Definitions. Except where specifically defined herein,
all words used in this chapter shall carry their customary meanings.
Words used in the present tense shall include the future. Words used
in the singular number include the plural, and words used in the plural
number include the singular, unless the context clearly indicates
the contrary.
ACCESSORY BUILDING
A building detached from and subordinate to a principal building
on the same lot and used for purposes customarily incidental to those
of the principal building.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
ACCESSORY USE
A use customarily incidental and subordinate to the principal
use or building and located on the same lot as such principal use
or building.
ALTERATION
As applied to a building or structure, a change or rearrangement
in the structural parts or existing facilities of such building or
structure or any enlargement thereof, whether by extension on any
side or by any increase in height, or the moving of such building
or structure from one location to another.
APARTMENT HOUSE
See "dwelling, multifamily."
[Added 2-14-1996 by L.L. No. 1-1996]
APARTMENT UNIT
See "dwelling unit."
[Added 2-14-1996 by L.L. No. 1-1996]
AREA, BUILDING
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings,
exclusive of terraces and uncovered steps.
AREA VARIANCE
The authorization by the Zoning Board of Appeals for the
use of land in a manner which is not allowed by the dimensional or
physical requirements of this chapter.
[Added 8-11-1993 by L.L. No. 1-1993]
ATTIC
That space of the building which is immediately below and
wholly or partly within the roof framing. An "attic" with a finished
floor shall be counted as 1/2 story in determining the permissible
number of stories.
BASEMENT
A story partly below finished grade but having at least 1/2
of its height, measured from floor to ceiling, but not less than four
feet, above average finished grade. A basement shall be counted as
one story in determining the height of a building in stories.
BASE ZONING DISTRICT
A portion of the Village of Kinderhook as delineated on the
Official Zoning Map of the Village of Kinderhook having a corresponding
set of provisions that serve as the underlying zoning requirements
for that area. An overlay zone is imposed over a base zoning district.
[Added 6-29-2000 by L.L. No. 4-2000]
BED-AND-BREAKFAST
As defined in §
130-22A.
[Added 2-14-1996 by L.L. No. 1-1996; amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
BILLBOARD
A sign or structure which directs attention to an idea, product,
business activity, service or entertainment which is conducted, sold
or offered elsewhere than upon the lot on which such sign is situated.
BOARDINGHOUSE
A building, other than a hotel, containing a general kitchen
and a general dining room, in which at least three but not more than
six sleeping rooms are offered for rent, with or without meals. A
lodging house, tourist house or rooming house shall be deemed a boardinghouse.
BUILDING
Any structure which is permanently affixed to the land, has
one or more floors and a roof and is intended for the shelter, housing
or enclosure of persons, animals or chattel.
BUILDING, PRINCIPAL
A building in which is conducted the main or principal use
of the lot on which said building is situated.
BUILDING, SEMIDETACHED
A building attached by a party wall to another building normally
of the same type on another lot, but having one side yard.
BULK REGULATIONS
Standards that control the height, density, intensity and
location of structures.
[Amended 6-29-2000 by L.L. No. 4-2000]
CELLAR
Any space in a building the structural ceiling level of which
is less than four feet above average finished grade where such grade
meets the exterior walls of the building. A cellar shall not be counted
in determining the permissible number of stories.
CLUB, MEMBERSHIP
An organization catering exclusively to members and their
guests, or premises and building for recreational or athletic purposes,
which are not conducted primarily for gain, provided there are not
conducted any vending stands, merchandising or commercial activities,
except as required generally for the membership and purposes of such
club.
COMMERCIAL VEHICLE
A vehicle of more than one ton capacity used for the transportation
of persons or goods primarily for gain, or a vehicle of any capacity
carrying a permanently affixed sign exceeding one square foot in area
or lettering of a commercial nature.
COMPREHENSIVE PLAN
The materials, written and/or graphic, including but not
limited to maps, charts, studies, resolutions, reports and other descriptive
material, that identify the goals, objectives, principles, guidelines,
policies, standards, devices and instruments for the immediate and
long-range protection, enhancement, growth and development of the
Village.
