This chapter shall be known as the "Zoning Ordinance of the Town of Geddes" and shall consist of the text contained herein and the Town of Geddes Official Zoning Map, hereinafter referred to as the "Zoning Map."
Whereas the Town Board of the Town of Geddes deems it necessary for the promotion of the health, safety, morals and general welfare of the Town of Geddes to regulate and restrict the height, number of stories and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts and other open structures, the density of population and the location and use of buildings, structures and land for trade, industry, residence or other purposes, the Town Board of the Town of Geddes does hereby create the following districts, map and regulations to accomplish this purpose.
For purposes of interpretation and application, the provisions of this chapter shall be held to be the minimum requirements necessary for the promotion of the public health, comfort, convenience and general welfare.
This chapter shall not be construed as superseding, limiting, changing or suspending any law, ordinance, code or regulation affecting the safety, construction or sanitation of any building or structure.
For the purpose of interpreting this chapter, the following definitions shall be used:
- ADULT ARCADE
- An establishment where, for any form of consideration, one
or more still or motion-picture projectors, slide projectors, or similar
machines, or other image-producing machines, for viewing for five
or fewer persons each, are regularly used to show films, motion pictures,
videocassettes, slides, or other photographic reproductions which
are characterized by the depiction or description of specified sexual
activities or specified anatomical areas.[Added 5-8-2001 by L.L. No. 7-2001]
- ADULT BOOKSTORE OR VIDEO STORE
- A business which derives 25% or more of its gross income
from the sale, or rental of, or utilizes 25% or more of its retail
selling area for, or has stock comprised of 25% or more of, any of
the following: books, magazines, periodicals, films, motion pictures,
videocassettes, slides, compact discs and/or computer generation or
other visual representations which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas.[Added 5-8-2001 by L.L. No. 7-2001]
- ADULT CABARET
- A nightclub, bar, restaurant, bottle club, juice bar, club
or similar commercial establishment, whether or not alcoholic beverages
are served, which features:[Added 5-8-2001 by L.L. No. 7-2001]
- A. Persons who appear nude or in a state of nudity or semi-nudity; or
- B. Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
- C. Films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
- ADULT LIVE ENTERTAINMENT
- A business where an adult male or female exposes parts of
his/her body identified as specified anatomical areas.[Added 5-8-2001 by L.L. No. 7-2001]
- ADULT MOTEL
- A hotel, motel or similar business which:[Added 5-8-2001 by L.L. No. 7-2001]
- A. Offers public accommodations, for any form of consideration, which provide patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions characterized by the depiction or description of specified sexual activities or specified anatomical areas and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising, including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television; or
- B. Offers a sleeping room for rent for a period of time less than 10 hours; or
- C. Allows a tenant or occupant to sub-rent the sleeping room for a period of time less than 10 hours.
- ADULT MOTION-PICTURE THEATER
- An enclosed or unenclosed building or structure or portion
of a building or structure or drive-in theater used for presenting
materials, including films, tapes, videotapes, slides, videodiscs
or computer-generated images, to one or more persons having, as a
dominant theme, material distinguished or characterized by an emphasis
on matter depicting, describing or relating to specified sexual activities
or specified anatomical areas for observation by patrons therein.[Added 5-8-2001 by L.L. No. 7-2001]
- ADULT NOVELTY STORE
- A business which derives 25% or more of its gross income
from the sale, or rental of, or utilizes 25% or more of its retail
selling area for or has stock comprised of 25% or more of, any of
the following: instruments, devices, or paraphernalia which are designed
for use or marketed primarily for stimulation of human genital organs
or for sadomachistic use or abuse of themselves or others.[Added 5-8-2001 by L.L. No. 7-2001]
- ADULT USE
- Any business involved in the dissemination of material distinguished
or characterized by an emphasis on matter depicting describing or
relating to specified sexual activities or specified anatomical areas,
including but not limited to adult arcades, adult bookstores or video
stores, adult cabarets, adult live entertainment, adult motels, adult
motion-picture theaters, adult novelty stores, and massage establishments.[Added 5-8-2001 by L.L. No. 7-2001]
- Any change, rearrangement or addition to a building or structure, other than repairs, and any modification in construction or in building equipment. This term shall be construed to include any change, either interior or exterior, in dimension, use or number or type of occupancy of any building or structure.
- ANIMAL, DOMESTIC
- Includes dogs and cats as well as other common household pets such as fish, hamsters, gerbils and birds which are maintained indoors. This term shall exclude farm animals (horses, livestock and poultry) and wild or dangerous animals.
