Definitions. When used in this chapter, unless otherwise expressly
stated, the following words and terms shall have the meanings indicated:
ACCESSORY BUILDING
A subordinate building located on the same lot with the main
building, occupied by or devoted to a use which is customarily incidental
to the principal use; 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.
ACCESSORY USE
A use customarily incidental and subordinate to the principal
use and conducted on the same lot therewith.
AGRIBUSINESS OPERATION
Any business that supplies farms and agricultural operations
with needed supplies, implements and other products.
AGRICULTURAL OPERATION
The raising for compensation of crops, livestock and agricultural
or dairy products, fish or game, and the structures and storage incidental
thereto. The term includes plant, crop and tree growing and harvesting,
animal husbandry, horticulture, forestry, fish for bait or harvest.
The term does not include the operation of a hog or fur farm.
AGRICULTURAL PROCESSING PLANT
A large scale commercial or industrial operation for the
processing of animal products such as a slaughterhouse or dairy processing
facility, or a large scale facility for the processing of wheats or
grains for wholesale distribution. The term does not include farm
winery, farm distillery, farm brewery or farm cidery.
[Added 8-10-2016 by Amdt.
No. 38]
AGRICULTURAL USE
The raising of fruits, vegetables and the like for sale,
and structures incidental thereto, but not including the raising or
keeping of animals.
[Amended 8-10-2016 by Amdt. No. 38]
ALTER
To alter, change or rearrange any structural part of the
existing facilities of a building or structure, or to enlarge the
building or structure whether by extending any side or increasing
the height thereof, or to move the same from one location or position
to another.
AMUSEMENT AND RECREATIONAL FACILITIES
Any indoor place or enclosure in which is maintained or operated
for the amusement, patronage or recreation of the public. An amusement
center may include indoor commercial shooting ranges and indoor theaters.
ANIMAL CARE FACILITY
A structure, stable, veterinary facility or similar uses
orientated to the care or harboring of animals, whether commercial
or not-for-profit.
ANTENNA
A system of electrical conductors that transmit or receive
radio frequency waves.
[Added 5-10-2017 by Amdt.
No. 40]
AREA
(1)
LOT AREAThe total area contained within the property lines of an individual parcel of land.
(2)
BUILDING AREAThe total of areas taken on a horizontal plane at the main grade level of the building in question exclusive of uncovered decks, porches, patios, terraces and steps.
(3)
HEIGHTThe vertical distance to the highest point of the roof measured from the average level of the finished ground surface at the exterior walls of the building. Chimneys, elevator penthouses, ventilators and similar projections shall not be included in the measurement providing that such projection does not occupy more than 10% of the roof area nor exceed 10 feet in height.
(4)
COVERAGEThat percentage of the lot area covered by the building or buildings in question.
AUTOMOBILE SERVICE STATION
A building or place of business where gasoline, diesel fuel,
oil, lubricants, batteries, tires and/or automotive accessories are
supplied and dispensed directly at retail or where minor repair service,
lubrication, washing or polishing is rendered.
BED-AND-BREAKFAST
An owner-occupied one-family dwelling used for providing
overnight accommodations and a morning meal to not more than 10 transient
lodgers containing one but not more than five rental bedrooms for
such lodgers.
BOATHOUSE, MULTIPLE USE
A private boathouse that includes guest quarters (i.e., areas
for sleeping to include bathroom facilities which conform to New York
State code but specifically excluding kitchen facilities), decks,
gazebos and similar uses. Multiple use boathouses and guest quarters
are for private use only. The intent of this definition is to allow
reasonable use of a water-related structure but to prohibit a second
dwelling on a single lot.
BOATHOUSE, PRIVATE
A building, accessory to a dwelling, containing not more
than three slips, used exclusively for the noncommercial docking or
storage of motorboats, sailboats and other similar vessels.
BUFFER AREA
A designated area used to screen adjoining properties.
BUILDING
Any structure having a roof supported by columns or by walls
which is used or intended for use for the shelter, housing, protection
or enclosure of persons, animals or tangible property. The term, unless
differentiated, includes both principal and accessory buildings.
BUILDING, ACCESSORY
See "accessory building."
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
BUILDING LINE
The line determined by that portion of the structure that
is the furthest projecting point that is nearest to the lot line.
