[Amended 9-19-2000 by L.L. No. 1-2000]
Words in the present tense include the future;
words in the singular include the plural number, and words in the
plural number include the singular; the word "lot" includes the words
"plot" and "parcel"; the word "shall" is mandatory; the word "person"
includes a corporation and an unincorporated corporation, as well
as an individual; and the words "used" and "occupied" shall be considered
as though followed by the words "or intended, arranged, offered or
designed to be used or occupied or offered for occupancy." The term
"effective date of this chapter" shall be considered as though followed
by the words "or any amendment thereof."
For the purpose of these regulations, the following
terms and words shall have the meanings herein defined. Words not
herein defined shall have the meanings given in Webster's Unabridged
Third New International Dictionary of the English Language, Copyright
1976.
ACADEMIC SCHOOL
A not-for-profit educational institution under the supervision
of the New York State Department of Education or chartered by the
Regents of the University of the State of New York to give academic
instruction in the primary or secondary grades.
ACCESSORY BUILDING
A building or structure which is subordinate and accessory
to the principal use, building or structure on the same lot and which
is used for purposes customarily incidental to those of a principal
use, building or structure. Such structures may include a garage,
swimming pool and related facilities (such as fencing, filter and
adjoining terrace, patio, deck and pool house), artificial body of
water, tool house, children's playhouse, tennis court, athletic court,
paddock, riding ring, stable, greenhouse, accessory dwelling and guesthouse,
provided that the same are not rented separately from the principal
use or used for commercial purposes except as may be otherwise permitted
herein.
[Amended 12-21-1998 by L.L. No. 4-1998; 7-27-1999 by L.L. No. 1-1999; 11-16-2020 by L.L. No. 2-2020]
ACCESSORY DWELLING
A detached accessory building containing only one dwelling
unit which legally existed and was used as a dwelling unit prior to
January 3, 1961.
[Amended 12-21-1998 by L.L. No. 4-1998]
ACCESSORY USE
Use of a building, structure, lot or plot or portions thereof,
which use is customarily incidental and subordinate to the principal
use on a lot or plot or to the principal use of the main building
on the lot. (See the definition of "use" below.)
ADEQUATE COVERAGE
Coverage for a personal wireless service facility is considered
to be adequate within that area when the transmitted signal is capable
of being sent or received. It is acceptable for there to be holes
within the intended coverage area.
[Added 9-19-2000 by L.L. No. 1-2000]
ALTERATION
A.
Buildings and structures. Any change, addition
or modification in fittings, construction or arrangement of a building
or structure or any change in use from one classification to another
or the removal of a building or structure from one location to another.
Alterations shall be deemed to include, without limitation, any installation,
change, rearrangement or replacement of plumbing, heating or electrical
lines and stairs, partitions or exit facilities.
B.
Lots. Any change or modification to the grade
of a lot involving the movement, removal or addition of more than
10 cubic yards of earth, soil or fill or the creation, change or modification
of a driveway or other means of access to a lot.
ARTIFICIAL BODY OF WATER
Any man-made body of water, such as a pond, stream, decorative
pool, fountain or waterfall.
[Added 12-21-1998 by L.L. No. 4-1998]
ATTIC
The space between the ceiling beams of the top habitable
story and the rafters, which space is not used for human occupancy.
In the case of a building having a pitched roof, if the attic floor
is not more than two feet below the plate, it shall be counted as
a half-story. (See the definition of "story, half" below.)
BASEMENT
A story where the floor is not less than two feet below finished
grade and the ceiling is not less than four feet six inches above
finished grade. (See the definition of "cellar" below.)
[Amended 1-26-2006 by L.L. No. 1-2006]
BUFFER AREA
A twenty-foot wide vegetated area on a lot contiguous to
its side and rear boundary lines, excluding the side boundary line
which is contiguous to a street on a corner lot.
[Added 1-26-2006 by L.L. No. 2-2006]
BUILDING
Any structure having a roof supported by columns or by walls.
The term "building" shall be construed as if followed by the words
"or parts thereof."
BUILDING COVERAGE
The total area of a lot covered by all buildings and structures
thereon, both principal and accessory, measured by the exterior dimensions
of such buildings and structures.
BUILDING LINE
The line, established by this chapter or other applicable
ordinances, beyond which line a building shall not extend, except
as may specifically be provided by these regulations.
BUILDING PERIMETER
The exterior faces of the exterior walls of a building or
a story of the building.
