The following general rules of construction shall apply to the
regulations of this Zoning chapter:
A.
The singular number includes the plural, and the plural the singular,
unless the context clearly indicates the contrary.
B.
Words used in the present tense include the past and future tenses,
and the future the present.
C.
The words "shall" and "must" are always mandatory. The word "may"
is permissive.
D.
The word "building" or "structure" includes any part thereof, and
the word "building" includes the word "structure".
E.
The words "used" and "occupied" include the words "intended, designed
or arranged to be used or occupied."
F.
The word "person" includes a firm, association, organization, partnership,
trust, company or corporation, as well as an individual.
G.
Words and terms not defined herein shall be interpreted in accord
with their normal dictionary meanings and customary usage.
For the purpose of this chapter, certain terms and words are
hereby defined:
A motor vehicle that is mechanically inoperable due to age,
deterioration or damage and has no economic value except for salvage
or junk; any vehicle, as herein defined, which is not registered in
accordance with the laws of the State of New York and which is not
being used for its intended purpose or which is incapable of being
used for its intended purpose.
A subordinate building or a portion of the main building,
the use of which is clearly incidental to or customarily found in
connection with and (except as otherwise provided in this Zoning chapter)
located on the same lot as the main building or principal use of the
land.
An allowed use which is clearly incidental to or customarily
found in connection with and (except as otherwise provided in this
Zoning chapter) is located on the same lot as the principal use of
the premises. When the term "accessory" is used in this chapter, it
shall have the same meaning as accessory use.
As defined by the New York State Environmental Quality Review
Act (SEQRA) as any project or physical activity that is directly undertaken,
funded, or approved by a state or local agency that may affect the
environment.
Boards created through local legislation to undertake administrative
functions, including, but not limited to, the review of applications
for site plans, subdivisions, and special use permits.
An establishment providing for the care, supervision, and
protection of adults.
An establishment consisting of, including, or having the
characteristics of any or all of the following:
ADULT BODY PAINTING STUDIOAn establishment or business which provides the service of applying paint or other substance, whether transparent or nontransparent, to or on the human body and which is not open to the public generally, but excludes any minor by reason of age.
ADULT BOOKSTORE/VIDEO STOREAn establishment having as a substantial or significant portion of its stock-in-trade books, magazines, other periodicals, films, slides, videotapes or adult toys/marital aids and which establishment is customarily not open to the public generally, but excludes any minor by reason of age.
ADULT DRIVE-IN THEATERA drive-in theater that customarily presents motion pictures that are not open to the public generally, but excludes any minor by reason of age.
An establishment devoted to adult entertainment, either with
or without a liquor license, presenting material distinguished or
characterized by an emphasis on matter depicting, describing, or relating
to sexual activities or anatomical genital areas and is an establishment
not open to the general public, but excludes any minor by reason of
age;
A public or private establishment which presents topless dancers,
go-go dancers, strippers, male or female impersonators, lingerie or
other private modeling, exotic dancers or other similar entertainment
for observation by patrons and which establishment is customarily
not open to the public generally, but excludes any minor by reason
of age.
ADULT MASSAGE ESTABLISHMENTAny establishment having a fixed place of business where massages are administered for pay, including, but not limited to, massage parlors, sauna baths and steam baths. This definition shall not be construed to include a hospital, nursing home or medical clinic or the office of a physician, surgeon, chiropractor, osteopath or a duly licensed physical therapist or barbershops or beauty salons at which massages are administered only to the scalp, face, neck or shoulders. This definition also shall exclude health clubs, hotels, motels or inns that have facilities for physical exercise, such as tennis courts, racquetball courts or exercise rooms, which do not receive their primary source of revenue through the administration of massages.
ADULT MODEL STUDIOAny establishment where, for any form of consideration or gratuity, figure models are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by a person other than the proprietor, paying such consideration or gratuity and which is not open to the public generally, but excludes any minor by reason of age. This provision shall not apply to any school of art, which is operated by an individual, firm, association, partnership, corporation or institution, that meets the requirements established by the New York State Education Law for the issuance of diplomas and is in fact authorized to issue and confer diplomas.
