Town of Stockport, NY Article II Terminology

§ 120-4 Word usage; definitions.

A. Words used in the present tense include the future; the singular number includes the plural, and the plural number includes the singular; the word "lot" includes the word "plot"; the word "structure" includes the word "building." The term "occupied" or "used" as applied to any given building or land shall be construed to include "arranged," "designed," "constructed," "altered," "converted," "rented," "leased" or "intended to be used or occupied." The word "shall" is mandatory and not optional.

B. Unless otherwise expressly stated, the following terms shall, for the purposes of this chapter, have the meanings herein indicated:

ACCESSORY APARTMENT

A self-contained dwelling unit, having its own exterior or interior entrance, which is subordinate to the principal residence but on the same lot, with the principal residence being occupied by the owner of the lot.

ACCESSORY STRUCTURE

A structure that is customarily incidental and subordinate to that of the principal building and which is attached thereto or is located on the same lot or premises. Accessory structures are not for the purpose of human habitation, and include tennis courts, such buildings as garages, swimming pools, garden or tool sheds, barns, greenhouses and playhouses and such elements as satellite dish antennas, windmills and solar collectors. The class of structure commonly referred to as a "mobile home" shall not be utilized as an accessory structure.

ACCESSORY USE

A use, occupancy or tenancy which is customarily incidental and subordinate to the principal use, occupancy or tenancy and located on the same lot or premises.

ADDITION

An extension or increase in area or height of a building.

ADULT BOOKSTORE

An establishment having as a substantial or significant portion of its stock-in-trade, books, magazines, and other matter which are distinguished or characterized by their emphasis depicting, describing, or relating to sexual conduct. For the purposes of this definition, "substantial or significant portion of stock" shall mean greater than 25% of the subject establishment's inventory stock; or 25% of the subject premise's gross floor area, or 200 square feet, whichever is greater.

ADULT ENTERTAINMENT USE

For the purposes of this chapter, "adult entertainment use" shall be defined as any of the following: adult bookstore, adult motion picture theater, adult paraphernalia store, adult video store, and live nudity establishment or any other business or establishment characterized by an emphasis depicting, describing or related to sexual conduct or excitement. For the purposes of this definition, an adult use is any use or combination of uses which either have greater than 25% of the subject establishment's inventory stock; or 25% of the subject premises' gross floor area, or 200 square feet, whichever is greater, devoted to materials for sale or rent distinguished by or characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement.

ADULT LIVE NUDITY ESTABLISHMENTS

Any establishment which provides live entertainment for its patrons, which includes the display of nudity in any form.

ADULT MOTION PICTURE THEATER

An enclosed building used for presenting material distinguished by an emphasis on matter depicting, describing or relating to sexual conduct or sexual excitement.

ADULT PARAPHERNALIA STORE

An establishment having as a substantial or significant portion of its stock, devices, objects, tools, or toys which are distinguished or characterized by their association with sexual activity, including sexual conduct or sexual excitement. For the purposes of this definition, "substantial or significant portion of stock" shall mean greater than 25% of the subject establishment's inventory stock; or 25% of the subject's premise's gross floor area, or 200 square feet, whichever is greater.

ADULT VIDEO STORE

An establishment having a substantial or significant portion of its stock-in-trade, videos, movies, or other film material which are distinguished or characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement. For the purposes of this definition, "substantial or significant portion of stock" shall mean greater than 25% of the subject establishment's inventory stock; or 25% of the subject premises' gross floor area, or 200 square feet, whichever is greater.

AGRICULTURAL DATA STATEMENT

The mailed, written notice of an application that is required to be given to identified farm operations within an agricultural district which are located within 500 feet of the boundary of any property, upon which an action is taken, requiring municipal review and approval by the Planning Board, Zoning Board of Appeals, Town Board, or Village Board of Trustees pursuant to Article 16 of the Town Law as provided in § 305-a of the New York State Agricultural and Markets Law Article 25-AA.

AGRICULTURAL OPERATION

The land and on-farm buildings, equipment, manure processing and handling facilities, and practices which contribute to the production, preparation, and marketing of crops, livestock, and livestock products as a commercial enterprise, including a commercial horse boarding operation as defined in this chapter. Such farm operation may consist of one or more parcels of owned or rented land, which parcels may be contiguous or noncontiguous to each other. (Also, see the definition of "farm operation.")

AGRICULTURAL PROCESSING FACILITY

A facility no larger than 5,000 square feet where animals are killed and processed into meat foods, or a facility where plants and plant products are processed into canned, frozen, or fresh food products.

AGRITOURISM

Activities conducted on a farm and offered to the public, or to invited groups, for the sale of agricultural products, education, recreation or active involvement in the farm operation. Agritourism activities may be conducted in an accessory structure. Agritourism activities include, but are not limited to on-farm bed-and-breakfasts, farm stay programs, U-pick operations, and pumpkin patches.

ALTERATION

Any change, rearrangement or addition to a building, other than repairs; any modification in construction or in building equipment or the moving of a building or structure from one location to another.

AMUSEMENT ESTABLISHMENT

Establishment engaged in providing entertainment or recreational services for a fee.

(1) AMUSEMENT ESTABLISHMENT, INDOOR Amusement establishment that is wholly enclosed in a building, including but not restricted to: dance instruction studios, physical fitness studios, swimming pools, tennis courts, theaters, billiards, game parlors, kiddie lands, and similar commercial recreation activities.

(2) AMUSEMENT ESTABLISHMENT, OUTDOOR Amusement establishment where a portion of the activity takes place outside a building, including but not restricted to: game farms, skating rinks, fishing and hunting preserves, skiing/snowshoeing/toboggan areas, snowmobile areas, golf courses, miniature golf, batting cages, driving range facilities, museum villages, swimming pools, beaches and similar outdoor recreational activities.

ANIMAL HOSPITAL

A place where animals are given medical care and the boarding of animals is limited to short-term care incidental to the hospital use.

APARTMENT

A dwelling unit contained within a two-family or multifamily dwelling.

AREA AND BULK REGULATIONS

The combination of controls which establish the minimum size of a lot and the maximum size of a building and its location on such lot.

