For the purpose of this chapter, certain words and terms used herein are defined as follows:
All words used in the present tense include the future tense.
All words in the plural number include the singular number, and all words in the singular number include the plural number, except as to the number of permitted structures, unless the natural construction of the wording indicates otherwise.
The word "person" includes an association, partnership or corporation.
Unless otherwise specified, all distances shall be measured horizontally.
The word "building" includes the word "structure."
"Lot" includes the word "plot," "parcel" or "tract."
The word "premises" includes a lot and all buildings or structures thereon.
"To erect," "to construct" and "to build" a building or structure each have the same meaning and also include "to excavate" for a building and "to relocate" a building by moving it from one location to another.
"Used" shall be deemed also to include "designed, intended or arranged to be used or occupied."
"Shall" is mandatory and not discretionary.
Administrative terms defined.
- BOARD OF APPEALS
- The Board of Appeals of the Town of Perinton.
- COMMUNITY BENEFITS OR AMENITIES
- Open space which has physical, social or cultural benefit
to the residents of the community.[Added 3-10-1993 by L.L. No. 3-1993]
- DEPARTMENT OF HEALTH
- The Department of Health in the County of Monroe and any other health board or department established pursuant to the laws of the State of New York and having authority for the regulation of matters pertaining to the public health of the Town.
- The Director of Code Enforcement and Development of the Town
of Perinton.[Amended 10-13-1977 by L.L. No. 7-1977; 2-24-2010 by L.L. No. 1-2010]
- PLANNING BOARD
- The Planning Board of the Town of Perinton.
- PLANNING DEPARTMENT
- The Monroe County Planning Department.
- The Town of Perinton in Monroe County, New York State.
- TOWN BOARD
- The Town Board of the Town of Perinton.
- TOWN LAW
- The Town Law of the State of New York.
As used in this chapter, the following terms shall have the meanings indicated:
- The term applied to a building or use which is customarily incidental and subordinate to the principal building or use.
- ACCESSORY BUILDING
- An ancillary building with a customarily incidental use to a main building and located on the same lot as the main building. An accessory building is typically used for storage. An accessory building shall not be used for living purposes/human habitation. (See § 208-14G.)[Amended 8-10-2011 by L.L. No. 3-2011]
- ACCESSORY STRUCTURE
- An accessory facility or structure serving or being used
in conjunction with a communications tower and located on the same
lot as the communications tower. Examples of such structures include
utility or transmission equipment storage sheds or cabinets.[Amended 3-24-1993 by L.L. No. 4-1993; 1-22-1997 by L.L. No. 1-1997]
- AGRICULTURAL ACTIVITY
- The activity of an active farm, including grazing and watering
livestock, irrigating crops, harvesting crops, using land or agricultural
structures for growing agricultural products, and cutting timber for
sale.[Added 2-13-2013 by L.L. No. 1-2013]
- AGRICULTURAL PRODUCTS
- Those products as defined in § 301, Subdivision
2, of Article 25-AA of the New York State Agriculture and Markets
Law.[Added 2-13-2013 by L.L. No. 1-2013]
- AGRICULTURAL STRUCTURE
- Any barn, stable, shed, silo, garage, fruit and vegetable
stand or other building or structure directly and customarily associated
with agricultural activity on an active farm on five acres of land
or more.[Added 2-13-2013 by L.L. No. 1-2013]
- AMATEUR RADIO ANTENNA SUPPORT STRUCTURE
- A man-made tower whose primary function is to support an
antenna used in an amateur radio installation. Such a structure may
also be an integral part of the radiating function of an antenna.
Said structure shall include any guy wires and anchors.[Added 3-24-1993 by L.L. No. 4-1993; amended 1-22-1997 by L.L. No. 1-1997]
- AMATEUR RADIO INSTALLATION
- The equipment used by a person who holds a valid amateur radio license issued by the Federal Communications Commission. This equipment includes but is not limited to transmitters, receivers, antennas, antenna support structures, guy wires and anchors, interconnecting wire and cables. Such installation is a normal accessory use of residential property if conducted in accordance with § 208-13E of this Code.[Added 3-24-1993 by L.L. No. 4-1993; amended 1-22-1997 by L.L. No. 1-1997]
- A system of electrical conductors that transmits or receives
radio frequency signals. Such signals shall include but not be limited
to radio, television, cellular, paging, personal communication services
(PCS) and microwave communications.[Amended 3-24-1993 by L.L. No. 4-1993; 1-22-1997 by L.L. No. 1-1997]
- APARTMENT GROUP
- Two or more apartment buildings located on a parcel or parcels of land in one ownership at the time of application for site plan approval and having any yard, court, street or other improvements in common.