ADULT MOTEL/HOTELA motel/hotel which is not open to the public generally, but excludes minors by reason of age, or which makes available to its patrons, in their rooms, films, slide shows or videotapes that if presented in a public movie theater would not be open to the public generally, but would exclude any minor by reason of age.
ADULT PEEP SHOWSA theater or other establishment which presents material in the form of live shows, films or videotapes, viewed from an individual enclosure or private room for which a fee is charged, and which is not open to the public generally, but excludes any minor by reason of age.
ADULT THEATERA theater that customarily presents motion pictures, films, videotapes or slide shows that are not open to the public generally, but excludes any minor by reason of age.
Natural resources, such as open vistas, woods, scenic view
sheds, and attractive man-made settings, whose appearance is an important
ingredient in the quality of life in a community.
As defined by the State Environmental Quality Review Act,
any state or local agency, including zoning boards of appeals, local
legislatures, Planning Boards, and, under certain circumstances, Code
Enforcement Officials, that makes discretionary decisions that may
affect the environment.
A person or persons who may appeal an administrative body
or local legislature's land use decision to the courts. The decisions
must result in some demonstrable harm to the party that is different
from the impact of the decision on the community as a whole.
The use of lands for agricultural or farming purposes, including
tilling of the soil, dairying, pasturing, apiculture, arboriculture,
horticulture, floriculture, viticulture, forestry, animal and poultry
husbandry and the necessary accessory uses for the packing or storing
of products, provided that the operation of any such accessory uses
shall be secondary to that of normal agricultural activities, and
provided further that such uses shall not include the commercial feeding
of garbage and offal to swine or other animals.
Any area of land or water, or both, designed and set aside
for the landing and takeoff of fixed-wing aircraft and includes its
buildings and associated facilities, if any. This includes private
and public-use airfields with turf or paved runways.
The area that is required for the landing or takeoff of an
aircraft outside of the parameters of the airport. This area is often
subject to height restrictions that may cause an unsafe obstruction
to pilots.
A place prepared to house, board, and breed, handle or otherwise
keep or care for animals for sale or in return for compensation.
Any residence housing more than three dogs over four months
in age and for more than a one-month period of time.
A multifamily dwelling containing three or more dwelling
units.
Refers to an article in the Civil Practices Law and Rules
that allows aggrieved persons to bring an action against a government
body or officer in a court of law.
The use of any land more than 200 square feet in area in
any location for the storage, keeping, reduction or abandonment of
two or more unregistered, old or secondhand motor vehicles, no longer
intended or in condition for legal use on the public highways, whether
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 which, taken together,
equal in bulk two or more such vehicles; provided, however, that the
term "junkyard" shall not be construed to mean an establishment having
facilities for processing iron, steel or nonferrous scrap for sale
or remelting purposes only.
Any building, land area, or other premises, or portion thereof,
used for the retail dispensing or sale of vehicular fuels.
Establishments primarily engaged in furnishing automotive
repair, rental, leasing, and parking services to the public.
See "financial institutions."
A story party underground and having at least 1/2 of its
height above the ground.
Overnight accommodations and a morning meal in a dwelling
unit provided to transients for compensation in an owner-occupied
dwelling unit.
See "sign, general advertising."
That property fronting on one side of a street and lying
between two intersecting streets or otherwise limited by a railroad
right-of-way, a live stream or unsubdivided tract or other physical
barrier of such nature as to interrupt the continuity of development.
A dwelling unit or part thereof, other than a hotel or motel,
in which, for compensation, lodging and meals are provided for three
or more persons.
The area of a lot remaining after the minimum yard and open
space requirements of this Zoning Code have been met.
The width of that part of a lot not included within the open
space requirements of this Zoning Code.
Any structure having a roof supported by columns or walls,
for the housing or enclosure of persons, animals, processes, equipment,
goods, or materials of any kind.
