Except where specifically defined herein, all words used in
this chapter shall carry their customary meaning. Doubt as to the
precise meaning of a word shall be clarified by the Board of Appeals
under its powers of interpretation.
ACCESSORY STRUCTURE
A building or structure which is of secondary importance
to the principal structure of the parcel and which is not used for
human occupancy, including but not limited to garages, sheds and swimming
pools. Where an accessory structure is attached to the main structure
in a substantial manner, as by a wall or roof, such accessory structure
shall be considered part of the main structure.
ACCESSORY USE
A use customarily incidental and subordinate to the principal
use, and which is located on the same parcel with such principal use.
ADULT ARCADE
Any place to which the public is permitted or invited wherein
coin-operated or slug-operated or electronically, electrically or
mechanically controlled still- or motion-picture machines, projectors
or other image-producing devices are maintained to show images to
five or fewer persons per machine at any one time, and where the images
so displayed are distinguished or characterized by depicting or describing
specified adult activities or specified anatomical areas.
ADULT BOOKSTORE or ADULT VIDEO STORE
A commercial establishment which offers for sale or rental
for any form of consideration any one or more of the following:
A.
Books, magazines, periodicals or other printed matter, or photographs,
films, motion pictures, videocassettes or video reproductions, slides
or other visual representations which depict or describe specified
adult activities.
B.
Instruments, devices or paraphernalia which are primarily intended,
labeled, designed, advertised or promoted for use in connection with
specified adult activities.
ADULT CABARET
A nightclub, bar, restaurant or similar commercial establishment
which regularly features:
A.
Persons who appear in a state of nudity; or live performances
which are characterized by the exposure of specified anatomical areas
or by specified adult activities; or
B.
Films, motion pictures, videocassettes, slides or other photographic
reproductions which are characterized by the depiction or description
of specified adult activities or specified anatomical areas.
ADULT ENTERTAINMENT BUSINESS
A public or private establishment, or any part thereof, which
presents any of the following entertainments, exhibitions or services:
topless and/or bottomless dancers; strippers; topless waitressing,
busing or service; topless hair care or massages; service or entertainment
where the servers or entertainers wear pasties or G-strings or both;
adult arcade; adult bookstore or adult video stores; adult arcade;
adult cabarets; adult motels; adult motion-picture theaters; adult
theaters; nude model studios and sexual encounter centers.
ADULT MOTEL
A hotel, motel or similar commercial establishment which
offers accommodations to the public for any form of consideration,
provides patrons with closed-circuit television transmissions, films,
motion pictures, videocassettes, slides or other photographic reproductions
which are characterized by the depiction or description of specified
adult activities or specified anatomical areas and has a sign visible
from the public right-of-way which advertises the availability of
this adult type of photographic reproductions.
ADULT MOTION-PICTURE THEATER
A commercial establishment where, for any form of consideration,
films, motion pictures, videocassettes, slides or similar photographic
reproductions are regularly shown which are characterized by the depiction
or description of specified adult activities or specified anatomical
areas.
ADULT THEATER
A theater, concert hall, auditorium or similar commercial
establishment which regularly features persons who appear in a state
of nudity or live performances which are characterized by the exposure
of specified anatomical areas or by specified adult activities.
ADVERTISING SIGN
A sign which is intended primarily for advertising a service
or product.
AGRICULTURE
The raising of crops, animals or animal products and the
selling of products grown on premises.
AREA VARIANCE
The authorization by the Board of Appeals for the use of
land in a manner which is not allowed by the dimensional or physical
requirements of the applicable use regulations.
ASSEMBLY HALL
A center, excluding game rooms, game centers, or bars, taverns
or nightclubs, as defined herein, in which people assemble, where
the purposes of assembly are amusement, entertainment, education,
recreation, socialization, relaxation, association or communication,
or any similar purpose or purposes. Such establishment may serve beverages
or allow their consumption on the premises as accessory to the primary
assembly use.
ATTACHED GARAGE
An accessory building or structure to a residential use,
which is physically attached to such residential use and is used primarily
for storage of no more than three automobiles, provided that such
garage may be used to shelter only one commercial vehicle, but in
no event shall such commercial vehicle exceed 1 1/2 tons'
capacity. A private garage never holds businesses, occupations or
services for profit.
AUTO SALES
Any area of land, including structures thereon, that is used
for the retail sale of motor vehicles and accessories which may or
may not include auto body/repair shop services.
