013 by L.L. No. 3-2013; 8-14-2013 by L.L. No. 6-2013; 11-20-2013 by L.L. No. 11-2013; 5-14-2014 by L.L. No. 1-2014; 11-5-2014 by L.L. No. 6-2014; 6-10-2015 by L.L. No. 6-2015; 10-7-2015 by L.L. No. 8-2015; 9-28-2016 by L.L. No. 6-2016; 6-28-2017 by L.L. No. 3-2017; 9-13-2017 by L.L. No. 5-2017; 6-12-2019 by L.L. No. 4-2019; 4-29-2020 by L.L. No. 3-2020; 6-24-2020 by L.L. No. 5-2020; 11-17-2021 by L.L. No. 9-2021; 3-23-2022 by L.L. No. 3-2022; 4-12-2023 by L.L. No. 4-2023; 7-26-2023 by L.L. No. 6-2023; 8-14-2024 by L.L. No. 4-2024; 2-12-2025 by L.L. No. 1-2025]
For the purpose of this chapter, certain words and terms used herein are defined as follows:
An establishment similar to a restaurant but limited to the extent that the accessory wine bar and cafe is not the sole principal use on the lot, seating is limited to a maximum of 72 seats and the total gross floor area of the accessory cafe is not in excess of 3,500 square feet.
For small wireless communications facilities, any similarly-situated support structure within a 250-foot radius that is of the same design, construction, or use as the proposed structure. Adjacent structures may include, but are not limited to, utility poles and streetlight poles. The height of an adjacent structure is the vertical distance measured from the ground level to the highest point on a structure, not including antennas mounted on the tower and any other appurtenances.
A for-purchase housing unit that is affordable to a household whose income does not exceed 80% of the area median income (AMI) for Westchester as defined annually by the U.S. Department of Housing and Urban Development (HUD) and for which the annual housing cost of a unit, including common charges, principal, interest, taxes and insurance (PITI), does not exceed 33% of 80% AMI adjusted for family size and that is marketed in accordance with the Westchester County Fair and Affordable Housing Affirmative Marketing Plan.
A rental unit that is affordable to a household whose income does not exceed 60% AMI and for which the annual housing cost of the unit, defined as rent plus any tenant-paid utilities, does not exceed 30% of 60% AMI adjusted for family size and that is marketed in accordance with the Westchester County Fair and Affordable Housing Affirmative Marketing Plan.
To change, enlarge or rearrange the structural parts or the exit facilities of a structure or to move a building from one location or position to another.
A change in the supporting members of the building, such as bearing walls, columns, beams, girders or floors, or any other change which is not merely a repair or replacement of any existing part, where such change would tend to:
Any system of wires, rods, discs, panels, flat panels, dishes, whips, or other similar devices used for the transmission or reception of wireless signals. An antenna may include an omnidirectional antenna (rod), directional antenna (panel), parabolic antenna (disc) or any other wireless antenna. An antenna shall not include tower-based wireless communications facilities defined herein. An antenna shall not include private residence-mounted satellite dishes or television antennas or amateur radio equipment including, without limitation, ham or citizen band radio antennas.
A dwelling unit which is incidental and subordinate to a permitted principal single-family dwelling and located on the same lot therewith.
An establishment for the preparation, display, and sale of individually crafted artwork, jewelry, furniture, cabinetry, sculpture, pottery, leathercraft, handwoven articles, and related items as well as small group instruction related to the creation of artwork, jewelry, furniture, cabinetry, sculpture, pottery, leathercraft, handwoven articles, and related items.
Any use involving the individual creation, fabrication, storing and retail sale of an artistic nature, including drama, music, painting, pottery and sculpture studios, furniture, woodworking and ornamental iron studios.
A brown to black hard, brittle or plastic bituminous material composed principally of hydrocarbons found in oil-bearing rocks in selected areas. Asphalt is prepared by pyrolysis from coal tar, certain petroleums and liguite tar. Asphalt, which melts on heating, is insoluble in water but soluble in gasoline and is used for paving and roofing and in paints and varnishes.
A form of concrete composed of sand, gravel, crushed rock or other aggregate held together by asphalt. Asphaltic concrete is also known as "bituminous concrete." (See also "asphalt" and "concrete.")
Metal assemblage, including receipt and indoor storage of metal and aluminum, assemblage of either product which may require welding and/or cutting.
Any enclosed premises used for spectator presentations, such as concerts, theatrical performances, lectures, meetings and similar events.
The average of the finished ground level adjoining the perimeter of the building. Where the finished ground level slopes away from the exterior walls, the average grade shall be the lowest point within six feet of the perimeter of the building.
A cantilevered deck having no vertical support posts.
A business enterprise primarily engaged in the retail sale of drinks such as beer, ale, wine, liquor and other alcoholic beverages for consumption on the premises. Prepared food and nonalcoholic beverages may be sold for consumption on the premises. (See also "cabaret.")
That flood having a one-percent chance of being equaled or exceeded in any given year.
The portion of a building wholly or partly underground which extends no more than four feet above the level from which the height of the building is measured. The word "basement" includes the word "cellar." A portion of a basement in which is located a boiler room, electronic, telephone, heating or cooling equipment, elevator equipment and similar equipment and the accessway thereto shall not be counted as part of the gross floor area. Such excluded mechanical/utility areas shall be entirely below the finished grade, have no windows and be clearly designed only for such mechanical/utility purposes.
One or more devices, assembled together, capable of storing energy in order to supply electrical energy at a future time, not to include a stand-alone twelve-volt car battery or an electric motor vehicle. A battery energy storage system is classified as a Type 1, Type 2 or Type 3 battery energy storage system as follows:
Type 1 (utility) battery energy storage systems include all the following:
Type 2 (commercial) battery energy storage systems include all the following:
Battery energy storage systems with an aggregate energy capacity greater than 80 kwh but equal to or less than 600 kwh; and
Battery energy storage systems solely dedicated to providing energy storage for the property on which it is located. Any sale of excess energy to the local utility is prohibited.
