Unless the context otherwise requires, the following
definitions shall be used in the interpretation and construction of
this chapter:
ACCESS DRIVE
A paved surface, other than a street, which provides vehicular
access from a street or private road to a lot.
ACCESSORY APARTMENT
A separate dwelling unit, in conformity with §
240-47, which is subordinate in size and intensity of use to the primary use of the building in which it is located.
ACCESSORY EQUIPMENT
Any equipment servicing or being used in conjunction with
a wireless telecommunications facility or wireless support structure.
The term includes utility or transmission equipment, power supplies,
generators, batteries, cables, equipment buildings, cabinets and storage
sheds.
[Added 5-8-2019 by L.L.
No. 3-2019]
ACCESSORY STRUCTURE
A structure detached from a principal building on the same
lot and serving a purpose customarily incidental and subordinate to
the principal building or use.
ACCESSORY USE
A use of land or of a building or portion thereof customarily
incidental and subordinate to the principal use of the land or building
and located on the same lot with such principal use.
ACTIVE RECREATION
Active recreational endeavors of the type accommodated by
public parks and recreation areas and/or accommodated by public buildings,
structures and improvements of the type recommended by any recreation
master plan of the Town, including activities such as exercise, sports,
playgrounds, swimming, and related active or social activities.
[Amended 6-23-2010 by L.L. No. 2-2010]
ADAPTIVE REUSE, REUSE
Contemporary use of an existing building or structure for
a use other than that for which it was originally designed, intended
or occupied, e.g., use of a former barn as a commercial building.
This shall include the expansion of the existing building or structure
by not more than 25% of the existing gross floor area.
[Added 5-23-2018 by L.L.
No. 6-2018]
ALLEY
A right-of-way that is primarily intended to provide a secondary
means of access to abutting properties and is not intended for general
traffic circulation.
ALTERATION
Any deliberate change made to an existing site, development,
structure, or natural feature which alters the appearance, use, or
functionality of the structure or feature.
ANIMATED AND MOVING SIGN
Any sign or part of a sign that changes physical position
or light intensity by any movement or rotation or that gives the impression
of such movement or rotation. This may include but is not limited
to flags having commercial messages and all pennants, banners, streamers,
propellers and discs, as well as flashing signs, signs with illuminated
elements that are used to simulate the impression of motion and searchlights.
[Added 5-23-2018 by L.L.
No. 6-2018]
ANTENNA
A device, including but not limited to whips, dishes, and
panels, which is attached to a structure, for transmitting and receiving
electromagnetic waves.
APARTMENT
One or more rooms with private bath and kitchen facilities
constituting an independent, self-contained dwelling unit in a building
containing three or more dwelling units.
AQUIFER
An underground bed or stratum of earth, gravel or porous
stone that contains water.
ATTACHED DWELLING
A building containing three or more dwelling units each separated
by at least one party wall.
[Added 12-14-2016 by L.L.
No. 7-2016]
AUTO REPAIR, MAJOR
General repair to automobiles, rebuilding or reconditioning
of engines, transmissions, drive trains, ignition systems, upholstery,
exhaust systems, the dismantling or temporary storage of inoperable
or wrecked vehicles to the minimum extent necessary to perform services,
or any other automotive operation requiring the overnight keeping
of vehicles. Auto body repair and collision repair is excluded from
this category.
[Added 9-10-2014 by L.L. No. 4-2014]
AWNING OR VALANCE SIGN
A sign with its copy on a shelter made of any nonrigid material,
such as fabric or flexible plastic that is supported by or stretched
over a frame and attached to an exterior wall of a building or other
structure. Individual letters, words or symbols may be affixed or
applied to any surface. An awning or valance sign is a nonfreestanding
sign.
[Added 5-23-2018 by L.L.
No. 6-2018]
BANNER
A sign composed of nonrigid material such as cloth, plastic,
fabric or paper with no supporting framework.
[Added 5-23-2018 by L.L.
No. 6-2018]
BASE STATION
A structure or equipment at a fixed location that enables
Commission-licensed or authorized wireless communications between
user equipment and a communications network. The term does not encompass
a tower as defined in this subpart or any equipment associated with
a tower.
[Added 5-8-2019 by L.L.
No. 3-2019]
A.
The term includes, but is not limited to, equipment associated
with wireless communications services such as private, broadcast,
and public safety services, as well as unlicensed wireless services
and fixed wireless services such as microwave backhaul.
B.
The term includes, but is not limited to, radio transceivers,
antennas, coaxial or fiber-optic cable, regular and backup power supplies,
and comparable equipment, regardless of technological configuration
(including distributed antenna systems and small cell networks).
C.
The term includes any structure other than a tower that, at the time the relevant application is filed with the Town of LaGrange pursuant to this section, supports or houses equipment described in Subsections
A and
B of this definition that has been reviewed and approved under the applicable zoning or siting process, even if the structure was not built for the sole or primary purpose of providing such support.
BED-AND-BREAKFAST
An owner-occupancy residence resulting from a conversion
of a one-family dwelling, used for providing overnight accommodations
and a morning meal to not more than 10 transient lodgers and containing
not more than five bedrooms for such lodgers.
[Amended 9-10-2014 by L.L. No. 4-2014]
BENCH SIGN
Any sign painted on or otherwise attached to a bench or other
seat meant to be seen by the public. The sign must be a plaque no
taller than the size of the bench slats and containing letters no
taller than the size of the slats identifying that the bench has been
donated and by whom.
[Added 5-23-2018 by L.L.
No. 6-2018]
BILLBOARD
An off-premises sign that is leased or rented for profit.
[Added 5-23-2018 by L.L.
No. 6-2018]
BLADE SIGN
See "projecting or shingle or blade sign." For the purpose
of this code a blade sign is a type of wall sign.
[Added 5-23-2018 by L.L.
No. 6-2018]
BOARDING STABLE
A structure designed for the feeding, housing and exercising
of horses that are not owned by the owner of the premises.
BOARD OF APPEALS
An officially constituted body whose principal duties are
to grant variances from the strict application of this chapter.
BOX SIGN
A sign enclosed by a case with internal illumination and
plastic facing.
[Added 5-23-2018 by L.L.
No. 6-2018]
BUFFER STRIP
Vegetated land area used to visibly separate one use from
another or to shield or block lights, noise or other nuisances.
BUILDING
Any structure having a roof supported by columns or walls,
used or intended to be used for the shelter or enclosure of persons,
animals or property.
BUILDING INSPECTOR
The individual designated by the Town Board to enforce provisions
of the Building Code.
BUILDING LINE
A line on a lot which is parallel to or concentric with a
street right-of-way line where the lot has frontage and which does
not extend into the area required for a setback from the center line
or right-of-way line of a public road.
BUILDING SQUARE
The minimum area of a lot, having dimensions as specified
in Schedules B1 and B2, in which a building may be sited. No portion of this minimum
building square shall contain, include or be encumbered by any of
the following environmental constraints: wetlands, water bodies, one-hundred-year
floodplains or slopes of 25% or more along at least a forty-foot continuous
distance within the building square (i.e., measured by utilizing two-foot
contours, the building square includes at least one ten-foot change
in elevation, or greater, over that 40 feet).
[Amended 8-27-2008 by L.L. No. 7-2008; 4-11-2012 by L.L. No. 5-2012; 9-10-2014 by L.L. No. 4-2014]
BULK REGULATIONS
Standards that control the height, density, intensity and
location of structures.