AUTO SERVICE
Any building, premises and/or land in which or upon which
the primary use is a business which involves the service, maintenance
or repair of automobiles, and other small vehicles under 2 1/2
tons and motors, including the repair of the body or frame of an automobile,
including painting, straightening, sanding and welding, within an
enclosed structure and in which the sale of materials is clearly incidental
to the primary use.
BANK
An institution which deals in money and credit, and in which
money and/or other valuables may be deposited for safekeeping.
BED-AND-BREAKFAST
An owner-occupied private 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 10 occupants as lodgers in at least three and not more than five
rooms.
BOARD OF APPEALS
The Village of Fort Edward Zoning Board of Appeals appointed
for purposes of administering this chapter.
BUILDING
Shelter having a roof supported by columns or walls and intended
for the shelter or enclosure of persons, animals or property.
BUILDING COVERAGE
That percentage of the plot or lot area covered by the area
of buildings.
BUILDING SUPPLY
A building designed and occupied for a business that sells
to third parties materials used in commercial and residential structures.
CAMPGROUND
Any parcel of land on which are located two or more cabins,
tent sites, shelters, travel trailer sites or other accommodations
of a design or character suitable for seasonal or other temporary
living purposes, and which is used for economic gain.
CLUB
Any organization catering to members and their guests, or
premises and buildings for recreational or athletic purposes and not
open to the general public, which are not conducted primarily for
economic gain. The term "club" shall include lodges, fraternal organizations,
mutual benefits societies and other like organizations. A hunting
lodge shall not be considered a club.
COMMERCIAL USE
Any use involving the sale, rental or distribution of goods
or services, either retail or wholesale, such as stores, offices or
the provision of recreational facilities for a fee.
COMMERCIAL WASTE
Solid waste generated by commercial and institutional processes
which is not industrial, hazardous or construction and demolition
debris waste.
CONSTRUCTION AND DEMOLITION DEBRIS
Solid waste resulting from the construction, remodeling,
repair and demolition of structures and roads and solid waste consisting
of vegetation resulting from land clearing and grubbing, utility line
maintenance and seasonal and storm related cleanup. Such waste includes
but is not limited to bricks, concrete and other masonry materials,
wood, wall coverings, plaster, drywall, plumbing fixtures, insulation,
roofing shingles, asphaltic pavement, glass, electrical wiring and
metals that are incidental to any of the above.
CONSTRUCTION COMPANY
Businesses related to the construction trade, including but
not limited to paving companies, bricklayers, septic tank cleaning
companies, well drillers, installation and building companies and
similar businesses where machinery, equipment, supplies and materials
are stored and maintained for use or installation at another location.
DAY-CARE CENTER
A use where professional child day-care services are offered
for six or more children depending on age, for more than three hours
a day but fewer than 24 hours a day, that is operated as a principal
or accessory use by an individual, organization or agency as licensed
or regulated by the applicable New York State agencies.
DAY-CARE HOME
A dwelling unit use licensed by and in compliance with the
New York State Department of Social Services or other applicable state
regulations wherein child day-care services are provided. Such day-care
homes shall include family day-care homes and group family day-care
homes.
DETACHED GARAGE
An accessory building or structure to a residential use,
which is not physically attached to such residential use and is used
primarily for storage of no more than three automobiles, provided
that such garage may be used to shelter only one commercial vehicle,
but in no event shall such commercial vehicle exceed 1 1/2 tons'
capacity. A private garage never holds businesses, occupations or
services for profit.
DIRECTIONAL SIGN
A nonilluminated sign intended primarily for the purpose
of informing the traveling public where a business is located and
what products or services are available there.
DISPOSAL
A material is disposed of if it is discharged, deposited,
injected, dumped, spilled, leaked, burned, incinerated or placed into
any or on any land or water so that such material or any constituent
thereof may enter the environment or be emitted into the air or discharged
into groundwater or surface water.
DISTRIBUTION FACILITIES
A facility used to store and dispense products or articles
to another location. The definition includes a freight or trucking
terminal.
DUPLEX
A building designed for, or occupied by, no more than two
families living independently of one another, to include row-type
attached or semiattached dwellings limited to two dwelling units and
which share a common wall or portion thereof.
DWELLING
A building or part thereof used as living quarters. For purposes
of this chapter, the terms "dwelling unit," "one-family dwelling,"
"two-family dwelling" and "multifamily dwelling" shall not include
a motel, hotel, boardinghouse or tourist home.