[Added 1-26-2006 by L.L. No. 1-2006]
BUILDING, PROXIMATE
Any detached accessory building located within 20 feet of the main building or within 20 feet of a proximate building. Any proximate building shall be deemed part of the main building for the calculation of maximum building volume and the requirements of §
205-10E relating to the main building.
[Added 1-26-2006 by L.L. No. 1-2006]
BUILDING VOLUME
The sum of the cubic footage of a building as calculated under Code §
205-10D.
[Added 1-26-2006 by L.L. No. 1-2006;
amended 10-21-2019 by L.L. No.
2-2019]
CELLAR
That portion of a building where the ceiling is below finished
grade or less than four feet six inches above finished grade. (See
the definition of "basement" above.)
[Amended 1-26-2006 by L.L. No. 1-2006]
COLLEGE OR UNIVERSITY
A not-for-profit educational institution chartered by the
Regents of the University of the State of New York or approved by
and under the supervision of the New York State Department of Education
giving instruction in academic and technical subjects only at the
college or university level.
CONDITIONAL USE
A use specifically listed in the district regulations for which the Board of Appeals, pursuant to Article
VI, may grant a conditional use permit indicating the circumstances under which such a conditional use may receive a zoning or building permit from the Building Inspector.
[Amended 9-16-2008 by L.L. No. 2-2008]
DEVELOPMENT
Any of the following: grading, filling, paving, removal of
a tree, grass or ground cover, and construction of any structure or
underground utility equipment.
[Added 1-26-2006 by L.L. No. 2-2006]
DISTRIBUTED ANTENNA SYSTEM or DAS
A network of spatially separated antenna nodes connected
to a common source via a transport medium that provides wireless service
within a geographic area or structure.
[Added 3-27-2013 by L.L. No. 2-2013]
DWELLING
A building designed or used exclusively as residential living
quarters and arranged or intended to be occupied by one family only.
DWELLING, SINGLE-FAMILY
A one-family detached dwelling consisting of or intended
to contain only a one-family dwelling unit and having no party wall
or walls in common with an adjacent house or building.
DWELLING UNIT
One or more habitable rooms with provisions for cooking,
living, sanitary and sleeping facilities arranged for the use of one
family only. Without limitation, the term shall not be deemed to include
an automobile court, motel, boardinghouse or rooming house, college
dormitory, mobile house trailer, mobile home, tourist home or tent.
(See the definition of "family" below.)
EXISTING BUILDING SITE
A contiguous portion of a lot consisting of at least 30,000 square feet for a lot in the Suburban Estate OP1 (five-acre) District and at least 15,000 square feet for a lot in the Residence R1 (two-acre) District upon which the main building is located but which portion excludes minimum yard areas [except additional yard setback areas specified in §
205-10E Note (c)], water bodies, fresh water wetlands, floodplains, drainage reserve areas, easements, and slopes with a gradient in excess of 15% unless variances or approvals as required by the Village or any other governmental agency are previously obtained for such site.
[Added 1-26-2006 by L.L. No. 2-2006]
FAMILY
A.
One, two, three, four or five persons occupying
a dwelling unit or six or more persons occupying a dwelling unit and
living together as a traditional family or the functional equivalent
of a traditional family.
B.
It shall be presumptive evidence that six or
more persons living in a single dwelling unit who are not related
by blood, marriage or legal adoption do not constitute the functional
equivalent of a traditional family.
C.
In determining whether individuals are living
together as the functional equivalent of a traditional family, the
following criteria must be present:
(1)
The group is one which, in theory, size, appearance,
structure and function, resembles a traditional family unit, which
may include bona fide domestic servants employed at the premises on
a full-time basis.
(2)
The occupants must share the entire dwelling
unit and live and cook together as a single housekeeping unit. A unit
in which the various occupants act as separate roomers may not be
deemed to be occupied by the functional equivalent of a traditional
family.
(3)
The group (excluding bona fide domestic servants)
shares expenses for food, rent or ownership costs, utilities and other
household expenses.
(4)
The premises are being occupied in strict accordance
with all applicable health, safety and fire codes.
(5)
The group is permanent and stable. Evidence
of such permanency and stability may include:
(a)
The presence of minor dependent children regularly
residing in the household who are enrolled in local schools;
(b)
Members of the household have the same address
for purposes of voter registration, driver's license, motor vehicle
registration and filing of taxes;
(c)
Members of the household are employed in the
area;
(d)
The household has been living together as a
unit for a year or more, whether in the current dwelling unit or other
dwelling units;
(e)
Common ownership of furniture and appliances
among the members of the household; and
(f)
The group is not transient or temporary in nature.
