A.Â
Words used in the present tense include the future;
the singular number includes the plural and the plural the singular;
the word "person" includes a corporation as well as an individual;
the word "lot" includes the word "plot."
B.Â
The term "occupied" or "used," as applied to any building,
shall be construed as though followed by the words "or intended, arranged
or designed to be occupied or used."
Unless otherwise expressly stated, the following
terms shall, for the purposes of this chapter, have the meanings herewith
indicated:
A building or structure subordinate to the main building on a lot and used for purposes customarily incidental to those of the main building, and shall include, but shall not be limited to, garages, greenhouses, tool sheds, power plants, covered porches and patios, dog houses, chicken coops and other animal shelters, and shall exclude fences, gates, gateposts, fireplaces, retaining walls, pools and pergolas all of which shall be deemed to be accessory structures and shall be subject to the regulations set forth in Article XVII.
[Amended 1-23-1953]
The maximum horizontal projected area of a building and its
accessories.
All facilities approved for use as a cannabis retail sales
establishment or cannabis indoor smoking establishment. No more than
two cannabis establishments may be located within the ED-A District.
[Added 10-11-2022 by L.L. No. 3-2022]
Any facility whose business operation is an approved location
for indoor smoking of cannabis in any form. "Smoking" is the inhalation
of the smoke of burning cannabis encased in cigarettes, pipes, cigars,
electronic cigarettes, pipes, waterpipes, or any similar device. Smoking
outside of the establishment shall be prohibited at all times.
[Added 10-11-2022 by L.L. No. 3-2022]
A commercial facility that provides cannabis goods directly
to the consumer, where such goods are available for immediate purchase
and removal from the premises by the purchaser.
[Added 10-11-2022 by L.L. No. 3-2022]
A number of one- or two-family dwellings planned and constructed
at the same time and arranged to compose a harmonious and unified
group.
An open, unoccupied space on the same lot with a building
and not extending to either the street or the rear yard.
An open, unoccupied space on the same lot with a building
extending to either the street or the rear yard.
The permanently established grade of the street in front
of the lot. Where the lot level is higher than the '-curb level,"
the average level of the former, along the wall in question, may be
taken as the base for measuring the height of a side yard, inner court
or outer court. Where a lot fronts upon two or more streets of different
levels, the "curb level" of the higher street may be taken as the
base for measuring the height of open spaces and buildings to a distance
of 100 feet back from the street with the higher "curb level."
The mean distance from the street line of the lot to the
rear line, measured in the general direction of the side lines of
the lot.
The maximum height to the uppermost eave, as measured from
the pre-existing average grade at the perimeter of or lowest point
of the roof.
[Added 12-11-2000 by L.L. No. 8-2000]
One or more persons related by blood, adoption or marriage
living and cooking together as a single housekeeping unit, exclusive
of household servants. A number of persons, but not exceeding two
and their children thereof, living and cooking together as a single
housekeeping unit. though not related by blood, adoption or marriage,
shall be deemed to constitute a "family." For the purpose of this
definition, foster children under the care of persons occupying or
owning a dwelling will be considered to be "related by blood."
[Amended 10-21-1985 by L.L. No. 5-1985]
Any roof with a pitch of less than three inches per foot.
[Added 8-14-2017 by L.L.
No. 4-2017]
The sum of the gross horizontal area of all floors of a dwelling
as measured to the outside surfaces of exterior walls as well as attached
garages, enclosed porches and roofed porches having more than 50%
of the perimeter enclosed or screened. Excluded are any floors or
basements whose ceilings are less than four feet above grade and spaces
having headroom of less than seven feet, provided that the space is
nonhabitable.
[Added 8-12-2002 by L.L. No. 2-2002]
That part of any building above a story and having at least
two opposite exterior walls meeting a sloping roof at a level no higher
above the floor than 1/2 the floor to ceiling height of the story
below, but having not less than five feet of clear headroom at any
point.
[Added 12-11-2000 by L.L. No. 8-2000]
The vertical distance measured, in the case of flat roofs,
from the curb level to the highest point of the roof beams adjacent
to the street wall and, in the case of pitched roofs, from the curb
level to the average height of the gable. In the case of both flat
roofs and pitched roofs, the measurements shall be made through the
center of the street facade. Where no roof beams exist or there are
structures wholly or partly above the roof, the height shall be measured
from the curb level to the highest point of the building. Where the
walls of a building do not adjoin the street, the average level of
the ground along the front wall of the building may be taken in measuring
its height instead of the curb level.
The least of the horizontal dimensions of such court or yard.
The horizontal distance between the end opening on a street
or a rear yard and the end opposite such street or rear yard.
A parcel of land occupied by one building and the accessory
buildings or uses customarily incident to it, including such open
spaces as are required by this chapter.
A parcel of land at the junction of and fronting on two intersecting
streets.
[Amended 3-9-1992 by L.L. No. 3-1992]
A lot other than a corner lot.
A building or use that does not conform to the regulations
of the district in which it is situated.
A garage available to the public, operated for gain and in
which repairs may be made.
That part of a building between any floor, including the
ground floor, and the floor above or, in its absence, the ceiling
or roof above. A "story" used for garage purposes or in which persons
live, sleep, work or congregate, the ceiling of which is more than
three feet above the curb level, shall be counted as that fraction
of a "story" which its height above the curb level bears to the height
of the "story." A "story" which extends less than three feet above
the curb level shall not be counted in determining the number of stories.
Any "story" under the pitched roof at the top of a building, the floor
of which is not more than two feet below the plate, shall be counted
a half story when not more than 60% of said floor area is used for
rooms, baths or toilets; otherwise, it shall be counted as that fraction
of a "story" which its floor area in rooms, baths and toilets bear
to the entire area.
[Amended 7-28-1960]
The dividing line between the street and the lot.
An open, unoccupied space on the same lot with a building
situated between the street wall of the building or any porch thereof
and the street line of the lot.
An open, unoccupied space on the same lot with a building
between the rear wall of the building and the rear line of the lot.
[Amended 12-11-2000 by L.L. No. 8-2000; 5-11-2015 by L.L. No. 1-2015]
An open, unoccupied space on the same lot with a building
situated between the building and the side line of the lot and extending
through from the street to the rear yard or, where no rear yard is
required, to the rear line of the lot. On a corner lot, there shall
be only one side yard opposite the wider street frontage.
[Amended 12-11-2000 by L.L. No. 8-2000]
