The following definitions of words and terms shall be used in the interpretation, administration and enforcement of this chapter:
ACCESSORY STRUCTURES
A structure subordinate to the principal building on a lot and used for purposes customarily incidental to those of the principal building. Examples include, but are not limited to garages, sheds, boathouses, fences, swimming pools, and satellite dish antennas. See § 205-14, Accessory structures and uses.
ACCESSORY USES
A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building. See § 205-14, Accessory structures and uses.
AGRIBUSINESS
Commercial activities involving either the processing, storing, packaging, or transport of raw agricultural products or the sale of agriculturally related services or goods.
AGRICULTURE
The raising of agricultural crops, dairy and/or livestock products, except where such is an accessory and noncommercial garden to a principal residential use on the same lot. The term includes the necessary farm structures within the prescribed limits and the storage of equipment used on the premises.
ALTERATION
A change or rearrangement in the structural parts or in the entrance and exit facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.
ANIMAL HOSPITAL
An establishment for the medical and/or surgical care of sick or injured animals, including animal shelters.
ANTIQUE SALES
Business devoted to the sale of a work of art, agricultural implement, piece of furniture or decorative object made at least 25 years ago.
APPEAL
A request for a review of the interpretation of any provision of this law or a request for a variance.[1]
AREA VARIANCE
The authorization by Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or topographical requirements of the applicable zoning regulations.
ART STUDIO
Enclosed place for the production and sales of crafts and arts produced on-site.
AUTO WASH
A structure designed or intended primarily for the washing of automobiles, including conveyor, drive-through and self-service types.
BASEMENT
A space of full story height partly below grade and having at least half of its clear floor-to-ceiling height above the established grade of the street center line, or if no grade has been officially established on the street, measured from the average level of the proposed finished grade across the front of the building.
BED-AND-BREAKFAST
An owner-occupied place of lodging that has four guest rooms or fewer and may serve meals only to guests.
BOARDINGHOUSE
An owner-occupied dwelling, or part thereof, in which lodging is provided for a fee by the owner or operator to not more than eight borders.
BUILDING
Any roofed structures intended for the shelter, housing or enclosure of persons, animals or property. When a building is divided into entirely separate parts extending from the ground up, each part so divided is deemed a separate building. See also "gross floor area," "accessory structure" and "principal building."
BUILDING, FRONTAGE
That side of any building facing a public street.
BUILDING, HEIGHTS OF
The vertical distance measured from the established grade at the street center line or if no grade has been officially established on the street, measured from the average level of the proposed finished grade across the front of the building to the highest point of the roof for flat roofs; to the deckline of mansard roofs; and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
BUILDING, PRINCIPAL
A building in which is conducted the main or principal use of the lot on which said building is situated.
BUSINESS AREA
The total ground area covered by a principal building, accessory structures, parking and including outdoor display and storage areas integral to the business.
CAMPGROUND
A parcel of land on which three or more campsites are located and maintained as temporary living quarters for commercial gain.
CAR WASH
The commercial use of a building or portion of a building for washing of automobiles or other motor vehicles.
CERTIFICATE OF OCCUPANCY
A certificate issued by the Code Enforcement Officer indicating that a structure or the use of land is in compliance with any approved site plan, conditions on approval and with this chapter.
CHURCH
Any place devoted to organized worship on a regular basis.
CODE ENFORCEMENT OFFICER
The administrative officer designated by the Town Board to administer and enforce the zoning, subdivision, and sanitary regulations.
COMMERCIAL COMMUNICATIONS FACILITIES
Establishments furnishing point-to-point communication services whether by wire or radio, either aurally or visually, including radio and television broadcasting and the exchange of messages, including necessary aerials and towers.
COMMERCIAL EXCAVATION
The mining of minerals including sand and gravel primarily for gain, not including extraction operated for the noncommercial use of the landowner. The term also includes quarrying; milling, such as crushing, screening, washing and flotation; and other preparation customarily conducted at the mining site or as part of a mining operation.