DWELLING UNIT
A building or part thereof used as living quarters for one
family, containing independent cooking and sleeping facilities.
ELECTRIC POWER FACILITY
A facility designed and used to generate electricity, including
a stand-alone solar energy system, but not including any operation
that burns any material, in whole or in part, to generate electricity.
ESSENTIAL USE/SERVICE
Erection, construction, alteration, operation or maintenance
by municipal agencies or public utilities of telephone dial equipment
centers, electrical or gas substations, water treatment or storage
facilities, pumping stations and similar facilities which provide
an essential use or service the public has a legal right to demand
and receive. Cellular telephone transmission towers are not considered
to be an essential use or service.
EXCAVATION
A lot or part thereof used for the purpose of extracting
stone, sand, gravel or minerals for sale, as a commercial operation.
FAMILY
One or more persons related to each other by blood, marriage
or adoption, or not more than three individuals who are not related,
living together as a single housekeeping unit.
FLUSH-MOUNTED SOLAR PANEL
Photovoltaic panels and tiles that are installed flush to
a surface and which cannot be angled or raised.
FOOD SERVICE
Any establishment that prepares and serves meals for eat-in
or take-out customers. The food service component must be the primary
use in the building to fit this definition. For example, a supermarket
that prepares meals is not a food service establishment since the
primary use is grocery sales.
FUEL SUPPLY
A facility designed and used in whole or in part for the
distribution of fuel, including but not limited to propane fuel, home
heating fuel, gasoline and other petroleum products.
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, but not including facilities for cremation.
GALLERY
A facility designed and used for the display of art or historic
artifacts.
HAZARDOUS CHEMICALS
Solid, liquid or gaseous substances which pose a potential
hazard to human health or the environment when improperly treated,
stored, transported, disposed or otherwise managed, including but
not limited to hazardous substances designated by the United States
Environmental Protection Agency under Section 311 of the Clean Water
Act (40 CFR 116).
HAZARDOUS WASTE
A waste or combination of wastes, which, because of its quantity,
concentration or physical, chemical or infectious characteristics,
may cause or contribute to an increase in mortality or an increase
in irreversible or incapacitating reversible illness or may pose a
present or potential hazard to human health or the environment when
improperly treated, stored, transported, disposed or otherwise managed.
HEAVY EQUIPMENT
A lot utilized for the purposes of storage, rental, sales
and service of farm and heavy equipment and machinery, including logging
equipment, tractor-trailers and related farm and heavy transportation
equipment, such as bulldozers, backhoes, engines, compressors, trucks
over 2 1/2 tons, tractors, construction equipment and other heavy
machinery, vehicles or motors.
HEAVY INDUSTRY
Manufacturing and processing operations that may involve
the exterior storage of goods and materials as well as of finished
products.
HEIGHT OF BUILDING
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 for flat and mansard roofs, and to the average height
between the eaves and ridge for other types of roofs. Cupolas, steeples,
chimneys and television antennas are excluded in height computations.
HISTORICAL SITES AND STRUCTURES
Any historic site or structure which is on the State or National
Register of Historic Places or as is officially recognized by the
Village.
HOME OCCUPATION
An occupation conducted in a dwelling unit or garage which
is clearly secondary to the property's residential use which:
does not change the outside appearance of the dwelling, is not visible
from the road except for one sign as permitted by this chapter, does
not result in the outside storage or display of anything, does not
create a hazard to persons or property, does not create any adverse
impact upon neighboring properties, does not generate traffic or parking
in excess of what is normal for a residential use.
INDUSTRIAL USE
Any use involving the act of storing, preparing for treatment,
manufacturing or assembling any article, substance or commodity.
INDUSTRIAL WASTE
Solid waste generated by manufacturing or industrial processes.
JUNK
The outdoor storage or deposit of any of the following:
A.
One or more junk vehicles.
B.
One or more abandoned mobile homes or travel trailers.
C.
One or more appliances, including but not limited to washers,
dryers, dishwashers, stoves, refrigerators, freezers and televisions.
D.
One or more pieces of junk farm equipment or construction equipment,
except farm equipment stored on an active farm.
E.
One or more abandoned or irreparably damaged pieces of indoor
furniture, including but not limited to sofas, lounge chairs, mattresses,
bed frames, desks, tables, chairs and chests of drawers.