(6)
Any other factor reasonably related to whether
or not the group is the functional equivalent of a family.
FAMILY SWIMMING POOL
Any artificial body of water or receptacle for water having
a depth at any point greater than 18 inches and used or intended to
be used for swimming or bathing and permanently constructed, installed
or maintained in or above the ground out of doors on the lots with
the accessory to a dwelling, which pool is used solely by the owner
or lessee thereof and his family and by friends invited to use such
pool without payment of any fee. The term shall include all structures,
appurtenances, equipment and other facilities appurtenant to the use
and operation of such pool.
[Amended 11-16-2020 by L.L. No. 2-2020]
FLAT ROOF
Any roof or portion thereof having a pitch of less than six
on 12.
[Added 1-26-2006 by L.L. No. 1-2006]
FLOOR AREA
Total horizontal area of the floor or floors of the building
or structure measured from inside the building perimeter including
the horizontal area of stairwells, atriums, elevator shafts, other
voids in the floor and exterior open areas covered by a roof projecting
more than 24 inches from a wall of the building.
[Amended 1-26-2006 by L.L. No. 1-2006]
FOOTPRINT
The area of earth covered by the foundation and porches of
the building.
[Added 1-26-2006 by L.L. No. 2-2006]
FRONT LOT LINE
The property line separating the lot from the abutting street
or streets which give access to the lot.
GARAGE, PRIVATE
An accessory building used to accommodate one or more motor
vehicles or conveyances owned and used by the owner or tenant of the
premises, in which garage no business, service or occupation is conducted
or rendered for profit.
GROSS FLOOR AREA
The sum of the horizontal areas of the floors of a building
or buildings measured from the exterior of the outside walls of such
building or buildings, without exclusion of any areas of the floors
being measured whatsoever, except that for half stories horizontal
areas where the vertical distance between the floor or floor beams
and the ceiling or roof of the structure next above is less than 7 1/2
feet shall be excluded.
GUEST HOUSE
A detached accessory building legally existing prior to December
31, 1996, containing living and sleeping quarters, but no cooking
facilities, arranged and intended for the sole use of persons regularly
employed on the premises by the family occupying the main dwelling
and/or for temporary use by guests of the occupants of the main dwelling,
provided that such guest house shall not be rented or otherwise used
as a separate dwelling.
HABITABLE FLOOR AREA
The sum of the gross floor areas of the several floors of
a building, measured from the exterior faces of the exterior walls
of the building, including floor space in habitable rooms, interior
balconies and roofed porches, but excluding attics, cellars, built-in
garages, carports and breezeways.
HABITABLE ROOM
An undivided and enclosed space within a dwelling, which
space is designed or used for living, sleeping or kitchen facilities.
The term excludes attics, bathrooms, cellars, corridors, hallways,
laundries, serving pantries, storage rooms or similar places.
HEIGHT
The height of a building or structure measured from the lowest
level of the original grade surrounding the building or structure
to the highest point of the roof of a building or the top of the structure.
[Amended 1-26-2006 by L.L. No. 1-2006; 10-21-2019 by L.L. No. 2-2019]
HOME OCCUPATION
An accessory use of the character customarily conducted entirely
within a dwelling by the residents thereof using only customary home
appliances, which use is clearly incidental and secondary to the use
of the dwelling for dwelling purposes, does not change the character
thereof, does not have any exterior evidence of such secondary use
and which does not involve the keeping of a stock-in-trade or the
display of any goods or items of trade on the premises. Among the
uses that are not permitted shall be the conducting of a clinic, hospital,
convalescent or nursing home, barbershop, beauty parlor, photographer
salon, art gallery, tea room, restaurant, tourist home, insurance
or real estate agency, animal hospital, kennel or stable, dancing
instruction, music instruction, band instrument instruction in groups,
funeral home, stores of any kind or any similar use.
HOUSEKEEPING UNIT
Persons living together and occupying a separate building
or dwelling unit in a family-like living arrangement as the functional
and factual equivalent of a natural family and who use all rooms and
housekeeping facilities in common.
LOT
A parcel of land occupied or capable of being occupied by
one main building and its accessory buildings or uses in accordance
with the provisions of this chapter, and including the open spaces
required by this chapter, which parcel of land has its front lot line
on a street. (See the definition of "street" below.)
LOT AREA
The total horizontal area included within lot lines, excluding
any part of an access road or right-of-way which provides access to
an adjacent lot.
LOT AREA, GROSS
The total horizontal area included within lot lines.
