For the purposes of this chapter, certain terms or words used
herein shall be interpreted as follows:
ADULT ENTERTAINMENT
A bookstore, video store, nightclub, cabaret, movie theater,
adult theater, retail store, or other establishment which prominently
features entertainment or materials with sexually explicit content.
An establishment which sells such materials as an incidental part
of its business or which presents such material or entertainment primarily
as a form of legitimate artistic expression shall not be considered
an adult use. For purposes of this chapter, adult entertainment uses
shall not be defined as any other use included in the Use Table of
this chapter.
AGRICULTURAL USE, PERSONAL ACCESSORY
The production, keeping or maintenance of crops or livestock
as defined in the definition of "agriculture" as an accessory to a
permitted use. This may include the sale of products produced on-site
to others as long as such sales are incidental to the principal use
of the property and the property is located in a zoning district where
"roadside stands" are permitted as delineated in the Use Table of
this chapter.
AGRICULTURE
The land and on-farm buildings, equipment, manure processing
and handling facilities; practices which contribute to the production,
preparation and marketing of crops, livestock and livestock products
as a commercial enterprise; and forestry. For purposes of the law,
this definition shall not include commercial equestrian facilities.
Such agricultural use may consist of one or more parcels of owned
or rented land, which parcels may be contiguous or noncontiguous to
each other.
A.
"Crops, livestock and livestock products" shall include, but
not be limited to, the following:
(1)
Field crops, including corn, wheat, oats, rye, barley, hay,
potatoes and dry beans.
(2)
Fruits, including apples, peaches, grapes, cherries and berries.
(3)
Vegetables, including tomatoes, snap beans, cabbage, carrots,
beets and onions.
(4)
Horticultural specialties, including nursery stock, ornamental
shrubs, ornamental trees and flowers.
(5)
Livestock and livestock products, including cattle, sheep, hogs,
goats, horses, poultry, ratites, such as ostriches, emus, rheas and
kiwis, farmed deer, farmed buffalo, fur-bearing animals, wool-bearing
animals, such as alpacas and llamas, milk, eggs and furs.
(7)
Christmas trees derived from a managed Christmas tree operation,
whether dug for transplanting or cut from the stump.
(8)
Aquaculture products, including fish, fish products, water plants
and shellfish.
(9)
Woody biomass, which means short rotation woody crops raised
for bioenergy.
(10)
Apiary products, including honey, beeswax, royal jelly, bee
pollen, propolis, package bees, nucs and queens. For the purposes
of this paragraph, "nucs" shall mean small honey bee colonies created
from larger colonies, including the nuc box, which is a smaller version
of a beehive, designed to hold up to five frames from an existing
colony.
(11)
Actively managed log-grown woodland mushrooms.
ALLEY
A service way which affords a secondary public means of vehicular
access to abutting property.
ALTERATION
As applied to a building or structure, a change or rearrangement
in the structural parts or in the entrance and exit facilities; or
an enlargement, whether by extending on a side or by increasing in
height; or the moving from one location or position to another.
AMATEUR RADIO TOWER
A radio tower related to amateur radio service subject to
the provisions of 47 CFR Part 97 or any federal directive thereunder.
ART GALLERY
An establishment for the preparation, sale, display or barter
of paintings, sculpture, original, limited-edition graphic arts and
photographs or similar created by individual artists on a single-piece
basis, not to include home occupations.
AUTOMOBILE FUEL SERVICE AND CONVENIENCE STORE
Any area of land, including structures thereon, that is used
for the sale of gasoline, oil, other motor vehicle fuels, or products
designed to be used for lubricating, washing, cleaning, or otherwise
servicing automobiles, which may include a convenience store, provided
that the store is an integral part of the gasoline or service station,
but excluding the activities permitted with an automobile repair center,
and the use of mechanical car washing equipment.
AUTOMOBILE RENTAL OR SALES
Establishments primarily engaged in the retail sale or rental
of new and used vehicles, including automobiles, light trucks, boats,
and trailers, where service and repairs are incidental to the use,
not to include the sale, service, or repair of commercial vehicles.
AUTOMOBILE REPAIR
Any building, premises, and land in which or upon which a
business, service or industry involving the maintenance, servicing,
repair or painting of vehicles is conducted or rendered.
