Town of Salina, NY Title and Definitions

Words used in the present tense include the future tense.

ABANDONED GASOLINE SERVICE FACILITY

The singular includes the plural.

(3)

The word "person" includes a corporation as well as an individual.

(4)

The term "shall" is always mandatory; the term "may" is permissive.

(5)

The word "used" or "occupied," as applied to any land or building, shall be construed to include the words "intended, arranged or designed to be used or occupied."

Terms defined.

A gasoline service facility where there has been no continuous business operation for a period of six months, provided that a gasoline service facility shall not be deemed an abandoned gasoline service facility during any period of time when the nonoperation of said gasoline service facility is authorized by variance granted by the Board of Appeals.

ACCESSORY TELECOMMUNICATIONS STRUCTURE

An accessory facility or structure serving or being used in conjunction with a telecommunications facility or tower and located on the same lot as the telecommunications facility or tower. Examples of such structures include utility or transmission equipment, storage sheds or cabinets.

[Added 3-23-1998 by Ord. No. 1998-2]

ADULT USE ESTABLISHMENT

A private establishment or any part thereof which presents any of the following entertainment, services or sales or rentals on one or more occasions:

ADULT ARCADEAny place to which the public is permitted or invited wherein coin-operated, slug-operated or electronically, electrically or mechanically controlled still or motion-picture machines, projectors or other image-producing devices are maintained to show images thereon said devices or portions thereof and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.

ADULT BOOKSTORE or ADULT VIDEO STOREA commercial establishment which, as one of its business purposes, offers for sale or rental any of the following: books, magazines, periodicals or other printed matter or photographs, films, motion pictures, video cassettes 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 are designed, advertised or sold for use in connection with any specified sexual activity. A commercial establishment may have other business purposes that do not involve the offering for sale or rental of the aforementioned specified materials or products and still be categorized as an "adult bookstore" or "adult video store" if one of its business purposes is the offering for sale or rental of the above specified materials or products which depict or describe any specified sexual activity(ies) or any specified anatomical area(s).

(3)

ADULT CABARETA nightclub, bar, restaurant or similar commercial establishment which permits or provides for the entertainment of its patrons any of the following:

Person(s) who appears in a state of nudity.

Live performances which are characterized by the exposure of any specified anatomical area(s) or by the performance or depicting of any specified sexual activity(ies).

(c)

Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of any specified sexual activity(ies) or any specified anatomical area(s).

(4)

ADULT MOTELA hotel, motel or similar commercial establishment which:

Offers accommodations to the public for any form of consideration and which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic or visual reproductions which are characterized by the depiction or description of any specified sexual activity(ies) or specified anatomical area(s) and has a sign or other means of visual display of information which is visible from the public right-of-way and which advertises the availability of this adult type of photographic reproductions.

Offers a sleeping room for rent for a period of time that is less than 10 hours.

(c)

Allows a tenant or occupant of a sleeping room to sub-rent the room to another(s) for a period of time that is less than 10 hours.

(5)

ADULT MOTION-PICTURE THEATERA commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic or visual reproductions are shown and which are characterized by the depiction or description of any specified sexual activity(ies) or any specified anatomical area(s).

(6)

ADULT THEATERA theater, concert hall, auditorium or similar commercial establishment which permits or provides acts, shows or entertainment by persons who appear in a state of nudity, or who display or exhibit any specified anatomical area(s).

(7)

SEXUAL ENCOUNTER CENTERA business or commercial enterprise that, as one of its business purposes, offers for any form of consideration any of the following:

Physical contact in the form of wrestling or tumbling between persons of the opposite sex.

Activities between male and female persons and/or persons of the same sex when one or more of the persons is displaying any specified anatomical area.

(8)

ESCORTA 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 remove in the presence of another part or all of his/her clothing.

(9)

ESCORT AGENCYA person or business entity who/which furnishes, offers to furnish or advertises to furnish escorts as one of its business purposes, for consideration in any form or amount.

(10)

NUDE MODEL STUDIOAny place where a person who appears in a state of nudity or displays any specified anatomical area(s) is provided for the purpose of being observed, sketched, drawn, painted, sculptured, photo7graphed or similarly depicted by another person or persons who pay money or any form of consideration therefor.

(11)

NUDITYA state where a person is bare, naked or unclothed, or displays or exhibits a less than completely and opaquely covered specified anatomical area(s).

