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Town of LeRoy, NY
Genesee County
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This chapter is adopted for the protection and promotion of the public health, safety, morals and general welfare of the community, as follows:
A. 
To guide the future growth and development of the Town in accordance with a Comprehensive Plan of land use and population density that represents the most beneficial and convenient relationships among the residential, nonresidential and public areas within the Town considering the suitability of each area for such uses, as indicated by existing conditions, trends in population and mode of living, and having regard for the use of land, building development and economic activity, considering such conditions and trends both within the Town and with respect to the relation of the Town to areas outside thereof.
B. 
To provide adequate light, air and privacy; to promote safety from fire, flood and other danger and to prevent overcrowding of the land and undue congestion of the population.
C. 
To protect the character and the social and economic stability of all parts of the Town and to encourage the orderly and beneficial development of all parts of the Town.
D. 
To protect and conserve the value of land throughout the Town and the value of buildings appropriate to the various districts established by this chapter.
E. 
To bring about the gradual conformity of the uses of land and buildings through the comprehensive zoning plan set forth in this chapter and to minimize the conflicts among the uses of land and buildings.
F. 
To promote the most beneficial relation between the uses of land and buildings and the circulation of traffic throughout the Town, having particular regard to the avoidance of congestion in the streets and the provision of safe and convenient vehicular and pedestrian traffic movement appropriate to the various uses of land and buildings throughout the Town.
G. 
To provide a guide for public policy and action in the efficient provision of public facilities and services and for private enterprise in building development, investment and other economic activity relating to uses of land and buildings throughout the Town.
H. 
To limit development to an amount equal to the availability and capacity of public facilities and services.
I. 
To prevent the pollution of streams and ponds; to safeguard the water table and to encourage the wise use and sound management of the natural resources throughout the Town in order to preserve the integrity, stability and beauty of the community and the value of the land.
A. 
General construction of language. All words used in the present tense include the future tense; all words in the singular number include the plural number and vice versa; the word "person" includes corporations and all other legal entities; the words "lot," "plot" and "tract of land" shall one include the other; the word "premises" shall include land and buildings thereon; the word "building" shall include structure and vice versa; "occupied" or "used" shall be considered as though followed by the words "or intended, arranged or designed to be used or occupied," unless the natural construction of the wording indicates otherwise. The word "shall" is mandatory. Unless otherwise specified, all distances shall be measured horizontally. The word "Town" means the Town of LeRoy; the term "Town Board" means the Town Board of said Town; the term "Planning Board" means the Town Planning Board of said Town; the term "Comprehensive Plan" means the plan adopted by the Town Planning Board pursuant to § 272-a of the Town Law.
[Amended 7-24-2014 by L.L. No. 1-2014]
B. 
Definitions. For the purpose of this chapter, certain words and terms used herein are defined as follows:
ACCESSORY USE
A use which is customarily incidental and subordinate to the principal use on a lot, and located on the same lot therewith.
ALTER
To change or rearrange the structural parts or the exit facilities of a structure, or to move a building from one location to another.
ANIMAL SHELTER
A dog kennel, stable and similar uses oriented to the care of animals, whether commercial, nonprofit or private, not including agricultural uses such as dairy or beef cattle farms.
[Added 9-25-1989 by L.L. No. 1-1989]
AREA, BUILDING
The total of areas taken on a horizontal plane at the main grade level of principal buildings and all accessory buildings, exclusive of uncovered porches, parapets, steps and terraces.[1]
BASEMENT
That portion of a building wholly or partly underground, which extends no more than four feet above the adjoining finished grade. The word "basement" includes the word "cellar."
BED AND BREAKFAST
See "tourist home."
[Added 5-11-2017 by L.L. No. 3-2017]
BOARDINGHOUSE
A dwelling occupied by one family with no more than two boarders, roomers or lodgers in the same household, who are lodged with or without meals, and in which there are provided such services as are incidental to its use as a temporary residence for part of the occupants. The term "boardinghouse" shall include "rooming house" for the purpose of this chapter.
BUFFER STRIP
A continuous strip of trees and/or shrubs not less than 10 feet in depth and not less than six feet in height, densely planted to provide a physical screen preventing visual access from one use to another and to reduce the escape and/or intrusion of litter, fumes, dust, smoke, noise or other noxious or objectionable elements.