- APARTMENT HOUSE
- A building arranged, intended or designed to be occupied by four or more families living independently of each other, but having common hallways and entrances. These are distinguished from condominiums in that there are no common elements, and from townhouses in that no land is owned by the individual resident.
- AREA, BUILDING
- The cumulative floor area of all levels of habitable space
within surrounding exterior walls (or exterior walls and fire walls)
as measured from the outside dimension of the wall. Garages, attics,
unfinished basements, open porches, terraces and steps are not included
in the calculations of building area when associated with one- or
two-family dwellings.[Amended 8-10-2011 by L.L. No. 3-2011]
- AREA, LOT
- The area within the property lines excluding any portion thereof within the boundaries of a street or highway.
- BED-AND-BREAKFAST ESTABLISHMENT
- A typical residential dwelling that operates as a regular
business enterprise for transient rental and transient guests where
overnight lodging is provided for compensation. Permission to conduct
such use must be secured by special permit from the Board of Appeals
after a public hearing, and a building permit from the Code Enforcement
and Development Department.[Added 7-11-2018 by L.L. No. 6-2018]
- BUFFER AREA
- Strips of ground at least 50 feet in width covered with grass, vegetation, trees, fencing, embankments or berms designed to separate or screen one zoning district or use from another zoning district or use or from a highway.
- Any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals or chattels.
- COMMUNICATIONS TOWER
- A structure designed to support antennas. It includes, without
limit, freestanding towers, guyed towers, monopoles and similar structures
which employ camouflage technology.[Amended 3-24-1993 by L.L. No. 4-1993; 1-22-1997 by L.L. No. 1-1997]
- COMMUNICATION STRUCTURE [Added 12-10-1982 by L.L. No. 6-1982; amended 3-24-1993 by L.L. No. 4-1993]
- Any structure, other than an amateur radio support structure, which has a primary purpose of housing or supporting any portion of a communication system. Especially excluded from this definition are those structures which have a primary purpose of supporting:
- A. An antenna designed to receive or transmit radio or television signals, provided that the maximum height of such a structure is not greater than 10 feet above the ground or the building on which it is mounted and the antenna assembly is no longer than 16 feet.
- B. A reflector antenna designed to receive radio or television signals and which has a physical cross section measured perpendicular to the axis of maximum gain of less than 12 feet. (See the definition of "satellite dish antenna" below and § 208-13G.)
- COMPLETELY ENCLOSED BUILDING
- A structure where all activity associated with the use occurs
inside. Drive-through facilities, whether a stand-alone kiosk or associated
with a traditional retail or service structure, shall not be considered
completely enclosed buildings.[Added 6-9-2010 by L.L. No. 4-2010]
- Units and buildings as defined by Article 9-B of the Real
Property Law of the State of New York, entitled "Condominium Act,"
as the same may be amended from time to time. All definitions in said
Condominium Act are incorporated herein by reference. They are a form
of ownership of units which may be built in Residential, Apartment
or Townhouse Districts or nonresidential units which may be built
in Restricted Business, Industrial and Commercial Districts.[Amended 8-22-1984 by L.L. No. 2-1984]
- CUSTOMARY HOME OCCUPATIONS
- An accessory use of a service character customarily conducted within a dwelling by the residents 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. This shall be understood to include the professional office or studio of a physician, dentist, teacher, artist, architect, engineer, accountant, musician, chiropractor, podiatrist, lawyer, manufacturer's representative, real estate salesman or broker, travel agent, insurance agent, business consultant and other services of a professional nature. The office or studio must be located in the dwelling in which the practitioner resides and does not occupy more than 30% of the total floor area of the residence. Not more than one employee may be used. No other offices shall be located on the premises, nor shall any other profession be practiced or conducted on the premises. Any instruction given or professional services or care rendered shall be to one student, patient, client or customer at a time. Adequate off-street parking must be provided and maintained on the premises. The area of the building, exclusive of the portion used for such office, shall conform to the minimum requirements as provided in this chapter. There shall be no display of goods or advertising other than an accessory sign as provided in the Sign Law of the Town of Perinton. Permission to conduct such use, or other similar uses, must be secured by special permit from the Board of Appeals after a public hearing. The Board of Appeals may determine if the proposed use comes under this section.
