This chapter shall be known and may be cited as the "Zoning Law of the Village of Wampsville."
[Amended 7-11-2023 by L.L. No. 4-2025; 11-14-2023 by L.L. No. 9-2025; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
Generally. Except as otherwise indicated in this section, the words used in this chapter shall have the meaning commonly attributed to them. Doubts as to the precise meaning to any words used in this chapter shall be clarified by the Zoning Board of Appeals/Planning Board under its power of interpretation.
B.
Rules of interpretation. For the purpose of this chapter, certain terms or words herein shall be interpreted or defined as follows:
(1)
Words used in the present tense include the future tense.
(2)
The singular includes the plural.
(3)
The word "person" includes a corporation as well as an individual.
(4)
The word "shall" is always mandatory.
(5)
The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged, or designed to be used or occupied."
C. ACCESSORY STRUCTURE ACCESSORY USE ADULT BUSINESS(1) (2) (3) AGRICULTURAL BUSINESSES ALLEY ALTERATION OF A BUILDING ANIMAL BOARDING/BREEDING FACILITY ANIMAL CARE TREATMENT FACILITY ANIMAL HARBORING ANIMAL HOSPITAL ANIMALS(1) (2) (3) ANIMATED SIGN APARTMENT APARTMENT BUILDING AREA REGULATIONS ASSISTED LIVING FACILITY ATTERBERG LIMITS AND FIELD TESTS AUTO BODY REPAIR BANK/CREDIT UNION BASEMENT BED-AND-BREAKFAST RESIDENCE BOARDING HOUSE BUFFER BUILDABLE AREA BUILDING BUILDING HEIGHT BUILDING INTEGRATED SOLAR ENERGY SYSTEM BUILDING LINE BUILDING LINE WIDTH BUILDING PRODUCT SALES, STORAGE AND DISPLAY BULK STORAGE BUSINESS SIGN BUSINESS, LIMITED BUSINESS, RETAIL BUSINESS, WHOLESALE CARPORT CELL TOWER CELLAR CEMETERY CHURCH CLINIC CLUB CLUBHOUSE COMMERCIAL RESIDENCE COMMERCIAL VEHICLE COMMUNICATION TOWER COMMUNITY CENTER COMPREHENSIVE PLANNING CONSOLIDATION CONTRACTORS SERVICE YARD CONVERSION CORNER LOTS COURT CREMATORY CROPLAND DANCE STUDIO DAY-CARE CENTER DETACHED DISTRICT ZONE DOG KENNEL DOMESTIC ANIMALS OR PETS DRIVE-IN FOOD OR PACKAGE FOOD RESTAURANT DRIVE-IN SERVICE DUMP DWELLING DWELLING UNIT DWELLING, ONE-FAMILY DWELLING, TWO-FAMILY DWELLING, MULTIFAMILY(1) (2) (3) (4) (5) EMERGENCY VEHICLE STATION ENVIRONMENTAL MANAGER (EM) EXCAVATION/MINING USE EXHIBIT HALL EXHIBITION FAMILY FARM FARM STAND FENCE(1) (2) (3) FLOOD INSURANCE RATE MAP (FIRM) FLOOD-PRONE AREA FLOODWAY FLOOR AREA OF BUILDING FLUSH MOUNTED SOLAR ENERGY SYSTEM FREESTANDING SIGN FRONT YARD FRONT YARD DEPTH FRONT YARD WIDTH FUNERAL HOME GARAGE SALE GARAGE, PRIVATE GARAGE, PUBLIC GASOLINE SERVICE STATION GRADE, FINISHED GRAPHIC PLAN GREENHOUSE, ACCESSORY GREENHOUSE, COMMERCIAL GROSS FLOOR AREA GROUND MOUNTED SOLAR ENERGY SYSTEM HAZARDOUS MATERIAL STORAGE HEARING, INFORMATIONAL HEARING, PUBLIC HEAVY EQUIPMENT SALES, SERVICE AND STORAGE HEIGHT OF A SIGN HOME OCCUPATION HOSPITAL HOST COMMUNITY AGREEMENT HOTEL INDOOR RECREATION-PARTICIPANT INDOOR RECREATION-SPECTATOR INDUSTRIAL PARK INDUSTRIAL-HEAVY INDUSTRIAL-LIGHT INSTRUCTIONAL FACILITY JUNK JUNKYARD KENNEL KILOWATT (kW) LAND USE LANDSCAPE BUFFER LANDSCAPING LAUNDROMAT; LAUNDERETTE LIBRARY LOT LOT AREA LOT COVERAGE LOT FRONTAGE LOT NONCONFORMING LOT WIDTH LOT, FLAG MANUFACTURING MEDICAL OFFICE MEGAWATT (MW) MINI WAREHOUSE MINING, MINERAL EXTRACTION MOBILE HOME MOBILE HOME PARK MOTEL MOTOR HOME MOTOR VEHICLE RENTAL MOTOR VEHICLE REPAIR SHOP MOTOR VEHICLE SALES MOTOR VEHICLE STORAGE NATIVE PERENNIAL VEGETATION NET-METERING NIGHTCLUB/DANCE HALL NONCONFORMING BUILDING OR STRUCTURE NONCONFORMING USE NURSING OR CONVALESCENT HOME OFFICE OFFICE BUILDING OFFICE PARK OPEN PORCH OPEN SPACE PARCEL PARK LANDS PARKING SPACE PARKING SPACE, OFF-STREET PARTICULATE MATTER PERFORMANCE STANDARD PERIMETER STRIP PERSONAL SERVICE USE PLAN (PLOT or SITE) POLLINATOR PREMISES PRINCIPAL BUILDING PRIVATE CLUB PRIVATE SWIMMING POOL PROCESSING PROFESSIONAL OFFICES PROJECTING SIGN PROPERTY LINE PROPRIETARY HOME PUBLIC SELF-STORAGE UNIT FACILITY PUBLIC SWIMMING POOL QUALIFIED SOLAR INSTALLER REAR YARD REAR YARD DEPTH RECREATION AREAS RECYCLING PROCESS RECYCLING PROCESS FACILITY RELIGIOUS INSTITUTION RESIDENCE RESTAURANT RETAIL STORE RIGHT-OF-WAY(aka ROW) ROOF SIGN ROOFTOP-MOUNTED SOLAR ENERGY SYSTEM SCHOOL SELF-STORAGE FACILITY SENIOR ASSISTED-LIVING FACILITY SENIOR CITIZEN FACILITY SENIOR COMMUNITY CENTER SENIOR DAY CARE FACILITY SENIOR HOUSING DEVELOPMENT SENIOR INDEPENDENT-LIVING FACILITY SERVICE STATION SETBACK SHED SHOPPING CENTER SIDE YARD SIDE YARD WIDTH SIGN(1) (2) (3) (4) (5) (6) (7) SIGN SURFACE AREA SITE PLAN SITE PLAN REVIEW SOLAR ACCESS SOLAR COLLECTOR SOLAR ENERGY SYSTEM SOLAR FARMS SOLAR PANEL SOLAR SKYSPACE SOLAR STORAGE BATTERY SPECIAL USE STACK STANDARD CONDITIONS STORAGE UNIT, PORTABLE STREET STREET LINE STRUCTURE SUBDIVISION SUBDIVISION ADJUSTMENT SWIMMING POOL TEMPORARY RESIDENCE THEATER THEATER, OUTDOOR DRIVE-IN TOURIST HOME TOWNHOUSE TRADE SCHOOL TRAILER TRAILER COURT TRAVEL TRAILER TRUCKING TERMINAL UNIT, ATTACHED OR DETACHED UNIT, SEMI-DETACHED UNIT, UNATTACHED URGENT CARE FACILITY USE USE-PRINCIPAL USE-SECONDARY UTILITY STORAGE UNIT YARD ZONING
Specific terms. As used in this chapter, unless the context or subject matters otherwise requires:
Means a structure used or occupied as an adjunct of, or in conjunction with, the principal use or occupancy of the premises, or the building or buildings thereon, and which is located on the premises or adjacent thereto.