The vertical distance from the average finished grade at
the front building line to the highest point of the coping of a flat
roof, or to the deckline of the highest point of coping or parapet
of a mansard roof, or to the mean height level between eaves and ridge
for gable, hip, shed and gambrel roofs. When the highest wall of a
building with a shed roof is within 35 feet of a street, the height
of such building shall be measured to the highest point of the coping
or parapet.
The principal building or one of the principal buildings
on a lot, or the building or one of the principal buildings housing
the principal use on the lot.
A means of concealing a building or other man-made structure
which creates the effect that the camouflaged object is part of the
natural surroundings.
The construction of facilities to house or support telecommunication
towers or antennas so that the towers or antennas blend readily with
the landscape, neighborhood, and adjacent architectural features.
Examples of camouflaging that could be used are silo and barn, windmill,
simulated tree and flagpole.
Any type of structure or building used for signaling or for
any other form of communications.
A story entirely underground or partly underground, with
at least 1/2 of its height below-grade.
An establishment providing for the care, supervision, and
protection of children.
An establishment where physicians or dentists admit patients
who are not lodged overnight for examination or treatment.
Buildings and facilities owned or operated by a corporation,
association, person or persons for a social, educational or recreational
purpose, but not primarily for profit and not primarily to render
a service that is customarily carried on as a business.
A development design technique that concentrates buildings
in specific areas on a site to allow the remaining land to be used
for recreation, common open space, and preservation of environmentally
sensitive areas.
Telecommunications facilities which utilize existing towers,
buildings or other structures for placement of antenna(s) and which
do not require construction of a new tower.
Materials, written and/or graphic, including but not limited
to maps, charts, studies, resolutions, reports, and other descriptive
materials, that identify the goals, objectives, principles, guidelines,
policies, standards, devices and instruments for the immediate and
long-range protection, enhancement, growth and development of the
Village.
A use listed as such in this Zoning chapter and which may
be permitted in a specified district under certain conditions, such
conditions to be determined in each case by the terms of this Zoning
chapter after public hearing in accordance with the procedures specified
by this Zoning chapter and applicable state law.
The grant of a property right stipulating that the described
land will remain in its natural state and precluding future or additional
development.
See "nursing home."
Any retail establishment offering for sale prepackaged food
products, household items, newspapers and magazines and sandwiches
and other freshly prepared foods, such as salads, pizza and hot dogs,
for off-site consumption.
Includes all materials resulting from the construction, excavation,
renovation, equipping, remodeling, repair or demolition of structures,
property or roads as well as materials consisting of vegetation resulting
from land clearing and grubbing, utility line maintenance and seasonal
and storm-related cleanup. Such materials include but are not limited
to bricks, concrete and other masonry material, soil, rock, wood,
wall coverings, plaster, drywall, plumbing fixtures, nonasbestos insulation,
roofing shingles, asphalt pavement, glass, window frames, electrical
wiring, and components, plastics, carpeting, foam padding, linoleum,
metals, or any combination thereof which is incidental to construction,
excavation, renovation, equipping, remodeling, repair or demolition.
A dish antenna larger than two feet in diameter.
A dish antenna with a diameter of two feet or less.
Any dog, cat ferret or other small animal or fish customarily
kept in or about the home or place of residence which is kept according
to the applicable state and local laws regarding the keeping thereof.
A term used to describe an establishment designed or operated
to serve a patron while seated in an automobile parked in an off-street
parking space or service facility.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A building containing one or more rooms with provision for
living, cooking, and sanitary and sleeping facilities arranged for
the permanent occupancy of one family and used exclusively therefor,
but not including trailers, mobile homes, hotels, motels, motor lodges,
boardinghouses and lodging houses, tourist courts or tourist houses.
A room or group of rooms designed, occupied or intended to
be occupied as separate living quarters, with cooking, sleeping, and
sanitary facilities provided within the dwelling unit for the exclusive
use by a single family or other group of persons living together as
a household or by a person living alone.
A building designed for or occupied exclusively by three
or more families living independently of each other and having separate
housekeeping facilities.
A dwelling used as a secondary place of residence for seasonal
vacations and/or recreational purposes and not as a principal residence
of the owner or occupant thereof. This definition includes, but is
not limited to, hunting cabins, summer cottages and cabins.