AIRPORT

A place where aircraft can land and take off, usually equipped with hangars, facilities for refueling and repair, and various accommodations for passengers.

AUTOMOBILE SERVICE FACILITY

Any building, land area, or other premises, or portion thereof, used for the retail dispensing or sales of vehicular fuels, servicing and repair of automobiles and including as an accessory use the sale and installation of lubricants, tires, batteries, and similar vehicle accessories.

AUTOMOBILE SALVAGE AND PARTS RECYCLING

A commercial operation in which motor vehicles that are unlicensed or unregistered; or abandoned, or not in condition for legal use upon the public highways are stored, dismantled, or partly dismantled for sale to the public.

BANK

An institution offering financial services, such as the safekeeping of money, lending of money at interest, conversion of domestic into and from foreign currencies, acceptance of bills of exchange, and transacting other financial business.

BED-AND-BREAKFAST ESTABLISHMENT

An owner-occupied dwelling in which at least one and not more than six rooms are offered for rent for transient occupancy, in which overnight lodging and breakfast are offered to such occupant and in which no public restaurant is maintained.

BLOCK

A unit of land bounded by streets or by a combination of streets and public land, railroad rights-of-way, waterways, or any other barrier to the continuity of development.

BOARDING, LODGING, OR ROOMING HOUSE

A private dwelling in which at least two but not more than six rooms are offered for rent, whether or not table board is furnished to lodgers, and in which no transients are accommodated and no public restaurant is maintained.

BUFFER or BUFFER ZONE

A strip of land established and suitably developed with fencing, berms and natural vegetation and where development is prohibited to protect a sensitive environmental resource.

BUILDABLE AREA

The space remaining on a lot after the minimum open space requirements and lot dimensions (coverage, yards, setbacks) have been met and the land not constrained by, but not limited to, steep slopes over 15%, wetlands, floodplains, streams, and other water bodies.

BUILDING

A structure wholly or partially enclosed within exterior walls, or within exterior and party walls, and a roof, affording shelter to persons, animals, property or business activity. See "structure."

BUILDING, ACCESSORY

See the definition of "accessory structure."

BUILDING, PRINCIPAL

A building in which is conducted the main or principal use of the lot on which said building is located.

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.

BUILDING COVERAGE

The amount of land covered or permitted to be covered by a building or buildings, measured in terms of a percentage of total lot area. Such coverage shall be measured on a horizontal plane at mean grade level and shall include covered porches, decks, overhangs, second floor projections extending beyond the grade level footprint, and any other similar covered projections. Such coverage does not include uncovered porches, terraces and steps.

BUILDING ENVELOPE

The space within which a structure and its supporting infrastructure is permitted to be built on a lot and that includes the building, driveway, and any lands disturbed for well and septic systems.

BUILDING LINE

The line, established by law, ordinance or regulation, beyond which no part of a building, other than parts expressly excepted, may extend.

BUILD-TO LINE

The maximum horizontal distance from the property line to any structure, roadway, parking area, accessory structure or other such improvement on a lot. A build-to line can be thought of as the opposite of a setback line, where a setback line is a minimum distance, the build-to line is a maximum distance.

CAMPGROUND

Any parcel of land on which are located two or more cabins, tents, shelters, or accommodations for recreational vehicles and travel trailers, of a design or character suitable for seasonal or other more or less temporary living purposes, including summer colony, resort, and day camp, but not including a mobile home park, boardinghouse, hotel or motel.

CEMETERY

Property used for internment of the dead.

CENTRAL WATER

For the purposes of this chapter, a water supply system serving five or more dwelling units used by year-round residents, or regularly serving at least 25 year-round residents and approved by the Town of Stockport and the Columbia County Health Department for either private or public operation.

CERTIFICATE OF OCCUPANCY

Official certification issued by the Code Enforcement Officer that a premises conforms to the applicable provisions of this chapter, the New York State Uniform Fire Prevention and Building Code and other applicable regulations, and may be legally used or occupied.

CESSATION OF USE

As used herein, a use shall be determined by the Code Enforcement Officer to have ceased when it has been discontinued either temporarily or permanently, whether with the intent to abandon such use or not.

CHURCH

See "place of worship."

CLUB, MEMBERSHIP

Premises of an organization of persons who meet periodically to promote some not-for-profit social, educational, athletic, service or recreational objective and who cater exclusively to members and their guests, with no vending, merchandising or commercial activities conducted except as required generally for the membership and purposes of the club.

CLUSTER DEVELOPMENT

A development pattern in which uses are grouped or clustered through a density transfer within a particular development, rather than spread evenly throughout a parcel as in conventional lot-by-lot development. See § 278 of the Town Law.

CODE ENFORCEMENT OFFICER

That Town employee appointed by the Town Board and charged with the responsibility of administering and enforcing this chapter as well as the New York State Uniform Fire Prevention and Building Code and related regulations.

COMMON SEWER

For the purposes of this chapter, a sewage disposal system serving two or more dwelling units, discharging 1,000 gallons or more per day, and approved by the Town of Stockport and the Columbia County Health Department for either private or public operation.

COMMUNITY AREAS

Those areas intended for the beneficial use or enjoyment by all residents of a development, including driveways, roadways, parking areas, walkways, landscaped areas, open space and recreation areas.

COMMUNITY BENEFITS OR AMENITIES

Open space, housing, or facilities which have physical, social or cultural benefit to the residents of the community.

COMMUNITY RESIDENCE

A facility for mentally disabled persons as defined by the Mental Hygiene Law and as regulated by the provisions of the New York State Uniform Fire Prevention and Building Code.[1]

COMPOSTING FACILITY

A facility where organic matter is degraded into useful material using a controlled microbiological process.

COMPREHENSIVE PLAN

A document, adopted as per New York State Town Law § 272-a that details an underlying purpose for controlling land uses and initiating other programs for the benefit of the whole community based upon consideration of the community's problems.

CONDOMINIUM

Individual ownership of a dwelling unit within a multifamily dwelling exclusive of the land underlying such structure.