(12)

MASSAGE PARLORAn establishment where, for any form or amount of consideration, massage, alcohol rub fomentation, electric, magnetic or similar treatment or manipulation of part or all of the human body is administered, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist or similar professional person licensed by the State of New York. This definition shall not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service to such aforementioned principal use(s).

(13)

SPECIFIED ANATOMICAL AREASAny of the following:

Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breast(s) below a point immediately above the top of the areole(s); or

Human male genitals in a state of sexual stimulation or arousal, or in a discernibly turgid state, even if completely and opaquely covered.

(14)

SPECIFIED SEXUAL ACTIVITYAny of the following:

Masturbation, sexual intercourse, oral copulation or sodomy.

GASOLINE SERVICE FACILITY

Fondling or other erotic touching of human genitals, pubic regions, buttocks, anus or female breasts.

(c)

Masochism, erotic or sexually oriented torture or flagellation, beating or the infliction of pain.

(d)

Erotic touching, fondling or other such contact between an animal and a human being.

ADVERTISING DEVICE

An emblematic design, including those which are composed of light rays only, calculated to attract public attention to a product, service or undertaking, irrespective of profit motives and including charitable, religious, institutional and quasi-public enterprises, and encompassing activities both on and off the property where such designs are situated. All audible advertising techniques, except those transmitted privately by public communications systems, are prohibited. This definition shall include what are commonly termed signs, billboards, posters, symbols and similar devices, of whatever composition, size, location or color.

AGRICULTURAL USE

Utilization of land and/or structures for agricultural purposes, excluding breeding, keeping or raising of animals and expressly prohibiting any manufacturing process and on-site sales, whether retail or wholesale.

ALTERATION

Any change or substitution in the composition or arrangement of integral components of a structure, excluding purely decorative treatment and including physical enlargement or diminution of a structure or floor space therein; additions to the facade of a structure are alterations. As applied to a site, alteration shall include any change in size or exterior boundaries, relocation or reorientation of lot lines and location or orientation of structures and/or landscaping devices (natural and artificial) situated within or incidental to the use of the site.

ANTENNA

A system of electrical conductors that transmit or receive radio frequency signals. Such signals shall include but not be limited to radio, televisions, cellular, paging, personal communications services and microwave communications.

[Added 3-23-1998 by Ord. No. 1998-2]

APARTMENT

A dwelling contained within a multiple dwelling.

BILLBOARD

An advertising device which displays, promotes or advertises goods, products, services, facilities or similar items which are conducted, sold, provided or offered on a lot other than the lot on which said advertising device is located, notwithstanding that such may also be incidentally sold, provided or offered also on the lot on which said device is located.

[Added 11-27-2000]

BUILDING

Any structure with exterior walls and a roof.

CARE HOME

Group quarters designed for and intended to accommodate persons not requiring hospitalization, but necessitating supervision because of age, including rest homes, nursing homes, homes for the aged and similar uses, and whether or not containing medical facilities for limited therapy. The offices of physicians, dentists and similar professionals providing a direct medical service to the occupants of care homes shall be permitted as an accessory use to a care home.

CHILD DAY CARE

Care provided for three or more children away from their own homes for less than 24 hours per day for compensation or otherwise.

COLLOCATED ANTENNAS

Telecommunications facilities which utilize existing towers, buildings or other structures for placement of antenna(s) and which do not require construction of a new tower.

[Added 3-23-1998 by Ord. No. 1998-2]

COURT, INNER

Open space situated between a line connecting the outside corners of the two facing walls as projected inward toward said facing walls and a common wall.

COURT STRUCTURE

A principal structure having two or more facing walls at any level above grade or having an "L" or curvilnear shape.

DAY-CARE CENTER

A place, person, association, corporation, institution or agency which provides day care for three or more children away from their own homes, excluding those receiving family day care or group family day care, for more than three hours and less than 24 hours, with or without payment or compensation. The name, description or form of the entity which operates a day-care center shall not affect its status as a day-care center.

DISTRICT

An area of land as described and/or set forth on the Official Zoning Map of the Town of Salina contained within defined boundary lines and labeled by a zoning district symbol contained in this chapter. All such districts shall be subject to the regulations of this chapter pertaining to the district for which the label pertains and to all other regulations generally or specifically applicable to said district as provided for in this chapter.

DWELLING, MULTIPLE

A principal structure containing three or more dwelling units, including apartment buildings, whether or not operated as a condominium or cooperative, and expressly excluding group quarters, townhouses, care homes, hotels and similar uses having on-premises management.