JUNK EQUIPMENT
Any equipment which is either abandoned, wrecked, stored,
discarded, dismantled or partly dismantled, and which is not in working
order, and has remained unused for more than one year.
JUNK VEHICLE
A.
Any motor vehicle, whether automobile, bus, trailer truck, tractor,
motor home, motorcycle, all-terrain vehicle, minibicycle or snowmobile
or any other device originally intended for travel on public highways,
which meets all the following conditions:
(2)
It is either abandoned, wrecked, stored, discarded, dismantled
or partly dismantled.
(3)
It is not in any condition for legal use upon the public highway.
(4)
It is in such condition as to cost more to repair and place
in operating condition than its reasonable market value at that time
before such repair.
B.
With respect to any motor vehicle not required to be licensed
or motor vehicle not usually used on public highways, the fact that
such motor vehicle has remained unused for more than six months and
is not in condition to be removed under its own power shall be presumptive
evidence that such motor vehicle is a junk motor vehicle.
JUNKYARD
The outdoor storage or deposit of any of the following:
A.
Five or more junk vehicles.
B.
Two or more abandoned mobile homes or travel trailers.
C.
Five or more appliances, including but not limited to washers,
dryers, dishwashers, stoves, refrigerators, freezers and televisions.
D.
Five or more pieces of junk farm equipment or construction equipment,
except farm equipment stored on an active farm.
E.
Five or more abandoned or irreparably damaged pieces of indoor
furniture, including but not limited to sofas, lounge chairs, mattresses,
bed frames, desks, tables, chairs and chests of drawers.
F.
Any combination of the above that totals five items.
KENNEL
An establishment in which more than five dogs more than six
months old are housed, groomed, bred, boarded, trained or sold.
LAND USE AND DEVELOPMENT PERMIT
A document issued by the Code Enforcement Officer authorizing
the use of lots or structures in conformity with this chapter.
LARGE SHOPPING CENTER
A parcel of land containing two or more retail or service
establishments with total gross square footage exceeding 10,000 square
feet.
LIBRARY
A facility designed and used for housing of books, periodicals
and related published materials, not including an adult bookstore.
LIGHT INDUSTRIAL USE
Any manufacturing or assembly facility which does not include
the manufacture of hazardous chemicals; the use of petroleum based
products except as incidental to the main industrial use; the outdoor
storage of scrap metal or junk; the creation of solid, liquid or airborne
hazardous wastes; the creation of significant undesirable smoke or
airborne particulate matter except as incidental to the main industrial
use; or the creation of noise which would have an adverse impact upon
neighboring properties. Examples of light industrial use include paper
manufacturing and medical device manufacturing where the majority
of the work occurs inside a structure.
LOGGING
The use of trees for use or manufacture of wood-related products,
including timber and mulch.
LOT
Any parcel of land which individually or as part of a subdivision
of land has been recorded in the County Clerk's office.
LOT FRONTAGE
The portion of the lot abutting upon a street or road.
LOT WIDTH
The horizontal distance between the side lot lines measured
at right angles to the depth, measured at a depth equal to the greater
distance of the minimum required front yard setback or the distance
from the public road to the nearest side of the building.
MANUFACTURED HOME
A structure transportable in one or more sections that, in
the traveling mode, is eight feet or more in width or 40 feet or more
in length or when erected on site is 320 square feet minimum, and
that was built on or after June 15, 1976, 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 "manufactured home" shall also include any structure that
meets all requirements of this definition except the size requirement
and with respect to which the manufacturer voluntarily files a certification
required by the federal Department of Housing and Urban Development
and complies with the standards established under the National Manufactured
House Construction and Safety Act of 1974 as amended. The term "manufactured
home" shall not include any self-propelled recreational vehicle. A
label certifying compliance with the Standard for Manufactured Homes,
NFPA 501, ANSI A119.1 in effect at the time of manufacture is deemed
acceptable. For the purpose of these provisions, a mobile home shall
be considered a manufactured home. This definition of manufactured
home includes all additions which are purchased and added thereto
or additions made subsequent to installation. This definition of manufactured
home does not include any factory manufactured modular housing placed
on a standard foundation nor does it include a recreational vehicle.
MARINA
Any waterfront facility which provides accommodation services
for vessels by engaging in any of the following:
A.
The sale of marina products or services.
B.