BASEMENT
That portion of a building between the floor and the ceiling
which is wholly or partly below grade and having more than 1/2 of
its height below grade.
BOAT STORAGE, COMMERCIAL
A structure or lot used to store more than three boats, not
registered to family members for 30 consecutive days or more.
BUILDING
Any roofed structure intended for the shelter, housing or
enclosure of persons, animals or property. When a building is divided
into separate parts extending from the ground up, each part so divided
is deemed a separate building.
BUILDING AREA
The total area taken on a horizontal plane at the main grade
level of the principal building and all accessory buildings exclusive
of uncovered porches, terraces and steps.
BUILDING COVERAGE
That portion of the lot area covered by a building, including
enclosed porches or porches which have roofs but are open at the side.
BUILDING HEIGHT
The vertical distance measured from the mean finished grade
of the ground surrounding the building to the highest point of the
roof for flat roofs; to the deck line of mansard roofs; and to the
mean height between eaves and ridge for gable, hip and gambrel roofs.
BUILDING LINE
The point from which all yard requirements are measured and
which is determined by a line formed by the intersection of a horizontal
plane of average grade level and a vertical plane that coincides with
the exterior surface of a building on any side.
BUILDING, ACCESSORY
A building subordinate to the main building on a lot and
used for purposes customarily incidental to those of the main building.
BUILDING, GROSS FLOOR AREA
The sum of the gross horizontal area of the several floors
of a building and its accessory buildings on the same lot, including
basement areas devoted to residential use and the area of bays, dormers,
roofed porches and roofed terraces. All dimensions shall be measured
between exterior faces of walls.
BUILDING, NET FLOOR AREA
The usable or net square footage of the sum of the horizontal
area of the several floors of a building, exclusive of such areas
as, but not limited to: maintenance areas, storage areas, stairways,
elevators, vents, and shafts.
BUILDING, PRINCIPAL
A building in which is conducted the main or principal use
of the lot on which said building is situated.
CAMPGROUND
A parcel of land used or intended to be used, let, or rented
for occupancy by two or more trailers, tents, or other movable or
temporary shelter.
CAR WASH
A building, or portion thereof, containing facilities for
washing automobiles, using production-line methods or other mechanical
devices; or providing space, water equipment, or soap for the complete
or partial hand washing of automobiles, whether by operator or by
customer. A car wash does not include facilities for washing commercial
vehicles.
CARPORT
A roofed structure not more than 75% enclosed by walls and
attached to the main building for the purpose of providing shelter
for one or more motor vehicles. See also "carport, temporary."
CARPORT, TEMPORARY
An accessory structure made of canvas, aluminum, or similar
materials, or any combination thereof, on movable framing for the
shade and shelter of motorized vehicles.
CEMETERY
Land used or intended to be used for the burial of deceased
human beings and dedicated for cemetery purposes.
CLEAR-CUTTING
The cutting of all or substantially all trees over six inches
in diameter measured at 4 1/2 feet above the adjacent grade where
less than 60 square feet of basal area per acre remains.
COMMERCIAL VEHICLE
A vehicle whose gross vehicle weight exceeds five tons (10,000
pounds), or a vehicle having more than two axles, or a vehicle greater
than eight feet in height.
COMMERCIAL VEHICLE REPAIR
Any building, premises, and land in which or upon which a
business, service or industry involving the maintenance, servicing,
repair or painting of commercial vehicles and light trucks is conducted
or rendered, including facilities for washing commercial vehicles,
using production-line methods or other mechanical devices; or providing
space, water equipment, or soap for the complete or partial hand washing
of commercial vehicles, whether by operator or by customer. Commercial
vehicle repair as defined herein does not include the repair or service
of automobiles or car washes.
COMMUNITY FACILITY
A building or structure owned and operated by a governmental
agency or a not-for-profit entity to provide a public or semipublic
service, such as schools, libraries, museums, governmental buildings,
and firehouses.
CONTRACTING BUSINESS
An office and/or shop which contains a contractor's business
office, and which may also include enclosed structures used for the
indoor repair, maintenance, or storage of a contractor's vehicles,
equipment, or materials.