Type 3 (residential/small scale) battery energy storage systems have an aggregate energy capacity less than or equal to 80 kwh and, if in a room or enclosed area, consist of only a single energy storage system technology.
A single cell or a group of cells connected together electrically in series, in parallel, or a combination of both, which can charge, discharge, and store energy electrochemically, excluding batteries utilized in consumer products.
A dwelling with nontransient boarders, roomers or lodgers in the household, of which there may be no more than two, who are lodged with or without meals, and in which there are provided such services as are incidental to its use as a residence for part of the occupants.
A nonsupporting connection, without front or rear wall, between a garage or carport and the main building of the lot.
Land not used for any purpose except to separate two other uses.
Any structure having a roof, supported by columns and/or by walls or self-supporting, including a factory-manufactured home, and intended for the shelter, housing or enclosure of persons, animals or chattel.
A building subordinate to the main building on the lot and used for a purpose customarily incidental to that of said main building, including dwelling units for servants. A principal or main building must exist on a lot or a site plan shall have been approved by the Planning Board for both principal and accessory use prior to the granting of any permit or other approval to construct an accessory building. All structures are also accessory buildings for purposes of this chapter, particularly in regard to required setbacks, except that where a specific setback is stated for a particular type of structure, the specific setback shall be controlling.
The maximum horizontal cross section of a main building and all accessory buildings, exclusive of one-story open porches; bay windows which extend for one story only and do not project more than five feet; cornices, eaves, gutters or chimneys projecting not more than three feet; steps; and terraces.
The least horizontal distance between the furthermost walls of a building, including any carports and porches.
A building in which is conducted the main or principal use of the lot on which said building is situated.
A building or structure erected, constructed or placed upon the premises to exist there for a brief or temporary duration of time, not exceeding one year. All other buildings or structures shall be deemed and considered as permanent for the purposes of this chapter.
An accessory building or structure that is used for a swimming pool or some similar recreational use and not intended for human habitation and that does not exceed 200 square feet in area and is not more than 15 feet in height.
An establishment of public resort, accommodation, assemblage, entertainment or amusement where refreshments of any kind are served for gain or profit and/or dancing, entertainments or exhibitions are given or permitted in connection therewith or a place of public resort, accommodation, assemblage, entertainment or amusement where exhibitions or other forms of entertainment or amusement are given or conducted for gain or profit and dancing and serving of refreshments of any kind are permitted. The term "cabaret," as used herein, shall not include establishments providing music, either by mechanical device or by band or orchestra, for the entertainment of patrons and/or dancing by such patrons only.
A business enterprise engaged in preparing and serving a full line of food and beverages primarily through the use of a cafeteria line where the customer serves himself or is served from displayed selections. Either table and/or booth seating facilities are provided, and some limited waiter or waitress service may be provided. (See also "cabaret," "restaurant" and "restaurant, fast-food.")
An accessory building or part of a main building with not more than two enclosing walls that provide overhead protection for the permitted storage of motor vehicles for the owner's private use.
Land, buildings and facilities operated for the use and benefit of members and their guests primarily for recreational purposes, including golf clubs, country clubs, tennis and swimming clubs and similar facilities. A membership club shall not regularly render services to the general public. However, club facilities, including golf courses and other recreational facilities, restaurants and food service facilities, and lodging facilities, may be reserved and used by the general public on a fee basis for outings and special events.
A voluntary organization, not conducted for gain, with facilities catering principally to members and guests for recreational, athletic or social purposes.
A machine which is mechanically or electronically operated, including but not limited to baseball and football games, pinball machines, video games and other similar games in which points are tabulated in high scores by one or more persons, that is controlled and operated by the insertion of a coin or token or payment of a fee for the privilege of operating the machine and intended for the amusement or recreation of patrons.
The mounting of one or more wireless communication facilities on a preexisting support structure, or modifying a support structure for the purpose of mounting or installing a wireless communication facility on that support structure.
A facility that provides dog-related services, including bathing, grooming, feeding, exercise, training, day and/or overnight boarding and retail sales of pet supplies, and not including the sale of dogs.
Means terms and pricing that are reasonably consistent with similar wireless communication facility leases and agreements within a fifteen-mile radius of the Municipality.
Concrete is composed of sand, gravel, crushed rock or other aggregate held together by a hardened paste of hydraulic cement and water. The thoroughly mixed ingredients, when properly proportioned, make a plastic mass that can be cast or molded into a predetermined size and shape. Upon hydration of the cement by the water, concrete becomes stonelike in strength and hardness.
Any proprietary facility, licensed and regulated by the State of New York, for the accommodation of three or more persons, not related by blood or marriage, who are aged, convalescent or not acutely ill and not in need of hospital care and related medical services, which persons are boarded and/or housed for remuneration, and in which facility such nursing care and medical services are prescribed by or are performed under the general direction of persons licensed to provide such care or services in accordance with the laws of the State of New York, but not including hospitals or keeping patients suffering from any contagious disease, tuberculosis, mental illness, acute alcoholism or drug addiction.
That percentage of the land area covered by the combined area of all buildings on all or that portion of the lot within the same zoning district as the main building.
That percentage of the land area covered by the combined area of all buildings, structures and paved, gravel and semipervious paver areas on a lot. Walls under four feet in height and all fences shall not be considered gross land coverage.
A principal permitted use consisting of a tract of land and any tents, vehicles, buildings, or other structures that may be pertinent to its use, any part of which may be occupied on a scheduled basis at any time between June 1 and September 15 in any year by children under 16 years of age, under general supervision, for the purpose of indoor or outdoor organized group activities, involving two or more activities for a period of less than 24 hours on any day the property is so occupied and/or which no provisions are made for overnight occupancy by such children. Any recreational program offered directly by the Town of North Castle Recreation Department shall not be deemed a day camp.
A program licensed by the New York State Department of Social Services pursuant to § 390 of the New York Social Services Law that provides care for more than three hours but fewer than 24 hours a day away from the child's home by an individual, association, corporation, institution or agency for seven or more children, except those programs operating as group family day-care centers. "Day-care center" shall not refer to a day camp, an after-school program operated for the primary purpose of religious education or a facility operated by a public school district.