Means a use which is incidental or subordinate to and used in connection with the principal use on the same lot with such principal use. Some examples include uses such as management offices for businesses, institutional or industrial establishments, incidental machines, or equipment repair for retail businesses.
Means any use or business that:
Is any use of, structure or location which, by the provisions of the Penal Law, is required to restrict access thereto by minors.
Is an establishment, location, building, or structure which features topless dancers, nude dancers or strippers, male or female.
Is a location, building, or structure used for presenting, lending, or selling motion-picture films, videocassettes, cable television, or any other such visual media or used for presenting, lending, or selling books, magazines, publications, photographs, or any other written materials distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities.
Means businesses designed principally for the servicing of the needs of farm operating such as farm implement stores and feed stores.
Means a narrow service way providing a secondary means of access to abutting properties.
Means any modifications, change, rearrangement, or addition to a building, other than repairs, or any modification in building equipment.
Means a primary or accessory use where domestic or farm animals are harbored overnight for compensation and are provided with basic supervision and care (food, sleeping, and waste disposal areas). Common examples of this use include dog breeders and private or public horse stables. This land use may include facilities which are for grooming, training, riding, or shows.
Means a primary or accessory use where domestic (i.e., dog and cat, however this list is not exhaustive) animals are temporarily present for nonmedical care (i.e., grooming) or training programs, such as dog obedience; companion, seeing-eye, or rescue instruction; or competitive skills activities (hunting, retrieving, racing). This land use may include the sale of retail products and/or areas for shows. The definition excludes facilities for the boarding or breeding of animals.
Means the keeping of four or more cats; any number of horses, cattle, pigeons, fowl, rabbits, sheep, goats, pigs, or other customary farm animals; beehives; animals customarily kept in zoos; or the keeping of any animals for sale or hire, except for the sale of animals in commercial pet shops.
Means an establishment for the temporary occupation by sick or injured animals for the purpose of medical treatment.
These definitions recognize and address three basic categories of animals relevant to control within the scope and purpose of the definitions: domestic, farm, and exotic or wild animals.
DOMESTIC ANIMALSThose species that have historically been bred to live with people and are commonly trained and associated with people's homes or places of work as pets or as (non-farm) working companions; examples are dogs and cats. Other animals that have a historical presence as pets are some non-domesticated species that are maintained within glass tanks, cages, or similar display containers and include tropical fish, birds, small reptiles (turtles, frogs, lizards), and small rodents (hamsters, gerbils, mice, rats). This list is not exhaustive.
FARM ANIMALSThose species that have historically and commonly been associated with agricultural use as the production product (food, hides, fur, etc.), or as work animals directly related to the agricultural process (hauling, plowing, etc.). Typical farm animals include horses, cows, chickens, sheep, and pigs. Some species of fish are also raised in aquatic farms such as salmon, catfish, and trout. Agricultural use may be devoted solely to animal breeding for sale and end-use by others such as horses that are used for recreational purposes (racing, riding, or show). This list is not exhaustive.
EXOTIC (WILD) ANIMALSThose species that are indigenous or non- indigenous wild animals captured or bred in captivity and typically are not acclimated through selective breeding to regular human contact, though individual animals of many species have been domesticated for such human purposes and education (zoos and teaching facilities), entertainment (theaters and circus shows) or even as pets, they are not considered to be domestic or farm animals. Examples include large animals: monkeys, apes, lions, tigers, wolves, alligators, and boa constrictors. Small animals include falcons, hawks, squirrels, and raccoons. Some animals such as ferrets may require special licensing from New York State to be sold or maintained as pets. Due to the size, characteristics, or nature of some of these animals, they remain potentially harmful to humans and require special care and monitoring even when domesticated.
Means a sign or any portion thereof having movement by mechanical or natural means, including, by way of illustration and not limitation, rotating signs, wind signs, and signs where movement is simulated by illumination devices. This term shall include the use of blinding, flashing, and general intermittent light, as opposed to the light of constant intensity. All-time and/or temperature devices as defined herein shall not be considered animated, whether or not they contain or are incorporated into a sign.
Means a dwelling unit in a multiple-dwelling or mixed-occupancy building.
Means a building arranged, constructed, or designed to be occupied by three or more families living independently of each other, with ownership vested in other than the occupants thereof.
Means those regulations which refer to dimensional or numerical requirements in this chapter such as, but not limited to, lot size, coverage, percentage of impervious material, building height and number of parking spaces, density, and supplemental regulations which refer to dimensional or numerical requirements.
See "nursing/convalescent/assisted living facility."
A basic measure of the critical water contents of a fine-grained soil and its shrinkage limit, plastic limit, and liquid limit. Establishes the moisture contents at which fine-grained clay and silt soils transition between solid, semi-solid, plastic, and liquid states.
See "motor vehicle rental sales and service."
See "business, retail."
Also known as "cellar." Means that space of a building that is partly below grade which has more than half of its height, measured from floor to ceiling, above the average established curb level or finished grade of the ground adjoining the building.
Means a type of home occupation in an owner-occupied, single-family residence offering overnight lodging for guests or tourists and may include dining facilities limited only to the overnight guests.
Means any building containing primarily boarding units, with or without meals as a condition of occupancy. A rooming house furnished shall be deemed a "boarding house."
See "perimeter landscape strip."
Means the area within a lot eligible to be built upon or occupied by structures and/or land use activities that are bounded and established by the required front, side, and/or rear building lines set forth in the zone district requirements or supplemental regulations.
