The following terms whenever used in this chapter shall have
the meanings as set forth below. Any such terms used in the singular
shall be held to include the plural. Any such terms or any other terms
not defined in this section used in the masculine shall be held to
include the feminine. In this chapter, any references to a governmental
agency, official, or entity, shall also include any subsequent name
designation, successors in interest or in jurisdiction. Terms used
in this chapter and not herein defined shall be interpreted to have
their commonly understood meaning.
ACCESSORY DWELLING UNIT
A residential dwelling unit, located on the same lot as a
single-family dwelling unit, either within the same building as the
single-family dwelling unit or in a detached building. An accessory
dwelling unit shall have one or more rooms with provisions for living,
cooking, sanitary and sleeping facilities. A travel trailer or manufactured
home shall not be considered an accessory dwelling. Any dwelling unit
having an attached accessory dwelling and served by separate utility
meters from the primary dwelling unit shall be considered by the Town
to be a duplex.
ACCESSORY STRUCTURE
A structure subordinate to the principal use of a lot, or
of a principal building on the same lot, and serving a purpose clearly
incidental to a permitted principal use of the lot or of the building
and which accessory structure is compatible with the principal permitted
uses or structures authorized under zoning regulations applicable
to the property.
ACCESSORY USE
A use customarily incidental to the principal use or occupancy
of a building. In a multiple-family dwelling, such accessory uses
may include, among others, the following: offices for the building
management; dining rooms, banquet rooms, public kitchens, and ballrooms;
recreation and play rooms; laundries for the use of tenants and occupants,
and in connection with the management and operation of the multiple
dwelling; maintenance and work shops, storage rooms for linen, bedding,
furniture, supplies and tenants' equipment and effects; rooms or space
for the incidental sale or display of merchandise to occupants and
tenants, such as newspaper, candy and cigar stands; and garages within
the multiple dwellings or on the premises thereof used primarily for
the storage of passenger-type motor vehicles.
AGRICULTURAL DISTILLERY
Includes any premises located on a farm where liquor is manufactured
primarily from farm and food products and sold. A not insignificant
portion of the production shall consist of agricultural products produced
on the farm. Such use shall conform with applicable New York State
rules, regulations, and licensing requirements.
AGRICULTURAL PROCESSING PLANT
A facility used for the cooking, dehydrating, refining, bottling,
canning, or other treatment of agricultural products, which may change
the naturally grown product for consumer use. May include warehousing,
cold storage and packaging as secondary uses.
AGRICULTURAL PRODUCE STAND
A detached accessory structure or portable or seasonally
temporary stand, typically open-air, to sell seasonal agricultural
fruits, vegetables, and to a lesser degree minimally processed agricultural
goods. Sales floor area, storage areas, and offices shall comprise
together no more than 350 square feet. Minimally processed agricultural
goods include but are not limited to items such as jams, jellies,
pickles, sauces, relishes, cheese, dairy, yogurts, and baked goods.
Floor area dedicated to sales for nonagricultural goods shall not
exceed 20% of the sales floor area.
AGRICULTURAL PRODUCTS
Any agricultural commodity including animals, plants, fungi,
foods, fiber, and water resources whether raw or processed for human
or livestock consumption.
AGRICULTURAL SERVICES
A use primarily engaged in the sale or rental of farm tools
and implements, feed, grain, tack, animal care products, and farm
supplies. This definition excludes the sale of large implements, such
as tractors and combines, but includes sales incidental to the primary
use such as food sales and farm machinery repair services.
AGRICULTURAL WASTE
Waste and by-products arising on farms consisting of organic
matter such as manure, slurry, silage effluent and crop residues and
non-organic materials.
ALLEY
A public way, which affords generally a secondary means of
vehicular access to abutting property.
ANIMAL HUSBANDRY
A branch of agriculture for the raising or nurturing and
management of animals including breeding, pasturing and ranching.
ANIMAL POUND OR SHELTER
Any structure or premises in which animals are kept, boarded,
bred or trained for commercial gain or pursuant to the mission of
"caring for domestic animals not having any apparent ownership or
displaced by some means."
APARTMENT
A building or portion thereof, designed for residential occupancy
by three or more families living independently of each other.
APPLICANT
Any person seeking from the Town an official review, approval,
permit, or other authorization to conduct activities pursuant to this
chapter.
AQUACULTURE
The production of aquatic plants or animals under controlled
conditions for harvesting and processing into food for human consumption.
AREA, BUILDING
The total area measured on a horizontal plane at the main
grade level of principal buildings and all accessory buildings, exclusive
of uncovered porches, parapets, steps and terraces.