CONSERVATION SUBDIVISION

A development pattern in which the structures are placed on a lot in a manner which protects critical environmental and cultural features that may be present and where at least 50% of the parcel is permanently preserved as open space.

CONTRACTOR'S YARD

Any space, whether inside or outside a building, used for the storage or keeping of construction equipment, materials, machinery or vehicles, or parts thereof which are in active use by a construction contractor.

CONVENIENCE FOOD STORE

A facility of 4,000 square feet or less of gross floor area with any combination of the following primary characteristics:

(1) Retail sale of food and beverages for consumption off-premises.

(2) Sale of prepared foods, such as sandwiches, soups, ice cream, etc., for consumption on or off the premises and may include indoor seating for such purposes.

(3) Sale of gasoline or other fuel, oil or other lubricating substances or other motor vehicle accessories and generally of a self-service type.

CONVENTIONAL LAYOUT

A plan illustrating the total number of residential dwellings that could be developed on a site using the zoning requirements of the existing zoning district and excluding unbuildable areas.

CONVERSION

A change in use or occupancy of a building, generally by alteration or by other reorganization as to change the number of families or dwelling units within a structure.

COTTAGE OR CABIN DEVELOPMENT

Any parcel of land on which are located two or more cottages, cabins or other accommodations of a design or character suitable for seasonal or other temporary living purposes, including summer colony and resort, but not including a mobile home park, boardinghouse, hotel or motel.

COUNTRY CLUB

A recreational facility usually restricted to members and their guests, which generally includes a clubhouse, dining and eating establishments, and recreational facilities such as golf courses, tennis courts, and swimming pools.

CULTURAL FACILITY

Establishments for illustrating or documenting social, intellectual, natural and artistic features that characterize a society and include museums, art galleries, libraries, botanical and zoological facilities, or those characterizing historic, educational or cultural interests.

DAY CAMP

Non-overnight camp providing recreation, arts and crafts and other activities for preschool- and school-age participants, limited to summer and other school vacation periods.

DAY-CARE CENTER

A private establishment enrolling four or more school-age or younger children and where tuition, fees, or other forms of compensation for the care of children is received, and which is licensed or approved to be used as a child-care center and which is not located within a private residence.

DAY-CARE HOME

(1) FAMILY DAY-CARE HOME Any program or facility licensed by the State of New York Office of Children and Family Services and which has a program caring for children for more than three hours per day per child in which child day care is provided in a private residence for three to six children. Refer to New York State Social Services Law § 390.

(2) GROUP FAMILY DAY-CARE HOME Any program or facility licensed by the State of New York Office of Children and Family Services; a program caring for children for more than three hours per day per child in which child day care is provided in a private residence for seven to 10 children of all ages, including not more than four children under two years of age or up to 12 children where all of such children are over two years of age. Refer to New York State Social Services Law § 390.

DENSITY

The ratio of land area to family or dwelling units on a lot.

DEVELOPMENT

Any activity other than normal agricultural, conservation or forest management activity which materially affects the existing condition of land or improvements, including but not limited to:

(1) Removal of more than 50% of all trees or other natural cover on the parcel.

(2) Substantial excavation or deposit of earth or other fill, including alteration of the banks of any stream or body of water.

(3) Construction, reconstruction, alteration or demolition of any improvement.

(4) Dumping or parking of any object or material, whether mobile, liquid or solid.

(5) Commencement of any use of the land and improvements thereto and any change in the type or intensity of such use.

(6) Commencement or change in type or intensity of any noise, light, smoke or other emission, in violation of the general performance standards stated in § 120-22.

DISTRICT or LAND USE DISTRICT

An area or section of the Town described on the Land Use District Map contained within this chapter and within which uniform requirements regulate the use of land and structures and the height, bulk, density and setback of structures.

DOMESTIC ANIMAL

Includes poultry, livestock including beef cattle, sheep, swine, horses, ponies, mules, or goats or any mutations or hybrids thereof.

DRIVE-IN ESTABLISHMENT

A premises constructed to cater to the motoring public, whether or not additionally serving pedestrians as well as the automobile trade, and used for the sale to the public of any product and providing curb, window, counter or other takeout service.

DRIVEWAY

A private access route directly serving a parking area or serving parking spaces and not providing a route for through traffic.

DWELLING

A building designed or used principally as the living quarters for one or more families.

DWELLING, ONE-FAMILY

A detached building containing one dwelling unit only.

DWELLING, TWO-FAMILY

A detached or semidetached building containing two dwelling units only.

DWELLING, MULTIFAMILY

A detached, semidetached or attached building or portion thereof containing three or more dwelling units.

DWELLING, ROW OR ATTACHED

A one-family dwelling with party walls separating it from adjacent units on both sides, or on one side if an end unit, with each having separate entrances from the outside.

DWELLING UNIT

A building or entirely self-contained portion thereof containing complete housekeeping facilities for only one family, including any domestic servants employed on the premises, and having no enclosed space (other than vestibules, entrances or other hallways or porches) or cooking or sanitary facilities in common with any other dwelling unit. A boardinghouse, dormitory, motel, inn, nursing home, fraternity, sorority or other similar building shall not be deemed to constitute a dwelling unit.

ENFORCEMENT OFFICER

See the definition of "Code Enforcement Officer."

EROSION

The detachment and movement of soil or rock fragments or the wearing away of the land surface by water, wind, ice, and gravity.

EXTRACTIVE OPERATION/MINE

A lot or land or part thereof used for the purpose of extracting stone, sand, gravel or topsoil for sale, or for use off site, at another location, as an industrial operation, and exclusive of the process of grading a lot preparatory to the construction of a building for which application for a building permit has been made.

FAMILY

One or more persons, related by blood, adoption or marriage, living and cooking together as a single housekeeping unit, or a number of persons living and cooking together as a single housekeeping unit though not related by blood, adoption or marriage.

FARM OPERATION

The land and on-farm buildings, equipment, manure processing and handling facilities, and practices which contribute to the production, preparation, and marketing of crops, livestock, and livestock products as a commercial enterprise, including a commercial horse boarding operation as defined in this chapter. Such farm operation may consist of one or more parcels of owned or rented land, which parcels may be contiguous or noncontiguous to each other.