COMMERCIAL RECREATION
A recreation facility designed and equipped for the conduct of sports and other leisure time activities which is operated as a business and open to the public for a fee.
COMMERCIAL SERVICES
Establishments primarily providing services, as opposed to products, to the general public, including but not limited to personal services, business services, repair services (except motor vehicle repair), educational services, social services; legal, accounting, engineering and other professional services, and including laundromats.
COMMUNITY RESIDENCE
As in the New York Code of Rules and Regulations part 417, and shall for the purposes of this chapter be interchangeable with "agency group home" and "temporary home" as defined in those regulations. Such residential facilities must be authorized by the New York State Board of Social Welfare or by the New York State Commissioner of Mental Hygiene and living as a single, stable housekeeping unit.
CONDITIONAL USE
A use that would not be appropriate generally or without restriction throughout the zoning district, but which, if controlled as to, area, location, layout, and design would be compatible with other uses permitted in the zoning district. Such use may be permitted in certain zoning districts by special permit as a conditional use, if all the specific standards established in § 205-13, Conditional uses, are satisfied.
CRAFT STUDIO
Enclosed place for the production and sales of crafts and arts produced on-site.
DAY-CARE CENTER
Any care arrangement for persons under the age of 18 or over the age of 60 that provides day care on a regular basis for more than four hours per day for more than five persons, for payment or reimbursement.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling operations.
DRIVEWAY
Vehicle travel lane between a public road and a parking area, not including field entrances. A divided driveway is so designed that traffic entering it is separated from traffic leaving it by a raised median or other physical barrier is considered a single driveway unit.
DWELLING UNIT
A building or portion thereof, providing complete housekeeping facilities for one family, including living, cooking, sanitary and sleeping facilities.
DWELLING, CONDOMINIUM
A building or group of buildings in which units are owned individually, and the structure, common areas and facilities are owned by all the owners on a proportional, undivided basis.
DWELLING, MULTIPLE-FAMILY
See "multiple-family dwellings."
DWELLING, ONE-FAMILY
See "one-family dwelling."
DWELLING, TOWNHOUSE
A one-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each is separated from any other unit by one or more common fire resistant walls.
DWELLING, TWO-FAMILY
See "two-family dwelling."
EASEMENT
A grant of one or more property rights by the property owner to and for the use of the public, a corporation, or another person or legal entity.
FAMILY
From one to 10 persons occupying the premises living as a single stable housekeeping unit in which persons live and cook together, as distinguished from a group occupying a boarding house, apartment house, club, fraternity, or hotel.
FARM
A parcel of land used for agricultural activities, with a minimum of five acres.
FENCE
An artificially constructed barrier of any material or combination of materials erected to enclosed or screen areas of land.
FIELD ENTRANCE
A driveway serving a farmyard, cultivated or uncultivated field, timberland or undeveloped land, and not used for commercial, residential or industrial purposes.
FLOATING ZONING DISTRICT
An unmapped zoning district, such as the Planned Unit Development District, which is fixed on the Zoning Map only after an application for the establishment for such a district is approved by the Town Board. See § 205-12, Planned Unit Development District.
FLOOD
A general and temporary condition of partial or complete inundation of normally dry land areas from overflow of inland waters and/or unusual accumulation or runoff of surface waters.
FORESTRY
The commercial operation of timber tracts, tree farms, forest nurseries, including the gathering and/or harvesting of forest products. Sawmilling activities are considered to be a natural resource based industry, and is not included within the definition of forestry.
FUNERAL HOME
A building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected before burial or cremation.
GARAGE SALE
Also known variously as a "lawn sale," "porch sale," "barn sale," or "rummage sale," garage sales are sales of tangible personal property held on the premises of the owner, conducted for no more than 14 days in any calendar year.
