The following terms are specifically defined. As used in this chapter,
the following words shall have these meanings:
ACCESSORY APARTMENT
A dwelling unit that has been added on to, or created within,
an owner-occupied one-family dwelling.
ACCESSORY USE
Use of buildings customarily incidental and subordinate to
the principal use or buildings, and located on the same lot.
ADULT CARE
The provision of temporary or long-term residential care
and services to adults who, though not requiring continual medical
or nursing care as provided by facilities licensed or operated pursuant
to Article 28 of the Public Health Law or Articles 19, 29, and 31
of the Mental Hygiene Law, are, by reason of physical or other limitations
associated with age, physical or mental disabilities or other factors,
unable or substantially unable to live independently.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
ADULT-CARE FACILITY
A facility other than a family-type home which provides adult
care. For the purposes of this chapter an adult-care facility shall
include the following: adult home, enriched housing program, residence
for adults, shelter for adults, public home and private proprietary
adult-care facility as defined by New York State Department of Social
Services Chapter II, Subchapter D, Part 485.
ALLEY
Narrow supplementary thoroughfare for the public use of vehicles
or pedestrians, affording access to abutting property.
ALTERATION
Structural change, rearrangement, change of location, addition
to, or deletions from a building, other than repair and modification
in building equipment systems (i.e., heating, cooling, electrical,
etc.).
ANIMAL KENNEL
Building used for the housing, grooming, breeding, or training
of three or more domestic animals, including dogs and cats, that operates
for commercial purposes. This definition does not include animal shelters.
ARCADE
Any establishment having three or more video or pinball games.
AREA VARIANCE
The authorization by the Zoning Board of Appeals to grant
variances from the area or dimensional requirements of this chapter.
BIOREMEDIATION
The use of a bioremediation process for the treatment of
petroleum-contaminated soils.
BOARDINGHOUSE
Owner-occupied dwelling wherein more than two people are
sheltered for profit.
BOARD OF ZONING APPEALS
That board appointed by the Village Board specifically to
hear all appeals as provided by this chapter and to perform other
duties specifically set forth in this chapter or as assigned to it
by the Village Board.
BUFFER ZONE
A continuous strip of trees and/or shrubs, not less than
15 feet in depth and not less than six feet in height, densely planted
to provide a physical screen preventing visual access from one use
to another and to reduce the escape and/or intrusion of litter, fumes,
dust, smoke, noise or other noxious or objectionable elements. This
requirement may be modified by the Planning Board through the site
plan review process.
BUILDING
A structure wholly or partially enclosed within exterior
walls, or within exterior and party walls, and a roof, affording shelter
to persons, animals or property.
BUILDING, ACCESSORY
A building subordinate to the principal building on the lot
and used for purposes customarily incidental to that of said main
building.
[Amended 11-9-2015 by L.L. No. 3-2015]
BUILDING, FRONT LINE OF
The line of that face of the building nearest the street
line, or, if there are street lines on two or more sides of the building,
it is the line of that face of the building frontage on that street
line where the principal entrance is located. This face includes covered
porches whether enclosed or unenclosed, but does not include steps.
BUILDING, HEIGHT OF
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof.
BUILDING, TEMPORARY
A "temporary building" or "temporary structure" is one erected,
constructed or placed upon the premises to exist there for a brief
or temporary duration of time, not exceeding six months. All other
buildings or structures shall be deemed and considered as permanent
for the purposes of this chapter.
CERTIFICATE OF COMPLIANCE
A certificate issued by the Zoning Officer upon completion
of construction, alteration or change in occupancy or use of a building
or land. Said certificate shall acknowledge compliance with all the
requirements of this chapter only and such adjustment thereto granted
by the Board of Appeals and/or the Planning Board.
CHILD DAY CARE
(1)
Care for a child on a regular basis provided away from the child's
residence for less than 24 hours per day by someone other than the
parent, stepparent, guardian or relative within the third degree of
consanguinity of the parents or stepparents of such child.
