This chapter shall be known and may be cited
as the "Town of Wheatland Zoning Ordinance of 1976."
A.
This chapter is adopted for the purpose of promoting
the health, safety, morals and the general welfare of the community
through the regulation and restriction of the height, number of stories
and size of buildings and other structures; the percentage of lot
that may be occupied; the size of yards, courts and other open spaces;
the densities of population; the location and use of buildings, structures
and land for trade, industry, residence and other purposes; and the
division of the community into districts; and providing fines and
penalties for the violation of its provisions.
B.
This chapter is also adopted for the purpose of achieving
the following related and more specific objectives:
(1)
To guide and regulate the orderly growth, development
and redevelopment of the municipality in accordance with a comprehensive
plan and with long-term objectives, principles and standards deemed
beneficial to the interests and welfare of the people.
(2)
To protect the established character and social and
economic well-being of the evolving community as it is affected by
the use of both private and public property.
(3)
To promote, in the public interest, the utilization
of land for the purposes for which it is most appropriate.
(4)
To secure safety from fire, flood, panic and other
dangers, and to provide adequate light, air and convenience of access.
(5)
To prevent overcrowding of land or buildings and to
avoid undue concentration of population.
(6)
To lessen and, where possible, prevent traffic congestion
on public streets and highways.
(7)
To eliminate nonconforming uses gradually.
(8)
To conserve the value of buildings and to enhance
the value of land throughout the municipality.
(9)
To protect the environment from all types of pollution.
(10)
To conserve and reasonably protect the natural
scenic beauty of the municipality and its environs.
As used in the chapter, the scope and meaning
of certain words and terms is as follows:
A.
Unless the context clearly indicates the contrary,
words used in the present tense include the future, the singular number
includes the plural and the plural the singular.
B.
The word "person" includes a profit or nonprofit corporation,
company, partnership or individual.
C.
The word "shall" is mandatory and not directory; the
word "may" is permissive.
D.
The word "lot" includes the word "plot" and the word
"land."
E.
The word "structure" includes the word "building."
F.
The word "use" refers to any purpose for which a lot
or land or part thereof is arranged, intended or designed to be used,
occupied, maintained, made available or offered for use; and to any
purpose for which a building or structure or part thereof is arranged,
intended or designed to be used, occupied, maintained, made available
or offered for use, or erected, reconstructed, altered, enlarged,
moved or rebuilt with the intention or design of using the same.
G.
The word "used" refers to the actual fact that a lot
or land, building or structure or part thereof is being occupied or
maintained for a particular use.
As used in this chapter, the following terms
shall have the meanings indicated:
A subordinate use, building or structure customarily incidental
to and located on the same lot occupied by the main use, building
or structure. The term "accessory building" may include a private
garage, garden shed, private playhouse and private greenhouse.
Any place from which the public is omitted or to which it
is invited wherein coin-operated or slug-operated or electronically,
electrically, or mechanically controlled still or motion-picture machines,
projectors, or other image-producing devices are maintained to show
images to five or fewer persons per machine at any one time, and where
the images so displayed are distinguished or characterized by the
depiction or description of specified sexual activities or specified
anatomical areas.
[Added 2-1-2007 by L.L. No. 1-2007]
A commercial establishment which, as one of its principal
business purposes, offers for sale or rental, for any form of consideration
any one or more of the following:
[Added 2-1-2007 by L.L. No. 1-2007]
Books, magazines, periodicals or other printed
matter, or photographs, films, motion pictures, videocassettes or
video reproductions, slides, or other visual representations which
depict or describe specified sexual activities or specified anatomical
areas; or
Instruments, devices, or paraphernalia which
is designed for use in connection with specific sexual activities.
A commercial establishment may have other principal business purposes
that do not involve the offering for sale or rental of material depicting
or describing specific sexual activities or specified anatomical areas
and still be categorized as an adult bookstore or adult video store
so long as one of its principal business purposes is the offering
for sale or rental for consideration of the specified materials which
depict or describe specified sexual activities or specified anatomical
areas. For purposes of this definition, "principal business" shall
mean 20% or more of the aggregate of two of the following:
The number of different titles or kinds of such
merchandise;
The number of copies or pieces of such merchandise;
The amount of floor space devoted to the sale
and/or display of such merchandise; or
The amount of advertising which is devoted to
such merchandise, either in print or broadcast media.