A program which provides care for three or more children away from their home for more than three hours per day, excluding those children receiving family day care as defined in this section. This is a generic definition that embraces all the other sorts of facilities defined below. The term "day care" shall not refer to a day camp, an after-school program operated for the primary purpose of religious education or a facility operated by a public school district.
A commercial establishment which employs professional licensed therapists whose services include massage and body or facial treatments. Private treatment rooms are provided for each client receiving a personal service. Massage treatments may include body packs and wraps, exfoliation, cellulite and heat treatments, electrolysis, body toning, waxing, aromatherapy, cleansing facials, electrical toning, and other similar treatments and services. Hydrotherapy and steam and sauna facilities, nutrition and weight management and exercise facilities and instruction may be provided in addition to the massage and therapeutic treatment services. Accessory cafes providing service only for day spa customers and full-service hair salons providing service only for day spa customers, including makeup consultation and application, manicure and pedicure services, as well as tanning stations may be provided as additional accessory services as determined appropriate by the Town.
A unit of measurement of intensity of sound (the sound pressure level).
An uncovered structure constructed of wood or metal forming a platform projecting out from the wall or walls of a building, or freestanding, that is not a terrace. Any such structure with a roof or awning shall be considered a porch.
A Municipal-owned pole that is specially designed and placed for aesthetic purpose and on which no appurtenances or attachments, other than a small wireless communications facility, lighting, or other municipal attachments have been placed or are permitted to be placed.
A density unit is defined as being equal to one or a proportionate combination of the following:
One one-family detached dwelling unit.
One dwelling unit containing four or more bedrooms in a permitted type of dwelling other than a one-family detached unit.
One and one-half dwelling units containing three bedrooms each in permitted dwellings other than one-family detached units.
Two dwelling units containing two bedrooms each in permitted dwellings other than one-family detached units.
Two and one-half dwellings containing one bedroom or less each in permitted dwellings other than one-family detached units.
Three efficiency dwelling units in permitted dwellings other than one-family detached units.
Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, clearing, grading, paving, excavation or drilling operations.
A device, also known as a "satellite dish" or "earth station," which normally contains three main components, including an antenna in the form of a dish, a low-noise amplifier and a receiver, and whose purpose is to receive communications or other signals from orbiting satellites.
A network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure.
The removal of vegetation or topsoil, or any filling, draining, grading, excavation or other such activity which alters the condition of land.
That process by which clothing and fabrics are cleaned through the use of primarily nonaqueous chemical solvents (They may include carbon tetrachloride, trichloroethylene, tetrachloroethylene, naphtha, benzene and other compounds.), rather than through the use of water and cleaning agents used with water. Such an operation may be offered directly by employees who undertake the dry-cleaning process as a service to customers or in the form of a self-service operation in which the customer operates the dry-cleaning machine.
Solid particulate matter capable of being air- or gasborne.
A building containing one or more dwelling units.
A dwelling containing three or more dwelling units.
A dwelling containing one dwelling unit only.
A dwelling containing two dwelling units only.
A building or portion thereof providing complete housekeeping facilities for one family.
A dwelling unit having common walls, floors or ceilings with two or more other dwelling units.
A dwelling containing one dwelling unit.
A dwelling unit which has a common wall, floor or ceiling with only one other dwelling unit.
Any nonpublic school or other organization or institution conducting a regularly scheduled curriculum of study similar to that of the public schools and operated under the Education Law of New York State.
Any vehicle that operates, either partially or exclusively, on electrical energy from the grid, or an off-board source, that is stored on-board for motive purpose. "Electric vehicle" includes: a) a battery electric vehicle; or b) a plug-in hybrid electric vehicle.
An electric vehicle charging station, also called EV charging station, electric recharging point, charging point and EVSE, is an element in an infrastructure where the singular purpose is to supply electric energy for the recharging of electric vehicles. All such stations will include designated and exclusive parking for vehicles charging. An electric vehicle charging station shall not contain any surface, frame, letter, figure, character, mark, plane, point, design, picture, stroke, stripe, reading matter, material, fabric, device, object, three-dimensional object, or display which bears lettered, numbered, pictorial, or sculptured matter, designed to convey information visually or to draw attention and which is exposed to public view. An electric vehicle charging station shall not account for more than 20% of the total off-street parking available on a property and shall be limited to Level 1 or Level 2 charging infrastructure.
An application for modification of an existing wireless communications facility or base station that involves collocation of new transmission equipment; removal of transmission equipment; or replacement of transmission equipment.
A condition that constitutes a clear and immediate danger to the health, welfare, or safety of the public, or has caused or is likely to cause facilities in the public rights-of-way to be unusable and result in loss of the services provided.
One person or householder, plus one or more persons related to the householder or to the householder's spouse by blood, marriage, legal adoption or guardianship, along with live-in servants, living together and sharing meals in a domestic relationship as a single, not-for-profit housekeeping unit in a dwelling containing kitchen facilities;
A group of persons headed by a householder taking care of or responsible for the care of a reasonable number of dependent individuals in a domestic relationship that in theory, size, appearance and structure is the functional and factual equivalent of a traditional family of related persons living together and sharing meals as a single, not-for-profit housekeeping unit in a dwelling containing kitchen facilities; or
A program licensed by the New York State Department of Social Services which provides care for at least three children but not more than six children in the applicant's home for more than three hours per day.
The use of a parcel of land for the purpose of producing agricultural, horticultural, floricultural, vegetable and fruit products of the soil, livestock, poultry, eggs, dairy products, nuts and honey, but shall not include the breeding, raising or maintaining of fur-bearing animals, pigs, goats, more than 12 head of poultry, animal kennels, riding or livery stables. A garden, accessory to a residential use, shall not be deemed a farm use. A farm use shall not include the processing of farm products or operation of a roadside stand.
The Federal Communications Commission.
A visible or tangible barrier enclosing, bordering or delineating a yard, field or other portion of land for the purpose of providing a boundary or a means of protection, or to prevent uncontrolled access, or for decorative purposes, or to provide screening, usually made of posts and wire, wood, iron, masonry, stone, metal, wind sheets for sports courts or other manufactured material or combination of such material(s), not including hedges, shrubs, trees or other natural growth. A fence shall not be constructed of tarpaulins or sheets.