(2)
"Child day care" does not refer to care provided in:
(a)
A summer day camp, traveling summer day camp or children's overnight
camp as defined in the State Sanitary Code;
(b)
A program for school-age children operated solely for the purpose
of religious education, sports, classes, lessons or recreation;
(c)
A facility providing day services under an operating certificate
issued by the department;
(d)
A facility providing day treatment under an operating certificate
issued by the Office of Mental Health or by the Office of Mental Retardation
and Developmental Disabilities; or
(e)
A kindergarten, prekindergarten or nursery school for children
three years of age or older, or a program for school-age children
three years of age or older, or a program for school-age children
conducted during nonschool hours, operated by a public school district
or by a private school or academy which is providing elementary or
secondary education, or both, in accordance with the compulsory education
requirements of the Education Law, provided that such kindergarten,
prekindergarten, nursery school or program is located on the premises
or campus where the elementary or secondary education is provided.
CHILD DAY-CARE CENTER
A program or facility in which child day care is provided
on a regular basis to more than six children for more than three hours
per day per child for compensation or otherwise, except those programs
operating as a group family day-care home, a family day-care home,
or school-age childcare program, as defined in this section.
CLUB
May be a group of people or the place where they meet, generally
formed around a common interest, occupation, or activity.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
CLUB MEMBERSHIP
A group of persons organized in accordance with the Not-for-Profit
Corporation Law for social and/or recreational purposes (example,
fish and game clubs).
COMMERCIAL COMMUNICATIONS TOWER
A structure, including one or more antennas, that is intended
for transmitting and/or receiving radio, television, telephone or
microwave communications, but excluding those used either for fire,
police and other dispatch communications or exclusively for private
radio and television reception and private citizens' bands, amateur
radio and other similar communications.
COMMERCIAL SCHOOL
Commercially operated schools providing education and/or
instruction (see also definition of "school"), including, but not
limited to, driving schools, beauty schools, dance studios, cooking
lessons, music lessons, martial-arts academies, preschool programs,
aerobic classes, trade schools and learning/tutorial centers.
COMMUNITY CENTER
Any meeting hall, place of assembly, museum, art gallery
or library not operated primarily for profit.
COMMUNITY RESIDENCE
A supervised community home operated in compliance with the
New York State Mental Hygiene Law which houses not more than 14 individuals
and provides client supervision on a twenty-four-hour basis. For the
purposes of this chapter an approved community residence as defined
herein is considered a one-family dwelling.
CONTRACTOR'S YARD
Businesses engaged in construction of buildings and structures,
remodeling and repairs to existing buildings and structures, electrical
services, plumbing services, excavation and grading services, roofing
and siding services, masonry services, paving services, well drilling,
sewage-disposal-system installation and services, and other similar
services.
COVERAGE
That percentage of the lot area covered by the combined area
of all buildings or structures on the lot.
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, utilities,
mining, dredging, filling, grading, paving, excavation, or drilling
operations, which would lead to increased flood damage, excluding
normal maintenance to farm roads.
DISPOSAL TRANSFER STATION
A solid waste management facility, other than a recyclables
handling and recovery facility exclusively handling nonputrescible
recyclables, that can have a combination of structures, machinery,
or devices, where solid waste is taken from collection vehicles and
placed in other transportation units for movement to another solid
waste management facility.
DOMESTIC ANIMAL
Animals commonly kept as household pets, including, but not limited to, dogs, cats, caged birds, rabbits, guinea pigs, nonpoisonous snakes, fish, turtles, frogs, mice, and ferrets. Species of animals that are considered harmful or poisonous to humans shall not be considered domestic animals for the purposes of this chapter. Questions as to whether any specific animal will be considered a "domestic animal" will be decided by the Village Zoning Board of Appeals, as provided for in §
295-14 of this chapter.
DRIVE-IN SERVICE
Building or use where a product is sold to, or a service
performed for customers while they are in or near their motor vehicle,
including, but not limited to, fast food restaurants, drive-up bank
tellers, film processing service booths, etc.
DWELLING
A detached building designed or used exclusively as living
quarters for one or more families; the term shall not be deemed to
include automobile court, motel, boarding- or rooming house, mobile
home, recreation vehicle, tourist home or tent.
DWELLING UNIT
A building, or portion thereof, providing complete housekeeping
facilities for one family.