Such installations shall include cornices, chimneys, eaves, carports,
garages, decks, porches, breezeways, covered patios, terraces, open
areaways, roof overhangs and other similar protrusions.
BUILDING PERMIT
A permit issued by the Town of Clayton Building Code Office
pursuant to the New York State Uniform Fire Prevention and Building
Code and the New York State Department of Health.
BUILDING, PRINCIPAL
A structure in which is conducted the main, dominant or principal
use of the lot on which such structure is located.
BUNKHOUSE
A structure that contains guest quarters for sleeping that
may include bathroom facilities but specifically excluding kitchen
facilities.
BUS
A large multipassenger motor coach or omnibus used for the
regular conveyance of persons by road.
CAMPGROUND, COMMERCIAL
A property providing two or more sites for the parking of
occupied recreational vehicles, the erection of tents or other places
of temporary abode, as defined by the New York State Sanitary Code,
and all building and facilities pertaining thereto.
CAMPING UNIT
A tent, camping cabin, recreational vehicle or other type
of portable shelter intended, designed or used for temporary human
occupancy.
CAMPSITE
A portion of a campground, with or without connections to
water supply, electrical service or sewage systems, used by one camping
unit.
CARPORT
A roofed structure, with or without enclosing walls, used
for the storage of one or more automobiles.
CLUBHOUSE
A building to house a group of people formally organized
for a common interest, usually cultural, religious or entertainment,
with regular meetings and formal written membership requirements and
which is not adjunct to or operated by or in connection with a public
tavern, bar cafe or other public place.
COMMUNITY OR GOVERNMENTAL FACILITY
A building or use that is operated by a not-for-profit or
governmental unit for the general well-being, health, safety, welfare
and enjoyment of the public.
CONDOMINIUM
A multifamily dwelling in which the dwelling unit are individually
owned, not rented, as in an apartment building.
CONTIGUOUS
For the purposes of this chapter, when parcels of land are
within a distance of 500 feet of each other.
CONVERSION
The changing of use or occupancy of a building, structure
or land.
COTTAGE COLONIES
An aggregation of two or more cottages used for commercial
rental.
DANGEROUS USE
The manufacture, bulk storage or handling of explosives,
illuminating gases, lethal or toxic chemicals or other explosive,
combustible, flammable, lethal or toxic substances in such quantities
or in such manner that may or does endanger the public safety. The
term does not include the operation of a retail gasoline station.
DECK
Any outside, uncovered, aboveground platform six inches or
higher used as a floor.
DWELLING
A building designed or used primarily as living quarters
for one or more families. The term shall not be deemed to include
tents, travel trailers, recreational vehicles or other places of temporary
abode.
(1)
DWELLING, SINGLE-FAMILYA detached building, designed for or occupied exclusively by one family and containing not more than one dwelling unit having a minimum of 720 square feet of floor area at ground level exclusive of garages, porches and other similar accessory attachments.
(3)
DWELLING, MULTIFAMILYA building or portion thereof containing three or more dwelling units and designed or used for occupancy by three or more families living independently of each other.
DWELLING UNIT
Any building or portion thereof providing complete living
facilities for one family.
ERECT
To construct, build, re-erect, reconstruct, rebuild or excavate
for a building or structure.
FAMILY
One or more persons living together as a single housekeeping
unit.
FARM
Any parcel of land containing not less than 10 acres that
is used for gain in raising agricultural products, livestock, poultry
or dairy products. It includes necessary farm structures, including
those for the storage of farm equipment. It excludes the raising of
fur-bearing animals, hog farming, riding academies, livery or boarding
stables and dog kennels.
FARM WINERY/DISTILLERY/BREWERY/CIDERY
An agricultural operation for the growing of grapes, apples
or other crops such as grains and berries, and the preparation, processing,
marketing, and distribution of wine, beer or other alcoholic beverages
and ciders, in addition to all uses that are permitted by the Farm
Winery Act of 1976 or the New York Craft Act of 2014.
[Amended 8-10-2016 by Amdt. No. 38]
FLEA MARKET
A lot, or any portion thereof, designed, arranged or used
for the permanent outdoor/indoor display and/or sale at retail of
assorted goods, offered by the property owner and/or his lessee(s).
