For the purpose of this chapter, certain words and terms used
herein are defined in this article.
The following rules of construction apply to the language of
this chapter:
A.
The specific shall control the general.
B.
All words used in the present tense include the future tense.
C.
All words in the singular number include the plural number, and vice
versa, unless the natural construction of the wording indicates otherwise.
D.
Words used in the masculine gender include the feminine and neuter,
and vice versa, unless the natural construction of the wording indicates
otherwise.
E.
The word "shall" is mandatory; the word "may" is permissive.
F.
The word "includes" shall not limit a term to the specified examples,
but is intended to extend its meaning to all other instances or circumstances
of like kind or character.
G.
Unless the context clearly indicates the contrary, where a regulation
involves two or more items, conditions, provisions, or events connected
by the conjunction "and," "or," or "either. . . or," the conjunction
shall be interpreted as follows:
(1)
"And" indicates that all the connected items, conditions, provisions,
or events shall apply.
(2)
"Or" indicates that the connected items, conditions, provisions,
or events may apply singly or in any combination.
(3)
"Either . . or" indicates that the connected items, conditions, provisions
or events shall apply singly but not in combination.
H.
The words "building" and "structure" include any part thereof.
I.
The words "lot," "plot" and "tract of land" shall one include the
other.
J.
The word "premises" shall include land and all structures thereon.
K.
The word "occupied" or "used" shall be considered to be followed
by the words "or intended, arranged or designed to be occupied or
used," unless the natural construction of the wording indicates otherwise.
L.
References made to officials and official bodies shall mean officials
and official bodies of the Village of Wesley Hills, unless the natural
construction of the wording indicates otherwise.
M.
In case of any difference of meaning or implication between the text
of this chapter and any caption or illustration, the text shall control.
Where terms are not defined, they shall have their ordinarily
accepted meanings or such as the context may imply.
As used in this chapter, the following terms shall have the
meanings indicated:
The growing of field crops or raising of livestock, not including
the retail sale of the resulting products.
A device used for the transportation of one or more persons
or goods through the air, whether heavier than air or lighter than
air, including airplanes, balloons, dirigibles, helicopters and gliders.
An area for the landing and takeoff of aircraft.[1]
One or more rods, panels, discs or similar devices used for
the transmission and/or reception of radio frequency signals, which
may include omnidirectional antennas (whip), directional antennas
(panel) and parabolic antennas (disc).
[Added 7-11-2017 by L.L.
No. 2-2017]
A business enterprise primarily engaged in professional tree
planting, maintenance, trimming and removal operations and plant care
operations, including the indoor or containerized storage of plant
health materials generally related to the operation of an arborist
service.
[Added 6-13-2006 by L.L. No. 3-2006]
An antenna array that is attached to an existing building
or structure (attachment structure), with any accompanying pole or
device (attachment device) which attaches the antenna array to the
existing building or structure; connection cables; and an equipment
facility which may be located either inside or outside of the attachment
structure.
[Added 7-11-2017 by L.L.
No. 2-2017]
An establishment used for major repair, body work, painting,
rental, greasing, washing, servicing, adjusting or equipping of automobiles,
other motor vehicles or their equipment.
The sum of the existing grade elevations taken at the extreme
front right and left limits of the proposed building as viewed from
the street, divided by two. However, in the event that the existing
grade shall be altered to lower the ground, the lowered ground surface
shall be used as the existing grade for this calculation. In the event
that the existing grade slopes down from the street line to the proposed
building, and if fill is to be placed on the lot to raise the grade
adjacent to the proposed building, the lower of such raised grade
or the grade at the street line shall be used as the existing grade
for this calculation.
[Added 5-23-2006 by L.L. No. 2-2006]
For any single side of a building, the sum of the finished
grade elevations taken at the extreme right and left limits of that
side of the building, divided by two.
[Added 5-23-2006 by L.L. No. 2-2006]
A business enterprise primarily engaged in the retail sale
of alcoholic beverages for consumption on the premises.
A portion of a building partly underground, but having less
than half its clear height below the average grade of the adjoining
grade. See also "cellar."
An establishment offering the housing or feeding of horses
for gain.
The Board of Appeals of the Village of Wesley Hills.