[Added 1-26-2006 by L.L. No. 2-2006]
LOT AREA, NET
The gross lot area, excluding any portions of a lot enumerated in §
205-10E Note (a).
[Added 1-26-2006 by L.L. No. 2-2006]
LOT, CORNER
A lot fronting on two streets at their intersection. The
owner, when first applying for a building permit, shall designate
which of the two streets is to be the principal frontage for the purpose
of establishing the front, rear and side yard requirements of the
lot.
LOT DEPTH
The mean horizontal distance between the front and rear lot
lines, measured in the mean direction of the side lot lines.
LOT FINISHED GRADE
The grade of a lot, or portion thereof, which has been approved
by the Architectural/Site Plan Commissioner or Planning Board.
[Added 1-26-2006 by L.L.
No. 1-2006; amended 10-21-2019 by L.L. No. 2-2019]
LOT ORIGINAL GRADE
The average elevation of the natural ground level prior to
any excavation or any fill being placed, as calculated from elevations
taken along the proposed perimeter of the proposed structure.
[Added 10-21-2019 by L.L.
No. 2-2019]
LOT, THROUGH
A lot having frontage on two parallel or approximately parallel
streets and extending from street to street. The front yard regulations
shall apply on each street.
LOT WIDTH
The mean horizontal distance between the side lot lines,
measured in the general direction of the front line or the chord of
the arc of a curved front line.
MAIN BUILDING
The building designed for, occupied by or intended to accommodate
the principal use or uses permitted on the property in the district
in which such building or use is located. (See the definitions of
"building" and "use.")
MONOPOLE
A freestanding pole having a single point of location on
the ground comprising a part of a wireless telecommunication services
facility. For purposes of this chapter, the term "monopole" shall
include, in addition to the pole, all other components of the wireless
telecommunication services facility.
[Added 9-19-2000 by L.L. No. 1-2000]
NIER
Non-ionizing electromagnetic radiation.
[Added 9-19-2000 by L.L. No. 1-2000]
NODE
A low wireless telecommunication facility, containing electrical
and telecommunications equipment and antenna(s), which is part of
a distributed antenna system.
[Added 3-27-2013 by L.L. No. 2-2013]
NONCONFORMING BUILDING OR STRUCTURE
A building or structure legally existing at the effective
date of this chapter affecting such building or structure which does
not conform to the dimensional regulations of this chapter for the
district in which it is situated, irrespective of the use of such
building or structure.
NONCONFORMING LOT
Any lot legally existing in single and separate ownership
at the effective date of this chapter affecting such lot which does
not conform to the dimensional regulations of this chapter for the
district in which it is situated. If such lot should thereafter be
in the same ownership as an adjoining parcel, it shall lose its status
as a nonconforming lot, except to the extent that the lot created
by the merger of the two parcels shall remain nonconforming in its
merged form.
NONCONFORMING USE
Any use of a building, structure, lot or land or part thereof
legally existing at the effective date of this chapter affecting such
use which does not conform to the use regulations of this chapter
for the district in which it is situated. A temporary authorization
of a permit for a prohibited use granted by the Board of Appeals prior
to the effective date of this chapter shall not be construed to establish
a "nonconforming use" as herein defined, and therefore any such authorization
and its related use shall terminate at the expiration thereof.
PARKING AREA
An open, off-street land area, including parking spaces and
access aisles, used or required by this chapter for the temporary
parking of automotive vehicles and in which area no business of any
kind is conducted.
PARKING SPACE
An off-street space available for the parking of motor vehicles
on a transient basis and having a minimum width of nine feet and an
area of not less than 180 square feet, exclusive of passageways and
driveways appurtenant thereto and giving access thereto, and having
direct usable access to a street.
POTENTIAL BUILDING SITE
A contiguous portion of a lot consisting of at least 30,000 square feet for a lot in the Suburban Estate OP1 (five-acre) District and at least 15,000 square feet for a lot in the Residence R1 (two-acre) District upon which construction of the main building is intended, but which portion excludes minimum yard areas [except additional yard setback areas specified in §
205-10E Note (c)], water bodies, freshwater wetlands, floodplains, drainage reserve areas, easements, and slopes with a gradient in excess of 15%. (See Appendix A.)
[Added 1-26-2006 by L.L. No. 2-2006]
REPEATER
A small, supplementary and accessory bi-directional amplifier
facility designed and limited in height and transmission power to
provide service only where there is a failure of coverage and to minimize
visual impacts and the need for primary base stations.
