This chapter shall be known and may be cited
as the "Village of Yorkville Zoning Ordinance of April 7, 1970," as
revised.
The provisions of this chapter shall be held
to be the minimum requirements adopted to promote the health, safety
and general welfare of this community. Such requirements are deemed
necessary for the following purposes:
A.Â
Promote orderly development: to protect the character
and maintain the stability of residential, business and manufacturing
areas within the Village and to promote the orderly and beneficial
development of such areas.
B.Â
Regulate intensity of use: to regulate the intensity
of use of zoning lots and to determine the area of open space surrounding
buildings to provide adequate light and air, privacy and convenience
of access to property and to protect the public health.
C.Â
Regulate location of buildings: to establish building
lines and the location of buildings designed for residential, commercial,
manufacturing or other uses within such lines.
D.Â
Establish standards of development: to fix reasonable
standards to which buildings or structures shall conform.
E.Â
Prohibit incompatible uses: to prohibit uses, buildings
or structures which are incompatible with the character of development
or the permitted uses within specified zoning districts.
F.Â
Regulate alterations of existing buildings: to regulate
such additions to and alterations or remodeling of existing buildings
or structures as would not comply with the restrictions and limitations
imposed hereunder.
G.Â
Limit congestion in streets: to limit congestion in
the public streets and so protect the public health, safety, convenience
and general welfare by providing for off-street parking of automobiles
and for the loading and unloading of commercial vehicles.
H.Â
Protect against hazards: to provide protection against
fire, explosion, noxious fumes and other hazards in the interest of
the public health, safety, comfort and the general welfare.
I.Â
Conserve taxable value of land: to conserve the taxable
value of land and buildings throughout the Village.
A.Â
Word usage. For the purpose of this chapter, certain
terms or words used herein shall be interpreted as follows:
(1)Â
Words used in the present tense shall include the
future. The singular number includes the plural, and the plural, the
singular.
(2)Â
The word "person" includes a firm, association, partnership,
trust, company or corporation as well as an individual.
(3)Â
The word "lot" includes the word "plot" or "parcel."
(4)Â
The word "building" includes the word "structure."
(5)Â
The word "used" or "occupied," as applied to any land
or building, shall be construed to include the words "built, arranged
or designed to be used or occupied."
(6)Â
The word "shall" is mandatory.
B.Â
ACCESSORY BUILDING
ACCESSORY USE
ADDITION
ADULT ENTERTAINMENT ESTABLISHMENT
(1)Â
(2)Â
(3)Â
ADULT-ORIENTED BUSINESS
ADULT-ORIENTED PRODUCT
ADULT-ORIENTED SERVICE
ALLEY
ALTERATION
ANTENNA
ANTENNA ARRAY
AUTO BODY SHOP
AUTO SALVAGE
AUTO WASH
(1)Â
(2)Â
(3)Â
BASEMENT/CELLAR
BED-AND-BREAKFAST ESTABLISHMENT
BUILDING
BUILDING AREA
BUILDING COVERAGE
BUILDING, DETACHED
BUILDING FLOOR AREA
BUILDING, HEIGHT OF
BUILDING LINE
BUILDING, PRINCIPAL
CELLAR
CHANGEABLE COPY SIGN, ELECTRONIC
CHILD DAY-CARE CENTER
COMMUNICATIONS TOWER
CONVENIENCE STORE
DENSITY
DISH ANTENNA
DRIVE-IN RESTAURANT or REFRESHMENT STAND
DRIVEWAY
DUMP
DUMPSTER
DWELLING
DWELLING, MULTIPLE-FAMILY
DWELLING, ONE-FAMILY
DWELLING, TWO-FAMILY
DWELLING UNIT
ELECTRONIC GRAPHIC DISPLAY SIGN
FAMILY
GARAGE, PRIVATE
GARAGE, PUBLIC
GARAGE, STORAGE
GASOLINE STATION
HOME OCCUPATION
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
HOSPITAL
HOSPITAL, ANIMAL
HOTEL or MOTEL
JUNK
JUNKYARD, AUTOMOBILE
JUNKYARD, DOMESTIC
JUNKYARD, GENERAL
LAUNDERETTE
LOT
LOT, AREA OF
LOT, CORNER
LOT DEPTH
LOT, INTERIOR
LOT LINES
(1)Â
(2)Â
(3)Â
LOT, THROUGH
LOT WIDTH
MANUFACTURED HOME
MIXED OCCUPANCY
MOBILE HOME
MOBILE HOME PARK
MODULAR DWELLING UNIT
MODULAR HOME
NONCONFORMING BUILDING OR USE
NONCONFORMING LOT
NONCONFORMING USE
NONCONFORMING USE, LEGAL