AUTO DEALERSHIP
Any establishment that sells or leases new or used automobiles,
trucks, vans, trailers, recreational vehicles, boats, or motorcycles
or other similar motorized transportation vehicles. An automobile
dealership may maintain an inventory of the vehicles for sale or lease
on-site or at a nearby location and may provide on-site facilities
for the repair and servicing of the vehicles sold or leased by the
dealership.
AUTOBODY AND PAINT SHOP
A facility which provides repair services for collision and
other repairs to the auto body including body frame straightening,
replacement of damaged parts, undercoating, and painting. Such repairs
does not include mechanical engine or power train repair.
BAKERY, RETAIL
An establishment primarily engaged in the retail sale of
baked products for consumption on and off site. The products may be
prepared either on or off site. Such use may include incidental food
service.
BAKERY, WHOLESALE
A bakery primarily engaged in the production and/or wholesaling
of baked goods, with or without over-the-counter retail dispensing
of baked goods.
BANK, SAVINGS, OR LOAN INSTITUTION
A financial institution that is open to the public and engaged
in deposit banking, and that performs closely related functions such
as making loans, investments, and fiduciary activities.
BED-AND-BREAKFAST
Any establishment, typically in the style of a single-family
dwelling or homestead, that provides overnight, temporary lodging
and breakfast for guests. Such establishments shall not have more
than eight lodging rooms for rental and shall be available for rental
no less than 30 nights in twelve-month period. Meals other than breakfast
shall not be provided as a service with this use.
BIOFUEL GENERATION
The production or harvesting of agricultural raw materials
and other biomass for eventual conversion into a fuel commodity or
for use in an on-site co-generation facility. This shall exclude wood
harvesting for personal heating uses unrelated to primary commercial
or agricultural uses on-site.
BOARDING HOUSE
A dwelling or building other than a hotel or motel where
more than two but less than 15 rooms are used, rented, or hired out
for sleeping purposes, typically on a long-term basis, and where meals
may be provided by the owner or operator to such guests.
BUILDING
A structure wholly or partially enclosed within exterior
walls, or within exterior and party walls, and a roof, affording shelter
to persons, animals or property.
BUILDING COVERAGE
The percentage of the lot area covered by the building area.
See "area, building."
BUILDING HEIGHT
The vertical distance measured from the average level of
the finished ground surface across the front of the building to the
highest point of the roof for flat roofs, to the neckline of mansard
roofs and to the mean height between eaves and ridge for gable, hip
and gambrel roofs.
BUILDING LINE
The line or setback established by law, ordinance or regulation,
beyond which no part of a building, other than parts expressly permitted,
shall extend.
BUSINESS SERVICE
Establishments primarily engaged in rendering services to
business establishments on a fee or contract basis; such as advertising
and mailing, building maintenance, employment service, management
and consulting services, protective services, equipment and rental
and leasing, commercial research development and testing, photo finishing
and personal supply services.
CAR WASH
Mechanical facilities for the washing, waxing, and detailing
of private automobiles, light trucks and vans, but not commercial
fleets, as an accessory use to an automobile service station.
CHURCH
A building or structure or groups of buildings or structures
which by design and construction are primarily intended for the conducting
of organized religious services and accessory uses associated therewith.
Church shall be synonymous with "place of worship."
CO-GENERATION
A privately owned non-utility installation that generates
or harnesses heat, electricity, or gas from waste or by-products generated
from principal agricultural uses on site and which energy is used
to operate all or a portion of principal on-site uses. Such facility
shall operate as an accessory use for purposes of this chapter. Unused
electricity generated through co-generation on the site may be supplied
consistent with applicable law to an off-site electric grid.
CODE ENFORCEMENT OFFICER
The officer charged with enforcement of building or fire
codes. It is also referred to by its acronym, CEO.
COMMERCIAL EXTRACTION
The extraction of earth materials for commercial purposes
such as gravel pits, rock quarrying, subsoil removal, and/or removal
of such materials for sale, (other then what might be required for
the erection of buildings or related to an allowed agricultural use).
COMMERCIAL FUEL SALES AND STORAGE
An establishment, which provides the sales, storage, and
distribution of liquid or gas fuels as its principal service. On-site
storage of fuel may mean either above or below ground. The term shall
not be construed to mean a gasoline service station as otherwise defined
herein. The sale of portable fuel tanks or the storage of fuel for
commercial or institutional vehicle fleets shall not cause such business
to be classified as a commercial fuel sales and storage facility,
if only such fuel is sold or stored in a manner that is clearly incidental
to the primary on-site business.
