This chapter shall be known and be cited as the "Zoning Local
Law of the Town of Kingsbury, New York."
Enactment of this chapter by the Town of Kingsbury is pursuant
to Article 16 of the Town Law of the State of New York and Article
27 of the Executive Law of the State of New York.
The intent of this chapter is to establish a precise and detailed
plan for the use of land in the Town of Kingsbury, to promote and
to protect the health, safety, comfort, convenience and general welfare
of the community and to protect the property values and aesthetics
of the community. This shall be accomplished by channeling and directing
growth and by regulating and restricting the height, number of stories
and size of buildings and other structures, the percentage of lot
that may be occupied, the size of yards, courts and other open spaces,
the density of population and the location and use of buildings, structures
and land for trade, manufacturing, residence and other purposes. This
chapter shall establish districts and the boundaries thereof for said
purposes and provide for the administration and enforcement of this
chapter in accordance with the Consolidated Laws of the State of New
York.
This chapter is hereby adopted to provide the Town of Kingsbury
with all the protection authorized by the Consolidated Laws of the
State of New York, and amendments thereof and is designed to:
A. Promote the health, safety and general welfare of the community.
B. Lessen congestion in streets, roads and highways.
C. Provide adequate light and air.
D. Secure safety from fire, flood, panic and other dangers.
E. Prevent the overcrowding of land.
F. Avoid undue concentration of population.
G. Facilitate the adequate provision of transportation, water, sewage,
schools, parks and other public requirements.
H. Conserve the value of property and encourage the most appropriate
use of land in the Town with reasonable consideration for the character
of each district and its peculiar suitability for particular uses.
No land use or development shall be undertaken or maintained
except in conformity with all provisions contained in this chapter
relating to the zoning district in which the land, water, site, structure
or use is located or is proposed to be located. Where this chapter
is more restrictive than covenants or agreements between parties or
other plans or other rules or regulations or ordinances, the provisions
of this chapter shall control.
Unless the context otherwise requires, the following definitions
shall be used in the interpretation and construction of this chapter.
Words used in the present tense shall include the future; the singular
shall include the plural, and the plural the singular; the word "used"
shall include "arranged," "designed," "constructed," "altered," "converted,"
"rented," "leased," or "intended to be used"; the word "shall" is
always mandatory; the word "abut" shall include the words "directly
across from"; and words of the masculine gender shall include the
feminine. Unless otherwise specified, all distances and areas shall
be measured in accordance with accepted surveying practices.
The following terms, unless a different meaning is required
by the context or is specifically prescribed, shall have the following
meanings:
ACCESSORY STRUCTURE
A structure subordinate to the principal use of a building
on the same lot and serving a purpose customarily incidental to the
use of the principal building. Swimming pools on or in the ground
shall be considered accessory use structures.
[Amended 3-21-2005 by L.L. No. 1-2005]
ACCESSORY USE
Any use of a structure, lot or portion thereof that is customarily
incidental and subordinate to and does not change the character of
a principal land use or development.
ADDITION
Extension or increase in area, height or equipment of a building.
ADMINISTRATIVE AGENCY
Any person, board or commission charged with the responsibility
of executing or enforcing the provisions of this chapter.
AGENT OF OWNER
Any person who can show written proof that he is acting for
the property owner.
ALTERATION
As applied to a building or structure, means a change or
rearrangement of the structural parts, or an enlargement or relocation.
AUTOMOBILE SALES AREA AND SERVICES
An open area, other than a street, used for the display,
sale or rental of new or used motor vehicles or trailers in operable
condition and where no repair work is done.
AUTOMOBILE SERVICE STATION or FILLING STATION
A building or place of business where gasoline, oil and greases,
batteries, tires and automobile accessories are supplied and dispensed
directly to the motor vehicle trade, at retail, and where minor and
major repairs are rendered.
