The present tense shall include the future;
the singular number shall include the plural, and the plural the singular.
The word "shall" is always mandatory.
Certain words and terms used in this chapter
are defined for the purpose thereof, as follows:
Contemporary use of a building or structure for use other
than for which it was originally designed, intended and occupied,
e.g., adaption of a former barn as a residential dwelling.
[Added 3-18-2020 by L.L.
No. 1-2020]
The production of crops, plants, vines or trees.
A strip of land over which there is a right-of-way, publicly
or privately-owned, on which no building fronts, which serves as a
secondary means of access to two or more properties.
Any addition to a structure, a change or rearrangement in
the structural parts or any change in use from one district classification
to another or removal of a structure from one location to another.
A facility designed for those persons who are unable to live
independently at a particular time. The following is a list of the
specific types of alternate care housing:
COMMUNITY RESIDENCEA dwelling providing room and board, recreation and rehabilitative services for the mentally disturbed under responsible supervision.
HALFWAY HOUSEA community residence providing twenty-four-hour on-site responsible supervisory staff for short-term residents.
SUPERVISED LIVING FACILITY (GROUP HOME)A community residence providing twenty-four-hour on-site responsible supervisory staff for long-term residents.
SUPPORTIVE LIVING FACILITYA community residence providing responsible supervision for residents.
FAMILY CARE HOMEA dwelling providing room, board and supervision for patients who are maintained on inpatient status by a state psychiatric facility.
PRIVATE PROPRIETARY HOME FOR ADULTSA dwelling providing room, board, recreation and responsible supervision for persons who cannot function without personal assistance in their daily living.
PROPRIETARY RESIDENCE FOR ADULTSA dwelling providing room, board, recreation and housekeeping service for persons requiring such services.
DISABLEDDwellings for those persons who are unable to function in society without assistance and/or supervision because of their physical, mental or emotional deficiencies.
REHABILITATIONPlace to provide professionally planned treatment to improve the functioning of disabled persons in their skills of daily living.
A person who is unable to live independently and is housed
in a facility designed and approved for his or her specific needs.
The keeping, grazing, feeding and care of animals other than
household pets and hens. The minimum lot size shall be one acre for
each horse, pony or similar large animal, including sheep and goats,
which is kept, grazed, bedded or cared for on a property. The term
"animal husbandry" shall not be construed to include the activities
of fur farms, pig farms or cage-type poultry houses. Animal husbandry
is not permitted except on a farm.
[Amended 2-21-2018 by L.L. No. 2-2018]
Dwellings that are rented. See also "dwelling, multifamily."
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings
exclusive of uncovered porches, terraces and steps. All dimensions
shall be measured between the exterior faces of walls.
Referring to the required area per dwelling unit, shall mean
"net land area," the area exclusive of streets and other public open
space.
A workshop for one or more artists or artisans, including
instruction in arts or crafts and the accessory sale or exhibit of
arts or crafts produced on the premises, including custom cabinetmakers,
woodworkers and other craftspeople.[1]
[Added 9-19-2010 by L.L. No. 3-2012; amended 12-21-2016 by L.L. No. 1-2017]
An establishment licensed under the laws of New York State
for the sale of alcoholic beverages and their consumption on the premises.
A story partly underground but having at least 1/2 of its
height above the average outside ground level.
An owner-occupied dwelling in which at least one and not
more than four rooms are offered for rent for transient occupancy,
and in which breakfast may be served but no public restaurant is maintained.
[Amended 12-21-2016 by L.L. No. 1-2017]
The length of a street between two street intersections.
Where street intersections are at intervals greater than 1,200 feet,
1,200 feet shall be considered the length of block for purposes of
this chapter.
Both sides of the street facing each other, plus the lateral
of each corner lot, as defined by 1970 Census.
A structure wholly or partially enclosed with exterior walls,
or within exterior and party walls, and a roof, affording shelter
to persons, animals, property or business activity. The definition
of "building" shall include all attached enclosed bays, garages, and
projections.
[Amended 11-17-2010 by L.L. No. 1-2010]
A building, the use of which is customarily incidental to
that of a principal building and which is located on the same lot
as that occupied by the principal building.
A use customarily incidental to the use of a principal building
not occupying more than 25% of the total above ground-floor area of
the principal building thereof and including:
The office or studio of a physician or surgeon,
dentist, accountant, artist, musician, lawyer, architect, engineer,
teacher, insurance agent, realtor or other such professional person
residing on the premises, provided that there is no advertising display
visible from the street, other than a small professional name plate.