- Any exterior transmitting or receiving device mounted on
a tower, building or structure and used in communications that radiates
or captures electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals), wireless telecommunications
signals or other communication signals.[Added 6-11-2002 by L.L. No. 3-2002]
- BED-AND-BREAKFAST FACILITY
- A residence containing, in addition to living quarters for
the owner thereof, transient lodging facilities for the general public
with or without the sale of food and beverages for occupants only,
conducted as a home occupation hereunder.[Added 4-12-2005 by L.L. No. 3-2005]
- BUFFER STRIP
- A strip of open land along the perimeter of a lot in widths prescribed by the applicable sections of this chapter, planted with grass, trees and/or shrubs so as to provide a pleasant aesthetic appearance and visual screen and which shall contain no buildings or structures except a permitted fence.
- A structure having a roof supported by columns or by walls and intended for the shelter or enclosure of persons, animals or property.
- BUILDING, ACCESSORY
- A building, the use of which is customarily incidental to that of the main or principal building. Examples of accessory buildings are garages and storage sheds.
- BUILDING LINE
- A line parallel to the perimeter of a building and coterminous with the outermost part of the building, excluding building parts expressly permitted to extend beyond a building line.
- BUILDING, PRINCIPAL
- A building or structure designed primarily to accommodate a principal use. An attached garage shall be considered part of the principal building.
- Any commercial enterprise, establishment, association or
arrangement for profit.[Added 5-8-2001 by L.L. No. 7-2001]
- BUSINESS OFFICE
- Includes commercial, professional, financial (excluding banks), insurance, real estate, medical, governmental and utility service company offices, but excludes medical centers.
- CAR WASH
- A building, structure or part of a building or structure specifically designed and used for washing, waxing, polishing or otherwise cleaning the interior or exterior of motor vehicles.
- Code of the Town of Geddes, as amended.[Added 5-8-2001 by L.L. No. 7-2001]
- COMMERCIAL DRY-CLEANING AND LAUNDRY ESTABLISHMENT
- An establishment that processes laundry and dry cleaning collected from retail dry-cleaning and laundry operators and generally does not deal directly with the user of the laundry and dry-cleaning service.
- COMMERCIAL MOBILE SERVICE FACILITY
- Any antenna or tower, including accessory equipment and devices
used in the delivery of commercial mobile services.[Added 6-11-2002 by L.L. No. 3-2002]
- COMMERCIAL MOBILE SERVICES
- Cellular telephone services, special mobile radio services
and personal communication services as those terms are defined and
regulated by the FCC.[Added 6-11-2002 by L.L. No. 3-2002]
- COMMERCIAL TRANSMITTING, RECEIVING OR RELAY FACILITY
- A building or structure generally in the configuration of a tower, the principal use of which is the commercial broadcast, rebroadcast, relay or receipt of radio, television, microwave or similar signals. Such facilities also include earth receiving or transmitting dishes and similar earth station structures for commercial communication with satellites.
- COMMUNITY CENTER
- A facility established by and under the direct supervision of a government or not-for-profit association or corporation designed primarily to provide a place of congregation or meeting for purposes of education, training, counseling, active or passive recreation or similar pursuits, including social facilities incidental thereto, and which is available to the general public notwithstanding membership and dues requirements, if any. This term shall not include schools, private clubs, eleemosynary uses or retail businesses.
- DAY-CARE FACILITY
- A facility at which care and supervision of minors is provided as a daily or regularly scheduled program. Examples are day nurseries, preschool programs and day-care centers. Day-care facilities expressly exclude "family day-care" as defined herein.
- DAY-CARE, FAMILY
- An activity providing for the care and supervision of minors in a dwelling unit away from their own homes. Family day-care may involve no more than five minors daily who are not related to the head of the household of the dwelling unit.
- The transfer of possession, custody, control or ownership
of or the exhibition or presentation of any performance to a person,
customer, member of the public or business invitee of any material
distinguished or characterized by an emphasis on matter depicting,
describing or relating to specified sexual activities or specified
anatomical areas.[Added 5-8-2001 by L.L. No. 7-2001]
- DRIVE-IN SERVICE FACILITY
- An establishment which includes provision for customers to conduct business or secure consumer goods while remaining in their motor vehicles or a business where takeout consumer goods are dispensed or sold for the consumption of such goods within the customers' motor vehicles. Drive-in activities include drive-in banks, restaurants and photo services but exclude motor vehicle service facilities.