GARAGE, PRIVATE
A roofed space for the storage of one or more motor vehicles, provided that no business, occupation or service is conducted for profit therein or space for more than one car is leased to a nonresident of the premises.
GARAGE, PUBLIC
A building or part thereof, used primarily for the storage, hiring, selling, greasing, washing, servicing or repair of motor-driven vehicles, operated for gain.
GASOLINE STATION
Any area of land, including structures thereon, that is used or designed to be used for the sale of gasoline or oil or other motor vehicle fuel and which may include facilities for lubricating, washing, cleaning or otherwise servicing motor vehicles, but not including the painting or major repair thereof. The term "gasoline station" shall be deemed to include a filling station, a service station, and combination gas stations and convenience stores.
GRANDFATHER CLAUSE
A use of land which lawfully existed prior to the enactment of a zoning law, and which is maintained after the effective date of the local law although it does not comply with use restrictions applicable to the area in which it is situated is referred to as a "nonconforming use." The "grandfather clause" means that any use that was legal when it was established can, if not abandoned or otherwise impermissibly changed, be continued indefinitely, despite a change in the zoning regulations making such use illegal.
GROSS FLOOR AREA
The sum of the gross horizontal area of the several floors of a building and its accessory buildings on the same lot, including basement areas devoted to residential use and the area of bays, dormers, roofed porches and roofed terraces. All dimensions shall be measured between exterior faces of walls.
HAZARDOUS
Any building or structure which is structurally unsafe, unsanitary, constitutes a fire hazard, harbors vermin, or is otherwise dangerous to human life, or uses which in relation to existing conditions constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment.
HAZARDOUS WASTE
Any waste material defined as a hazardous waste in 6 NYCRR Part 371, § 371.1(d), Definition of hazardous waste. A copy of 6 NYCRR Part 371 is available in the County Planning Office library.
HEALTH CARE FACILITY
Unless otherwise specified, the term "health care facility" shall be deemed to include a hospital, clinic, rest home, nursing home, sanitarium, or any other place for the diagnosis, treatment and/or other care of human ailments, addictions, developmental disability, or old age.
HOME OCCUPATION
An accessory occupation or business activity which results in a product or a service for financial gain that is conducted in whole or part on the residential premises.
HOSPITAL
An institution providing health services and medical or surgical care to persons suffering from illness, disease or injury.
HOSPITAL, ANIMAL
A place where animals or pets are given medical or surgical treatment and the Boarding of animals is limited to short-term stays necessary for veterinary care.
HOTEL or MOTEL
A facility offering transient lodging accommodations to the general public for a fee.
INN
An owner-occupied place of lodging that has 12 guest rooms or fewer, and may include a public tavern and restaurant which also serve nonguests.
JUNKYARD
See "salvage yard."
KENNEL
Any lot, premises or structure on or in which six or more canines more than six months of age are housed for commercial gain.
LANDFILL
A site for solid waste disposal operated in accordance with applicable state law.
LANDFILL, SANITARY
A solid waste disposal site in which the waste is spread in thin layers, compacted to the smallest practical volume and covered with soil in a systematic and sanitary manner.
LAUNDROMAT
An establishment providing washing, drying, or dry-cleaning machines on the premises for rental use to the general public.
LIGHT MANUFACTURING OR ASSEMBLY
An establishment engaged in the mechanical or chemical transformation of materials or substances into new products including the assembling of component parts, the manufacturing of products and the blending of materials inside an enclosed structure.
LIVESTOCK
Agricultural animals raised for direct human consumption or use or for the consumptive use of their body parts or products, including eggs, milk, hair, hide and meat, specifically including hogs, horses, ponies, cattle, deer, sheep, goats, fowl and fur-bearing animals.
LOADING SPACE
An off-street space or berth, no smaller than a parking space, used for loading or unloading of vehicles.
LOT
A parcel of land considered as a unit, occupied or capable of being occupied by a principal building or use and accessory buildings or uses, or by a group of buildings united by a common use or interest.