FARMSTAND

A permanent structure used for retail sales of agricultural products.

FENCE

An unroofed enclosing structure erected for the purpose of preventing passage or view.

FLAG LOT

A building lot not meeting the required road frontage and characterized by a narrow strip of property by which access is gained.

FLOOD, ONE-HUNDRED-YEAR OR BASE

The flood having a one-percent chance of being equaled or exceeded in any given year.

FLOOD HAZARD BOUNDARY MAP (FHBM)

An Official Map of the community published by the Federal Emergency Management Agency as part of a riverine community's Flood Insurance Study. The FBFM delineates a regulatory floodway along watercourses studied in detail in the Flood Insurance Study.

FLOOD INSURANCE RATE MAP (FIRM)

An Official Map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY

An examination, evaluation and determination of the flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of flood- related erosion hazards.

FLOOD

A general and temporary condition of partial or complete inundation of normally dry land areas from:

(1) The overflow of inland or tidal waters;

(2) The unusual and rapid accumulation or runoff of surface waters from any source.

FLOODING, AREA OF SHALLOW

A designated AO, AH or VO Zone on a community's Flood Insurance Rate Map (FIRM) with a 1% or greater annual chance of flooding to an average annual depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

FLOODPLAIN or FLOOD-PRONE AREAS

Any land area susceptible to being inundated by water from any source (see definition of "flooding").

FLOODPLAIN AREA WITH SPECIAL FLOOD HAZARD

The maximum area of the floodplain that, on the average, is likely to be flooded once every 100 years (i.e., that has a one-percent chance of being flooded in any given year). The floodplain areas with special flood hazard include the area shown on the FHBM as Zone A and on the FIRM as Zone A, AO, AH, A1 to A30, A99, V and V1 to V30.

FLOODPLAIN MANAGEMENT

The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness measures, flood control works and land use and development control measures.

FLOODPROOFING

Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

FLOODWAY

The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height as determined by the Federal Emergency Management Agency in a Flood Insurance Study.

FLOOD PROTECTION ELEVATION

The one-hundred-year flood elevation, plus one additional foot of elevation.

FLOOR AREA

The sum of the gross horizontal area of the floor or floors of a building as measured from the exterior faces of exterior walls or from the center line of walls separating two buildings.

FOOD PROCESSING FACILITY

A facility in which raw materials are processed into consumable food and/or beverages or otherwise prepared for eventual human consumption but is not sold for consumption on the premises.

(1) FOOD PROCESSING FACILITY ASSOCIATED WITH A FARM OPERATION A food processing facility that is located on or adjacent to a farm operation, and uses some or all of the vegetable and/or animal products grown and/or raised on that farm operation in its production of food or beverage products. Such establishments include but are not limited to: caterers, bakeries, cheese makers, butchers, cider mills, wineries, breweries, and distilleries.

(2) FOOD PROCESSING FACILITY, SMALL-SCALE A food processing facility less than 2,500 square feet in size. Such establishments include but are not limited to: caterers, bakeries, cheese makers, butchers, wineries, distilleries, and breweries. Such establishments do not include large-scale industrial operations such as slaughterhouses, flour mills, and canneries that depend on the regional market for raw material suppliers and wholesale customers.

FORESTRY AND LOGGING OPERATION

The process in which trees are felled (cut down) as part of a timber harvest, to supply firewood, or raw material for the wood products industry including logs for sawmills, or pulp wood for the pulp and paper industry. Timber harvesting can also remove wood for forest management or wildlife management purposes. Forestry operations usually involve a trained forester for the purposes of the management of woodland to provide timber for sale.

FRONTAGE, LOT

That side of a lot coincident with the street line. A corner lot shall be considered to have two such frontages.

FULLY SHIELDED FIXTURE

An outdoor lighting fixture that, by design of the housing, does not allow any light dispersion or direct glare to shine above a ninety-degree horizontal plane from the base of the fixture. Fully shielded fixtures must be installed in a horizontal position as designed, or the purpose of the design is defeated, and direct glare will result.

FUNERAL HOME

A building used for the preparation of the deceased for burial and the display of the deceased and rituals connected therewith before burial or cremation.

GARAGE, PRIVATE

An enclosed space for the storage of one or more vehicles, provided that no business, occupation or service, other than a home occupation authorized by special use permit, is conducted for profit therein nor space therein for more than one car leased to a nonresident of the premises.

GARAGE, PUBLIC

Any garage, other than a private garage, available to the public, operated for gain and which is used for storage of automobiles or other motor vehicles.

GASOLINE STATION

Any area of land, including structures thereon, that is used or designed to be used for the sale of gasoline, oil or other motor vehicle fuel and which may include facilities for lubricating, washing, cleaning or otherwise servicing motor vehicles, but not including the painting or major repair thereof or the use of mechanical car-washing equipment.

GLARE

The eye's line-of-sight contact with a direct light source that causes annoyance, discomfort, or loss in visual performance and ability, and light spilling onto an adjacent property in excess of 0.5 footcandle measured at the property line.

GRADE, FINISHED

The elevation at which the finished surface of the surrounding lot, either naturally occurring or upon completion of any change in contour, intersects the walls and supports of a structure.

GREENHOUSE

A building or structure whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of fragile or out-of-season plants for subsequent sale.

GUESTHOUSE

A secondary detached dwelling unit or part thereof that provides accommodations for visitors of the primary dwelling unit without compensation.

HEIGHT, BUILDING

The vertical distance from the finished grade to the top of the highest roof member, but not including chimneys, spires, towers, elevator penthouses, tanks and similar projections, except where such features occupy an aggregate area of more than 80 square feet or 10% of the roof area, whichever shall be less.

HOMEOWNERS' ASSOCIATION

An organization of residential property owners, duly constituted, residing within a particular development, whose major purpose is to own, preserve, maintain and provide community areas, facilities and services for the common enjoyment of the residents.

HOME OCCUPATION, LOW-IMPACT

Any nonresidential use that is secondary and clearly subordinate to an existing residential use, conducted within a dwelling unit or an accessory structure by a permanent resident of that dwelling unit, which does not change the residential character of the dwelling unit or vicinity and where no nonresident employees, customers or clients enter the premises and where no signage, or exterior storage of products or equipment are required is exempt from site plan review. A day-care operation that meets the other portions of this definition may also be a low-impact home occupation.

