Definitions. As used in this chapter, the following
terms shall have the meanings indicated:
ACCESSORY USE OR BUILDING
A use or building customarily incidental and subordinate
to the principal use or building and located on the same lot. An approved
ancillary structure such as a lawn shed (up to 192 square feet) or
a swimming pool may be installed 10 feet from the rear property line.
Side line setbacks are determined by the zoning district. A structure
may not be installed in an easement.
AGRICULTURAL USE or FARM
Land containing at least two acres which is used for raising
livestock or agricultural products, including farm structures and
the storage of agricultural equipment; riding and boarding stable,
kennels and veterinaries; and, as an accessory use, the sale of agricultural
products on the property.
ALTERATION
Structural change, rearrangement or addition to a building,
other than repairs and modification in building equipment.
ANIMAL BOARDING
The keeping of a healthy animal overnight for one or more
days for the purpose of normal care and feeding.
[Added 1-24-2005 by L.L. No. 3-2005]
ANIMAL HOSPITALIZATION
The recovery of an animal at either a veterinary hospital
or a veterinary clinic following surgery or other medical care, where
the animal remains on site for one or more days.
[Added 1-24-2005 by L.L. No. 3-2005]
APARTMENT
A room or suite of two or more rooms designed or used solely
as a residence in any building not used for transient occupancy.
[Added 3-13-2024 by L.L.
No. 3-2024]
APARTMENT BUILDING
Any single structure, the entirety of which or the majority
of which is divided into four or more individual apartments which
share common entry, internal circulation and/or parking facilities,
and the totality of said structure is contained within a single parcel
with a single tax identification number; provided, however, that this
definition does not include a structure originally designed, constructed,
and occupied as a one-family dwelling that has been or is proposed
to be redesigned and reconstructed as a multiple-family dwelling.
[Added 3-13-2024 by L.L.
No. 3-2024]
APARTMENT COMPLEX
More than one apartment building detached and grouped together
upon a single parcel or upon multiple parcels under common ownership,
control, and/or management.
[Added 3-13-2024 by L.L.
No. 3-2024]
BEDROOM
A room used or advertised for sleeping on a regular basis
in a dwelling unit other than a kitchen, dining room, living room,
bathroom or closet, and including extra kitchens, extra dining rooms,
extra living rooms and all dens, game rooms, sun rooms or similar
extra rooms.
[Added 2-12-2020 by L.L. No. 2-2020]
BOAT HOUSE
A building used exclusively for private storage of boats
and/or boat equipment. This does not include commercial boat storage
or storage space provided in return for payment of money or other
consideration. On residential lots, boat houses may extend into the
water not more than seven feet beyond the high water mark and may
not be wider than 14 feet nor higher than 10 feet above the high water
mark. Decks on boat houses shall not be enclosed other than by a railing
and may not have a roof other than a portable canopy of canvas or
other flexible material.
BUILDING
A structure having a roof supported by columns or by walls
and intended for the shelter or enclosure of persons, animals or chattels.
BUILDING AREA
The total of areas taken on a horizontal plane at the main
finished level of the principal building and all necessary buildings,
exclusive of uncovered porches, terraces and steps. All dimensions
shall be measured between exterior faces of walls.
BUILDING HEIGHT
The vertical distance measured from the lowest elevation
of the finished grade at the front of the building to the highest
point of the roof.
BUILDING LINE
A line parallel to the front lot line tangent to that point
in the building face which is closest to the front lot line. This
face includes porches, whether enclosed or unenclosed, but does not
include steps.
BUILDING, PRINCIPAL
A building in which is conducted the principal use of the
lot on which it is situated.
CLINIC
An office building used by members of the medical profession
for the diagnosis and out-patient treatment of human ailments.
COMMUNITY CENTER
Includes a public or private meeting hall, place of assembly,
museum, art gallery, library, place of further education and church,
not operated primarily for profit.
CORNER LOT
A lot which has an interior angle of less than 135º
at the intersection of two street lines. A lot abutting a curved street
shall be considered a corner lot if the tangents to the curve at the
points of intersection of the side lot lines intersect at an interior
angle less than 135º. On corner lots, within a triangle formed
by the interior angle of the intersecting streets and the angles created
by connecting points on the lot line 25 feet each side of such interior
angle, there shall be no obstruction of vehicular visibility between
the heights of three and seven feet above finished grade.
COVERAGE
That percentage of the lot area covered by the area of any
building and shall include porches, verandas, carports and the like
which have roofs.
DRIVE-IN ACTIVITIES
Any business primarily in the dispensing or sale of takeout
consumer goods which are depending upon the customers remaining in
their cars or returning to their cars for the consumption of such
consumer goods sold therein; or drive-in vehicle services. Drive-in
activities include, but are not limited to, gasoline service stations,
soft drink stands, food and sandwich stands, ice cream sales and similar.