COMMON AREAS
Areas of property that are used by all owners or tenants.
COMMUNITY RESIDENCE
Any residence, facility, place or building which is maintained
and operated to provide non-medical residential care, day care for
children, adults or children and adults, including but not limited
to the physically handicapped, mentally impaired, or incompetent persons,
developmentally disabled, mentally disordered children and adults,
court wards and dependents, neglected or emotionally disturbed children,
alcohol or drug-addicted children or adults, battered adults or children,
and aged persons.
CONDOMINIUM
A system of ownership of individual units in a multiunit
structure, combined with joint ownership of commonly used property
such as sidewalks, hallways, stairs, etc. For the purposes of Planned
Unit Developments, each dwelling unit shall be counted separately.
CONSERVATION EASEMENT, OPEN SPACE (OSCE)
A conservation easement created and subject to the conditions
of this Conservation Subdivision Article of this chapter and which
is limited to all lands designated by the applicant as protected open
space.
CONVENIENCE STORE
A small retail establishment containing less than 5,000 square
feet of gross floor area and that is usually located within or associated
with another use, that offers for sale convenience goods, such as
prepackaged food items, tobacco, periodical, and a limited selection
of customary household goods. Such stores are designed to attract
and depend upon a large volume of stop and go traffic.
COOPERATIVE
A multiple-family dwelling owned and maintained by the residents.
The entire structure and real property is under common ownership as
contrasted to a condominium dwelling where individual units are under
separate individual occupant ownership.
DEVELOPER
Any individual, firm, association syndicate, copartnership,
corporation, trust, or any other legal entity commencing proceedings
under these regulations to bring about development for the individual
or another.
DIAMETER AT BREAST HEIGHT
The forestry practice of measuring tree trunk diameter at
a point on the tree 4.5 feet above the ground as measured from the
downhill point of the trunk.
DUPLEX
A building designed as a single structure, containing two
separate living units, each of which is designed for occupancy as
a separate permanent residence for one family.
DWELLING UNIT
One or more rooms with provision for living, cooking, sanitary
and sleeping facilities arranged for the use of one family.
EDUCATIONAL USE
An institution or enterprise dedicated primarily to education
and which does not meet the definition of school, herein. Educational
use may refer to, among others, business education program, evening
schools, trade schools, universities, colleges, and art schools.
FAMILY
One or more persons occupying a dwelling unit and living
as a single nonprofit housekeeping unit.
FAMILY DAY CARE
A residence in which day care is provided on a regular basis
for more than three hours per day per child for three to six children,
with or without compensation. This does not include "family care,"
"nursery school," or "day camp" as defined by the New York State Sanitary
Code, a school program operated for the primary purpose of religious
education, or a facility operated by a public school district.
FARM
A parcel or tract of land which is used for the production
or raising of agricultural products, inclusive of crops, livestock,
and livestock products as defined in Article 25AA of the New York
State Agriculture and Markets Law, except where such production is
an accessory and noncommercial garden to a principle residential use
on the same lot.
FARM WINERY
A wine production facility located on a farm which also produces
grapes for such wine production. A not insignificant portion of the
production shall consist of agricultural products produced on-site.
Such use shall conform with applicable New York State rules, regulations,
and licensing requirements.
FENCE
A barrier, stockade or other structure constructed of wood,
brick, wire or other material intended for use as a boundary or means
of protection, concealment, or confinement.
FULLY SHIELDED LIGHT FIXTURES
Light fixtures constructed so that all light emitted by the
fixture, either directly from the lamp or a diffusing element, or
indirectly by reflection or refraction from any part of the fixture,
is projected below the horizontal as measured at the base of the shielding
elements.
FUNERAL HOME
A building used for the preparation of the deceased for burial
and display of the deceased and rituals connected therewith before
burial or cremation. A funeral home as defined for purposes of this
code, includes a funeral chapel.
GARAGE, COMMERCIAL PARKING
A building or portion thereof used primarily for the parking
and storage of vehicles and made available for use by the general
public and where a fee may or may not be charged for the temporary
parking of vehicles. Garages having fewer than 25 parking spots and
that are restricted to use solely for its owner or its lessee and
their employees and customers and by that reason is made unavailable
to the general public, shall be considered an accessory use.
GARAGE, SERVICE AND REPAIR
An enclosed building for indoor repair of motor vehicles,
including painting and sale of parts and accessories. A "junkyard"
or "auto salvage yard" is not be construed as a garage.
GASOLINE SERVICE STATION
Any area of land, including structures thereon, that is used
or designed to be used for the sale of gasoline or oils 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.