The Board of Trustees of the Village of Wesley Hills.
Any structure having a roof, self-supporting or supported
by columns or walls, which is permanently affixed to the ground and
intended for the shelter, housing or enclosure of persons, animals
or chattel.
A building subordinate to the main building on the lot and
used for purposes customarily incidental to that of the main building.
Where an accessory building is attached to the main building in a
substantial manner, as by a wall or roof, such accessory building
shall be considered part of the main building.
Any structure partially or totally supported by air pressure.
The maximum horizontal cross section of a building, including
porches, balconies and raised platforms, but excluding cornices, roof
overhangs, gutters or chimneys projecting not more than three feet,
and steps and terraces not more than three feet above the average
adjacent ground elevation.
The Building Code is the code adopted by the Board of Trustees
of the Village of Wesley Hills, or, if none has been adopted, the
New York State Uniform Fire Prevention and Building Code, promulgated
pursuant to § 377 of the Executive Law, as the same may
be amended from time to time.
[Amended 10-12-1999 by L.L. No. 1-1999]
That percentage of the land area covered by the combined
building area of all buildings, excluding any buildings or structures
located completely below ground.
The side of a building facing and most parallel to the front
lot line.
[Added 5-23-2006 by L.L. No. 2-2006]
The vertical distance, measured from the average existing
grade at the front of the building adjacent to the exterior wall,
to the eave of the largest roof. For buildings with a gable type roof
facing the front of the building, the average elevation of the eave
of the largest roof and the corresponding ridge shall be utilized
in place of the eave of the largest roof.
[Amended 4-7-1987 by L.L. No. 5-1987; 6-2-1992 by L.L. No.
2-1992; 5-23-2006 by L.L. No. 2-2006]
A building in which is conducted the principal use of the
lot on which such building is located.
An establishment offering services to the general public
or the business community, except for an office of a physician, chiropractor,
dentist, psychologist, psychiatrist, ophthalmologist, optometrist,
optician, speech pathologist, speech audiologist, or other health-related
professional, or a veterinary office.
[Amended 4-7-1987 by L.L. No. 5-1987]
An establishment, including facilities for seasonal use,
organized for recreational or athletic purposes.
A portion of a building partly or wholly underground, having
half or more than half of its clear height below the average grade
of the adjoining ground. See also "basement."
A place containing graves or tombs for the interment of the
dead. Excluded are cemeteries not operated by religious uses or cemeteries
for animals.
A transfer from one person to another person of the right
to legal possession, whether by ownership, rental, or otherwise, of
any building, structure, or lot or portion thereof.
[Added 4-7-1987 by L.L. No. 5-1987]
A change in the use of a building, structure or lot or portion thereof which results in a difference in requirements for off-street parking as shown on the Schedule of Parking and Loading Requirements (§ 230-31) of this chapter.
[Added 4-7-1987 by L.L. No. 5-1987]
The mounting or installation of an additional antenna array
on an existing tower, building or structure for the purpose of transmitting
and/or receiving radio frequency signals for communications purposes,
provided that such existing tower, building or structure was previously
granted or deemed to have been granted a special permit as a wireless
telecommunications facility.
[Added 7-11-2017 by L.L.
No. 2-2017]
An establishment offering the use of horses for compensation.
A lot located at the junction of and fronting on two or more
streets intersecting at an angle of less than 135°.
An establishment for providing care for 10 or more children
operated in accordance with the Social Services Law of the State of
New York (see Social Services Law § 390). For the purposes
of this chapter, a nursery school shall be deemed to be a day-care
center.
[Added 12-13-1988 by L.L. No. 7-1988; amended 12-2-2014 by L.L. No. 5-2014]
A black, dark green, or dark brown plastic or metallic threaded
network or grid of at least 90% open construction.
[Added 11-17-2004 by L.L. No. 3-2004]
A business enterprise engaged primarily in the retail sale
of prepared food and beverages and in which tables, chairs or counters
for the consumption of food on the premises are not provided.
See "nonconforming, dimensionally."
See "nonconformity, dimensional."
A building that is operated by a school located on the same
lot, the purpose of which is only to provide living accommodations
for full-time students attending the school, adult staff residents
responsible for the overnight supervision of such students, and members
of the families of such adult staff residents.