The above shall not be interpreted to include the office or place
of business of a mortician.
Customary home occupations, as defined herein,
provided that:
Any addition to a building, a change or rearrangement in
the structural parts or exit facilities or any change in the use from
one district classification to another or removal of a building from
one location to another.
The horizontal area of the ground floor of a building, as
measured from the exterior faces of exterior walls, and including
all attached enclosed structures, including but not limited to garages,
bays, and projections.
[Added 11-17-2010 by L.L. No. 1-2010]
The vertical distance measured from the average elevation
of the finished lot grade at the front of the building to the highest
point of the ceiling of the top story in the case of a flat roof;
to the deck line of a mansard roof; and to the mean height level between
the eaves and ridge of a gable, hip or gambrel roof.
The line of that face of a principal building nearest the
street line. In the case of a corner lot, any building line nearest
to a street line shall be considered a front building line.
An established building or structure lawfully existing prior
to and at the time of the adoption of this chapter, or at time of
amendment of this chapter, which, because of its inherent nature of
construction, does not conform to and with the provisions of this
chapter for the district in which it is located.
[Amended 5-11-1998 by L.L. No. 1-1998]
A building, including covered porches, in which is conducted
the principal use of the lot on which it is situated. In any residence
district, any dwelling shall be deemed the principal building on the
lot on which it is situated.
The sum of the horizontal area of all floors of a building,
including basements but excluding cellars, as measured from the exterior
faces of exterior walls, and including all attached enclosed or partially
enclosed structures, including but not limited to garages, bays, and
projections.
[Added 11-17-2010 by L.L. No. 1-2010]
A building's widest expanse, as measured parallel to the
street between exterior faces of exterior walls. For the purpose of
measuring building width, "building" shall include all attached enclosed
structures, including but not limited to garages, bays, and projections.
[Added 11-17-2010 by L.L. No. 1-2010]
A structure not more than 50 square feet in area to provide
shelter at school bus and other bus stops.
An amusement show, usually traveling from place to place,
having sideshows, Ferris wheels, merry-go-rounds, etc.
A portion of a building having more than 1/2 of its height
below the average outside ground level.
A line midway between and parallel to two street or road
property lines, or as otherwise defined by the Planning Board.
An exhibition of wild animals and acrobatic feats, together
with sideshows and vending concessions.
A structure designed for the practice of dentistry in which
nonresident patients are treated.
A structure designed for the practice of medicine in which
nonresident patients are treated.
A building to house a club or social organization not conducted
for profit and which is not an adjunct to or operated by or in connection
with a public tavern, cafe or other public place.
An arrangement of buildings on land where lot size and/or
setback regulations are reduced, which maintains the same density
permitted in a conventional subdivision.
An establishment where herbaceous and woody plants and related
lawn care, landscaping and gardening products are sold to retail and/or
wholesale customers. The plants may be grown on or off site.
[Added 9-19-2012 by L.L. No. 3-2012]
Any vehicle Class 3 or higher, as defined by the United States
Department of Transportation (attached hereto as 231 Attachment I),
with the exception of a Class 3 heavy-duty pickup truck; or any piece
of equipment used for earthmoving or construction purposes, such as
an excavator, bulldozer, backhoe, bobcat, bucket loader, dump truck,
or trailer other than a small trailer.
[Added 12-21-2016 by L.L.
No. 1-2017]
A facility used for business or professional conferences
and seminars, often with accommodations for sleeping, eating and recreation.[2]
That percentage of the lot covered by the composite area
of all principal and accessory buildings.
[Added 11-17-2010 by L.L. No. 1-2010]
Building coverage and all other impervious surfaces, including
roads, parking lots and parking areas, driveways, walkways, patios,
decks, terraces, pools, sports courts, tennis courts, and other impervious
areas.
[Added 11-17-2010 by L.L. No. 1-2010]
A public or noncommercial establishment that provides for
the display, performance or enjoyment by the public of heritage, history
or the arts, or that serves as a gathering place for community meetings
and recreation, such as museums, art galleries, libraries, theaters
and community centers.
[Added 3-18-2020 by L.L.
No. 1-2020]
The officially established grade of the curb in front of
the midpoint of the lot.