GOLF COURSE or COUNTRY CLUB
A tract of land laid out with at least nine holes for playing
a game of golf and improved with tees, greens, fairways, and hazards.
A golf course includes a clubhouse and shelters as accessory uses.
A golf course may also include a practice green and driving ranges,
but shall not include a miniature golf course or other similar enterprise.
GOLF COURSE, MINIATURE
A theme-oriented recreational facility, typically comprised
of nine or 18 putting greens, each with a "cup" or "hole," which may
include obstacles or hazards to make the game more difficult.
GRADE, FINISHED
The natural surface of the ground, or surface or ground after
completion of any change in contour.
HANGAR
A building in which aircraft are stored, serviced or repaired.
HEDGE
A row of shrubs, bushes or trees that may be used as a border
around property boundaries.
HOME OCCUPATION
A business conducted as an accessory use which is clearly
incidental to or secondary to the residential use of the dwelling
unit and does not change the character thereof and is carried on wholly
within the enclosed walls of a dwelling unit or accessory building
by the occupant(s) of such dwelling and in which not more than two
persons not residing in such dwelling unit may be employed on site.
Home occupations are either "off-site" or "on-site."
HOMEOWNERS' ASSOCIATION
An entity duly created pursuant to New York State Not for
Profit Corporation Law and established for the purpose of maintaining
lands and facilities held in common ownership by the association.
HOSPITAL
An institution, licensed by the state department of health,
providing primary health services and medical or surgical care to
persons, primarily inpatients, suffering from illness, disease, injury,
deformity, and other abnormal physical or mental conditions, and including
as an integral part of the institution, related facilities such as
laboratories, clinics, outpatient facilities, or training facilities.
The term shall be deemed to include sanatorium.
HOTEL
An establishment providing, for a fee, sleeping accommodations
and customary lodging services, including maid service, the furnishing
and upkeep of furniture and bed linens, and telephone and desk services.
Related accessory uses may include conference and meeting rooms, restaurants,
bars, and recreational facilities.
HOUSEHOLD APPLIANCE SALES AND SERVICE
Any establishment that sells or repairs major household appliances,
typically non-portable, such as washers, dryers, refrigerators, freezers,
and stoves.
INDUSTRIAL USE
A use whereby the mechanical or chemical transformations
of materials or substances into new products, including the assembling,
fabrication, finishing, manufacturing, packaging, blending, or processing
of component parts, materials, substances, or a combination thereof,
including but not limited to oils, plastics, resins, etc. An industrial
use that sufficiently meets the terms of a permitted use more specifically
defined than Industrial Use, such as Agricultural Processing, shall
be deemed said specific use.
JUNKYARD
A lot, land or structure or part thereof used primarily for
the collecting, storage and sale of wastepaper, rags, scrap metal
or discarded materials or the for the collecting, dismantling, storage
and salvaging of machinery or vehicles and for the sale of parts thereof.
The outdoor storage or deposit of any of the following, whether in
connection with another business or not shall be deemed a junkyard:
A.
Three or more junk motor vehicles.
B.
Two or more junk mobile homes.
C.
Four or more junk appliances.
D.
Five or more pieces of junk furniture.
E.
Any combination of the above that totals five items or more.
LANDOWNER
Any individual, firm, partnership, corporation, trust or
other legal entity owning land. Landowner is sometimes referred to
as "owner of record."
LAUNDROMAT
A business that provides either washing, drying, ironing,
or any combination of such services for hire and use by customers
on the premises.
LIVE STOCK AUCTION
An enclosure or structure designed and used for holding livestock
for sale or transfer by auction, consignment, or other similar means.
LIVERY OR TAXI SERVICE
A service that offers by reservation or hailing transportation
in passenger automobiles, limousines, and vans to persons, including
those who are handicapped. The business may include facilities for
servicing, repairing, and fueling the taxicabs or vans.
LOT
A parcel of land considered as a unit, occupied or capable
of being occupied by one building and accessory buildings or uses,
or by a group of buildings united by a common use or interest and
including such open spaces as are required by this chapter and having
its principal frontage on a public street or an officially approved
place.
LOT AREA
The total area included within lot lines, except that no
part of the area within a public right-of-way may be included in the
computation of "lot area."
LOT DEPTH
The distance between the front and rear lot lines, measured
in the general direction of the side lot lines.
LOT OF RECORD
A lot or parcel that has been duly recorded and legally filed
with the County Clerks Office.