[Added 9-19-2000 by L.L. No. 1-2000]
RESERVATION
Land, publicly or privately owned, which is dedicated to
the enhancement, preservation and protection of the natural environment,
including native trees, ground cover, soil, groundwater and natural
fauna, and incidental structures appurtenant thereto.
ROOF AREA
The total horizontal area inside the perimeter of the walls
that support trusses or rafters of a roof.
[Added 1-26-2006 by L.L. No. 1-2006]
SECONDARY WIRELESS TELECOMMUNICATION SERVICES FACILITY
A small wireless telecommunication services facility that
is intended, designed and limited in its implementation to provide
service only in and for an area where there is a failure of coverage.
Such facility shall be limited in height and transmission power to
the minimum necessary to achieve adequate coverage in the area where
there is a failure of coverage.
[Added 9-19-2000 by L.L. No. 1-2000]
SETBACK
The minimum required depth of a yard between a lot line and
the use, building or structure located on a lot.
SEVERE SLOPE
An area of land with a gradient of or greater than 25% over
a horizontal length of at least 25 feet and extending for a horizontal
width of at least 25 feet.
[Added 1-26-2006 by L.L. No. 1-2006]
SIGN
Any structure or part thereof or device attached thereto
or painted or represented thereon which displays or includes any letter,
word, model, banner, flag, pennant, insignia, device or representation
used as or which is in the nature of an announcement, direction or
advertisement. For the purpose of this chapter, the word "sign" includes
"billboard" but does not include governmental highway or traffic directional
signs or the flag, pennant or insignia of the United States of America,
State of New York or other political unit or a residential sign not
exceeding two square feet located on a lot to identify the occupant
or owner of the lot.
SIGN, ADVERTISING
A sign which directs attention to a business, commodity,
service, entertainment or event conducted, sold or offered elsewhere
than upon the premises.
SIGN, BUSINESS
A sign which directs attention to a business or profession
conducted upon the premises. A "for sale" or "to rent" sign relating
to the property on which it is displayed shall be deemed a business
sign.
SLOPE LAND
Shall consist of steep slopes and severe slopes as defined
herein measured as the average grade change over a distance of 25
feet perpendicular to natural contour lines. Topographical contour
lines shall be at intervals showing no more than two feet of grade
change. (See Appendix A.)
[Added 1-26-2006 by L.L. No. 2-2006]
SPECIAL USE
A use specifically listed in the district regulations for
which the Village Board of Trustees may grant a special use permit
indicating the circumstances under which such a special use may receive
a zoning or building permit from the Building Inspector.
[Added 9-16-2008 by L.L. No. 2-2008]
STABLE, PRIVATE
An accessory building used for the housing of one or more
horses owned and used by the owner or tenant of the dwelling to which
the stable is accessory, such horses or stables not to be let for
commercial livery.
STEALTH or STEALTH TECHNOLOGY
Means to minimize adverse aesthetic and visual impacts on
the land, property, buildings, and other facilities adjacent to, surrounding,
and in generally the same area as the requested location of a wireless
telecommunication services facility, which shall mean using the least
visually and physically intrusive facility that is possible under
the facts and circumstances.
[Added 3-27-2013 by L.L. No. 2-2013]
STEEP SLOPE
An area of land with a gradient of or greater than 15%, but
less than 25%, over a horizontal length of at least 25 feet and extending
for a horizontal width of at least 25 feet.
[Added 1-26-2006 by L.L. No. 2-2006]
STORY
That portion of a building included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between the surface of the floor and the top of the ceiling beams next above it. For calculations of the height of a particular story, see Code §
205-10D.
[Amended 7-27-1999 by L.L. No. 1-1999; 10-21-2019 by L.L. No. 2-2019]
STORY, FIRST
A story of a building which is immediately above the foundation
story.
[Added 1-26-2006 by L.L. No. 1-2006]
STORY, FOUNDATION
A story of a building which is in direct contact with the
ground.
[Added 1-26-2006 by L.L. No. 1-2006]
STORY, HALF
The uppermost story with at least two opposite exterior sides
meeting a sloping roof not more than two feet above the surface of
the floor of such story.
STORY, ROOF
The uppermost portion of the building included between the
highest ridge of each portion of the roof and the eave below each
ridge. The highest ridge of a pyramid styled roof or a curved roof,
such as a dome or a barrel vault, shall be its highest point.
[Added 1-26-2006 by L.L. No. 1-2006]
STORY, SECOND
A story of the building which is immediately above the first
story and is not a roof story.