BUILDING
Any structure permanently affixed to the land, having a roof
supported by columns or walls, used or intended to be used for the
shelter, housing or enclosure of persons, animals or property. When
such a structure is divided into separate parts by one or more unpierced
walls extending from the ground up, each part is deemed a separate
"building," except as regards minimum side yard requirements.
BUILDING AREA
The maximum area of a building at ground level, not including
terraces or uncovered porches and accessory buildings or structures
located on any lot.
BUILDING HEIGHT
The vertical distance measured from the average level of
the highest and lowest portion of the building site covered by the
building, to the uppermost portion of the structure, but not including
chimneys, spires, towers, tanks and similar projections.
BUILDING LINE
The line which extends the width of the lot parallel to the
front line and which is the minimum distance back from a specified
base point or line. The minimum distance is known as the "setback,"
This line determines the point nearest the front lot line upon which
buildings and/or other specified objects or uses may be placed.
CAMP
Any land, including any permanent buildings thereon used
for seasonal group accommodations and/or recreational purposes. The
use of the land may be, but need not be, for a profit. It may be used
by children and/or adults as individuals, families or groups. This
definition does not include private hunting.
[Added 3-21-2005 by L.L. No. 1-2005]
CLUSTER DEVELOPMENT
A planned development in which lots are plotted with less
than the minimum lot size and dimension requirements, but which have
access to common open space which is part of the overall development
plan approved by the Planning Board as authorized by, and in accordance
with, § 278 of the New York State Town Law.
[Amended 6-9-2014 by L.L. No. 3-2014]
COMMERCIAL SAND AND GRAVEL EXTRACTION
Any extraction from the land of sand, gravel or topsoil for
the purpose of sale or use by persons other than the owner of the
land or for the purpose of use by any municipality.
COMMERCIAL USE
Any use involving the sale or rental or distribution of goods,
services or commodities, either retail or wholesale.
CONDOMINIUM
A multifamily project of one-family dwelling units which
may consist of one, a part or more than one building, including one
building per dwelling unit, where the real property title and ownership
are vested in an owner who has an undivided interest with others in
the common usage areas and facilities which serve the development.
A condominium which effects a division of land into sites (i.e., involves
more than one building) shall be reviewed as a subdivision.
DENSITY (MINIMUM AREA PER FAMILY OR DWELLING UNIT)
This area is the total usable area of any parcel of land,
lot or plot to be developed or subdivided which is devoted to residential
use or residentially related uses, such as parks, playgrounds, open
spaces or residential streets. The Planning Board shall have the responsibility
of determining what is usable land for purposes of this computation.
DEVELOPMENT
The introduction of a new use or primary structure (excepting
one- and two-family dwellings) to a premises. Expansion of an existing
facility for the existing use shall not be considered development
for site plan review purposes unless such expansion increases the
existing area of the structure or facility in excess of 25%. Changes
from one permitted to another similarly permitted use for the particular
zone, as determined by the Code Enforcement Officer, shall not be
considered development for site plan review purposes.
[Added 2-9-1998 by L.L. No. 3-1998; amended 6-9-2014 by L.L. No.
3-2014]
DWELLING, MOBILE HOME
A movable or portable unit designed and constructed to be
towed on its own chassis, comprised of frame and wheels, connected
to utilities, with or without a foundation. A unit may contain parts
that may be folded, collapsed or telescoped when being towed and expanded
later to provide additional cubic capacity as well as two or more
separately towable components designed to be used exclusively for
residential purposes, excluding travel trailers.
DWELLING, MULTIFAMILY
A residential building designed for or occupied by three
or more families, with the number of families in residence not exceeding
the number of dwelling units provided.
DWELLING, MULTIPLE
A.
A building containing living, sanitary and sleeping facilities
occupied by one or two families and more than four lodgers residing
with either one of such families.
B.
A building with one or more sleeping rooms, other than a one-
or two-family dwelling, used or occupied by permanent or transient
paying guests or tenants.
C.
A building with sleeping accommodations for more than five persons
used or occupied as a club, dormitory, fraternity or sorority house,
or for similar uses.