LOT WIDTH
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. For purposes of new building
construction and in the case the lot width as measured above is substandard
and in the case all other dimensional requirements of the lot as prescribed
by this chapter are satisfied, the lot width shall be measured at
a length defined as parallel to and 15 feet from the face of the proposed
structure as it is oriented to the front lot line.
LOT, CORNER
A lot located at the intersection of and fronting on two
or more interesting streets and having an interior angle at the corner
of intersection of less than 135°.
LOT, THROUGH
A lot having frontage on two approximately parallel or converging
streets.
MANUFACTURED HOME
A structure (formerly referred to as a mobile home or trailer)
transportable in one or more sections, which, in traveling mode, is
eight feet or more in width or 40 feet or more in length or when erected
on site is 320 or more square feet, and which is built in compliance
with federal regulations or built prior to June 15, 1976, and which
is built on a permanent chassis and designed to be used as a dwelling
with or without a permanent foundation when connected to the required
utilities, and includes plumbing, heating, ventilating and electrical
systems contained therein. For the purposes of this chapter, the term
"manufactured home" does not include a modular home. For the purposes
of this chapter, Manufactured Homes are also more specifically referred
to as Single-wide and Double-wide Manufactured Homes.
MIXED USE
A combination of two or more land uses on a tract of land
or within a building or structure.
MODULAR HOME
A dwelling unit (as defined in this chapter) constructed
on site in accordance with New York State Building Code and municipal
codes and bearing insignia of approval by the Secretary of State of
New York State which is composed of components substantially assembled
in a manufacturing plant and transported to a building site for final
assembly on a permanent foundation.
MOTEL
A multiple unit dwelling, intended primarily for motorists,
not over two stories in height, in which the exit from each dwelling
unit or sleeping room is directly to the exterior. The term includes,
but is not limited to, the terms motor court, motor hotel, tourist
court.
MULTIFAMILY DWELLING
A dwelling or group of dwellings on one lot, containing separate
living units for three or more families, having separate or joint
entrances and including apartments, group homes, row houses, dormitory,
club, or fraternity or sorority house.
MUSEUM
An institution, typically not for profit, which operates
a repository and display for collections of any natural, scientific,
or cultural objects, and which objects are arranged for public observation
and appreciation. Admission may or may not require a fee. Accessory
uses may include demonstration studios, an indoor theater or stage,
a gift store, and cafe or restaurant. Any gift store or cafe shall
be designed and constructed as a clearly incidental use to the premise.
NET FLOOR AREA
The total floor area within the perimeter of the confining
walls of a building and minus the area derived from interior walls,
hallways, stairs, closets, storage, and accessory use areas used primarily
for storage or maintenance of the facility or building. Net floor
area is used to calculate the figures for parking requirements.
NONCONFORMING USE
A use, building, structure, or lot of record which at the
time of enactment of this chapter or any amendment thereto does not
conform to the regulation of the district in which said use is located.
NURSING OR CONVALESCENT HOME
A home or facility licensed by the State of New York for
the aged or chronically or incurably ill person in which three or
more such persons not of the immediate family are provided with food
and shelter or care for compensation, but not including hospitals,
clinics, or similar institutions devoted primarily to the diagnosis
and treatment of the sick or injured.
OPEN SPACE, PRIVATE
A usable open space adjoining and directly accessible to
a dwelling unit or principal building on an improved lot, reserved
for the exclusive use of residents of the dwelling unit and their
guests. Unimproved and vacant lots under private ownership may also
qualify as private open space for use by the owners and their guests.
OUTDOOR PERFORMANCE VENUE
Any location used for dramatic, operatic or other performance,
for admission to which entrance money may or may not be required.
For the purposes of this chapter, an Outdoor Performance Venue may
include a covered stage and/or seating enclosed on three sides in
addition to uncovered seating, but shall not include drive-in movie
theaters.
PARK or PLAYGROUND
A noncommercial, publicly accessibly facility designed for
passive use, informal gatherings, and leisure designed to serve the
recreational needs of the residents of the community. If a demonstrated
need exists for site improvements or facilities, then such features
will be limited to basic services like landscaping, parking, signage,
lighting, sewerage, water, customary playground equipment, courses,
trails, fields, and courts for sports, picnic tables, and trash bins.
PARKING LOT
An off-street surface, and generally ground level open area,
for the temporary parking of motor vehicles. A for-fee parking lot
shall be deemed a commercial parking garage, if such parking facility
otherwise satisfies the terms of the definition for a commercial parking
garage. Parking lots or areas for private residences and other noncommercial
operations shall be deemed a noncommercial parking lot or parking
garage.