HOME OCCUPATION, MAJOR

Any nonresidential use that is secondary and clearly subordinate to an existing residential use, conducted wholly or partially within a dwelling unit or an accessory structure by a permanent resident of that dwelling unit, which is clearly secondary to the use of the dwelling unit and does not change the residential character of the dwelling unit or vicinity or have any exterior evidence of such secondary use other than a sign, and where customers, clients or sales representatives enter the premises, and in which not more than three nonresidents are employed. A day-care operation that meets the other portions of this definition may also be a major home occupation.

HORSE BOARDING OPERATION

An agricultural operation consisting of at least seven acres and boarding at least 10 horses, regardless of ownership, that receives $10,000 or more in gross receipts annually for fees generated either through the boarding of horses or through the production for sale of crops, livestock, livestock products, or through both such boarding and such production. A horse boarding operation provides care, housing, health-related services and training to animals kept on the premises or on other properties owned or leased by the farm operator. Riding and training activities that are directly related to, and incidental to, the boarding and raising of horses, including riding lessons for persons who own or have a long-term lease from the farm owner for the horse that is boarded at the farm and uses for such activities, are part of the farm operation. Riding academies offering riding lessons to the public and to individuals that do not own or have a long-term lease for the horse that is boarded and used at the facility for such riding and operations whose primary function is horse racing are not considered a horse boarding operation. A horse boarding operation is also known as a "horse stable."

HOSPITAL

A building containing beds for four or more human patients and used for the diagnosis, treatment or other care of human ailments.

HOSPITAL, ANIMAL

An establishment for the medical and/or surgical care of sick or injured animals.

HOTEL

A facility offering transient lodging accommodations to the general public and providing additional services such as restaurants, meeting rooms, entertainment, and/or recreational facilities.

INCENTIVES

Adjustments to the permissible density and other area requirements or open spaces of the Zoning Law of the Town of Stockport and any amendments thereto in exchange for a specific community benefit or amenity in a manner not otherwise allowed by the Zoning Law; these adjustments may incorporate two or more noncontiguous parcels of land.

JUNKYARD

An area of land, with or without buildings, used for or occupied by a deposit, collection or storage, outside a completely enclosed building, of used or discarded materials such as wastepaper, rags, scrap metal or used building materials, home furnishings, machinery or parts thereof, with or without the dismantling, processing, salvage or other use or disposition of the same. Also known as a junk storage area.

JUNKYARD, AUTOMOBILE

An area of land, with or without buildings, used for or occupied by a deposit, collection or storage, outside a completely enclosed building, of two or more used or discarded motor vehicles or parts thereof, which are unlicensed or unregistered, abandoned, wrecked, stored, discarded, dismantled, or partly dismantled, or not in condition for legal use upon the public highways. The fact that a motor vehicle does not display a current motor vehicle registration or license plate shall be presumptive evidence that such motor vehicle is not in condition for legal use upon the highways. With respect to any motor vehicle not required to be licensed or a motor vehicle not usually used on public highways, the fact that such motor vehicle is not in condition to be removed under its own power shall be presumptive evidence that such motor vehicle is a junk motor vehicle unless refuted by verifiable and credible proof.

KENNEL

Any premises on which are kept four or more dogs more than six months of age or any number of dogs that are kept for the primary purpose of sale or for the purposes of boarding, care or breeding and for which a fee is charged or paid.

LANDFILL

A lot or land area used primarily for the disposal or abandonment, burial, burning or other disposition of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof or waste material of any kind.

LAND USE DISTRICT MAP

The map delineating the boundaries of the land use districts which, along with the text, comprises this chapter.

LAUNDERETTE

An establishment providing washing, drying, or dry-cleaning machines on the premises for rental use to the general public.

LOT

A parcel of land having defined boundaries and considered as a unit, devoted to a specific use or occupied by a structure or group of structures that are united by a common interest, use or ownership, and including customary accessory structures, uses, open spaces and yards.

LOT, CORNER

A lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135°. The point of intersection of the street right-of-way lines is the corner.

LOT AREA

The total land area of a lot within the lot lines.

LOT DEPTH

The minimum horizontal distance from the street line of a lot to the rear lot line of such lot, measured in the general direction of the side lines.

LOT LINE

The line dividing one premises from another or from a street or other public space.

LOT WIDTH

The minimum 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.

LOT OF RECORD

A legally existing lot at the time of adoption of this chapter duly filed and recorded in the Columbia County Clerk's office as either an individual parcel of land or part of an approved subdivision, in accordance with Chapter 105, Subdivision of Land, and applicable provisions of the Town Law.

LUMBERYARD

An area and structures used for the storage, distribution, and sale of finished or rough-cut lumber, and lumber products.

MANUFACTURED HOME

A factory-manufactured dwelling unit built on or after June 15, 1976, and conforming to the requirements of the Department of Housing and Urban Development (HUD), Manufactured Home Construction and Safety Standards, 24 CFR Part 3208, 4/1/93, transportable in one or more sections, which in the traveling mode, is eight feet (2,438 mm) or more in width or 40 feet (12,192 mm) or more in length, or, when erected on site, is 320 square feet (29.7 m²) minimum, constructed on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning and electrical systems contained therein. The term "manufactured home" shall also include any structure that meets all the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Federal Department of Housing and Urban Development and complies with the standards established under the national Manufactured Housing Construction and Safety Act of 1974, as amended. The term "manufactured home" shall not include any self-propelled recreational vehicle.

MANUFACTURING FACILITY

An establishment engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the creation of products, and the blending of materials, such as oils, plastics, resins, or liquors.

MARINA OR BOAT BASIN

Any premises containing one or more piers, wharves, docks, moorings, bulkheads, buildings, pumping facilities, slips, basins or land underwater designed, used or intended to be used primarily for the docking or mooring of boats for compensation.