CONTRACTOR'S STORAGE YARD
A use accessory to a contracting business that stores and
maintains construction equipment and other materials and facilities
customarily required in the building trade by a construction contractor,
such as, but not limited to: carpenters, electricians, masons, site
work contractors, plumbers, HVAC technicians, or general contractors.
DAY-CARE CENTER
A site, building, or place designed and/or operated to provide
day care and/or instruction for 12 or more persons and operated on
a regular basis for a fee.
DEVELOPMENT
Any building, construction, expansion, alteration, modification,
demolition or other activity, including land clearing, land disturbance,
grading, the establishment of seawalls, bulkheads, or retaining walls,
roadway construction or expansion, mining or mineral extraction, which
require a permit, materially changes the use or appearance of land
or a structure, or the intensity of the use of land, or the creation
of a subdivision which may result in such activity. "Development"
is not to include interior renovations to a structure, a change in
use of a structure which results in no land disturbance, agricultural
activities, or gardening activities associated with residential uses.
DOCK
A structure, including wharf and moorings, which is built
over or floating upon the water and used as a landing place for boats
and other marine transport, fishing, swimming, and other recreational
uses.
DRIVE-THROUGH WINDOW FACILITY
Any portion of a building or structure from which business
is transacted, or is capable of being transacted, directly with customers
located in a motor vehicle during such business transactions. Any
drive-through facility is considered an accessory use for purposes
of this chapter. A gasoline service station is not considered a drive-through
facility for purposes of this chapter.
DWELLING UNIT
A building or portion thereof providing complete housekeeping
facilities for one family, including living, cooking, sanitary and
sleeping facilities.
DWELLING UNIT, ACCESSORY
A second dwelling unit either in or added to a single-family
dwelling, or in a separate accessory structure on the same lot as
the principal dwelling, for use as a complete, independent living
facility with provision within the accessory dwelling unit for cooking,
eating, sanitation, and sleeping. Such a dwelling shall be clearly
accessory and incidental to the principal dwelling.
DWELLING, MULTIFAMILY CONVERSION
A building or portion thereof originally constructed as a
single-family dwelling, which has been renovated to include separate
dwelling units for three or more families living independently of
each other, including apartment houses, but not including hotels,
motels, mobile or manufactured homes, trailers and rooming houses.
DWELLING, MULTIFAMILY NEW CONSTRUCTION
A building or portion thereof designed and constructed for
year-round occupancy and containing separate dwelling units for three
or more families living independently of each other, including apartment
houses, but not including hotels, motels, mobile or manufactured homes,
trailers and rooming houses.
DWELLING, SINGLE-FAMILY
A detached building designed for year-round occupancy by
one family only, but not including a mobile or manufactured home,
trailer or motel.
DWELLING, TWO-FAMILY
A detached building designed for year-round occupancy by
two families living independently of each other, but not including
a mobile or manufactured home, trailer or motel.
ELECTRONIC MESSAGE CENTER (EMC)
A changeable copy sign that utilizes computer-generated messages
or some other electronic means of changing copy. These signs include
displays using incandescent lamps, LEDs, LCDs or flipper matrix.
EQUESTRIAN FACILITY
A commercial facility available to the public providing one
or more of the following services: horse-riding lessons, horse training,
leasing of horses, boarding of horses, sale of horses other than an
occasional sale of a horse owned and used solely for personal purposes
by the owner of a noncommercial facility. Equestrian facilities shall
not include horse racing, wagering, or pari-mutuel uses.
EXTRACTION, COMMERCIAL
The act of removing more than 750 cubic yards of any natural
resources in any one-year period from the land, including, but not
limited to, the removal of earth, rock, gravel, sand and underground
materials, excluding timber and water; the preparation and processing
of those same natural resources, including any activities or processes
or parts thereof for the extraction or removal from their original
location and the preparation, washing, cleaning, crushing, stockpiling
or other processing of minerals at the mine location so as to make
them suitable for commercial, industrial, or construction use; for
the purpose of sale. Commercial extraction excludes any other manufacturing
processes, or other related commercial activities at the same property
location. Commercial extraction shall not include site preparation
activities which have Planning Board approval, or excavations in aid
of agricultural activities consistent with New York State Agricultural
and Markets Law, as amended.
EXTRACTION, PRIVATE
Any extraction from the land of sand, gravel, or topsoil
by the owner of the land, or any extraction for the purpose of sale
of less than 750 cubic yards of said materials in any one-year period.