EDUCATIONAL INSTITUTION, PRIVATE
Any nonpublic school or other organization or institution
conducting a regularly scheduled curriculum of study similar to that
of the public schools and operated under the Education Law of New
York State and recognized by the appropriate educational authorities.
FACTORY-MANUFACTURED HOME (MODULAR HOME)
A factory-manufactured home incorporates structures or components
designed for residential occupancy, constructed by a method or system
of construction whereby the structure or component is wholly or in
substantial part manufactured in a manufacturing facility and is intended
for permanent installation on a building site. Such home shall be
constructed and installed in accordance with the requirements of Subchapter
B of the State Fire Prevention and Building Code and shall bear an
insignia of approval issued by the State Fire Prevention and Building
Code Council. Factory-manufactured homes shall be deemed to be one-
or two-family or multiple dwellings.
FAMILY
One or more persons who live together in one dwelling unit
and maintain a common household. May consist of a single person or
of two or more persons, whether or not related by blood, marriage
or adoption. May also include domestic servants and gratuitous guests.
FAMILY DAY-CARE HOME
A family home that is a personal residence and occupied as
a family residence which provides child day care on a regular basis
for more than three hours per day per child for three to six children
for compensation or otherwise, as provided for and registered by the
New York State Department of State. The name, description or form
of the entity that operates a family day-care home does not affect
its status as a family day-care home. For the purposes of this chapter,
a family day-care home shall be considered an accessory use to a one-family
dwelling and shall not require a zoning permit unless the building
is being altered.
FAMILY-TYPE HOME
Adult care operated and provided for the purpose of providing
long-term residential care, room, board and personal care, and/or
supervision to four or fewer adult persons unrelated to the operator.
For the purposes of this chapter a family-type home shall be considered
a home occupation.
FARM ANIMAL
Animals other than those customarily kept as domestic household
pets.
FLOOR AREA OF A BUILDING
The sum of the gross horizontal area of the several floors
of a building and its accessory buildings on the same lot, excluding
basement or cellar floor areas and not devoted to habitable use, but
including the area of roofed porches and roofed terraces. All dimensions
shall be measured between exterior faces of walls.
FLOOR, LOWEST
Lowest level, including basement, cellar, crawl space, or
garage of lowest enclosed area.
FRONTAGE
The extent of a building or a lot along one public street
as defined herein.
GARAGE, PRIVATE
An enclosed space for the storage of one or more motor vehicles,
provided that no business, occupation or service is conducted for
profit herein nor space therein for more than one car is leased to
a nonresident of the premises.
GARAGE, PUBLIC
Any garage, other than a private garage, available to the
public, operated for gain, and which is used for storage, repair,
rental, greasing, washing, adjusting or equipping of automobiles or
other motor vehicles.
GASOLINE STATION
Any building or land or any part thereof used for sale of
motor fuel, oil and motor vehicle accessories, and which may include
facilities for lubricating, washing or servicing vehicles, but not
including painting or body repairs.
GASOLINE STATION-MARKET
A gasoline station which provides one or more additional
commercial services such as a restaurant, dairy bar, beverage market,
or food market or such a commercial use which also provides for gasoline
sales. For the purpose of this definition, sales from vending machines
are not considered commercial service.
GROUP FAMILY DAY-CARE HOME
A family home that is a personal residence and occupied as
a family residence which provides child day care on a regular basis
for more than three hours per day per child for seven to 12 children
for compensation or otherwise, as provided for and registered by the
New York State Department of State. The name, description or form
of the entity that operates a group family day-care home does not
affect its status as a group family day-care home. For the purposes
of this chapter, a group family day-care home shall be considered
an accessory use to a one-family dwelling and shall not require a
zoning permit unless the building is being altered.
HABITABLE FLOOR AREA
Any floor usable for living purposes, which includes working,
sleeping, eating, cooking, or recreation or combination thereof. A
floor used only for storage purposes is not "habitable."
HOME OCCUPATION
(1)
An occupation or profession which:
(a)
Is customarily carried on in a dwelling unit or in a building
or other structure accessory to a dwelling unit; and
(b)
Is carried on by a member of the immediate family residing in
the dwelling unit; and
(c)
Is clearly incidental and secondary to the use of the dwelling
unit for residential purposes; and
(d)
Which conforms to the following additional conditions:
[1]
The occupation or profession is carried on wholly within the
principal building or within a building or other structure accessory
thereto.