[Added 9-10-2003 by L.L. No. 2-2003]
CONSERVATION SUBDIVISION
A residential development designed around land conservation
where, among other attributes, half or more of the land area suitable
for building is designated as permanent open space. The overall number
of dwellings allowed in a conservation subdivision is the same as
would be permitted in a conventional layout. Full-density development
occurs simultaneously where all significant natural and cultural features
are preserved.
[Added 6-29-2000 by L.L. No. 4-2000; amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
CONTRACTOR'S YARD
Any space, whether inside or outside a building, used for
the storage or keeping of construction equipment, machinery or vehicles
or part thereof which are in active use by a construction contractor.
CONVENIENCE STORE
A freestanding retail store selling primarily prepackaged
groceries and other foodstuffs, token selections of a wide variety
of sundries and gasoline, usually at self-service pumps.
[Added 2-14-1996 by L.L. No. 1-1996]
COVERAGE
That lot area or percentage of lot area covered by buildings
or structures, including accessory buildings and structures.
CUSTOMARY HOME OCCUPATION
Any limited personal service, professional service or business use customarily conducted within and/or based from a dwelling or customary accessory building and carried on by the residents thereof, which use is clearly incidental and secondary to use of the premises for residential character thereof, and which use shall be fully consistent with use limitations stated in §
130-16A of this chapter. The customary home occupation may include providing the service or business off the premises.
[Amended 2-14-1996 by L.L. No. 1-1996]
DAY-CARE CENTER
Any place, however designated, operated for the purpose of
providing daytime care or instruction for two or more children or
adults and operated on a regular basis, including kindergarten and
nursery school and family day-care centers.
[Added 2-14-1996 by L.L. No. 1-1996]
DEVELOPMENT
Any human-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations,
within the area of special flood hazard.
[Amended 2-14-1983 by L.L. No. 1-1983]
DISTRICT, MORE RESTRICTED OR LESS RESTRICTED
In the following list, each district shall be deemed to be
more restricted than the districts which follow it: F-1, A, AR, R-1,
R, B-1, B-2. Each use listed under each such district shall be deemed
to be more restricted than the use which follows it.
[Amended 6-8-1981 by L.L. No. 4-1981; 2-14-1996 by L.L. No. 1-1996; 6-29-2000 by L.L. No. 4-2000; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
DWELLING
A building designed or used principally as the living quarters
for one or more families. The terms "dwelling," "one-family dwelling,"
"two-family dwelling," "multifamily dwelling," "multiple dwelling"
or "dwelling group" shall not be deemed to include motel, hotel, rooming
house or other accommodations used for more or less transient occupancy.
(See "residences, residential.")
DWELLING GROUP
A group of two or more dwellings occupying a lot in one ownership.
DWELLING, MULTIFAMILY
A dwelling containing three or more dwelling units and occupied
or designed for occupancy by three or more families living independently
of each other.
DWELLING UNIT
A building or portion thereof providing complete housekeeping
facilities for one family.
FAMILY
One or more persons related by blood, marriage or adoption,
living and cooking together, exclusive of household servants; a number
of persons living together as a single housekeeping unit, although
not related by blood, adoption or marriage, shall be deemed to constitute
a family unit.
[Amended 9-10-2003 by L.L. No. 2-2003]
FINISHED GRADE
The elevation at which the finished surface of the surrounding
lot intersects the walls or supports of a building or other structure.
If the line of intersection is not reasonably horizontal, the "finished
grade," in computing height of the building and other structures or
for other purposes, shall be the average elevation of all finished
grade elevations around the periphery of the building.
FLOOR AREA
The aggregate sum of the gross horizontal areas of the several
floors of the building or buildings, measured from the exterior walls
or from the center line of walls separating two buildings.
(1)
In particular, the floor area of a building
or buildings shall include:
(b)
Elevator shafts and stairwells at each floor.
(c)
Floor space for mechanical equipment, with structural
headroom of seven feet six inches or more.
(e)
Attic space, whether or not a floor has actually
been laid, providing structural headroom of seven feet six inches
or more.
(f)
Interior balconies and mezzanines.
(h)
Accessory uses, not including space for accessory
off-street parking.
(2)
However, the floor area of a building shall
not include:
(a)
Cellar space, except that cellar space used
for retailing shall be included for the purposes of calculating requirements
for accessory off-street parking spaces and accessory off-street loading
berths.