A nightclub, bar, restaurant, or similar commercial establishment
which features:
[Added 2-1-2007 by L.L. No. 1-2007]
Persons who appear in the state of nudity; or
Live performances which are characterized by
the exposure of specified anatomical areas or by specified sexual
activities; or
Films, motion pictures, videocassettes, slides
or other photographic reproductions which are characterized by the
depiction or description of specified sexual activities or specified
anatomical areas.
A commercial establishment where, for any form of consideration,
films, motion pictures, videocassettes, slides, or similar photographic
reproductions are regularly shown which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas.
[Added 2-1-2007 by L.L. No. 1-2007]
A theater, concert hall, auditorium or similar commercial
establishment which regularly features persons who appear in a state
of nudity or live performances which are characterized by the exposure
of specified anatomical areas or by specified sexual activities.
[Added 2-1-2007 by L.L. No. 1-2007]
A public or private establishment, or any part thereof, which
presents any of the following entertainment, exhibitions or services:
topless and/or bottomless dancers; strippers; topless waitressing,
busing or service; topless hair care or massages; service or entertainment
where the servers or entertainers wear pasties or G-strings or both;
adult motion-picture theaters; adult theaters; escort agencies; nude
model studios and sexual encounter centers. Minors are excluded from
attending these types of establishments.
[Added 2-1-2007 by L.L. No. 1-2007]
Agricultural practices cover a large variety of activities:
field crops, fruits, vegetable, horticultural specialties, livestock,
agricultural products, Christmas trees and forest products. Land used
in agricultural production means not less than 10 acres of land used
in a single operation in the preceding two years for the production
for sale of a product.
[Added 3-6-1997 by L.L. No. 1-1997]
Any motor vehicle, designed for off-highway use and designed
to travel on not less than three low-pressure tires, having a seat
or saddle designed to be straddled by the operator and handlebars
for steering control. As used in this chapter, "all-terrain vehicles"
shall mean all-terrain vehicles and utility-terrain vehicles.
[Added 4-17-2014 by L.L. No. 1-2014]
As applied to a building or structure, a change or rearrangement
in the structural parts or in the exit facilities; or an enlargement,
whether by extending on a side or by increasing in height; or moving
from one location or position to another; the term "alter" in its
various modes and tenses, and its participial form, refers to the
making of an alteration.
The raising or keeping of one or more cows, cattle, horses,
mules, hogs, sheep, goats, donkeys, oxen, or other similar animals,
or the raising or keeping of more than four animals or combination
of; ducks, chickens, rabbits, geese, quail, chinchillas, mink, or
any similar small animals, excluding dogs and cats and household animals.
Such uses include the pasturing, feeding, and sheltering of such animals.
[Added 11-21-2019 by L.L. No. 8-2019]
Animal husbandry, as defined herein, on a farm and incidental
to a farm use or as a stand-alone commercial enterprise located within
a state-certified Agriculture District.
[Added 11-21-2019 by L.L. No. 8-2019]
Animal husbandry, as defined herein, for personal use of
the property owner, not for any commercial enterprise, and as an accessory
to the principal use.
[Added 11-21-2019 by L.L. No. 8-2019]
A structure or building designed for the washing, waxing,
simonizing or similar treatment of automotive vehicles as its principal
function. A filling station having portable washing equipment shall
not be deemed to be an automobile laundry where such use is an accessory
service to the principal service of the filling station.
The sound pressure level in decibels as measured on a sound
level meter using the A-weighting network, the level of which so read
is designated dB(A) or dBA.
[Added 4-17-2014 by L.L. No. 1-2014]
A story partly underground but having less than 1/2 of its
clear height below finished grade. A basement shall be counted in
determining the permissible height of a building in terms of the number
of stories.