LOT AREA
The total area included within lot lines of a lot excluding any highway rights-of-way.
LOT LINES
The property lines bounding the lot.
A.
LOT LINE, FRONT
The lot line separating the lot from the street right-of-way.
B.
LOT LINE, REAR
The lot line opposite and most distant from the front lot line.
C.
LOT LINE, SIDE
Any lot line other than a front or rear lot line.
LOT WIDTH
The distance between side lot lines measured parallel to the front setback line at a distance from the front lot line equal to the front setback specified for the district.
LOT, CORNER
A lot located at the intersection of and fronting on two or more intersecting streets, and having an interior angle at the corner of intersection of less than 135°.
LOT, DEPTH
The mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lot lines.
MAJOR VEHICLE REPAIR
Repairs that require more than one business day to complete.
MANUFACTURING
Establishments engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, production of goods, and the blending or packaging of materials.
MASS TRANSIT STATION
A place where the transfer between modes of transportation takes place or any premises for the transient housing or parking of buses, trains, or ride-sharing vehicles and the loading and unloading of passengers.
MEMBERSHIP CLUB
Premises and buildings devoted to a membership organization catering to members and their guests for educational, political, recreational, athletic, or charitable purposes. For the purposes of this chapter "membership club" shall include lodges, fraternal organizations and other like nonprofit organizations; however, if such uses serve alcoholic beverages to the general public on a regular basis such use shall be treated as a tavern.
MOBILE HOME
A structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and including the plumbing, heating, air-conditioning and electrical systems contained therein.
MOBILE HOME PARK
A residential use in which more than two mobile homes are located on a single lot.
MOBILE HOME, CLASS A
A new or used mobile home certified as meeting the Mobile Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development and approved by the Planning Board as meeting the following compatibility standards:
A.
The minimum width of the mobile home at its narrowest point shall be not less than 20 feet.
B.
The exterior material of the mobile home shall be similar to that customarily used in site-built residential structures. Siding materials shall be nonreflective in nature.
C.
The mobile home shall have a sloping roof with eave projections of at least 10 inches. The roof shall be constructed with composition shingles or other materials customarily used in site-built residential structures.
D.
The mobile home shall be attached to a permanent foundation approved by the Town Enforcement Officer.
E.
The exterior covering material of the mobile home shall extend to the ground except where a solid concrete or masonry perimeter foundation is to be used, the exterior covering material need not extend below the top of the foundation.
MOBILE HOME, CLASS B
A new or used mobile home certified as meeting either the Housing and Urban Development standards or the New York State Code for the Construction and Installation of Mobile Homes, effective January 15, 1974, and found on inspection by the Town Enforcement Officer to be in good condition and safe for residential occupancy. See § 205-18, Mobile homes.
MOBILE HOME, CLASS C
Any mobile home that does not meet the definitional criteria of a Class A or Class B mobile home, including travel trailers and recreational vehicles intended for use as seasonal residences. See § 205-18, Mobile homes.
MODULAR HOME
A manufactured dwelling designed and constructed to be transported to a building site and placed on a permanent foundation. "Modular home" shall mean a unit which is approved by the State Fire Prevention and Building Code Council and which bears an insignia of such approval.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
MODULAR HOUSING
A factory-manufactured home that incorporates structures or components designed for residential occupancy, constructed by a method or system of construction whereby the structure or component is wholly or in substantial part manufactured in a manufacturing facility and is intended for permanent installation on a building site. Every modular home or component shall bear an insignia of approval issued by the State Fire Prevention and Building Code Council.
MOTEL
See "hotel or motel."
MOTOR VEHICLE REPAIR
A building, portion of a building, or use of land used for making repairs to motor vehicles, including body work and painting, for commercial gain.
MULTIPLE FAMILY DWELLING
A building or portion thereof designed for year-round occupancy, containing separate dwelling units for three or more families living independently of each other, other than hotels, motels, camps and rooming houses.