D.
A building used or occupied as an old-age home.
DWELLING, SINGLE-FAMILY
A detached building designated for or occupied exclusively
by one family and containing not more than one dwelling unit.
DWELLING, TWO-FAMILY
A detached or semidetached building where not more than two
individual family or dwelling units are entirely separated by vertical
walls or horizontal floors, unpierced except for access to the outside
or to a common cellar.
DWELLING UNIT
One or more rooms with provisions for living, cooking, sanitary
and sleeping facilities arranged for the use of one family.
ESSENTIAL SERVICES
The construction, alteration or maintenance by public utilities
or governmental agencies of underground or overhead gas, electrical,
steam, communication, or water transmission or distribution systems,
including poles, wires, police call boxes, traffic signals, hydrants,
street signs and similar equipment and accessories in connection therewith,
but not including buildings unless granted by special permit and reasonably
necessary for the furnishing of adequate service by public utilities
or governmental agencies.
[Amended 3-21-2005 by L.L. No. 1-2005]
ESTABLISHED GRADE
The elevation of the center line of a road as established
by the Town authorities. In the absence of an "established grade,"
the elevation of the center line of the road concerned shall be taken
in lieu thereof.
FARM, ALL CLASSES
Land of not less than 10 acres being used for customary farming
purpose, including, but not limited to, the raising and production
of crops, livestock, horses, poultry, dairy products, trees, maple
syrup products, and horticultural operations as a principal source
of income, including any structure, building or residence which is
incidental or accessory to the permitted use. The selling of farm
products on the premises shall be considered agricultural operations.
The term "farm" shall not include hog farms or fur farms.
[Amended 3-21-2005 by L.L. No. 1-2005]
FENCE
A barrier utilized for screening, confinement, protection,
separation or aesthetics composed of materials designed specifically
for fencing or of braced wooden boards of uniform size and color.
Retaining walls, building walls, structural walls or cultivated or
natural growth of shrubs and trees are not intended as fences.
[Added 3-21-2005 by L.L. No. 1-2005]
FENCE, SOLID
A fence with openings not to exceed one inch.
[Added 3-21-2005 by L.L. No. 1-2005]
FLEA MARKET
A sale of items of tangible personal property, wherein, on
one location, there are multiple vendors who have paid a fee for the
privilege of occupying the space allotted to each such vendor for
the purpose of displaying and selling, buying or exchanging, generally,
used goods of any sort.
[Added 3-21-2005 by L.L. No. 1-2005]
FLOOR AREA
The gross floor area of a building or structure.
A.
RESIDENTIALThe area in square feet within the exterior walls of a dwelling unit, not including attached garages, porches, decks, etc.
B.
PROFESSIONAL, COMMERCIAL, INDUSTRIALThe total area in square feet within the exterior walls of a building or structure and, when applicable, the sum total of all floor areas of the principal and accessory buildings or structures under a single ownership or business.
FORESTRY
Any management, including logging, of a forest or woodland,
including the construction, alteration or maintenance of accessory
structures, wood roads, skidways, landing fences and forest drainage
systems. Forestry uses shall include tree farming and processing of
timber that is harvested on site into usable products.
[Added 3-21-2005 by L.L. No. 1-2005; amended 6-9-2014 by L.L. No.
3-2014
HOBBY FARM
Land of no less than 2 1/2 acres used for the raising
of agricultural products or keeping of horses or other large mammals,
poultry or fowl for personal use or pleasure and being incidental
to residential use.
[Added 3-21-2005 by L.L. No. 1-2005; amended 6-9-2014 by L.L. No.
3-2014
HOME INDUSTRY
Any undertaking conducted as an accessory use for gain entirely
within a dwelling or accessory building by resident members of the
family assisted by a maximum of two employees. It may include but
need not be limited to such enterprises as the refinishing of antiques,
repair of furniture, ceramic manufacturing and decoration, repair
of household articles or motor vehicles, rug weaving, manufacture
of various articles, and home baking. All storage of materials and
equipment shall be indoors. Maintenance of an inventory of goods,
other than goods produced on the premises primarily for retail sale
on the premises, and the public display of goods for sale are to be
a minimum of 10 feet back from the edge of the highway right-of-way.