Means a type of structure wholly or partially enclosed within exterior walls and a roof to be used for sheltering people, animals, property, business, or other activities. Structures divided with interior walls extending from the foundation through to the roof shall generally be considered separate buildings. Common examples include houses, garages, factories, barns, and mobile homes. Fences, signs, and temporary structures, such as tents, are not buildings.
Means the vertical distance measured from the average elevation of the finished lot grade at the front of the building to the highest point of the ceiling of the top story in the case of a flat roof, to the deck line of a mansard roof, and to the mean height level between the eaves and ridge of a gable, hip, or gambrel roof.
Means a solar energy system incorporated into and becoming part of the overall architecture, design and structure of a building in a manner that the solar energy system is a permanent and integral part of the building structure.
Means a line connecting points in each sideline equidistant from the street line, beyond which no portion of a building shall extend, other than steps, eaves, cornices, and similar fixtures.
Means the length of the building line.
Means a retail or wholesale use where lumber, construction supplies, and similar products are sold, displayed for sale, or stored. Materials may be stored and activities may be conducted in exterior open areas.
Means the commercial development of land to be used or occupied by structures, equipment, vehicles, or storage areas designed to hold and distribute large quantities of material. Examples include petroleum products, fuels, and potentially hazardous chemicals.
Means a sign which directs attention to a business, industry, profession, commodity, service, or entertainment sold or offered upon the same premises where the sign is located.
Means a commercial activity generally conducted within an office and characterized by services of a clerical, administrative, technical, professional or general business nature, including data processing, computer programming and similar technology, but expressly excluded manufacturing, wholesaling or retail sales or merchandise kept on the premises.
Means a commercial activity designed for and primarily characterized by the direct, on-premises sale of goods and services to the ultimate consumer, generally involving stock-in-trade such as are normally associated with department stores, food markets, and similar establishments, but also including financial institutions, business and professional offices, and services, including on-premises manufacturing, processing, servicing, preparation, and wholesale business transactions customarily associated therewith but clearly incidental thereto. This the term shall not include restaurants, motor vehicle businesses, places of public assembly or medical centers.
Means a commercial activity characterized by the sale of merchandise in bulk to retail, manufacturing, institutional or other wholesale establishments, including on-premises storage and distribution facilities.
Means a roofed structure, used for the storage of one or more automobiles.
See "utility substation."
Means that space of a building that is partly or entirely below grade, which has more than half of its height, measured from the floor to the ceiling, below the average established curb level or finished grade of the ground adjoining the building. Also known as a "basement."
Land improved and maintained for the interment of animal or human and may include interment structures, such as mausoleums, administrative and maintenance structures, and facilities for conducting funeral services, but excludes facilities for the cremation of human or animal remains.
Means any structure used for worship or religious instruction including social and administrative rooms accessory thereto.
See "urgent care facility."
Means 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 is not conducted primarily for gain, and provided no vending stands, merchandising, or commercial activities are established except as required for the membership and purposes of such a club. For the purpose of this chapter, clubs shall include lodged, fraternal organizations, mutual benefit societies, and others like organizations.
Means a building to house a club or social organization not conducted for profit and which is not an adjunct to or operated by or in connection with a public tavern, cafe, or another public place.
Means a building containing transient and/or permanent lodging facilities for the general public and which generally contains accessory facilities such as restaurants, meeting rooms, retail business activities, and related activities designed primarily to accommodate the occupants, but open to the general public. This term shall include motels, inns, tourist courts, and similar commercially oriented transient lodging facilities.
Means a wheeled or tracked conveyance used in a trade or business except for agriculture.
See "utility substation."
Means a building or structure for community use with no commercial activities being conducted therein.
Means the processes engaged in and developed by the Town to formulate and/or implement immediate and long-range objectives for the enhancement and development of the Town. These processes include the accumulated case actions, analyses, policies, studies, and reports with or without maps, and may or may not be formally adopted by the Town.
Means the combining of one or more parcels of land. See also "subdivision."
Means the land or structures serving as the base of operations for building trades, contractors, trucking or heavy equipment operations, or similar professions. Examples include irrigation and well-drilling services, plumbing contractors, or landscape contractors. Such uses may include related offices; storage areas for equipment, materials, and job-site trailers; and service areas for merchandise, vehicles, or equipment unrelated to the contracting business.
Means changing the use or occupancy of a dwelling by alteration or by other reorganization so as to increase the number of families or dwelling units in a structure in accordance with the provisions of the district in which it is located.
Shall have two building lines as defined above. The rear line of a corner lot shall be the boundary line opposite the shortest building line. For purposes of this chapter, each corner lot shall have one rear yard lot line, with the side yard lines and the front yard lines determined in relation thereto.
Means open unoccupied space, other than a yard, on the same lot with a building or group of buildings and which is bounded on two or more sides by such building or buildings.
Means a building with incinerators or furnaces used to reduce human or animal remains to dust or gravel-like material. The use shall exclude space for the storage or burial of remains.
Means land without any buildings used for the commercial production of agricultural products such as corn, wheat, vegetables, ornamental plants or fruit. It may include minimal improvements and/or structures such as fences or irrigation systems.
See "instructional facility."
Means a place for the care of four or more children away from their own homes who stay for a period of three or more but less than 24 hours during any day, irrespective of compensation, reward or otherwise.
As applied to a structure, means having open space on all four sides.
See "zone district."
Means the use of land or structures for the harboring of more than three dogs that are more than six months old.
Means animals which normally live in the same dwelling unit as their owner and are not kept for commercial use.
Shall include any facilities where the primary use is the preparation and sale of food or refreshment for purchase by and for the convenience of a motor-customer for the consumption within the motor vehicle on the premises outside of a fully enclosed permanent building, or off-premises.
Means an accessory or primary land use that is a facility from which customers conduct any business, secure consumer goods or services, and such goods and services are dispensed for use or consumption either off-premises or while the customers remain in their motor vehicles. This facility may be a mechanical device, a service-type window, or a kiosk attached to or detached from a principal building. This definition includes facilities commonly referred to as "drive-in or drive-through banks," "drive-in restaurants and movie theaters," "ATMs (automatic teller machines)," and "drive-up kiosks." This definition specifically excludes gasoline service stations, car washes and similar motor vehicle services where the vehicle is the object of the retail service; it also excludes designated vehicle loading areas accessory to retail or wholesale uses.
Means a lot, or land, or part thereof, used primarily for the storage or disposal by abandonment, dumping, burial, burning, or any other means and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or waste material of any kind.
Means a house, apartment building, or other permanent building designed and used primarily for human habitation.
Means a completely self-contained residential unit, with living, sleeping, cooking, and sanitary facilities within the unit, for use by one family.
Means a building containing only one dwelling unit, and occupied by one family.
Means a building containing only two units, and occupied by only two families.