MASTER PLAN

A document setting forth policies for the future growth and development of the Town. Such document may be officially adopted by the Town Board and satisfies the requirements of § 272-a of the Town Law. Such plan is also referred to as a "Comprehensive Plan."

MEDIAN PRICED HOUSE

A dwelling unit available at a cost of no more than 30% of the gross annual household income of households at or below 80% of the Columbia County median income as reported by the U.S. Department of Housing and Urban Development.

MEDICAL CLINIC

A facility principally engaged in providing services for health maintenance, and the treatment of mental or physical conditions without providing overnight or long-term accommodations for patients.

MOBILE HOME

A factory-manufactured dwelling unit built prior to June 15, 1976, with or without a label certifying compliance with NFPA, ANSI or a specific state standard, transportable in one or more sections, which in the traveling mode, is eight feet (2,438 mm) or more in width or 40 feet (12,192 mm) or more in length, or, when erected on site, is 320 square feet (29.7 m²) minimum, constructed on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein. The term "mobile home" shall not include travel trailers or any self-propelled recreational vehicle.

MOBILE HOME PARK

Any lot, parcel or tract of land or portion thereof, together with the open space and facilities required by this chapter, used, designed or maintained and having mobile home spaces, as defined herein, held out for hire or lease to accommodate mobile homes as defined herein.

MODULAR HOME

A factory-built dwelling, not including a mobile home or manufactured home, transported to the site and permanently attached to the same.

MOTEL

An establishment providing sleeping accommodations with a majority of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building.

MOTOR VEHICLE

All vehicles propelled or drawn by power other than muscular power including but not limited to automobile, bus, trailer, truck, tractor, motor home, motorcycle, boat, and mini-bicycle. This term shall also include an all-terrain vehicle or snowmobile.

MUNICIPAL BUILDING

A building or structure owned and maintained by, or leased to the Town of Stockport for use by governmental agencies. Examples are: Town hall, highway garage, structures on Town-owned parkland, etc.

NEIGHBORHOOD

An area of Stockport with characteristics that distinguish it from other areas and that may include distinct characteristics defined by housing, density, physical characteristics, or by physical barriers such as roads, railroads, or natural features.

NEIGHBORHOOD BUSINESS USE

A commercial use that provides convenience goods and services for residents of the surrounding area. The major characteristic of a neighborhood business use is its scale as it does not contain any large stores designed to serve several neighborhoods.

NIGHTCLUB

A drinking establishment which includes either an area in which patrons may dance or which provides live entertainment other than by a single instrumental musician or vocalist.

NONCONFORMING BUILDING OR STRUCTURE

An existing building or structure which contains a use permitted in the land use district in which it is located, but which does not conform to the applicable district regulations for lot area, width or depth; front, side or rear yards; maximum height; lot coverage; parking requirements; or density after the enactment or subsequent amendment of this chapter.

NONCONFORMING USE

An existing use which does not conform to the applicable use regulations for the land use district in which such use is located after the enactment or subsequent amendment of this chapter.

NOXIOUS USE

Any use which is dangerous, offensive or injurious by reason of the emission of dust, smoke, refuse matter, odor, gas fumes, noise or vibration in contravention of the standards and criteria established by this chapter and other applicable laws, rules, codes and regulations.

NURSERY

The growing, cultivation, storage, and sale of garden plants, flowers, trees, shrubs, and fertilizers.

NURSERY SCHOOL

Any premises, however designated, which operates on a regular basis to provide care or instruction for five or more enrolled children under six years of age other than the children of the resident family. The term "nursery school" shall include a kindergarten, preschool, day nursery, and day-care center and family day-care facility as defined and regulated by § 390 of the New York State Social Services Law.

NURSING HOME

Premises on which is provided lodging, meals and continuing nursing care for compensation to convalescent or chronically ill persons. The term "nursing home" shall include a convalescent home and a rest home.

OCCUPANCY

Development and/or use of a building, structure or premises.

OFFICE, GENERAL OR PROFESSIONAL

A room or group of rooms used for conducting the affairs of a business, profession, service, industry, or government and usually furnished with desks, tables, files, and communication equipment.

OPEN AREA, REQUIRED

That area of a lot which shall be properly maintained with a combination of natural lawn, shrubs, trees and other plant materials and related ground covers.

OPEN SPACE

Any area of land or water essentially unimproved and set aside, dedicated, designated or reserved for recreation or conservation or left in its natural state.

OPEN SPACE PARK STRUCTURE

Structures located on lots dedicated to passive outdoor uses, for the enjoyment and protection of such lots, including but not limited to pavilions, picnic tables, signs, fences, gates, information kiosks, trail signs, wildlife observation screens and blinds, and parking areas designed specifically for the users of the park. Open space park structures do not include structures designed for overnight use.

OVERLAY DISTRICT

A district described by this chapter within which, due to special circumstances and the imposition of a special overlay designation, additional regulations and requirements apply to complement those of the underlying land use district to which such designation is added.

OWNER

The owner of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee or other person, firm or corporation in control of a building, structure or premises.

PARK

A tract of land either privately owned or owned by a branch of government, made available for active and/or passive recreational purposes. Also known as a "recreational area."

PARKING SPACE, OFF-STREET

An area of land, not less than 180 square feet excluding driveways or access drives thereto, which is out of the public right-of-way and is available and adequately improved for the parking of one motor vehicle.

PATIO

A level surfaced area directly adjacent to a principal building at or within three feet of the finished grade, and not covered by a permanent roof. See also "terrace."

PERFORMANCE STANDARDS

Regulations for the control of dangerous or objectionable elements as described in § 120-22.

PERMITTED USE

A specific use noted in the district Schedule of Use Regulations, to which land, lots, buildings or structures may be used, occupied or maintained under this chapter as a matter of right.

PERSON

Any individual, corporation, partnership, association, trustee or legal governmental entity.

PERSONAL SERVICE ESTABLISHMENT

Establishments primarily engaged in providing services involving the care of a person or his or her personal goods or apparel, including but not limited to, beauty shops, shoe repair, barbershops, and domestic services.

PHILANTHROPIC INSTITUTION

An organization formed to provide humanitarian or charitable assistance.