PARKING SPACE
An off-street space available for the parking of one motor
vehicle and having an area of at least 10 feet in width by 18 feet
in length. The required parking spaces for handicapped access shall
be 13 feet in width by 20 feet in length.
PENTHOUSE
An enclosed structure above the roof of a building, other
than a roof structure or bulkhead, and which is used to shelter mechanical
equipment or vertical shaft openings in the roof.
PERMITTED CONSTRUCTION ACTIVITIES
Ground-disturbing activities, construction, and construction
related activities that are conducted pursuant to a permit that authorizes
lawful commencement of any such activities and that was duly issued
by a jurisdictional governmental agency or authority. Construction
includes the construction or erection of a building or structure,
as well as any additions or modifications thereto.
PERSON
An individual, association, corporation, firm, partnership,
or any other legal entity.
PLANT NURSERY
An operation for the cultivating, harvesting, and sale of
plants, bushes, trees, and other nursery items grown on site or established
in the ground prior to sale, and for related accessory sales and uses.
PLAT
A document prepared by a registered surveyor or engineer
that delineates property lines and shows monuments and other landmarks
for the purposes of identifying property.
PRINTING OR PUBLISHING ESTABLISHMENTS
A commercial printing operations involving a process that
is considered printing, imprinting, reproducing, or duplicating images
and using printing methods including but not limited to offset printing,
lithography, web offset, flexographic, and screen process printing.
PRIVATE CLUB OR LODGE
A group of people organized for a common purpose to pursue
common goals, interests or activities and usually characterized by
certain membership qualifications, payment of fees and dues, regular
meetings and a constitution and bylaws.
PROFESSIONAL OFFICE BUILDING
A building designed for office use to conduct business, professional,
or service activities, and that may include ancillary services for
office workers such as an eatery, coffee shop, and newspaper or candy
stand. The following examples are illustrative of professional services:
certified public accounting, public accounting, consulting, engineering,
architecture, planning, design professions, education, management,
medical, legal counsel, therapy, counseling, dentistry, psychological
services, and insurance.
PUBLIC RECREATIONAL OPEN SPACE, NONCOMMERCIAL
A privately owned parcel or parcels open to the general public
for outdoor recreational activities. Permissible recreational activities
shall be non-motorized, have limited potential for nuisance to adjacent
property owners, require no or few improvements to the site, and are
generally passive in character. Examples of such activities include
but are not limited to hiking, bicycling, birding, fishing, nature
appreciation, cross-country skiing, picnicking, and canoeing or kayaking.
PUBLIC WAY
Any street, alley or other similar parcel of land essentially
open to the outside air, deeded, dedicated or otherwise permanently
appropriated to the public for public use and having a clear width
and height of not less than 10 feet.
QUARRY, SANDPIT, GRAVEL PIT, AND TOPSOIL STRIPPING
A lot or land or part thereof used for the purpose of extracting
stone, sand, gravel or topsoil for sale 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.
RECREATION AND AMUSEMENT, COMMERCIAL
A commercial establishment where facilities, equipment, rides,
or courses are provided primarily as attractions for the amusement
and recreation of visitors. Such attractions may be temporary or permanent.
Examples of attractions include, among others, driving ranges apart
from a golf course, miniature golf, batting cages, motorized carts
and motorcycle tracts, all-terrain vehicle courses, water slides,
amusement parks, downslope skiing, sports arenas, rinks, firing ranges,
paint-ball courses, and circuses. Gift shops, equipment supply, and
eateries may be included as accessory uses.
RESTAURANT
Any establishment for the serving of food and beverage not
included within the definition of fast-food restaurants.
RESTAURANT, FAST FOOD
An establishment that serves food and beverage to its customers
and which exhibits the following characteristics:
A.
Customers wait on themselves, usually at a counter or pickup
window.
B.
The menu is posted rather than printed.
C.
Food is served in disposal containers and to the extent that
if tableware is necessary, it too is disposable.
D.
Food can be taken out of the building.
E.
Drive-thru service may be provide.
RETAIL STORE
An establishment 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. Maximum floor areas
by district are established in the Use Tables contained in the appendices
for this chapter.
ROOF
A horizontal or inclined structural element of a building,
which serves as the top closure.
SALES FLAG
Any fabric, banner, or bunting exhibiting distinctive colors,
patterns, or symbols used to signify or draw attention to a commercial
or sales activity.
SAWMILL
A facility where logs or partially processed cants are sawn,
split, shaved, stripped, chipped, planed, or otherwise processed to
produce wood products, not including the processing of timber for
private, on-premise, noncommercial activities.