BULLETIN BOARD
A particular type of changeable copy sign that displays copy
in a casement made of glass, Plexiglas or other materials. It identifies
the institution or organization on the premises on which it is located,
and it contains the name of the institution or organization, the name
of individuals associated with it, and general announcements of events
or activities occurring at the institution or similar messages.
[Added 5-23-2018 by L.L.
No. 6-2018]
BUSINESS TEMPORARY SIGN
A temporary sign for the purposes of advertising a special
sale or event on the same premises.
[Added 5-23-2018 by L.L.
No. 6-2018]
CABANA/POOLHOUSE
A detached accessory building on a parcel of land improved
by a single-family residence only. For the purpose of this Code a
cabana/poolhouse shall only be permitted as an amenity to an existing
inground pool. Cabana features may include changing rooms, a bathroom,
a gathering space, a bar, a barbeque grill, a small kitchen, pool
equipment, and entertainment electronics such as a TV, computer and
sound system.
[Added 9-10-2014 by L.L. No. 4-2014]
CENTRAL SEWER (COMMUNAL SEWAGE SYSTEM)
A system utilized for the collection and disposal of sanitary
sewage, including the various devices for the treatment of such wastes,
owned and operated by a person other than a municipality or sewerage
works corporation and not an individual or public sewerage system,
and which may serve three families or more, greater than 10 people,
or having a flow of 1,000 gallons or greater per day.
CHANGE IN USE
Any change in the use or occupancy of land, buildings and other structures as follows (see §
240-27):
A.
A change in a use listed on one line of Schedule
A1, A2 or A3 to a use listed on another line, when the off-street parking
or loading standards applicable to the new use differ from the preceding
use.
[Amended 9-10-2014 by L.L. No. 4-2014]
B.
A change to a use for which approval of a site
plan is required under this chapter when such plan was not required
for the preceding use.
[Amended 5-23-2018 by L.L. No. 6-2018]
C.
A change in existing site development that is
subject to approval of a site plan.
[Amended 5-23-2018 by L.L. No. 6-2018]
D.
A change in use or site development that would
modify conditions imposed on or stipulations made by an applicant
in connection with the approval of a special use permit or site plan.
[Amended 5-23-2018 by L.L. No. 6-2018]
CHANNEL SIGN
A nonfreestanding sign that is an internally illuminated
sign whose shape conforms to the letter or letters which make up the
copy of the sign.
[Added 5-23-2018 by L.L.
No. 6-2018]
CHILD-CARE CENTER
A private establishment enrolling four or more children between
two and five years of age where tuition, fees or other forms of compensation
for the care of the children is charged and which is licensed or approved
to operate as a child-care center.
CIVIC SIGN
A sign whose purpose is to identify a civic building such
as a school, place of worship, government office or fraternal lodge.
[Added 5-23-2018 by L.L.
No. 6-2018]
CLUBHOUSE
A building, or portion thereof, used by a club (a group of
people organized for a common purpose to pursue common goals, interests,
or activities and usually characterized by certain membership qualifications,
payment of fees and dues, regular meetings, and a constitution and
bylaws).
CLUSTER DEVELOPMENT
A residential subdivision of a tract of land where housing
units are grouped on lots of reduced dimensions. The remaining land
in the tract which is not built upon is reserved as permanently protected
open space.
CODE ENFORCEMENT OFFICER
A member of the Code Enforcement Personnel appointed pursuant to Chapter
83 of the Code of the Town of LaGrange.
[Added 8-26-2009 by L.L. No. 3-2009]
COLLOCATION
The use of a single mount on the ground by more than one
utility carrier and/or several communication mounts on an existing
building or structure by more than one utility carrier.
COLLOCATOR
A carrier that locates equipment for providing a utility
service upon an existing structure.
COMMERCIAL KENNEL
A commercial enterprise in which five or more pets that are
more than four months of age, including but not limited to dogs, cats
and other small animals, are kept overnight for the primary purpose
of boarding or breeding for which a fee is charged or paid.
[Added 9-10-2014 by L.L. No. 4-2014]
COMMON AREA
An area of land, contiguous or noncontiguous, which is held
in common ownership by all owners or tenants within a land development
(subdivision or building) either by percentage interest or a management
organization/homeowners association and available for use by all owners
or tenants, groups of owners or tenants, and their invitees. The management
organization/homeowners association is responsible for maintenance
of the common area(s) as well as some insurance and reserves for replacement
of any improvements or amenities contained within it.
[Added 12-14-2016 by L.L.
No. 7-2016]
COMMUNICATIONS TOWER
Any tower whose primary use is to support equipment and signals
used for communications.
COMMUNITY EVENT TEMPORARY SIGN
A temporary sign informing the public of an organized not-for-profit
community event (e.g., carnival, blood drive, parade, community day
or race).
[Added 5-23-2018 by L.L.
No. 6-2018]
COMPATIBILITY
With regard to development, the characteristics of different
land uses or activities that permit them to be located near each other
in harmony and without conflict; with regard to buildings, harmony
in appearance of architectural features in the same vicinity.
CONDOMINIUM
A building, or group of buildings, in which dwelling units,
offices, or floor areas are owned individually and the structure,
common areas, and facilities are owned by all the owners on a proportional,
undivided basis.
CONFERENCE CENTER
A facility consisting of open rooms which can be arranged
as meeting rooms, lecture rooms, display and exhibition halls to meet
the specific needs of the user for conducting business, professional
and educational meetings, conferences and seminars. Dining and food
service may be provided. Conference centers may also be located within
a hotel or inn as defined in this chapter.
[Added 9-10-2014 by L.L. No. 4-2014]
CONGREGATE HOUSING FACILITY
A type of housing in which each individual has a private
bedroom and shares with other residents the common dining room, recreation
room or other facilities.
[Added 9-10-2014 by L.L. No. 4-2014]
CONSTRUCTION SIGN
A temporary sign identifying individuals or companies involved
in design, construction, wrecking, financing or development work when
placed upon the premises where that work is under way. For the purpose
of this code, a construction sign is not a spike sign.
[Added 5-23-2018 by L.L.
No. 6-2018]
CONVENIENCE STORE
A retail business offering common grocery products, such
as but not limited to beer, milk, beverages, limited household items,
candy and snack foods, self-serve coffee, newspapers and magazines,
sandwiches and other prepared foods, to patrons purchasing relatively
few items on a convenience basis generally for off-site consumption.
Where any component of the convenience store proposes to include a
food service business or a fast-food restaurant as defined in this
chapter, then each of the combined uses shall be treated as a separate
and independent use to the effect that each use, e.g., convenience
store and a fast-food restaurant component, must satisfy the provisions
of this chapter which regulate that use.
[Added 9-10-2014 by L.L. No. 4-2014]
COVERAGE
That percentage of the plot or land area covered by the building
area.
DBH
The diameter at breast height of trees. This commonly used
abbreviation is to provide a common standard by which to measure trees.
DECIBEL (db)
A unit of sound pressure level. The noise level in an average
residence is about 50 decibels.
DIRECTIONAL SIGN
An on-premises sign for the convenience of the public. Such
signs give directions or information about a facility, such as the
location of exits, entrances, parking lots, and amenities. The intent
is to encourage proper circulation. It may not contain advertising
copy. A directional sign is an informational sign.
[Added 5-23-2018 by L.L.