NURSERY SCHOOL
NURSING HOME
PARKING SPACE
PLANNED DEVELOPMENT DISTRICT
RECREATION VEHICLE
REPAIR
SIGN
SIGN, ADVERTISING
SIGN, BUSINESS
SIGN, FLASHING
SPECIAL EXCEPTION
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
STORY
STORY, HALF
STREET
STRUCTURAL ALTERATION
STRUCTURE
SWIMMING POOL
TAVERN
THEATER, OUTDOOR
TRAILER CAMP
TRAVEL TRAILER
USED CAR SALES
VARIANCE
YARD, FRONT
YARD, REAR
YARD, SIDE
Terms defined. As used in this chapter, the following
terms shall have the meanings indicated:
A building subordinate to the principal building on a lot
and used for purposes customarily incidental to those of the principal
building.
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use
or building.
An extension or increase in floor area, number of stories
or height of a building or structure.
[Added 9-4-2012 by L.L. No. 4-2012]
Any establishment having operations or merchandise depicting
or relating to specified sexual activity or specified anatomical areas
defined below, for purchaser observation by patrons therein. The following
applies for the purpose of this definition:
[Added 9-4-2012 by L.L. No. 4-2012]
A SUBSTANTIAL OR SIGNIFICANT PORTIONMore than 20% of an establishment's gross sales or more than 20% net floor area.
SPECIFIED SEXUAL ACTIVITYHuman genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse or sodomy; fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
SPECIFIED ANATOMICAL AREASLess than completely and opaquely covered human genitals, pubic region or human male genitals in a discernibly turgid state, whether or not covered.
Any business offering for sale, lease or hire products, materials
or inventory, the majority of which consists of adult-oriented products,
or any business that provides any adult-oriented services.
[Added 9-4-2012 by L.L. No. 4-2012]
Anything which depicts, describes, presents or displays human
nudity, humans engaging in sexual foreplay or intercourse and appearing
to have at least a significant motivation for such depiction, presentation
or display the sexual stimulation or sexual gratification of the consumer
of same. Also included within this definition is any object which
is intended or may be used by the consumer for purposes of sexual
stimulation or gratification. Movies having received an R or PG-13
rating, or literary equivalent of same, shall not be considered adult-oriented
products.
[Added 9-4-2012 by L.L. No. 4-2012]
Any action performed, for consideration, by one or more persons
to or for the benefit of another person or persons where at least
one motivation for such action is the sexual stimulation or gratification
of either the performer or the recipient.
[Added 9-4-2012 by L.L. No. 4-2012]
A service way which affords a secondary public means of vehicular
access to abutting property.
Any construction or renovation to an existing structure other
than repair or addition.
[Amended 9-4-2012 by L.L. No. 4-2012]
Exterior apparatus designed for transmitting and/or receiving
communications signals through electromagnetic waves, digital signals,
analog signals, radio frequencies (excluding radar) or any form of
wireless telecommunications signal, including radio television, telephone,
microwave, cellular and PCS signals.
[Added 9-4-2012 by L.L. No. 4-2012]
A set of interconnected antennas installed on one tower by
one telecommunications provider that receive and/or transmit one type
of telecommunications signal.
[Added 9-4-2012 by L.L. No. 4-2012]
Any area for repair or alteration of the frame or body of
automobiles. No more than three uninspected, unregistered motor vehicles
shall be on site at a given time.
The dismantling of used or wrecked motor vehicles for the
purpose of storage and sale of their salvaged parts. As used herein,
the term "motor vehicle" shall mean automobile, truck, tractor truck,
bus, motorcycle, snowmobile or any other self-propelled vehicle. Said
business shall be confined within a building approved for such use
by the Codes Officer. Outside work on, or storage of, any vehicle
shall be prohibited.