(b)
Elevator and stair bulkheads, accessory water
tanks and cooling towers.
(c)
Floor space used for mechanical equipment, with
structural headroom of less than seven feet six inches.
(d)
Attic space, whether or not a floor has actually
been laid, providing structural headroom of less than seven feet six
inches.
(e)
Uncovered steps, exterior fire escapes.
(f)
Terraces, breezeways, open porches, outside
balconies and open spaces.
(g)
Accessory off-street parking spaces.
(h)
Accessory off-street loading berths.
GARAGE SALE
The sale or offering for sale of 10 or more new, used or
secondhand items of personal property at any one residential premises
at any one time. Includes all sales in residential areas entitled
"garage sale," "yard sale," "tag sale," "attic sale" or any similar
casual sale of tangible personal property which is advertised by any
means whereby the public at large is or can be made aware of the sale.
[Added 6-8-1981 by L.L. No. 3-1981]
GASOLINE FILLING STATION
An area of land, including structures thereon or any building
or part thereof, that is used primarily for the sale and direct delivery
to the motor vehicle of gasoline or any other motor vehicle fuel or
oil and lubricating substances, including any sale of motor vehicle
accessories, and which may or may not include facilities for lubricating
or washing, but which does not include auto bodywork, welding or painting.
HEIGHT OF BUILDING
The vertical distance measured from the average finished
grade along the wall of the building (or adjacent to the side of the
structure) to the highest point of such building or structure.
HOMEOWNERS' ASSOCIATION (HOA)
An incorporated organization that owns or maintains property
for the common benefit of individual homeowners or lot owners where
the homeowners or lot owners are required to contribute to the maintenance
of the common property or where the homeowners or lot owners are required
to join the HOA as a condition of their ownership of the home or lot.
As much as this definition conflicts with any definition of "homeowners'
association" in state law, the Village intends to supersede state
law on the definition of homeowners' association.
[Added 6-29-2000 by L.L. No. 4-2000]
HOSPITAL
A building containing beds for four or more patients and
used for the diagnosis, treatment or other care of ailments, and shall
be deemed to be limited to places for the diagnosis, treatment or
other care of human ailments.
HOTEL
A facility offering transient lodging accommodations to the
general public and providing additional services such as restaurants,
meeting rooms and recreation areas.
[Amended 2-14-1996 by L.L. No. 1-1996]
JUNKYARD
An area of land, with or without buildings, used for or occupied
by the storage, keeping or abandonment of junk, including scrap metals
or other scrap, used or salvaged building materials, or the dismantling,
demolition or abandonment of automobiles or other vehicles or machinery
or parts thereof. The exterior storage or collection of two or more
unregistered and/or inoperable motor vehicles on a lot shall be deemed
to make the lot a junkyard.
[Amended 2-14-1996 by L.L. No. 1-1996]
KENNEL
Any place at which there are kept any number of dogs for
the primary purpose of sale or for the boarding, care or breeding
thereof, for which a fee is charged or paid.
LOT
A defined portion or parcel of land considered as a unit,
developed to a specific use or occupied by a building or group of
buildings that are united by a common interest, use or ownership,
and the customary accessories and open spaces belonging to the same.
LOT, CORNER
A lot situated at the junction of and adjacent to two or
more intersecting streets when the interior angle of intersection
does not exceed 135º.
LOT, DEPTH OF
The mean distance from the front street line of a lot to
its rear line.
LOT FRONTAGE
A lot line which is coincident with a street line.
LOT LINES
The lines bounding a lot as defined herein.
LOT, THROUGH
A lot which faces on two streets at opposite ends of the
lot and which is not a corner lot.
LOT WIDTH
The horizontal distance between the side lot lines measured
at right angles to the lot depth at a point midway between the front
and rear lot lines, or the width of a lot measured along the rear
line of the required front yard.
MINING
The extraction or removal of natural products such as ores,
earth, topsoil, minerals or stone from the ground or surface for use
or sale.