- DWELLING, MULTIPLE-FAMILY
- A building designed for or occupied by two or more families, with separate housekeeping and cooking facilities for each.
- DWELLING, SINGLE-FAMILY
- A detached building designed for or occupied by one family only and containing no other principal use.
- DWELLING UNIT
- An entire building or one or more rooms within a building having access to the exterior of said building, directly or through a common hall or entrance, generally containing kitchen, bathroom, dining and sleeping facilities and similar facilities incidental and necessary to human habitation, intended and designed exclusively as a place of residence and/or domicile for occupancy by not more than one family as defined herein.
- ELEEMOSYNARY USE
- Charitable, nonprofit, educational facilities and/or centers specifically established for specialized service, education and training for handicapped persons as the term "handicapped persons" is defined in the Education Law of the State of New York. This term shall not include a public or private school; college, university or institution of higher education; private business school; or private trade or vocational school.
- Federal Aviation Administration.[Added 6-11-2002 by L.L. No. 3-2002]
- One or more persons occupying a dwelling unit as a single housekeeping unit and using common cooking facilities, as distinguished from one or more persons occupying a hotel, motel, eleemosynary use, group residence, nursing or convalescent home, private club or medical center.
- Federal Communications Commission.[Added 6-11-2002 by L.L. No. 3-2002]
- FRONT YARD SETBACK LINE
- A line connecting points in each side line equidistant from the street line, beyond which no parts of a building shall extend other than unenclosed steps, eaves, cornices and similar fixtures.
- A building or enclosed structure not available to the public that is used primarily for the storage of not more than three automobiles, provided that no business, occupation or service is conducted for profit therein.
- GASOLINE STATION
- An installation or building in which the public retail sale of petroleum products from underground storage tanks is made on the premises and which may include accessory facilities for the repair, servicing or incidental washing of motor vehicles.
- GROSS FLOOR AREA
- The sum of the horizontal area of the floors of a building, excluding the basement (unless used and habitable in conjunction with the building's function). All dimensions shall be measured between the interior faces of the walls.
- GROUP RESIDENCE
- A building used exclusively as a place of residence and/or domicile by two or more persons, where the residential quarters are considered an integral component of a recognized program of rehabilitation, custodial supervision or care, together with required supervisory personnel living in a family-type setting. Such residence shall be nonprofit, noninstitutional in character and scale and shall maintain a resident population size compatible with the character of the surrounding neighborhood. This term shall exclude nursing or convalescent homes or similar institutional settings.
- The vertical distance measured from the average ground level at the sides of a building or structure to the extreme high point of the building or structure, exclusive of a church spire, belfry, clock tower, cupola, ventilator, skylight, stairwell, chimney flue, elevator bulkhead, stage tower, radio or television antenna which is attached to or totally supported by and accessory to a building or structure used for residential purposes and which does not exceed 10 feet above the maximum height allowed for a residential building or structure in the district wherein it is located or similar structure.
- HOME OCCUPATION
- An accessory use of a service character customarily conducted within a dwelling by a resident thereof, which is clearly secondary to the use of the dwelling for living purposes and does not change the character thereof or have any exterior evidence of such secondary use. Home occupations shall include but not be limited to the office of a resident health-care practitioner, attorney, architect, engineer, insurance or real estate salesperson or similar professional and such services such as hairdressing/barbering, sewing/tailoring, photography and teaching.
- HOTEL, MOTEL
- A structure containing transient and/or permanent lodging facilities for the general public and which generally contains facilities incidental to such occupancy such as restaurants, meeting rooms, accessory retail business activities and related incidental activities desired primarily to accommodate the occupants but open to the general public. This term includes motels, inns and similar commercially oriented transient lodging facilities but excludes rooming and boarding houses and tourist homes.
- INDOOR RECREATION
- Commercially operated recreation facilities where activities are conducted within a building or enclosed structure. Examples are bowling alleys, skating rinks, swimming pools, tennis and paddle courts, video arcades and athletic centers or clubs.
- INDUSTRIAL USE
- A commercial activity primarily characterized by the transformation of substances into new products for distribution and ultimate sale, including the assembly of component parts of manufactured products, such as are normally associated with plants, factories and mills utilizing power-driven machinery and materials-handling equipment. This term shall include accessory transportation facilities designed for the handling of goods received or shipped from the industrial use as part of the normal conduct of business. This term shall not include junkyards, automobile graveyards, automobile parts recycling plants, automotive or other disassembly plants, waste disposal beds or bulk petroleum storage, except petroleum storage incidental to the operation of the primary industrial use.