FOUNDATION
A wall or pier having a fixed location on the ground and
capable of serving as a support for a structure or structural part
of a building, such as a wall, pier or column.
FRONT YARD
The yard between the front building line and the front lot
line and extending the full width of the lot.
FUEL STORAGE TANK(S), LARGE
A container used or intended to be used for the storage of
petroleum products, holding 550 gallons or more.
FUR FARM
Any lot or building or portion thereof used or occupied for
raising or keeping for compensation of rabbits, foxes, minks, chinchillas,
skunks or other fur-bearing animals.
GARAGE, COMMERCIAL
A building or premises designed or used for the storage,
repair and/or servicing of motor vehicles for hire.
GARAGE, PRIVATE
A building containing not more than three stalls or bays,
used exclusively for the noncommercial parking or storage of motor
vehicles, boats, trailers, or household goods.
GARAGE SALE
Includes all general sales, open to the public, for the purpose
of disposing of personal property, including but not limited to garage,
lawn, yard, attic, porch, rummage, or like sales. This does not include
merchandise that was purchased for resale or obtained on consignment.
GASOLINE SERVICE STATION
Any lot or building or portion thereof used or occupied for
the sale or supply of gasoline or motor vehicle fuels, oils, lubricants,
or for the polishing, greasing, washing or servicing of motor vehicles.
GREENHOUSE
A building made mainly of translucent, weather-resistant
material, in which the temperature and humidity can be regulated for
the cultivation of delicate or out-of-season plants for commercial
use.
HIGH WATER MARK
That point on the shoreline of the St. Lawrence River or
its tributary waterways reached by the highest historically recorded
water level of said river, established by chart datum of the United
States Army Corps of Engineers and determined by the sloping surface
of said river with Lake Ontario at a level of 248.58 (243.28 + 5.30)
feet above mean sea level at Father Point, Quebec (International Great
Lakes Datum, 1985).
HOG FARM
A commercial operation having more than 15 resident pigs
three months of age or older.
HOME OCCUPATION
An accessory use of a service character customarily conducted
entirely within a dwelling and/or appurtenant structures by the residents
thereof, which is clearly secondary to the use of the dwelling for
living purposes and does not change the character thereof or have
any exterior evidence of such secondary use other than an approved
small sign and the parking spaces associated therewith.
HOSPITAL
Any hospital, sanatorium or other institution used or occupied
for the care of persons mentally or physically ill, incapacitated
or disabled. The term includes nursing and convalescent homes.
HOTEL, MOTEL AND RESORTS
A building or group of buildings, whether in detached or
connected units, with or without direct outside access, used primarily
to provide sleeping accommodations, with or without restaurant facilities,
for the transient public and including accessory off-street parking
facilities and/or docking.
INDUSTRIAL OPERATION, HEAVY (HEAVY INDUSTRY)
A use engaged in the basic processing and manufacturing of
materials or products predominantly from extracted or raw materials
or a use engaged in storage of or manufacturing processes using flammable
or explosive materials or storage or manufacturing processes that
potentially involve hazardous or commonly recognized offense conditions.
[Added 4-26-2016 by Amdt.
No. 39]
INDUSTRIAL OPERATION, LIGHT (LIGHT INDUSTRY)
A use engaged in the manufacture, predominantly from previously
prepared materials, of finished products or parts, including processing,
fabrication, assembly, treatment, packaging, incidental storage, sales
and distribution of such products, but exclusive of basic industrial
processing and storage of flammable or toxic materials. "Light industry"
is also exclusive of uses that require heavy, noisy or otherwise objectionable
disturbances, such as vibration, dust and odors.
[Added 4-26-2016 by Amdt.
No. 39]
INDUSTRIAL USE
A use consisting of either heavy industry or light industry.
[Added 4-26-2016 by Amdt.
No. 39]
INN
An establishment which provides not more than 16 rooms for
hire for overnight accommodations within a single building.
[Added 8-10-2016 by Amdt.
No. 38]
INSTRUMENT
Any structure attachment intended to measure atmospheric
conditions, take photographs, antennas, or similar uses with minimal
moving parts.
[Added 5-10-2017 by Amdt.