For purposes of this chapter, drive-in teller stations of banks are
not considered to be drive-in activities.
DRIVEWAY
Land used as access to, and situated on, the property or
lot for vehicular traffic.
DUMP
Land used for the disposal, by abandonment, dumping, burial,
burning or any other means and for whatever purpose, of garbage, sewage,
trash, refuse, junk, discarded machinery, vehicles or parts thereof
or waste material of any kind.
DWELLING, MULTIPLE FAMILY
A building, including an apartment building, used as living
quarters by three or more families living independently of each other.
[Amended 3-13-2024 by L.L. No. 3-2024]
DWELLING, TWO-FAMILY
A building used as living quarters by two families living
independently of each other.
DWELLING UNIT
A building or part thereof used as living quarters for one
family.
FAMILY
One or more persons living, sleeping, cooking and eating
on the same premises as a single housekeeping unit.
FLOOR AREA
The sum of the gross horizontal area of the floors of a building,
excluding basement floor areas. All dimensions shall be measured between
interior faces of walls.
GARAGE, PRIVATE
An enclosed space for the storage of the property owner's
personal property.
GASOLINE STATION
A building or land that is used for the sale of motor fuel,
oil and motor vehicle accessories, and which may include facilities
for lubricating, washing or servicing motor vehicles, but not including
painting or major repairs. "Gasoline station" may include a convenience
store.
GRADE, FINISHED
The completed surfaces of ground, lawns, walks, paved areas
and roads brought to final elevations as shown on plans relating thereto,
or in existence at the time the certificate of occupancy is issued.
HEALTH-RELATED FACILITIES
Service in a facility or facilities which provide or offer
lodging, board and physical care, including, but not limited to, the
recording of health information, dietary supervision and supervised
hygienic services incidental to such service.
HOME OCCUPATION
(1)
An accessory use of a service character conducted
within a dwelling by the residents thereof, which is clearly secondary
to the dwelling use for living purposes and does not change the character
thereof or have any exterior signs, extra parking or any other exterior
evidence of such use, and which conforms strictly to the following
additional conditions:
(a)
The occupation or profession shall be carried
on wholly within the principal or accessory building.
(b)
One employee shall be permitted.
(c)
There shall be no exterior storage of materials
used in the home occupation.
(d)
No offensive noise, vibration, smoke, dust,
odor, heat, light or glare shall be produced.
(2)
"Home occupation" includes, but shall not be
limited to, dressmaking, home cooking, teaching, musical instruction
(limited to a single pupil at a time), television, radio or electrical
appliance repair, and the practice by an artist, insurance agent,
musician, realtor, photographer, barber and beautician.
(3)
"Home occupation" shall not be interpreted to
include the following: commercial stable and kennel; animal hospital;
restaurant; music dancing or karate instruction to groups; convalescent
homes; day-care homes; mortuary; garage on the premises for the repair
of motor vehicles, snowmobiles, lawn mowers, outboard motors and boats;
florist; craft shops; ceramic instruction groups and other trades
and businesses of a similar nature.
HOTEL/MOTEL
A building containing rooms which are used or rented to be
occupied for sleeping purposes and where a general kitchen and dining
room facility may or may not be provided.
JUNKYARD
Any place of storage or deposit, whether in whole or in part,
whether in connection with another business or not, for the receipt,
storage and/or resale of waste materials, including but not limited
to motor vehicles or motor vehicle parts; paper products; scrap metal;
chemicals; or tools, equipment or machinery or component parts of
tools, equipment or machinery. For purposes of this chapter, a sanitary
or garbage dump or the collection of organic matter for rapid decomposition
shall be exempt from the definition of "junkyard."
[Amended 5-8-2006 by L.L. No. 9-2006]
KENNEL
Land or a building used for the harboring of five or more
dogs over six months old.
LANDING FIELD
Land used for the taking off or landing of aircraft or sail
plane.
LIVESTOCK
Horses, cattle, pigs, sheep, goats, fur-bearing animals,
and poultry.
LOADING SPACE
Off-street space used for the temporary location of one licensed
motor vehicle, having direct access to a street or Alley.
LOT
Land occupied or to be occupied by a use or a building and
its accessory buildings, together with such open spaces as are required,
having not less than the minimum area, width and depth required for
a lot in the district in which such land is situated and having frontage
on a street, or other means of access as may be determined by the
Planning Board to be adequate as a condition of the issuance of a
building permit for a building on such land.