DWELLING, ONE-FAMILY

A principal structure containing a single dwelling unit for occupancy by only one family.

DWELLING, TWO-FAMILY

A principal structure containing two dwelling units, each for occupancy by only one family.

DWELLING UNIT

A structure or portion thereof designed for and restricted to occupancy by one or more persons living together as a single housekeeping unit.

EXHIBITION

The use of land and/or structures, in whole or in part, for the public display of goods or services, whether or not incidental to or separate from a principal use permitted or located in the same zoning district.

FACING WALLS

Exterior walls of a court structure which are opposite each other. For the purpose of this definition, two walls having an interior angle less than 105º with a common wall shall be considered facing walls.

FAMILY

One or more persons occupying the premises and living as a single nonprofit housing unit.

FAMILY DAY-CARE HOME

The primary residence of a provider of day care for not more than six children away from their homes for more than five hours per week.

FLOOR AREA

The square footage of all floor space within a principal structure, excluding common areas such as halls, staircases, balconies, roof gardens, laundry rooms, storage bins, sanitation and utility areas, and all similar space used in common by two or more uses or tenants.

FLOOR AREA, GROSS

The square footage of all floor space within exterior walls of a principal structure.

FREESTANDING SIGN

Any advertising device not attached to or part of any building, but separately permanently affixed in or upon the ground by any other means, in or upon the ground. Included are pole signs, pylon signs and monument signs.

GARAGE

A structure utilized, designed or located for a purpose of parking and/or storing motor vehicles, recreational vehicles, lawn equipment or trailers.

GARAGE, ATTACHED

Any garage not detached, as defined herein.

GARAGE, DETACHED

A garage which is independent of another structure, whether or not there is complete physical separation (it being intended to include garages attached or connected to another structure by roofs, breezeways or related means), for the purpose of adequately providing for circulation of air, access to sunlight, avoidance of narrow passageways and enhancement of appearance of property.

Land and improvements used for the servicing of motor vehicles, including fueling, lubrication, repairs, washing, sales and servicing of tires, batteries, accessories and parts; sale of food, including prepared food for on- and off-premises consumption, and beverages and other products from a defined retail sales area in which merchandise is displayed for sale to the public, said area being limited in size to a maximum of 1,200 square feet, exclusive of storage, coolers and restroom areas. Merchandise permitted for sale at a gasoline service facility shall not include motor vehicles, trailers, snowmobiles, boats, car-top carriers or similar equipment. There shall be no outside repairs; storage of damaged, junked, unlicensed, dismantled or partially dismantled vehicles; or body shops, paint shops or glass or seat cover repair shops. "Gasoline service facility" includes but is not limited to the following uses:

GASOLINE SELF-SERVICE STATIONA gasoline service facility used for the dispensing of gasoline by means of a qualified attendant controlling an approved console regulating the flow of gasoline into fixed and approved dispensing equipment thereafter to be operated by the customer at one or more pump dispensers.

GROUP FAMILY DAY-CARE HOME

GASOLINE SERVICE COMBINATION CAR-WASH FACILITYA gasoline service facility used in conjunction with a tunnel and/or bay-type structure designed for the washing and/or cleaning of motor vehicles, either on an assembly-line basis or utilizing manual labor.

GROCERY STORE

A structure wherein all food products are sold at retail, as distinguished from restaurants, drive-in restaurants and packaged-food restaurants, and wherein not more than 20% of the floor area is devoted to the sale or display of nonfood products.

The primary residence of a provider of day care for not more than 14 children away from their own homes for more than three hours, but less than 24 hours per day.

GROUP QUARTERS

A structure or portion thereof occupied by two or more persons as a residence, exclusive of family-type dwelling units and irrespective of the availability of common kitchen, recreational, sanitation or similar facilities, including student dormitories, rooming or boarding houses, fraternity or sorority houses and similar uses, as distinguished from multiple dwellings and apartment buildings.

HEAVY MANUFACTURING AND PROCESSING

Manufacturing and processing activities that characteristically produce noise, smoke, fumes, dust or other effluents, or which generally require outside storage of raw materials, products and/or waste materials, including but not limited to the manufacture of chemicals, the production from raw materials of chemicals, cement, explosives, fertilizer, paint products, rubber, soaps, starch, and the byproducts of coke, coal, petroleum and natural gas, milling of metals and grains, flour and feeds, the reduction, refining, smelting and alloying of oil, metal or metal ores, the distillation or reduction of wood or bones, production of concrete and asphalt products, foundries, and brick, tile and pottery yards.