A sign which directs attention to a business, commodity,
service, entertainment or attraction sold, offered or existing elsewhere
than upon the same lot where such sign is displayed, or only incidentally
sold, offered or existing upon such lot.
A structure with a roof supported by columns or walls and
having a horizontal area of more than 50 square feet.
A story partly underground and having 1/2 or more of its
clear height below finished grade. A cellar shall not be counted in
determining the permissible height of a building in terms of the number
of stories.
A club for golfing, tennis, hunting, fishing, horseback riding,
swimming or similar sports.
The premises and buildings used by a local chapter holding
a valid charter from an international, national or state organization
or by a bona fide local civic association catering exclusively to
members and their guests primarily for a patriotic, fraternal, benevolent,
social, educational, religious or political purpose. The club shall
not be used in whole or in part for the conduct of any business or
enterprise for profit, but this shall not be construed as preventing
the utilization of a club for benefits or performances for a recognized
charity, nor for the meeting of other organizations, nor for educational
and cultural purposes.
An open, unoccupied space, other than a yard, on the same
lot with a building or group of buildings and which is bounded on
two or more sides by such building or buildings. An offset to a court
shall be deemed a separate court for the purpose of determining its
required dimensions.
The maximum horizontal dimension at right angles to the width.
The building height as measured from the lowest level of
such court.
Any court which is not an outer court.
A court extending to a street line or other property line,
or opening upon any front, side or rear yard.
The horizontal dimension parallel to the principal open side
in the case of an outer court, and the least horizontal dimension
in the case of an inner court.
A business premises used for the making of clothing, millinery,
shoes or other personal articles to individual order and measure,
for sale at retail on the premises only, and not including the manufacture
of ready-to-wear or standardized products.
A building arranged, intended or designed to be occupied
by one or more families living independently of each other upon the
premises.
A building or portion thereof containing more than two dwelling
units. "Multiple dwelling" shall not be construed to include mobile
homes or a mobile home park.
One or more rooms with provisions for cooking, living, sanitary
and sleeping facilities arranged for the use of one family.
A person who, for consideration, agrees or offers to act
as a companion, guide, or date for another person, or who agrees or
offers to privately model lingerie or to privately perform a striptease
for another person.
[Added 2-1-2007 by L.L. No. 1-2007]
A person or business association who or which furnishes,
or offers to furnish, or advertises to furnish escorts as one of its
primary business purposes for a fee, tip or other consideration.
[Added 2-1-2007 by L.L. No. 1-2007]
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 2-1-2007 by L.L. No. 1-2007]
A structure bounding an area of land designed either to limit
access to the area or to screen such area from view, or both.
A building or lot or part thereof supplying and selling gasoline
or other equivalent fuel for motor vehicles at retail direct from
pumps and storage tanks. A filling station may include accessory facilities
for rendering service for motor vehicles, such as lubricating, washing
and minor repairs.
The boundaries of the areas of special flood hazard as delineated
by the FEMA Flood Insurance Rate Map (FIRM).
[Amended 2-1-2007 by L.L. No. 1-2007]
A building, not a private garage, used for the storage of
automobiles or trucks and not used for making repairs thereto.
An enclosed space for the storage of one or more motor vehicles,
provided that no business, occupation or service is conducted for
profit therein.
A building, other than a private or a parking garage, used
for adjustment, painting, replacement of parts or other repair of
motor vehicles or parts thereof, whether or not accessory or incidental
to another use.
The vertical distance measured from the average elevation
of the proposed finished grade at the front building line to the highest
point of the roof for flat roofs, to the deck line of mansard roofs
and to the mean height between the eaves and the ridge for gable,
hip and gambrel roofs.