A building designed for or occupied exclusively by one family
and equipped with housekeeping facilities.
A building designed for or occupied exclusively by two families
living independently of each other and having separate housekeeping
facilities.
The right granted by a private landowner to another private
landowner, government agency, or public utility company for a specific
purpose.
A large building or facility used for public events, trade
shows, banquets, meetings, sporting events and conventions.
One or more persons occupying a dwelling as a single housekeeping
unit with single culinary facilities.
Open-air or partially enclosed seasonal market in which locally
produced commodities are sold to the public.
See "automobile service station."
Establishments including but not limited to banks, savings
and loans, credit unions, credit agencies, investment companies, brokers
and dealers of securities and commodities and security and commodity
exchanges.
Area adjacent to streams, rivers, watercourses and other
bodies of water that is subject to periodic flooding and has an elevation
at or below the one-hundred-year flood frequency.
Determined by dividing the gross floor area of all buildings
on a lot by the area of that lot.
STREET FRONTAGEAll of the property on one side of a street between two intersecting streets (crossing or terminating), measured along the line of the street, or if the street is dead-ended, then all of the property abutting on one side between an intersecting street and the dead end of the street.
LOT FRONTAGEThe distance for which the front boundary line of the lot and the street line are coincident.
A garage used for storage purposes only and having a capacity
of not more than four automobiles and a floor area of not more than
900 square feet or not more than two automobiles per family housed
in the building to which the garage is accessory, whichever is greater.
Includes all putrescent animal and vegetable waste resulting
from growing, processing, marketing and preparation of food items,
including the container in which packaged.
A tract of land laid out for at least nine holes for playing
the game of golf and improved with tees, greens, fairways, and hazards
and that may include a clubhouse and shelter.
Any department, commission, independent agency, or instrumentality
of the United States or of a state, county, incorporated or unincorporated
municipality, township, authority, district, or other governmental
unit.
Grade elevation shall be determined by averaging the elevations
of the finished ground at all the corners and/or other principal points
in the perimeter wall of the building.
A building whose roof and sides are largely made of glass
or other transparent or translucent material and in which the temperature
and humidity can be regulated for the cultivation of delicate or out-of-season
plants for subsequent sale or for personal enjoyment.
A nonprofit or for-profit boarding home for the sheltered
care of persons with special needs which, in addition to providing
food and shelter, may also provide some combination of personal care,
social or counseling services, and transportation.
Living quarters within a detached accessory building located
on the same premises with the main building for use by temporary guests
of the occupants of the premises, such quarters having no kitchen
facilities or separate utility meters and not rented or otherwise
used as a separate dwelling.
An area of land, water or structure used or intended to be
used for the landing and takeoff of helicopters.
Any occupation, profession, enterprise or activity conducted
solely by one or more members of a family on the premises which is
incidental and secondary to the use of the premises for dwelling,
provided that:
Not more than the equivalent area of 1/4 of one floor shall
be used for such purpose.
Such occupation shall not require external or internal alterations
or the use of machinery or equipment not customary for purely domestic
household purposes.
No commodity is stored or sold, except such as are made on the
premises.
There shall be no group instruction, assembly or activity or
no display that will indicate from the exterior that the building
is being utilized in part for any purpose other than that of a dwelling.
When within the above requirement, a home occupation includes but
is not limited to the following:
However, a home occupation shall not be interpreted to include
the conduct of bed-and-breakfasts, breakfasts, barbershops, nursing
homes, convalescent homes, rest homes, restaurants, tearooms, tourist
homes, massage parlors or similar establishments offering services
to the public.
A building, or group of buildings, having room facilities
for overnight patients, used for providing services for the in-patient
medical or surgical care of sick or injured humans and which may include
related facilities, central service facilities and staff offices;
provided, however, that such related facility must be incidental and
subordinate to the main use and must be an integral part of the hospital
operations.
A place where animals are given medical care and the Boarding
of animals is limited to short-term care incidental to the hospital
use.