HEIGHT

The vertical measurement, at right angles to the level of grade contiguous to a structure, between the ground and the highest portion thereof; antennas designed for receipt of public radio or television frequencies and attached to a structure may extend not more than 10 feet above maximum height restrictions; radio towers, flagpoles and structures of a similar character which are freestanding or attached to a structure shall (where otherwise permitted) conform to the maximum height restrictions applicable in the district where located.

HOME OCCUPATION

A nonresidential activity customarily conducted within a dwelling unit, in which clients or customers are allowed, expected or encouraged to visit the premises.

HOSPITAL

A structure containing facilities for the treatment of mental and/or physical illness and providing residential quarters for in-patient treatment, which use has been certified by all appropriate governmental agencies.

HOSPITAL, ANIMAL

A structure containing facilities for the treatment of animal illness, as distinguished from the training or breeding of the same.

HOTEL

A multiple dwelling containing facilities for temporary lodging and including what are commonly termed motels, motor inns, tourist homes and similar residential uses. All accessory uses shall meet all supplemental and off-street parking regulations of this chapter.

JUNKYARD

The use of structures or land, in whole or in part, for the receipt, storage and bulk resale of waste materials for reprocessing, including but not limited to motor vehicles and component parts, salvage businesses, paper products, scrap metal, chemicals and abandoned parts of tools, equipment, machinery and similar items, expressly excluding organic matter subject to rapid decomposition. It is the intention of this definition to distinguish a junkyard from a sanitary or garbage dump, and uses similar thereto.

KENNELS

A structure or land used for the breeding or harboring of more than three cats and/or dogs, each one being more than six months in age.

LIGHT MANUFACTURING AND PROCESSING

Manufacturing and processing activities confined to enclosed structures and which activities are not offensive to neighboring uses by sight, sound or odor, including but not limited to parts assembly and fabrication. Specifically excluded are all uses defined as heavy manufacturing and processing, except such uses which are carried on in conjunction with predominately light manufacturing and processing activities in a complex of more than five acres under single ownership.

LOT

An area of land described as a separate parcel in a deed of record on the effective date of the adoption of this chapter. Descriptions of land contained in deeds of record, the whole or any portion of which land has been thereafter included in a subsequently recorded deed, shall not be considered a lot, except for that portion not included in the subsequent description, it being the intention of this definition to confine itself to those parcels which are described in the most recent deeds of record. No lot in an R-1, R-1A, R-2, R-3 and C-1 District shall be occupied by more than one principal structure unless expressly authorized herein.

LOT AREA

A computation of space existing within the perimeter of a lot expressed in square units derived by projecting the lot lines upward to a horizontal plane, it being the intention of this definition to avoid a computation of space where variable grades exist within a lot. For purposes of applying minimum lot area requirements set forth in this chapter, computations shall not include areas within rights-of-way or easements designed and restricted primarily to vehicular traffic, or that portion of which prohibits improvement by structures, unless expressly provided for in this chapter.

LOT, CORNER

A lot contiguous to two or more public or private rights-of-way intersecting at a common point contiguous to and located on the perimeter of the lot.

LOT COVERAGE

That percentage of lot area situated within the exterior walls or projections therefrom (including roofs) of structures, computed similarly to lot area, it being the intention of this definition to provide for functional open space without overhead or above-grade restrictions.

LOT WIDTH

The linear dimension computed by averaging the front and rear lot lines. Where lots do not have four sides, linear dimensions shall be the average of all lines parallel to and extending between the front setback line and 1/2 the distance to the back of the lot.

MOBILE HOME

A single-family dwelling designed for and capable of mobility. It is the intention of this definition to exclude conventional dwellings having permanent attachment to a foundation, whether or not precut, preassembled or erected and produced completely on-site. Dwelling units which are to be stacked or joined in any manner whatsoever shall not be considered mobile homes.

MOBILE HOME PARK

An area of land subdivided into sites for mobile-home locations containing a minimum of 20 sites, and having common ownership and management, which may include recreation facilities, common open space and related accommodations not designed or allowed for the general public.

MOBILE HOME SITE

An area of land set apart for the sale, use, enjoyment and occupancy by a mobile home and the residents thereof, as distinguished from common-areas available to residents of the other mobile homes within a mobile home park. Only one mobile home shall be permitted on each site.