The sale, lease, rental or charter of two or more vessels of
any type.
C.
The sale, lease, rental or any other provision of storage, wharf
space or mooring for two or more vessels not registered to the owner
of said facility, members of the owner's immediate family or
overnight guests on said property.
D.
Any campground or travel trailer park which provides boats coincidentally
with the rental of camping spaces or rental of parking spaces for
automobiles shall be deemed to be a marina. The term "marina" shall
include quick-launch facilities as defined herein. Boat repair and
marina supply sales are permitted uses within marinas.
MICROBREWERY
A facility licensed by the New York State Liquor Authority
to produce or brew up to 60,000 barrels of beer annually and to conduct
such other activities as are permitted under a microbrewery license
and/or such additional permits and licenses as may be granted by the
Liquor Authority to the holder of the microbrewery license. In addition,
other activities which are ancillary and subordinate to beer brewing
and production operations shall be permitted.
MOBILE HOME
A movable or portable unit at least 32 feet in length which
is designed and constructed to be towed on its own chassis, comprised
of a frame, whether or not wheels are included, and designed to be
used as a dwelling unit when connected to required utilities. A mobile
home shall be construed to remain a mobile home, subject to all regulations
applying thereto, whether or not wheels, axles, hitch or other appurtenances
of mobility are removed and regardless of the nature of the foundation
provided. A unit may contain parts that may be folded, collapsed or
telescoped when being towed and expanded later to provide additional
cubic capacity as well as two or more separately towable components
designed to be joined into one integral unit capable of being again
separated into the components for repeated towing. Modular homes or
other dwelling units that are constructed in two or more main sections
and transported to and permanently assembled on a site are not considered
to be mobile homes.
MOBILE HOME PARK
Any lot of record upon which two or more mobile homes occupied
for dwellings or sleeping purposes are located, regardless of whether
or not a charge is made for such accommodations.
MODULAR HOME
A prefabricated dwelling unit delivered to the site in two
or more structural units and permanently assembled.
MOORING
Any anchor, chain, buoy, pennant or other object by which
a vessel is secured at one point.
MOTEL
A building or group of buildings, whether detached or in
connected units, containing transient and/or permanent lodging facilities
for the general public and which may contain accessory facilities
such as restaurants, meeting rooms, retail business activities and
related activities primarily to accommodate the occupants, but not
open to the general public, including buildings designated as auto
cabins, auto courts, motor lodges, tourist courts and similar terms.
MOTOR VEHICLE REPAIR SHOP
A building, or portion thereof, arranged, intended or designed
to be used for making repairs to motor vehicles, including auto body
shops.
MULTIFAMILY DWELLING
A building designed for, or occupied by, three or more families
living independently of one another, to include row-type attached
or semiattached dwellings which share a common wall or portion thereof.
NIGHTCLUB
An establishment dispensing liquor and meals and in which
music, dancing or entertainment is conducted.
NONCONFORMING LOT
Any legally created lot of record which existed on the effective
date of this chapter and which does not conform to the minimum requirements
of this chapter.
NONCONFORMING USE
A use of land existing at the time of enactment of this chapter
which is neither a permitted use nor allowed by special use permit
in the zone where it is located.
NUDE MODEL STUDIO
Any place where a person who appears in a state of nudity
or displays specified anatomical areas is regularly provided to be
observed, sketched, drawn, painted, sculptured, photographed or similarly
depicted by other persons who pay money or any form of consideration,
other than as a part of a course of instruction offered by an educational
institution established pursuant to the laws of the State of New York.
OFFICE
See below "professional or business office."
OUTDOOR RECREATION
Any recreation use particularly oriented to and utilizing
the outdoor character of an area, including children's summer
camps, hunting and fishing camps, horseback riding stables, playgrounds,
picnic areas, beaches or similar uses.
PARK
A municipally owned place of public recreation or congregation.
PARKING STRUCTURE
A structure designed and used in whole or in part to house,
support or provide shelter to more than four vehicles.
PERSON
An individual, proprietorship, partnership, corporation,
association or other legal entity.
PERSONAL SERVICE
Includes barber, hairdresser, beauty parlor, shoe repair,
photographic studio and businesses involving the care of a person
or his or her apparel.
PHOTOVOLTAIC (PV) SYSTEM
A solar energy system that produces electricity by the use
of semiconductor devices, called photovoltaic cells that generate
electricity when light strikes them.