A facility that operates on a regular basis to provide care
for seven or more children under six years of age, other than the
children of the resident family.
[Added 9-19-2012 by L.L. No. 3-2012; amended 12-21-2016 by L.L. No. 1-2017]
An establishment which primarily sells prepared food for
consumption off premises. A delicatessen does not include a filling
station.
[Added 9-19-2012 by L.L. No. 3-2012]
The dismantling of more than 50% of a structure above its
foundation or the alteration of significant architectural features
on the facade of a building through dismantling and replacement of
structural members of a building.
Includes drive-in outdoor theaters, refreshment stands, drive-through
windows and the like where patrons are entertained in motor vehicles
or served in motor vehicles, typically through means of a window,
which allows patrons to purchase products or make transactions without
leaving their vehicle.
[Amended 9-19-2012 by L.L. No. 3-2012; 12-21-2016 by L.L. No. 1-2017]
Land situated on a lot used or intended to be used as a private
access route directly serving a building, structure, parking area
or other lands and not providing a route for through traffic. "Common
driveway" is the term employed to identify a like facility that provides
shared access to a maximum of four dwellings or to two or more commercial
premises.
[Amended 12-21-2016 by L.L. No. 1-2017]
An establishment or business maintained for the pickup and
delivery of articles for dry-cleaning without the maintenance or operation
of any dry-cleaning equipment or machinery on the premises.
[Added 12-21-2016 by L.L.
No. 1-2017]
Land used for the disposal by abandonment, dumping, burning
or any other means and for whatever purpose of garbage, sewage, trash,
refuse, junk, discarded machinery, vehicles or parts thereof or waste
material of any kind.
A house or other building designed or used primarily for
human habitation. The word "dwelling" shall not include tourist homes,
motels, hotels or other structures designed for transient residence.
DWELLING, ONE-FAMILYA detached building designed for the use of a single household, including one or more persons living as a family, and wherein not more than three boarders are sheltered and/or fed for remuneration.
DWELLING, TWO-FAMILYA building having two side yards and consisting of two dwelling units.
(Reserved)[3]
DWELLING, MULTIFAMILYA building or group of buildings on one plot consisting of three or more dwelling units.
DWELLING, ROW OR TOWNHOUSEA dwelling accommodating or designed to accommodate but a single family in a single dwelling unit, the walls on two sides of which may be in common with the walls of adjoining dwellings and are party or lot line walls.
Any dwelling or portion thereof used or intended to be used
by one family and providing complete housekeeping facilities.
An establishment engaged in the sale or rental of tools,
lawn and garden equipment, agricultural implements, and construction
equipment, including the incidental storage, maintenance and servicing
of such equipment. This term does not include a motor vehicle sales
or rental facility.[4]
[Added 9-19-2012 by L.L. No. 3-2012]
Any structure or component thereof designed primarily for
residential occupancy which is wholly or in substantial part manufactured,
intended or designed for permanent installation, or assembly and permanent
installation, on a building site.
An occasional or periodic competitive exhibition of farm
products and livestock, usually accompanied by amusement features,
and for which an admission fee is charged.
One or more persons related by blood, marriage or adoption,
living and cooking together, exclusive of household servants. A number
of persons living together as a single housekeeping unit, although
not related by blood, adoption or marriage shall be deemed to constitute
a family unit.
[Amended 5-11-1998 by L.L. No. 1-1998]
An establishment for the seasonal retail sale of local farm
produce and farm products, which may either be conducted as a principal
use or as an accessory use and either may or may not involve the installation
and use of permanent structures. Such establishment may include multiple
vendors.
[Added 9-19-2012 by L.L. No. 3-2012]
The principal building used as a dwelling on any tract of
land classified as a farm.
The use of a parcel of land of three acres or more either
as a principal or accessory use for the purpose of producing agricultural,
horticultural, floricultural, vegetable and fruit products of the
soil, livestock and meats, poultry, eggs, dairy products, nuts, honey,
wool and hides. A garden accessory to a residential use shall not
be deemed a farm or farm use. A "customary farm occupation" shall
be the conducting of usual farm activities and shall include the process
and retail sale of the products of only the farm on which such processing
is conducted, including a roadside stand. Farm equipment and materials
shall not be stored in required yards. It excludes fur farms, pig
farms, cage-type poultry houses, public stables and dog kennels.