No. 6-2018]
DIRECTORY SIGN
A facade or wall sign located on the exterior facade of an
office building that identifies the building tenants and their location
within the building. A directory sign is a nonfreestanding sign.
[Added 5-23-2018 by L.L.
No. 6-2018]
DISSOLVE
A mode of message transition on an electronic message display
accomplished by varying the light intensity or pattern, where the
first message gradually appears to dissipate and lose legibility simultaneously
with the gradual appearance and legibility of the second message.
[Added 5-23-2018 by L.L.
No. 6-2018]
DISTRIBUTED ANTENNA SYSTEM (DAS)
A network of spatially separated antenna nodes connected
to a common source via a transport medium that provides wireless service
within a geographic area or structure.
[Added 5-8-2019 by L.L.
No. 3-2019]
DISTRICT
A part, zone or geographic area within the municipality with
which certain zoning or development regulations apply.
DRIVE-IN RESTAURANT
An eating establishment with facilities devoted to the preparation,
sales and service of food, refreshments, ice cream, edibles or nonalcoholic
drink to patrons for consumption on the premises which permits or
encourages consumption of such food and refreshments in parked or
standing vehicles or informally outdoors. A drive-in restaurant shall
be construed to include any form of drive-in, open-front, curb-service
eating establishment or refreshment stand. Any drive-in restaurant
proposing to distribute food or beverage at a drive-through service
facility as defined in this chapter shall be considered to be a fast-food
restaurant.
[Added 9-10-2014 by L.L. No. 4-2014]
DRIVE-THROUGH SERVICE FACILITY
A window or device in, at or through which a business provides
services or the delivery of goods from inside a building to persons
in a vehicle, and including all related access lanes, vehicular stacking
spaces, drive-through aisles, bypass lanes, drive-through discharge
lanes, canopies, message boards, automated banking teller devices,
communication speakers, curbing, landscaping, lighting, pedestrian
crosswalks, and other structures, equipment or site development for
the drive-through function.
[Added 9-10-2014 by L.L. No. 4-2014]
DRIVEWAY
A private road connecting a dwelling, building, or other
structure with a road shown on an approved plat, a Town road, a county
road, or a state highway.
DWELLING
Any building that contains one or more dwelling units used,
intended, or designed to be built, used, rented, leased, let or hired
out to be occupied for living purposes.
[Amended 9-10-2014 by L.L. No. 4-2014]
DWELLING UNIT
A single unit providing complete independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation. Dwelling units include,
but are not limited to, one-family dwellings, each unit in a two-family
dwelling, each unit in a multiple single-family dwelling (townhouse),
an accessory apartment, rental apartment, carriage unit, and bed-and-breakfast
dwellings.
[Amended 9-10-2014 by L.L. No. 4-2014]
EFFECT
A visual effect on an electronic message display applied
to a single frame to attract the attention of viewers.
[Added 5-23-2018 by L.L.
No. 6-2018]
ELECTION YARD SIGN
A temporary sign announcing or supporting political candidates
or issues in connection with any national, state, or local election.
[Added 5-23-2018 by L.L.
No. 6-2018]
ELECTRONIC MESSAGE DISPLAY (EMD)
A sign capable of displaying words, symbols, or figures that
can be electronically or mechanically changed by remote or automatic
means.
[Added 5-23-2018 by L.L.
No. 6-2018]
EQUIPMENT SHELTER
An enclosed structure, cabinet, shed, or box within which
are housed batteries, electrical equipment, and other devices needed
in the operation of communications equipment.
ESSENTIAL SERVICES
The erection, construction, alteration, or maintenance by
public utilities or the Town or other governmental agencies of underground,
surface or overhead electrical, gas or water transmission or distribution
systems, including poles, wires, mains, drains, sewers, pipes, conduits,
cables, fire alarm boxes, police call boxes, traffic signals, hydrants,
and other similar equipment and accessories, in connection therewith
reasonably necessary for the furnishing of adequate service by such
public utilities or Town or other governmental agencies or for the
public health or safety or general welfare, but not including buildings.
EVENT SIGN
See "private sale or event sign."
[Added 5-23-2018 by L.L.
No. 6-2018]
EXTERNALLY ILLUMINATED SIGN
Any sign that is illuminated by a light that reflects off
the surface of the sign and shall not exceed six-inch spillage.
[Added 5-23-2018 by L.L.
No. 6-2018]
FACADE
Typically the front of a building; however, any building
square on view is considered a facade (see definitions below).
A.
FACADE, FRONTAny facade with a main public entrance that faces one of the primary streets.
B.
FACADE, REARAny facade without public entry that does not face a public road.
C.
FACADE, SIDEAny facade without public entry but facing a public road.
FACADE OR WALL SIGN
A sign that is permanently affixed to the face of any exterior
wall or door of a building or fence, is mounted parallel to the surface
of the building so that only one side is visible to the public. (See
Figure 3, Sign Types.) A facade, wall or gable sign is a nonfreestanding sign.
A wall sign and/or a gable sign are a facade sign.
[Added 5-23-2018 by L.L.
No. 6-2018]
FADE
A mode of message transition on an electronic message display
accomplished by varying the light intensity, where the first message
gradually reduces intensity to the point of not being legible and
the subsequent message gradually increases intensity to the point
of legibility.
[Added 5-23-2018 by L.L.
No. 6-2018]
FAMILY
A person, a group of related persons, or a group of not more
than five persons who need not be so related who are living together
as a single housekeeping unit maintaining a common household. A person
to whom rooms are let in a dwelling unit as permitted by this chapter
is not considered a member of a family for the purpose of this definition.
FARM
An area of land consisting of not less than seven acres,
unless the parcel is located in a state-certified agriculture district,
where crops are grown or animals are reared for commercial purposes,
together with appropriate buildings. Nothing herein shall be deemed
to prohibit gardening, the raising of animals as may be regulated
elsewhere in the Code, or other agricultural activities conducted
for private use or consumption as an accessory use to a dwelling.
[Added 9-10-2014 by L.L. No. 4-2014]
FARM/FARM STAND SIGN
A sign identifying the presence of a customary farming operation,
accessory farm stand or a community facility use.
[Added 5-23-2018 by L.L.
No. 6-2018]
FAST-FOOD RESTAURANT
Any franchise or nonfranchise enterprise where pay-before-consumption
expedited meals are offered from a counter-type installation, or from
an accessory drive-through service facility, from which quickly prepared
or preprepared food and/or beverages are ordered from a limited menu
of items which are typically distributed in plastic or paper packaging,
and which are taken away from the counter by the customer for consumption
on or beyond the site, whether or not interior seating facilities
are provided without table service. Any business proposing to distribute
food or beverage at a drive-through service window shall be considered
to be a fast-food restaurant.
[Amended 9-10-2014 by L.L. No. 4-2014]
FLASHING SIGN
Any directly or indirectly illuminated sign which exhibits
either changing natural or artificial light or color effects by any
means whatsoever or which includes lights or messages that change,
flash, blink or turn on and off intermittently, but specifically excluding
time and temperature signs which display no other text or images.
Flashing signs are a type of illuminated sign.
[Added 5-23-2018 by L.L.
No. 6-2018]
FLOODWAY
The channel of a natural stream or river and portion of the
floodplain adjoining the channel, which are reasonably required to
carry and discharge the floodwater or flood flow.