[Added 9-4-2012 by L.L. No. 4-2012]
A building or portion thereof, the use of which is devoted
to the washing of automobiles, including but not limited to one of
the following types:
CONVEYOR-TYPEAn auto wash facility where automobiles progress through the washing process pulled by an electrically operated chain conveyor or by some means other than their own power.
DRIVE-THROUGH-TYPEAn auto wash facility where automobiles are driven through the washing process under their own power.
SELF-SERVICE-TYPEAn auto wash facility where automobiles are washed by the drivers of the automobiles, using machinery provided by the manager of the facility.[1]
A space of full story height partly below grade and having
at least 1/2 of its clear height, floor to ceiling, above average
grade of the adjoining ground and which is not designed to be used
primarily for year-round living accommodations.
[Amended 9-4-2012 by L.L. No. 4-2012]
An owner-occupied single-family detached dwelling where one
to five rooms are rented to overnight guests. A bed-and-breakfast
establishment may operate year-round; however, the length of stay
for any overnight guest shall not exceed one continuous week. Meals,
if offered, are only to registered overnight guests. All bed-and-breakfast
establishments must conform to New York State and local codes.
[Added 9-4-2012 by L.L. No. 4-2012]
Any roofed structure intended for the shelter, housing or
enclosure of persons, animals or property. When a building is divided
into separate parts extending from the ground up, each part so divided
is deemed a separate building.
The total ground-floor area of a principal building and accessory
buildings, exclusive of uncovered porches, parapets, steps and terraces.
That area of the lot or plot covered by a building.
A building surrounded by open space on all sides on the same
lot.
The sum of the gross horizontal area of the several floors
of a building and its accessory buildings on the same lot, including
basement areas devoted to residential occupancy and the area of bays,
dormers, roofed porches and roofed terraces. All dimensions shall
be measured between exterior faces of walls.
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof for flat roofs, to the deckline of mansard
roofs and to the mean height between eaves and ridges for gable, hip
and gambrel roofs.
A line established by legal variance, usually parallel with
a property line, beyond which a structure may not nor its extension
protrude.
[Amended 9-4-2012 by L.L. No. 4-2012]
A building in which the main use of the lot is conducted.
That space of a building that is partly or entirely below
grade, which has more than half of its height, measured from floor
to ceiling, below the average established curb level or finished grade
of the ground adjoining the building.
A sign or portion thereof that displays electronic, nonpictorial
text information in which each alphanumeric character, graphic or
symbol is defined by a small number of light-emitting diodes (LEDs),
fiber optics, light bulbs or other different illumination devices
within the display area. Electronic changeable copy signs include
computer-programmable, microprocessor-controlled electronic displays.
Electronic changeable copy signs include projected images or messages
with these characteristics onto buildings or other objects.
[Added 9-4-2012 by L.L. No. 4-2012]
A facility that provides care for any number of preschool-
or school-age children any part of a twenty-four-hour day. All state
licensing requirements are to be met, and all operations are to be
in accordance with New York State Department of Social Services regulations.
Allowed only by special exception by the Zoning Board of Appeals.
[Added 9-4-2012 by L.L. No. 4-2012]
Any structure that supports one or more antennas, including
self-supporting lattice towers, guyed towers, monopole towers and
alternative tower structures, and further includes all base and supports
for the structure of the tower.
[Added 9-4-2012 by L.L. No. 4-2012]
Any retail store offering for sale prepackaged food products,
household items, newspapers and magazines, sandwiches and any other
freshly prepared foods for off-site consumption. Convenience stores
may also include the sale of gasoline, in which case they shall conform
to the requirements for gasoline stations.
[Added 9-4-2012 by L.L. No. 4-2012]
The total number of dwelling units proposed divided by the
total number of acres within the tract.
[Added 9-4-2012 by L.L. No. 4-2012]
Consists of three main components: the antenna itself, often
called a "dish"; a low-noise amplifier (LNA); and a receiver. The
antenna and LNA are generally located outdoors and are connected by
coaxial cable to the receiver, which is usually placed indoors.