Any map, survey or plat filed in the County Clerk's office of Westchester County.
An establishment that teaches skills in the visual arts and performing arts, including, but not limited to, painting, sculpture, collage, decollage, assemblage, installation, calligraphy, music, dance, theater, architecture, film, photography, conceptual art, and printmaking.
A general and temporary condition of partial or complete inundation of normally dry land areas from:
Any land area subject to flooding during a one-hundred-year storm event. [See also the Flood Insurance Study, Town of North Castle, prepared by the Federal Emergency Management Agency (FEMA) and its Official Flood Insurance Rate Maps (FIRMs) and Flood Boundary Maps of the Town of North Castle, as such may, from time to time, be amended.]
Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
The sum of the horizontal areas of the several stories of the building or buildings, excluding any floor area used for off-street parking or loading purposes (except for residential buildings), measured from the exterior walls or, in the case of a common wall separating two buildings, from the center line of such a common wall, and including any two-story or any enclosed porch, or one having a roof and capable of being enclosed. See the definition of "basement" for exclusion of basement/mechanical areas in nonresidential buildings from "floor area, gross." For residential buildings, any attic space with a floor-to-ceiling height of 7.5 feet or greater shall be included as part of gross floor area, as shall those portions of any basement with a floor-to-ceiling height of 7.5 feet or greater if the basement is considered a "story" in accordance with one of the following three alternative measurements:
Where the finished surface of the floor above the basement is more than six feet above average grade.
Where the finished surface of the floor above the basement is more than six feet above the finished ground level for more than 50% of the total building perimeter.
Where the finished surface of the floor above the basement is more than 12 feet above the finished ground level at any point along the building perimeter.
The gross floor area in square feet of all buildings on a lot divided by the area of such lot in square feet.
The number of oscillations per second of a vibration.
The area of the public right-of-way directly in front of a structure, identified by drawing a perpendicular line from each corner of the structure to the public rights-of-way.
The extent of a building or a lot along a street as defined herein.
The wall nearest to and facing the street on which the lot fronts.
The establishment of a funeral director or undertaker, which may or may not include facilities for the conduct of funeral services.
An accessory building or part of a main building used only for the permitted storage of motor vehicles for the owner's private use.
A building or part thereof used for the storage, care and repair of motor vehicles for remuneration, with or without the sale of motor fuels dispensed from pumps located within the garage building, and any sale of motor vehicle accessories or where motor vehicles are kept for hire or sale.
Any area of land, including structures thereon, or any building or part thereof that is used for the sale of motor fuels or motor vehicle accessories, and which may include facilities for lubricating, washing or otherwise servicing motor vehicles, including body work, repairs or painting thereof, but clearly accessory to the gasoline filling station use.
A residential community which can be comprised of detached, semidetached, attached and multifamily dwelling units, all designed for active adults, in which the central focus of the community is an affiliated membership club having an eighteen-hole golf course and other recreational facilities adjoining the golf course community. The owners of all residences in a golf course community shall be required to be members of the affiliated club. A golf course community is permitted only in the Golf Course Community Floating Overlay District.
The permanently established elevation of the center line of a street in front of the midpoint of the lot.
The finished grade of any point along the wall of a building shall be the elevation of the completed surfaces of lawns, walks and roads adjoining the wall at that point.
Any building or structure constructed mainly of translucent material and used as a conservatory for the growing and protection of flowers and plants and for the propagation and culture thereof.
See "coverage, gross land."
Water in the subsurface area beneath the water table in which all open spaces are filled with water.
That area from which water is added to the saturated zone by natural processes, such as infiltration or precipitation, or artificial processes, such as induced infiltration.
A program licensed pursuant to § 390 of the New York Social Services Law and means a home wherein day-care services are provided for up to 10 children of all ages, including not more than four children under two years of age, or up to 12 children where all such children are over two years of age. A group family day-care center may also provide day-care center services to two additional children if such additional children are of school age and such children receive services only before or after school hours.
Any floor usable for living purposes, which include working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage purposes shall not be considered a "habitable floor."
The vertical distance to the level of the highest point of the roof, if the roof is flat or mansard, or to the weighted mean level between the eaves and the highest point of the various sections (planes) of the roof, if the roof is of any other type; provided that in the latter case, the height of the highest section (plane) of the roof shall not be more than five feet above the maximum height permitted. Building height shall be measured as follows, unless otherwise provided in a particular district:
If the building adjoins the front property line or is not more than 10 feet distant therefrom, measured at the center of the front wall of the building from the established street grade, or if no such grade has been officially established, measured from the average grade across the front of the building.
If the building is more than 10 feet from the front property line, measured from the average grade of the building.
When a lot fronts two or more streets of different levels, the lower street, or the average elevation of the lot with regard to the abutting streets, may be taken as the base for measuring the height of the building.
The vertical distance measured from the ground level, including any base pad, to the highest point on a tower-based wireless communications facility, including antennas mounted on the tower and any other appurtenances.
The vertical distance measured from the ground level, including any base pad, to the highest point on a communications tower, including communications antennas mounted on the tower and any other appurtenances.
An area used for the landing and takeoff of passenger helicopters only, but not including any auxiliary or related helicopter services, such as refueling, maintenance, storage or passenger or cargo loading facilities, except for outdoor tie-down space.
Any use customarily conducted entirely within a dwelling and carried on only by the residents thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes, does not change the character thereof, does not have any exterior evidence of such secondary use other than a permitted name plate and does not involve merchandising, trade or the exchanging of commodities by sale. The conducting of a clinic, hospital, barbershop, beauty parlor, photographer or artist salon, real estate and/or insurance office, tea room, tourist home, animal hospital or any similar use shall not be deemed to be a home occupation. Any business enterprise or activity which shall require a license or permit from the Town or from any bureau or department of the county or state shall be deemed not to be a home occupation.