[2]
No more than one person outside the immediate family is employed
in the home occupation.
[3]
There is no exterior display, no freestanding sign, no attached
exterior sign that is larger than two square feet, no exterior storage
of materials and no exterior indication of the home occupation or
variations of the residential character of the principal building.
[4]
No offensive noise, vibration, smoke, dust, odors, heat, or
glare is produced, nor does the home occupation result in:
[a]
Dissemination of noise, vibration, odor, dust, smoke, observable
gas or fumes, or other atmospheric pollutant beyond the boundaries
of the immediate site of the building in which such use is conducted.
[b]
Hazard or fire explosion or other physical hazard to any person,
building or vegetation.
[c]
Radiation or interference with radio or television reception
beyond the boundaries of the immediate site of the building in which
such use is conducted, or the testing of material or instruments in
such manner as to constitute a public nuisance.
[5]
Adequate parking is provided as set forth in §
295-32.
(2)
In particular, a home occupation may include, but is not limited
to, the following: art studio, barbershop and beauty parlor (when
limited to two work stations), cook, day nursing, draftsman, dress
maker, electrical/radio/television repair, family-type home, laundering,
musician, photographer, professional office of a physician, dentist,
lawyer, engineer, architect or accountant, upholsterer, teaching or
tutoring or real estate offices, within a dwelling occupied by the
same.
(3)
However, a home occupation shall not be interpreted to include
the following: motor vehicle repair shop, machine shop, welding and
fabrication shop, commercial stables and kennels, or restaurants.
(4)
Garage sales, yard sales and other similar sales conducted for
a cumulative total of more than 15 days, either consecutive or nonconsecutive,
within a calendar year shall be considered a home occupation.
HOSPITAL
Hospital, sanitarium, clinic, rest home, nursing home, convalescent
home, home for aged, and any place for diagnosis and treatment of
human ailments, except a doctor's office.
HOSPITAL, ANIMAL
An establishment for the medical and/or surgical care of
sick or injured animals.
HOTEL/MOTEL
A building containing rooms intended or designed to be used
or which are used, rented or hired out to be occupied or which are
occupied for sleeping purposes by guests and where only a general
kitchen and dining room may be provided within the building or in
an accessory building.
JUNK
Old or scrap copper, brass, rope, rags, batteries, paper,
trash, rubber debris, waste, or junked, scrapped, ruined, dismantled
or wrecked motor vehicles or parts thereof, iron, steel and other
old or scrap ferrous or nonferrous material, tires, lumber, pallets
and other wood debris.
JUNKYARD
Outside storage or deposit, whether in connection with another
business or not, where one or more unregistered, old, or secondhand
vehicles, no longer intended or in condition for legal use on the
public highways, are held, whether for the purpose of resale of used
parts therefrom, for the purpose of reclaiming for use some or all
of the materials therein, whether metal, glass, fabric, or otherwise,
for the purpose of disposing of the same or for any other purpose;
such term shall include any place of storage or deposit for any such
purposes of used parts or waste materials from motor vehicles and/or
material defined as junk by this chapter which, taken together, equal
in volume 100 cubic feet. A junkyard shall include any land or structure
used for collecting, storage, sale or disposal of junk, scrap metal,
or other discarded materials. Not included is a single motor vehicle
intended, maintained and used on a seasonal basis (i.e., motorcycles
and winter or summer cars), provided such vehicle is intact and has
a New York State motor vehicle inspection sticker which was issued
within the previous 12 months or a recreational car (i.e., a race
car), provided such vehicle is stored in other than the front yard.
LAUNDROMAT
A business premises equipped with individual clothes washing
machines for the use of retail customers, exclusive of laundry facilities
provided as an accessory use in an apartment house or an apartment
hotel.
LIGHT INDUSTRIAL
The processing, fabrication, assembly or packaging of previously
prepared or refined materials and/or service, repair or refinishing
applications which do not involve the use of high hazard (see New
York State Uniform Code Section 703.4) materials or processes, or result in the generation of
noxious or annoying fumes, odors, noise or other disturbances.