FOOD SERVICE BUSINESS
A business, other than a restaurant, fast-food restaurant
or drive-in restaurant, providing for carryout food and beverage,
such as but not limited to bakeries, delicatessens, coffee shops,
pizzerias and ice cream parlors, which may be components of grocery
stores, food markets, convenience stores and gas marts and may provide
limited seating for up to 12 customers without table service. A food
service business shall not include a drive-through service facility
as defined in this chapter. Any food service business proposing to
distribute food or beverage at a drive-through service facility as
defined in this chapter shall be considered to be a fast-food restaurant.
[Added 9-10-2014 by L.L. No. 4-2014]
FOOTCANDLE
The unit of illumination when the foot is unit of length.
FRAME
A complete, static display screen on an electronic message
display.
[Added 5-23-2018 by L.L.
No. 6-2018]
FREESTANDING SIGN
The general term for any sign that is permanently affixed
to the ground. The sign is supported on a footing, foundation, pedestal
or by one or more posts and is not attached to a building or any other
independent structure. Ground signs, monument signs, pole signs, and
post-and-arm signs are all classified as freestanding signs.
[Added 5-23-2018 by L.L.
No. 6-2018]
FUEL DISPENSER
A piece of equipment installed at a gas station to dispense
gasoline or other fuels, for the purpose of refueling motor vehicles.
[Added 5-23-2018 by L.L.
No. 6-2018]
GABLE SIGN
A sign generally in the triangular portion of a wall between
the edges of intersecting roof pitches. A gable sign is a type of
facade/wall sign.
[Added 5-23-2018 by L.L.
No. 6-2018]
GARAGE
A structure which is accessory to a residential building
and which is used for the parking and storage of vehicles owned and
operated by the residents thereof.
GAS MART
A gasoline filling station with associated retail offering
of items typically found within a convenience store as defined in
this chapter. Where any component of the gas mart proposes to include
a food service business or a fast food restaurant as defined in this
chapter, then each of the combined uses shall be treated as a separate
and independent use to the effect that each use, e.g., gas mart and
a fast-food restaurant component, must satisfy the provisions of this
chapter which regulate that use.
[Added 9-10-2014 by L.L. No. 4-2014]
GAS STATION CANOPY
A roof structure protecting the fuel dispenser island(s)
from the elements.
[Added 5-23-2018 by L.L.
No. 6-2018]
GAS STATION CANOPY SIGN
A sign printed on or attached to a canopy over fuel dispensers.
[Added 5-23-2018 by L.L.
No. 6-2018]
GLARING SIGN
A sign with light sources or which reflects brightness in
a manner that constitutes a hazard or nuisance. This includes a sign
with fluorescent text, graphics or background, as well as a holographic
sign. Glaring signs are a type of illuminated sign.
[Added 5-23-2018 by L.L.
No. 6-2018]
GOVERNMENT SIGN
A sign erected by government agency, including a traffic,
safety, railroad crossing or identification sign for public facilities;
any sign erected by the Town or any other government agency; and any
sign mandated by a governmental unit.
[Added 5-23-2018 by L.L.
No. 6-2018]
GROUND SIGN
A sign mounted on short supports or posts and which is independent
of any other structure. (See Figure 3:2, Sign Types.) A ground sign is a freestanding sign.
[Added 5-23-2018 by L.L.
No. 6-2018]
HALO SIGN
A sign with individual and dimensional letters that is backlit
and designed so no light projects through the sign and the light source
is fully obscured within the letters of the sign.
[Added 5-23-2018 by L.L.
No. 6-2018]
HAMLET
An existing or planned settlement that is smaller-scale,
with a pattern of development that is in a more compact form (meaning
higher levels of building coverage), with predominantly residential
uses, along with one or more community- or business-related functions,
so that the development is to some degree in a mixed-use form.
HANDBILL
See "poster or handbill."
[Added 5-23-2018 by L.L.
No. 6-2018]
HANDICAPPED PARKING SPACE SIGN
A sign identifying a parking area reserved for handicapped
individuals. A handicapped parking space sign is an informational
sign.
[Added 5-23-2018 by L.L.
No. 6-2018]
HILLTOP
An area of higher elevation, as designated on Map A included
as part of this section.
HOME OCCUPATION
Any use customarily conducted entirely within the principal
structure or accessory structure as provided for in this chapter and
carried out by the inhabitants thereof, which use is clearly incidental
and secondary to the residential use of the principal structure and
does not change the character thereof.
HOME OCCUPATION SIGN
A sign containing only the name and occupation of a permitted
customary home occupation. A home occupation sign is a personal sign.
[Added 5-23-2018 by L.L.
No. 6-2018]
HOTEL
A building or part thereof containing six or more rooms,
without individual kitchen facilities, occupied or to be occupied
primarily by transients for sleeping purposes for compensation, and
where there may be a general kitchen, dining room and other public
rooms for the use of all guests.
[Added 9-10-2014 by L.L. No. 4-2014]
HOUSEHOLD
All of the people who occupy a housing unit as their usual
place of residence. A family household includes one or more people
living in the same household who are related by birth, marriage or
adoption.
IDENTIFICATION SIGN
A sign giving the nature, logo, trademark, or other identifying
symbol, address, or any combination of the name, symbol and address
of a building, business, development or establishment on the premises
where it is located. An identification sign is an informational sign.
[Added 5-23-2018 by L.L.
No. 6-2018]
ILLUMINATED SIGN
A sign illuminated in any manner by an artificial light source,
whether internally or externally lit, including but not limited to
a neon sign, light-emitting diode and any sign that has characters,
letters, figures, designs or outlines illuminated by artificial lighting.
Externally illuminated signs, flashing signs, glaring signs and internally
illuminated signs are types of illuminated signs.
[Added 5-23-2018 by L.L.
No. 6-2018]
IMPERVIOUS SURFACE
A nonporous surface that prevents or substantially reduces
the infiltration of stormwater. Impervious surfaces include, for example,
asphalt, concrete, brick, plastic, rooftops, parking areas, gravel
roads, dirt roads, and walkways and shall exclude landscaped areas,
lawns, and surface water retention/detention facilities.
INCOME, MODERATE
Income of a household or family at or below 80% of the area
median income as defined by the U.S. Department of Housing and Urban
Development (HUD).
IN-FILL DEVELOPMENT
The use of vacant land, the reuse or change of use of a previously
developed parcel or group of parcels, or the intensification of use
or change of use by remodeling or renovating an entire structure.
INFLATABLE SIGN
Any display capable of being expanded by air or other gas
and used on a permanent or temporary basis to promote a product or
event.
[Added 5-23-2018 by L.L.
No. 6-2018]
INFORMATIONAL SIGN
Public or private directional, street or traffic signs; address
numbers; names of buildings, rooms, etc.; and other signs of a similar
nature. Directional signs, handicapped parking space signs, identification
signs, instructional signs, private drive signs, and security and
warning signs are types of informational signs.
[Added 5-23-2018 by L.L.
No. 6-2018]
INN
A commercial facility, resembling in character traditional
residential construction, providing lodging and meals, which is characterized
by common dining facilities and a common leisure room available for
use by lodgers and the general public.
[Amended 9-10-2014 by L.L. No. 4-2014]
INSTITUTIONAL USE
A nonprofit or quasi-public use, such as a religious institution,
library, public or private school, hospital, or government-owned or
-operated structure or land used for public purpose.
INSTRUCTIONAL SIGN
An off-premises sign that provides direction or instruction
to guide persons to facilities or amenities intended to serve the
public (e.g., restrooms, public telephones, public walkways, public
parking areas, public recreational areas and community amenities,
maps, or transportation schedules). An instructional sign is an informational
sign.