Any single legal nonresidential, nonagricultural business
use clearly subordinate to and conducted within a permitted residential
dwelling unit. Said home occupation shall be conducted wholly within
a structure and shall not include any hazardous material. Home occupations
shall be further classified into:
[Amended 10-4-2007 by L.L. No. 7-2007]
MAJOR HOME OCCUPATION (special exception in
AR-2, R-24, R-16, R-12 Districts only):
Involves more than two customer trips per day;
Has no more than one nonresident employed/engaged
in the commercial activity on site;
Uses no equipment not customary to residential
use;
Utilizes no more than 15% of the gross residential
floor area;
Utilizes no more than 500 square feet total,
including portion of accessory structure;
Utilizes no more than 50% of the above-permitted
area for the storage of inventory and supplies;
Shall have no outside storage or external evidence
other than the approved announcement sign;
May have one announcement sign not to exceed
one foot by two feet;
Is intended to be limited to service, "hobby"
sales, repair, licensed profession, etc.;
Shall be subject to a fire safety inspection
every three years.
MINOR HOME OCCUPATION (permitted in all Residential
Districts):
Involves two or less customer trips per day;
Has only resident occupants engaged in the commercial
activity on site;
Shall be wholly contained within the primary
structure;
Utilizes no more than 15% of the gross residential
floor area;
Utilizes no more than 50% of the above permitted
area for the storage of inventory and supplies;
Uses no equipment not customary to residential
use;
Shall have no visible signage;
Is intended to accommodate "E" business activity;
Shall not be subject to periodic fire safety
inspection.
The office or studio of a resident physician, surgeon, dentist
or other person licensed by the State of New York to practice a healing
art, lawyer, architect, artist, engineer, real estate broker or salesman,
insurance broker or agent, or teacher as herein restricted, provided
that not more than one person is employed who is not a member of the
family and that such office shall be in the main building and shall
not occupy more than the equivalent of 1/2 of the area of one floor
of said building. For the purposes of this definition, a teacher shall
be restricted to a person giving instruction in academic or scientific
subjects to a single pupil at a time. A home professional office shall
not include the office of any persons professionally engaged in the
purchase or sale of economic goods nor shall any equipment, device
or object be used which will cause line disturbances in the electric
service so as to interfere with the reception of radio or television
broadcast signals within the neighborhood, or which will produce offensive
noise, vibration, smoke, dust, odor or glare. Tea rooms, tourist homes,
beauty parlors, barbershops, hairdressing and manicuring establishments,
convalescent homes, mortuary establishments and stores, trades or
businesses of any kind not herein excepted shall not be deemed to
be home professional offices. The home professional office of a physician
shall not include a biological or other medical testing laboratory.
A building or part thereof which has a common entrance, common
heating system and general dining room and which contains seven or
more living and sleeping rooms designed to be occupied by transient
individuals or groups of individuals for compensation. A hotel shall
not provide dwelling units nor shall it include a motel, seasonal
cottage or cabin.
See "mobile home."
[Amended 8-7-1980]
Any land or structure or part thereof exceeding 300 square
feet in area or containing two or more automobiles or similar vehicles,
used for collecting, storage or sale of waste paper, rags, scrap metal
or other scrap or discarded material, or for the collecting, dismantling,
storage or salvage of machinery or vehicles not in running condition,
or for the sale of the parts thereof.
Any location within the Town of Wheatland wherein four or
more dogs over four months of age are kept or maintained for any commercial
purpose, including but not limited to boarding, breeding, grooming,
letting for hire, training for a fee or selling.
[Added 3-3-2011 by L.L. No. 1-2011]
Any location within the Town of Wheatland wherein four or
more dogs which are over four months of age are kept or otherwise
are allowed to reside.
[Added 3-3-2011 by L.L. No. 1-2011]
A parcel of land which is or may be occupied or used by one
main building or use with its accessory buildings and the required
open spaces, but excluding any part thereof within the bounds of a
street.
The total horizontal area included within lot lines.
A lot at the junction of and fronting on two or more intersecting
streets.
The percentage of the area of the lot covered by a building
or buildings.
Any lot other than a corner lot.
Any boundary of a lot. Any lot line not a rear lot line nor
a front lot line shall be deemed a side lot line.
The street line at the front of a lot. On a corner lot, the
owner may specify the front lot line on the plot plan.
The lot line opposite to the front lot line.
A lot extending from one street to another.