No. 40]
JUNKYARD/SALVAGE YARD
A lot, land or structure, or portion thereof, used primarily
for the collecting, storage and sale of wastepaper, rags, scrap metal
or other scrap or discarded material, or for the collecting, dismantling,
storage and salvaging of machinery, implements or vehicles not in
running condition, and for the sale of parts thereof. Not to include
an establishment devoted solely to receiving recyclable cans and bottles
or one for recycling electronic equipment.
KENNEL
Any commercial establishment, including cages, animal runs
and structures where animals are harbored, bred or boarded.
LANDFILL AND/OR DUMP
A lot or portion thereof used primarily for disposal by abandonment,
dumping, burial, burning or any other means, and for whatever purpose,
of garbage, offal, sewage, trash, refuse, junk, discarded machinery,
vehicles or parts thereof, or waste material of any kind.
LAUNDROMAT
Business premises equipped with individual clothes washing
and drying machines for the use of retail customers, exclusive of
laundry facilities provided as an accessory use in an apartment house
or hotel.
LEAD AGENCY
The governmental agency that oversees the environmental impact
process and makes final decisions.
LOT
A parcel of land used or occupied or capable of being used
or occupied by one or more buildings or structures and the accessory
buildings, structures or uses customarily incidental to it, including
such yards and open spaces as required by this chapter.
LOT COVERAGE
The percentage of the total lot area that is occupied by
the ground area of a building and its accessory buildings, if any.
LOT DEPTH
The mean horizontal distance between the front and rear lot
lines, measured in the direction of the side lot lines.
LOT LINE
Any boundary of a lot dividing one lot from another, or from
the street or roadway, or from the St. Lawrence River or other waterway.
(1)
LOT LINE, FRONTThe lot line adjoining any street line or road right-of-way line or waterfront property line at the high water mark. Where a lot adjoins two or more streets or roadways, it shall be deemed to have a front lot line respectively on each.
(3)
LOT LINE, SIDEAny lot line other than the front or rear lot lines shall be deemed a side line.
LOT OF RECORD
Any lot which, individually by way of a deed or as part of
a subdivision, has been recorded in the office of the Jefferson County
Clerk, or which is the subject of a valid and legally executed contract
for land purchase, said recording or contract execution having taken
place prior to the adoption of this chapter; provided, further, that
said lot, whether created by deed, subdivision or land contract, was
in conformance with all legal requirements in effect at the time of
its creation.
LOT WIDTH
The distance between the boundaries of a lot measured at
their points of intersection with the street or road right-of-way
line and/or at their points of intersection with the property line
along the waterfront.
MANUFACTURING FACILITY
Any building or structure designed and/or used for an industrial
use.
[Added 4-26-2016 by Amdt.
No. 39; amended 5-10-2017 by Amdt. No. 40]
MARINA
Any lot, building, structure, pier, dock or portion thereof
located on the waterfront providing facilities for the sale, rental,
docking, secure mooring and/or storage of yachts, cruisers, motorboats,
sailboats and other vessels, as well as supplies, service, fueling,
repair and other related facilities and/or operations necessary to
maintain such craft.
MARINE MANUFACTURING
The fabrication of goods or articles that are directly related
to a water-dependent use.
MEDICAL FACILITY
Any building or group of buildings used or intended to be
used for the health care of individuals.
MOBILE HOME
A residential structure containing at least 480 square feet
of interior living space, factory-produced on a steel undercarriage
with the necessary wheel assembly for transportation to a permanent
or semipermanent site. The wheel assembly can be removed when placed
on a permanent foundation, but the steel undercarriage remains as
a necessary structural component.
MOBILE HOME PARK
Any lot on which two or more mobile homes are located regardless
of whether or not a charge is made for such lot accommodations.
MODULAR HOME
A dwelling, factory produced for transportation to a permanent
site. The entire structure will be produced and assembled according
to New York State standards for modular homes. The intent of this
definition is to allow installation of modular homes constructed to
standards equal to those required on site built dwelling.
MOTOR VEHICLES, INOPERATIVE
Any motor vehicle not on the premises of a licensed dealer
which is unregistered for a period of six successive months or longer.
As related to agricultural and other special uses, any motor vehicle
incapable of motion under its own power and/or no longer in condition
for legal use.