HOME OCCUPATION
Any use of a service nature customarily conducted entirely
within a dwelling or accessory building by resident members of the
family assisted by a maximum of two employees, such use being incidental
to the use of the building as a dwelling and not changing the character
thereof.
JUNK
Junk motor vehicles and junk appliances as defined in this
chapter, as well as scrap iron, scrap tin, scrap brass, scrap copper,
scrap lead or scrap zinc, ferrous or nonferrous scrap, and all other
scrap metals and their alloys, and bones, rags, used cloth, used rubber,
used rope, used tinfoil, used bottles, old or used machinery, boxes
or crates, used pipe or used pipe fittings, used tires, other discarded
materials and other manufactured goods that are so worn, deteriorated
or obsolete as to make them unusable in their existing condition,
but are subject to being dismantled or recycled.
[Amended 3-21-2005 by L.L. No. 1-2005; 9-22-2008 by L.L. No.
5-2008]
JUNK MOTOR VEHICLE
Any motor vehicle or used parts or waste materials from motor
vehicles which, taken together, equal in bulk one or more such vehicle,
which is unlicensed or unregistered or abandoned, wrecked, stored,
discarded, dismantled or partly dismantled, or not in a 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 a
condition for legal use upon the highways.
[Amended 3-21-2005 by L.L. No. 1-2005; 9-22-2008 by L.L. No.
5-2008]
JUNKYARD
[Amended 3-21-2005 by L.L. No. 1-2005; 9-22-2008 by L.L. No.
5-2008]
A.
Any place of storage or deposit, whether in connection with
another business or not, where two or more junk motor vehicles 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 or any place of storage or deposit,
for any such purposes, of used parts or waste materials from motor
vehicles which, taken together, equal in bulk two or more such vehicles.
B.
Any place of storage or deposit for recycling or reclamation
of any household appliance, including, but not limited to, a stove,
washing machine, dryer, dishwasher, freezer, refrigerator, air conditioner,
water heater, computer or television, which is stored outside of any
residence or enclosed structure.
C.
An establishment where junk is stored or deposited, or having
facilities for processing iron, steel, or ferrous or nonferrous scrap
and whose principal product is scrap iron, steel, or ferrous or nonferrous
scrap for remelting or recycling purposes.
[Amended 6-9-2014 by L.L. No. 3-2014]
D.
Any business required to be licensed as a junkyard pursuant
to § 136 of the General Municipal Law.
E.
Any business required to be licensed as a junk dealer pursuant
to Article 6 of the General Business Law.
F.
Any business required to be licensed as a scrap processor pursuant
to Article 6-C of the General Business Law.
G.
The following shall not be considered a junkyard and shall not
be regulated under this law:
(1)
Storage and/or warehousing of used motor vehicle parts in a
fully enclosed building(s) associated with a business engaged in selling
the same for use in motor vehicles and temporary storage of five or
fewer inoperative motor vehicles only in conjunction with the same.
(2)
Unregistered, old or secondhand motor vehicles. The outdoor
storage or deposit of one unregistered, old or secondhand motor vehicle,
except as part of a legally licensed junkyard or legally licensed
car sales business.
KENNEL
An establishment providing a service for the breeding, boarding
and/or care of dogs, but not necessarily a veterinary or animal hospital.
LANDSCAPING
The act of changing or enhancing the natural features of
a plot, buffer zone, public open space or other area or a portion
of a lot so as to make said area more attractive and/or to add visual
screening. This shall include adding lawns, trees, shrubs, etc., and/or
through the sculpturing of the terrain, i.e., earth berms, ponds,
walkways, retaining walls, rock outcrops, etc.