Is a free-standing residential building of three or more dwelling units, with common walls and floors, constructed on one lot or adjacent lots; it may or may not have an indirect entrance from the outside to each dwelling unit, and yard area or open space may be assigned to each dwelling unit for exclusive use or common use. "Multifamily dwelling" is further defined as:
MULTIPLEXA multifamily dwelling of three or more dwelling units on one lot or adjacent lots, attached side by side, back to back, or side to back so that at least two intersecting exterior walls of each unit remain unattached, having one or more common walls, with yard areas or private open space on at least two sides of each dwellings unit; or a
TOWNHOUSEA multifamily dwelling of three or more dwelling units on one lot or adjacent lots, attached side by side so that each unit has one or two common walls and at least two exterior walls, with yard area or private open space on at least two sides of each dwelling unit, and on three sides of the end dwelling unit.
GARDEN APARTMENTA multifamily dwelling no more than two stories in height from ground level.
MID RISE APARTMENTA multifamily dwelling of from three to six stories in height from ground level.
HIGH RISE APARTMENTA multifamily dwelling of more than six stories in height from the ground.
Means the use of land, structures, or facilities to store, care, and operate emergency rescue, fire, or ambulance services. It may include space for vehicles, equipment, and personnel.
An individual possessing the skills and knowledge to effectively develop a site for use as a solar PV system and then reclaim the site restoring it, to the greatest extent practical, to its original use.
Means land used for the removal and transfer of sand, gravel, rock or stone, topsoil or earth, or other minerals as defined in the Environmental Conservation Law, from their original or natural locations to a different property.
Means a facility designed for the assembly of large numbers of people to attend meetings, lectures, conventions, or commercial product shows. It may include areas for the consumption of food, classrooms, auditoriums, and offices. It excludes facilities for and the conducting of sporting events and recreational activities.
Means the showing of goods or products which are produced on site, either singly or as components of other finished products.
Means a single person, or two or more persons related by blood or marriage, and maintaining a common household with not more than two boarders, roomers, or lodgers, or a group of persons not necessarily related by blood or marriage, and maintaining a common household. The term "family" does not include live-in house employees.
Means any parcel of land containing at least five acres or more used principally in the raising or production of agricultural products, from which $1,000 or more of agricultural products are sold or would normally be sold during a year's time.
Means an incidental and subordinate activity of a farm, nursery or greenhouse involving a building or lot or portions of a building or lot used for the seasonal retail sale of agricultural products, and may include activities in which retail customers pick or select their own produce from the fields or growing areas. A farm stand sales area may be one or more noncontiguous spaces within a property and shall be greater than 100 square feet. A total sales area of 100 square feet or less does not constitute a farm stand.
Means a structure designed to separate one portion of land from another. For the purposes of this chapter, fences shall also include walls, screens or hedges and any densely planted or constructed barrier of plant material, wood, masonry, stone, wire, metal or any other manufactured material or combination of materials erected for the total or partial enclosure of areas, and shall be further defined as:
SECURITY FENCEA fence which provides limited or controlled ingress and egress to a portion of the building lot or swimming pool.
PRIVACY FENCEA fence which provides personal privacy and does not necessarily limit or control ingress and egress.
PRIVACY SHIELDA fence which cannot go into a side yard and is a structure, screen or portion of a fence attached to the rear wall of a building and extending perpendicular from the wall along the side building line extended, not exceeding six feet in height or 16 feet in length.
The most recent official map on which the HUD Flood Insurance Administration[1] has delineated both the special flood hazard areas and the risk premium zones applicable to the Village of Wampsville.
Means the maximum area of the floodway that, on the average, is likely to be flooded once every 100 years (that is, has a 1% chance of being flooded each year).
Means land adjoining a river, stream, watercourse, bay, or lake which is likely to be flooded.
Means the sum of the gross horizontal area of the several floors of a building and its accessory buildings on the same lot, excluding cellar, basement, and attic floor areas not devoted to any use, except for storage, but including the area of roofed porches and roofed terraces. All dimensions shall be measured between the exterior faces of walls.
Means a rooftop-mounted solar energy system with solar panels which, unless otherwise provided, are installed flush to the surface of a roof.
Means a sign which is supported by one or more uprights or braces in or upon the ground.
Means the open space extending across the entire width of the lot between the street or highway right-of-way (street line) and the building line, into which space there shall be no structures or extension of structures other than steps, eaves, cornices, and similar portions of structures.
Means the distance in the front yard between the street line and the building line.
Means the width of the front yard measured at the street line.
Means a structure used and occupied by a professional mortician licensed by New York State for burial preparation and funeral services.
Means the selling or offering for sale of used or second-hand personal property to the general public from the premises of one's dwelling on a temporary basis. A "garage sale" shall also include the terms "porch sale" "cellar sale," "yard sale," "rummage sale" or any other such term devised to indicate a sale conducted at one's dwelling.
Means a garage used for personal property storage purposes only by the owner or tenant of the lot on which it is erected, for a purpose accessory to the use of the lot.
Means any garage other than a private garage, available to the public, operated for profit, and which is used for storage, rental or washing of automobiles or other motor vehicles.
Means gasoline sales outlets and gasoline self-service stations.
Means a finished grade which is the completed surface of the lawns, walks, roads, and other surfaces brought to grades shown on plans or designs submitted to the Commissioner of Planning and Development, or in existence at the time a certificate of occupancy is issued.
Means a drawing of a site offering a depiction of how a site exists or is proposed to be modified. The graphic plan typically accompanies the submission application or documentation for zoning approval and will be drawn to scale and include details specified by the town.
Means an accessory structure for a residential, nonresidential or commercial land use that is typically enclosed with glass, plastic, or similar materials and which may be used for personal enjoyment and/or the noncommercial production of plants.
Means a structure typically enclosed with glass, plastic or similar translucent materials within which agricultural or horticultural products are grown for retail or wholesale sale, and includes appropriate areas for parking, loading and storage, office, and customers.
Means the sum of the total horizontal areas of the several floors of all buildings on a lot, measured from the interior faces of exterior walls. In addition to areas primarily used for human occupancy, the term also includes basements, elevator shafts, stairwells, and any floor space (attics, penthouses, mechanical rooms) with structural headroom of six feet, six inches, or more.
Means a solar energy system that is affixed to the ground either directly or by mounting devices and which is not attached or affixed to a building or structure.
Means a facility designed, constructed, and maintained to safely store and distribute materials considered hazardous in normal use. Examples include ammunition, explosives and chemical waste.
Means an informal process that may be required by this Code or may be optional by a reviewing board; its primary purpose is to disseminate and present information to the public. The notification requirements and conduct of the meeting shall be established by the reviewing board.
Means a formal process required by New York State law and/or this Code; its primary purposes are to provide information to the public and to solicit opinions and comments from the public. Notification requirements and conduct of the meeting shall be established by the reviewing board.
Means a use where construction, farm, or similar large equipment and machinery may be sold, stored, displayed, or serviced. Such activities may be conducted in open areas outside of any structures.