BUILDING
Any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals, machinery or equipment.
BUILDING, ACCESSORY
A subordinate building, subordinate to the main building on the lot and used for purposes customarily incidental to that of said main building.
BUILDING HEIGHT
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 deck line of mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
BUILDING LENGTH
The least horizontal distance between the furthermost walls of a building, including any carport and porches.
BUILDING, MAIN
A building in which is conducted the main or principal use of the lot on which said building is situated.
BUILDING, TEMPORARY
A "temporary building" or "temporary structure" is one erected, constructed or placed upon the premises, to exist there for a brief or temporary duration of time, not exceeding nine months. All other buildings or structures shall be deemed and considered as permanent for the purposes of this chapter.
CAMP
Any one or more of the following, other than a hospital, place of detention or school, offering general instruction:
(1) 
TYPE 1Any area of land or water on which are located two or more cabins, tents, trailers, shelters, households or other accommodations of a design or character suitable for seasonal or other more or less temporary living purposes, regardless of whether such structures or other accommodations actually are occupied seasonally or otherwise; or
(2) 
TYPE 2Any land, including any building thereon, used for any assembly of persons for which is commonly known as "day camp" purposes, and any of the foregoing establishments, whether or not conducted for profit and whether or not occupied by adults or by children, either as individuals, families or groups.
CAMPSITE
Any land on which are located two or more recreational vehicles or other accommodations, excluding mobile homes, suitable for transient or temporary living purposes for overnight, weekend or longer periods of camping.
CAR WASH
See "gas station."
[Added 5-11-2017 by L.L. No. 3-2017]
CERTIFICATE OF OCCUPANCY
A certificate issued by the Zoning Officer upon completion of construction, alteration or change in occupancy or use of a building. Said certificate shall acknowledge compliance with all the requirements of this chapter only and such adjustments thereto granted by the Board of Appeals.
CLUB, MEMBERSHIP
A group of persons organized in accordance with the Not-For-Profit Corporation Law. (Example: fish and game clubs.)
CONTRACTOR'S YARD
Businesses engaged in construction of buildings and structures, remodeling and repairs to existing buildings and structures, electrical services, plumbing services, excavation and grading services, roofing and siding services, masonry services, paving services, well drilling, sewage disposal system installation and services, and other similar services.
[Added 5-11-2017 by L.L. No. 3-2017]
COVERAGE
That percentage of the lot area covered by the combined area of all buildings or structures on the lot.
DEVELOPMENT
Any man-made changes to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, excluding normal maintenance to farm roads.
DISTRIBUTION CENTER
See "warehouse."
[Added 5-11-2017 by L.L. No. 3-2017]
DRIVE-IN BUSINESS
A drive-in business includes drive-in restaurants, refreshment stands, banks, drugstores, and the like where patrons enter the premises and are served or entertained in automobiles.
[Added 5-11-2017 by L.L. No. 3-2017]
DWELLING
A detached building designed or used exclusively as living quarters for one or more families; the term shall not be deemed to include automobile court, motel, boarding or rooming house, mobile house trailer, tourist home or tent.
[Amended 8-8-1996]
DWELLING, ONE-FAMILY
A dwelling containing one dwelling unit only.
DWELLING, TWO-FAMILY
A dwelling containing two dwelling units only.
DWELLING, MULTIFAMILY
A dwelling containing three or more dwelling units.
DWELLING UNIT
A building or portion thereof providing complete housekeeping facilities for one family.
EARTH-SHELTERED HOUSE
(1) 
A structure which utilizes earth to shelter the structure from extreme fluctuations in temperature, wind and air infiltration. The structure may be completely below the original grade, totally above the original grade with earth bermed around the exterior walls or partially below and partially above the original grade, such as with placement in the side of a hill. An earth-sheltered house must provide at least two distinct means of egress.
(2) 
An earth-sheltered house is distinguishable from a basement being used as a house chiefly in terms of design function. An earth-sheltered house is designed and appears to be designed as the final structure just as it stands. A basement is designed and appears to be designed as a foundation for a superstructure placed upon it. These distinctions are most noticeable by comparing:
(a) 
The position of the structure with respect to final grade.