[Added 5-23-2018 by L.L.
No. 6-2018]
INTERNALLY ILLUMINATED SIGN
Any sign where the source of the illumination is inside the
sign and light emanates through or behind the message of the sign,
including glowing neon or gas-filled tubes.
[Added 5-23-2018 by L.L.
No. 6-2018; amended 11-28-2018 by L.L. No. 14-2018]
JUNKYARD
Any area, lot, land, parcel, building or structure or part
thereof used for the storage, collection, processing, purchase, sale
or abandonment of wastepaper, rags, scrap metal or other scrap or
discarded goods, materials, machinery, or two or more unregistered,
inoperable motor vehicles or other type of junk.
KITCHEN
An area used, or designated to be used, for the preparation
of food, containing components for cooking, cleaning, and refrigeration.
[Added 9-10-2014 by L.L. No. 4-2014]
LCD ADVERTISING MONITOR
Advertising screen to display engaging content, capture audience,
promote business, products or service.
[Added 5-23-2018 by L.L.
No. 6-2018]
LCD DISPLAY
A flat-panel display or other electronically modulated optical
device that uses the light-modulating properties of liquid crystals.
[Added 5-23-2018 by L.L.
No. 6-2018]
LIGHT-EMITTING DIODE (LED)
An electronic device that emits light. LEDs can produce several
different colors, including white, red, green, and blue (RGB) light.
[Added 5-23-2018 by L.L.
No. 6-2018]
LIGHT INDUSTRY
Industrial uses that meet the performance standards, bulk
controls and other requirements established in this chapter.
LOT
A parcel of land, legally created by subdivision, not divided
by streets, devoted or to be devoted to a particular use or occupied
or to be occupied by a building and its accessory buildings, together
with such open space as is required under 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 adequate as a condition of the issuance of a building permit
for a building or buildings on such land.
A.
LOT, CORNERA lot abutting upon two or more streets at their intersection or upon two parts of the same street forming an interior angle of less than 135º degrees. The point of intersection of the street lot lines is the "corner."
B.
LOT DEPTHThe mean horizontal distance between the front and rear lot lines.
C.
LOT LINESThe property lines bounding the lot.
(3)
LOT LINE, SIDEAny lot other than a front or rear lot line. A side lot line separating a lot from a street is called a "side street lot line."
D.
LOT WIDTHThe distance between the two side lot lines measured at the required setback line.
LOT, NONCONFORMING
Any district lot validly created according to the Town's
subdivision rules and regulations which does not conform with the minimum width, depth,
and area dimensions specified for the district in which said lot is
located.
MARKET RATE HOUSING
The estimated price of a unit of housing available on the
open market within a specific geographic area, where the cost of housing
is without any encumbrances or limitations on the (re)sale value or
use of the housing unit.
MARQUEE SIGN
Any sign attached to a covered structure projecting from
and supported by a building with independent roof and drainage provisions
and which is erected over a doorway or doorways as protection against
the weather. A marquee sign is a nonfreestanding sign.
[Added 5-23-2018 by L.L.
No. 6-2018]
MEMORIAL SIGN
A sign, tablet, or plaque memorializing a person, event,
structure, or site.
[Added 5-23-2018 by L.L.
No. 6-2018]
MIXED USE
A tract of land or building or structure with a variety of
complementary and integrated uses, such as, but not limited to, residential,
office, manufacturing, retail, public, or entertainment.
MOBILE HOME
A movable or portable dwelling designed for year-round living,
other than a modular or sectional home, connectable to utilities and
designed so that it does not necessarily need a permanent foundation.
MODEL HOME
A single-family residential-type structure, or a sample residential
unit within a structure, constructed to be used as an example, for
the public at large, of a housing unit product offered by the person
or entity maintaining occupancy of the premises.
MONUMENT SIGN
A sign in which the entire base is in contact with the ground,
standing on a foundation, which exists below grade. Monument signs
incorporate architectural design elements compatible with the principal
building; such as columns, pilasters, pediments, finials and using
brick or natural stone as a pedestal with landscaping to soften the
overall impact.
[Added 5-23-2018 by L.L.
No. 6-2018]
MOTEL
A hotel having an outside entrance for each sleeping unit
and provided with automobile parking spaces directly accessible to
each such unit.
[Added 9-10-2014 by L.L. No. 4-2014]
MOTOR VEHICLE REPAIR
The lubricating, washing, adjusting and service of motor
vehicles, including the replacement of parts and the repair and painting
of the frame and body of motor vehicles.
MOVING SIGN
See "animated or moving sign."
[Added 5-23-2018 by L.L.
No. 6-2018]
MULTIFAMILY DWELLING
A group of dwelling units on one lot, containing independent
and separate living units for three or more families, having separate
or joint entrances, which may be located vertically above one another
and which may include apartments, condominiums and co-ops. For the
purposes of this Code, townhouses are not defined as multifamily dwellings.
[Amended 12-14-2016 by L.L. No. 15-2016]
NAMEPLATE
A sign indicating the address, number and/or name of occupants
of the premises which does not include any commercial advertising
or other identification. A nameplate is a personal sign.
[Added 5-23-2018 by L.L.
No. 6-2018]
NEON SIGN
Electric signs lighted by long luminous gas-discharge tubes
that contain rarefied neon or other gases. Neon signs are a type of
internally illuminated sign.
[Added 5-23-2018 by L.L.
No. 6-2018]
NET DENSITY
The density allowed by permitting only those lots that would be accepted by the Planning Board for a standard plan. Said layout will consider limitations caused by steep slopes, wetlands, floodplains and other constraints and will meet the requirements for a preliminary layout under Chapter
203, Subdivision of Land.
NEW BUSINESS TEMPORARY SIGN
A temporary sign whose purpose is to identify a business
prior to a permanent sign being erected.
[Added 5-23-2018 by L.L.
No. 6-2018]
NIGHTCLUB
A business enterprise which provides live or mechanical music
or theatrical entertainment and permits dancing in connection with
the service of food or beverage. The term "nightclub" shall include
cabarets, dance halls, discotheques or other similar establishment.
[Added 9-10-2014 by L.L. No. 4-2014]
NONCOMMERCIAL SIGN
A sign containing copy that does not promote a business,
commodity, service, or entertainment.
[Added 5-23-2018 by L.L.
No. 6-2018]
NONCONFORMING SIGN
A sign of a size or type not permitted in the district in
which it is situated or which is improperly located or which is nonconforming
in any other way. A nonconforming sign is a sign legally established
prior to the effective date of Local Law No. 6 of 2018.
[Added 5-23-2018 by L.L.
No. 6-2018]
NONCONFORMING USE
Any use of a building, structure, or tract of land otherwise
lawfully established but which does not conform to the regulations
for the district in which such is located, either at the effective
date of this chapter or as a result of subsequent amendment(s) thereto.
NONFREESTANDING SIGN
Any sign that is affixed in any way to a building or structure
and that is not permanently affixed to the ground or its own foundation.
Awning valance signs, directory signs, facade or wall signs, marquee
signs, projecting or shingle signs, roof signs, sandwich board signs,
and window signs are nonfreestanding signs.
[Added 5-23-2018 by L.L.
No. 6-2018]
NONRESIDENTIAL
Activities within land areas that are not developed or zoned
for a permanent place of abode.