Any place or premises used for sale, dispensing or serving
food, refreshments or beverages to persons in automobiles, including
those establishments where customers may serve themselves and may
eat or drink the food, refreshments or beverages on the premises or
those primarily of a pickup or carry-out service nature.
[Amended 9-4-2012 by L.L. No. 4-2012]
That space or area of a lot which is specifically designated
and reserved for the movement of motor vehicles from a lot to a public
street.
A plot of land or part thereof used primarily for the disposal,
by abandonment, dumping, burial, burning or any other means or for
whatever purpose of garbage, sewage, trash, refuse, junk, discarded
machinery, vehicles or parts thereof or waste material of any kind.
A refuse container with the individual capacity of 1.5 cubic
yards [40.5 cubic feet (1.15 m3)] or more.
The user of the container shall schedule collection from the container
so that garbage and other waste materials do not overflow the confines
of the dumpster or restrict the closing of the container's cover.
[Added 9-4-2012 by L.L. No. 4-2012]
Any building that contains one or more dwelling units used,
intended or designed to be to be built, used, rented, leased, let
or hired out to be occupied or that are occupied for living purposes.
[Added 9-4-2012 by L.L. No. 4-2012]
A building or group of buildings designed for year-round
occupancy by more than two families, including apartment houses and
group houses, but excluding hotels and rooming houses.
A detached building, containing a single dwelling unit, other
than a trailer, mobile home or other temporary structure, designed
for exclusive year-round occupancy by one family only.
[Amended 9-4-2012 by L.L. No. 4-2012]
A detached building, other than a trailer, mobile home or
other temporary structure, designed for exclusive year-round occupancy,
containing two dwelling units living independently of each other.
[Amended 9-4-2012 by L.L. No. 4-2012]
A single unit, with provisions for living, cooking, sanitary
and sleeping facilities, arranged for the use of one or more persons.
A factory-finished living unit delivered to the owner's lot in sections
and capable of complying with all applicable local and state building
codes shall be deemed to be a dwelling unit.
[Amended 9-4-2012 by L.L. No. 4-2012]
A sign or portion thereof that displays electronic static
images, static graphics and static pictures, with or without text
information, defined by a small number of matrix elements using different
combinations of light-emitting diodes (LEDs), fiber optics, light
bulbs or other illumination devices within the display area where
messages change sequence, accomplished immediately or by means of
fade, repixelization or dissolve mode. Electronic graphic signs include
computer-programmable, microprocessor-controlled electronic or digital
displays. Electronic graphic display signs include projected images
or messages with these characteristics onto buildings or other objects.
[Added 9-4-2012 by L.L. No. 4-2012]
One or more persons related by blood or marriage or other
recognized family relationship maintaining a common household.
The accessory structure associated with dwelling units used
primarily for the storage of one or more motor vehicles, provided
that no business, occupation or service is conducted for profit therein
nor space therein leased to a nonresident of the premises.
[Amended 9-4-2012 by L.L. No. 4-2012]
A building or part thereof operated for gain and used for
the storage, hiring, greasing, servicing or repair of automobiles
and smaller motor vehicles, but not including body and fender repair
and the repair of heavy equipment.
A building or part thereof used only for the storage of vehicles
for gain and at which automobile fuels and oils are not sold and motor-driven
vehicles are not equipped, repaired, hired or sold.
Any area of land, including structures thereon, that is used
or designed to be used for the sale of gasoline or oil or other motor
vehicle fuel and which may include facilities for lubricating, washing,
cleaning or otherwise servicing motor vehicles, but not including
the painting or major repair thereof. The term "gasoline station"
shall be deemed to include filling stations and service stations.
Any use customarily conducted entirely within a dwelling
or its accessory buildings and carried on only by the inhabitants
thereof, which use is clearly incidental to the use of the dwelling
as a place of residence, and not more than 25% of the floor area of
the dwelling unit is used in the conduct of the home occupation; and
further provided that no article is sold or offered for sale except
as may be produced by the immediate family residing therein.