[Added 1-26-2006 by L.L. No. 1-2006]
STREET
A public thoroughfare, publicly or privately owned, or a
private road which affords the principal means of access to abutting
property and which appears on the Official Map of the Village or on
a plat or map duly approved by the Planning Board.
STRUCTURE
A combination of materials to form a safe and stable construction,
including, among others, a building, greenhouse, stadium, reviewing
stand, flagpole, platform, deck, paved terrace, paddock, corral, patio,
wall, fence, gatepost, electrical generator, solar panel, disk-type
satellite antenna having a diameter over five feet, antenna tower,
swimming pool, shed, shelter, tennis and other athletic court and
display sign. The term "structure" shall be construed as if followed
by the words "or part thereof."
[Amended 12-21-1998 by L.L. No. 4-1998; 7-27-1999 by L.L. No. 1-1999]
TERRACE
An open, unroofed, paved area designed or used for outdoor
activity, except walkways less than five feet wide and driveways.
[Amended 7-27-1999 by L.L. No. 1-1999]
TREE
Any living, woody plant which has a DBH of four inches or
more.
[Added 9-19-2000 by L.L. No. 1-2000]
TREE REMOVAL PERMIT
A permit granted under this chapter which allows the removal
of regulated trees as defined herein.
[Added 9-19-2000 by L.L. No. 1-2000]
USE
The purpose for which land or a building is arranged, designed
or intended or for which either is or may be occupied or maintained.
VARIANCE
A modification of the regulations of this chapter granted by the Board of Appeals pursuant to the provisions of Article
IX of this chapter. Any use, building or structure granted a variance shall be a nonconforming use, building or structure.
[Amended 9-19-2000 by L.L. No. 1-2000]
A.
USE VARIANCEThe authorization by the Board of Appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by this chapter.
B.
AREA VARIANCEThe authorization by the Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of this chapter.
VILLAGE
The Incorporated Village of Upper Brookville.
VILLAGE LAW
The Village Law of the State of New York as the same applies
to the Village.
WIRELESS TELECOMMUNICATION SERVICES
The provision of wireless telecommunication services, including
those more commonly referred to as cellular telephones, which services
are regulated by the Federal Communications Commission (FCC) in accordance
with and as the term "personal wireless services" is defined in the
Communications Act of 1934, as amended by the Telecommunications Act
of 1996, 47 U.S.C. § 322(c)(7)(C), or as hereafter amended.
With the exception of communications for the Village of Upper Brookville
Police, Fire, Ambulance and Highway Departments, the term "wireless
telecommunication services" shall specifically exclude all other services
not included in the FCC definition of "personal wireless services."
[Added 9-19-2000 by L.L. No. 1-2000]
WIRELESS TELECOMMUNICATION SERVICES FACILITY
Any equipment used in connection with the commercial operation
of wireless telecommunication services, as defined herein, and as
the term "personal wireless services facilities" is defined in the
Communications Act of 1934, as amended by the Telecommunications Act
of 1996, 47 U.S.C. § 332(c)(7)(C), or as hereafter amended,
to transmit and/or receive frequencies, including but not limited
to antennas, monopoles, equipment, appurtenances and structures classified
as follows:
[Added 9-19-2000 by L.L. No. 1-2000;
amended 3-27-2013 by L.L. No. 2-2013]
A.
High wireless telecommunication services facility: a facility
involving a structure and its equipment of 45 feet or more in height,
excluding any permitted omni ("whip") style of antenna having a maximum
diameter of three inches and a length of 72 inches.
B.
Low wireless telecommunication services facility: a facility
involving a structure and its equipment of less than 45 feet in height,
excluding any permitted omni ("whip") style of antenna which shall
not exceed more than three inches in diameter and a length exceeding
72 inches.
YARD
An open space, which open space is unoccupied and unobstructed
from the ground to the sky along the entire length of a lot line and
from the lot line for a depth or width prescribed in the applicable
district yard regulations.
YARD, FRONT
The yard extending across the full width of the lot and lying
between the front lot line and the front building line.
YARD, REAR
The yard between the rear building line and the rear lot
line and extending from side lot line to side lot line. On a corner
lot the rear yard shall extend from the interior side lot line to
the exterior side yard on the street side.
YARD, SIDE
A yard between the side building line and the adjacent side
line of the lot and extending through from the front yard to the rear
yard or, in the absence of either of such yards, extending to the
front and rear lot line as the case may be. On a corner lot the exterior
side yard shall extend from the front yard to the rear lot line.