PLACE OF WORSHIP

A church, synagogue, temple, mosque, or other facility that is architecturally designed and particularly adapted for the primary use of conducting formal religious services on a regular basis.

PLANNED DEVELOPMENT

A structure or group of structures designed for either a single- use or mixed-use occupancy and intended to be maintained and operated as a unit in single ownership or controlled by an individual, partnership, corporation, cooperative or association and which has certain facilities in common, such as open space and recreation areas, utilities and parking facilities.

PLANNING BOARD

The Planning Board of the Town of Stockport.

POND/LAKE

An inland body of water fed by springs or surrounding runoff. A pond is typically a man-made body of water smaller than a lake. However, the difference between a pond and an artificial lake is subjective. They are both formed by ponding water. A lake is a larger body of slow-moving or standing water that occupies an inland basin.

PORCH or DECK

A level surfaced area directly adjacent to a principal building that is raised at least 30 inches above the finished grade, with a railing, and may or may not include a permanent roof.

PREMISES

A lot, plot or parcel of land, together with all structures and uses thereon.

PRIMARY CONSERVATION AREA

The area delineated in a conservation subdivision to have priority resource areas to be conserved, including but not limited to streams, floodplains, wetlands, critical habitats, steep slopes, areas with rocky outcrops, and groundwater recharge areas.

PRINCIPAL BUILDING

A building in which is conducted the principal use of the lot on which it is located.

PRINCIPAL USE

The main use of a lot or structure.

PROHIBITED USE

Any use which is not listed as a permitted use, special permit use or permitted accessory use in the district Schedule of Use Regulations shall be considered a prohibited use hereunder.

PUBLIC UTILITY

A closely government-regulated enterprise with a franchise for providing to the general public a utility service deemed necessary for the public health, safety, and welfare. Public utility facilities are buildings or structures that furnishes the utility services such as switching stations, poles, lines, pipes, pumping stations, antennas, transmitters, receivers, and valves relating to electric, gas, telephone, water, sewer, public transit, and cable.

REPAIR

Replacement or renewal, excluding additions, of any part of a building, structure, device or equipment, with like or similar materials or parts, for the purpose of maintenance of such building, structure, device or equipment.

RETAIL BUSINESS

Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.

REQUIRED

Required by this chapter.

RESEARCH LABORATORY

A facility for investigation into the natural, physical, or social sciences, which may include engineering and product development.

RESTAURANT

An establishment where food and drink are prepared, served, and consumed primarily within the principal building.

RIDGELINE

A topographical feature occurring where a slope of 25% or greater changes to less than 25% at the top of a hill or mountain.

RIDING ACADEMY

An operation that offers riding lessons to the public and to individuals that do not own or have a long-term lease for the horse that is boarded and used at the facility for such riding. A riding academy is not considered to be an agricultural activity.

ROADSIDE STAND

A temporary structure where products grown on the premises or elsewhere by the operator of the roadside stand may be sold and purchased.

SATELLITE ANTENNA

Includes any parabolic dish, antenna or other devices or equipment of whatever nature or kind, the primary purpose of which is to receive television, radio, microwave or other electronic signals from space satellites.

SAWMILL

A facility where raw logs are sorted, debarked, sawn, trimmed, dried, planed, and otherwise processed into uniform shapes.

SECONDARY CONSERVATION AREA

The area delineated in a conservation subdivision to have secondary resource areas to be conserved including, but not limited to healthy woodlands holding important ecological functions such as soil stabilization and protection of streams, hedgerows and other vegetation features representing the site's rural past, historic structures or sites, and visually prominent features such as knolls or hilltops.

SEDIMENT

Solid material, both mineral and organic, that is in suspension, is being transported, has been deposited or has been removed from its site of origin by erosion.

SENIOR CITIZEN HOUSING

Multifamily housing designed for older people including assisted-living facility, congregate residences, continuing care retirement community, and retirement community:

(1) ASSISTED-LIVING FACILITY Residences for the elderly that provide rooms, meals, personal care, and supervision of self-medication. They may provide other services, such as recreational activities, financial services and transportation.

(2) CONGREGATE RESIDENCE Apartments and dwellings with communal dining facilities and services such as housekeeping, organized social and recreational activities, transportation, and other support services appropriate for the residents.

(3) CONTINUING CARE RETIREMENT COMMUNITY An age-restricted development that provides a continuum of accommodations and care, from independent living to long-term bed care, and enters into contracts to provide lifelong care in exchange for the payment of monthly fees and an entrance fee.

(4) RETIREMENT COMMUNITY Any age-restricted development, which may be in any housing form, including detached and attached dwelling units, apartments, and residences, offering private and semi-private rooms.

SETBACK

The minimum horizontal distance from the property line to any structure, roadway, parking area, accessory structure or other such improvement on a lot, except necessary driveways.

SEQRA

The State Environmental Quality Review Act (6 NYCRR Part 617).

SHOPPING CENTER

A tract of land with buildings or structures planned as a whole and intended for one or more establishments for retail, office or allied purposes.

SIGN

Any object, devise, display, or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination, or projected images.

(1) SIGN, DIRECTIONAL An off-premises sign directing the way to a place of business, public service or residence.

(2) SIGN, FREESTANDING A sign that is not affixed to a building and is so constructed to be an independent unit; included are pole signs, pylon signs and ground-mounted signs.

(3) SIGN, INTERNALLY ILLUMINATED A sign lighted by or exposed to artificial lighting that shines through a plastic or other translucent or transparent covering from the inside of a sign. Use of neon and other similar signs are considered internally illuminated.

(4) SIGN, SURFACE AREA OF The entire area within a single, continuous perimeter enclosing the extreme limits of such sign and in no case passing through or between any adjacent elements of the same. However, such perimeter shall not include any structural or framing elements lying outside the limits of such sign and not forming an integral part of the display. All faces of the sign shall be counted in computing the area. Any neon tube, string of light or similar device shall be deemed to have a minimum dimension of one foot.

(5) SIGN, WALL A sign attached directly to the wall of a building, parallel to said wall and having a visible edge or border extending not more than 12 inches from the face of such wall.

