[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.[1]
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.)[2]
[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]
CORNER LOT
See "lot, corner."[3]
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.[4])[5]
[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.[6])[7]
[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][8]
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.
[1]
Editor’s Note: The former definition of “approving authority,” added 9-19-2000 by L.L. No. 1-2000, which immediately followed this definition, was repealed 5-15-2007 by L.L. No. 5-2007.
[2]
Editor’s Note: The former definition of “clearing,” added 9-19-2000 by L.L. No. 1-2000, which immediately followed this definition, was repealed 5-15-2007 by L.L. No. 5-2007.
[3]
Editor’s Note: The former definition of “DBH (diameter at breast height),” added 9-19-2000 by L.L. No. 1-2000, which immediately followed this definition, was repealed 5-15-2007 by L.L. No. 5-2007.
[5]
Editor’s Note: The former definition of “regulated activity,” added 9-19-2000 by L.L. No. 1-2000, which immediately followed this definition, was repealed 5-15-2007 by L.L. No. 5-2007.
[7]
Editor’s Note: The former definition of “specimen tree,” added 9-19-2000 by L.L. No. 1-2000, which immediately followed this definition, was repealed 5-15-2007 by L.L. No. 5-2007.
[8]
Editor’s Note: The former definitions of “tree removal” and “tree removal permit,” both added 9-19-2000 by L.L. No. 1-2000, which immediately followed this definition, were repealed 5-15-2007 by L.L. No. 5-2007.