(b) 
The manner in which lighting and ventilation are provided.
(c) 
The design strength of the walls and roofs.
(d) 
The means of access.
EDUCATIONAL INSTITUTION, PRIVATE
Any nonpublic school or other organization or institution conducting a regularly scheduled curriculum of study similar to that of the public schools and operated under the Education Law of New York State.
FAMILY
One or more persons who live together in one dwelling unit and maintain a common household, which may consist of a single person or of two or more persons, whether or not related by blood, marriage or adoption and may also include domestic servants and gratuitous guests.
FARM
Any parcel of land containing at least five acres which is used for the raising of agricultural products, livestock, poultry and dairy products. It includes necessary farm structures within the prescribed limits and the storage of equipment used. It excludes the raising of fur-bearing animals, riding academies, livery or boarding stables and dog kennels.
FILED MAP
Any map, survey or plat filed in the County Clerk's office of Genesee County.[2]
FLOOR AREA OF A BUILDING
The sum of the gross horizontal area of the several floors of a building and its accessory buildings on the same lot, excluding basement floor areas not devoted to residential use, but including the area of roofed porches and roofed terraces. All dimensions shall be measured between exterior faces of walls.
FRONTAGE
The extent of a building or lot along a street as defined herein.
GARAGE, PRIVATE
An enclosed space for the storage of one or more motor vehicles, provided that no business, occupation or service is conducted for profit therein nor space therein for more than one car is leased to a nonresident of the premises.
GARAGE, PUBLIC
Any garage, other than a private garage, available to the public, operated for gain, and which is used for storage, repair, rental, greasing, washing, adjusting or equipping of automobiles or other motor vehicles.
GASOLINE STATION
Any area of land, including structures thereon, that is used for the storage and sale of gasoline or any other motor vehicle fuel and oil and other lubricating substances, including any sale of motor vehicle accessories or facilities for lubricating, washing or otherwise servicing motor vehicles.
GASOLINE STATION-MARKET
A gasoline station which provides a second commercial service such as a restaurant, dairy bar, beverage market, or food market. This shall not include sales from vending machines.
HEALTH SERVICES FACILITY
Establishments providing support to the medical profession and patients such as blood banks, medical and dental laboratories, oxygen and other types of medical supplies and services.
[Added 5-11-2017 by L.L. No. 3-2017]
HOME OCCUPATION
(1) 
An occupation or a profession which is customarily carried on in a dwelling unit or in a building or other structure accessory to a dwelling unit and is carried on by a member of the immediate family residing in the dwelling unit and is clearly incidental and secondary to the use of the dwelling unit for residential purposes and which conforms to the following additional conditions:
(a) 
The occupation or profession shall be carried on wholly within the principal building or within a building or other structure accessory thereto.
(b) 
Not more than two persons outside the immediate family shall be employed in the home occupation.
(c) 
There shall be no exterior display, no exterior sign (except as permitted under § 165-41), no exterior storage of materials and no exterior indication of the home occupation or variation from the residential character of the principal building.
(d) 
No offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced, nor shall any home occupation be allowed which will result in:
[1] 
Dissemination of noise, vibration, odor, dust, smoke, observable gas or fumes or other atmospheric pollutant beyond the boundaries of the immediate site of the building in which such use is conducted.
[2] 
Hazard of fire or explosion or other physical hazard to any person, building or vegetation.
[3] 
Radiation or interferences with radio or television reception beyond the boundaries of the immediate site of the building in which such use is conducted, or the testing of material or instruments in such a manner as to constitute a public nuisance.
(2) 
In particular, a "home occupation" includes, but is not limited to the following:
(a) 
Art studio.
(b) 
Dressmaking.
(c) 
Professional office of a physician, dentist, lawyer, engineer, architect or accountant within a dwelling occupied by the same.
(d) 
Teaching with a musical instruction limited to a single pupil at a time.
(e) 
Real estate offices.
(3) 
However, a "home occupation" shall not be interpreted to include the following:
(a) 
Motor vehicle repair shop, machine shop, welding and fabrication shop.
(b) 
Barbershops and beauty parlors (with two or more work stations).
(c) 
Commercial stables and kennels.