NONCONFORMING BUILDING OR STRUCTURE
A building or structure the size, dimension or location of
which was lawful prior to the adoption or amendment of this chapter
but which fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption or amendment.
NONCONFORMING USE
A use of land, building or structure lawfully existing at
the time of enactment or amendment of this chapter which does not
conform to the regulations of the district or districts in which it
is located by reason of such adoption or amendment.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
NOXIOUS USE
Any use that is noxious, offensive or injurious by reason
of the emission of dust, smoke, refuse matter, odor, gas, fumes, noise
or vibration. The term includes the operation of a fur farm, hog farm,
rendering works or slaughterhouse.
NURSERY SCHOOL
A facility duly licensed or approved by the New York State
Department of Education for the daytime accommodation and/or instruction
of two or more children under the age of six years.
NURSING OR CONVALESCENT HOME
A building other than a hospital where persons, except for
the mentally ill, mentally handicapped and/or drug or alcohol abuse
patients, are lodged, furnished with meals and nursing or custodial
care for payment or compensation.
OVERLAY DISTRICT
A zoning district that encompasses one or more underlying
zoning districts and that imposes additional requirements above that
required by the underlying zoning district.
PARCEL
That portion of land falling under a single deed of ownership.
If a parcel is dissected by a roadway, stream or other man-made or
natural feature(s) it is still deemed to be one parcel.
PARKING SPACE
An off-street space available for parking of one motor vehicle
and having an area of at least 200 square feet with a minimum of 10
feet wide, exclusive of passageways and having direct access to a
street or highway.
PATIO
An uncovered area adjacent to a house for outdoor lounging,
dining or entertainment.
PICNIC SHELTER
A covered structure, completely or partially open on at least
three sides, for the seasonal serving and consumption of food and
beverages.
PLACE OF PUBLIC ACCOMMODATION
An establishment either affecting interstate commerce or
supported by state action, and falling into one of the following categories:
(1)
A lodging for transient guests located within a building with
more than five rooms for rent;
(2)
A facility principally engaged in selling food for consumption
on the premises, including such facilities located within retail establishments
and gasoline stations;
(3)
Any place of exhibition or entertainment;
(4)
Any establishment located within an establishment falling into
one of the first three categories, and which holds itself out as serving
patrons of that establishment; or
(5)
Any establishment that contains a covered establishment, and
which holds itself out as serving patrons of that covered establishment.
PORCH
A covered entrance to a building, usually projecting from
the wall and having a separate roof.
PRESCHOOL
Early childhood educational facility specializing in children
age three through five years of age or until eligible for kindergarten.
PROFESSIONAL OFFICE
The business place of an accountant, architect, attorney,
chiropractor, dentist, engineer, optometrist, physician, psychologist,
social worker, surgeon or surveyor or any other professional.
PROFESSIONAL OFFICE IN PLACE OF ABODE
The business place of a duly licensed accountant, architect,
attorney, chiropractor, dentist, engineer, optometrist, physician,
psychologist, social worker, surgeon, surveyor or other like professional
employing no more than one employee, conducted as an accessory use
entirely within a dwelling by the resident(s) thereof, which is clearly
secondary to the use of the dwelling for living purposes, and does
not change the character thereof or have any exterior evidence of
such secondary use other than an approved small sign and the parking
spaces associated herewith.
PUBLIC ACCESSIBLE PLACE
Any land or structure that is open to the general public,
such as a public road, park, public school, recreation area, conservation
area, or place of public accommodation such as a restaurant or hotel,
excluding private retail and service businesses, offices, and other
private property which is open to the public.
PUBLIC UTILITY
A private business, often a monopoly, which provides services
so essential to the public interest as to enjoy certain privileges
such as eminent domain and be subject to such governmental regulation
as fixing of rates, and standards of service. Characteristics of the
public utility include:
[Amended 4-26-2016 by Amdt. No. 39]
(1)
Operation under a franchise, subject to some measure of public
regulation;
(2)
The product of the utility must be piped, wired, or otherwise
served to each user;
(3)
The supply must be maintained at a constant level to meet minute-by-minute
need;
(4)
The user has no alternative source; and
(5)
The supplier commonly has no alternative means of delivery.