PRINCIPAL STRUCTURE
The structure in which is conducted the principal use of
the lot on which it is located.
PRODUCE STAND
A structure designed for the sale of farm products, such
as fruits, vegetables and flowers.
PROFESSIONAL OR BUSINESS OFFICE
Offices and related spaces for use as professional services
as provided by medical practitioners, attorneys, architects, surveyors,
engineers, accountants and similar professions.
PUBLIC FACILITY
Any usage by a governmental agency or other agency providing
a not-for-profit public service, including but not limited to libraries;
public recreation facilities; schools; not-for-profit fire, ambulance
and public safety buildings; and not-for profit hospitals for the
care of human beings, nursing homes, convalescent homes, homes for
adults, homes for the aged as the same are defined under the Public
Health Law or the Social Services Law of the State of New York, provided
that they are duly licensed by the State of New York.
QUICK-LAUNCH FACILITY
A commercial facility where vessels are stored, launched
and stored again individually for periods of less than one week at
a time.
RECYCLING FACILITY
A facility designed in whole or in part for the reuse, separation,
dismantling or compaction of used goods
REPOSSESSION BUSINESS
An establishment primarily engaged in the recovery and short-term
storage of repossessed items. This type of facility may include an
office and either indoor and/or outdoor storage areas.
RESEARCH AND DEVELOPMENT
A building in which chemical, mechanical, physical, electrical
or other research, production, design or development of materials
or processes is conducted. The definition includes the term "laboratory."
RESTAURANT
An establishment at which food is served to patrons on the
premises, which may include the serving of alcoholic beverages, provided
that the serving of drinks is clearly secondary and accessory to the
serving of food.
RETAIL GASOLINE OUTLET
Any establishment which sells gasoline to the public, to
include service stations, convenience stores, car washes and any other
facility which sells gasoline.
RETAIL STORE
The offering, for consideration, of goods, services and merchandise
to the general public, excluding restaurants, taverns, motor vehicle
sales and services, boat sales, recreational vehicle sales and services,
mobile and modular home sales and services.
ROOFTOP SOLAR SYSTEM
A solar system in which solar panels are mounted on top of
the structure of a roof either as a flush-mounted system or as modules
fixed to frames which can be tilted toward the south at an optimal
angles.
SELF STORAGE
A structure or structures containing separate, individual,
and private storage spaces of varying sizes leased or rented on an
individual basis.
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one of its primary
business purposes, offers, for any form of consideration, activities
between male and female persons and/or persons of the same sex when
one or more of the persons is in a state of nudity or seminude.
SIDE BUILDING SETBACK
The space on the side of a lot not occupied by a building,
measured from the nearest side of a building to a side lot line and
extending the full length of the lot.
SIGN
Any material, structure or object, or part thereof, composed
of lettered or pictorial matter which is located out of doors or on
the exterior of a building, which is used for the purpose of bringing
the subject matter thereof to the attention of others, but excluding
any flag, emblem or insignia of a nation, political unit, school or
religious group.
SINGLE-FAMILY DWELLING
Detached building designed for or occupied by one family,
not to include single-wide or double-wide mobile homes. No single-family
dwelling may be rented on a per-room basis in any district under this
chapter.
SMALL SHOPPING CENTER
A parcel of land containing two or more retail or service
establishments with total gross square footage of 10,000 square feet
or less.
SOLAR ACCESS
Space open to the sun and clear of overhangs or shade, including
the orientation of the streets and lots to the sun so as to permit
the use of active and/or passive solar energy systems on individual
properties.
SOLAR COLLECTOR
A solar photovoltaic cell, panel or array, or any solar hot
air or solar tube which relies upon solar radiation as an energy source
for the generation of electricity or transfer of stored energy to
heat, air or water.
SOLAR ENERGY EQUIPMENT/SYSTEM
Solar collectors, controls, energy storage devices, heat
pumps, heat exchangers, and other materials, hardware or equipment
necessary to the process by which solar radiation is collected and
converted into another form of energy and is stored, protected from
unnecessary dissipation and distributed. Solar systems include solar
thermal and photovoltaic systems.
SOLAR PANEL
A device for the direct conversion of solar energy into electricity.
SOLAR THERMAL SYSTEM
Solar thermal systems directly heat water or other liquid
using sunlight. The heated liquid is used for such purposes as space
heating and cooling, domestic hot water, and heating pool water.