- DRIVE-THROUGH FACILITY
- A commercial facility which provides a service directly to
a motor vehicle or where the customer drives a motor vehicle onto
the premises and to a window or mechanical device through or by which
the customer is serviced without exiting the vehicle. This shall not
include the selling of fuel at a gasoline filling station or the accessory
functions of a carwash facility such as vacuum cleaning stations.
A drive-through facility shall not be considered a completely enclosed
building. Automated teller machines and drive-in bank tellers shall
be considered drive-through facilities.[Added 6-9-2010 by L.L. No. 4-2010]
- A building designed or used as living quarters for one or more families.
- One or more persons occupying the premises and living as a single housekeeping unit.
- Any parcel of land five acres or more, used for agricultural
activities or farm operations, or land defined in § 301, Subdivision
4, of Article 25-AA of the New York State Agriculture and Markets
Law as "land used in agricultural production." It includes necessary
agricultural structures and the storage of equipment used.[Amended 10-13-1977 by L.L. No. 7-1977; 2-13-2013 by L.L. No. 1-2013]
- FARM OPERATION
- The land and on-farm buildings, equipment, manure processing
and handling facilities and practices which contribute to the production,
preparation and marketing of crops, livestock and livestock products
as a commercial enterprise, including a "commercial horse boarding
operation" as defined in § 301, Subdivision 13, of Article
25-AA of the Agriculture and Markets Law and "timber processing" as
defined in § 301, Subdivision 14 of Article 25-AA of the
Agriculture and Markets Law. Such farm operation may consist of one
or more parcels of owned or rented land, which parcels may be contiguous
or noncontiguous to each other.[Added 2-13-2013 by L.L. No. 1-2013]
- A structure serving as an enclosure or barrier, usually constructed
of, but not limited to, wood, vinyl, masonry, stone, wire, metal or
other manufactured material or a combination of materials erected
for the enclosure/separation of yard areas.[Added 6-24-2009 by L.L. No. 1-2009]
- GARAGE BUILDING AREA
- The total area taken at the main grade of the garage footprint.
Such areas shall be computed by using outside building wall dimensions.[Added 8-10-2011 by L.L. No. 3-2011]
- GARAGE, PUBLIC
- Any garage other than a private garage, available to the
public, operated for gain and which is used for storage, repair, rental,
servicing, adjusting or equipping of motor vehicles.[Amended 2-24-2016 by L.L. No. 6-2016]
- GARAGE, RESIDENTIAL, ATTACHED
- A private garage physically attached to a dwelling by other than an open breezeway or other partially open structure, and which is used principally for the storage of automobiles. (See § 208-14R.)[Amended 9-25-1996 by L.L. No. 5-1996; 4-14-1999 by L.L. No. 1-1999; 8-10-2011 by L.L. No. 3-2011]
- GARAGE, RESIDENTIAL, DETACHED
- A private garage, not physically attached to a dwelling as defined above, used principally for the storage of automobiles. (See § 208-14R.)[Amended 9-25-1996 by L.L. No. 5-1996; 4-14-1999 by L.L. No. 1-1999; 8-10-2011 by L.L. No. 3-2011]
- GARAGE SALE
- The sale of used household goods, clothing and equipment of the homeowner or tenant of a residential property, from such property. (See § 208-14S.)[Added 5-8-2002 by L.L. No. 4-2002]
- GRADE, ESTABLISHED
- The elevation of the center line of the streets as officially established by state, county or Town authorities.
- GRADE, FINISHED
- The completed surfaces of lawns, walks and roads brought to grades as shown on official plans or designs relating thereto.
- GREEN SPACE
- The area of the site not consisting of buildings, structures,
pavement or other impervious surfaces which are left in their natural
state, planted, seeded or landscaped, including areas which may be
incorporated into an approved recreation, water quality or buffering
plan. Green space shall not include foundation or small isolated parking
island plantings. In the instance where open space on the parcel is
conveyed to the Town as part of the development, such area shall be
utilized in the determination of the percentage of green space.[Added 5-9-2001 by L.L. No. 4-2001]
- GROSS LEASABLE FLOOR AREA (GLFA)
- The total area designed for tenant occupancy and exclusive
use, including any habitable/occupied basements, mezzanines or upper
floors as expressed in square feet and measured from the center line
of joint partitions and/or outside wall faces.[Added 9-12-2012 by L.L. No. 3-2012]
- GROUND AREA
- The maximum horizontal area of a building at the ground level, excluding storage space, open porches, terraces, steps, roof overhang and attached or built-in garage areas.