FAMILY
One or more persons occupying a premises and living as a
single housekeeping unit, as distinguished from a group occupying
a boardinghouse, rooming house, lodging house, club, fraternity or
hotel.
FUNERAL HOME
A building used for the preparation of the deceased for burial
and the display of the deceased and ceremonies connected therewith
before burial or cremation, not to include crematories.
GARAGE, PRIVATE
A roofed space for the storage of one or more motor vehicles,
provided that no business, occupation or service is conducted for
profit therein.
GARAGE, STORAGE
A building or part thereof used primarily for the storage
of vehicles and in which automobile parts, fuels and oils are not
sold and automobiles are not serviced or leased for gain.
HOME-BASED BUSINESS I
Any activity carried out for gain and conducted entirely
within a dwelling or its accessory buildings or off premises, which
use is clearly incidental to the use of the dwelling as a place of
residence. Examples include gift shops, artisans, lawyers, dentists,
plumbers, electricians and physicians, but are not limited to the
above.
HOME-BASED BUSINESS II
Any activity carried out for gain, clearly incidental to
the use of the dwelling as a place of residence, which is conducted
primarily within a dwelling or its accessory buildings or off-premises
but which may require the storage of machinery and equipment on the
residential grounds, or where office activities are conducted within
the house or outbuilding. Examples include auto repair shops, plumbing
shops, electrical repairs shops and repair services, but are not limited
to the above.
IMPERVIOUS SURFACE
An area covered by pavement, rooftops and/or other structures
or materials, which is either impervious to water or which substantially
prevents the infiltration of water into the soil at that location.
INDUSTRIAL PROCESSING
The series of continuous actions that changes one or more
raw materials into a finished or semifinished product.
JUNKYARD
A lot, land or structure or part thereof used for the collecting,
storage and/or sale of wastepaper, rags, scrap metal or discarded
material; or for the collecting, dismantling, storage and salvaging
of machinery or vehicles and for the sale of the parts thereof.
KENNEL
A commercial or nonprofit establishment that houses dogs,
cats, or other domestic animals more than six months of age and where
grooming, breeding, boarding, training or selling of animals is conducted
as a business.
LANDFILL, SANITARY
The depositing of refuse in a natural or man-made depression
or trench or dumping it at ground level, compacting it to the smallest
practical volume and covering it with earth or other material in a
systematic and sanitary manner.
LAUNDROMAT
A business premises equipped with individual clothes washing
and/or drying machines for use by retail customers, which may include
provisions to accept clothing for off-site dry cleaning, exclusive
of any laundry facilities provided as an accessory use in a multifamily
dwelling.
LIGHT MANUFACTURING
The manufacture, predominantly from previously prepared materials,
of finished products or parts, including processing, fabrication,
assembly, treatment and packaging of such products, and incidental
storage, sales, and distribution of such products, but excluding basic
industrial processing.
LODGING, BED-AND-BREAKFAST
A dwelling having a resident host in a single-family home
with common dining and leisure rooms and lodging rooms for overnight
accommodation, the rates for which include breakfast and lodging only,
and in which no public restaurant is maintained and no other commercial
services are offered. The bed-and-breakfast establishment shall have
not more than six guest rooms.
LODGING, HOTEL
A building or group of buildings that contains living and
sleeping accommodations for transient occupancy and which may provide
additional services such as restaurants, meeting rooms, entertainment
and recreational facilities.
LODGING, INN
A commercial facility, resembling traditional residential
character with common access providing transient lodging and meals,
which is characterized by common dining facilities and leisure rooms
available for use by lodgers and limited general public with no more
than 12 guest rooms.
LODGING, MOTEL
A building or group of detached or connected buildings designed
or used for providing transient sleeping accommodations where each
accommodation unit maintains a separate outside entrance.
LOT
A parcel of land considered as a unit, occupied or capable
of being occupied by a principal building or use and accessory buildings
or uses or by a group of buildings united by a common use or interest,
and including such open spaces as are required by this chapter, and
having its principal frontage on a public street or an officially
approved place. All portions of the lot area shall be contiguous or
adjacent, such that a lot may only be separated by a street when the
separated portions of the lot overlap or would otherwise be contiguous
if not separated by the street. The division of any Tax Map parcel
by a street does not constitute a de facto subdivision of the Tax
Map parcel.
