Words used in the present tense include the future tense; words in the singular number include the plural, and the plural the singular. The word "lot" includes the words "plot" and "parcel." The word "building" includes the word "structure." The word "used" shall be deemed also to include "designed, intended or arrange to be used." The word "shall" is mandatory and not permissive. The word "may" is permissive and not mandatory.
For the purposes of this chapter, certain words and terms used herein are defined as follows:
A public way which affords generally a secondary means of vehicular access to abutting property.
Any building addition, new entranceway, business portal such as a delivery door or exhaust fan, or change in the supporting member of a building. A change in exterior facade (new siding or storefront) is not considered an "exterior alteration" unless it includes the items above, but such a change requires Planning Board review and approval if the property is located in any design review area.
The relocation of any local bearing support or wall, or the relocation, addition or removal of any non-load-bearing wall which would result in a change in any zoning requirement applicable to the property. (Example: If removing a non-load-bearing wall to expand a professional office to a previously unused portion of a building results in increasing the floor space by 200 square feet, then the off-street parking requirement for that office would be increased by one space and therefore it would constitute an "interior alteration.")
Any activity involving storing, parking or displaying more than one motor vehicle on any lot for the purpose of selling same, regardless of ownership (personal property of landowner, displayed on consignment for owner, etc.). Specific regulations governing "auto sales" are contained in § 200-47F(7).
A structure designed or intended primarily for the washing of automobiles using power washing equipment. Specific regulations governing "auto washes" are contained in § 200-47F(3).
A story partly below grade and having at least half of its clear floor-to-ceiling height above the average grade of the adjoining ground, as distinguished from a cellar, which is a story more than one-half (1/2) below such grade.
A private residence that provides one to three guest rooms for a nightly rent or rate. The home is a residence, occupied by the owner while providing bed and breakfast, usually for one party or family, for a short stay.
[Added 4-5-1990]
Any roofed structure intended for the shelter, housing or enclosure of persons, animals or chattels.
Total of areas taken on a horizontal plane at the main grade level of principal buildings and all accessory buildings, exclusive of uncovered porches, parapets, steps and terraces.
A building or roofed structure used by an activity engaged in the public sale of property to the highest bidder.
That percentage of the lot area covered by the building area.
The vertical distance measured from the established grade at the curb; or if no grade has been officially established at the curb, measured from the average level of the finished ground surface across the front of the building to the highest point of the roof for flat roofs, to the deckline of mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
A building or use subordinate or supplemental to the main building or use on the same lot and customarily incidental thereto. Examples of "accessory uses" are private garages, storage sheds, playhouses and private swimming pools. Specific regulations governing "accessory buildings" are contained in § 200-24.
An office such as insurance, real estate, financial planning, stockbroker.
A permanent rooflike shelter or shade attached to a building or on freestanding supports, or both, including canvas covering.
A traffic-generating facility where a product is sold or a service performed for customers while they are in or near their motor vehicles in off-street parking or service areas. The term includes drive-in banking, drive-in food service, fast-food service, gasoline station, auto wash and similar uses. Specific regulations governing drive-in food services are contained in § 200-47F(2).
Any apartment, townhouse or other residential building or portion thereof involving a combination of two kinds of ownership of real property:
A "dwelling, condominium" shall be regulated as a two family dwelling if it contains two dwelling units only. It shall be regulated as a multifamily dwelling if it contains three or more dwelling units.
A structure, transportable in one or more sections, which is eight body feet or more in width and is 32 body feet or more in length and which is built on a permanent chassis and designed to be used as a dwelling, with or without permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein. It is considered under the purposes of this chapter to be real property.
A building or portion thereof containing three or more dwelling units.
A detached building containing one dwelling unit only.
A factory-finished dwelling unit delivered to the building lot in halves or other major sections and erected on a permanent foundation, all complying with applicable local and state building codes. The term "sectional" includes "modular."
One of three or more attached dwelling units designed for year-round occupancy and containing separate dwelling units for occupancy for one family per unit. Such dwelling shall be regulated as a multifamily dwelling.
A detached building containing two dwelling units only.
A building or portion thereof providing complete housekeeping facilities for one family.
One or more persons related by blood, marriage or adoption maintaining a common household and living as a single housekeeping unit, as distinguished from a group occupying a boardinghouse, rooming house, lodging house, club, fraternity, hotel or commune.
The ratio of floor area permitted on a zoning lot to the size of the lot. Thus, a permitted "floor area ratio" of twenty-five hundredths (0.25) on a ten-thousand-square-foot lot would allow a building whose total floor area is 2,500 square feet. FAR provisions give developers flexibility in deciding whether to build a low building covering part of the lot or a high building covering only a very small portion of the lot.