[Added 9-9-1997 by L.L. No. 4-1997]
A driveway having two separate entrances onto any street or streets, as approved pursuant to § 230-34 of this chapter.
[Added 10-12-1999 by L.L. No. 1-1999]
A building containing a single principal dwelling unit and
occupied by only one family and located in its own separate building
which does not abut any other dwelling unit.
A building or portion thereof providing complete housekeeping
facilities for one family, including independent cooking, sanitary
and sleeping facilities, and physically separate from any other dwelling
unit, whether or not in the same building.
The lowest point of the roof of a building. However, for
a roof where any portion thereof is steeper than 15 on 12, the eave
shall be the point in the roof where the roof slope becomes steeper
than 15 on 12.
[Added 5-23-2006 by L.L. No. 2-2006]
A horizontal square wholly contained within the boundaries of a lot whose dimensions correspond to the minimum requirements for the district in which it is located, as specified in this chapter (and within which square there shall be one potential house site which is outside of the area regulated by Chapter 221, Wetlands, of the Code of the Village of Wesley Hills and which conforms to all requirements of applicable laws and regulations, as determined by the Planning Board).
[Added 7-8-1986 by L.L. No. 3-1986; amended 10-10-2001 by L.L. No.
2-2001]
Any structure, including but not limited to cabinets, shelters,
a build-out of an existing structure and pedestals, used to contain
ancillary equipment as part of a wireless telecommunications facility.
[Added 7-11-2017 by L.L.
No. 2-2017]
The natural surface of the ground as depicted by the topographic
data of the Rockland County Aerial 2000 Data, based on flight date
April 2000, or superior quality data such as an actual field survey
of existing conditions on or about that date, if available.
[Added 5-23-2006 by L.L. No. 2-2006]
The vertical distance of any single side of a building measured
from the highest point of the roof to the average finished grade on
that side of the building.
[Added 5-23-2006 by L.L. No. 2-2006]
Either:
[Amended 4-7-1987 by L.L. No. 5-1987]
A householder plus one or more persons related by blood, marriage
or adoption and limited to the spouse, parents or lineal descendants
of whatever generation of the householder, or of the householder's
spouse, living together as a single, not-for-profit unit sharing housekeeping
duties and cooking, eating, living, and recreational facilities; or
A group of persons headed by a householder caring for children
as the functional equivalent of one family in a single, not-for-profit
unit sharing housekeeping duties and cooking, eating, living and recreational
facilities; or
A maximum of five persons not sharing a relationship described
above, but living together as a bona fide single housekeeping unit
sharing housekeeping duties and cooking, eating, living, and recreational
facilities.
An establishment offering agricultural products grown or
raised on the premises for retail sale.[2]
[Amended 12-2-2014 by L.L. No. 5-2014]
Any structure, including a wall or gate, regardless of composition
except those comprised of living plants, that is erected or maintained
for the purpose of enclosing, separating or screening a piece of land
or to divide a piece of land into distinct portions.
[Added 10-13-2015 by L.L.
No. 1-2015]
The elevation of the completed surfaces of lawns, landscaped
areas, walks, driveways and parking areas or of the existing ground
where it remains undisturbed.
See "lot frontage."
See "lot line, front."
See "yard, front."
All impervious surfaces located within a front yard.
The total amount of front yard impervious surface on a lot
divided by the area of the front yard.
An establishment used for the sale of motor fuels and which
may include the sale of motor vehicle accessories and facilities for
lubricating, washing, or otherwise servicing motor vehicles, but not
including body work, major repair or painting.
The total floor area of all floors of all buildings on a
lot, including all areas with headroom of 75 inches or more. However,
for one-family detached dwellings, the total floor area shall not
include the floor area of garages, sheds, and accessory buildings
not used as a residence.
[Amended 3-12-1991 by L.L. No. 1-1991]
An establishment providing day-care services for children
within a single-family dwelling unit in accordance with § 390
of the Social Services Law of the State of New York.
[Added 12-13-1988 by L.L. No. 7-1988]
The uppermost story of a building under a sloping roof with
a minimum pitch of eight vertical to 12 horizontal and in which the
floor area with a ceiling height of 7 1/3 feet is 1/3 or less
of the floor area of the story below it.