NATURAL RESOURCE BASED INDUSTRY
Manufacturing and industrial activities which depend upon the use of natural resources of the county as a raw material. Sawmills and forest product industries shall be considered natural resource based industry for the purposes of this chapter.
NONCONFORMING USE
Use of a building or of land that does not comply with the regulations for the district in which it is situated and where such use existed and/or was used legally at the time of adoption or amendment of this chapter.
NONCONFORMING LOT
A lot which was lawful prior to the adoption or amendment of the zoning regulations but which does not now conform with the area and/or dimensions required in the district in which it is situated.
NURSING HOME
A proprietary facility, licensed or regulated by the State of New York for the accommodation of convalescents or other persons who are not acutely ill and not in need of hospital care, but who require skilled nursing and related medical services. A nursing home shall be considered a long-term health care facility for the purposes of this chapter.
OFFICE BUILDING
A room or group of rooms used for conducting the affairs of a business, profession, service, industry or government.
ONE-FAMILY DWELLING
A detached building designed for occupancy by one family only, other than a mobile home, recreational vehicle, camp or any temporary structure.
OUTSIDE STORAGE
The keeping, in any unroofed area of any goods, junk, materials, merchandise, or unlicensed vehicles for more than 72 hours. The storage of firewood and recreational vehicles are not considered to fall within the definition of "outdoor storage."
PARKING AREA
An off-street, ground-level area, usually surfaced and improved for the temporary storage of motor vehicles in operating condition.
PARKING SPACE
A space designated for the parking of one motor vehicle, measuring a minimum of nine feet in width and 18 feet in length, not including any required maneuvering aisle, vehicle circulation, public road or right-of-way.
PERMITTED USE
Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.
PERSONAL SERVICE
A commercial establishment primarily engaged in providing services involving the care of a person and his or her apparel such as laundries, barbershops, photo studios, health clubs, etc.
PLANNED DEVELOPMENT DISTRICT
A minimum five-acre tract of land in single ownership, or controlled by an individual, partnership, cooperative or corporation designed for and capable of being used for one or more residential, commercial, industrial or recreational uses in a unified site design for the entire district.
PLAT
A map representing a tract of land showing boundaries and location of individual properties and streets.
PLAT, FINAL
A final map drawn by a licensed engineer showing a proposed subdivision including all detailed information required by New York State Law and this chapter, which is submitted to the Planning Board and if approved, filed with the County Clerk.
PLAT, PRELIMINARY
A preliminary map indicating the proposed layout of a subdivision or site plan which is submitted to the Planning Board for consideration and preliminary approval.
PRINCIPAL USE
The primary or predominant use of any lot.
PUBLIC NOTICE
The advertisement of a public hearing in a paper of general circulation in the area, indicating the time, place and nature of the public hearing.
PUBLIC USE
A building, structure or use owned and operated by a governmental agency or nonprofit organization to provide a public service. Examples include but are not limited to a library, a post office, a museum, a community center, a fire house, and public utilities.
PUBLIC UTILITY FACILITIES
Telephone, electric and cable television lines, poles, equipment and structures, water or gas pipes, mains, valves or structures; sewer pipes, valves or structures; pumping stations; telephone exchanges and relaying stations; and other facilities, equipment and structures necessary for conducting a service by a government or a public utility.
PUBLIC UTILITY STRUCTURE
Telephone, electric and cable television lines, poles, equipment and structures; water, sewer or gas pipes, mains, valves and structures; pumping and exchange stations, and other facilities necessary for conducting such services.
RECREATION PUBLIC
A recreational facility open to the general public at no charge or a subsidized charge.
RECREATION, COMMERCIAL
A recreational facility operated as a business and open to the public for a fee.
RECREATIONAL FACILITY
A place designed and equipped for the conduct of sports, leisure time activities and other customary and usual recreational activities.