A building in which lodging or boarding and lodging are provided
for more than 20 persons, primarily transient, and offered to the
public for compensation and in which ingress and egress to and from
all rooms is made through an inside lobby or office supervised by
a person in charge at all hours.
A building or structure, or group of buildings or structures,
that by design and construction is primarily intended for conducting
organized religious services and associated accessory uses.
Any scrap, waste, reclaimable material or debris, whether
or not stored or used in conjunction with dismantling, processing,
salvage, storage, baling, disposal or other use or disposition, including
but not limited to vehicles, tires, vehicle parts, equipment, paper,
rags, metal, glass, building materials, household appliances, brush,
wood and lumber.
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.
A completely planted visual barrier composed of evergreen
plants and trees arranged to form both a low-level and a high-level
screen. The high-level screen shall consist of evergreen trees planted
at an initial height of not less than five feet and planted at intervals
of not more than two feet.
A building, or part thereof, where clothes or other household
articles are washed in selfservice machines with a capacity for washing
not exceeding 20 pounds dry weight and where such washed clothes and
articles may also be dried or ironed and no delivery service is provided
in connection therewith.
A building, or part thereof, other than a laundromat, where
clothes and other articles are washed, dried and ironed.
An area within the direct line between the land-based antenna
and the orbiting satellites; also known as the "reception window."
A parcel of land occupied or to be occupied by a main building
or group of main buildings and accessory buildings, together with
such yards, open spaces, lot widths and lot areas as are required
by this Zoning chapter, and having frontage upon a street, either
shown on a plat of record or considered as a unit of property and
described by metes and bounds.
A lot bordering on two streets that intersect at an angle
not greater than 135°.
The line separating the lot from a street on which it fronts.
On a corner lot, the front shall be deemed to be along the shorter
dimension of the lot, and where the dimensions are equal, the front
shall be on that street on which a predominance of the other lots
in the block front.
The lot line opposite and most distant from the front lot
line.
Any lot line other than a front or rear lot line.
A lot shown upon a plan of subdivision or upon a plat attached
or referred to in a deed described by metes and bounds in a deed recorded
in the County Clerk's office.
The shortest horizontal distance between the points where
the minimum required front yard line intersects the side lot lines
measured along the building setback line.
The average horizontal distance between the front and the
rear lot lines.
A lot, other than a corner lot, which has frontage on two
streets.
Any lot other than a corner lot.
A single-family dwelling built according to the federal Manufactured
Home Construction and Safety Standards (24 CFR 3280) HUD Code, which
meets or exceeds the following criteria:
The manufactured home has a minimum width of over 20 feet (multi
section).
The manufactured home has a minimum of 900 square feet of enclosed
living area.
The pitch of the roof has a minimum nominal 3/12 pitch and has
a type of shingle commonly used in standard residential construction.
The exterior siding consists of vinyl or aluminum lap siding,
wood, masonite, or other materials similar to the exterior siding
commonly used in standard residential construction.
All towing devices, wheels, axles, and hitches must be removed.
A single-family dwelling built according to the federal Manufactured
Home Construction and Safety Standards (24 CFR 3280) HUD Code, which
does not meet the criteria of a residential designed manufactured
home.
A movable or portable dwelling over 32 feet in length and
over eight feet wide, constructed to be towed on its own chassis,
connected to utilities and designed without a permanent foundation
for year-round occupancy, which can consist of one or more components
that can be retracted for towing purposes and subsequently expanded
for additional capacity or of two or more units separately towable
but designed to be joined into one integral unit.
A lot on which are located or which is arranged or equipped
for the accommodation of two or more mobile homes occupied for living
purposes and not accessory to a farm.
A single-family dwelling which is constructed according to
the standards set forth in local or state building codes and may consist
of two or more sections transported to the site in a manner similar
to a manufactured home, or a series of panels or room sections transported
on a truck and erected or joined together on a site. Modular homes
may or may not have an integrated chassis.