Means the vertical distance from the uppermost point of a sign (measured from a 10-foot radius of the sign structure or structural trim) to the average ground height beneath the sign and within the structure thereof.
Means an accessory use of a service character customarily conducted within a dwelling or accessory by a resident thereof, which is clearly secondary to the character thereof, or have any actual external or outside evidence of such secondary use and no external evidence of stock in the trade. No external or outside evidence of such home occupation thereof shall be permitted at any place on the premises involved, except that one small professional announcement sign not exceeding two square feet in area may be affixed to the street side of the dwelling. A home occupation shall be limited to occupations which require the performance of skilled services for clients or customers and shall exclude activities which involve any outside employees, partners, associates, independent contractors or any person not physically residing on the premises.
An institution operated primarily for the care and treatment of sick and injured persons as in-patients which is always staffed by one or more licensed physicians. Nursing services are continuously provided 24 hours by graduate registered nurses.
A contract between a developer and a local governing body, whereby the developer agrees to provide the community with certain benefits and mitigate specified impacts of the solar project.
Means a building or group of buildings in which there is rental sleeping rooms and which may also include dining rooms, kitchens, serving rooms, ballrooms, and other facilities and services intended primarily for the accommodation of its patrons.
Means a principal use of a structure for individual or small group sporting events or recreational activities, such as indoor tennis courts, bowling alleys and athletic clubs. Such facilities are designed for the direct use and participation of most of the attendees and may include minimal spectator facilities.
Means a principal use of the structure for individual or team sporting events or recreational activities, such as indoor soccer fields and basketball courts. Such facilities are designed for the direct use and participation of some of the attendees and include substantial spectator facilities.
Means a type of planned industrial environment for a variety of light industrial and related activities in which special emphasis and attention are given to aesthetics and community compatibility. Subdivided and developed according to an enforceable Master Plan that includes detailed provisions for streets and all necessary utilities, the park provides serviced sites for a community of industrial and industry-oriented uses.
Includes a wide range of assembling, fabricating, and manufacturing activities such as food processing, manufacturing, and packaging; grain storage, processing, and distribution; concrete and asphalt batch plants, manufacture of products and merchandise involving the use of chemicals, processes or materials that might constitute a potential explosive or environmental hazard; slaughter plants, packing houses, animal by-products rendering and other such animal processing activities; automobile salvage and reclamation yards and facilities; processing or production of oil, natural gas, geothermal resources or other hydrocarbons; foundries and truck terminals, delivery services, moving and storage facilities, and truck maintenance.
Includes limited manufacturing, wholesaling, warehousing, research and development, and related commercial/service activities such as beverage bottling, distribution, and warehousing, contractor's offices and storage buildings, including general contractors, plumbers, electricians, heating, ventilating, air conditioning contractors, masons' painters, refrigeration contractors, roofing contractors, and other such construction occupations; distribution centers; ice production, storage, sales, and distribution; laboratories for research, testing and experimental purposes; machine shops; manufacture of computers/computer peripherals, electrical appliances; electronic equipment, medical instruments, and other similar products from previously manufactured components; manufacturer of precision instruments and equipment such as watches, electronic equipment, photographic equipment, optical goods, and similar products, manufacturing of articles or merchandise from previously prepared or natural materials such as cardboard, cement, cloth, cork, fiber glass, leather, paper, plastics, wood, metals, stones, and other such prepared materials, printing and publishing.
Means a principal use offering individual or small group instruction, orientation, or training in various topics for personal development, such as performing arts, martial arts, crafts, or computer usage.
Means rags, scrap paper, scrap metal, scrap machinery or parts, salvaged or used building materials, scrap glass, discarded materials or unregistered motor vehicles or vehicles uninspected or no longer in condition for use on public highways.
Means an activity characterized by the storage, sale, recycling, or dismantling of discarded machinery, equipment, paper, rags, scrap, and similar materials which activity is the principal activity as opposed to incidental use of another type of business.
Means a land use or structure used for the commercial harboring or care of domestic animals, (i.e., dogs and cats, and the list is not exhaustive)
A unit of electrical power equal to 1,000 watts which constitutes the basic unit of electrical demand. A watt is a metric measurement of power (not energy) and is the rate (not the duration) at which electricity is used; 1,000 kW is equal to one megawatt (MW).
Means a type of term used in this Code as a group label for terms that describe and define human activities that may occur on the land.
Means the land adjacent to the front, side, and rear lot line included within the same space for required setbacks but solely designed and used for buffering and transition between lots. It is generally intended that such space be used for planting trees, shrubs, flowers, and evergreens to provide neighborhood beautification.
Means the act of changing or enhancing the natural features of a plot of ground, usually around a building so as to make it more attractive, as by adding lawns, trees, bushes, shrubs, etc.
Means business premises equipped with individual clothes washing machines for cleaning and drying clothes for the use of retail customers, exclusive of laundry facilities provided as an accessory use in an apartment house or an apartment hotel.
Means a public or private institution maintaining a selection of books, records, and similar media for use by the general public or membership, and may include meeting or lecture rooms, but shall exclude businesses which rent books, records, videotapes, videodiscs, athletic equipment or similar objects for compensation or profit.
Means an area of land defined by property lines shown on a deed, survey, or official tax map, and is considered as a unit, occupied or capable of being occupied by one principal building and accessory buildings or uses, or when permitted in this Code, by multiple buildings or uses united by a common use or interest, and including such open spaces as are required by this Code, and having frontage on a public or private right-of-way or an officially approved right-of-way.
Means the square footage within the property line of a lot, including easements and excluding land within dedicated streets or highway boundaries.
Means the aggregate percentage of the lot area covered by buildings or structures. "Lot coverage" as it pertains to gasoline service facilities shall also include the lot area covered by canopies, rental parking areas, and pump islands and shall exclude the lot area covered by light poles, sign standards, and fences.
Means the length of the front lot line measured at the street right-of-way.
Means a plot that does not conform to the area, yard, or bulk regulations.
Means the distance between the side lot lines measured along the front building line as determined by the applicable front yard requirement prescribed by this chapter.
Means an irregularly shaped lot with at least two major portions: a non-developable narrow area abutting a right-of-way connected to the larger developable area surrounded by other lots, conforming in all other respects to the district lot and setback requirements. The undevelopable portion of the lot shall be maintained clear of all structures and have a minimum with 30 feet.
Means land and/or a building occupied to process or transform raw or previously processed materials into finished products or parts and the storage and distribution of those materials to other manufacturers and/or wholesale or retail businesses. Examples include furniture manufacturers, metal processing, chemical processing, or assembly plants. This use shall exclude bulk storage and distribution of petroleum, natural gas, or potentially hazardous chemicals.
An office where outpatient services are provided by medical practitioners, including but not limited to ambulatory surgery centers, physicians, dentists, physical or occupational therapists, laboratory tests, and diagnostic imaging (x-ray, MRI, etc.).