Any area of land, including structures thereon, that is used
for the sale of gasoline or any other motor vehicle fuel and oil,
and other lubrication substances, including any sale of motor vehicle
accessories, and which may or may not include facilities for lubricating,
washing or otherwise servicing motor vehicles, but not including the
painting thereof by any means or body and fender work.
[Added 9-19-2012 by L.L. No. 3-2012]
The sum of the gross horizontal area of the several floors,
including the basement of a building and its accessory buildings on
the same lot, and including the area of roofed porches and roofed
terraces. All dimensions shall be measured between exterior faces
of walls.[5]
A retail establishment that specializes in the sale or resale
of new or previously owned or used furniture and/or decorative objects
suitable for a dwelling.
[Added 9-19-2012 by L.L. No. 3-2012]
A garage not conducted as a business or used for the storage
space for more than one commercial vehicle, which shall be owned and/or
operated by a person residing on the premises.
A garage conducted as a business. The rental of storage space
for more than two passenger cars or for one commercial vehicle not
owned by a person residing on the premises shall be deemed a business
use.
An agency or division of a federal, state or municipal government
or an entity organized under the New York State Not-for-Profit Corporation
Law or which is organized under the not-for-profit laws of another
state in which surplus income is not distributed to shareholders.
[Added 12-21-2016 by L.L.
No. 1-2017]
The elevation of the center line of the streets as officially
established by the Village, county or state highway authorities.
The complete surfaces of lawns, walks and roads brought to
grades as shown on official plans or designs relating thereto.
A female domestic chicken (Gallus gallus domesticus). Roosters
and other types of domestic fowl are intentionally excluded from this
definition.
[Added 2-21-2018 by L.L.
No. 2-2018]
Any limited personal service, professional service or business use customarily conducted within a dwelling or customary accessory building and carried on by the residents thereof, which is clearly incidental and secondary to the use of the premises for residential purposes and does not alter the residential character thereof, and which use shall be fully consistent with the use limitations stated in § 231-31 of this chapter. The term "home occupation" shall include the provision of home day-care services for six or fewer children, as defined by New York State, and the operation of a bed-and-breakfast establishment, as defined herein.[6]
[Amended 12-21-2016 by L.L. No. 1-2017]
An establishment for temporary occupation by sick or injured
animals for the purpose of medical diagnosis and treatment and which
excludes the treatment or other care of humans.
One or more structures where overnight accommodation is provided
for transient occupancy for compensation and which may also include
dining rooms, kitchens, serving rooms, ballrooms and other facilities
and services intended primarily for the accommodations of its patrons.
The term "hotel" shall not include a bed-and-breakfast.[7]
[Amended 12-21-2016 by L.L. No. 1-2017]
A business located on the ground floor that sells items or
services to customers over the internet, and which also includes a
storefront retail business on the ground floor facing the street.
[Added 12-21-2016 by L.L.
No. 1-2017]
Any place of storage or deposit, whether in connection with
another business or not, where two or more unregistered, old or secondhand
motor vehicles, no longer intended or in condition for legal use on
the public highways, are held, whether for the purpose of resale of
used parts therefrom, for the purpose of reclaiming for use some or
all of the materials therein, whether metal, glass or fabric or otherwise,
for the purpose of disposing of the same or for any other purpose;
such term shall include any place of storage or deposit for any such
purposes of used parts or waste materials from motor vehicles which,
taken together, equal in bulk two or more such vehicles; provided,
however, that the term "junkyard" shall not be construed to mean an
establishment having facilities for processing iron, steel or nonferrous
scrap and whose principal produce is scrap iron, steel or nonferrous
scrap for sale for remelting purposes only.
[Added 5-11-1998 by L.L. No. 1-1998]
Any establishment, including cages, dog runs and structures
wherein more than three dogs which are over six months old are harbored.[8]
A use engaged in research and development activities, or
the manufacturing (predominantly from previously prepared materials)
of finished products or parts, including processing, fabrication,
assembly, treatment, packaging, and incidental storage, sales or distribution
of such products, that does not emit objectionable levels of smoke,
noise, dust, odor, glare, or vibration beyond the property boundaries.
[Amended 12-21-2016 by L.L. No. 1-2017]
A piece, parcel or plot of land occupied or designed to be
occupied by a principal building and its accessory building or buildings
and including the yards and other open spaces required by this chapter.