A building in which lodging or boarding and lodging are provided
and offered to the public for compensation. As such, it is open to
the public in contradistinction to a boardinghouse or lodging house
or a multiple dwelling; same as hotel, except that the buildings are
usually designed to serve tourists traveling by automobile, ingress
and egress to rooms need not be through a lobby or office, and parking
usually is adjacent to the dwelling unit.
An otherwise legally platted lot that does not conform to
the minimum area or width requirements of this Zoning chapter for
the district in which it is located, either at the effective date
of this Zoning chapter or as a result of subsequent amendments to
this Zoning chapter.
The otherwise legal use of a building or structure or of
a tract of land that does not conform to the use regulations of this
Zoning chapter for the district in which it is located, either at
the effective date of this Zoning chapter or as a result of subsequent
amendments to this Zoning chapter.
An establishment used as a dwelling place for the aged, infirm,
chronically ill or incurably afflicted persons, in which not less
than three persons live or are kept or provided for on the premises
for compensation, excluding clinics and hospitals and similar institutions
devoted to the diagnosis, treatment or care of the sick or injured.
New York City Department of Environmental Protection.
New York Codes, Rules and Regulations.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
New York State Department of Environmental Conservation.
New York State Department of Health.
An all-weather surfaced area not in a street or alley and
having an area of not less than 200 square feet, exclusive of driveways,
permanently reserved for the temporary storage of one vehicle and
connected with a street or alley by a surfaced driveway that affords
ingress and egress for an automobile without requiring another automobile
to be moved.
Commercial mobile services, unlicensed wireless services
and common carrier exchange access services.
The designated body appointed by the Village Board for the
purpose of reviewing and approving applications and preparation of
a Comprehensive Plan.
A building, or part thereof, owned or leased and occupied
and used by an agency or political subdivision of the United States
of America, the state, the county or the municipality.
A closely regulated enterprise with a franchise for providing
to the public a utility service deemed necessary for public health,
safety, and welfare.
A water or sewer system owned and operated by a municipality
or county, or owned and operated by a private individual or a corporation
approved by the governing body and properly chartered and certified
by the appropriate state agency, and subject to special regulations
as herein set forth for the collection, treatment, and disposal of
wastes and the furnishing of potable water.
The whole body of regulations, text, charts, tables, diagrams,
maps, notations, references and symbols contained or referred to in
this chapter.
A dwelling unit intended for rental to transients on a day-to-day
or week-to-week basis but not intended for use or used as a permanent
dwelling and not including culinary facilities.
Any R-R, R-S, and R-M Districts as enumerated in this chapter.
Generally, the right of one to pass over the property of
another through legal means, including deeds and property conveyances.
A strip of land acquired by reservation, dedication, forced
dedication, prescription, or condemnation and intended to be occupied
by a road, crosswalk, railroad, electric transmission lines, oil or
gas pipeline, water line, sanitary storm sewer, and other similar
uses for the interest of public health and safety.
A building other than a hotel, motel or motor lodge where,
for compensation and by prearrangement for definite periods, lodging,
meals, or lodging and meals are provided for three or more persons
but containing no more than five sleeping rooms.
Includes all discarded or nonputrescent solid wastes consisting
of both combustible and noncombustible wastes, including but not limited
to paper and paper products, rags, wrappings, cigarettes, cardboard,
cans, yard clippings, wood, glass, metals, machinery, plastics, rubber,
leather, tires, bedding, cloth, crockery, furniture, appliances and
similar items.
New York State Environmental Quality Review Act.
The required minimum horizontal distance between the lot
or property line and the nearest front, side, or rear line of the
building, including terraces or any covered projection thereof, excluding
steps.
An identification, description, illustration, or device which
is affixed to or represented directly or indirectly upon a building,
structure or land and which directs attention to a product, place,
activity, person, institution or business.
That area within a line including the outer extremities of
all letters, figures, characters and delineations or within a line
including the outer extremities of the framework or background of
the sign, whichever line includes the larger area. The support for
the sign background, whether it is columns, a pylon or a building,
or part thereof, shall not be included in the sign area. Only one
side of a double-faced sign shall be included in a computation of
sign area. The area of a cylindrical sign shall be computed by multiplying
1/2 of the circumference by the height of the sign.