SERVICE AND REPAIR GARAGE
An enclosed building for indoor repair of motor vehicles,
including painting and sale of parts and accessories. A "junkyard"
or "auto salvage yard" is not be construed as a garage.
SHOPPING CENTER
Two or more retail stores planned, constructed and managed
as a unified entity with customer and employee parking provided on
site, provision for goods deliveries separated from customer access,
aesthetic considerations, and protection from the elements. Shopping
centers shall be further defined as follows:
A.
REGIONAL SHOPPING CENTERA shopping center that contains a wide ranges of retail and service establishments that occupies 50 to 100 acres of land and at least one or more anchor stores and contains over 400,000 square feet of gross leasable space.
B.
COMMUNITY SHOPPING CENTERA shopping center that features a Junior Department Store with approximately 150,000 square feet of gross leasable area.
C.
NEIGHBORHOOD SHOPPING CENTERA shopping center that generally sells goods necessary to meet daily needs, occupies up to 10 acres, has up to 100,000 square feet of gross, leasable area and may draw clientele from within a five minute radius of the center.
D.
MINI MALLA shopping center having between 5,000 and 50,000 square feet on a site of eight to 15 acres where tenants are located on both sides of the covered walkway with direct pedestrian access to all establishments from the walkway.
SIGN
Any permanent, temporary, or portable device affixed to or
painted or represented directly or indirectly upon a building, structure,
inflatable device, or land and which directs attention to an object,
product, place, activity, event, person, institution, organization
or business. Each display surface shall be considered a sign.
SIGN COPY
Any graphic, design, word, letter, numeral, symbol, insignia,
model or combination thereof which is considered integral to the message
of the sign of which the sign copy constitutes.
SIGN, CHANGEABLE COPY
Any sign designed to allow the changing of copy through manual,
mechanical, or electrical means.
SIGN, CONSTRUCTION
A sign that provides information about future development
or current construction on a site and parties involved in the project.
SIGN, DIRECTIONAL
Any permanently constructed sign that includes information
assisting the flow of pedestrian or vehicular traffic, such as enter,
exit, and one-way. Official traffic or public safety signs shall not
be considered Directional Signs subject to this chapter.
SIGN, OFF-PREMISE
Any permanent structure, attached or detached, for the display
of signage located off premise from the location of advertised services
or the sign sponsor. Billboard signs are off-premise signs, and are
sometimes referred to as outdoor advertising, and the sign itself
typically consists of pre-printed panels of 'posters' or 'bulletins.'
SIGN, PORTABLE
A sign whose principal supporting structure is intended,
by design and construction, to be used by resting upon the ground
for support and may be easily moved or relocated for reuse. Portable
signs shall include but are not limited to signs mounted upon a trailer,
bench, wheeled carrier, or other non-motorized mobile structure with
or without wheels. Sandwich boards shall not be deemed a portable
sign.
SIGN, PROJECTING
A sign attached to and projecting outward from a building
face or wall, generally at a right angle to the face or wall. Projecting
signs include signs that are entirely in the right-of-way, partially
in the right-of-way, or fully on private property.
SIGN, SANDWICH BOARD
A sign constructed in such a manner as to form an "A" or
tent like shape, hinged or not hinged at the top, and each sign face
held at an appropriate distance by a supporting member.
SIGN, TEMPORARY
Any outdoor sign that is not permanently affixed or constructed,
and where the thing signified is customarily effective or active for
a limited time, is seasonal, or is likewise episodic. These typically
refer to events such as, but not limited to, sales, openings, closings,
construction, residential sales and rentals, product promotions, notices,
elections, seasonal harvests, and community events.
SIGN, WALL
A sign mounted flat against and projecting less than 12 inches
from a building or structure with the exposed face of the sign in
a plane parallel to the face of the wall. This shall not include window
signs mounted interior to the window.
SIGN, WINDOW
A sign that is applied or attached to the exterior or interior
of a window or located in such manner within a building that it is
visible from the exterior of the building through a window.
SIGNS, FREESTANDING
Any non-movable sign not attached to a building. A freestanding
sign is sometimes referred to as a pylon sign or pole sign.
SINGLE FAMILY DWELLING
A detached building constructed on a permanent foundation,
designed for long-term human habitation exclusively by one family,
having complete living facilities and constituting one dwelling unit.
For the purposes of this chapter, a single-family dwelling shall also
mean conventionally built homes, double-wide manufactured homes and
modular homes, but shall not mean single-wide manufactured homes.