A.
LOT AREAThe total area included within the front, side, and rear lot lines.
B.
LOT, CORNERA lot located at the intersection of and fronting on two or more intersecting streets and having an interior angle at the corner of the intersection of less than 135°.
C.
LOT DEPTHThe mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lot lines.
F.
LOT LINE, FRONTThe lot line separating the lot from the right-of-way of any public or private road. For purposes of this chapter a private way created solely for purposes of establishing a more distinctive Emergency 9-1-1 address that would otherwise be considered a driveway may not be considered a private way for lot frontage purposes.
G.
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
I.
LOT, THROUGHA lot having frontage on two approximately parallel or converging streets, other than a corner lot.
J.
LOT WIDTHThe distance between side lot lines measured at the front setback line.
MANUFACTURED HOME (MOBILE HOME)
A structure, transportable in one or more sections, which,
in the traveling mode, is eight body feet or more in width or 40 body
feet or more in length, or, when erected on site, is 320 or more square
feet, and which is built on a permanent chassis and designed to be
used as a dwelling with or without a permanent foundation when connected
to the required utilities, and includes the plumbing, heating, air-conditioning,
and electrical systems contained therein. The term shall include any
structure that meets all of the requirements of Article 21-B of the
Executive Law of New York State except the size requirements and with
respect to which the manufacturer voluntarily files a certification
required by the United States Secretary of Housing and Urban Development
and complies with the standards established under Title 42 of the
United States Code. The definition of "manufactured homes" shall not
include self-propelled recreational vehicles, travel trailers, or
modular structures.
MEAN HIGH-WATER MARK
The average annual high-water level of a lake, pond, river,
stream, creek or other body of water.
MOBILE HOME COURT
A parcel of land which has been planned and improved for
the placement of two or more manufactured homes for dwelling purposes.
NONCONFORMING LOT
A lot of record which does not comply with the area, shape,
frontage, or locational provisions of this chapter for the district
in which it is located.
NONCONFORMING STRUCTURE
A building or structure that was lawfully erected prior to
the adoption or amendment of the Town Zoning Code but that no longer
complies with all regulations applicable to the zoning district in
which the structure is located.
NONCONFORMING USE
Use of a building or of land that does not comply with the
regulations for the district in which it is situated.
NURSERY
A building or structure and lands for the growing of flowers,
fruits, vegetables, plants, shrubs, trees or other similar vegetation,
together with garden accessories which are sold at retail from such
building or lot to the general public.
OFFICES, MEDICAL
Any structure(s) used wholly for the purpose of providing
human health care, including clinics, hospitals and group health practices.
OFFICES, PROFESSIONAL
The use of offices and related spaces for such professional,
business, or administrative services that are provided by attorneys,
architects, engineers and similar professions. A professional office
excludes uses permitted in a "medical office."
OUTDOOR WOOD BOILER
A fuel-burning device that:
A.
Is designed to burn seasoned clean wood, wood pellets made from
clean wood, or other fuels;
B.
Is specified by the manufacturer for outdoor installation or
installation in structures not normally occupied by humans; and
C.
Is used to heat building space and/or water via the distribution,
typically through pipes, of a gas or liquid (e.g., water or water/antifreeze
mixture) heated in the device.
PARKING SPACE
A space designated for the parking of one motor vehicle and
having an area of not less than 180 square feet, exclusive of passageways
and driveways thereto.
PERSONAL SERVICE ESTABLISHMENT
An office, store or other place of business catering to the
needs of a customer with only incidental sale of merchandise, including,
but not limited to, those normally conducted by a barber, beautician,
tailor or dressmaker, excluding tattoo parlors or body-piercing establishments.
PLANNED DEVELOPMENT DISTRICT
A tract of land in single ownership, or controlled by an
individual, partnership, cooperative or corporation, designed for
and capable of being used for one or more residential, commercial,
industrial or recreational uses which have certain facilities in common,
such as yards, open space, recreation areas, garages and parking areas.
POOL, ABOVEGROUND
A swimming pool designed to be installed above the ground
level with wall braces supporting aluminum or steel corrugated sides
or other materials.