[Added 7-8-1998 by L.L. No. 4-1998]
MOBILE HOME
A movable or portable unit designed and constructed to be
towed on its own chassis, comprised of frame and wheels, connected
to utilities and designed and constructed without a permanent foundation
for year-round living. A unit may contain parts that may be folded,
collapsed or telescoped when being towed and expanded later to provide
additional cubic capacity, as well as two or more separately towable
components designed to be joined into one integral unit capable of
being again separated into the components for repeated towing. "Mobile
home" shall include units designed to be used for residential, commercial,
educational or industrial purposes, excluding travel trailers.
[Amended 5-26-1977 by L.L. No. 3-1977]
MOTEL
A building or group of buildings containing individual living
and sleeping accommodations for hire, each of which is provided with
a separate exterior entrance and a parking space and which is offered
for rental and use principally by motor vehicle travelers. The term
"motel" includes but is not limited to every type of similar establishment
known variously as an "auto court," "motor hotel," "motor court,"
"motor inn," "motor lodge," "tourist court," "tourist cabins," or
"roadside hotel."
NONCONFORMING BULK
That part of a building, other structure or tract of land
which does not conform to one or more of the applicable bulk regulations
of this chapter, either following its effective date or as a result
of subsequent amendments thereto.
NONCONFORMING USE
Any use of a building, other structure or tract of land which
does not conform to the use regulations for the district in which
such use is located, either at the effective date of this chapter
or as a result of subsequent amendment thereto.
NURSERY SCHOOL
Any place, however designated, operated for the purpose of
providing daytime care or instruction for two or more children from
two to five years of age inclusive and operated on a regular basis,
including kindergartens, day nurseries and day-care centers.
NURSING OR CONVALESCENT HOME
A building where persons are housed or lodged and furnished
with meals and nursing care for hire.
[Amended 2-14-1996 by L.L. No. 1-1996]
OPEN SPACE
One or more parcels of land normally not developed with structures
or buildings and that are the preserved portion of lands in a conservation
subdivision.
[Added 6-29-2000 by L.L. No. 4-2000]
OVERLAY ZONE
A zone or district created for the purpose of conserving
natural or cultural resources or promoting certain types of development.
Overlay zones are imposed over base zoning districts and contain provisions
that are applicable in addition to those contained for these base
zones.
[Added 6-29-2000 by L.L. No. 4-2000]
PERSON
Includes individuals, partnerships, family groups, voluntary
associations and corporations.
[Added 6-8-1981 by L.L. No. 3-1981]
POSTER
A temporary, nonpermanent device which announces, directs
attention to or advertises any political, educational, charitable,
philanthropic, civic, professional, religious or similar organization,
campaign, show, drive, movement or event.
PREMISES
A lot, together with all the buildings and uses thereon.
PRIME SOILS
Soils defined by the United States Natural Resources Conservation
Service and New York State as being particularly suited and best used
for agricultural purposes.
[Added 6-29-2000 by L.L. No. 4-2000]
REGULATED FRESHWATER WETLANDS
For purposes of determining allowable density, the terms
"freshwater wetlands" or "wetlands" shall mean lands or waters of
the state meeting the definition set forth in § 664.2(f)
of Title 6 of the Official Compilation of Codes, Rules and Regulations
of the State of New York [6 NYCRR 664.2(f)] or any wetlands meeting
the United States Environmental Protection Agency and United States
Army Corps of Engineers' definition of "wetlands," as follows: "'Wetlands'
are areas that are inundated or saturated by surface water or groundwater
at a frequency and duration sufficient to support, and that under
normal circumstances do support, a prevalence of vegetation typically
adapted for life in saturated soil conditions. Wetlands generally
include swamps, marshes, bogs, and similar areas." In the Village
of Kinderhook, wetlands mapped by the New York State Department of
Environmental Conservation are set forth on official maps available
at the Village Clerk's office and from the regional office of the
New York State Department of Environmental Conservation.
[Added 6-29-2000 by L.L. No. 4-2000]
RESIDENCES, RESIDENTIAL
A building or any part of a building which contains living
and sleeping accommodations for permanent occupancy. "Residences"
therefore includes all boardinghouses, one-family, multifamily, fraternity
and sorority houses. However, "residences" shall not include the following:
(1)
Transient accommodations, such as hotels, motels
and hospitals.