An institution providing health services for human inpatient or medical or surgical care for the sick or injured, and including related facilities such as laboratories, outpatient departments, training facilities, central service facilities, and staff offices which are integral parts of the facility. The term shall not be deemed to include a nursing, rest or convalescent home, medical clinic, or home for the aged.
A building, or portion thereof, containing rooms, with or without individual kitchen facilities, occupied by transient guests who are lodged, with our without meals, which rooms have primary access from public halls, and in which building or portion thereof there are certain public rooms and halls for the use of all guests, and in which are provided such services as are incidental to the use thereof as a temporary residence.
A business enterprise primarily engaged in selling ice cream, custard or other frozen ices for consumption either on or near the premises. Take-home packages also may be provided. (See also "restaurant," "restaurant, carry-out," and "restaurant, fast-food.")
Earth-borne oscillations occurring in discrete pulses at or less than 100 per minute.
The use of more than 200 square feet of the area of any lot, whether inside or outside a building, or the use of any portion of that half of any lot that adjoins any street for the storage, keeping or abandonment of junk or scrap materials or the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof or any collection of two or more old or secondhand motor vehicles no longer intended or in condition for legal use on the public highways.
A use or building in which the principal activity is the keeping, raising, breeding or boarding of dogs or cats or other animals which may be considered household pets. For the purpose of this chapter, any such activity, excluding boarding, shall not be considered a kennel where accessory to a principal residential use, provided that not more than four animals exceeding six months of age are kept.
A measure of the operating condition of a highway, given in terms of letter grades from A to F, as defined in the 1965 Highway Capacity Manual, Special Report 87, published by the Highway Research Board.
Any off-street space available for the loading or unloading of goods and complying with the requirements specified in Article IX of this chapter.
A parcel of land, not divided by streets, devoted to or to be devoted to a particular use, or occupied or to be occupied by a building or buildings, together with such open spaces as are required under the provisions of this chapter, and having its principal frontage on a street as defined in this chapter.
The total horizontal area included within lot boundaries.
Lot area minus 75% of the area of any wetlands, water bodies, and watercourses, but excluding any adjacent areas, all as defined in Chapter 340, Wetlands and Watercourse Protection, of the Town Code, and the area of any steep slopes, as defined herein, except that in the case of one-family lots, the deduction for steep slopes shall be only 50%.
A lot located at the junction of and fronting on the rights-of-way of two or more intersecting streets.
The mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lot lines.
In the case of a lot abutting upon only one street, the line separating the lot from the street; in the case of any other lot, the owner shall, for the purpose of this chapter, have the privilege of electing any street lot line as the front lot line, except that where the majority of lots in any block are developed, the owner shall select the same front lot line as used by such other lots. In subdivisions approved by the Planning Board, said Board may designate the front lot line on any lot having frontage on more than one street.
The lot line which is generally opposite the front lot line. If the rear lot line is less than 10 feet in length, or if the lot comes to a point at the rear, the rear lot line shall be deemed to be a line parallel to the front line, not less than 10 feet long, lying wholly within the lot and farthest from the front lot line.
The property lines bounding a lot as defined herein.
The property line or lines extending from the front lot line to the rear lot line.
The mean horizontal distance between the side lot lines, measured at right angles to the lot depth.
A dwelling unit, the rental or sales price of which does not exceed the maximum allowable level established by § 355-24I(4) of this chapter.
Families whose aggregate income, including the total of all current annual income of all family members from any source whatsoever at the time of application, but excluding the earnings of those under 21 years of age attending school full-time, shall not exceed the following multiple of the median annual Town-paid salaries of all full-time employees of the Town of North Castle as listed in the Town budget for each year:
Number of Persons in Family | Multiplier |
|---|---|
1 | 1.20 |
2 | 1.35 |
3 | 1.45 |
4 | 1.57 |
5 | 1.65 |
6 | 1.75 |
7 | 1.85 |
8 or more | 1.95 |
As defined in the standards, rules and regulations for mobile homes (Article 19-AA of the Executive Law of the State of New York). (See also "factory-manufactured home," "motor home," "travel trailer" and "pickup coach.")
A building, or portion thereof, containing rooms occupied primarily by transient guests who are lodged with or without meals and which rooms have primary access from public halls; in which there are certain public rooms and halls for use of all guests; and in which are provided such services as are incidental to the use thereof as a temporary residence.
A portable, temporary dwelling designed to be used for travel, recreation and vacation, constructed as an integral part of a self-propelled vehicle. (See also "factory-manufactured home," "mobile home," "travel trailer" and "pickup coach.")
Town of North Castle, Westchester County, State of New York.
Any construction on a lot not previously developed.
A use of a building or of land that does not conform to the regulations as to use in the district in which it is situated, which use was lawful under the Zoning Ordinance at the time the use was established.
All nontower wireless communications facilities, including but not limited to, antennas and related equipment. Nontower WCF shall not include support structures for antennas and related equipment.
Any place used as a garden for the open cultivation and growing of trees, shrubs and other plants, including the replanting of said plants grown at places other than the nursery.
A place, building or structure designed to provide care or instruction for two or more children under six years of age.
The same as "nursery, day."
See "convalescent home."
A means of dividing the range of sound frequencies into octaves, in order to classify sound according to pitch.
An instrument, standardized by the American Standards Association, used in conjunction with a sound-level meter to take measurements in specific octave bands.
A map adopted by the Town Board, showing streets, highways and parks already laid out, adopted and established by law. Drainage systems may also be shown on this map.
An accessory use of areas on a lot external to any building that represents the principal use of the lot for the purpose of displaying merchandise for sale or rent, for locating tables, chairs or other furnishings to support such activity or for the purpose of selling or serving food and beverages for consumption outdoors. Where related to a commercial use, outdoor display, sales and service shall include any extension of the permitted commercial use to outdoor areas or facilities.
An off-street area containing one or more parking spaces with passageways and driveways appurtenant thereto.
An off-street space available for the parking of one motor vehicle on a transient basis and complying with the requirements specified in Article IX of this chapter.
Any structure or portion of a structure which is used as a place to park automobiles in excess of 12 hours, or for airport parking, as a primary use in an industrial district, with or without valet parking services on the site.