LOT
Land occupied or which may be occupied by a building and
its accessory uses, together with required open space, having not
less than minimum area, width and depth required for a lot in the
district in which such land is situated, and having frontage on a
street, or other means of access as may be determined by the Planning
Board to be adequate as a condition for issuance of a zoning permit.
LOT AREA
Total area within property lines.
LOT CORNER
A lot located at the junction of and fronting on two or more
intersecting streets (Also see definition "lot line, front.")
LOT DEPTH
Horizontal distance from street right-of-way line of the
lot to its opposite rear line measured at right angles to building
line.
LOT LINE, FRONT
In the case of a lot abutting upon only one street, the line
separating the lot from the street right-of-way; in the case of a
lot abutting more than one street, each street line shall be considered
a front lot line.
LOT LINE, REAR
The lot line which is generally opposite the front lot line;
if the rear lot line is less than 10 feet in length, or if the lot
comes to a point at the rear, the rear lot line shall be deemed to
be a line parallel to the front line, not less than 10 feet long,
lying wholly within the lot and farthest from the front lot line.
LOT LINE, SIDE
The property line or lines extending from the front lot line
to the rear lot line.
LOT LINES
The property lines bounding a lot as defined herein.
LOT WIDTH
The horizontal distance between the side lot lines, measured
at right angles to the lot depth.
MOBILE HOME
A structure, whether occupied or not, transportable in one
or more sections, which is built on a permanent chassis and designed
to be used as a dwelling unit, with or without a permanent foundation,
when connected to the required utilities. For the purpose of this
chapter, an unoccupied mobile home shall be considered the same as
an occupied unit.
MOBILE HOME PARK
A parcel which has been improved for the rental or lease
of two or more lots and the provision of services for mobile homes
for nontransient residential use.
MOTOR VEHICLE REPAIR SHOP
Any building or structure used for the repair or servicing
of motor vehicles or small gas-powered engines for profit or as a
part of a commercial operation.
NONCONFORMING USE
A use of a building or of land that does not conform to the
regulations as to use and area in the district in which it is situated,
which was lawful under any applicable preceding ordinances or laws
at the time the use was established, or, if established before 1964,
was lawful before such date and in either event has not been extended
after becoming a nonconforming use or otherwise been rendered an illegal
use pursuant to provisions of any prior law or ordinance.
OUTDOOR SOLID-FUEL-BURNING DEVICE
A solid-fuel-burning device designed and intended for installation
outside of the primary building on a lot, and used to produce heat
for transfer to the primary or accessory building(s) on such lot.
OWNER
An individual, firm, association, syndicate, partnership,
or corporation having sufficient proprietary interest to seek development
of land.
PARKING SPACE
An off-street space available for the parking of one motor
vehicle on a transient basis and having a width of 10 feet, and an
area of not less than 200 square feet, exclusive of passageways and
driveways, and having direct usable access to a street.
POND
A body of water (other than a swimming pool or landscaping
pond) created through construction or other similar method, having
a depth of two or more feet. A small pond used for landscaping, having
a depth not exceeding 28 inches and a surface not exceeding 150 square
feet, shall not require a zoning permit.
PROFESSIONAL OFFICE
An office used by a duly New York State licensed/registered
architect, attorney, dentist, certified counselor, certified public
accountant (CPA), chiropractor, engineer, insurance broker or salesman,
massage therapist, optometrist, physician or surgeon, physical therapist,
psychologist, real estate broker or salesperson, surveyor, teacher
or veterinarian.
RECREATION VEHICLE
A vehicular-type portable structure without permanent foundation,
which can be towed, hauled or driven and primarily designed as temporary
living accommodation for recreation, camping and travel use and including,
but not limited to, travel trailers, truck campers, camping trailers
and self-propelled motor homes.
RECREATION, INDOOR
Includes, but is not limited to, bowling alley, theater,
table tennis, and pool hall, skating rink, gymnasium, swimming pool,
hobby workshop, arcade, and similar places of indoor recreation.