[Amended 5-23-2006 by L.L. No. 2-2006]
Any business, professional, artistic or educational activity
conducted within a main building or an accessory building on a lot
by any of the residents of the dwelling unit on such lot, directed
toward the generation of a fee or other income (whether or not such
use is carried on for profit), which activity is clearly incidental
and subordinate to the use of such dwelling unit for dwelling purposes
and to the principal use of such lot for residential purposes, and
which activity does not change the character thereof.
[Added 10-12-1999 by L.L. No. 1-1999; amended 5-8-2001 by L.L. No.
1-2001]
A home business that is conducted without generating any
trips or requiring any visits (for any purpose, including pickups
or deliveries other than regular mail, commercial mail service, and
next-day courier service) by nonresidents of the dwelling unit on
the lot upon which the home business is located.
[Amended 10-12-1999 by L.L. No. 1-1999; 5-8-2001 by L.L. No.
1-2001]
An individual who resides in a dwelling unit and who owns,
rents or otherwise has legal possession of the unit.
[Added 4-7-1987 by L.L. No. 5-1987]
Those surfaces which do not absorb stormwater. All buildings,
parking areas, driveways, roads, sidewalks and any areas in concrete,
asphalt or packed stone shall be considered impervious surfaces within
this definition. In addition, other areas determined by the Village
Engineer to be impervious within the meaning of this definition will
also be classed as impervious surfaces.
The total amount of impervious surface on a lot divided by
the lot area.
A business enterprise primarily engaged in professional plant
and lawn health care operations, including the indoor or containerized
storage of plant health materials generally related to the operation
of landscape services and maintenance, and seasonal snowplowing services.
[Added 6-13-2006 by L.L. No. 3-2006]
An off-street space available for the loading or unloading
of goods, not less than 15 feet wide, 40 feet long, and with a minimum
overhead clearance of 14 feet.
A parcel of land, not divided by streets, together with such
yards as are required by the provisions of this chapter, and having
its principal frontage on a street or on such other means of access
as may be deemed in accordance with the provisions of law to be suitable
as a condition of the issuance of a building permit on the lot.
The total horizontal area included within the boundaries
of the lot.
The horizontal distance measured along the full length of
the front lot line of a lot.
A property line bounding a lot.
Any lot line separating the lot from the street.
The lot line which is generally opposite and parallel to
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 lot line, not less than
10 feet long, lying wholly within the lot and farthest from the front
lot line.
Any lot line other than a front lot line and the rear lot
line.
The distance measured along a line drawn parallel to the
front lot line at a distance equal to the minimum front yard requirement.
A building in which is conducted the principal use of the
lot on which such building is situated.
The following roads located within or adjacent to the Village
of Wesley Hills: Route 202, Route 306, Grandview Avenue, New Hempstead
Road, Union Road, Forshay Road, Wilder Road, Pomona Road (New Pomona
Road), Lime Kiln Road, Willow Tree Road, East Willow Tree Road, McNamara
Road (between New Hempstead Road and East Willow Tree Road only),
and Spook Rock Road.[3]
[Amended 12-13-1988 by L.L. No. 7-1988; 6-12-1990 by L.L. No.
3-1990; 6-11-1991 by L.L. No. 2-1991; 10-12-1999 by L.L. No.
1-1999; 6-13-2006 by L.L. No. 3-2006; 1-13-2009 by L.L. No.
1-2009]
The use of a single-family residence, on a regular basis,
subordinate to its use as a single-family residence, for an assembly
of people, provided that the portion of the building used for the
gathering does not exceed the lesser of 750 square feet or 15% of
the floor area of the building containing said residence and does
not exceed the percentage of use that would cause the building to
be out of compliance with all applicable building codes of New York
State, including, without limitation, the Residential Code of New
York State and the Existing Building Code of New York State, and further
provided that there is no intent thereby to generate fees for such
use of the premises. For the purpose of this definition, the phrase
"on a regular basis" shall mean such use for three or more days in
a week for more than two weeks in a year.[4]
[Added 1-13-2009 by L.L. No. 1-2009]
A freestanding pole having a single point of location on
the ground comprising a part of a wireless telecommunications facility.