NONRESIDENTIAL SIGN IN RESIDENTIAL DISTRICT
A sign containing language to promote a business, commodity,
service or entertainment in a residential district, requiring a special
permit.
[Added 5-23-2018 by L.L.
No. 6-2018]
NUISANCE
An interference with the enjoyment and use of property.
OBSTRUCTIVE SIGN
A sign erected or maintained at any road intersection or
in a roadway in a manner as to obstruct free and clear vision of the
intersection.
[Added 5-23-2018 by L.L.
No. 6-2018]
OFFICE
The principal use of the structure, a room, a group of rooms,
or building used for the conducting of affairs of a business profession,
service, industry or government, not including any use listed separately
in the permitted and special use permit page.
OFFICE PARK
A large tract of land that has been planned, developed, and
operated as an integrated facility for a number of separate office
buildings and supporting ancillary uses, with special attention to
circulation, parking, utility needs, aesthetics, recreation amenities,
and compatibility.
OFF-PREMISES SIGN
A sign, graphics, or a display for commercial, industrial,
institutional, service or entertainment purposes, promoting products
or services conducted, sold or offered somewhere other than upon the
same premises where the sign is located and whose purpose is to sell
or identify a product, service or activity.
[Added 5-23-2018 by L.L.
No. 6-2018]
ON-PREMISES SIGN
Sign, graphics, or a display for commercial, industrial,
institutional, service, or entertainment purposes, promoting products,
uses or services conducted, sold or offered upon the same premises
where the sign is located and whose purpose is to sell or identify
a product, service, or activity.
[Added 5-23-2018 by L.L.
No. 6-2018]
OPAQUE BACKGROUND
A background through which light cannot penetrate.
[Added 5-23-2018 by L.L.
No. 6-2018]
OPEN SPACE
Land in its natural state and containing no buildings or
structures other than land containing limited improvements in support
of agriculture, recreation or resource protection. Open space is generally
unimproved land set aside, dedicated, designated, or reserved for
public or private use or enjoyment or for the use and enjoyment of
owners, occupants, and their guests.
OUTDOOR DEPOSIT
Any place of deposit or storage, not in an enclosed building
or not under a structure having a roof, of merchandise, supplies,
wastes, machinery or equipment and including the manufacture, processing
or assembling of goods not in an enclosed building or not under a
structure having a roof; provided, however, that the following are
excluded from the definition of outdoor deposit:
A.
The parking of registered motor vehicles and
trailers in daily use.
B.
The deposit or storage in connection with a
customary farming operation or accessory farm stand.
C.
The storage and stockpiling of earth materials
in connection with authorized extraction of natural resources.
D.
The deposit and storage in connection with authorized
construction of buildings, structures and site development.
OUTDOOR SPORTS AND/OR RECREATION
Commercial facilities developed on properties containing
15 acres or more, designed and used for participatory outdoor athletic
and general recreation activities, and not defined and addressed elsewhere
in this chapter, excluding the use of gasoline-powered vehicles.
[Added 12-14-2016 by L.L.
No. 15-2016]
PASSIVE RECREATION
Activities that involve relatively inactive or less energetic
activities, such as walking, sitting, picnicking, and board and table
games.
PENNANT SIGN
Any geometric-shaped cloth, fabric, or other lightweight
material normally fastened to a stringer and secured or tethered to
allow movement of the sign caused by the atmosphere.
[Added 5-23-2018 by L.L.
No. 6-2018]
PERSONAL SIGN
(For residential and home occupation uses) A nameplate or
home occupation sign. Nameplates and home occupation signs are personal
signs.
[Added 5-23-2018 by L.L.
No. 6-2018]
PLANNING BOARD
The duly appointed Planning Board of the Town of LaGrange.
POLE SIGN
A sign that is mounted on a freestanding pole or other support
of narrow width so that the bottom edge of the sign face is eight
feet or more from grade level. A pole sign is a freestanding sign.
[Added 5-23-2018 by L.L.
No. 6-2018]
PORTABLE SIGN
A sign that is not permanent, affixed to a building, structure,
or the ground.
[Added 5-23-2018 by L.L.
No. 6-2018]
POST-AND-ARM SIGN
A sign that has a vertical post of narrow width to which
a perpendicular arm is attached and from which a sign hangs. A post-and-arm
sign is a freestanding sign.
[Added 5-23-2018 by L.L.
No. 6-2018]
POSTER or HANDBILL
Any temporary sign affixed to any structures, trees or other
natural vegetation, rocks or poles.
[Added 5-23-2018 by L.L.
No. 6-2018]
PRINCIPAL BUILDING
A structure in which is conducted the principal use of the
site on which it is situated. In any residential district any dwelling
shall be deemed to be a principal building on the lot on which the
same is located.
PRIVATE DRIVE SIGN
A sign installed by a residential landowner to identify a
private driveway by name.
[Added 5-23-2018 by L.L.
No. 6-2018]
PRIVATE ROAD SIGN
A sign that identifies a road that is maintained by a private
company or homeowners' association and not maintained by a local government
agency.
[Added 5-23-2018 by L.L.
No. 6-2018]
PRIVATE SALE OR EVENT SIGN
A temporary sign advertising private sales of personal property,
such as house sales, garage sales, rummage sales, and the like, or
private not-for-profit events, such as picnics, carnivals, bazaars,
game nights, art fairs, craft shows, and Christmas tree sales.
[Added 5-23-2018 by L.L.
No. 6-2018]
PROJECTING OR SHINGLE OR BLADE SIGN
A sign which is supported by an exterior wall of a building
or other structure and which is constructed and displayed perpendicular
to the face of the building or other structure so that both sides
of the sign are visible. A projecting or shingle or blade sign is
a nonfreestanding sign.
[Added 5-23-2018 by L.L.
No. 6-2018]
PUBLIC SEWER
A sewage conveyance, treatment and disposal system, owned
and operated by a municipality or public sewer district, supported
by mandatory sewer charges and/or by the real property tax.
PUBLIC WATER
A water source and/or supply system, owned and operated by
a municipality or public water district, supported by mandatory water
charges or by the real property tax.
PUBLIC WELL
A hole or shaft sunk into the earth to tap an underground
supply of water for general public consumption, which is owned and
operated by a municipality.
REAL ESTATE SIGN
A temporary sign advertising the sale, lease or rental of
the property or premises upon which it is located. For the purpose
of this code, a real estate sign is not a spiked sign.
[Added 5-23-2018 by L.L.
No. 6-2018]
REPEATER
A receiver/relay transmitter designed to enhance the strength
of a signal(s) that is transmitted from a different location. Signal
strengths must comply with FCC regulations.
RESIDENTIAL CARRIAGE UNIT or CARRIAGE UNIT
A dwelling unit located primarily on the second floor of a building, the first floor of which is devoted primarily to garage uses and which conforms to Town Code §
240-60.
[Added 9-10-2014 by L.L. No. 4-2014]
RESIDENTIAL DISTRICT
The Residential Low-Density (RLD), Residential Moderate-Density
(RMD), Residential Flexible-Density (RFD), and Town Center Residential
(TCR) Districts.
[Amended 9-10-2014 by L.L. No. 4-2014]
RESIDENTIAL DEVELOPMENT SIGN, PERMANENT
A sign located at the entrance of a residential subdivision
or multiple-dwelling residential project identifying the name of the
subdivision or project.
[Added 5-23-2018 by L.L.