RECREATIONAL VEHICLE
A mobile recreational unit including travel trailer, pickup, camper, converted bus, tent-trailer, camper trailer, tent or similar device used for temporary portable house.
RECYCLABLE MATERIAL
Such reusable material including but not limited to metals, glass, plastic and paper, which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. Recyclable materials does not include refuse or hazardous material.
RECYCLING COLLECTION FACILITY
A collection facility is a center for the acceptance by donation, redemption, or purchase, of recyclable materials from the public. Collection facilities may include bins, boxes or containers transported by trucks, vans, or trailers, and used for the collection of recyclable materials.
RECYCLING FACILITY
A recycling facility is a center for the collection and/or processing of recyclable materials. A recycling facility does not include storage containers or processing activity located on the premises of a residential, commercial, or manufacturing use and used solely for the recycling of material generated by that residential property, business or manufacturer. Recycling facilities may include a recycling collection facility and a recycling processing facility.
RECYCLING PROCESSING FACILITY
A building or enclosed space used for the collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment, or to an end-user's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing.
RESTAURANT
An establishment where food and drink are prepared, served and consumed primarily within the principal building.
RETAIL STORE
Establishments engaged in selling goods or merchandise to the general public for personal or household consumption.
REZONING
A type of amendment to the zoning regulations that changes the zoning classification of particular lots or parcels of land.
RIGHT-OF-WAY
A strip of land occupied or intended to be occupied by a street, trail, railroad, electric transmission line, gas pipeline, water main, sanitary or storm sewer, or for another special use.
ROADSIDE STAND
A structure where fresh produce such as fruits and vegetables and other farm produce may be purchased.
SALVAGE YARD
Any area, lot, land, parcel, building or structure, or part thereof, for the storage, collection, processing, purchase, sale or abandonment of wastepaper, rags, scrap metal or other scrap or discarded goods, materials, machinery or six or more unregistered, inoperable motor vehicles or other type of junk. Additionally, sites containing more than two unlicensed vehicles visually unscreened from residences and roadways shall be considered a salvage yard for the purposes of this chapter. Facilities which solely process or store materials defined as being recyclables by the St. Lawrence County Solid Waste Disposal Authority shall not be considered a junkyard.
SCHOOL
Any building or part thereof which is designed, constructed or used for educational or instruction in any branch of knowledge.
SCREENING
A method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms, or densely planted vegetation.
SETBACK
The distance between the lot line and the line of any building or any projection thereof, excluding uncovered steps, decks and porches.
SETBACK LINE
That line that is the required minimum distance from the street right-of-way line or any other lot line that establishes the area within which the principal structure must be erected or placed.
SETBACK, FRONT
An open space extending the full width of a lot between any building and the front lot line and measured perpendicular to the building at the closest point to the front lot line.
SETBACK, REAR
An open space extending across the full width of a lot between the principal building and the rear lot line, and measured perpendicular to any building at the closest point to the rear lot line.
SETBACK, SIDE
An open space extending from the front yard to the rear yard between the principal building and the side lot line measured perpendicular from the side lot line to the closest point of the principal building.
SHOPPING CENTER
A group of architecturally unified commercial establishments built on a site which is planned, developed, owned and managed as a unified project, which provides on-site parking for customers.
SIGN
Any device affixed to, painted, or represented directly or indirectly upon a building, structure or land and which directs attention to an object, product, place, activity, person, institution, organization or business. (This chapter shall not apply to any flag or insignia of a government or government agency, school or religious group, nor any official traffic control device.)
SIGN AREA
The area of the smallest horizontally or vertically oriented rectangle which could enclose all the display area of the sign, together with any backing or framing whose judged intent is to extend the effective sign area. Supporting framework shall not be included in the estimated sign area and only one side of flat, back-to-back signs shall be included in calculating sign area.
SITE PLAN
An accurately scaled development plan that illustrates the existing conditions on a land parcel as well as depicting major characteristics or proposed development. See § 205-22, Site plan review.