(d) 
Restaurants.
HOSPITAL
Unless otherwise specified, includes a sanitarium, sanatorium, preventorium, clinic, rest home, nursing home, convalescent home and any other place for the diagnosis, treatment or other care of ailments, and shall be deemed to be limited to places for the diagnosis, treatment or other care of human ailments.
HOSPITAL, ANIMAL
An establishment for the medical and/or surgical care of sick or injured animals.
HOTEL
A building containing rooms intended or designed to be used or which are used, rented or hired out to be occupied or which are occupied for sleeping purposes by guests and providing additional services such as restaurants, meeting rooms, entertainment and recreation facilities.
[Amended 3-12-2015 by L.L. No. 1-2015]
HOTEL/MOTEL
A building providing overnight accommodation for more than 10 transient people, which building need not be owner-occupied and may provide eating, restaurant and related facilities.
[Added 5-11-2017 by L.L. No. 3-2017]
INDUSTRIAL PARK
A large tract of land that has been planned, developed and operated as an integrated facility for a number of individual light industrial and manufacturing uses, with special attention to circulation, parking, utility needs, aesthetics, and compatibility.
[Added 5-11-2017 by L.L. No. 3-2017]
JUNKYARD
Land or building used for collecting, storage or sale of wastepaper, rags, scrap metal or discarded material, or for collecting, wrecking, dismantling, storage, salvaging or sale of machinery parts or vehicles not in running condition.
JUNKYARD, AUTOMOBILE
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 or for the purpose of reclaiming for use some or all of the materials therein.
KENNEL
The keeping of five or more dogs over the ages of five months.
LAKE, ARTIFICIAL
A body of water created through construction or other similar method, having a surface area in excess of one acre.
LANDFILL, SANITARY
The depositing of refuse in a natural or man-made depression or trench or dumping it at ground level, compacting to the smallest practical volume, and covering with earth or other material in a systematic and sanitary manner.
LAUNDERETTE
A business premises equipped with individual clothes-washing machines for the use of retail customers, exclusive of laundry facilities provided as an accessory use in an apartment house or an apartment hotel.
LIGHT INDUSTRIAL
The processing, fabrication, assembly or packaging of previously prepared or refined materials and food goods.
[Added 5-11-2017 by L.L. No. 3-2017]
LOT
A parcel of land, not divided by streets, devoted to or to be devoted to a particular use, or occupied by a building or buildings, together with such open spaces as are required under the provisions of this chapter, and having its principal frontage on a street as defined in this chapter.
LOT AREA
The total horizontal area included within lot boundaries.
LOT, CORNER
A lot located at the junction of and fronting on two or more intersecting streets.
LOT DEPTH
The mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lot lines.
LOT LINE
The property lines bounding a lot as defined herein.
LOT LINE, FRONT
In the case of a lot abutting upon only one street, the line separating the lot from the street; in the case of any other lot, the owner shall, for the purpose of this chapter, have the privilege of electing any street lot line as the front lot line, except that where the majority of lots in any block are developed, the owner shall select the same front line as used by such other lots. In a subdivision approved by the Planning Board, said Board may designate a front lot line on any lot having frontage on more than one street.
LOT LINE, REAR
The lot line which is generally opposite the front lot line; if the rear lot line is less than 10 feet in length or if the lot comes to a point at the rear, the rear lot line shall be deemed to be a line parallel to the front line, not less than 10 feet long, lying wholly within the lot and farthest from the front lot line.
LOT LINE, SIDE
The property line or lines extending from the front lot line to the rear lot line.
LOT WIDTH
The horizontal distance between the side lot lines, measured at right angles to the lot depth.
MOBILE HOME
A portable unit, designed and built to be towed on its own chassis, comprised of frame and wheels, connected to utilities and designed without a permanent foundation for year-round living. A unit may contain parts that may be folded, collapsed or telescoped when being towed and expanded later to provide additional cubic components designed to be joined into one integral unit capable of being again separated into the components for repeated towing. Mobile units arrive at the site where they are to be occupied as dwellings completed, including major appliances and furniture, and ready for occupancy, except for minor and incidental unpacking and assembly operations, location of foundation supports, connection to utilities and the like.