The dimension measured from side lot line to side lot line
along a contiguous line parallel to the street line at the required
minimum front yard depth.
[Amended 11-21-2019 by L.L. No. 8-2019]
[Amended 8-7-1980]
A detached, single-family dwelling unit with
any or all of the following characteristics
Manufactured as a relocatable dwelling unit
intended for year-round occupancy and for installation on a site without
a basement or a permanent foundation
Designed to be transported after manufacture
on its own chassis and connected to utilities after placement on a
mobile home stand.
Designed to be installed as a single-wide or
double-wide unit with only incidental unpacking and assembling operations
Designed and manufactured as the type of unit
which would require, after January 15, 1974, a seal as provided for
in the State Code for Construction and Installation of Mobile Homes.
For the purposes of this chapter, dwelling units
which are prebuilt in two parts and transported to and assembled on
a permanent foundation are not considered mobile homes.
A contiguous parcel of land under one ownership or management
which is at least 20 acres in area and which has been planned and
improved for the placement of at least 50 mobile homes for nontransient
use.
[Amended 8-7-1980]
A building or group of buildings, whether detached or in
connected units, used as individual sleeping or dwelling units with
direct outside access and related office, with or without restaurant
facilities, designed primarily for transient automobile travelers
and provided with accessory off-street parking facilities. The term
"motel" includes buildings designed as tourist courts, motor lodges,
auto courts and other similar appellations, but shall not be construed
to include parking areas for house trailers or mobile homes. A motel
shall not provide dwelling units nor shall it include a seasonal cottage
or cabin.
An unenclosed motor vehicle having a saddle for the use of
the operator and two or three wheels in contact with the ground, including
but not limited to motor scooters and mini-bikes.
[Added 4-17-2014 by L.L. No. 1-2014]
A device for abating the sound of escaping gases of an internal
combustion engine.
[Added 4-17-2014 by L.L. No. 1-2014]
Any sound that annoys or disturbs humans or causes or tends
to cause an adverse psychological or physiological effect on humans.
[Added 4-17-2014 by L.L. No. 1-2014]
Any sound that endangers or injures the safety or health
of humans or animals, annoys or disturbs a reasonable person of normal
sensitivities, or endangers or injures personal or real property.
A sound level in excess of 85 dB(A) measured at a residential property
line shall be considered a noise disturbance.
[Added 4-17-2014 by L.L. No. 1-2014]
A structure lawfully existing at the effective date of this
chapter, or any amendment thereto affecting such structure, which
does not conform to the Table of Dimensional Regulations of this chapter
for the district in which it is situated, irrespective of the use
to which such structure is put.
Any use of a building, structure, lot or land, or part thereof,
lawfully existing at the effective date of this chapter, or any amendment
thereto affecting such use, which does not conform to the Table of
Use Regulations of this chapter for the district in which it is situated.
Any industry which is not detrimental to the environment
in which it is located by reason of the emission of smoke, noise,
odor, dust, vibration or excessive light beyond the limits of its
lot, or by reason of generating excessive traffic with attendant hazards,
and which does not include any outdoor processing of materials or
open accessory storage yard unless completely enclosed by a solid
wall or fence not less than six feet in height.
Any place where a person who appears in a state of nudity
or displays specified anatomical areas is provided to be observed,
sketched, drawn, painted, sculpted, or photographed, or similarly
depicted by other persons who pay money or any form of consideration.
[Added 2-1-2007 by L.L. No. 1-2007]
The appearance of human bare buttocks, anus, male genitals,
female genitals, or full male or female breasts.
[Added 2-1-2007 by L.L. No. 1-2007]
A building or structure, together with its lot and its accessory
uses, building and structures, used as an organized instructional
facility for five or more enrolled children other than the children
of the resident family, but not provided with customary commercial
public recreation features such as Ferris wheels or roller coasters
and not furnishing sleeping quarters except for the resident family.
An open area of land used for the operation of motorized
vehicles, at any speed, on the same parcel of land, regardless of
whether or not the vehicles are involved with any aspect of racing.