In particular, a home occupation includes but
is not limited to the following: a professional office of a physician,
dentist, lawyer, engineer, surveyor, architect or other similar profession;
an art or photographic studio; a dressmaker or seamstress; teaching
of musical instruments limited to one pupil at a time; and a barbershop
or beauty shop operated only by a resident of the premises and in
which no nonresidents are employed or engaged.
However, a home occupation shall not be interpreted
to include a barbershop or beauty parlor or other use in which nonresidents
of the premises are employed or engaged; a commercial stable or kennel;
a restaurant; a tourist house or boardinghouse; an animal hospital;
a convalescent home; a mortuary establishment; and stores, trades
or businesses of any kind not herein excepted.
There shall be no change in the outside appearance
of the building or premises or other visible evidence of the conduct
of such home occupation other than one sign, not exceeding one square
foot in area, nonilluminated and mounted flat against the wall of
the principal building.
No traffic shall be generated by such home occupation
in greater volume than would normally be expected in a residential
neighborhood, and any need for parking generated by the home occupation
shall be provided off the street and not in a required front yard.
No equipment or process shall be used in such
home occupation which creates noise, vibration, glare, fumes, odors
or electrical interference detectable to the normal senses off the
lot, and in the case of electrical interference, no equipment or process
shall be used which creates visual or audible interference in any
radio or television receivers off the premises or causes fluctuations
in line voltage off the premises.
A building or structure for the diagnosis and medical or
surgical care of human sickness or injuries, including facilities
for the temporary housing of patients.
A building or structure for the diagnosis and medical or
surgical care of sick or injured animals, including facilities for
the temporary housing of such animals.
A building or group of buildings where transient guests are
lodged for hire, but excluding rooming houses.
Any worn, cast-off, discarded or waste material, including,
but not limited to, unlicensed vehicles, machinery and equipment ready
for destruction or which has been collected for salvage or conversion
to some use.
[Added 9-4-2012 by L.L. No. 4-2012]
Any place of storage or deposit, whether in connection with
another business or not, where two or more unregistered, old or secondhand
motor vehicles no longer intended or in condition for legal use on
the public highways are held, whether for the purpose of resale of
used parts therefrom, for the purpose of reclaiming for use some or
all of the materials therein, whether metal, glass, fabric or otherwise,
for the purpose of disposing of the same or for any other purpose.
Such term shall include any place of storage or deposit for any such
purpose of used parts or waste materials from motor vehicles which,
taken together, equal in bulk two or more such vehicles; provided,
however, that the term "junkyard" shall not be construed to mean an
establishment having facilities for processing iron, steel or nonferrous
scrap and whose principal produce is scrap iron, steel or nonferrous
scrap for sale for remelting purposes.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A lot, land or structure, or part thereof, used for the collection
or storage of any cast-off discarded material, including but not limited
to one unlicensed vehicle no longer intended for use on the public
highway, used equipment or machinery unfit for use and ready for destruction
which has been collected for salvage for conversion to some other
use. See "auto salvage" as defined in this chapter.
[Added 9-4-2012 by L.L. No. 4-2012]
A lot, land or structure or part thereof used for the collection,
storage and sale of wastepaper, rags, scrap metals, used or salvaged
building materials or other discarded material or for the collecting,
dismantling, storing and salvaging of machinery or vehicles and for
the sale of the parts thereof.
A business premises equipped with individual clothes-washing
or -cleaning machines for use by retail customers, exclusive of laundry
facilities provided in an apartment, fraternity, sorority, residential
hotel or club.
A parcel of land considered as a unit, occupied or capable
of being occupied by a building or use and accessory buildings or
uses or by a group of buildings united by a common use or interest,
and including such open spaces as are required by this chapter and
having its principal frontage on a public street or an officially
approved place.
The total area included within lot lines. No part of the
area within a public right-of-way may be included in the computation
of lot area.
A lot located at the intersection of and fronting on two
or more intersecting streets and having an interior angle at the corner
of the intersection of less than 135°.
The mean horizontal distance between the front and rear lot
lines, measured in the general direction of the side lot lines.
A lot other than a corner lot.
The property lines bounding the lot.
FRONT LOT LINEThe lot line separating the lot from the street right-of-way.
REAR LOT LINEThe lot line opposite and most distant from the front lot line.
SIDE LOT LINEAny lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a "side street lot line."