MOTOR VEHICLE BODY REPAIR SERVICE

All body or structural repairs or replacement to motor vehicles, including painting, and similar type of repair services traditionally performed in body or repair facilities, excluding motor vehicle services as defined herein.

MOTOR VEHICLE LEASING

The leasing or rental of new or used motor vehicles, which may include in combination therewith motor vehicle services and motor vehicle body repair service solely for the repair or service of motor vehicles being leased or rented on the premises and not for the general public.

MOTOR VEHICLE SALES, NEW

The sale of new motor vehicles, which may include in combination therewith the sale of used motor vehicles, motor vehicle leasing, motor vehicle services and motor vehicle body repair service.

MOTOR VEHICLE SALES, USED

The sale of used motor vehicles, which may include in combination therewith, motor vehicle services and motor vehicle body repair service solely for the repair or service of used motor vehicles being sold on the premises and not for the general public.

MOTOR VEHICLE SERVICES

All repairs and services to motor vehicles excluding body or structural repairs, body or structural replacements or repairs, painting and similar type services as traditionally performed in body or collision repair facilities.

NONCONFORMING LOT

A lot, as defined herein, the location or dimensions (including area) of which do not conform to the regulations applicable to the lawful use of the same. This definition is intended to include lots which do not conform to any density requirements which may be applicable to residential uses. Where a lot, otherwise conforming, is improved with a structure exceeding maximum permitted lot coverage, the lot shall be considered a conforming lot, and the structure a nonconforming structure.

NONCONFORMING STRUCTURE

A structure, the dimensions (including area) or location of which, in whole or in part, legally exist on the effective date of the adoption of this chapter, which does not comply with the regulations applicable to said structure, as set forth in this chapter, and which is necessary or accessory to a lawful use of the property upon which it is situated (including nonconforming uses as defined herein); a structure or portion thereof having a floor area not in compliance with the regulations herein applicable to the use of said floor area shall be considered a nonconforming structure, it being the intention of this definition to promote conformity as to the external and internal space requirements of this chapter.

NONCONFORMING USE

The use of a structure or lot, in whole or in part, legally existing on the effective date of the adoption of this chapter, which use does not comply with the regulations applicable to the district in which said use is situated and which use pertains to an activity wherein the user has a vested interest for residential or nonresidential purposes of a substantial nature, as distinguished from activities which are in the nature of hobbies or similar endeavors, it being the intention of this definition to protect legitimate principal residential and nonresidential uses and related accessory uses involving a substantial investment of time and/or money.

OFFICE

The use of premises for the transaction of business, excluding on-premises sales of tangible products, manufacturing or storage activities, and including professional services and administrative operations.

OFFICE PARK

An area of land in an O-2 Use District, containing no less than three acres, developed for the uses designated in said district, which area utilizes a common name for identification or location of said area or all of any subdivided lots contained therein.

OPEN GREEN AREA

A parcel or parcels of land or an area of water or a combination of land and water designed and intended for the private or public use or enjoyment of the space, and which may include accessory structures and improvements, without a principal structure, as are necessary and appropriate for the benefit and enjoyment of the space.

PROPERTY LINE

The established division line between separate parcels of property.

RESTAURANT

Any structure designed, intended as or used in whole or in part for the retail sale of prepared food and/or beverages for on-premises consumption, including what are commonly termed diners, lunchrooms, lunch counters, nightclubs, taverns, pubs, saloons, delicatessens and snack bars, whether or not entertainment is provided. Temporary facilities used for distribution of food and/or beverages, such as are customarily associated with field days, carnivals, circuses or charitable, religious or institutional bazaars, or similar events, shall not be considered restaurants.

RESTAURANT, DRIVE-IN

A structure wherein food products of any variety, regardless of preparation, are sold on-premises directly to the consumer, and which is designed for, allows and/or permits consumption within a parking area, irrespective of whether or not infrastructure eating facilities are provided.

RESTAURANT, PACKAGED-FOOD

A structure wherein food products, including complete meals, baked goods, specialty items such as pizza, fried chicken or fish, hamburgers and similar items, are prepared and/or packaged and sold on-premises directly to the consumer for off premises consumption, and which structure is designed and/or advertised primarily for such purposes, as distinguished from food or fish markets, bakeries, restaurants primarily designed for on-premises consumption, butcher shops and drive-in restaurants. Where consumption is permitted or allowed on the premises, the structure shall be considered a drive-in restaurant.