No. 6-2018]
RESIDENTIAL DEVELOPMENT SIGN, TEMPORARY
A sign located at the entrance of a residential subdivision
or multiple-dwelling residential project identifying the name of the
subdivision or project and identifying the lots for sale or the units
for sale or rent.
[Added 5-23-2018 by L.L.
No. 6-2018]
RESIDENTIAL SIGN
Any sign located on a lot zoned for residential purpose that
contains no commercial message except advertising for goods and services
legally offered on the premises on which such sign is located, if
offering such goods and services at such location conforms with all
requirements of this chapter. A residential sign shall not include
a residential development identification sign, a nonresidential development
identification sign or a nonresidential development special event
sign.
[Added 5-23-2018 by L.L.
No. 6-2018]
RESTAURANT
An eating establishment that is engaged in preparing and
serving food and beverages intended to be consumed on the premises
by patrons seated and served by wait staff at tables, and that may
provide incidental musical entertainment, without dancing, by not
more than four persons playing any nonamplified instrument(s). Any
restaurant proposing to distribute food or beverage at a drive-through
service facility as defined in this chapter shall be considered to
be a fast-food restaurant.
[Amended 9-10-2014 by L.L. No. 4-2014]
RETAIL BUSINESS
An establishment selling goods to the general public for
personal and household consumption, including but not limited to an
appliance store, drugstore, florist, grocer, hardware store, liquor
store, newsstand, shoe store, stationery store, variety store, and
department store.
[Amended 9-10-2014 by L.L. No. 4-2014]
RIDGELINE
A portion of a hilltop, as designated on Map A, included
as part of this amendment.
RIDGELINE PROTECTION OVERLAY ZONE
See attached Map A, included as part of this amendment. In general, this map was developed using the following
criteria: the area of a hilltop or ridgeline which is measured from
the highest point above mean sea level on the hilltop or ridgeline
to a distance of 200 feet below the highest point.
RINGELMANN SMOKE CHART
A chart for determining the density of smoke and which is
issued by the Federal Bureau of Mines.
ROOF SIGN
A sign that is erected, constructed, and maintained on or
above the roof of a building. A roof sign is a nonfreestanding sign.
[Added 5-23-2018 by L.L.
No. 6-2018]
SANDWICH BOARD SIGN
(Commonly referred to an A-FRAME) A sign that is designed
to be self-supporting based on an inverted V-shaped design. A sandwich
board sign is a nonfreestanding sign.
[Added 5-23-2018 by L.L.
No. 6-2018]
SATELLITE DISH
An antenna, normally mounted on the ground, that attracts
television signals which are beamed from satellites.
SCHOOL
A public, private, or parochial facility offering instruction
at the elementary, middle, junior, and/or senior high school levels
in the branches of learning and study required to be taught in New
York State.
SECURITY AND WARNING SIGN
An on-premises sign regulating the use of the premises or
warning the public of the existence of danger. This would include
"no trespassing," "no hunting" and "no soliciting" signs. A security
and warning sign is an informational sign.
[Added 5-23-2018 by L.L.
No. 6-2018]
SEMIDETACHED DWELLING
A building containing two dwelling units with a party wall
between.
[Added 12-14-2016 by L.L.
No. 7-2016]
SEPTIC FIELD
The portion of a septic system which distributes the waste
material through a network of tile fields. It should not be confused
with the septic tank, which is designed to permit settling of solids.
SEQRA
State Environmental Quality Review Act, or 6 NYCRR Part 617.
SHARED OFFICE
An office space to share or rent the workstations or self-contained
units to smaller companies looking for flexible workspace.
[Added 5-23-2018 by L.L.
No. 6-2018]
SHINGLE SIGN
See "projecting or shingle or blade sign."
[Added 5-23-2018 by L.L.
No. 6-2018]
SIGN
A name, identification, description, display, or illustration,
or any other visual display, that is affixed to, painted, or represented
directly or indirectly upon a building, structure, or piece of land
which directs attention to an object, product, place, activity, person,
institution, organization or business. However, a sign shall not include
any display of official court or public office notices or any official
traffic control device, nor shall it include the flag, emblem, or
insignia of a nation, state, county, municipality, school, or religious
group.
[Amended 5-23-2018 by L.L. No. 6-2018]
SIGN AREA
The sum of the individual areas of the smallest geometric
shape or combination of geometric shapes capable of encompassing the
perimeters of the individual elements comprising the sign, but not
including any supporting framework, bracing, 911 address or any required
architectural features.
[Added 5-23-2018 by L.L.
No. 6-2018]
SIGN HEADER
Text at the top of a ground sign that identifies a plaza,
building or site by name.
[Added 5-23-2018 by L.L.
No. 6-2018]
SITE
A.
A parcel of land to which an individual, company, organization,
or other entity has access to and legal permission to build upon.
B.
A lot or series of lots designed as a single site for site plan purposes and containing one or more businesses, professional offices and/or other enterprises, each business, professional office or other enterprise being an occupant for the purposes of §
240-43.
[Added 5-23-2018 by L.L.
No. 6-2018]
SITE DEVELOPMENT
Land grading and improvements constructed, installed or planted,
including but not limited to driveways, parking, loading and other
paved areas, drainage, sewage disposal and water supply facilities,
landscaping, outside lighting and areas for outdoor deposit.
SITE PLAN
The development plan for one or more lots on which is shown
the existing and proposed conditions of the lot, including topography,
vegetation, drainage, floodplains, marshes and waterways; open spaces,
walkways, means of ingress and egress, utility services, landscaping,
structures and signs, lighting, and screening devices; and any other
information that reasonably may be required in order that an informed
decision can be made by the approving authority.
[Amended 5-23-2018 by L.L. No. 6-2018]
SITE IDENTIFICATION SIGN
A sign that is used for advertising or identifying multiple
occupants sharing a common lot, such as a ground sign identifying
a retail plaza.
[Added 5-23-2018 by L.L.
No. 6-2018]
SMALL CELL WIRELESS TELECOMMUNICATIONS FACILITY or SMALL CELL
FACILITY
Small cells are low-powered wireless base stations that function
like cells in a mobile wireless network, typically covering targeted
indoor or localized outdoor areas ranging in size from homes and offices
to stadiums, shopping malls, hospitals, and metropolitan outdoor spaces.
A small cell facility meets both the following qualifications: each
antenna is located inside an enclosure of no more than six cubic feet
in volume or, in the case of an antenna that has exposed element,
the antenna and all of its exposed elements could fit within an imaginary
enclosure of no more than six cubic feet; and all other wireless equipment
associated with the facility is cumulatively no more than 17 cubic
feet in volume. The following types of associated ancillary equipment
are not included in the calculation of equipment volume: electric
meter, concealment elements, telecommunications demarcation box, ground-based
enclosures, grounding equipment, power transfer switch, cut-off switch,
and vertical cable runs for the connection of power and other services.
[Added 5-8-2019 by L.L.
No. 3-2019]
SPECIAL PERMIT
Required for a use that, because of its unique characteristics,
requires individual consideration in each case by the Planning Board
before it may be permitted in the district enumerated in this chapter.
SPIKE SIGN
A sign that is set into the ground on wire, wood or plastic
spikes. A temporary sign.
[Added 5-23-2018 by L.L.
No. 6-2018]
STABLES, RIDING ESTABLISHMENT, CLUB
An establishment where horses are boarded and cared for and/or
where instruction in riding, jumping and showing is offered and the
general public may, for a fee, hire horses for riding.