For purposes of this chapter, the term "monopole" shall include, in
addition to the pole, all other components of the wireless telecommunications
facility.
[Added 4-8-1997 by L.L.
No. 2-1997; amended 7-11-2017 by L.L. No. 2-2017]
A group of property owners organized for recreational, athletic,
social or cultural purposes and including land, buildings, and facilities
located in the neighborhood in which the members reside.
[Amended 12-13-1988 by L.L. No. 7-1988]
The use of a building on a regular basis for an assembly
of people, which does not qualify as a minor neighborhood gathering.
In the event that a single-family residence is being used for the
neighborhood gathering, such use must be without any intent thereby
to generate fees for such use of the premises. For the purpose of
this definition, the phrase "on a regular basis" shall mean such use
for one or more days in a week for more than two weeks in a year.[5]
[Added 1-13-2009 by L.L. No. 1-2009]
See "nonconformity, dimensional."
A lot which does not conform to the dimensional requirements
of this chapter with respect to minimum lot area, minimum lot frontage,
minimum lot width, or minimum effective square.
[Added 10-12-1999 by L.L. No. 1-1999]
A use of a building, structure or land that does not conform
to the use regulations of this chapter, which use was lawful under
the zoning ordinance in effect at the time the use was established.
The status of a building or structure that is conforming
in use but does not conform to the lot dimension, yard dimension,
height, building coverage, floor area ratio, off-street parking, loading
or similar dimensional requirements of this chapter, and which conformed
to such dimensional requirements of the local law in effect at the
time such building or structure was established.
A corporation formed or existing under the Not-For-Profit
Corporation Law of New York State.
See "day-care center."
[Amended 12-13-1988 by L.L. No. 7-1988]
See "dwelling, one-family detached."
[Amended 12-2-2014 by L.L. No. 5-2014]
An off-street space available for the parking of one motor
vehicle on a transient basis.
[Amended 3-12-1991 by L.L. No. 1-1991]
A parking space located in a fully enclosed structure.
A person using the services of an establishment.
Any individual or group of individuals, corporation, partnership,
association, limited-liability company, trust, or any other entity,
including state and local governments and agencies.
[Amended 9-8-2020 by L.L. No. 2-2020]
Establishments that offer a service to the public, including
dry cleaners, barbershops, hairdressers, shoe repair shops, tailors
and seamstresses, but not including repair of automobiles or other
vehicles, laundromats, or betting parlors operated by the State of
New York.
The Planning Board of the Village of Wesley Hills.
Fertilizers, pesticides, and insecticides, including beneficial
insects, bacteria and fungi used to improve nutrient uptake, plant/soil
symbiosis, and the control of harmful pests and diseases related to
the operation of an arborist service, landscape service, or wholesale
nursery use.
[Added 6-13-2006 by L.L. No. 3-2006]
A not-for-profit corporation organized to cater exclusively
to its members and their guests, including land, buildings, and facilities
for recreational, athletic, social, professional and cultural purposes.
The members of the organization shall have a financial interest in,
and method of control of, the assets and management of the private
membership club.
An educational institution operated by a public school district
in accordance with the Education Law of the State of New York.
Any person duly authorized to furnish to the public, under
public regulation, electricity, gas, water, sewage treatment, steam,
cable TV or telephone or telegraph service.
See "lot line, rear."
See "yard, rear."
A vehicle, such as a camper or a motor home, used for traveling
or recreational activities.[6]
[Amended 12-11-2007 by L.L. No. 2-2007]
Facilities designed and used for active and passive participatory
athletic and general recreation activities, such as health clubs,
gymnasia, dance halls, skating rinks, swimming pools, tennis courts,
ball fields, bowling alleys and billiard rooms; excluded are facilities
intended for spectator activities such as stadia and arenas, and any
structure in which is maintained for the amusement, patronage or recreation
of the public more than three electronic games.
A business enterprise not including a bar or offering any
entertainment of any sort, engaged in serving and preparing food and
beverages selected from a full menu by patrons seated at a table or
counter, served by a waiter or waitress, and consumed on the premises.
Alcoholic beverages may also be sold for consumption on the premises.