SMALL WIND ENERGY SYSTEM
A wind energy conversion system consisting of a wind turbine,
a tower and associated control or conversion electronics, which has
a rated capacity of not more than 100kw and which is intended primarily
to reduce on-site consumption of utility power.
SOLAR COLLECTOR
A device, structure, panel or part of a device or structure
for which the primary purpose is to transform solar radiant energy
into thermal, mechanical, chemical or electrical energy.
[Added 9-18-2023 by L.L. No. 3-2023]
SOLAR FARM
The use of land where a series of one or more solar collectors
are placed in an area on a parcel of land for the purpose of generating
photovoltaic power and said series of one or more solar collectors
placed in an area on a parcel of land collectively has a nameplate
generation capacity of at least 15 kilowatts (kW) direct current (dc)
or more when operating at maximum efficiency.
[Added 9-18-2023 by L.L. No. 3-2023]
STABLE
A building where horses and other such similar animals are
raised or maintained.
STORAGE, COMMERCIAL
Any establishment that provides facilities available to the
public for a fee, with or without security or climate control, for
short- or long-term storage, self-service or otherwise.
STORY
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
be no floor above it, then the space between any floor and the ceiling
next above it.
STREET
A thoroughfare dedicated and accepted by a municipality for
public use or legally existing on any map of a subdivision filed in
the manner provided by law.
STRUCTURE
An assembly of materials, forming a construction framed of
component structural parts for occupancy or use, including buildings.
THEATER
A fully enclosed structure used for dramatic, operatic, motion
pictures, or other performance, for admission to which entrance money
may or may not be required.
THIRD PARTY ENFORCEMENT RIGHT
A right granted in a conservation easement which empowers
a public body or a not-for-profit conservation organization to enforce
any of the terms of the easement.
TRAILER CAMP
An area occupied or designed for occupancy by two or more
travel trailers, camp trailers, pickup coaches and similar units.
TRAVEL TRAILER
A mobile unit designed and built for camping, recreational
travel or vacation use which is equipped to provide temporary shelter.
The term includes camping trailers, pickup coaches, recreational vehicles
(RVs), and similar units.
TRAVEL TRAILER PARK
A commercial use providing space and facilities for travel
trailers and recreational vehicles (RVs) for recreational uses or
transient lodging.
TREE REMOVAL
The intentional physical removal or death of a tree greater
than six inches DBH (diameter at breast height). In the case a limb
is located at the measuring height, then measurement shall be taken
at a point just beneath said limb.
UTILITY STRUCTURE OR USE, SMALL
Utility services that are necessary to support development
or subareas of the Town and within the immediate vicinity and that
involve only minor structures. This includes sewer collectors and
pump stations, transformers, relay and booster devices, wells and
water facilities, water lines, storm drainage facilities, switching
boxes, and other similar use utility structures.
VARIANCE, AREA
A lawful modification of bulk or area standards not in conformance
with the requirements established in this chapter.
VARIANCE, USE
The lawful approval to commence uses otherwise not allowed
in a particular zoning district.
VETERINARY HOSPITAL
A place where animals or pets are given medical or surgical
treatment and the Boarding of animals is limited to short-term care
incidental to the hospital use.
WALL
A barrier, stockade or other structure constructed of wood,
brick, wire or other material intended for the use as a boundary or
means of protection or confinement.
WAREHOUSING
Uses and facilities characterized by either extensive warehousing
of goods or merchandise and which is characterized by frequent heavy
trucking activity but not involved in manufacturing, production, or
agricultural activities.
WHOLESALE DISTRIBUTION
A place of business primarily engaged in selling merchandise,
distributing merchandise, or both to 1) retailers, 2) industrial,
commercial institution, or professional business users or 3) other
wholesalers, or acting as agents or brokers of merchandise to such
individuals or companies.
WOOD BOILER, OUTDOOR
Any equipment or apparatus which is designated to be installed
outdoors and which through the combustion of wood produces heat or
electricity for inside use on-site.
YARD
An at grade open space between a building and the lot lines.
YARD, FRONT
An open, unoccupied space on the same lot with the building,
between the front line of the building and the street or highway line
and extending the full width of the lot. (Front property line).
YARD, REAR
An open, unoccupied space on the same lot with the building,
situated between the building and the rear lot line and extending
the full width of the lot.
YARD, REQUIRED
A yard of specified dimensions or standards as required by
this chapter.
YARD, SIDE
An open, unoccupied space on the same lot with the building,
situated between the building and the side lot line and extending
from the front yard to the rear yard.
ZONING DISTRICT
A specifically delineated area or district in a municipality
within which regulations and requirements uniformly govern the use,
placement, spacing and size of land and buildings.