A lot which has an interior angle of less than 135° at
the intersection of two street lot lines. A lot abutting upon a curved
street or streets shall be considered a corner lot if the tangents
to the curve at points beginning within the lot or at the points on
intersection of the side lot lines with the street line intersect
at an interior angle of less than 135°.
The horizontal distance from the street line of the lot to
its opposite rear line measured along the median between the two side
lot lines.
That side of a lot measured along the right-of-way of any
Village, county or New York State highway or along any user highway.
A corner lot shall be considered to have two such frontages.
[Added 3-18-2020 by L.L.
No. 1-2020]
A lot other than a corner lot.
The lines that bound a lot as defined herein.
Any lot which has been established as such by plot, survey,
record or deed prior to the date of this enactment as shown on the
records of the Dutchess County Clerk's office.
An interior lot having frontage in two parallel or approximately
parallel streets.
The distance between the side lot lines measured along the
front building line as determined by the front yard requirement prescribed
by this chapter.
Any operation (other than in connection with foundations
for a structure or highway construction) involving:
Any vehicle or similar portable structure with or without
a foundation or wheels, jacks, skirtings, wood or masonry block supports,
designed or constructed to be towed, driven or otherwise transported
to its resting site and which is further designed to permit occupancy
for dwelling or sleeping purposes. The term "mobile home" shall also
include the term "house trailer." A factory-manufactured (constructed)
home approved by the New York State Building Council in accordance
with the provisions of the New York State Uniform Fire Prevention
and Building Code and as provided for in the New York State Executive
Law, Article 18-B, Uniform Standards Code for Factory Manufactured
Homes Act, shall not be deemed to be a mobile home.
Any lot on which two or more mobile homes are located regardless
of whether or not a charge is made for such accommodations.
One or more structures where overnight accommodation is provided
for transient occupancy for compensation, containing sleeping rooms
with provisions for off-street parking and separate toilet facilities
and hot and cold running water for each rental unit. The term "motel"
shall not include a bed-and-breakfast.[9]
[Amended 12-21-2016 by L.L. No. 1-2017]
A facility for lubricating and other servicing of motor vehicles,
but not including the painting thereof by any means or body and fender
work, and excluding a filling station.
[Added 9-19-2012 by L.L. No. 3-2012; amended 12-21-2016 by L.L. No. 1-2017]
Storage and display for sale, rental, or lease of more than
two new or used motor vehicles or any type of trailer, and where repair
work or service is incidental to the operation of the vehicle sales
and rentals.
[Added 12-21-2016 by L.L.
No. 1-2017]
Any use conducted or service provided by the Village of Tivoli,
or any department or agency of the Village of Tivoli, including but
not limited to water and sewer, roads, parks, public utilities, government
buildings, police and fire.
[Added 3-18-2020 by L.L.
No. 1-2020]
A school designed to provide daytime care and instruction
for two or more children from two to five years of age inclusive and
operated on a regular basis.
[Amended 12-21-2016 by L.L. No. 1-2017]
Any establishment where persons are housed or lodged and
furnished with meals and nursing care for hire. See also "alternate
care housing."
The utilization of a building, structure or land.
Occupancy for a period not exceeding four months during any
one calendar year.
A structure or part thereof used for the purpose of conducting
a business or providing professional services and not involving the
manufacturing, storage, display or direct retail sale of goods. The
term "office" does not include medical or dental clinics, or offices
that are incidental and accessory to another business or sales activity
that is the principal use.
[Added 12-21-2016 by L.L.
No. 1-2017]
A map as may be adopted and revised by the Board of Trustees,
pursuant to the provisions of § 7-724 of the Village Law,
which shows streets, highways and parks theretofore laid out, adopted
and established by law and which may show drainage systems.
An unoccupied space open to the sky.
Open land which is undivided, unoccupied, undeveloped and
permanently preserved to prevent future subdivision, occupancy and/or
developments as required by the terms of this chapter.[10]
An open area set aside for use by the public.
A public or private area of land, with or without buildings,
intended for outdoor active or passive recreational activities. The
term "public and private park" shall not include a municipal use.
[Added 3-18-2020 by L.L.
No. 1-2020]
An area of land, not less than nine feet by 18 feet, excluding
driveways or access drives thereto, which is out of the public right-of-way
and is available and adequately improved for the parking of one motor
vehicle.