A business enterprise primarily engaged in the retail sale
of food and beverages served in disposable containers and selected
by patrons from a limited number of prepared, specialized items such
as, but not limited to, hamburgers, chicken, fish and chips, pizza,
ice cream, tacos and hot dogs, for consumption either on or off the
premises, in a facility where a substantial portion of the sales to
the public is by stand-up service and does not include drive-in service.
The term "fast-food restaurant" shall not include bakeries, delicatessens,
or similar types of retail establishments.
Establishments that deal in the sale of goods directly to
the public, not including gasoline stations or the sale of pornographic
literature.
An occupant of a rooming unit.
One or more rooms, with or without private bathroom facilities,
but without cooking facilities, which are rented or available for
rent and which are located within a dwelling unit.
A device, generally parabolic in shape, the purpose of which
is to transmit and/or receive communication, data, or other signals
from satellites and/or land-based sources, but which does not include
conventional antennas intended to receive signals from television
broadcast stations or radio.
[Added 3-12-2002 by L.L. No. 1-2002]
An educational institution licensed by the New York State
Department of Education.
A group of architecturally unified commercial establishments
with a total gross floor area in excess of 25,000 square feet and
with at least 10 independent tenants, built on a site that is planned,
developed, owned, and managed as an operating unit related in its
location, size, and type of shops to the traveled area that it serves.
The unit provides on-site parking in definite relationship to the
types and total size of the stores.
[Added 3-12-1991 by L.L. No. 1-1991]
See "lot line, side."
See "yard, side."
Any structure, or part thereof, or any device attached thereto
or painted thereon, or any material or thing, illuminated or otherwise,
which displays or includes any numeral, letter, work, model, banner,
emblem, light, device, trademark or other representation used as an
announcement, designation, direction, display or advertisement of
any person, firm, group, organization, commodity, service, profession
or enterprise when placed in such a manner that it provides visual
communication to the general public out-of-doors.
The area which results from the multiplication of the outside
dimensions of a sign; the vertical, horizontal or diagonal supports
which may affix the sign to the ground or to a structure shall not
be included in determining these dimensions, unless such supports
are clearly a part of the message of the sign. Where a sign is on
a plate or outlined or framed, all of the area of such plate or the
area enclosed by such outline or frame shall be included. Where the
sign consists of individual letters or symbols attached to or painted
on a surface, the area shall be considered to be that of the smallest
single rectangle which encompasses all of the letters or symbols.
Where the sign consists of multiple plaques or parts, the sign area
shall be the total area of all such parts. The area of all signs that
can be seen from more than one side shall be considered to be the
area of the largest side on which the message appears.
The use of a one-family dwelling as a place where one family
actually resides.
[Added 6-12-1990 by L.L. No. 3-1990]
A map showing the design for the layout, arrangement and use of buildings and land, including accessory uses, facilities and services, and meeting the requirements of Article X of this chapter.
A device or combination of devices which relies upon solar
radiation as an energy source that is employed for the purposes of
the heating or cooling of a building, the heating of water or the
generation of electricity.
That portion of a building included between the upper surface
of any floor and the upper surface of the floor next above, except
that the topmost story shall be that portion of a building included
between the upper surface of the topmost floor and the ceiling or
roof above. If the average finished floor level directly above a basement
or cellar, measured along each exterior wall at four-foot intervals,
is more than six feet above the approved finished grade, such basement
or cellar shall be considered a story.
[Amended 4-7-1987 by L.L. No. 5-1987]
An existing state, county, town or Village highway or road,
or a way shown on a subdivision plat approved by the Planning Board
of the Village of Wesley Hills or Town of Ramapo, or on a plat duly
filed and recorded in the office of the County Clerk prior to the
appointment of the Planning Board of the Town of Ramapo and the grant
to such Board of the power to approve subdivision plats, including
all of the land within the right-of-way.
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground. Included are swimming pools and tennis courts, but
not anything requiring only simple paving or surfacing of the ground,
such as parking lots, driveways or sidewalks.
[Amended 10-12-1999 by L.L. No. 1-1999]
A structure (other than an accessory building) subordinate
to the main building on the lot and used for purposes customarily
incidental to that of the main building.
[Added 10-12-1999 by L.L. No. 1-1999]
Any structure designed and constructed to support an antenna
array.
[Added 7-11-2017 by L.L.