An off-road track is defined by the absence of natural vegetation
caused by the operation of motorized vehicles.
[Added 4-17-2014 by L.L. No. 1-2014]
A lot or part thereof used for the storage or parking of
motor vehicles, with or without the payment of rent or charges in
money and/or other considerations.
A stall or berth which is arranged and intended for parking
of one motor vehicle in a garage or parking area.
A specific main use of a building, structure, lot or land
or part thereof, which this chapter provides for in a particular district
as a matter of right. Any use which is not listed as a permitted,
special exception or accessory use shall be considered a prohibited
use.
[1]A residential development of land based on an overall development
plan approved by the Planning Board in accordance with the special
exception use procedure in which the dimensional regulations of this
chapter and the type of housing may be varied as provided in this
chapter, and where certain lands are set apart as permanent open space
or common land.
Any office customarily used by a doctor, dentist, surgeon,
attorney at law, accountant, licensed engineer or licensed architect.
Whenever a professional office is permitted as an accessory use, the
professional person must reside in the building in which the office
is located.
A use of a building, structure, lot or land or part thereof
which is not listed as a permitted, special exception or accessory
use.
Any area of land where three or more motor-driven vehicles
operate simultaneously, or under time conditions, at any speed. The
term shall include any area of land, whether or not the area of land
consists of a circuit or continuous loop, or whether or not the area
of land consists of a defined path or course. This term shall also
apply to the operation of off-road vehicles.
[Added 4-17-2014 by L.L. No. 1-2014]
A building for experimentation in pure or applied research
design, development and production of prototype machines or devices
or of new products and uses accessory thereto. With respect to the
application of this chapter, such research institute or laboratory
shall meet the standards of a nonnuisance industry.
A dwelling designed and occupied for less than eight months
of each year.
A state of dress in which clothing covers no more than the
genitals, pubic region, and areolae of the female breast, as well
as portions of the body covered by supporting straps or devices.
[Added 2-1-2007 by L.L. No. 1-2007]
A business or commercial enterprise that, as one of its primary
business purposes, offers for any form of consideration:
[Added 2-1-2007 by L.L. No. 1-2007]
An adult arcade, adult bookstore, or adult video store, adult
cabaret, adult motion-picture theater, escort agency, nude model studio
or sexual encounter center.
[Added 2-1-2007 by L.L. No. 1-2007]
Any outdoor advertising medium, structure or device which
advertises, directs or calls attention to any business, article, substance,
service or any other thing which is painted, printed, pasted, posted
or affixed to any building, billboard, wall, fence, railing, natural
object or structure of any kind on real property or upon the ground
itself, including interior signs visible outside the premises.
[Amended 8-7-1980]
A temporary or permanent sign which directs attention to
a business or profession conducted upon the property.
A temporary or permanent sign which directs attention to
a resident's home, a home occupation, a home professional office or
a public or semipublic building on the premises on which the sign
is located.
A sign advertising land or improvements thereto or describing
construction activity or a firm doing work related to construction
on the premises on which the sign is located.
Any sign advertising or calling attention to special events,
contests or civic activities which shall be erected for no more than
15 days.
[Amended 8-7-1980]
A use in one or more districts for which the Planning Board may grant a permit pursuant to the provisions of Article VII.
The male genitals in a state of arousal and/or the vulva
or more intimate parts of the female genitals.
[Added 2-1-2007 by L.L. No. 1-2007]
Any of the following:
[Added 2-1-2007 by L.L. No. 1-2007]
That portion of a building between the surface of any floor
and the surface of the floor next above it; if there is no floor above
it, then the space between the floor and the ceiling next above it.
A basement shall be counted as a story but a cellar shall not be counted
as a story.
A story with at least two opposite exterior sides meeting
a sloping roof not more than four feet above the floor of such story
and having a ceiling height of at least 7 1/2 feet over not more than
1/2 the total floor area.
Any federal, state, county or municipal highway or road or
any street shown upon a subdivision plat filed in the County Clerk's
office.
The dividing line between a lot and a street right-of-way.