POOL, IN-GROUND
A swimming pool designed to be installed below the ground
level with wall braces supporting metal panels; or one with precast
or job-poured concrete, fiberglass shell over concrete, concrete block
or wood walls; or a pneumatically applied mixture of cement, sand
and water sprayed under pressure over a steel-mesh frame (having the
trade name "Gunite").
RECREATION CLUB
A group of people organized for a not-for-profit purpose
to pursue common goals, interests or activities and usually characterized
by certain membership qualifications, payment of fees and dues, regular
meetings and constitution and bylaws. A lodge used for meetings by
fraternal organizations shall be considered a "club" so long as it
is not used for dwelling purposes. Commercial organizations, such
as, but not limited to, tennis clubs, racquet clubs and physical fitness
clubs, or other indoor recreation facilities, shall not be considered
recreation clubs.
RECREATION, INDOOR
A building or structure used primarily for the operation
of commercial or nonprofit recreation, including, but not limited
to, health and exercise clubs, skating rinks, bowling alleys, indoor
sports clubs, indoor swimming pools, golf domes, pool or billiards,
foosball, table tennis, shuffleboard, pinball machines, and/or video
or other games. Indoor recreation includes any accessory uses, such
as snack bars, pro shops, and locker rooms, which are designed and
intended primarily for the use of patrons of the principal recreational
use. Recreation clubs as defined above shall not be considered indoor
recreation.
RECREATION, OPEN SPACE
Any recreation use, conducted for other than personal use,
particularly oriented to and utilizing the outdoor character of an
area which does not depend on amusement devices, rides, or motorized
vehicles. These recreational uses may include a cross-country ski
trail, hiking and backpacking trail, bicycle trail and horse trail,
as well as playground, picnic area, public park, and public beach
for activities such as soccer, baseball, football, tennis and water-related
activities.
RECREATIONAL VEHICLE
A mobile recreational unit, including travel trailer, motor
home, pick-up camper, converted bus, tent trailer, or similar device
used for temporary portable housing.
RESEARCH AND DEVELOPMENT FACILITIES
Buildings or portions of buildings used primarily for scientific,
medical and/or high-tech research, development and product or equipment
design activities in a setting which combines offices and laboratories
and may include light manufacturing.
RESIDENTIAL CARE FACILITY
Any licensed facility, public or private, which provides
twenty-four-hour care, food, lodging, training, supervision, habilitation,
rehabilitation, and/or treatment to its residents. Residential care
facilities include, but are not limited to: assisted living facilities,
halfway houses, residential treatment centers, maternity shelters,
group homes, or schools for handicapped children.
RESTAURANT, FAST-FOOD
Any establishment whose principal business is the sale of
foods, frozen desserts, or beverages in ready-to-consume individual
servings, for consumption either within the restaurant building or
for carry out, and where either foods, frozen desserts, or beverages
are usually served in paper, plastic, or other disposable containers,
and where customers are not served their food, frozen desserts, or
beverages by a restaurant employee at the same table or counter where
the items are consumed; or the establishment includes a drive-up or
drive-through service facility or offers curb service.
RESTAURANT, FULL-SERVICE
An establishment that serves food and beverages primarily
to persons seated within the building. This includes, but is not limited
to, cafes, tearooms, diners, outdoor cafes, coffee shops and banquet/reception
halls.
RESTAURANT, SNACK STAND
An establishment whose principal business is the sale of
foods, frozen desserts, or beverages in ready-to-consume individual
servings, for consumption either within the restaurant building or
for carry out, and which has limited indoor seating.
RETAIL, GENERAL
Establishments providing goods or merchandise to the general
public, for a fee, such as, but not limited to, food stores, pharmacies,
variety stores, apparel, hardware, and supermarkets.
RETAIL, NEIGHBORHOOD
A building less than 5,000 gross square feet used for the
retail sale of a variety of goods. Such goods may include, but not
be limited to, general retail items such as newspapers and magazines,
dairy products, baked goods, beverages, fresh or prepared foods such
as sandwiches and coffee, fresh fruits and vegetables, and minor amounts
of canned foods, dry goods and which may also include limited seating
for on-site consumption without wait service.