LIGHT MANUFACTURING
A facility where a process is used to alter the nature, size
or shape of articles or raw materials, or to assemble articles or
raw materials, in order to create new goods. The process and the storage
of materials used in the process occur totally within the confines
of enclosed structures.
[Added 2-9-1998 by L.L. No. 3-1998]
LOT
A parcel of land having a distinct and defined boundary as
described by a legal land survey or, in the absence of a legal land
survey, the tax maps of Washington County or the Town of Kingsbury.
[Amended 3-21-2005 by L.L. No. 1-2005]
A.
LOT, AREAThe computed area contained within the lot lines.
B.
LOT, BUILDINGA lot occupied or capable of being occupied by a dwelling unit and its accessory buildings or by a multiple dwelling and its accessory buildings, having not less than the minimum area and lot width required by this chapter for a lot in the district in which such land is situated and having its principal frontage on an approved street or road.
C.
LOT, CORNERA lot abutting on two or more streets, roads or highways at their intersection or on two parts of the same street, road or highway, such streets, roads or highways or parts of the same street, road or highways forming an interior angle of less than 135°. The point of intersection of street lot lines is the corner. A lot located at a curve in any road shall be considered a corner lot if the tangents to the curve at the point of the smallest angle intersect at an interior angle of less than 135°. Corner lots shall consist of two front yards and two side yards for setback purposes.
D.
LOT, DEPTHThe mean horizontal distance between the front and rear lot lines.
E.
LOT LINEThe established division line between different parcels of property.
F.
LOT OF RECORDAny lot which has been recorded by registration of a deed or recorded on a plat approved by the Town Planning Board or for which an administrative agency has approved a valid construction or use permit.
G.
LOT WIDTHThe total distance between the side lot lines of the lot measured at the front lot line on an approved road.
[Amended 3-21-2005 by L.L. No. 1-2005]
MANUFACTURED HOME
A structure transportable in one or more sections that in
the traveling mode is eight feet or more in width or 40 feet or more
in length or when erected on the site is 320 square feet minimum and
that was built on or after June 15, 1976, 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 including 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 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 by the National Manufactured
Housing Construction and Safety Act of 1974, as amended. The term
"manufactured home" shall not include any self-propelled recreational
vehicles.
[Added 6-9-2014 by L.L. No. 3-2014]
MANUFACTURING
The mechanical or chemical transformation of materials or
substances into new products, including the assembling of component
parts. Said products are consumed or used at another location.
[Added 2-9-1998 by L.L. No. 3-1998]
MINERAL EXTRACTION
Any extraction other than specimens or samples from the land
of stone, coal, salt, ore, talc, granite, petroleum products or other
minerals, except for commercial sand, gravel or topsoil extractions,
including the construction, alteration or maintenance of mine roads,
mine tailing pipes or dumps and mine drainage.
MINERAL EXTRACTION STRUCTURE
Any mine hoist, ore reduction, concentrating, sintering or
similar facilities and equipment, administrative buildings, garages
or other main buildings or structures.
MOBILE HOME
A movable or portable dwelling unit that was built prior
to June 15, 1976, and designed and constructed to be towed on its
chassis, comprised of frame and wheels connected to utilities, and
designed and constructed without a permanent foundation for year-round
living, excluding travel trailers. The definition of "mobile home"
shall apply to all single-section manufactured homes.
[Amended 9-12-1988 by L.L. No. 5-1988; 6-9-2014 by L.L. No.
3-2014
MOBILE HOME PARK
Any parcel of land whereon two or more mobile homes are parked
or located or which is planned and improved for the placement of two
or more mobile homes and which is held open to the public for the
parking or placement of mobile homes.
MODULAR
A factory-built component building similar in construction
to an on-site wood-frame building and meeting the same New York State
Construction Codes and Energy Code. Additionally, a "modular" is transported
to a building site and permanently attached to a foundation.