- A building or structure used for the commercial boarding, sale and/or care of dogs, cats and other domestic animals or the harboring of more than four dogs or cats, each being over six months of age.
- LOADING SPACE
- The area required for the temporary parking of one licensed vehicle, often including a trailer, the purpose of which is to facilitate the delivery, unloading and loading of material which is necessary to the operation of the principal use. A loading space shall not include access driveways or aisles.
- An area contained within lot lines shown on a subdivision map or as described in a deed and which is properly recorded in the records of Onondaga County. Areas shown on maps or described in deeds which are contiguous shall be considered separate lots unless otherwise indicated or intended as one lot in said instrument.
- LOT AREA
- The size of a lot, expressed in square units of measure, derived by viewing the lot as a level surface.
- LOT, CORNER
- A lot fronting on two streets at their intersection.
- LOT COVERAGE
- The lot area occupied by all principal and accessory structures and buildings.
- LOT LINE
- A boundary defining ownership of land as derived from maps, deeds and similar title documents. Boundaries defining less than a fee interest, including leaseholder interests and common areas, shall be submitted to the Board of Appeals for a determination as to whether such boundaries constitute a lot line for the purpose of allowing land use activities. Lot lines shall be classified as rear, front or side lines as hereinafter defined. Where the application of such classification cannot be made with certainty by the Code Enforcement Officer in consultation with the property owner, then the Board of Appeals shall render a determination establishing an appropriate classification for purposes of allowing land use activities.
- LOT LINE, FRONT
- A property line coincidental with the highway right-of-way line or with any other public right-of-way line. If several right-of-way lines exist along one side of a property, then the one farthest from the center line of the highway right-of-way shall be construed to be the front lot line. Where two public rights-of-way intersect (e.g., a corner lot), a lot line coincidental with the boundary line of either may be selected by the property owner as the front lot line for development purposes as long as no nonconforming elements are created. If the property owner fails to make this selection for a corner lot or there is uncertainty regarding the selection, then the determination shall be made as specified in the definition of lot line.
- LOT LINE, REAR
- A lot line generally parallel to or directly opposite a front lot line.
- LOT LINE, SIDE
- A lot line extending between a front and rear lot line.
- LOT WIDTH
- The linear dimension of a straight line situated between side lot lines as measured at the front setback line.
- A method of treating the external part of the human body
by rubbing, stroking, kneading or vibrating with the hand or any instrument
or any other treatment or manipulation of the human body which occurs
as part of or in connection with specified sexual activities or where
any person providing such treatment, manipulation or service related
thereto, exposes his or her specified anatomical areas.[Added 5-8-2001 by L.L. No. 7-2001]
- MASSAGE ESTABLISHMENT
- Any business where body rubs, body shampoos, massages (as
defined above) or similar services are administered. This definition
shall not include persons licensed or authorized pursuant to Article
155 of the Education Law, or specifically exempt from Article 155
of the Education Law. (See Education Law § 7800 et seq.)[Added 5-8-2001 by L.L. No. 7-2001]
- MEDICAL CENTER
- A facility providing for the treatment of illness, injury and disease, providing inpatient and/or outpatient accommodations, including what are commonly termed "clinics," "diagnostic centers," "neighborhood health centers" and "hospitals," but expressly excluding group residences, nursing and convalescent homes and business offices, except where such facilities are accessory only to the medical center. This term shall also include private physicians' offices situated within or integral to a medical center.
- MOBILE HOME
- A transportable, single-family dwelling unit suitable for year-round occupancy and containing the same conveniences as immobile housing with respect to water supply, light, heat, power and waste disposal. A mobile home is a portable unit designed and built to be towed on its own chassis comprised of a frame and wheels and designed without a permanent foundation for year-round living. 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. Mobile units are designed to be used as long-term residential units; excluding, however, travel trailers, motorized homes, pickup coaches and camping trailers.
- MOBILE HOME PARK
- A parcel of land under single ownership which has been planned and improved for the placement of mobile homes for nontransient use consisting of not less than 2 1/2 acres and not fewer than 20 mobile homes.
- MORTUARY or UNDERTAKING ESTABLISHMENT
- An establishment with facilities for the preparation of the dead for burial or cremation, for the viewing of the body and for the observances held for a dead person incidental to the burial or cremation, but expressly excluding morgues and educational facilities engaged in teaching mortuary science.