RETAIL, SHOPPING CENTER
A group of stores, shops, and similar establishments occupying
adjoining structures all of which may be deemed as a single building
if designed as an architectural unit.
ROADSIDE STAND
A direct marketing operation offering outdoor shopping. Such
an operation is seasonal in nature and features on-farm produced as
well as locally produced agricultural products, enhanced agricultural
products and handmade crafts.
SCREENING
A method of visually shielding or obscuring an abutting or
nearby use or structure from another by fencing, walls, or densely
planted vegetation.
SETBACK
The minimum distance required for compliance with this chapter
as measured by the shortest horizontal line between any portion of
any structure and the lot line, man-made structure or topographical
or natural feature designated as being the reference point from which
such minimum setback is measured.
SHOT FALL ZONE
The area at a firing range which is delineated by the maximum
potential distance for unimpeded flight of shot pellets or ammunition.
SIGN
An identification, description, illustration or device, which
is visible from any public place or is located on private property
and exposed to the public and which directs attention to a product,
service, place, activity, person, institution, business or solicitation,
including any permanently installed or situated merchandise, or any
logo, painting, banner, pennant, placard or temporary sign designed
to advertise, identify or convey information, with the exception of
window displays and national flags. "Sign" shall also include all
sign structures. "Sign" shall not include any display of official
court or public office notices, nor any official traffic control devices,
nor shall it include the flag, emblem or insignia of a nation, state,
county, municipality, school or religious group.
SIGN, ABANDONED
A sign which for a period of 90 consecutive days has not
correctly directed or exhorted any person or advertised a bona fide
business, lessor, owner, product or activity conducted or product
available on the premises where such sign is displayed.
SIGN, ANIMATED
Any sign on which the structure or illumination is not maintained
stationary or constant in intensity and color when such sign is in
use. For the purpose of this chapter, any revolving sign other than
barber poles shall be considered an animated sign.
SIGN, BUILDING
A sign fastened to or painted on the wall of a building or
structure in such a manner that the wall becomes the supporting structure
for or forms the background surface of the sign and which does not
project more than 18 inches from such building or structure.
SIGN, CONTRACTOR/ARTISAN
A temporary sign erected on the premises on which construction
is taking place, during the period of such construction, indicating
the names of the architects, engineers, landscape architects, contractors
and similar persons or firms having a role or interest with respect
to the structure or project.
SIGN, DIRECTIONAL
Any sign commonly associated with and limited to information
and directions necessary and convenient for persons coming on the
property, including signs marking entrances, parking areas, one-way
drives, restrooms, pickup and delivery areas and the like.
SIGN, DOUBLE-FACED
Any two-faced sign utilizing both faces or surfaces for display
purposes.
SIGN, FREESTANDING
A sign that is attached to, erected on or supported by some
structure such as a pole, mast, frame or other structure that is not
itself an integral part of or attached to a building or other structure
having a principal function other than the support of the sign.
SIGN, GOVERNMENT
A sign erected and maintained pursuant to and in discharge
of any governmental function or required by any law or ordinance or
governmental regulation.
SIGN, ILLUMINATED
Any sign which emanates light either by means of exposed
tubing or lamps on its surface or by means of illumination transmitted
through the sign surface or which reflects lights from a source intentionally
directed upon it.
SIGN, OFF-PREMISES (BILLBOARD)
Any sign advertising or calling attention to any business
or activity not located on the same continuous parcel of real estate
as the sign, or any sign advertising or calling attention to any commodity
or service not sold or offered upon the same continuous parcel of
real estate as the sign.
SIGN, POLITICAL
A temporary sign announcing or supporting political candidates
or issues connected with any national, state or local election.
SIGN, PORTABLE
Any device on wheels or stand that is designed to be easily
moved, the purpose of which is to display a sign.
SIGN, ROOF
Any sign erected upon, against or directly above a roof or
on top of or about the parapet of a building.
SIGN, TEMPORARY
Any sign permitted pursuant to the provisions of this chapter
other than a permanent sign.
SIGN, VEHICULAR
Any vehicle and/or trailer to which a sign is affixed in
such a manner that the carrying of the sign is no longer incidental
to the vehicle's purpose but becomes the primary purpose of the vehicle.