(2)
That part of a building containing both residences
and other uses which is used for any nonresidential uses, except accessory
uses for residences.
RESTAURANT
An establishment where food and drink are prepared, served
and consumed primarily within the building. This does not include
fast-food restaurants.
[Added 2-14-1996 by L.L. No. 1-1996]
RETAIL STORES AND SHOPS
Establishments engaged in selling goods and merchandise to
the general public for personal or household consumption and rendering
services incidental to the sale of goods.
[Added 2-14-1996 by L.L. No. 1-1996]
RIGHT-OF-WAY
The property of a circulatory facility. (See "street width.")
SERVICE ESTABLISHMENT
Any business furnishing or supplying a person with something
needed or desired which does not produce a tangible commodity, including
personal services such as barbershops, beauty shops, shoe repair shops,
cleaners and similar services commonly found in retail districts.
[Added 6-8-1981 by L.L. No. 4-1981]
SETBACK
The distance in feet from the street right-of-way line to
the principal building on a lot.
[Amended 6-29-2000 by L.L. No. 4-2000; at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
SIGN
Any structure or part thereof or any device attached to a
structure or painted or represented on a structure which shall display
or include any lettering, wording, model, drawing, picture, banner,
flag, insignia, device, marking or representation used as or which
is in the nature of an announcement, direction or advertisement. A
"sign" includes a billboard, neon tube, fluorescent tube or other
artificial light or string of lights outlining or hung upon any part
of a building or lot for the purposes mentioned above, but does not
include the flag or insignia of any nation or of any governmental
agency or of any political, educational, charitable, philanthropic,
civic, professional, religious or similar organization, campaign,
drive, movement or event which is temporary in nature.
SIGN, ADVERTISING
A sign which directs attention to a business, commodity,
service or entertainment conducted, sold or offered elsewhere than
on the premises and only incidentally on the premises, if at all.
SIGN, AREA
The area within the shortest lines that can be drawn around
the outside perimeter of a sign, including all decorations and lights,
but excluding the supports if they are not used for advertising purposes.
All faces of the sign shall be counted in computing the area. Any
neon tube, string of lights or similar device shall be deemed to have
a minimum dimension of one foot.
SIGN, BUSINESS
A sign which directs attention to a business or profession
conducted on the premises. A "for sale" sign or a "to let" sign relating
to the property on which it is displayed shall be deemed a business
sign.
SIGN, DIRECTLY ILLUMINATED
A sign which incorporates any artificial lighting as an inherent
part or feature or which depends for its illumination on transparent
or translucent material or electricity or radioactivated or gaseous
material or substance.
SIGN, FLASHING
An illuminated sign on which the artificial lighting is not
maintained stationary or constant in intensity and color at all times
while in use.
SIGN, ILLUMINATED
A sign designed to give forth any artificial light or designed
to reflect such light deriving from any source which is intended to
cause such light or reflection.
SIGN, INDIRECTLY ILLUMINATED
A sign illuminated with an artificial light which is separated
from or is not an intrinsic part of the sign itself.
SIGN, REPRESENTATIONAL
Any two- or three-dimensional sign which is built so as to
physically represent the object advertised.
[Amended 2-14-1996 by L.L. No. 1-1996]
SIGN, TEMPORARY
A sign or advertising display constructed of cloth, canvas, fabric, plywood or other light material designed or intended to be displayed for a short period of time as in §
130-19D(17).
[Added 2-14-1996 by L.L. No. 1-1996]
SITE PLAN
A rendering, drawing or sketch prepared to specifications and containing necessary elements as set forth in §
130-36 which shows the arrangement, layout and design of the proposed use of a single parcel of land as shown on said plan. Plats showing lots, blocks or sites which are subject to review pursuant to authority provided for the review of subdivisions under Chapter
110, Subdivision of Land, of the Code of the Village of Kinderhook, shall continue to be subject to such review and shall not be subject to review under this section.
[Added 2-14-1996 by L.L. No. 1-1996]
SPECIAL USE PERMIT
An authorization of a particular land use which is permitted in §
130-7 of this chapter, subject to conditions imposed by §
130-24 of this chapter to assure that the proposed use is in harmony with this chapter and will not adversely affect the neighborhood if such conditions are met.