Any structure or portion of a structure which is used solely as a place to park automobiles as an accessory use in a nonresidential district.
Any finely divided liquid or solid matter, including smoke, capable of being air- or gasborne.
Any individual or group of individuals, corporation, partnership, association or any other entity, including state and local governments and agencies.
A commercial activity where the customer is typically present and is the direct object of the services received and characterized by the direct on-premises sale of services to the ultimate customer, such as a barbershop or beauty parlor, shoe repair, dry cleaning, tailoring or dressmaking, optician, personal training, dance studio, karate studio, or other small group instruction, video rental shop, photographic studio and other similar services. Service businesses engaged in providing services involving the care of an animal shall not be deemed a personal service establishment.
A structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation. (See also "factory-manufactured home," "mobile home," "motor home" and "travel trailer.")
A roofed-over structure projecting out from the wall or walls of a main structure and often open to the weather.
That area immediately overlying the stratified-drift aquifer and adjacent areas of stratified drift that may have a sufficient saturated thickness to be part of the aquifer. The boundary of the primary recharge area is the contact between the stratified drift and adjacent till or bedrock.
A design for a small wireless communications facility that has been reviewed and deemed to be in accordance with the design requirements herein and approved for construction by the Municipality.
A roadway servicing a residential development and designed to an alternate standard which shall not be offered to the Town of North Castle for dedication as a public roadway.
A building or group of buildings for education, lectures, seminars and the training of professional and business personnel. Buildings may include offices, conference rooms, seminar rooms, training equipment, ancillary services, housing and eating accommodations and recreational facilities for the use of the participants and administrators. No restaurant, tavern, catering hall, nightclub, hotel, motel or inn serving the public shall be operated and maintained.
An active, registered professional engineer (PE), licensed as such by the State of New York.
A person who practices an occupation in which some department of science or learning is applied to the affairs of others, either advising or guiding them or otherwise serving their interests or welfare in the practice of an art founded on such knowledge. The word "professional" implies attainments in knowledge as distinguished from mere skill, and the application of such knowledge to serve others. A professional license issued by the State of New York or validated membership in a national professional organization may be considered sufficient to establish the status of a professional person.
The surface of and space above and below any real property in the Municipality in which the Municipality has a regulatory interest, or interest as a trustee for the public, as such interests now or hereafter exist, including, but not limited to: the total extent of land reserved or dedicated as a street way/alley/lane for public or private purpose; all streets, highways, avenues, roads, alleys, sidewalks, tunnels, viaducts, bridges, skyways, or any other public place, area or property under the control of the Municipality; any unrestricted public or utility easements established, dedicated, platted, improved or devoted for utility purposes, but excluding lands other than streets that are owned by the Municipality. The phrase “in the right(s)-of-way” means in, on, over, along, above and/or under the right(s)-of-way.
A recreational facility entirely indoors conducted for commercial purposes, with or without limited spectator seating and providing accommodations for a variety of individual or organized sports, including, but not limited to, basketball, ice hockey, wrestling, soccer, tennis, volleyball, racquetball, or handball. Such facility may also provide other regular organized events, health and fitness club facilities, baseball/softball, golf, dance studios and instruction, music schools and instruction, martial arts studios and instruction, skateboard facilities, trampoline or gymnastics facilities, swimming pool, snack bar, restaurant, retail sales of related sports, health or fitness items and instruction in any of the foregoing or similar activities as well as other support facilities. Additionally, a recreational center may include open, partially enclosed or screened facilities, conducted for commercial purposes with any of the uses included above and also including uses such as athletic fields, miniature golf, golf practice, swimming, bathing, and wading.
Any piece of equipment related to, incidental to, or necessary for, the operation of a wireless communications facility. By way of illustration, not limitation, related equipment includes generators and base stations.
A business enterprise engaged in serving and preparing food and beverages selected from a full menu by patrons seated at a table or counter, served by a waiter or waitress and consumed on the premises. (See also "cafeteria," "cabaret," "ice cream and frozen custard stand," "restaurant, carry-out," and "restaurant, fast-food.")
A business enterprise primarily engaged in the retail sale of food or beverage products for consumption off the premises but which also includes the incidental sale of ready-to-consume food and beverages from a counter-type installation for consumption on the premises where patrons usually select their orders from a posted menu and service and cleanup is generally performed by the customer, provided that the area devoted to customer seating represents less than 25% of the gross floor area of the establishment and complies with the area requirements of the New York State Uniform Fire Prevention and Building Code, whichever is less. A carry-out restaurant may have up to a maximum of eight seats. The term "carry-out restaurant" shall not include bakeries, delicatessens, grocery stores or other food sales establishments not providing customer seating on the premises.
A restaurant devoted to the preparation and offering for sale of food and beverages to the public for consumption either on or off the premises and which is required by contractual or other arrangements to offer any of the following: standardized menus, logos, ingredients, food preparation, decor, uniforms, or similar standardized features, where the floor area available for dining is less than 1/2 of the gross floor area and a major portion of the sales to the public is at a drive-in or stand-up-type counter. The term "fast-food restaurant" shall not include bakeries, delicatessens or similar types of retail establishments. (See also "cafeteria," "cabaret," "ice cream and frozen custard stand," "restaurant, carry-out," and "restaurant.")
A chart for determining the density of smoke and which is issued by the Federal Bureau of Mines.
Relating to, formed by or resembling a river (including tributaries), stream, brook, etc.
See "boardinghouse."
The zone beneath the land surface in which all open spaces are filled with water.
A kindergarten, primary or secondary school not operated by a public school district but furnishing a comprehensive curriculum of academic instruction similar to that of a public school, or a nursery school specifically designed and used to provide care or instruction for two or more children under six years of age.
An educational institution operated by a public school district under the laws of the State of New York.
Housing limited in occupancy to persons who have attained the age of 62 years or more on the date that they initially occupy the dwelling unit, as regulated by the Federal Fair Housing Act, or 55 years or more on the date that they initially occupy the dwelling unit, as regulated by the Federal Fair Housing Act, to be determined by the Town Board on a case-by-case basis at the time of each zoning approval.