No. 2-2017]
A man-made body of water or receptacle for water having a
depth of more than 20 inches and a water surface area of more than
80 square feet and constructed, installed or maintained in or above
ground outside any building. For purposes of yard requirements, a
"swimming pool" shall include adjacent decks, patios, diving boards,
slides, equipment, machinery, and other appurtenances extending above
ground, but shall not include fences.
[Amended 3-12-2002 by L.L. No. 1-2002]
A "terrace" is a flat platform covered with a surface material.
A terrace which has a roof and which is attached to a building shall
be considered a porch.
The specific purpose for which land, water, a building or
a structure is designed, arranged, intended or for which it is or
may be occupied or maintained.
A use which is customarily incidental and subordinate to
the principal permitted use on the lot and located on the same lot
therewith, except that, where specifically provided, accessory off-street
parking need not be located on the same lot. An accessory use may
not be accessory to another accessory use.
The main use of a structure or lot.
A use allowed in a district, subject to the issuance of a special permit by the Planning Board in accordance with the provisions of Article VI of this chapter.
A business enterprise primarily engaged in wholesale nursery
sales and inventory maintenance, including, but not limited to, plants,
plant materials, mulch, stone, and other materials (including the
indoor or containerized storage of plant health materials) generally
related to the operation of a wholesale nursery.[7]
[Added 6-13-2006 by L.L. No. 3-2006]
Any personal wireless service as defined in the Federal Telecommunications
Act of 1996 which includes Federal Communications Commission (FCC)
licensed commercial wireless telecommunications services, including
cellular, personal communications services (PCS), specialized mobile
radio (SMR), enhanced specialized mobile radio (ESMR), paging and
similar services that currently exist or that may in the future be
developed.
[Added 7-11-2017 by L.L.
No. 2-2017]
An unstaffed facility for the transmission and/or reception
of wireless telecommunications services, or a wireless tower or base
station within the meaning of 47 U.S.C. § 1455(a), usually
consisting of an antenna array, connection cables and equipment facility,
and a support structure to achieve the necessary elevation.
[Added 7-11-2017 by L.L.
No. 2-2017]
Open space on the same lot as a building or structure, which
open space lies between the building or structure and the nearest
lot line. A yard shall be measured as the shortest distance between
the building or structure and the lot line.
A yard extending the entire length of the front lot line
and lying between the front lot line and the nearest part of the main
building.
A yard extending the entire length of the rear lot line and
lying between the rear lot line and the nearest part of the main building.
A yard between a side lot line and the nearest part of the
main building and extending from the front yard to the rear yard,
or, in the absence of either of such yards, to the front and rear
lot line, as the case may be.
[1]
Editor's Note: The definition of "Architectural Review Board,"
which immediately followed this definition, was repealed 9-12-2006
by L.L. No. 4-2006.
[2]
Editor's Note: The definitions of "floor area," amended 3-12-1991
by L.L. No. 1-1991 and 10-12-1999 by L.L. No. 1-1999, and "floor area
ratio," which immediately followed this definition, were repealed
5-23-2006 by L.L. No. 2-2006.
[3]
Editor's Note: The definition of "microwave receiving dish,"
which immediately followed this definition, was repealed 3-12-2002
by L.L. No. 1-2002.
[4]
Editor's Note: The definition of "minor religious use," added
12-13-1988 by L.L. No. 7-1988, which immediately followed this definition,
was repealed 1-13-2009 by L.L. No. 1-2009.
[5]
Editor’s Note: The former definition of “NIER,”
added 4-8-1997 by L.L. No. 2-1997, which immediately followed this
definition, was repealed 7-11-2017 by L.L. No. 2-2017.
[6]
Editor's Note: The definitions of "religious or neighborhood
gathering," added 12-13-1988 by L.L. No. 7-1988, and "religious use,"
as amended 6-12-1990 by L.L. No. 3-1990, which immediately followed
this definition, were repealed 1-13-2009 by L.L. No. 1-2009.
[7]
Editor’s Note: The former definitions of “wireless
communication services;” “wireless communication services
facility;” and “wireless communication services facility
(minor),” all added 4-8-1997 by L.L. No. 2-1997, which immediately
followed this definition, were repealed 7-11-2017 by L.L. No. 2-2017.