RECREATION, OUTDOOR
Includes, but is not limited to, golf course, golf driving
range, trap, skeet, and archery range, swimming pool, skating rink,
riding stable, tennis court, recreation stadium, skiing facility,
hunting preserve, and similar places of outdoor recreation.
RECYCLABLES HANDLING AND RECOVERY FACILITY
A solid waste management facility, other than collection
and transfer vehicles, at which recyclables are separated from the
solid waste stream, or at which previously separated recyclables are
collected.
RETAIL STORE/SERVICE
Enclosed store for sale of retail goods and services, including,
but not limited to, the following: barber, beauty, dry cleaning, personal
service shop, department store and restaurant/tavern. "Retail store/service"
shall not be interpreted to include the following: drive-up service,
freestanding retail stand, gasoline station, gasoline station-market,
motor vehicle repair service, new and used car sales and service,
trailer and mobile home sales and service.
SCHOOL
Parochial, private and public school, college, university
and accessory uses operated under the Education Law of the State of
New York and recognized by the appropriate educational authorities;
and shall exclude commercially operated schools of beauty, culture,
business, dancing, driving, music and similar establishments.
SCHOOL-AGE CHILD-CARE PROGRAM
A program or facility providing school-age child care (care
provided on a regular basis to more than six school-age children under
13 years of age or who are incapable of caring for themselves) during
the school year to an enrolled group of children before and/or after
the period children enrolled in such program are ordinarily in school
or during school lunch periods, and may also include such care during
school holidays and those periods of year when school is not in session,
including summer vacation.
SELF-SERVICE STORAGE FACILITY
A building or group of buildings divided into separate units
or compartments used to meet the temporary storage needs of businesses
and residential users. A warehouse operated for a specific commercial
or industrial establishment shall not be considered a self storage
facility.
SIGN
Any material, structure or device, or part thereof, composed
of lettered or pictorial matter which is located out of doors, or
on the exterior of any building, or indoors as a window sign, displaying
an advertisement, announcement, notice or name, and shall include
any declaration, demonstration, display, representation, illustration
or insignia used to advertise or promote the interests of any persons
or business or cause when such is placed in view of the general public.
(1)
AWNING SIGNAny visual message incorporated into an awning attached to a building.
(3)
DIRECTIONAL SIGNA sign limited to providing information on the location of an activity, business or event.
(4)
FREESTANDING SIGNAny sign not attached or part of any building, but separate and permanently affixed by any other means in or upon the ground. Included are pole signs, pylon signs and masonry wall-type signs.
(5)
ILLUMINATED SIGNAny sign illuminated by electricity, gas or other artificial light either from the interior or exterior of the sign, and which includes reflective and phosphorescent light.
(6)
OFF-PREMISES SIGNA sign unrelated to a business or a profession conducted, or to a commodity or service sold or offered, upon the premises where such sign is located.
(7)
PORTABLE SIGNA sign, whether on its own trailer, wheels, or otherwise, designed to be movable and not structurally attached to the ground, a building, a structure or another sign.
(8)
PROJECTING SIGNA sign which is attached to the building wall or structure and which extends horizontally more than 15 inches from the plane of such wall, or a sign which is perpendicular to the face of such wall or structure.
(10)
TEMPORARY SIGNA sign related to a single activity or event having a duration of no more than 30 days.
(11)
WALL SIGNA sign which is painted on or attached to the outside wall of a building with the face of the sign in the plane parallel to such wall, and not extending more than 15 inches from the face of such wall.
(12)
WINDOW SIGNA sign visible from a sidewalk, street or other public place, painted or affixed on glass or other window material, or located inside within four feet of the window, but not including graphics in connection with customary window display of products.
SIGN DIRECTORY
A listing of two or more business enterprises, consisting
of a matrix and sign components.
SIGN STRUCTURE
The supports, uprights, bracing and framework for the sign.
In the case of a sign structure consisting of two or more sides where
the angle formed between any two of the sides or the projections thereof
exceeds 30°, each side shall be considered a separate sign structure.
SIGN SURFACE AREA
The entire area within a single, continuous perimeter enclosing
all elements which form an integral part of the sign. The structure
supporting a sign shall be excluded unless the structure is designed
in a way to form an integral background for the display.