SOLID WASTE
All materials or substances that are discarded or rejected
as being spent, useless, worthless or in excess to the owners at the
time of such discard or rejection, including but not limited to garbage,
refuse, industrial and commercial waste, medical and infectious waste,
sludges from air or water treatment facilities, rubbish, tires, ashes,
contained gaseous material, incinerator residue, construction and
demolition debris, discarded automobiles and offal.
SPECIAL USE PERMIT
An authorization of a particular land use which is permitted
in this chapter subject to conditions which are designed to ensure
that the proposed use will not adversely affect the neighborhood if
such conditions are met.
SPECIFIED ADULT ACTIVITIES
Includes any of the following: actual sex acts, normal or
perverted, including intercourse, oral copulation or sodomy, masturbation,
excretory functions, actual acts of dismemberment, mutilation or torture
of humans or animals.
SPECIFIED ANATOMICAL AREAS
Includes any of the following unless completely and opaquely
covered: human genitals, pubic region, buttocks or breasts below a
point immediately above the top of the areola and even if completely
and opaquely covered, male genitals in a discernibly turgid state.
SPECIFIED CRIMINAL ACTIVITY
Includes any of the following offenses: prostitution or promotion
of prostitution; dissemination of obscenity; distribution or display
of harmful material to a minor; sexual performance by a child; possession
or distribution of child pornography; public lewdness; indecent exposure;
indecency with a child; engaging in organized criminal activity relating
to an adult entertainment use; sexual assault; molestation of a child;
distribution of a controlled substance; or any similar offenses to
those described above under the criminal or penal code of this state,
or other states or countries for which: 1) less than two years have
elapsed since the date of conviction or the date of release from confinement
imposed for the conviction, whichever is later, if the conviction
is of a misdemeanor offense; or 2) less than five years have elapsed
since the date of conviction or the date of release from confinement
imposed for the conviction, whichever is later, if the conviction
is of a felony offense; or 3) less than five years have elapsed since
the date of conviction or the date of release from confinement imposed
for the last conviction, whichever is later, if the convictions are
of two or more misdemeanor offenses or combination of offenses occurring
within any twenty-four-month period. The fact that a conviction is
being appealed shall have no effect on the disqualification of the
applicant or a person residing with the applicant.
STREET LINE
Right-of-way line of a street as dedicated by a deed or record.
Where the width of a street is not established, the street line shall
be considered to be 25 feet from the center line of the road pavement.
STRUCTURE
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground, including garages, swimming pools, satellite dishes
and outbuildings.
TAVERN
An establishment used primarily for the serving of alcoholic
beverages to the general public where food may be served as an accessory
to the primary use.
TELECOMMUNICATIONS TOWER
A structure or location designed, or intended to be used,
or used to support antennas. It includes, without limit, freestanding
towers, guyed towers, monopoles, and similar structures that employ
camouflage technology, including but not limited to structures such
as a church steeple, silo, water tower, sign or other similar structures
intended to mitigate the visual impact of an antenna or the functional
equivalent of such. It is a structure intended for transmitting and/or
receiving radio, television, cellular, paging, personal telecommunications
services, or microwave telecommunications, but excluding those used
exclusively for fire, police or other dispatch telecommunications,
or exclusively for private radio or television reception or exclusively
for private citizen's bands, amateur radio or other similar telecommunications.
TEMPORARY SIGN
Any "for sale" or "for rent" sign, political sign or any
sign announcing a community event or event conducted by a not-for-profit
organization which is temporary in nature and is intended to be removed
at the completion of the sale, rental, election or event.
TRAVEL TRAILERS
Any portable vehicle, including a tent camper, pop-up camper,
or motor home, which is designed to be transported on its own wheels,
which is designed and intended to be used for temporary living quarters
for travel, recreational or vacation purposes and which may or may
not include one or all of the accommodations and facilities customarily
included in a mobile home.
TRUCK DEPOT
The place for the division of bulk or storage and transfer
of cargo from and to trucks of one or more companies which may include
vehicle and ancillary storage and vehicle repair shops as well as
associated dispatch and general offices.
WAREHOUSE
A building used primarily for the temporary storage of goods
and material associated with retail, commercial, or industrial uses.
Warehouses may be classified as either principal or accessory structures
depending on the classification and context of the use.
WHOLESALE FACILITY
A use in which goods are sold to members of a trade or organization,
but not to the general public.