A roofed or enclosed space primarily designed or used for the storage of one or more motor vehicles, provided that no business, occupation or service is conducted for profit therein.
A building or part thereof used for the storage, hiring, greasing, washing, servicing and repair of motor vehicles, operated for gain.
A building or part thereof used only for the storage of vehicles for gain and at which automobile fuels and oils are not sold and motor-driven vehicles are not equipped, serviced, repaired, hired or sold.
Any area of land, including structures thereon, that is used or designed to be used for the sale of gasoline or oil or other motor vehicle fuel and which may include facilities for lubricating, washing, cleaning or otherwise servicing motor vehicles. Specific regulations governing "gasoline stations" are contained in § 200-47F(6).
A facility licensed or supervised by an appropriate state or federal agency to provide resident services and twenty-four-hour supervision to its residents. Such a facility is headed by agency-approved staff and functions as a single housekeeping unit.
Any personal or professional service customarily conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the residential character thereof and in which there is kept no stock-in-trade. Specific regulations governing "home occupations" are contained in § 200-47F(8).
A lot, land or structure or part thereof used for the collecting, storage or sale of wastepaper, rags, scrap metals, used or salvaged building or other discarded materials or for the collecting, dismantling, storage and salvaging of machinery or vehicles. It shall mean any place of storage or deposit, whether in connection with a business or not, where one or more unlicensed, old or secondhand motor vehicles no longer in condition for legal use on the public highways are held, whether for the purpose of resale of used parts or materials therefrom or not. Such term shall include any place of storage or deposit for any such purpose of used parts or waste materials from motor vehicles which, taken together, equal in bulk one or more such vehicles. As used herein, the term "vehicle" shall mean passenger-type automobile, truck, tractor-truck, trailer, bus, motorcycle, snowmobile or other vehicle, however propelled, as well as tractors, bulldozers, all boats, machinery and similar equipment.[1]
A business premises equipped with individual clothes-washing or cleaning machines for use by retail customers, exclusive of laundry facilities provided in an apartment, fraternity, sorority or residential hotel or club.
Includes but is not limited to horses, cattle, hogs, fowl or furred animals.
A parcel of land considered as a unit, occupied or capable of being occupied by one building and accessory buildings or uses or by a group of buildings united by a common use or interest, and including such open spaces as are required by this chapter and having the principal frontage upon a street or upon an officially approved place.
The total horizontal area included within lot lines, except that no part of the area within a public right-of-way may be included in the computation of "lot area."
A lot located at the intersection of and fronting on two or more intersecting streets and having an interior angle of the corner of intersection of less than 135°.
The mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lot lines.
A lot other than a corner lot.
An interior lot having frontage on two approximately parallel or converging streets.
The distance between side lot lines, measured at right angles to the lot depth at a point from the front lot line equal to the front yard specified for the district.
A permanent roofed structure projecting from a building, usually over an entrance, attached to the building or on freestanding supports, or both, including canvas covering.
See "dwelling, mobile home."
A building or group of buildings comprising three or more individual sleeping units per building, used primarily for sheltering transient motorists, and accessory uses, such as restaurants and parking; includes, but is not limited to, the terms "motor courts," "motor inn," "tourist court" and "hotel."
Any lot in single ownership which does not conform to the minimum area and/or dimensions required in the district in which it is situated and where the owner of said lot does not own any adjoining unimproved property the subdivision of which could create one or more conforming lots.
A building or use that does not comply with the regulations for the district in which it is situated and where such building or use existed legally on the effective date of this Zoning Chapter or its amendment.
Any dwelling used for the accommodation and care of persons with, or recuperating from, illness or incapacity, where nursing services are furnished for hire.
A mapped zoning district that imposes a set of requirements in addition to those of the underlying districts.
An off-street space available for the parking of one motor vehicle and having an area of not less than 180 square feet, exclusive of passageways and driveways thereto, and having direct access to a street, alley or aisle. Such off-street "parking space" shall be properly marked or delineated and be located on a durable hard-surface base.
A certification required prior to any construction, addition, alteration, relocation or demolition as governed by the laws, ordinances and codes relating to properties and buildings.
A certification required prior to any activity governed by this chapter.
A tract of land in single ownership and/or controlled by an individual, partnership, cooperative or corporation, designed or capable of being designed and used as a unit or group of related units and having certain facilities in common, such as yards, open space, recreation areas, garages or parking areas. A "planned development district" may be residential, commercial, industrial, recreational or a combination of such uses.