Sludge produced by domestic wastes that is pumped from septic tanks.
Any structure or part thereof, or any device attached thereto or painted thereon, or any material or thing, illuminated or otherwise, which displays or includes any numeral, letter, word, model, banner, emblem, light, device, trademark or other representation used as an announcement, designation, direction, display or advertisement of any person, firm, group, organization, commodity, service, profession or enterprise when placed in such manner that it provides visual communication to the general public out-of-doors, but not including the following:
Signs maintained or required to be maintained by law or governmental order.
The flag or insignia of any government or governmental agency.
The flag of any civic, political, charitable, religious, fraternal or similar organization, which is hung on a flagpole or mast.
Religious or other seasonal holiday decorations which do not contain commercial lettering, wording, designs, symbols or other devices.
Where a sign consists of a single board or face with information on one or both sides, the area which results by including the outside dimensions of such sign, not including the vertical, horizontal or diagonal supports which may affix the sign to the ground or to a structure or building, unless such supports are evidently designed to be part of the sign as defined herein. Where a sign consists of several individual faces, the area shall be the maximum projected area of all such faces which can be observed from any one point. Where the sign consists of individual letters or symbols attached to or painted on a building, the area shall be considered to be that of the smallest basic geometric shape (rectangle, triangle or circle) which encompasses all of the letters, symbols and/or any background of a different color than the color of the building.
A plan which shows the proposed development and use of land and/or structures, consisting of a map and all necessary supporting material demonstrating compliance with all criteria, matters and items as established in Article VIII of this chapter.
A site, lot, parcel or portion thereof for which application is made pursuant to the density transfer provisions of this chapter and to which site, lot, parcels or portion thereof the density or development rights applicable in the DOB-20A District are transferred or conveyed from a transferor site.
A site, lot, parcel or portion thereof for which application is made pursuant to the density transfer provisions of this chapter and from which site, lot, parcel or portion thereof the density or development rights applicable in the DOB-20A District are transferred or conveyed to a transferee site.
A wireless communications facility that meets the following criteria:
The structure on which antenna facilities are mounted
Each antenna associated with the deployment (excluding the associated equipment) is no more than three cubic feet in volume;
All antenna equipment associated with the facility (excluding Antennas) are cumulatively no more than 28 cubic feet in volume;
The facilities do not require antenna structure registration under 47 CFR Part 17;
The facilities are not located on Tribal lands, as defined under 36 CFR 800.16(x); and
The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 CFR 1.1307(b).
Any emission into the open air from any source, except emissions of uncontaminated water vapor.
A measure of the quantity of smoke being discharged and is the number obtained by multiplying the smoke density in a Ringelmann Smoke Chart by the time of emission in minutes. For example, the emission of Ringelmann Smoke Density Number 1 for one minute equals one smoke unit.
A device or combination of devices which relies upon solar radiation as an energy source that is employed for the purposes of heating or cooling a building, the heating of water or the generation of electricity.
An instrument, standardized by the American Standards Association, used for measurement of the intensity of sound and calibrated in decibels.
Land areas in the Town of North Castle which are the following:
A use within a district which possesses unique and special characteristics so as to require special conditions in addition to the general conditions and shall be subject to the issuance of a special use permit by the Town Board in accordance with the applicable provisions of this chapter.
Land, buildings and other facilities wherein horses are kept for the private use and enjoyment of the horse owners.
Continuous earth-borne oscillations. Discrete pulses that occur more than 100 times per minute shall be considered steady-state vibrations.
Camouflaging methods applied to wireless communications facilities and accessory equipment which render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure and facilities constructed to resemble trees, shrubs, and light poles.
A natural geographical area, whether on one or more lots, which has a ratio of vertical distance to horizontal distance of 25% or greater over a horizontal area measuring at least 25 feet in all directions.
That portion of a building included between the surface of any floor and the surface of the floor next above it or, if there shall be no floor above it, then the space between the floor and the top of the ceiling beam next above it. A parking structure located under a building shall not constitute a story, provided that at least one side is below the finished grade and that suitable and adequate screening and architectural detailing as may be required by the Planning Board and/or the Architectural Review Board are approved.
A story with at least two opposite exterior sides meeting a sloping roof not more than two feet above the floor of such story.
Unconsolidated sediment composed of layers of sand, gravel, silt or clay or similar deposits that are capable of yielding usable amounts of water, potentially in amounts greater than household supply wells.
An existing state, county or Town highway, or a way shown upon a subdivision plat approved by the Town Planning Board, as provided by law, or on a plat duly filed and recorded in the office of the County Clerk prior to the appointment of the Town Planning Board and the grant to such Board of the power to approve subdivision plats.
The dividing line between a street and a lot.
Anything that is constructed or erected which requires a location on the land or attachment to something having such location, including but not limited to the following:
Signs or billboards.
Fences other than those less than four feet high.
Walls other than those less than four feet high.
Radio and television antennas, except for such antennas installed on a roof of a building, which antennas shall be considered fixtures of the building.
Pergolas, canopies, porches, patios, terraces, decks, outdoor bins, toolsheds, carports, satellite antennas, equipment and storage buildings or sheds, swimming pools, swimming pool filter pads, tennis, basketball or other similar sports courts, driveways, parking areas, doghouses or sheds.
Tents in excess of 200 square feet in total, mobile homes, trailers or similar structures on wheels or other supports used for business or living purposes. Tents shall not require site plan approval or be required to meet the minimum setback requirements for a principal or accessory structure; notwithstanding, in no case shall tents be located in the front yard. In addition, tents shall not count toward the calculation of gross land coverage, gross floor area and floor area ratio. Furthermore, tents shall not require the provision of off-street parking.
A building permit shall be required prior to the construction or erection of any structure.
All buildings are structures. For the purposes of setback requirements, classification of buildings as "principal" or "accessory" shall be controlling.
A building permit shall not be required for anything equal to or less than 64 square feet in area and eight feet in height, and such shall not be considered a structure. Notwithstanding the foregoing, a building permit shall be required for the installation of a power generator of any size and for the installation out of doors of any other equipment which would generate audible noise at any property boundary. (See § 355-15Q.)