A unit of electrical power equal to 1,000 kilowatts, which constitutes a unit of electrical demand.
See "public self-storage."
Means use of land for the purpose of extracting and selling stone, sand, gravel, or other minerals as defined by the Environmental Conservation Law.
Means a vehicular, portable structure built on a chassis and designed to be used without the necessity of a permanent foundation as a dwelling when connected to utilities.
Means any lot on which two or more mobile homes are located, regardless of whether or not a charge is made for such accommodations.
Means a building or group of buildings providing rental sleeping rooms which may also include dining rooms, kitchens, serving rooms, meeting rooms and other facilities and services intended primarily for the accommodation of the personal needs of the motoring public, not including any facilities for patrons' motor vehicles, other than parking.
Means any self-propelled vehicle designed for or used as temporary or permanent living accommodations and containing any of the following: sleeping accommodations, cooking facilities, and toilet facilities.
Means land and/or structures commercially used for the rental of motor vehicles, including cars, trucks, recreational vehicles, motorcycles, trailers, snowmobiles or boats.
Means a building, or portion of a building, arranged, intended or designed to be used for making repairs to motor vehicles, including what are commonly called "fender shops, frame shops, and paint shops."
Means land and/or structures commercially used for the sales of motor vehicles, including cars, trucks, recreational vehicles, motorcycles, trailers, snowmobiles, or boats.
Means a facility occupying land, structures, and/or buildings for the temporary controlled storage of operable motor vehicles. The addition or removal of any vehicle shall be subject to the control of the facility management. The use may contain space for offices and vehicles directly related to the operation. Examples include impound yards, towing services, and vehicle holding yards or similar facilities storing vehicles for legal or financial reasons. This use excludes routine public parking, public garages, the storage of disabled or junk motor vehicles and/or motor vehicle sales, service, or rental.
Native wildflowers and grasses that serve as habitat, forage, and migratory way stations for pollinators and shall not include any prohibited or regulated invasive species as determined by the New York State Department of Environmental Conservation.
Means a billing arrangement that allows solar customers to receive credit for excess electricity which is generated from the customer's solar energy system and delivered back to the grid so that customers only pay for their net electricity usage for the applicable billing period.
Means an establishment typically open to the public that predominantly includes areas for customer dancing or similar activity from a live performance or recorded musical entertainment; it may include incidental food services and eating areas.
Means an established building or structure lawfully existing prior to and at the time of the adoption of this chapter which, because of its inherent nature of construction, does not conform to and with the provisions of this chapter for the district on which it is located.
Means a use of land lawfully existing prior to and at the time of the enactment of this chapter, and which does not conform to the regulations of the district in which it is situated.
Means any establishment where sick, infirm or convalescent persons are housed or lodged and furnished with meals and nursing care for hire. May include "rehabilitation center."
Means a building or a portion of a building exclusively occupied to perform services as a principal accessory or incidental use of an administrative, professional or clerical nature, and includes activities such as insurance, real estate, financial, legal, design, and management. It shall exclude a "medical office," as separately defined in this Code.
Means a principal structure primarily designed and/or occupied by one or more offices.
Means a lot or related lots designed as a master-planned area for the transaction of business, for the rendering of professional services, or for other services that involve stocks of goods, wares or merchandise in limited quantities for uses incidental to office use or samples purposes. This may include such uses as office buildings for business and professional services, including a lawyer, physician, dentist, architect, engineer, musician, teacher, or other professional people including real estate and insurance offices, banking and other financial businesses, and similar purposes in connection with such use; clinics for outpatient care, as well as outpatient medical services including but not limited to imaging and physical therapy; restaurant or cafeteria for supplying meals only to employees and guests for the principal use; and newsstand, post office, branch banking facilities and similar conveniences serving primarily employees and guests of the principal use, provided that there shall be no external evidence of such use; and radio and television stations, but not including transmitting facilities or antennae.
Means the porch open on three sides except for screening. A porch shall not be considered open if enclosed by either permanent or detachable glass or plastic sash. A structure having a driveway running into it, under it, or through it shall not be considered an open porch.
Means land not covered by buildings, or parking lots, open storage, mining operations, or any other use that usually obscured the natural or improved landscape, except for recreational facilities.
Means an area of land to be subdivided or consolidated.
Means lands either conveyed to the Village or set aside on a plat or site plan as incident to approval by the Village of Wampsville Zoning Board of Appeals/Planning Board of a plat or site plan, pursuant to the applicable provisions of the Village Law.
Means a space available for the parking of one motor vehicle and having an area of not less than 200 (10' X 20') square feet exclusive of passageways and driveways appurtenant thereto and giving access thereto.
Means an off-street area or berth with an appropriate means of vehicular access to a street intended for the temporary storage of vehicles.
Means material, other than water, which is suspended in, or discharged into, the atmosphere in a finely divided form as a liquid or solid.
Means a criterion established to control noise, odor, dust, dirt, vibration, noxious gases, glare, smoke, and water pollution generated by or inherent in the use of land or buildings.
Means land adjacent to lot sidelines and rear lines designed for buffering and transition. Such a strip shall not be used for parking. It is intended that such a perimeter strip be used for planting of shrubs, flowers, and evergreens to provide neighborhood beautification.
Means a commercial activity where the customer is typically present and is the direct object of the services received and characterized by the direct on-premises sale of services to the ultimate customer, and includes uses commonly referred to as barbershops, beauty salons dry cleaners self-service laundries and similar activities.
Means the design of a development, including a plot of subdivision, all covenants relating to the use, location, and the bulk of buildings and other structures, the intensity of use or density of development, private streets, ways and parking facilities. The phrase "provisions of the plan" when used in these regulations shall mean the written and graphic materials referred to in this definition.
Bees, birds, bats, and other insects or wildlife that pollinate flowering plants, and includes both wild and managed insects.
Means land and all buildings and structures thereon.
Means a building in which is conducted the principal use of the lot on which it is situated. In any residential district, a dwelling shall be deemed the principal building on the lot on which it is situated.
Means a facility under the direct supervision and control of a charitable, religious, fraternal, social service, public or similar community organization, including not-for-profit corporations providing, and generally limited to, club membership, a place of congregation meeting for purposes of education, training, counseling, active or passive recreation or similar pursuits, including social facilities. This land use may include incidental facilities for serving food and beverages. This term shall not include schools or retail business activities.
Means a pool constructed on a single-family lot or within the boundaries of a multifamily project designed to be used by the homeowner or the tenants, respectively, and excluding public or club use.
Means the production of goods and products in which the finished product is not substantially changed from the raw material, and shall include packaging.
Means the office or place of business where professional services are offered and do not involve the sale of goods or the keeping of a stock-in-trade. Professional offices are limited to doctors, dentists, surgeons, attorneys, architects, engineers, planners, accountants, real estate brokers, insurance brokers, psychologists and chiropractors.