SHED, UTILITY

A structure, other than garage, used for storage.

SHOPPING CENTER

A parcel of land developed in accordance with a common scheme or design, containing three or more principal uses expressly enumerated in a commercial district, designed and advertised as a shopping area having cooperative parking and driveway facilities, advertising devices and other accessory accommodations.

SHORT TERM LEASING

The leasing/rental of part or portion of a dwelling unit for less than 30 days.

[Added 6-10-2019 by L.L. No. 4-2019]

SMALL WIND ENERGY SYSTEM

A wind energy conversion system, consisting of a wind turbine, a tower and associated control or conversion electronics, which has a rated capacity of not more than 100 kilowatts and which is intended to primarily reduce on-site consumption of utility power.

[Added 7-13-2009 by L.L. No. 2-2009]

STORAGE, OUTSIDE

Placement of any natural or manufactured substance, article or waste matter, including garbage and debris, on land outside of a structure, and not within containers intended for immediate removal.

STREET

A public or private right-of-way designed, intended and legally recognized for use by motor vehicles belonging to the general public, excluding parking areas and driveways providing access thereto. The existence of a deed or filed map shall not be necessary to the existence of a street for purposes of this definition, it being the intention to designate those areas characterized by moving through traffic for the purpose of regulating land development contiguous thereto.

STREET LINE

The fixed boundaries of a street or highway right-of-way line, whether or not set forth in a deed or shown on a map.

STRUCTURE

Anything constructed, erected or otherwise situated, whether of a permanent or temporary nature, on land. "Structure" shall specifically include all advertising devices and billboards of any type or nature.

STRUCTURE, ACCESSORY

A structure which may not exist independently and which is necessary to the utilization of property for an accessory use. An advertising device shall be construed as an accessory structure.

STRUCTURE, PRINCIPAL

A structure which may exist independently and which is necessary to the utilization of property for a principal use. Principal structures which are connected by breezeways, fences, roofs or similar devices not necessary to the structural independence of the same shall be considered separate principal structures.

TELECOMMUNICATIONS FACILITIES

Towers and/or antennas and accessory telecommunications structures used in connection with the provision of cellular telephone service, personal communications services (PCS), paging services, radio and television broadcast services and similar broadcast services.

[Added 3-23-1998 by Ord. No. 1998-2]

TOWER

A structure designed to support antennas. It includes, without limit, freestanding towers, guyed towers, monopoles and similar structures which employ camouflage technology.

[Added 3-23-1998 by Ord. No. 1998-2]

TOWER HEIGHT

The height above grade of the fixed portion of the tower, excluding the wind turbine itself

[Added 7-13-2009 by L.L. No. 2-2009]

TOWNHOUSE

A structure consisting of two or more attached single-family dwellings, each on a separate recorded lot, connected laterally and not stacked on one another, having one or more common or party walls, with separate front and rear yards and separate utility services.

TRANSITIONAL PARKING

An area of land with enclosure permitted, designed to be utilized for off-street parking spaces for a principal use, but situated in a district wherein the principal use is not permitted, and which area is located within the distance prescribed by this chapter for the users which it is intended to serve.

USE

The specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use. Any use not specifically set forth as a permitted use or a use permitted by special permit in a district shall be a prohibited use.

USE, ACCESSORY

A use which is normally incidental to and which may not exist on a lot, as defined herein, absent the presence of a principal use on said lot, except as otherwise provided for in this chapter. Parking facilities, whether or not enclosed, shall be considered "accessory uses" in all zoning districts. No accessory use shall be situated, designed or advertised in any manner to provide products or services to the general public, as distinguished from tenants, customers, visitors, employees, invitees and similar individuals normally utilizing the principal use.

USE, PRINCIPAL

A use which is enumerated under the heading "Permitted Uses" in a given district as set forth in this chapter.

USE, SPECIAL

A use permitted in accordance with a special use permit procedure in a given district, whether or not permitted as a matter of right in any other district.

YARD

That area of land situated within a lot outside of the exterior walls of principal or accessory structures, open and unoccupied except as expressly permitted by this chapter.

YARD AND STRUCTURAL ORIENTATION

For the purpose of applying the yard width, depth, setback and other regulations of this chapter restricting the location of principal or accessory structures, including parking facilities, the following rules of construction shall apply:

On all lots fronting on one street, the depth of the front yard shall be measured between the front line of the building and the street line.