For floodplain management purposes, a "structure" shall mean a walled and roofed building, including a gas or liquid storage tank, that is principally above the ground, as well as a mobile home.
A modification to an existing wireless communications facility substantially changes the physical dimensions of a tower or wireless support structure if it meets any of the following criteria:
For wireless communications facilities outside the public rights-of-way, it increases the height of the facility by more than 10%, or by the height of one additional antenna array with separation from the nearest existing antenna, not to exceed 20 feet, whichever is greater; for wireless communications facilities in the public rights-of-way, it increases the height of the facility by more than 10% or 10 feet, whichever is greater;
For communications towers outside the public rights-of-way, it protrudes from the edge of the tower by more than 20 feet, or more than the width of the tower at the level of the appurtenance, whichever is greater; for those wireless communications facilities in the public rights-of-way, it protrudes from the edge of the support structure by more than six feet;
It involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets;
It entails any excavation of deployment outside the current site of the communications tower; or
It does not comply with conditions associated with prior approval of construction or modification of the wireless communications facility unless the noncompliance is due to an increase in height, increase in width, or addition of cabinets.
Any repair, reconstruction or improvement of a structure, the cost of which exceeds 50% of the value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. 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 structure. The term does not, however, include either:
Any project for improvement of a structure 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 structure listed on the National Register of Historic Places or the Statewide Inventory of Historic and Cultural Resources.
For the purposes of wireless communications, any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land, upon or to which wireless communications facilities may be attached, approved by the Municipality.
The occasional sale of goods contained on a lot and conducted on the same lot.
A facility from which vehicles are dispatched and/or where vehicles and drivers stand by for calls. Taxi and limousine dispatch facilities shall not include courier services, delivery services and other similar uses. Taxi and limousine dispatch facilities do not include dispatch office facilities on a site separate from the location where the vehicles used by the business are parked or stored between calls, which are instead considered "business and professional offices and studios."
The alteration or reconstruction of a dwelling either in its entirety or substantially down to the first floor deck, as determined by the Town Building Inspector.
An uncovered flat platform of earth with or without a surface material or retaining walls. A terrace with a roof or awning shall be considered a porch.
A device for recording the intensity of any vibration in three mutually perpendicular directions.
A self-supporting lattice tower, guy tower, monopole, or any other pole, that is constructed primarily to support an antenna for receiving and/or transmitting wireless service.
A tower and its supporting antennas, including, but not limited to, self-supporting lattice towers, guy towers and monopoles. Distributed antenna system hub facilities are considered to be tower-based WCFs.
A comprehensive plan for development of the Town, prepared by the Planning Board pursuant to § 272-a of the Town Law, which indicates the general location recommended for various public works and reservations and for the general physical development of the Town, and includes any part of such plan separately adopted and any amendment to such plan or parts thereof.
One of two or more units in a building, which unit is designated for and occupied exclusively as a home or residence for not more than one family living independently of any other family, separated from other units by a ground-to-roof party wall or walls.
Any solid, liquid or gaseous matter, including but not limited to gases, vapors, dusts, fumes and mists, containing properties which by chemical means are:
A vehicular portable structure built on a chassis, designed to be used primarily as a temporary dwelling for travel, recreation and vacation uses, having a body width not exceeding eight feet and a body length not exceeding 32 feet. (See also "factory-manufactured home," "mobile home," "motor home" and "pickup coach.")
A zoning district, or sub-area thereof, in which all utility installations are required to be installed underground on a nondiscriminatory basis.
The specific purpose for which land, water or a building or structure is designed, arranged or intended or for which it is or may be occupied or maintained.
A use which is customarily incidental and subordinate to the principal use on a lot and located on the same lot therewith.
A use of a building or of land that does not conform to the regulations as to use in the district in which it is situated, which use was lawful at the time this chapter or amendments thereto became effective.
Any person, firm, corporation or municipal agency duly authorized to furnish to the public, under public regulation, electricity, gas, water, sewage treatment, steam, cable television, telephone or telegraph. This definition does not include battery energy storage systems or similar facilities.
For the purposes of the flood insurance program, a variance shall be a grant of relief by the Town of North Castle, or an official agency thereof, from the terms of a floodplain management regulation.
Any self-propelled vehicle designed primarily for transportation of persons or goods along public and private roads and thoroughfares.
Any visible or tangible obstruction to sight or passage of humans or animals, excluding vegetation, interposed between two portions of land or which divides a piece of land into distinct portions.
A structure built or designed to retain or restrain lateral forces of soil or other materials, said materials being similar in height to the height of the wall.
Transmissions through the airwaves including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.
Any equipment serving or being used in conjunction with a wireless communications facility or wireless support structure. The term “wireless accessory equipment” includes but is not limited to utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or similar structures.
An apparatus designed for the purpose of emitting radiofrequency (RF) radiation, to be operated or operating from a fixed location pursuant to FCC authorization, for the provision of wireless service and any commingled information services.
The antennas, nodes, control boxes, towers, poles, conduits, ducts, pedestals, electronics and other equipment used for the purpose of transmitting, receiving, distributing, providing, or accommodating wireless communications services.
Any person that applies for a wireless communication facility building permit, zoning approval and/or permission to use the public rights-of-way or other Municipal-owned land or private property.
Any person that owns or operates a wireless communication facility in the public rights-of-way or other Municipal-owned land or private property.
Wood processing, including receipt and indoor storage of treated wood, application of bleach, sanding, stain and topcoat of specimens.
An open space on the same lot with a building or group of buildings, which open space lies between the building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward, except as may be specifically authorized in this chapter. In measuring a yard, as hereinafter provided, the "line of a building" shall be deemed to mean a line parallel to the nearest lot line, drawn from a point of a building or the point of a group of buildings nearest to such lot line, and the measurement shall be taken at right angles from the line of the building as defined herein to the nearest lot line.
A yard extending across the full width of the lot and lying between the front line of the lot and the nearest line of the building.
A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the building.
A yard between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard or, in the absence of either of such yards, to the front and rear lot line, as the case may be.