[Added 2-14-1996 by L.L. No. 1-1996]
START OF CONSTRUCTION
The first placement of permanent construction of a structure
(other than a mobile home) on a site, such as the pouring of slabs
or footings or any work beyond the stage of excavation. Permanent
construction does not include land preparation, such as clearing,
grading and filling; nor does it include the installation of streets
and/or walkways; nor does it include the excavation for a basement,
footings, piers or foundations or the erection of temporary forms;
nor does it include the installation on the property of accessory
buildings, such as garages or sheds, not occupied as dwelling units
or not as part of the main structure. For a structure (other than
a mobile home) without a basement or poured footings, the start of
construction includes the first permanent framing or assembly of the
structure or any part thereof on its piling or foundation. For mobile
homes not within a mobile home park or mobile home subdivision, start
of construction means the affixing of the mobile home to its permanent
site. For mobile homes within mobile home parks or mobile home subdivisions,
start of construction is the date on which the construction of facilities
for servicing the site on which the mobile home is to be affixed (including,
at a minimum, the construction of streets, either final site grading
or the pouring of concrete pads, and installation of utilities) is
completed.
[Added 2-14-1983 by L.L. No. 1-1983]
STORY
That part of a building comprised between a floor and the
floor or roof next above it. (See "attic," "basement" and "cellar.")
STORY, HALF
That portion of a building situated above a full story and
having at least two opposite exterior walls meeting a sloping roof
at a level not higher above the floor than a distance equal to 1/2
the floor-to-ceiling height of the story below.
STREET
An existing public way or private way which affords principal
means of access to abutting properties and is suitably improved, or
a proposed way shown on a plat approved by the Village Planning Board
and/or recorded in the office of the County Clerk.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
STREET WIDTH
The width of the right-of-way or the distance between property
lines on opposite sides of a street.
STRUCTURE
When the word "structure" is used in Chapter
130 hereof, except for §
130-23, it shall be defined as follows: a static construction of building materials, including buildings, stadiums, sheds, display stands, storage bins, signs, reviewing stands, gasoline pumps, mobile dwellings (whether mobile or stationary at the time), fences and the like.
[Amended 2-15-1979 by L.L. No. 1-1979; 6-8-1981 by L.L. No. 2-1981; 6-29-1987 by L.L. No. 2-1987]
TOWNHOUSE
One-family attached dwellings in a row of at least three
but not more than four such units in which each unit has its own front
and rear access to the outside, no unit is located over another unit
and each unit is separated from any other unit by one or more common,
fire-resistant wall(s).
[Amended 6-29-2000 by L.L. No. 4-2000]
TOWNHOUSE SUBDIVISION
A subdivision which includes townhouses where each single
unit in the townhouse is on a separate parcel. A townhouse subdivision
may be included in a conservation subdivision.
[Added 6-29-2000 by L.L. No. 4-2000]
TRAILER, TRAVEL
A vehicular portable structure designed as a temporary dwelling
for travel, recreational and vacation use.
USE
(1)
The purpose for which any buildings, other structures
or land may be arranged, designed, intended, maintained or occupied.
(2)
Any occupation, business activity or operation
conducted (or intended to be conducted) in a building or other structure
or on land.
USE VARIANCE
The authorization by the Zoning Board of Appeals for the
use of land for a purpose which is otherwise not allowed or is prohibited
by this chapter.
[Added 8-11-1993 by L.L. No. 1-1993]
WAY
A thoroughfare, however designated, permanently established
for passage of persons or vehicles.
YARD, FRONT
A yard extending across the full width of the lot and lying
between the front lot line of the lot and the nearest point of the
building.
YARD, REAR
A yard extending across the full width of the lot and lying
between the rear lot line of the lot and the nearest point of the
building.
YARD, REQUIRED
That portion of the open area of a lot extending open and
unobstructed from the ground upward along a lot line for a depth or
width as specified by the bulk regulations of the district in which
the lot is located. No part of such yard shall be included as part
of a yard or other open space similarly required for buildings on
another lot.
YARD, SIDE
A yard situated between the building and the side line of
a lot and extending from the front yard rear line (or from the front
lot line, if there is no required front yard) to the rear yard front
line (or rear lot line).