MOBILE HOME PARK
A parcel of land under single ownership which has been placed and improved for the rental or lease of two or more lots and the provision of services for mobile homes for nontransient residential use.
MOBILE HOME SUBDIVISION
A parcel of land under single ownership in which a single lot or lots are developed and eventually sold by the landowner to persons for the placement of a mobile home.
MOTOR VEHICLE REPAIR SHOP
Any building or land used for gain, wholly or partially, engaged in the business of service, repair or diagnosing motor vehicle malfunctions or repairing bodies, fenders or other components damaged by accidents or otherwise.
[Added 5-11-2017 by L.L. No. 3-2017]
NONCONFORMING BUILDING, LOT OR STRUCTURE
A building, lot or structure, the size, dimension or location of which was lawful prior to the adoption or amendment of these zoning provisions, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment.
[Added 9-25-1989 by L.L. No. 1-1989]
NONCONFORMING USE
A use of a building or of land that does not conform to this chapter as to use in the district in which it is situated, which use was lawful under the preceding ordinance at the time the use was established.
NURSERY
Any place used as a garden for the open cultivation and growing of trees, shrubs and other plants, including the replanting of said plants grown at places other than the nursery.
NURSERY, DAY
A place, building or structure, designed to provide care or instruction for two or more children under six years of age.
NURSERY SCHOOL
Same as "nursery, day."
NURSING HOME or CONVALESCENT HOME
Any establishment where three or more persons suffering from or afflicted with or convalescing from any infirmity, disease or ailment are habitually kept or boarded or housed for remuneration, other than municipal or incorporated hospitals, or establishments for the care of the mentally ill.
OFFICE BUILDING
A building used primarily for conducting the affairs of a business, profession, service, industry or government, or like activity, that may include ancillary services for office workers such as a restaurant, coffee shop, newspaper or candy stand.
[Added 5-11-2017 by L.L. No. 3-2017]
OFFICIAL MAP
A map adopted by the Town Board, showing streets, highways and parks already laid out, adopted and established by law. Drainage systems may also be shown in this map.
PARKING AREA
An off-street area containing one or more parking spaces, with passageways and driveways appurtenant thereto. In general, there shall be an average of about 350 square feet of parking area per parking space.
PARKING SPACE
An off-street space available for the parking of one motor vehicle on a transient basis and having a width of 10 feet, and an area of not less than 200 square feet, exclusive of passageways and driveways appurtenant thereto and giving access thereto, and having direct usable access to a street.
PERSON
Includes any individual or group of individuals, corporation, partnership, association or any other organized group of persons, including local governments and agencies thereof.
PLANNING BOARD
The officially designated Town of LeRoy Planning Board, as established by the Town Board in accordance with Town Law, Article 16, § 271 and amendments thereto.
PROFESSIONAL OFFICE
An office used by a duly New-York-State-licensed/registered architect, attorney, dentist, certified counselor, certified public accountant (CPA), chiropractor, engineer, insurance broker or salesman, massage therapist, optometrist, physician or surgeon, physical therapist, psychologist, real estate broker or salesperson, surveyor, teacher or veterinarian.
[Added 5-11-2017 by L.L. No. 3-2017]
QUARRY, SAND PIT, GRAVEL PIT OR TOPSOIL STRIPPING
A lot or land or part thereof used for the purpose of extracting stone, sand, gravel, or topsoil for sale, as an individual 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.[3]
RETAIL TRADE
Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.
[Added 5-11-2017 by L.L. No. 3-2017]
SELF-SERVICE STORAGE FACILITY
A structure containing separate, individual and private storage spaces of varying sizes leased or rented on an individual basis for varying periods of time.
[Added 5-11-2017 by L.L. No. 3-2017]
SIGN
Any structure or part thereof, or any device attached to a structure or painted or represented on a structure, which shall display or include any letter, word, model, banner, flag, pennant, insignia, device or representation used as, or which is in the nature of an announcement, direction or advertisement, A "sign" includes any billboard, but does not include the flag, pennant or insignia of any nation or group of nations or of any state, city or other political unit or of any political, educational, charitable, philanthropic, civic, professional, religious or like campaign, drive, movement or event. However, a "sign," as defined herein, shall not include a similar structure or device located within a building.