Means a sign which is affixed to any building wall or structure and extends beyond the building wall or parts thereof more than 15 inches horizontally, and no portion of which projects above the roofline or parapet of a building.
Means the established division line between separate parcels of property.
Means an establishment licensed by New York State which houses elderly or handicapped persons but does not provide nursing care.
Means a land use characterized by the retail rental of storage space or units for holding personal or business items with direct customer access to the storage space. Examples include mini-warehouse, public storage, or self-storage facilities; the use excludes temporary or portable units, such as tractor-trailers or storage trailers (with or without wheels).
Means a pool designed to be open to use by the public in general, with or without a fee charged.
Means a person who has skills and knowledge related to the construction and operation of solar energy systems (and the components thereof) and installations and has received safety training on the hazards involved. Persons who are on the list of eligible photovoltaic installers maintained by the New York State Energy Research and Development Authority (NYSERDA), or who are certified as a solar installer by the North American Board of Certified Energy Practitioners (NABCEP), shall be deemed to be qualified solar installers for the purposes of this definition. Persons who are not on NYSERDA's list of eligible installers or NABCEP's list of certified installers may be deemed to be qualified solar installers if the Village Code Enforcement Officer or such other Village officer or employee as the Village designates determines such persons have had adequate training to determine the degree and extent of the hazard and the personal protective equipment and job planning necessary to perform the installation safely. Such training shall include the proper use of special precautionary techniques and personal protective equipment, as well as the skills and techniques necessary to distinguish exposed energized parts from other parts of electrical equipment and to determine the nominal voltage of exposed live parts.
Means the open space extending across the entire width of the lot between the rear lot boundary and a line parallel with the rear lot boundary, into which space there shall be no structure or extension of structures other than steps, eaves, cornices, and similar portions of structures.
Means the distance between the rear lot boundary and a line parallel with the rear lot boundary, as defined in "rear yard" above.
Means land or structures designed for recreation of all age groups with no commercial activities being conducted thereon.
Means an activity that collects, transforms, compacts, breaks down, or otherwise converts waste, by-products of manufacturing processes, or finished products into smaller or component parts. These parts may then be disposed of in an approved waste disposal site or made available for reuse in any other processes, such as manufacturing, construction, or agriculture. Examples include glass crushing, reprocessing of road asphalt, composting, paper reprocessing, metal separation organic-waste treatments, separation or refinement of chemicals or paints, and motor vehicle oil (used) retreatment.
Means equipment, structure, or area of land used as a secondary or accessory land use in a recycling process. This facility shall be integral or directly related to the production process of any principal agricultural, commercial, or industrial land use. Examples include organic composting bins or areas, animal waste (manure) holding areas and spreading equipment, or treatment plants for manufacturing by-products or waste. A recycling facility for typical household residential uses (e.g., garden composting bins) is excluded from this definition.
Means a building used by people to regularly gather, attend and/or participate in religious services, ceremonies, instruction, meetings, or similar activities, and includes buildings commonly referred to as "churches, synagogues, meeting houses, or temples"; the user may also include attached or detached dwelling units for a caretaker and/or primary religious official and their families.
Means the same as the definition of "dwelling."
Means a fully enclosed building wherein food or beverage is available for consumption and shall exclude those commercial enterprises designed primarily for drive-in food services.
Means a business or commercial activity involving primarily the sale of merchandise or stock-in-trade to the public, which business or commercial activity shall be conducted from within a permanently situated building.
Means legal boundary of the edges of a public or private road, street, highway, railroad, waterway, or similar transportation corridor. Such boundaries are typically controlled and set by government agencies and/or state law. Current row lines may supersede an older property survey or deed description. The row line is the same as the street line forming the front or side property line of abutting lots.
Means a sign, any portion of which is either situated above the upper edge of any building wall or parapet (except as otherwise provided in the definition of "wall sign" below) or erected or painted on or above the roof covering any portion of a building, including signs supported on the roof or on an independent structural frame located on the side or roof of a penthouse, roof tank, roof shed, elevator housing or other roof structure.
Means a solar energy system in which solar collectors/panels are mounted on the roof of a building or structure either as a flush-mounted system or as panels fixed to frames which can be tilted to maximize solar collection. Rooftop-mounted solar energy systems shall be wholly contained within the limits of the building's or structure's roof surface.
Means an institution of learning, maintained at the public expense and administered under the supervision of the State Education Department, for the free education of children.
See "public self storage facility."
Means a building, portion of a building, or a group of buildings that provide dwellings in a residential environment where individual cooking facilities are limited to microwave ovens, and/or cooktops, with assistance available by way of common meals, housekeeping and personal services. Occupancy is restricted to persons 62 years of age or older or couples one of whose member is 62 years of age or older who may have difficulties with one or more essential activities of daily living, such as feeding, bathing, dressing, or mobility.
Means a facility intended to provide for specialized housing for persons of 62 years of age or older including senior independent-living facilities, senior congregate-living facilities, senior assisted-living facilities, and senior-day care facilities.
Means a building under the direct control of the ownership/management of rented units and/or a community association of homeowners and used as a place of assembly for religious, social, recreational, or educational programs and meetings of the residents of the senior district.
Means a facility with limited operating hours where specialized caregiving and supervision are provided for three or more adults, away from their own homes for less than 24 hours per day, and who have difficulties with one or more essential activities of daily living.
Means a building or group of buildings that contain any combination of two or more senior citizen facilities, one-family dwelling, multiple-family dwelling, and senior support services intended specifically for persons 62 years of age or older.
Means a building or portion of a building or a group of buildings containing dwelling units with full kitchens specially designed for use and occupancy by the elderly which may have common amenities but no common dining room and whose occupancy is restricted to a person 62 years of age or older or couples one of whose member is 62 years of age or older.
See "motor vehicle repair shop."
Means the distance between a lot line and a principal, accessory, or secondary structure as required by this chapter; where a public right-of-way used by the general public abuts a lot line, the setback shall be measured from the boundary line of said right-of-way closest to the interior of the lot.
See "utility storage unit."
Means a lot of plots used for two or more commercial use units, attached, detached or unattached. Two or more separately owned commercial units shall not be deemed a shopping center solely by virtue of the fact that they share common access to adjoining highways and/or parking facilities.
Means the open space extending across each side of a lot between the lot boundary and a line parallel with the lot boundary extended from the front yard to the rear yard, into which space there shall be no structures or extension of structures other than steps, eaves, cornices, and similar portions of structures.
Means the distance between the sideline of a lot and a line parallel with the lot boundary for each side yard.