SINGLE OWNERSHIP

Possession of land under single or unified control, whether by sole, joint, common or other ownership or by a lease having a term of not less than 30 years, regardless of any division of land into parcels for the purpose of financing.

SITE PLAN

That map or drawing and all related information submitted for review by the Planning Board in accordance with the requirements and procedure specified in Article VI.

SLOPE

Land with a topographic gradient usually expressed as percent slope, the percent being calculated by measuring vertical elevation relative to horizontal distance. [A slope of 25% means a twenty-five-foot rise in elevation from one point to another along a one-hundred-foot horizontal plane (calculated as: twenty-five-foot rise/one-hundred-foot horizontal distance = 25% slope)].

SPECIAL PERMIT USE

A use which is deemed desirable for the public welfare within a given land use district or districts, but which is potentially incompatible with other uses provided therein. The special use shall, therefore, be subject to approval in accordance with conditions set forth for such use as well as other applicable provisions of this chapter.

STREET

A public or private right-of-way which provides vehicular access to abutting properties.

STREET LINE

The dividing line between a lot and a street right-of-way.

STRUCTURE

A static construction or assembly or materials, the use or occupancy of which requires a fixed location on the ground or attachment to an object having such a fixed location. Structures shall include but are not limited to: buildings, stadiums, sheds, storage bins, reviewing and display stands, platforms, towers, walls, fences, swimming pools, gasoline pumps, billboards, signs and mobile dwellings.

SUBDIVISION

The division of any parcel of land into two or more lots, plots, sites or other division of land for the purpose, whether immediate or future, of transfer of ownership or building development. Such division shall include resubdivision of parcels of land for which an approved plat has already been filed in the office of the Columbia County Clerk and which is entirely or partially undeveloped.

SUBSTANTIAL ALTERATION OF IMPROVEMENT

For the purposes of § 120-20.9, any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. The term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

(1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

(2) Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a "historic structure."

SWIMMING POOL

Any outdoor pool, tank, depression or excavation for the specific purpose of swimming that causes the retaining of water to a depth greater than 18 inches and having a water surface area in excess of 100 square feet.

TAVERN, BAR

Premises used primarily for the sale or dispensing of beer, wine, or liquor by the drink for on-site consumption and where food may be available for consumption on the premises as accessory to the principal use.

TELECOMMUNICATIONS FACILITY

An unstaffed facility in connection with the commercial operation of a personal wireless services facility as defined in the Communications Act of 1934, as amended by the Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7)(C). Such facility usually consists of an equipment shelter, a support structure and/or other transmission and reception devices.

TELECOMMUNICATIONS TOWER/TOWER

A lattice structure framework, or monopole, that is designed to support personal wireless service or other communications system, transmission, receiving and/or relaying antennas and/or equipment.

TERRACE

A level surfaced area directly adjacent to a principal building at or within three feet of the finished grade, and not covered by a permanent roof. See also "patio."

TRAILER, CAMPING

A folding structure, mounted on wheels and designed for limited travel recreation and vacation use only.

TRAILER, TRAVEL

A vehicular, portable structure built on a chassis, designed as a temporary one-family dwelling for travel, recreation and vacation purposes,

UNREASONABLE OR DIRECT GLARE

The effect produced by brightness sufficient to cause annoyance, discomfort, or loss in visual performance and visibility resulting from insufficiently shielded light sources in the field of view. Direct glare shall not be observable (outside the originating property limits) at an angle greater than 85° from the nadir of the vertical axis of the light source. Unreasonable glare is a light originated on a property with a maximum of 0.5 horizontal footcandle (HFC) seen at a distance of 25 feet beyond the property lines.

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.

USE REGULATIONS

The controls which enumerate the permitted principal, permitted accessory and special permit uses within each of the districts established by this chapter.

VARIANCE

A modification of the use and/or area and bulk regulations of this chapter in an individual case where, due to the specific facts and conditions peculiar to a particular property, literal application and strict enforcement would result in undue and unnecessary hardship or practical difficulty that would deprive the owner of reasonable use of the land or structures. Such unnecessary hardship or practical difficulty shall not be construed to include mere inconvenience or a desire to make more money.

VARIANCE, AREA

A variance from the area and bulk regulations or supplementary regulations of a related character (such as amount, size, location or design of access, off-street parking, landscaping or signage) to authorize on a specific lot a permitted use which could not be feasibly established without relief from one or more of the dimensional requirements pertaining to the land use district.

VARIANCE, USE

A variance from the use regulations to allow the establishment on a specific lot of a use otherwise prohibited in the land use district.

WAREHOUSE

A building used primarily for the storage of goods and materials by the owner of the goods or operated for a specific commercial establishment or group of establishments in a particular industrial or economic field.

WAREHOUSE, SELF-STORAGE

Structures or fully screened open areas divided into self storage spaces that are rented to rental space tenants on a monthly basis.

WHOLESALE BUSINESS

Establishments engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users; to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.

WORKFORCE HOUSING

Housing which when purchased shall use no more than 30% of the home buyer's family income for principal, interest, taxes and insurance as determined by U.S. Department of Housing and Urban Development median income for Columbia County. For example, if median income is determined to be $50,000 a workforce housing unit would cost the family no more than $15,000 in principal, interest, taxes and insurance annually or $1,250 per month.

YARD

An open space on the same lot, plot or parcel of land, with a building or building group lying between the closest point of the front, rear or side wall of a building and the nearest lot line, unoccupied and fully open to the sky, except as otherwise provided by the specific provisions of this chapter.

YARD, FRONT

A yard extending across the principal street side (i.e., front lot line) of a lot measured between the side yard lines, the depth of which yard is the minimum horizontal distance between the street line and the main building.

YARD, REAR

A yard extending across the full width of a lot measured between the side lot lines and being the minimum horizontal distance between the rear lot line and the rear of the principal building.

YARD, SIDE

A yard between any lot line, other than the street line or rear lot line, and a line drawn parallel thereto and between the front and rear yards.

ZONING BOARD OF APPEALS

The Zoning Board of Appeals of the Town of Stockport, as provided for in Article IX.

[1] Editor's Note: See Ch. 53, Building Construction and Fire Prevention.