- MOTOR VEHICLE SERVICE AND REPAIR
- The service or repair of motor vehicles and related equipment, but expressly excluding motor vehicle sales, motor vehicle dismantling except incidental to the repair of motor vehicles, motor vehicle parts recycling or the storage of motor vehicles.
- NONCONFORMING ELEMENT
- Any lot, yard, building, structure, use of land or requirement related to use, such as off-street parking or signage, which does not comply with the applicable district or general regulations contained in this chapter but which did lawfully exist by complying with any applicable regulations prior to the adoption of this chapter or any amendment hereto, and which has continued to exist in a manner consistent with such previous compliance. This term shall include the following: "nonconforming structure," "nonconforming use," "nonconforming lot" and other nonconforming elements as described in Article IV.[Amended 1-9-2001 by L.L. No. 1-2001]
- NURSING OR CONVALESCENT HOME
- A facility operated by a private individual(s), corporation or religious organization for the purpose of providing lodging, boarding and continuous nursing care under medical supervision to sick, invalid, infirm or convalescent persons but not constituting a medical center.
- OUTDOOR RECREATION FACILITY
- Includes commercially operated recreation facilities where activities are primarily conducted outside of a building or structure. Examples are outdoor driving ranges, parks and beaches and miniature golf courses. This term expressly excludes racetracks and outdoor theaters.
- PARKING FACILITY
- A lot, the principal use of which is the temporary parking of licensed motor vehicles in parking spaces used by the general public. The facility may be a building, a structure or an open lot. The sale, storage or repair of motor vehicles is prohibited within the facility.
- PARKING SPACE
- The area used for the temporary parking of one licensed motor vehicle, not including the access driveways or aisles.
- PARKING SPACE, OFF-STREET
- A parking space located solely within the boundaries of the property, and shall not include spaces located in the public right-of-way either on the street pavement or between the street pavement and a property's front lot line.
- Any individual, firm, partnership, corporation, association,
limited-liability company, business entity or legal representative,
acting individually or jointly.[Added 5-8-2001 by L.L. No. 7-2001]
- POWER GENERATING FACILITY
- A facility where electricity and/or steam is created for use in powering on-site or off-site industrial, commercial, residential or other activities.
- PREEXISTING TOWERS AND ANTENNAS
- Any tower or antenna for which a legal building permit was
issued and which was constructed and in existence as of May 6, 1996.[Added 6-11-2002 by L.L. No. 3-2002]
- PRIVATE CLUB
- A club or social organization which is not conducted for private profit, where the substantial portion of club activity is contained within a building and which club activity is not an adjunct to nor operated by or in connection with a public tavern, cafe or other similar public place. Private clubs requiring the substantial portion of their activity to be outdoors shall, for the purposes of this chapter, be considered an "outdoor recreation use" as that term is defined in this chapter.
- PUBLIC OR PRIVATE SCHOOL
- Instruction of students as required by the Education Law of the State of New York, including both public schools from elementary through 12th grade and also private schools whose curriculum is substantially equivalent to that of public schools. This term shall also include nursery schools, kindergarten and similar preschool programs where accessory to a public or private school.
- RELIGIOUS USE
- A land use activity devoted exclusively to religious purposes, including but not limited to churches, synagogues, mosques, parish houses, convents and retreat houses.
- RESEARCH FACILITY
- A commercial use whose principal activities include basic research, design, pilot or experimental product development, technical service, general research or engineering, together with accessory activities.
- Any structure designed, intended as or used in whole or part for the retail sale of prepared food and/or beverages for on-premises consumption. This term shall not include restaurants with drive-in facilities or temporary eating facilities such as associated with field days or charitable institutions.
- RETAIL BUSINESS
- A commercial activity designed for and primarily characterized by the direct on-premises sale of goods and services within a building to the ultimate consumer, generally involving stock-in-trade such as is normally associated with department stores, food markets, shops and similar establishments. This term shall also include personal service establishments such as barbershops, beauty salons and dry cleaning shops (as opposed to commercial dry-cleaning and laundry establishments). This term shall not include restaurants, gasoline stations, business offices, medical centers, outdoor retail sales, motor vehicle sales or kennels.
- SATELLITE RECEIVING ANTENNA
- Refers to any structure, including a parabolic dish or other device or equipment, intended to receive television, radio, microwave or other electronic signals from space satellites.
- SCREENING DEVICE
- A permanent barrier, any portion of which is situated two or more feet above grade, composed of any material, including what are commonly termed "walls," "fences," "hedges" and similar structures or improvements intended to provide privacy and/or security.