Means a use of land, structure, or material for the purpose of conveying information, as a name, direction, warning, or advertisement, that is prominently displayed for public view and that consists of letters or symbols formed, inscribed, or mounted on wood, metal, masonry or any other material including flags, banners, pennants, insignia, trademarks, devices or representations used as or in the nature of an announcement, direction, advertisement, attention-arrester, warning or designation of any person, firm, group, organization, place, commodity, product, service, business, profession enterprise, industry or public performance.
AWNING SIGNAny visual message incorporated into an awning attached to a building.
FREESTANDING SIGNAny sign not attached to or part of any building but separate and permanently affixed by any other means, in or upon the ground. Included are pole signs, pylon signs, and masonry wall-type signs.
ILLUMINATED SIGNAny sign illuminated by electricity, gas, or other artificial light, either from the interior or exterior of a sign, and includes reflective and phosphorescent light.
PORTABLE SIGNA sign, whether on its own trailer, wheels, or otherwise designed to be movable and not structurally attached to the ground, a building, a structure, or another sign, including sidewalk signs.
PROJECTING SIGNA sign which is attached to the building wall or structure and which extends horizontally more than nine inches from the plane of such wall, or a sign which is perpendicular to the face of such wall or structure.
WALL SIGNA sign which is painted on or attached to the outside wall of a building with the face of the sign in the plane parallel to such wall and not extending more than nine inches from the face of such wall.
WINDOW SIGNA sign visible from a sidewalk, street, or other public place, painted or affixed on glass or other window material or located inside within four feet of a window but not including graphics in connection with a customary window display of products.
Means the entire area within a single, continuous perimeter enclosing all elements of the sign that form an integral part of the display. The structure supporting a sign shall be excluded unless the structure is designed in a way to form an integral background for the display. Both faces of a double-faced sign shall be included as surface or area of such a sign.
See "graphic plan." See also "site plan review."
Means an examination of proposed land development by the Zoning Board of Appeals/Planning Board pursuant to the guidelines and standards of this Code.
Means a space open to the sun and clear of overhangs or shade including the orientation of streets and lots to the sun so as to permit the use of active and/or passive solar energy systems on individual properties.
Means a solar photovoltaic cell, panel, or array or solar hot air or water collector device which relies upon solar radiation as an energy source for the generation of electricity or transfer of stored heat.
Means a complete system of solar collectors, panels, controls, energy 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, including but not limited to thermal and electrical, stored and protected from dissipation and distributed. For purposes of Article VI, "solar energy system" does not include any solar energy system of four square feet in size or less.
Means a a solar energy system or collection of solar energy systems or area of land principally used to convert solar energy to electricity, whether by photovoltaics, concentrating solar thermal devices or various experimental solar technologies, with the primary purpose of supplying electricity to a utility grid for wholesale or retail sales of electricity to the general public or utility provider.
Means a device which converts solar energy into electricity.
Means the space between a solar energy system and the sun through which solar radiation passes.
Means a device that stores energy from the sun and makes it available in an electrical form.
Means an accessory use to a principal use which, because of its unique characteristics, requires special consideration in each case by the Zoning Board of Appeals/Planning Board before a building permit can be issued.
Means any conduit, duct, vent, flue, or opening of any kind whatsoever arranged to conduct any products of combustion to the atmosphere.
Means a gas temperature of 60° F and a gas pressure of 14.7 pounds per square inch absolute.
Means an incidental and temporary structure to hold or shelter materials; examples include storage trailers, box trailers, inflatable units, tents, and pods.
Means any public way dedicated to public vehicular travel.
Means the outside limits of a street or highway right-of-way whether or not set forth in a deed or shown on a map.
Means anything constructed, erected, or otherwise situated, whether of a permanent or temporary nature, on the land.
Means the division of a parcel of land into two or more blocks, lots, or plots, with or without streets or highways, for sale, lease, any similar conveyance or future development.
Means the relocation of an existing lot line(s) between two or more legally existing lots without creating new streets, curb cuts, infrastructure needs or lots; also means the elimination of a lot line, consolidating two existing legal or legal nonconforming lots without creating new streets, curb cuts, or infrastructure need.
Means any body of water or receptacle for water having a depth at any point greater than two feet, used or intended to be used for swimming, and constructed, installed, or maintained in or above ground. A swimming pool shall be deemed a structure for all purposes under the provisions of this chapter.
Means a building or structure, whether temporary or permanent, available for occupancy by transient persons. Temporary residences shall include but not be limited to hotels, motels, boarding houses, lodging houses, tourist homes, and rooming houses.
Means a building or part of a building devoted to the showing of moving pictures or live stage productions.
Means an open lot, or part thereof, with its appurtenant facilities devote primarily to the showing of moving pictures or theatrical productions, to patrons seated in automobiles or in outdoor seats.
Means a dwelling in which overnight accommodations are provided or offered for transient guests for compensation.
Means a building, consisting of a series of non-communicating one-family sections, having a common wall between each two adjacent sections with each section having separate utility services, and each section is located on a separate filed lot or approved as a condominium designed for individual ownership.
Means an institution of learning maintained by private individuals, corporations, or cooperatives for the instruction of a trade, skill, or craft for a fee.
See "mobile home."
Means two or more house trailers on a parcel of land under common ownership.
Means any portable vehicle which is designed to be transported on its own wheels, which is designed and intended to be used for temporary living quarters for travel, recreation, or vacation purposes, and which may or may not include all of the accommodations and facilities included in a "mobile home."
Means land and buildings used as a relay station for the transfer of cargo from one vehicle to another or one party to another. The terminal cannot be used for permanent or long-term storage. The terminal facility may include pickup and drop off areas, parking areas for trucks and structures, or areas for the servicing of trucks associated with the terminal.
Means a non-communicating separate section of a building having separate exterior access and arranged, intended or designed for single and separate use or occupancy.
Means a building, one wall of which is partly wall-in-common with an adjoining structure.
Means a single building arranged, intended or designed for a single-use and occupancy and not arranged, intended nor designed for subdivision or separation thereof.
Means a walk-in clinic focused on the delivery of medical care for minor illnesses and injuries in an ambulatory medical facility outside of a traditional hospital-based or freestanding emergency department.
Means the purpose for which a building, structure or premises, or any part thereof, is or are occupied, or if unoccupied, the purpose for which they may be occupied.
Means the major use or activity occurring on a lot and defining the overall purpose of the land and structures.
Means a minor land use within a larger principal land use or structure that does not directly relate or support the principal land use. Secondary uses are permitted when specified in the district, subject to the designated review.
Is a solid structure designed to accommodate a use that is subordinate to the residence. Such a structure is detached from the residence and is a freestanding storage, shed, garden house or similar facility.
Means a lot, lot area, lot corner, lot coverage, lot flag, lot nonconforming, and lot width.
Means a legislative process that divides privately-owned urban areas into different zones (such as residential, commercial, industrial) according to the specified land use. Each zone is regulated as to the density, location, size, and type of building permitted therein.
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Editor's Note: See now the Federal Insurance and Mitigation Administration.