LOT AREA
The total area within the property lines excluding any part
thereof lying within the boundaries of regulated wetlands for which
no permit has been issued, utility easements for transmission lines
not directly serving the lot or subdivision, easements for detention
facilities and public streets or proposed public streets.
LOT DEPTH
The horizontal distance from the street line of the lot to
its opposite rear line measured at right angles to the street line.
LOT OF RECORD
The lot which has been established as such by plat or deed
filed in the County Clerk's office prior to the adoption of this chapter.
LOT WIDTH
The width measured at the required building line.
MARINA
Land having direct access to the lake or river which provides
for maintenance, storage, sale and service of boats and boat equipment,
including boat storage facilities, docks and boat slips.
MOBILE HOME/HOUSE TRAILER
A movable living unit, with or without wheels, whether on
a foundation or rigid support, capable of being used for living quarters
year-round and not built to State Building Construction Code one-family
dwelling regulations. A mobile home shall contain not less than 600
square feet of floor area. A prefabricated sectional or modular dwelling,
built to state one-family regulations, shall not be considered a mobile
home.
MOBILE HOME SITE
A parcel of land for the placement of a mobile home and for
the exclusive use of its occupants.
MULTIPLE-FAMILY COMPLEX
More than two single-family dwellings, two-family dwellings,
townhouses, and/or multiple-family dwellings other than apartment
buildings, grouped together upon a single parcel or upon multiple
parcels under common ownership, control, and/or management.
[Added 3-13-2024 by L.L.
No. 3-2024]
NONCONFORMING STRUCTURE
Any building or structure which was legal when established
and/or subsequently enlarged or rebuilt and which does not comply
with the bulk or geometric requirements of the district in which it
is situated.
NONCONFORMING USE
A use of land existing at the time of enactment or subsequent
amendment of this chapter which does not conform to the use regulations
of the zoning district in which it is situated, and which is both
substantial and legal when established.
PARKING LOT
Either of the following:
(1)
A parcel of land or portion thereof whose principal
use is the temporary parking of motor vehicles.
(2)
A designated portion of a parcel of land, which
parcel contains a principal use to which the temporary storage of
motor vehicles is accessory whether owned by customers or not.
PARKING SPACE
Off-street space used for the temporary location of a motor
vehicle.
PERSON
An individual, firm, trust, partnership, public or private
association or corporation.
PUBLIC UTILITY
Distribution facilities of gas, electric, water, sewerage,
telephone and wireless service companies.
QUARRY
Land used for the purpose of extracting stone, sand, gravel,
clay, lime or topsoil for sale or use as a commercial operation.
RECREATION, OUTDOOR
Includes, but is not limited to, golf driving range, golf
pitch-and-putt course, par-three golf course, outdoor amusement park,
hunting preserve, yacht club, golf course, firearms and archery range,
swimming pool, skating rink, riding stable, park, lake and beach,
tennis court, recreation stadium and skiing facility.
RESIDENTIAL USE
Includes one-family dwelling, two-family dwelling, multiple-family
dwelling, home occupation, boardinghouse and tourist home.
RESTAURANT
An establishment primarily engaged in the sale of food and
beverages, including alcoholic beverages, for on-premises consumption.
[Amended 6-24-2015 by L.L. No. 5-2015]
RETAIL SALES AND SERVICE
An establishment for the retail sales of goods and/or services
of not more than 10,000 square feet.
SCHOOL
Includes parochial, private, public and nursery school, college,
university and accessory uses, and shall exclude commercially operated
school of beauty culture, business, dancing, driving, music and similar
establishments.
SHOPPING CENTER
A building or buildings containing a group of compatible
retail stores and business office uses, designed and developed under
unified control, and providing common parking areas and loading facilities.
SIGN
Any device, structure, building or part thereof for visual
communication that is used for the purpose of bringing the subject
thereof to the attention of the public, which shall display or include
any letter, word, model, mural, banner, emblem, pennant, insignia
or representation which is in the nature of an announcement, direction
or advertisement which is placed out-of-doors. "Sign" does not include
the flag or insignia of any nation, state or community, nor any political,
educational, charitable or religious advertising campaign, provided
that such advertising shall not be displayed for a period exceeding
30 days.
(1)
FACING OR SURFACEFacing or surface of a sign is that part of the structure upon, against or through which the message of the sign is exhibited, including molding or trim, but not that part of the structure used solely for support. When the area of a sign is referred to in this chapter, it shall mean the surface of such sign.
(4)
PROJECTING SIGNA sign which is attached to a wall and which extends beyond the wall surface a distance greater than one foot. "Projecting-sign" shall include any marquees used as a sign.
(5)
ROOF SIGNA sign constructed or supported upon the roof of any building.
(6)
WALL SIGNA sign which is attached to or part of a wall and which does not extend beyond the wall surface a distance greater than 12 inches.