- The distance between a lot line and building line or accessory structure.
- SPECIFIED ANATOMICAL AREAS
- Include any of the following:[Added 5-8-2001 by L.L. No. 7-2001]
- SPECIFIED SEXUAL ACTIVITIES
- Include any of the following:[Added 5-8-2001 by L.L. No. 7-2001]
- STORAGE YARD
- All or part of a lot used for the storage of lumber, cut or milled wood, masonry products, piping, building products, sand, gravel or similar bulky products. Storage yard activity may involve the wholesale and/or retail sale of materials.
- A thoroughfare, publicly or privately owned, open to general vehicular use.
- STREET LINE
- The right-of-way or established property line of a street as indicated by dedication, deed of record or by a filed subdivision plan.
- Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. Examples include walls, buildings, freestanding signs and poles.
- STRUCTURE, ACCESSORY
- A structure generally associated with the use of property other than a principal or accessory building. Examples of accessory structures are radio or television antennas, satellite receiving antennas, signs, fences and outdoor recreation uses such as swimming pools.
- A structure designed to support antennas. It includes, without
limitation, freestanding towers, guyed towers, lattice towers and
monopoles.[Added 6-11-2002 by L.L. No. 3-2002]
- The Town of Geddes.[Added 5-8-2001 by L.L. No. 7-2001]
- USE, ACCESSORY
- An activity which is incidental, subordinate to and which may not be carried on independently of a principal use, such as a home occupation.
- USE, PRINCIPAL
- An activity which may be carried on independently of any other activity and which generally characterizes the primary purpose for which land and/or principal buildings or structures thereon are intended or designed.
- UTILITY STRUCTURE
- Buildings or structures used in conjunction with public utility services, including but not limited to energy substations, transmission towers, pumping stations and communication equipment enclosures, but excluding offices, vehicle storage, warehousing or construction staging areas.
- VEHICULAR FREIGHT SERVICE
- Transportation facilities primarily designed for the handling of equipment, supplies, merchandise and materials of all kinds destined for shipment, including interim storage facilities, truck terminals, freight stations and related installations and improvements.
- VETERINARY CLINIC or ANIMAL HOSPITAL
- A building or structure devoted to the medical care of animals by licensed veterinarians.
- The periodic displacement or oscillation of the earth.
- WAREHOUSE BUSINESS
- A commercial activity characterized by the warehousing, cold storage and similar long-term retention of materials, equipment and merchandise is bulk as well as the incidental, off-site, interim storage of consumer goods as part of a wholesale or retail operation.
- WHOLESALE BUSINESS
- A commercial activity characterized by the sale of merchandise in quantity to retail, manufacturing, institutional or other wholesale establishments, including on-premises storage and distribution facilities, but excluding bulk petroleum storage.
- YARD, FRONT
- The lot area bounded by the front and side lot lines and the front building line, open and unoccupied except as provided in Article VIII or as otherwise permitted in this chapter.
- YARD, REAR
- The lot area bounded by the rear and side lot lines and rear building line, open and unoccupied except as provided in Article VIII or as otherwise permitted in this chapter.
Except as provided hereafter:
No building or structure shall be erected, moved, reconstructed, altered or extended and no land, building or structure or part thereof shall be occupied or used unless in conformity with the regulations specified herein for the district in which it is located.
No building or structure shall hereafter be erected or altered to exceed the height, to accommodate or house a greater number of dwelling units, to occupy a greater percentage of lot area or to have narrower or smaller rear yards, front yards, side yards or other open spaces that are herein specified for the district in which it is located or in regulations applicable to all districts.
No part of a yard or open space required around any building or structure for the purpose of complying with this chapter shall be included as a part of a yard or open space similarly required for another building or structure.
All uses not specifically permitted in a district or permitted upon obtaining a special permit or site plan review shall be prohibited.
This chapter shall not apply to any existing buildings or structures nor to the existing use of any buildings, structures or land to the extent to which they were legally used at the time of enactment of this chapter. However, the terms of this chapter shall apply to any subsequent change in use, alterations, extensions or movement of a building or structure and to any change in use of the land.
Land use existing on the effective date of this chapter which is unlawful under any prior applicable regulations shall be lawful only to the extent that it complies with this chapter. However, such compliance shall not excuse or be used to abate or enjoin the prosecution of such unlawful conduct, whether initiated prior or subsequent to the effective date of this chapter.