An office such as a physician, dentist, chiropractor, optometrist, lawyer, accountant, architect, landscape architect, engineer, veterinarian.
A mobile unit designed and built for recreational travel, camping or vacation use which is equipped to provide portable temporary shelter. The term includes campers, truck mounts, pickup camper, travel trailers, converted bus, motor home or similar vehicles.
Any dwelling or portion thereof containing more than two and less than 10 rooms that are used, rented or hired out to be occupied or that are occupied primarily for sleeping purposes for compensation, whether the compensation be paid directly or indirectly. The term "rooming house" shall be deemed to include lodging house or boardinghouse.
See "yard."
Any device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public, but not including any flag, badge or insignia of any government or government agency or of any civic, charitable, religious, patriotic, fraternal or similar organization. For purposes of administering this chapter, "signs" are further subdivided into the following three categories:
SIGN, ADVERTISINGA sign which directs attention to a business, commodity, service or entertainment sold or offered elsewhere than upon the premises where such sign is located or to which it is affixed.
SIGN, BILLBOARDAn advertising or business sign which contains a display area in excess of 50 square feet.
SIGN, BUSINESSA sign which directs attention to a business or profession conducted, or a commodity, service or entertainment sold or offered, upon the premises where such sign is located or to which it is affixed. A "for sale" or "for rent" sign relating to the lot on which it is displayed shall be deemed to be a "business sign."
Any use wherein the primary occupation is the processing, fabrication, converting or altering of materials or goods, the operation of which is conducted solely within a building or group of buildings and which use creates no objectionable odors, fumes, dirt, vibration, glare or noise beyond the site containing the use.
[Added 7-9-1986]
A use that would not be appropriate generally or without restriction throughout the zoning district but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, morals, order, comfort, convenience, appearance or general welfare. Such use may be permitted in certain zoning districts as a "special use" if specific provision for the Board of Appeals' review and approval for such "special use" is made in this chapter.
An accessory building in which one or more horses, ponies or other livestock are kept for private use and not for hire, remuneration or sale.
That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between any floor and the ceiling next above it.
That part of a building between a pitched roof and the uppermost full story and having a floor area at least half as large as the floor below. Space with less than five feet clear headroom shall not be considered as floor area.
A public thoroughfare which affords the principal means of access to abutting property.
Any building addition or change in the supporting member of a building.
Anything constructed or erected the use of which requires location on the ground or attachment to something having location on the ground.
A swimming pool installed for the primary use and enjoyment of the property owner and family and for the use of which no fee, membership in a group or club nor residency in a rental unit on or off the premises is required. "Private swimming pools" include permanent and portable swimming pools and are structures requiring zoning permits. Specific regulations governing "private swimming pools" are contained in § 200-47F(4).
Any swimming pool which does not fall within the definition of private swimming pool. "Public swimming pools" are structures. Specific regulations governing "public swimming pools" are contained in § 200-47F(5).
Any private swimming pool which is less than three feet in height measured from the lowest point of the pool to the top rim and less than 15 feet in length or diameter. "Wading swimming pools" are exempt from the requirements of this chapter and are not structures.
A dwelling in which overnight accommodations are provided or offered for transient guests for compensation.
A departure authorized by the Board of Appeals from the terms of the chapter due to practical difficulty or a hardship peculiar to an individual lot or situation and otherwise in accord with the powers and duties of the Board of Appeals. "Variances" are further divided into use and area variances as follows:
VARIANCE, USEAn authorization by the Zoning Board of Appeals to allow a use normally prohibited in a zone district, such authorization to be granted only in accordance with § 200-47D(1) of this chapter.
VARIANCE, AREAAn authorization by the Zoning Board of Appeals to sanction a violation of any zone district requirement other than a use requirement, such authorization to be granted only in accordance with § 200-47D(2) of this chapter.
An open space on the same lot with a building, unoccupied or unobstructed by any portion of a structure from the ground upward, except as otherwise provided in this chapter.
An open, unoccupied space on the same lot with a building, between the front line of the building and the street or highway line and extending the full width of the lot. For lots occupied by more than one principal building, each building shall be deemed to have its own "front yard" with its width extending to the midpoint of the space between it and the adjoining building.
An open, unoccupied space, except for accessory buildings, on the same lot with the building, between the rear line of the building and the rear lot line and extending the full width of the lot. For lots occupied by more than one principal building, each building shall be deemed to have its own "rear yard" with its width extending to the midpoint of the space between it and the adjoining building.
An open, unoccupied space on the same lot with the building, situated between the building and the side lot line and extending from the front yard to the rear yard.