Anything constructed or erected on or under the ground or
upon another structure or building.
The increase in floor areas occupied by a sexually oriented
business by more than 20% of the floor area of an existing structure
as it exists on the effective date of the Town of Wheatland Zoning
Local Law of 1976.
[Added 2-1-2007 by L.L. No. 1-2007]
A swimming pool, as defined in the instance of "private swimming
pool," except that the owner charges a fee to swim or bathe or gives
swimming instructions or other services related to water activities
for a fee.
Any artificial body of water or receptacle for water having
a depth at any point of more than 18 inches, used or intended to be
used for swimming or bathing, constructed, installed or maintained
in or above the ground, inside or outside a building, and including
all appurtenant equipment.
An independent, single-family dwelling unit, which is one
of a series of dwelling units, having a common resistance-rated wall
between each adjacent unit, each with a private outside entrance.
[Added 3-1-2007 by L.L. No. 4-2007]
A building, or group of buildings, with each building containing
not more than six townhouse dwelling units connected by common fire-resistance-rated
walls.
[Added 3-1-2007 by L.L. No. 4-2007]
A tract of land adequately sized to accommodate the construction
of townhouse dwelling units in accordance with the density standards
contained elsewhere in these regulations.
[Added 3-1-2007 by L.L. No. 4-2007]
Any motor vehicle with four or more low-pressure tires designed
for off-highway use having bench or bucket seating for each occupant
and a steering wheel for control. As used in this chapter, "all-terrain
vehicles" shall mean all-terrain vehicles and utility-terrain vehicles.
[Added 4-17-2014 by L.L. No. 1-2014]
A modification of the regulations of this chapter, granted by the Board of Appeals on the grounds of practical difficulties or unnecessary hardship, not self-imposed, or as specifically provided for pursuant to the provisions of Article VIII. A variance may not be granted for a use not permitted or specially permitted in the district.
A structure of wood, stone or other materials or combination
thereof intended for security, screening or enclosure, or for the
retention of earth, stone, fill or other materials as in the cases
of retaining walls or bulkheads.
A space on the same lot with a building, situated between
the nearest roofed portion of the principal building or buildings
and the front lot line of the lot and extending from side lot line
to side lot line.
A space on the same lot with a building, situated between
the nearest roofed portion of the principal building or buildings
and the rear lot line of the lot, and extending from side lot line
to side lot line.
A space on the same lot with a building, situated between
the nearest roofed portion of the principal building or buildings
and the side lot line of the lot, and extending through from the front
yard, or from the front lot line where no front yard exists, to the
rear yard, or to the rear lot line where no rear yard exists.
[1]
Editor's Note: The definition of "planned
commercial industrial park," which immediately followed this definition,
was repealed 3-18-1999 by L.L. No. 1-1999.
A.
The provisions of this chapter shall be deemed to
be specific. Those uses and procedures for which there are no specific
provisions in this chapter shall be deemed to be prohibited.
B.
Use regulations.
(1)
Except as hereinafter provided, no building or structure
or part thereof, and no lot or land or part thereof, shall hereafter
be used except for a purpose specifically permitted by the provisions
of the Table of Use Regulations for the district in which such building
or structure, lot or land is located on the Zoning Map.
(2)
Any lawful use that does not conform to the use regulations of this chapter shall be deemed a nonconforming use (Article VI).
(3)
A special exception use authorized by the Planning
Board shall be deemed a conforming use.
C.
Dimensional regulations.
(1)
Except as hereinafter provided, no building or structure
or part thereof shall hereafter be erected, structurally altered,
enlarged, rebuilt or moved except in conformity with the provisions
of the Table of Dimensional Regulations for the district in which
such building or structure is located on the Zoning Map.
(2)
Any lawful existing building or structure that does not conform to such dimensional regulations of this chapter shall be deemed a nonconforming building or structure, irrespective of the use to which it is put (Article VI).
(3)
A building or structure or part thereof authorized
as a variance from the dimensional regulations of this chapter, granted
by the Board of Appeals, shall be deemed a nonconforming building
or structure or part thereof.