SITE PLAN
A plan of a lot or subdivision on which is shown topography,
location of all buildings, structures, roads, rights-of-way, boundaries,
all essential dimensions and bearings and any other information deemed
necessary by the Planning Board.
SPECIAL USE
A specifically designed use that would not be appropriate
generally or without restrictions throughout the zoning district,
but which, if controlled as to number, area, location, or relation
to the neighborhood, would promote the public health, safety, welfare,
morals, order, comfort, convenience, appearance, prosperity or general
welfare.
SPECIALLY PERMITTED USE
A specifically designated use that would not be appropriate
generally without restriction in a zoning district, but which, if
controlled as to number, area, location, relation to the neighborhood,
or otherwise, in the opinion of the Planning Board, promotes the public
health, safety, welfare, morals, order, comfort, convenience, appearance,
prosperity and/or the general welfare. Special use permits are approved
by the Planning Board and then issued by the Zoning Enforcement Officer
once the conditions or other requirements are met and necessary fees
paid.
STREET
Public way for vehicular traffic which affords principal
means of access to abutting properties.
STREET LINE
Right-of-way line of a street as dedicated by a deed of record.
If no such deed exists, then by any other record establishing such
right-of-way line of a street.
STRUCTURE
A combination of materials to form a construction for use,
occupancy or ornamentation, including, but not limited to, buildings,
mobile homes, towers, wind energy conservation systems (WECS), antennas,
satellite dishes, or gas or liquid storage tanks, that are principally
above ground.
SUBSTANTIAL IMPROVEMENT
(1)
Any repair, reconstruction or improvement of a structure, the
cost of which equals or exceeds 50% of the market value of the structure
either a) before the improvement or repair is started, or b) if the
structure has been damaged and is being restored, before the damage
occurred.
(2)
For the purpose of this definition, "substantial improvement"
is considered to occur when the first alteration of any wall, ceiling,
floor or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the structure.
The term does not, however, include either a) any project for improvement
of a structure to comply with existing state or local health, sanitary,
or safety code specifications which are solely necessary to assure
safe living conditions, or b) any alteration of a structure listed
on the National Register of Historic Places or a state inventory of
historic places.
SWIMMING POOL
A structure intended for bathing, swimming or diving purposes,
made of concrete, masonry, metal or other impervious materials, provided
with a recirculating and/or controlled water supply of 1,000 gallons
or more and a depth of greater than two feet.
TEMPORARY USE
An activity conducted for a specified limited period of time
that may not otherwise be permitted by the provisions of this chapter.
Examples of such uses are buildings incidental to new construction
that are removed after the completion of the construction work. Temporary
use permits are approved by the Planning Board and then issued by
the Zoning Enforcement Officer once the conditions or other requirements
are met and necessary fees paid.
TOURIST HOME
Owner-occupied dwelling in which overnight accommodation,
with or without meals, is provided for transient guests for profit.
Term includes bed-and-breakfast establishments.
TRAILER
Any vehicle which may be towed and used for carrying or storing
goods, equipment, machinery, construction materials, snowmobiles,
boats, all-terrain cycles (ATC), motor vehicles or as a site office.
USE VARIANCE
The authorization by the Zoning Board of Appeals for use
of land for a purpose which otherwise would not be allowed or would
be prohibited by this chapter.
UTILITY, PUBLIC
Any person, firm, corporation or governmental subdivision,
duly authorized to furnish to the public, under public regulation,
electricity, gas, water, sanitary sewers, storm sewers, steam, telephone,
telegraph or cable television.
VETERINARY FACILITY
Any structure or premises in which animals are kept, boarded,
bred or trained for commercial gain.
YARD
An unoccupied space, open to the sky, on the same lot with
the building and structure.
YARD, FRONT
An open unoccupied space on the same lot with the building,
situated between the front line of the building and the street line
and extending the full width of the lot.
YARD, REAR
The area of the lot extending across the entire rear of the
lot, bounded by the real property lot line and the rear building line
and between the two side lot lines.
YARD, SIDE
The area between the side building line and the related side
lot line and between the front yard and the rear yard.