[Added 9-10-2014 by L.L. No. 4-2014]
STAND OF TREES
All trees four inches in diameter at breast height (DBH)
or greater.
STORAGE SHED
A structure which is accessory to a residential building
and which is used for the storage of household items, equipment, machinery,
and similar personal property customarily used or owned by homeowners
in connection with use, operation and maintenance of residences.
STREET FURNITURE
Those features associated with a street that are intended
to enhance the street's physical character and use by pedestrians,
such as benches, trash receptacles, planting containers, pedestrian
lighting, kiosks, etc.
STREET HARDWARE
Objects, other than buildings or street furniture, that are
a part of the streetscape. Examples are nonpedestrian streetlight
fixtures, utility poles, traffic lights and their fixtures, fire hydrants,
etc.
STREET RIGHT-OF-WAY LINE
The right-of-way, easement or taking line of any state highway,
county road or Town road or of any private right-of-way, road or easement
having a width of 25 feet or more.
STREETSCAPE
The appearance and organization along a street of building,
paving, plantings, street hardware, street furniture, and miscellaneous
structures.
STRUCTURE
A man-made combination of materials assembled at a fixed
location to give support or shelter, including but not limited to
a dwelling, accessory building, antenna, tower, trailer, platform,
fence, sign, flagpole, and building.
STRUCTURE FOOTPRINT
The area that defines the outer edges of the physical structure
and does not include any walkways, parking lots, or landscaping.
SUBDIVISION
The division of a lot, tract or parcel of land into two or
more lots, tracts, parcels or other divisions of land for sale, development
or lease.
SUMMER DAY CAMP
A property consisting of a tract of land and any tents, vehicles,
buildings or other structures that may be pertinent to its use, any
part of which may be occupied on a scheduled basis at any time between
June 1 and September 15 in any year by children under 16 years of
age under general supervision for the purpose of indoor or outdoor
organized group activities, involving nonpassive recreational activities
with significant risk of injury, for a period of less than 24 hours
on any day the property is so occupied, and on which no provisions
are made for overnight occupancy by such children. Summer day camps
are distinct from, and do not include, such uses as health and fitness
centers, spas, hotels, motels, municipal parks, churches and schools.
[Added 5-16-2011 by L.L. No. 2-2011]
TEMPORARY SIGN
A sign displayed for a fixed, terminable length of time.
A temporary sign is intended to be removed after the temporary purpose
has been served: construction signs, election yard signs, private
sale or event signs, posters and handbills, real estate.
[Added 5-23-2018 by L.L.
No. 6-2018]
TOWER
A.
An erect structure or framework, either self-supporting
or tied to the ground or other surface by diagonal cables, that is
designed to support, including but not limited to the following: wireless
service transmissions, receiving and/or relaying antennas and/or equipment,
electrical or cable power lines of any transmission or conductance
range, or any other equipment, device, or service.
B.
A tower includes any structure and supporting
apparatus that are attached to same.
TOWNHOUSE
A single-family dwelling unit constructed in a group of three
or more attached units in which each unit extends from foundation
to roof with a yard or public way on not less than two sides, where
each dwelling is located on its own parcel of land.
[Amended 8-27-2008 by L.L. No. 7-2008; 12-14-2016 by L.L. No. 15-2016]
TRANSFER OF DEVELOPMENT RIGHTS (TDR)
The conveyance of development rights by deed, easement, or
other legal instrument authorized by local law to another parcel of
land and the recordation of that conveyance among the land records
of the Town and county.
TRANSITION
A visual effect used on an electronic message display to
change from one message to another.
[Added 5-23-2018 by L.L.
No. 6-2018]
TRANSLUCENT BACKGROUND OR TEXT
A background or text through which light can penetrate.
[Added 5-23-2018 by L.L.
No. 6-2018; amended 11-28-2018 by L.L. No. 14-2018]
UTILITY POLE
A pole or similar structure that is used in whole or in part
for the purpose of carrying electric distribution lines or cables
or wires for telecommunications, cable or electric service, or for
lighting, traffic control, signage, or a similar function regardless
of ownership, including City-owned poles. Such term shall not include
structures supporting only wireless telecommunication service facilities.
Any pole in excess of 50 feet shall be deemed a tower.
[Added 5-8-2019 by L.L.
No. 3-2019]
VALANCE SIGN
See "awning valance sign."
[Added 5-23-2018 by L.L.
No. 6-2018]
VEHICLE SIGN
Any sign displayed on a parked or moving vehicle or trailer
or other vehicle where the primary purpose of the vehicle is to promote
a product, service business, or other activity. This definition includes
a vehicle hanging, displaying a banner sign whose primary purpose
is for advertising. This regulation shall permit the use of business
logos, identification or advertising on vehicles primarily and actively
used for business purposes.
[Added 5-23-2018 by L.L.
No. 6-2018]
VERTICAL MONUNMENT SIGN
A type of monument sign used in limited situations where
a standard monument sign cannot meet the zoning requirements.
[Added 5-23-2018 by L.L.
No. 6-2018]
VETERINARY CLINIC
A business establishment where animals are given medical
or surgical care from licensed veterinarians and which may provide
short-term boarding facilities for only those animals being treated.
[Amended 9-10-2014 by L.L. No. 4-2014]
VETERINARY OFFICE
An office designed for the care and treatment of animals
but does not provide overnight accommodations.
WALL SIGN
See "facade or wall sign."
[Added 5-23-2018 by L.L.
No. 6-2018]
WINDOW SIGN
A sign that is attached to the inside of any window or situated
within a building so that the sign is visible from the public right-of-way.
A window sign is a nonfreestanding sign.
[Added 5-23-2018 by L.L.
No. 6-2018]
WINDOW SURFACE
Clear glass within mullion and/or frame, whichever is larger.
[Added 5-23-2018 by L.L.
No. 6-2018]
WIRELESS COMMUNICATIONS
A type of communications that utilizes electromagnetic energy
for the purpose of transmitting and receiving signals.
WIRELESS COMMUNICATIONS FACILITY
A term intended to include all of the various facilities
that provide communications services, including tower, antenna, and
any accessory structures or equipment designed and constructed for
use by a commercial provider of such services.
WORK FORCE HOUSING/AFFORDABLE HOUSING
Housing that is affordable, for either ownership or rental,
and that is occupied or reserved for occupancy by households or families
making 80% of the area median income as defined by the U.S. Department
of Housing and Urban Development (HUD).
YARD
Any open space that lies between the principal building or
group of buildings and the nearest lot line and is unoccupied and
unobstructed from the ground upward, except as herein permitted.
A.
YARD, FRONTAn open space that lies between the principal building or group of buildings and the front lot line, unoccupied and unobstructed from the ground upward.
B.
YARD, REARAn open space extending the full width of the lot between a principal building and the rear lot line, unoccupied and unobstructed from the ground upward.
C.
YARD, SIDEAn open space extending from the front yard to the rear yard between a principal building and the nearest side lot line, unoccupied and unobstructed from the ground upward.
ZERO LOT LINE
A development technique whereby the location of a building
on a lot is sited in such a manner that one or more of the building's
sides rests directly on a lot line, allowing for a common wall between
two dwelling units or building massing adjacent to a sidewalk or street
edge (may also be referred to as "zero foot line").
ZONING ADMINISTRATOR
The administrative officer charged with the duty of enforcing
the provisions of this chapter.