SOLAR ENERGY PRODUCTION FACILITY, LARGE-SCALE
An area of land or other area used for a solar collection
system which may be principally used to capture solar energy and convert
it to electrical energy which has a collector area of more than 1,200
square feet. Large solar energy production facilities consist of one
or more free-standing ground- or roof-mounted solar collector devices,
solar-related equipment and other accessory structures and buildings,
including light reflectors, concentrators, and heat exchangers, substations,
electrical infrastructure, transmission lines and other appurtenant
structures and facilities.
SOLAR ENERGY SYSTEM
A solar collector or other device or structural design feature
of a structure that relies upon sunshine as an energy source and is
capable of collecting, distributing, and storing (if appropriate to
the technology) the sun's radiant energy for a beneficial use.
STORY
That portion of a building included between the surface of
any floor and the surface of the floor next above it or, if there
be no floor above it, the space between any floor and the ceiling
next above it.
STORY, HALF
That part of a building between a pitched roof and the uppermost
full story and having a floor area at least half as large as the floor
below. Space with less than five feet clear headroom shall not be
considered as floor area.
STREET
A public or private way which affords the principal means
of access to abutting property.
STRUCTURAL ALTERATION
Any change in the supporting members of a building, such
as bearing walls, columns, beams or girders.
STRUCTURE
Any object constructed, installed or placed on the land or
connected to the shoreline such as buildings, sheds, single-family
dwellings, mobile homes, signs, tanks, fences, and poles, and any
fixtures, additions and alterations thereto. Construction must be
more than six inches above grade or in excess of 100 square feet to
be considered a structure. Landscaping features, driveways and parking
areas shall not constitute structures.
TAVERN
An establishment used primarily for the serving of alcoholic
beverages by the drink to the general public and where food may be
served or sold only as accessory to the principal use and where entertainment
may be provided.
TELECOMMUNICATIONS TOWER
Any structure which is specifically designed for receiving
and/or transmitting signals (for the purpose of communications not
including amateur radio towers as defined herein.
THEATER
A building or part of a building devoted to showing motion
pictures, or for dramatic musical or live performances and which may
include dinner theaters.
TRAVEL TRAILER
A mobile recreational unit, including travel trailers, pickup
campers, converted buses, tent-trailers, camper trailers, tents or
similar devices, used for temporary portable housing.
UNTREATED WOOD
Dry wood which has been milled and dried but which has not
been treated or combined with any petroleum product, chemical, preservative,
glue, adhesive, stain, paint or other substance
USE, ACCESSORY
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use
or building.
USE, PRINCIPAL
The specific purpose for which land or a building is designed,
arranged or intended or for which it is or may be occupied or maintained.
USE, SPECIAL PERMIT
A use that would not normally 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, order, comfort, convenience,
appearance, prosperity or general welfare. Such use may be permitted
in such zoning district as a special permit use, provided that specific
provision for such is made in the district and a permit is obtained
in accordance with this chapter.
VARIANCE
An authorized departure by the Board of Appeals from the
terms of this chapter and in accordance with procedures set forth
in this chapter, in regard to a practical difficulty or a hardship
peculiar to an individual lot or situation, for the construction or
maintenance of a building or structure or for the establishment or
maintenance of a use of land which is prohibited by this chapter.
VETERINARY CLINIC/ANIMAL HOSPITAL
A building or portion of a building where animals are given
medical care and the boarding of animals is limited to short-term
care incidental to the hospital use.
WILDLIFE PRESERVE
A land area used for the protection of wildlife, usually
because of its unique natural character, which provides habitat, food
or shelter for wildlife through the natural environment.
WINDMILL
An alternate energy device which converts wind energy by
means of a rotor to mechanical or electrical energy. A wind generator
may also be deemed a "windmill."
YARD, FRONT
An open space extending across the principal street side
of a lot measured between the side lot lines, the depth of which yard
is the minimum horizontal distance between the street right-of-way
line and the building line or any enclosed projection thereof.
YARD, REAR
An open space extending across the rear of a lot measured
between the side lot lines and being the minimum horizontal distance
between the rear lot line and the rear of the principal building or
any enclosed projection thereof. On both corner and interior lots,
the rear yard shall in all cases be at the opposite end of the lot
from the front yard.
YARD, SIDE
An open space from the front yard to the rear yard between
the building and the nearest side lot line.