[Amended 12-21-2016 by L.L. No. 1-2017]
An establishment primarily engaged in providing services
to the general public involving the care of a person or a person's
apparel, including, but not limited to, laundries, barber- and beauty
shops, tailor shops, and exercise or dance studios. A personal service
establishment does not include a retail business, restaurants, or
other uses separately listed in the Use Table.
[Added 12-21-2016 by L.L.
No. 1-2017]
Any building where persons regularly assemble for religious
worship and/or related educational, social, cultural and fundraising
activities, and which building is maintained and controlled by a recognized
religious body organized to sustain public worship. Use of a place
of worship for other than religious worship must otherwise meet the
standards for such use in this chapter.
[Amended 12-21-2016 by L.L. No. 1-2017]
A porch open on three sides, except for wire screening. A
porch shall not be considered open if enclosed by either permanent
or detachable glass sash. A structure having a driveway running under
it or through it shall not be considered to be an open porch.[11]
An establishment where food and drink are prepared, served,
consumed and sold primarily within the principal building or its outdoor
terrace or patio area.
[Added 9-19-2012 by L.L. No. 3-2012]
An establishment that sells goods in small quantities directly
to customers who are physically present in the establishment, and
rendering services incidental to the sale of such goods. A motor vehicle
service facility, equipment sales and rental, filling station, motor
vehicle sales or rental, drive-in or drive-through business, restaurant
or other eating and/or drinking establishment, furniture store, and
retail internet sales business shall not be considered a "retail business."
[Amended 12-21-2016 by L.L. No. 1-2017]
Any establishment where horses are kept for riding and driving
for compensation or incidental to the operation of any club, association,
ranch or similar establishment.
A structure where products grown on the premises or elsewhere
by the operator of the roadside stand may be sold and purchased.
[Amended 9-19-2012 by L.L. No. 3-2012]
An apparatus capable of receiving television or radio signals
from orbiting satellites.
Any school having regular sessions with regularly employed
instructors who teach those subjects that are fundamental and essential
in general education under the supervision of the State of New York
or a lawfully constituted ecclesiastical governing body or a private
corporation meeting the requirements of the state.
Same as "elementary school," except secondary education is
provided.
Any school having regular sessions with regularly employed
instructors who, as a principal activity, provide training in a trade
or vocation and teach those subjects that are fundamental and essential
in elementary or secondary education or postsecondary education, under
the supervision of the State of New York or a lawfully constituted
ecclesiastical governing body, or a corporation meeting the requirements
of the state.
Any structure or part thereof, attached thereto, or painted
or represented thereon, which shall display or include any letter,
work, model, banner, flag, pennant, insignia, device or representation,
but not including the flag, pennant or insignia of any nation, state,
city or other political unit, or of any political, educational, charitable,
philanthropic, civic, professional, religious or like organization
on the property thereof.
A sign which directs attention to a business, profession
or industry located on the premises where the sign is displayed, to
the type of products sold, manufactured or assembled and/or to service
or entertainment offered on said premises.
A sign advertising the sale of farm products primarily raised
on the premises.
A sign used to identify the individual or organization occupying
the premises or the name of the building or structure in connection
with which the sign is displayed.
A sign advertising property on which it is located, or a
building thereon, for sale, rent or lease.
An accessory building in which horses are kept for private
use and not for hire, remuneration or sale.
A building in which horses are kept for remuneration, hire
or sale.
Land used for the keeping of goods, wares or supplies on
land outside of any building or structure.
That part of a building, included between any floor, other
than a cellar floor and the floor or roof next above.
Any public way dedicated to public travel.
The right-of-way line of a street as indicated by dedication,
deed or record.
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground, including tents, lunch wagons, dining cars, mobile
homes, billboards, signs and similar structures, whether stationary
or movable.
Any addition to a structure, a change or rearrangement in
the structural parts or any change in use from one district classification
to another or removal of a structure from one location to another.
Any body of water (excluding natural bodies of water fed
by rivers, streams, brooks or springs) or receptacle for water having
a depth at any point greater than two feet and used or intended to
be used for swimming or bathing and constructed, installed or maintained
in or on the ground outside any building.
See "bar or tavern."
An outdoor or indoor area, structure or part of a structure
used for showing motion pictures or for dramatic, dance, musical,
or other live performances.[12]
[Amended 12-21-2016 by L.L. No. 1-2017]
Any vehicle not propelled by its own power, drawn or intended
to be drawn on public highways by a motor vehicle, having a body length,
including hitch, not exceeding 14 feet and a body width not exceeding
eight feet.