A sign relating only to uses on the premises on which the
sign is located or products sold on the premises on which the sign
is located or indicating the name or address of a building or the
occupants or management of a building on the premises where the sign
is located.
Any sign of lightweight fabric or similar material that is
mounted to a pole, building or other permanent structure either advertising
an event, sale or announcement or as a decorative display. National
flags, state or municipal flags, or the official flag of any institution
of business shall not be considered as banners.
A sign not attached to or painted on a building but which
is affixed to the ground. A sign attached to a flat surface such as
a fence or wall not a part of a building shall be considered a detached
sign.
A sign with two parallel, or nearly parallel, faces, back
to back, and located not more than 24 inches from each other.
An illuminated sign on which the artificial or reflected
light is not maintained stationary and constant in intensity and color
at all times when in use. Any sign that revolves or moves, whether
illuminated or not, shall be considered a flashing sign.
Any sign attached to, and erected parallel to the face of,
or erected or painted on the outside wall of, a building and supported
throughout its length by such wall or building and not extending more
than 18 inches from the building wall.
Any sign that is not an accessory sign or that is not specifically
limited to a special purpose by these regulations. A billboard shall
be considered a large general advertising sign.
The vertical distance from the street grade or the average
lot grade at the front setback line, whichever is greater, to the
highest point of the sign.
Any sign designed to give forth artificial light or designed
to reflect light from one or more sources of artificial light erected
for the purpose of providing light from the sign.
A sign which does not produce artificial light from within
itself but which is opaque and back-lighted or illuminated by spotlights
or floodlights not a part of or attached to the sign itself, or a
sign of translucent nontransparent material illuminated from within
but with no exposed or exterior bulbs, tubes or other light source.
Any sign attached to or hung from a marquee. For the purpose
of the article, a "marquee" is a covered structure projecting from
and supported by the building with independent roof and drainage provisions
and which is erected over a doorway or doorways as protection against
the weather.
A sign composed of discharge lamps which contains large amounts
of the colorless and odorless inert gaseous element known as "neon."
Any sign not permanently attached to the ground or other
permanent structure, or a sign designed to be transported, including
but not limited to signs designed to be transported by means of wheels;
signs converted to A- or T-frames; menu and sandwich board signs;
balloons used as signs; umbrellas used for advertising; and signs
attached to or painted on vehicles parked and visible from the public
right-of-way, unless said vehicle is used in the normal day-to-day
operations of the business.
A sign that is attached to and projects more than 18 inches
from the face of a wall of a building. The term "projecting sign"
includes a marquee sign.
Any sign that is used only provisionally and is not permanently
mounted.
A device or structure designed to absorb incident solar radiation
to convert the solar radiation to thermal, chemical or electrical
energy and to transfer the converted energy to a medium passing through
or in contact with it.
Radiant energy (direct, diffuse and reflected) received from
the sun.
An arrangement or combination of components and structures
designed to provide heating, cooling, hot water or electricity through
the process of collecting, converting, storing, protecting against
unnecessary dissipation and distributing solar energy.
Includes all putrescent and nonputrescent material and substances
discarded or rejected as having served their original intended use
or as being spent, useless, worthless or in excess to the owner at
the time of such discard or rejection, including but not limited to
household and commercial garbage, industrial waste, rubbish, debris,
litter and ashes.
An accessory building, not related to the ordinary operation
of a farm, for the housing of not more than four horses or mules owned
by a person or persons living on the premises and which horses or
mules are not for hire or sale.
Any stable for the housing of horses or mules, operated for
remuneration, hire, sale or stabling, or any stable, not related to
the ordinary operation of a farm, with a capacity of more than four
horses or mules, whether or not such stable is operated for remuneration,
hire, sale or stabling.
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, then the space between such floor and the ceiling
next above it. A basement shall be counted as a story for the purpose
of height measurement if its ceiling is over five feet above the level
from which the height of the building is measured or if it is used
for business purposes other than storage, or if it is used as a separate
dwelling unit by other than a janitor or other employee and his family.