PUMP HOUSE
A small building or structure, no more than 100 square feet
in gross floor area designed to shelter or house the necessary pump(s)
and equipment for pumping water for private domestic household use
only.
QUARRY, SAND PIT, GRAVEL PIT AND TOPSOIL STRIPPING
A plot of land or any portion thereof used for the purpose
of extracting quantities of stone, sand, gravel, clay or topsoil,
as defined under New York State Environmental Conservation Law, exclusive
of the process of preparing a lot prior to the construction of a building
or structure thereon or of grading the site following completion of
construction.
RECREATIONAL FACILITY
A publicly, quasi-publicly or privately owned and operated
swimming pool, defined space, tennis court, athletic field, playground
or other similar facility, operated for the general public or members
of a private organization such as a country club.
RECREATIONAL VEHICLES
A vehicular camping unit primarily designed as temporary
living quarters for recreational, camping, travel or seasonal use
that either has its own motive power or is mounted on or towed by
another vehicle. Recreational vehicles include, but are not limited
to, camping trailers, fifth-wheel trailers, motor homes, park trailers,
travel trailers, and truck campers.
RESTAURANT/BAR
A building or portion thereof where food and beverages, whether
or not alcoholic, are sold to the public.
RESTAURANT, DRIVE-IN
Premises constructed to cater primarily to the motoring public
whether or not serving pedestrians as well as the automobile trade,
and used for sale to the public of any food, beverage or other consumable
and providing curb and/or inside seating service.
RIGHT-OF-WAY
An area of land dedicated to infrastructure, including, but
not limited to, streets, sewer lines, water lines, electric lines
and gas lines.
SELF-STORAGE FACILITY
A building or group of buildings containing separate, individual,
and private storage spaces of varying sizes available for lease or
rent for varying periods of time.
SETBACK
The horizontal distance from the lot line to that portion
of a building or structure, or any appurtenance thereto, that is nearest
to such lot line.
SHOALS AND SMALL ISLANDS
Any landmass in the St. Lawrence River or its tributary waterways
with less than one acre in area above the high water mark.
SHOPPING CENTER
A group of stores, shops and similar commercial establishments
occupying adjoining structures or adjoining portions of a single architectural
unit that is planned, developed, owned and managed as an operating
unit, together with its related loading areas, parking spaces, walkways
and access roadways.
SIGN
Any kind of billboard, signboard, pennant or other shape,
device or display used as an advertisement, announcement or direction.
Such a device may be incorporated on a building surface, attached
thereto or freestanding.
SIGN, FREESTANDING
Any sign supported by its own base(s) or hung from above
in cantilever fashion from a building.
SMALL COMMERCIAL ENTERPRISE
A business intended to sell and trade retail goods, products
or services to residents of the immediate community. Such enterprises
shall include grocery stores, boat storage operations, small implement
dealers, small manufacturing operations, restaurants, beauty parlors
and barber shops and similar businesses but shall not include industrial
or machine and welding shops.
SMALL MANUFACTURING OPERATION
A business intended to manufacture items for sale or trade.
The operation shall occupy a building area on no more than 2,000 square
feet nor employ no more than two employees.
SMALL TOWN ATMOSPHERE
The ability of a group of people, in a defined area, with
varied backgrounds and social status, to coexist in harmony and with
respect for their neighbor's beliefs and desires. This would include
the respect for neighboring property and the owner's stewardship of
it.
SMOKESTACK
Commercial- or industrial-scale smoke, exhaust or other gaseous
waste chimney, associated with an incinerator, power generation plant,
or other large-scale combustion source.
[Added 5-10-2017 by Amdt.
No. 40]
STORAGE BUILDING, SMALL
A structure of 150 square feet or less in area that is used
to house tools, implements and other material for yard and garden
use.
STREET LINE
The dividing line between the street or road right-of-way
and the lot. The street line shall be the same as the legal right-of-way.
STRUCTURE
Anything constructed, erected or moved onto a site, the use
of which requires location on the ground, or attachment to something
having location on the ground. The term includes buildings, dwelling
units, swimming pools, stadiums, towers, billboards, signs, freestanding
antennas and flagpoles, but is not intended to include sidewalks,
driveways, curbs, fences or hedges.