[Amended 12-21-2016 by L.L. No. 1-2017]
A finished space within a dwelling unit with a ceiling height
of at least seven feet. In rooms with sloped ceilings (such as finished
attics), "usable square feet" shall be that portion of the room with
a ceiling height of at least five feet if at least 1/3 of the finished
area of the room has a ceiling height of at least seven feet.
[Amended 5-11-1998 by L.L. No. 1-1998; 12-21-2016 by L.L. No. 1-2017]
The specific purpose for which land or a building is designed,
arranged or intended, or for which it is or may be occupied or maintained.
The term "permitted use" shall not be deemed to include any nonconforming
use.
A use which is customarily incidental to and subordinate
to the principal use of a premises, building or structure and located
on the same premises as the principal use, building or structure.
An established use of a building or structure or use of land
lawfully existing prior to and at the time of the adoption or amendment
of this chapter that does not conform with the permitted use provision
of this chapter as they apply to the district in which the building
structure or land is located.
A readily movable unit mounted on wheels, parked either temporarily
or seasonally, out of which flowers, food or beverages are served
to the public.
[Added 9-19-2012 by L.L. No. 3-2012]
Lands where saturation with water is the dominant factor
determining the nature of soil development and the types of plant
and animal communities living in the soil and on its surface. Examples
include swamps, bogs, meadows and marshes.
An unoccupied space open to the sky on the same lot with
a building or structure.
An open space extending across the entire width of the lot
between the front building line or front main wall of a building and
the nearest edge of the road pavement.
[Amended 11-17-2010 by L.L. No. 1-2010]
An open space extending across the entire width of the lot
between the rear line of the lot and a line parallel to the rear line
of the lot at a distance from the rear line of the lot specified for
the zoning district in which the lot is situated.
An open unobstructed space on the same lot with a principal
building between the principal building and the side line of the lot
and extending through from the front yard to the rear yard.
The Zoning Enforcement Officer appointed pursuant to § 231-53 and any Acting or Deputy Zoning Enforcement Officers.
[Added 3-15-2023 by L.L. No. 1-2023]
[1]
Editor's Note: The definitions of "automobile laundry," "automobile
sales area," and "automobile wrecking and/or automobile graveyards,"
which immediately followed this definition, were repealed 12-21-2016
by L.L. No. 1-2017.
[2]
Editor’s Note: The definition of “coverage,”
which immediately followed this definition, was repealed 11-17-2010
by L.L. No. 1-2010.
[3]
Editor's Note: Former Subsection C, the definition of "dwelling,
semidetached," was repealed 12-21-2016 by L.L. No. 1-2017.
[4]
Editor's Note: The definition of "factory," which immediately
followed this definition, was repealed 12-21-2016 by L.L. No. 1-2017.
[5]
Editor’s Note: The definition of “floor area ratio
(FAR),” which immediately followed this definition, was repealed
11-17-2010 by L.L. No. 1-2010.
[6]
Editor's Note: The definition of "hospital," which immediately
followed this definition, was repealed 12-21-2016 by L.L. No. 1-2017.
[7]
Editor's Note: The definition of "industry," which immediately
followed this definition, was repealed 12-21-2016 by L.L. No. 1-2017.
[8]
Editor's Note: The definition of "laundry, coin-operated,
dry cleaner," which immediately followed this definition, was repealed
12-21-2016 by L.L. No. 1-2017.
[9]
Editor’s Note: The definition of "motor freight terminal,"
which immediately followed this definition, was repealed 12-21-2016
by L.L. No. 1-2017. The definition of “motor vehicle service
station,” which immediately followed that definition, was repealed
9-19-2012 by L.L. No. 3-2012.
[10]
Editor's Note: The definition of "parish house," which immediately
followed this definition, was repealed 12-21-2016 by L.L. No. 1-2017.
[11]
Editor's Note: The definition of "quarry, sand pit, gravel
pit, topsoil stripping," which immediately followed this definition,
was repealed 12-21-2016 by L.L. No. 1-2017.
[12]
Editor's Note: The definition of "theater, drive-in outdoor,"
which immediately followed this definition, was repealed 12-21-2016
by L.L. No. 1-2017.