NONCONFORMING LOT
Any lot lawfully on record on the effective date of this
chapter which does not meet the minimum lot area and/or width or depth
requirements of this chapter for the zoning district in which such
lot is situated.
NONCONFORMING STRUCTURE
A legally existing building in existence on the effective
date of this chapter which does not comply with the requirements established
for the district in which it is located.
NONCONFORMING USE
A use of land, lawfully in existence on the effective date
of this chapter, which does not conform to the zoning regulations
of the district in which it is located.
NURSING HOME or CONVALESCENT HOME
Any dwelling used for the accommodation and care of persons
with, or recuperating from, illness or incapacity, where nursing services
are furnished.
OPEN SPACE
Land not covered by buildings, pavement, open storage, mining
operations, or any other use that visually obscures the natural or
improved landscape, except for recreation facilities.
PARKING SPACE, OFF-STREET
A space adequate for parking an automobile, with room for
opening doors on both sides, together with properly related access
to a public street or alley, and necessary maneuvering room, approximately
300 square feet.
PERMITTED USE
Any use requiring no special action by the Board of Appeals
or site plan review by the Planning Board before a building permit
is granted by the Code Enforcement Officer, subject to all other applicable
provisions of this chapter.
[Amended 3-21-2005 by L.L. No. 1-2005]
PERSON
Any individual, corporation, partnership, association, trustee,
the state and all political subdivisions of the state or any agency
or instrumentality thereof.
PLAT
A map, plan or layout of an area indicating the location
and boundaries of individual properties.
PRINCIPAL USE
The primary use for which land and/or buildings are occupied
or designed to be occupied.
PRIVATE SAND, GRAVEL OR TOPSOIL EXTRACTION
Any extraction from the land of sand, gravel or topsoil for
the purpose of use, but not sale, by the owner of the land or any
extraction for the purpose of sale of less than 50 cubic yards in
any two-year period.
PROFESSIONAL OCCUPATION
One who is engaged in a licensed or professional service,
including but not limited to medical, legal, architectural, engineering,
surveying, cosmetology or barbering, real estate brokerage, consulting
or accounting.
[Amended 3-21-2005 by L.L. No. 1-2005]
PUBLIC OR SEMIPUBLIC BUILDING
Any component building of a college, school, hospital, animal
hospital, library, place of worship, museum, research center, rehabilitation
center or similar facility, or a municipal building.
RECREATION
A.
RECREATION, COMMERCIALRecreation facilities operated for profit and available to the general public for a fee, including, but not limited to, golf courses, golf driving ranges, ice-skating rinks, swimming pools, picnic groves, amusement parks and fairgrounds.
[Amended 3-21-2005 by L.L. No. 1-2005]
C.
RECREATION, PUBLICRecreation facilities operated as a nonprofit enterprise by the Town of Kingsbury and any other governmental entity or any nonprofit organization and open to the general public.
RESIDENTIAL STREET, ROAD OR HIGHWAY
A street, road or highway between two street, road or highway
intersections where 50% or more of the abutting street, road or highway
frontage is residential in use.
SCREENING
Solid fence, evergreen foliage, mounds, trees, shrubs or
landscaped natural materials and evergreen plants which conceal the
visual character and suppress the noise of any given building or use
of land. Required screening shall have a minimum height of six feet
and a maximum height of eight feet, exclusive of growing trees and
shrubs.
[Amended 3-21-2005 by L.L. No. 1-2005]
SECONDARY USE
Any use performed on a lot in addition to the principal or
primary use.
SETBACK
The distance of a building or use from a prescribed point
or line.
SIGN
Any device designed to inform or attract the attention of
persons not on the premises where the sign is located.
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 the floor and the ceiling
next above it.
STREET, ROAD or HIGHWAY
A public thoroughfare which affords the principal means of
access to the abutting property, including avenue, place, way, drive,
lane, boulevard, highway, road and any other thoroughfare except an
alley.
STRUCTURE
Anything constructed, the use of which requires permanent
location on the ground or attachment to something having a permanent
location on the ground, including stationary and portable carports.