A lot having frontage on two approximately parallel or converging
streets, other than a corner lot.
The distance between side lot lines measured parallel to
the front lot line at a distance from the front lot line equal to
the front yard specified for the district
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 3280, 4-1-1993, transportable in one
or more sections, which in traveling mode is eight feet (2,438 mm)
or more in width or 40 feet (12,192 mm) 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
apply to any structure that meets all requirements of this definition
except size requirements and with respect to which the manufacturer
voluntarily files a certification required by HUD and complies with
the Manufactured Housing Construction and Safety Act of 1974,[3] as amended. The term "manufactured home" shall not include
any self-propelled recreational vehicle.
[Added 9-4-2012 by L.L. No. 4-2012]
Occupancy of a building or premises part for one use and
part for some other use not customarily accessory to the first.
[Added 9-4-2012 by L.L. No. 4-2012]
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 traveling mode, is eight feet (2,438 mm) or more in width
or 40 feet (12,192 mm) 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 required utilities and includes plumbing,
heating, and air-conditioning and electrical systems contained therein.
The term "mobile home" shall not include travel trailers or self-propelled
recreational vehicles.
[Amended 9-4-2012 by L.L. No. 4-2012]
Any area which has been planned and improved with provisions
for utilities and sanitary service for the placement of two or more
mobile homes.
A residential dwelling unit consisting of component parts
manufactured off site which must be transported to the building site
separately for erection, construction or installation as a permanent
structure. Modular homes differ from mobile homes in that the former
must be installed on a site-built permanent foundation, are not designed
to be moved or transported once installed on the foundation and have
been certified by the U.S. Department of Housing and Urban Development
as modular housing units.
[Added 9-4-2012 by L.L. No. 4-2012]
A factory-manufactured dwelling unit, conforming to applicable
provisions of this Code and bearing the insignia of approval issued
by the State Fire Prevention and Building Code Council which is constructed
by a method or system of construction whereby the components are wholly
or in part manufactured in a manufacturing facility, intended or designed
for permanent installation or assembly and permanent installation.
[Amended 9-4-2012 by L.L. No. 4-2012]
Use of a building or of land that does not conform to the
regulations for the district in which it is situated.
A lot that does not meet the size or dimension standards
for the zoning district in which it is located.
[Amended 9-4-2012 by L.L. No. 4-2012]
The use of land or a building that is located in a zoning
district that no longer allows that use.
[Added 9-4-2012 by L.L. No. 4-2012]
A use that was started or built prior to the adoption of
the regulation that now makes it nonconforming.
[Added 9-4-2012 by L.L. No. 4-2012]
Facilities for the daytime care or instruction of two or
more children from two years to five years old, inclusive, and operated
on a regular basis.
A facility for the accommodation of convalescents or other
persons who require skilled nursing care and related medical services
which are prescribed by or performed under the direction of a person
or persons licensed to provide such care or services in accordance
with the laws of the State of New York.
An off-street space available for the parking of one motor
vehicle and having an area of not less than 180 square feet, exclusive
of passageways and driveways thereto.
A tract of land in single ownership or controlled by an individual,
partnership, cooperative or corporation, designed or capable of being
designed and used as a unit or group of related units and having certain
facilities in common, such as yards, open space, recreation areas,
garages or parking areas. A "planned development district" may be
residential, commercial, industrial, recreational or a combination
of such uses.
A mobile recreation unit, including travel trailers, motor
homes, pickup campers, converted buses, tent trailers, tents or similar
devices used for temporary portable housing.
The restoration to good and sound condition of any part of
an existing building for the purpose of its maintenance.
[Added 9-4-2012 by L.L. No. 4-2012]
Any device affixed to or painted or represented directly
or indirectly upon a building, structure or land and which directs
attention to an object, product, place, activity, person, institution,
organization or business. Each display surface shall be considered
to be a sign.
A sign which directs attention to a business, commodity,
service or entertainment sold or offered elsewhere than upon the premises
where such sign is located or to which it is affixed and only incidentally
on the premises, if at all.
A sign which directs attention to a business or profession
conducted or a commodity, service or entertainment sold or offered
upon the premises where such sign is located or to which it is affixed.