STRUCTURE HEIGHT
The height of the tall structure above the average grade
at the base, inclusive of instruments and wind turbine blades at their
highest elevation.
[Added 5-10-2017 by Amdt.
No. 40]
STRUCTURE, STATIC
Any structure with all attached instruments having no moving
parts more than one meter in diameter.
[Added 5-10-2017 by Amdt.
No. 40]
STRUCTURE, TALL
Any structure taller than generally permitted within a zoning
district.
[Added 5-10-2017 by Amdt.
No. 40]
SWIMMING POOL
Any fabricated receptacle for water, or excavation designed
to contain water having a depth at any point greater than two feet,
used or intended to be used for swimming or bathing, and constructed,
installed or maintained in or above ground outside any building.
TELECOMMUNICATION FACILITY
Any commercial equipment used in connection with the provision
of wireless communication services, including cellular telephone service,
personal communications services, radio and television broadcast communications
and private radio communications services that are regulated by federal
laws. A telecommunication facility shall include towers and other
structures, including supporting masts and wires, on which transmitting
and/or receiving antenna(s) are located as well as antenna and accessory
facilities such as transmission equipment and storage buildings.
THEATER, DRIVE-IN
An open lot or portion thereof, with its appurtenant facilities,
devoted primarily to the showing of motion pictures or theatrical
productions on a paid admission basis, to patrons seated in automobiles
or on outdoor seats.
TOURIST ACCOMMODATIONS
Any permanent building or part thereof that is used or occupied
for overnight accommodations of transient guests for compensation.
The term includes bed-and-breakfast, tourist homes, tourist cabins,
hotels, auto courts and motels but does not include camps or campgrounds.
TRAILS, MULTI-USE
Trails used for hiking, jogging, biking, skiing, walking,
all-terrain vehicles, snowmobiles and other similar recreational uses
and located on property dedicated to such uses and open to the public.
Lot size and setbacks shall not apply to such trails.
TRUCKING TERMINAL
Any lot, building, structure or portion thereof where two
or more tractor trailers or similar large trucks are parked or located
for any period of time as a base of operation, regardless of whether
said vehicles are serviced or maintained at the site, and regardless
of whether loading, transferring or other shipping activities are
carried on at the site.
USE
The specific purpose for which any land, building or structure
is utilized, designed, arranged, intended or occupied.
USE, ACCESSORY
See “accessory use.”
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
USE, PERMITTED
Any use permitted under the provisions of this chapter for
the district in which the land, building or structure is located.
USE, PRINCIPAL
The main, dominant or principal purpose for which any land,
building or structure is used, utilized, employed or occupied.
VARIANCE
A permit for a land use otherwise forbidden by this chapter.
(1)
AREA VARIANCEA permit for relief from the dimensional standards contained in this chapter.
(2)
USE VARIANCEA permit to utilize property for a use or activity not allowed by this chapter.
WALL
A construction of wood, stone or other materials or combination
thereof intended for security, screening, partitioning or enclosure,
or for the retention of earth, stone, fill or other materials as in
the case of retaining walls or bulkheads.
WASTE MATTER
Any refuse, rubbish, litter, garbage, decomposable or organic
matter, putrescible matter, carcasses, sewage, excrement, sludge,
slops, dredging spoils, hazardous liquid or substance, ashes, tin
cans, plastic containers, crates, boxes or other material offensive
to the public or detrimental to its health, safety, welfare and/or
aesthetic values.
WATERFRONT PROPERTY LINE
That line along the front yard of waterfront property determined
by the official high water mark as established by International Great
Lakes Datum. (See definition of "high water mark.")
WIND ENERGY FACILITY
Any wind energy conversion system, small wind energy conversion
system, or wind measurement tower, including all related infrastructure,
electrical lines and substations, access roads and accessory structures.
YARD
An unoccupied space, open to the sky, on the same lot with
a building or structure.
YARD, SIDE
That portion of a lot between the side lot line and the nearest
side building line and extending from the rear line of the front yard
to the front line of the rear yard.
ZONING PERMIT
A permit issued pursuant to the regulations of this chapter
to allow a specified use or the construction and/or placement of a
building, structure or other facility.