SIGN, ADVERTISING
A sign not exceeding 20 square feet which directs attention
to a business, industry, profession, service, commodity or entertainment
conducted, sold or offered elsewhere than upon the same lot.
[Added 6-13-2005 by L.L. No. 10-2005]
SIGN, BILLBOARD
A sign exceeding 20 square feet which directs attention to
a business, industry, profession, service, commodity or entertainment
conducted, sold or offered elsewhere than upon the same lot.
[Added 6-13-2005 by L.L. No. 10-2005]
SIGN, BUSINESS
A sign which directs attention to a business, industry, profession,
service commodity or entertainment sold or offered upon the same lot
on which it is displayed, including "For Sale or Rent" signs.
SIGN, ELECTRONIC MESSAGE
A sign designed to allow changes in the sign graphics electronically. All electronic message signs are subject to site plan review as set forth in §
210-18K.
[Added 6-13-2005 by L.L. No. 10-2005]
SIGN, FLASHING
An illuminated sign on which the light is not maintained
stationary and constant in intensity and color at all times when in
use, and any moving sign.
SIGN, INFORMATION
A sign used for stating the name or location of a public
facility, church, institution or meeting place of a public service
organization.
SIGN, VIDEO BILLBOARD
A billboard sign or other outdoor sign which uses television, computer projections, or other similar technology to project images to the public. All video billboard signs are subject to site plan review as set forth in §
210-18K.
[Added 6-13-2005 by L.L. No. 10-2005]
STABLE
A building in which horses are kept for public or private
use, hire or sale.
STORAGE, ENCLOSED
Enclosed buildings used for the keeping of goods, supplies
or equipment.
STORAGE, PUBLIC
Enclosed buildings rented to the public and used for the
keeping of goods, supplies or equipment.
STREET
The public right-of-way for vehicular and pedestrian traffic
which affords the principal means of access to abutting properties.
STREET LINE
The right-of-way line of a street as dedicated by a deed
of record. Where the width of the street is not established, the street
line shall be considered to be 30 feet from the center line of the
street pavement.
STRUCTURE
Anything constructed or erected the use of which requires
location on the ground or attachment to something located on the ground.
SWIMMING POOL
Any body of water or receptacle for water having a depth
at any point greater than two feet, used or intended to be used for
swimming or bathing, and constructed, installed or maintained in or
above the ground. A swimming pool shall be deemed a structure for
all purposes under the provisions of this chapter. For purposes of
this chapter, the small plastic-type wading pools for small children
shall not be considered a swimming pool.
TOWNHOUSE
A structure consisting of a series of noncommunicating, laterally
attached single-family dwelling units, not stacked on one another,
having one or more rated common or party walls between each dwelling
unit, with each dwelling having separate utility services and each
dwelling unit having a separate filed lot and approved as a condominium
designed for individual ownership.
TRAILER
Includes any vehicle used as sleeping or living quarters
mounted on wheels, or a camper body usually mounted on a truck, and
any vehicle which is customarily towed by a motor vehicle and used
for carrying goods, equipment, machinery or boats or used as an office.
USE
The specific purpose for which land, building or structure
is designed, intended, used or maintained.
USE, PERMITTED
The use specifically allowed in the district, excluding illegal
uses and nonconforming uses.
VETERINARY CLINIC
A clinic for the medical treatment of small, domesticated
animals. A veterinary clinic may engage in animal boarding or animal
hospitalization for small, domesticated animals.
[Added 1-24-2005 by L.L. No. 3-2005]
VETERINARY HOSPITAL
A clinic for the medical treatment of large animals, including
but not limited to farm animals. A veterinary hospital may engage
in animal boarding or animal hospitalization.
[Added 1-24-2005 by L.L. No. 3-2005]
WAREHOUSE
A structure used for the bulk storage of goods.
YARD
The space on a lot not occupied with a building or structure,
except fences. Porches, whether enclosed or unenclosed, shall be considered
part of the main building and shall not project into a required yard.
Every part of a required yard shall be open from its lowest part to
the sky, unobstructed, except for the ordinary projections of sills,
cornices, pilasters, chimneys and eaves, provided that no such projection
shall extend more than two feet into any required yard.
YARD, FRONT
The yard between the street line and a line parallel to the
street line intersecting the point on a structure closest thereto.
YARD, REAR
The yard between the rear lot line and a line parallel to
the rear lot line intersecting the point on a structure closest thereto.
YARD, SIDE
The yard between the side lot line and a line parallel to
the side lot line intersecting the point on a structure closest thereto.
ZONING PERMIT
A document evidencing satisfactory compliance with the provisions
of this chapter.