A "for sale" or "to let" sign relating to the lot on which it is displayed
shall be deemed to be a business sign.
Any illuminated sign on which the artificial light is not
maintained stationary or constant in intensity and color when such
sign is in use. For the purpose of this chapter, any revolving illuminated
sign shall be considered a flashing sign.
A use that would not be appropriate generally or without
restriction throughout the zoning district but which, if controlled
as to number, area, location or relation to the neighborhood, would
promote the public health, safety, welfare, morals, order, comfort,
convenience, appearance, prosperity or general welfare. Such uses
may be permitted in a certain zoning district as a special exception
if specific provision for such special exception is made in this chapter.
A plan for controlling stormwater runoff and pollutants from a site during and after construction activities in accordance with Chapter 114, Stormwater Management.
[Added 11-5-2007 by L.L. No. 4-2007]
That portion of a building included between the surface of
any floor and the surface of the floor next above it or, if there
is no floor above it, then the space between any floor and the ceiling
next above it.
That part of a building between a pitched roof and the uppermost
full story and having a floor area at least half as large as the floor
below. Space with less than five feet of clear headroom shall not
be considered as floor area.
A public or private way which affords the principal means
of access to abutting property.
Any change in the supporting members of a building, such
as bearing walls, columns, beams or girders.
Anything constructed or erected, the use of which required
location on the ground or attachment to something having location
on the ground.
Any structure, basin, chamber or tank which is intended for
swimming, diving, recreational bathing or wading and which is capable
of containing water more than 24 inches (610 mm) deep at any point.
This includes in-ground, aboveground and on-the-ground pools; indoor
pools; hot tubs; spas; and fixed-in-place wading pools.
[Added 9-4-2012 by L.L. No. 4-2012]
An establishment used primarily for the serving of alcoholic
beverages by glass to the general public and where food or packaged
liquors may be served or sold only as accessory to the primary. Taverns
do not include liquor stores.
[Added 9-4-2012 by L.L. No. 4-2012]
An open lot or part thereof, with its appurtenant structures
and facilities, devoted primarily to the showing of motion pictures
or theatrical productions on a paid-admission basis.
An area occupied or designed for occupancy by two or more
travel trailers.
A unit for an individual or a family group designed for highway
transportation behind or on top of another vehicle, which travel unit
provides partial housekeeping facilities for short-time outdoor living.
Any area of land, including the structures thereon, that
is used for the wholesale or retail sale or exchange of used cars.
When the sale of used cars is affiliated with a new car dealership
and is located on the same premises as the dealership, the term "used
car sales" shall not apply.
A modification of the terms of this chapter where such variance
will not be contrary to the public interest and where, owing to conditions
peculiar to the property and not the result of the actions of the
applicant, a literal enforcement of the chapter would result in unnecessary
and undue hardship. As used in this chapter, a variance is authorized
only for height, area and size of structures or size of yards and
open spaces. Establishment or expansion of a use otherwise prohibited
shall not be allowed by variance, nor shall a variance be granted
because of the presence of nonconformities in the zoning district
or uses in an adjoining zoning district.
An open space extending across the principal street side
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 or any projection thereof, other than steps and
unenclosed balconies not extending more than eight feet from the front
of the building, except as otherwise provided in this chapter.
An open space extending across the rear 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 or
any projection thereof, other than steps and unenclosed balconies
not extending more than eight feet from the rear of the building,
except as otherwise provided in this chapter. On both corner and interior
lots, the rear yard shall in all cases be at the opposite end of the
lot from the front yard.
An open space from the front yard to the rear yard between
the building and the nearest side lot line unoccupied and unobstructed
from the ground upward, except for steps and as otherwise specified
in this chapter.
[1]
Editor's Note: The former definition of "auto wrecking," which
immediately followed, was repealed 9-4-2012 by L.L. No. 4-2012.
[2]
Editor's Note: This local law also repealed the former definition
of "driveway, residential," added 5-17-2011 by L.L. No. 3-2011 and
amended 9-4-2012 by L.L. No. 4-2012, which immediately followed this
definition.
[3]
Editor's Note: See 42 U.S.C. § 5401 et seq.