SKETCH PLAN
A rough sketch map of a proposed subdivision or site plan of sufficient accuracy to be used for the purpose of discussion by the Planning Board.
STACKING SPACE
An off-street area, equal in size to a parking space, for one motor vehicle waiting in line, such as at a gas pump or car wash.
STREET
A public or private way which affords the principal means of access to abutting property.
STREET WIDTH
The width of the road right-of-way measured at right angles to the center line of the street.
STRUCTURAL ALTERATION
Any change in the supporting members of a building such as bearing walls, columns, beams or girders.
STRUCTURE
An assembly of materials forming a construction framed of component parts for use or occupancy, including but not limited to buildings.
SUBDIVISION
Any division of a parcel of property into five or more lots within a three-year period, or any division of a parcel of property where the construction of an internal road is required pursuant to any provision of this chapter or is otherwise proposed by the applicant. Not withstanding the foregoing, a division into five or more lots shall not be deemed a subdivision when all lots that are to be created are to be five or more acres in area.
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement is started, or if the building has been damaged, before the damage occurred.
SWIMMING POOL
A structure intended for bathing or swimming purposes made of concrete, masonry, metal or other impervious material, having a depth of more than three feet and owned and maintained by an individual for exclusive use by his family and friends. See § 205-14, Accessory structures and uses.
TAVERN
A State-licensed establishment used primarily for the serving of alcoholic beverages by the drink to the general public and where food or packaged liquors may be served or sold as accessory to the primary use.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
TEMPORARY USE
A use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period.
THEATER
A building or part of a building devoted to showing motion pictures or for dramatic, musical or live performances.
TRAFFIC IMPACT STUDY
A professional study of traffic issues associated with a development proposal, including the traffic characteristics and level of service of existing major roads affected by the proposed project; trip generation rates for the proposed land uses; the impacts of traffic from the proposed use on the operation of the existing roads; impacts of previously approved projects on the same road; estimates of geographic area influenced by the traffic from the proposed development; effects of any planned phasing of the project; affects of any planned roadway alterations, including but not limited to added turning lanes, signalization, and improvements to bridges, roadways, intersections and medians.
TRAVEL TRAILER
A vehicle, smaller in size than a mobile home, used or arranged for living or sleeping purposes, mounted on wheels and commonly drawn by a passenger car or a light truck. A travel trailer shall be considered a Class C mobile home for purposes of this law.
TWO-FAMILY DWELLING
A detached building designed for occupancy by two families living independently of each other, other than a mobile home, recreational vehicle, camp or rooming house.
USE
The activity or function that actually takes place or is intended to take place on a lot.
USE VARIANCE
The authorization by the Zoning Board of Appeals for the use of land in a manner or for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations.
VARIANCE
A departure from the provisions of this chapter relating to yard, lot area, height, frontage requirements and/or use of a parcel of property. A variance may be granted by the Board of Appeals if it is demonstrated that a literal application of the regulations would result in unnecessary hardship or practical difficulties.
WAREHOUSING
Commercial facilities for the storage of goods and/or materials with or without maintenance facilities.
WHOLESALE SALES
On-premises sales of goods not produced on the premises primarily to customers engaged in the business of reselling the goods.
YARD, FRONT
An open-space extending the full width of a lot between the principal building and the front lot line and measured perpendicular to the building at the closest point to the front lot line.
YARD, REAR
An open space extending across the full width of a lot between the principal building and the rear lot line, and measured perpendicular to the building at the closest point to the rear lot line.
YARD, SIDE
An open space extending from the front yard to the rear yard between the principal building and the side lot line measured perpendicular from the side lot line to the closest point of the principal building.
ZONING MAP
The map or maps which are part of this chapter and delineate the boundaries of zoning districts.
ZONING/BUILDING PERMIT
A permit issued by the Code Enforcement Officer that authorizes the recipient to make use of property in accordance with the requirements of this chapter.