A partial story under a gable, hip or gambrel roof, the wall
plates of which on at least two opposite exterior sides are not more
than two feet above the floor of such story; provided, however, that
any such story used as a separate dwelling unit, by other than a janitor
or other employee and his family, shall be counted as a full story.
A public or private thoroughfare that affords the principal
means of access to abutting properties, whether designated as a freeway,
expressway, highway, road, avenue, boulevard, lane, place, circle,
or however otherwise designated.
The center line of a street as shown in any of the official
records of the county or of the municipality or as established by
the Municipal Engineer or by the State Department of Highways. If
no center line has been established, the center line of the street
shall be a line lying midway between the side lines of the right-of-way
thereof.
The line between a lot, tract, or parcel of land and a contiguous
street.
Any portable pool or permanent structure containing a body
of water 18 inches or more in depth and 250 square feet or more of
water surface area, intended for recreational purposes, including
a wading pool, but not including an ornamental reflecting pool or
fish pond or other type of pool, located and designed so as not to
create a hazard or be used for swimming or wading.
Accessory buildings and structures, including base stations,
designed and used to shelter telecommunications equipment and/or to
support personal wireless telecommunications facilities and located
on the same lot as a telecommunications facility or tower.
An antenna designed to transmit or receive communications
as authorized by the Federal Communications Commission (FCC), including
but not limited to radio, television, cellular, paging, PCS and microwave
communications. Design examples of a telecommunications antenna are
described as follows: a) whip; b) panel; and c) dish. The term "telecommunications
antenna" shall not include an amateur radio operator's equipment
as licensed by the FCC or private, residential reception equipment.
A dwelling with a family in residence containing more than
two and fewer than 10 rooms rented for lodging.
A single-family dwelling designed to be sold as a unit but
forming one of a group or series of three or more attached single-family
dwellings separated from one another by walls without doors, windows
or other provisions for human passage or visibility through such walls
from basement to roof and having roofs that may extend from one of
the dwelling units to another.
A structure that is:
Intended to be transported over the streets and highways (either
as a motor vehicle or attached to or hauled by a motor vehicle); and
Designed for temporary use as a sleeping quarters but does not
satisfy one or more of the definition criteria of a manufactured or
mobile home as defined in this chapter.
A satellite signal that, when viewed on a conventional television
set, is at least equal in picture quality to that received from local
commercial television stations or by way of cable television.
A vehicle that is more than 25 years old and not abandoned.
A self-propelled device used for transportation of people
or goods over land surfaces and licensed as a motor vehicle.
An open space, other than a court, on a lot and unoccupied
and unobstructed from the ground upward, except as otherwise provided
in this Zoning chapter.
In measuring a yard, the "building line" shall be deemed
to mean a line parallel to the nearest lot line drawn through the
point of a building or the point of a group of buildings nearest to
such lot line, and the measurement shall be taken at right angles
from the building line to the nearest lot line.
A yard lying between the front lot line and the nearest part
of the building or use not hereinafter excepted and extending across
the full width of the lot. The "front yard depth" shall mean the distance,
measured horizontally, between any part of the building or use not
specifically excepted and the front lot line.
A yard lying between the rear lot line and the nearest part
of the building not hereinafter excepted and extending across the
full width of the lot. The "rear yard" shall mean the distance, measured
horizontally, between any part of the building not specifically excepted
and the rear lot line.
A yard lying between a side lot line and the nearest part
of the building or use not hereinafter excepted and extending from
the front yard to the rear yard. "Side yard width" shall mean the
shortest distance, measured horizontally, between any part of the
building or use not specifically excepted and the nearest side lot
line.
The delineation of districts and the establishment of regulations
governing the use, placement, spacing, and size of land and buildings.
An officially constituted body whose principal duties are
to hear appeals and, where appropriate, grant variances for the strict
application of the Zoning chapter. The ZBA is also the responsible
body for interpreting the meaning of the Zoning chapter and the Zoning
Map.
The map or maps that are a part of the Zoning chapter and
delineate the boundaries of zone districts.