(1) 
BUSINESS SIGNA sign which directs attention to a business or profession conducted or to products sold upon the same lot. A "for sale" or "to let" sign relating to the lot on which it is displayed shall be deemed a "business sign."
(2) 
ADVERTISING SIGNA sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the same lot.
(3) 
ILLUMINATED SIGNAny sign designed to give forth any artificial light or designed to reflect such light deriving from any source which is intended to cause such light or reflection.
(4) 
FLASHING SIGNAn illuminated sign on which the artificial light is not maintained stationary and constant in intensity and color at all times when in use.
SITE PLAN
A plan of a lot or subdivision on which is shown topography, location of all buildings, structures, roads, rights-of-way, boundaries, all essential dimensions and hearings and any other information deemed necessary by the Planning Board.
SPECIAL USE
A specifically designed use that would not be appropriate generally or without restrictions 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.
STREET
A public or private way which affords the principal means of access to abutting properties.
SUBDIVISION
An area of land divided by owners or agents, either by lots or by metes and bounds, into lots or parcels two or more in number for the purpose of conveyance, transfer, improvement or sale of one or more lots.
[Amended 7-24-2014 by L.L. No. 1-2014]
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred.
TOURIST HOME
Owner-occupied dwelling in which overnight accommodation is provided for less than 10 transient people for profit (includes bed and breakfast).
[Added 5-11-2017 by L.L. No. 3-2017]
USE
The specific purpose for which land, water or a building or structure is designed, arranged, intended or for which it is or may be occupied or maintained.
UTILITY, PUBLIC
Any person, firm, corporation or municipal agency, duly authorized to furnish to the public, under public regulation, electricity, gas, water, steam, cable or telecommunications, telephone or telegraph.[4]
[Amended 7-24-2014 by L.L. No. 1-2014]
VISITOR INFORMATION CENTER
A structure that is engaged in the distribution of informational materials on attractions and services that are available within the region. It may be associated with for profit or not-for-profit organization.
[Added 5-11-2017 by L.L. No. 3-2017]
WAREHOUSE
A building used primarily for the storage and/or distribution of goods and materials.
[Added 5-11-2017 by L.L. No. 3-2017]
WHOLESALE TRADE
Businesses primarily engaged in selling goods and merchandise to retailers, commercial or industrial users, or other wholesalers.
[Added 5-11-2017 by L.L. No. 3-2017]
YARD
An open space on the same lot with a building or group of buildings, which open space lies between the building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward, except as may be specifically authorized in this chapter. In measuring a "yard," as hereinafter provided, the line of a building shall be deemed to mean a line parallel to the nearest lot line, drawn from a point of a building or the point of a group of buildings nearest to such lot line, and the measurement shall be taken at right angles from the line of the building as defined herein to the nearest lot line.
YARD, FRONT
A yard extending across the full width of the lot and lying between the front line of the lot and the nearest line of the building.
YARD, REAR
A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the building.
YARD, SIDE
A yard between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard or, in the absence of such yards, to the front and rear lot line, as the case may be.
ZONING BOARD OF APPEALS
That Board appointed by the governing body specifically to hear all appeals as provided by these regulations.
[1]
Editor's Note: The definitions of "area of shallow flooding" and "base flood," which immediately followed this definition, were repealed 9-25-1989 by L.L. No. 1-1989. For current provisions, see Ch. 81, Flood Damage Prevention.
[2]
Editor's Note: The definitions of "flood or flooding," "Flood Hazard Boundary Map," "one-hundred-year flood," "floodplain or flood-prone area," "Floodplain Overlay Zone" and "floodproofing," which immediately followed this definition, were repealed 9-25-1989 by L.L. No. 1-1989. For current provisions, see Ch. 81, Flood Damage Prevention.
[3]
Editor's Note: The definition of "regulatory floodway," which immediately followed this definition, was repealed 9-25-1989 by L.L. No. 1-1989. For current provisions, see Ch. 81, Flood Damage Prevention.
[4]
Editor's Note: The definitions of "wind energy conversion system" and "wind energy deriving towers and transmission facilities," added 7-14-2005 by L.L. No. 2-2005, can now be found in Art. X, § 165-60, of this chapter.