SUBDIVISION
The division of any parcel of land into two or more lots,
blocks or sites, with or without streets or highways, and includes
resubdivision.
[Amended 3-13-2000 by L.L. No. 4-2000; 6-9-2014 by L.L. No.
3-2014
A.
This shall not apply to the conveyance of a small amount of
land to amend the boundary of adjoining lots, the lots as amended
shall each conforming in every respect to the dimensional requirements
of the zoning district in which it is located, or if such conveyance
does not create an additional lot according to the zoning regulations.
B.
A division of lands into two parcels of three acres or more,
each having a lot width of 300 feet or more at the setback line along
a Town, county or state road, with utilities, or the division of any
parcel located in a residential district into two lots, each conforming
in every respect to the dimensional requirements of the zoning district
in which it is located, shall not be a subdivision under these regulations.
This exemption shall not apply to successive subdivisions, meaning
utilizing this exemption on a parcel of property within five years
after having previously received this exemption.
C.
In order to be exempt under this definition, the applicant shall
provide to the Code Enforcement Officer a mylar plot plan demonstrating
compliance with this section. Thereafter, said mylar plot plan shall
be filed with the County Clerk's Office in the County of Washington.
TRAVEL TRAILER
Any portable vehicle, including a tent camper or motor home,
which is designed to be transported on its own wheels, which is designed
and intended to be used for temporary living quarters for travel,
recreational or vacation purposes and which may or may not include
one or all of the accommodations and facilities customarily included
in a mobile home.
TRAVEL TRAILER PARK
A parcel of land under single ownership which is designed
and improved for use by two or more travel trailers.
USABLE OPEN SPACE
Required open space which shall be entirely undeveloped,
except for planting, landscaping and recreational equipment and shall
be available for the sole enjoyment of the occupants of the zone lot
of which it shall be a part, and shall not include any side yards,
driveways and accessways.
VARIANCE
The Board's authorized departure from the terms of this chapter
in direct regard to a hardship peculiar to an individual lot in accordance
with the procedures established in this chapter.
WASTE DISPOSAL AREA
Any area for the disposal of garbage, refuse and other wastes,
including sanitary landfills and dumps, other than on-site disposal
area directly associated with an industrial use.
WATER RECREATION AND STORAGE
The intentional placement of boats or vessels; travel trailers,
motor homes and/or RVs; construction equipment and trailers; and related
equipment and vehicles.
[Added 3-4-2024 by L.L.
No. 1-2024]
WETLANDS
Any land which is annually subject to periodic or continual
inundation by water and commonly referred to as a "bog," "swamp" or
"marsh," which are either one acre or more in size or located adjacent
to a body of water, including a permanent stream, with which there
is free interchange of water at the surface, in which case there is
no size limitation.
YARD
An area, as may be required by this chapter, of uniform width
or depth on the same lot with a building or a group of buildings,
which area lies between the principal building or group of buildings
and the nearest lot line and is unoccupied and unobstructed from the
ground upward, except as herein permitted. Covered porches, whether
or not enclosed, shall be considered as part of the main building
and shall not project into a required "yard."
A.
YARD, FRONTAn area extending the full width of the lot between a building and the street or highway right-of-way line, unoccupied and unobstructed from the ground upward, except as specified elsewhere in this chapter.
B.
YARD, REARAn area extending the full width of the lot between a building and the rear lot line, unoccupied and unobstructed from the ground upward, except as specified elsewhere in this chapter.
C.
YARD, SIDEAn area extending from the front yard to the rear yard between a building and the nearest side lot line, unoccupied and unobstructed from the ground upward, except as specified elsewhere in this chapter.
ZERO LOT LINE
The location of a building on a lot in such a manner that
one or more of the building's sides rests directly on a lot line.
[Added 10-13-1992 by L.L. No. 4-1992]
ZONING BOARD
The Zoning Board of Appeals in the Town of Kingsbury.