- A row of closely planted shrubs, or low-growing trees forming
a fence or boundary.[Added 6-24-2009 by L.L. No. 1-2009]
- HEIGHT OF BUILDING
- The vertical distance measured from the elevation of the
average finished grade to the highest point of the roof. The average
finished grade is determined by drawing a rectangle around the footprint
of the structure, identifying the midpoints of each side, and finding
the average elevation of the four midpoints.[Amended 2-24-2016 by L.L. No. 2-2016]
- HOTEL or MOTEL
- A building or group of buildings where transient guests are
regularly received without stipulated agreement in a nonowner-occupied
dwelling for a period generally not exceeding 28 days. Transient guests
are supplied with and charged for lodging and/or meals and/or such
other services as are incident to the use of such place as a transient
rental.[Amended 7-11-2018 by L.L. No. 6-2018]
- Adjustments to the permissible density, area requirements
and open spaces of the Local Zoning Law of the Town of Perinton adopted
June 22, 1954, and any amendments thereto; these adjustments may incorporate
two or more noncontiguous parcels of land.[Added 3-10-1993 by L.L. No. 3-1993]
- The area embraced within the prolongation of the boundary
lines of intersecting rights-of-way.[Added 3-28-1990 by L.L. No. 2-1990]
- Any premises on which five or more dogs four months old or
older are kept.[Amended 3-9-2011 by L.L. No. 2-2011]
- A parcel of land considered as a unit, unoccupied or occupied by a building or group of buildings that are united by common interest or use, and the customary accessories and open spaces belonging to the same.
- Any structure having separate compartments or units less
than 400 square feet each adapted to or used for the storage of goods,
materials and/or merchandise for compensation. [Added 2-8-1984 by L.L. No. 1-1984; amended 3-12-2008 by L.L. No. 3-2008]
- NONCONFORMING USE
- Any use of a building, other structure or tract of land which
was lawfully existing prior to the adoption, revision or amendment
of this Zoning Law but which fails to conform to the use regulations
for the district in which such use is located by reason of such adoption,
revision or amendment.[Added 12-10-1997 by L.L. No. 6-1997]
- OPEN SPACE PRESERVATION ZONING
- The system by which specific incentives are granted to applicants
pursuant to this section on condition that specific physical, social
or cultural benefits or amenities inure to the community.[Added 3-10-1993 by L.L. No. 3-1993]
- PARTY WALL
- A wall on an interior lot line used or adapted for joint service between two or more townhouse or duplex units which shall be constructed with a fire-resistance rating as required by the New York State Uniform Fire Prevention and Building Code.
- A piece or parcel of land, including all buildings and structures thereon.
- A. The words "public buildings and grounds," as used in this chapter, are intended to designate any one or more of the following uses, including grounds and accessory buildings necessary for their use:[Amended 10-27-1993 by L.L. No. 11-1993; 8-11-2010 by L.L. No. 6-2010]
- (1) Churches, places of worship, parish houses and convents.
- (2) Public parks, playgrounds and recreational areas when authorized or operated by a governmental authority.
- (3) Nursery schools, elementary schools, high schools, colleges or universities having a curriculum approved by the Board of Regents of the State of New York.
- (4) Golf courses and country clubs when occupying not less than 50 acres, not including, however, clubs whose activities include the maintenance, storage or takeoffs or landings of aircraft.
- (5) Public libraries and museums.
- (6) Not-for-profit fire, ambulance, public safety and humane society buildings.
- (7) Proprietary or not-for-profit hospitals for the care of human beings, nursing homes, convalescent homes, homes for adults, homes for the aged or residences for adults as the same are defined under the Public Health Law or the Social Services Law of the State of New York, provided that they are duly licensed by the State of New York; nursing homes, residential health care facilities, adult homes or residences for adults, all as defined by either the Public Health Law or Social Services Law, or senior citizen apartments, as defined by § 208-8.
- (8) Recreational facilities, either for profit or not for profit, such as swimming, tennis, platform tennis, bowling, hockey, ice skating, karate studio, dance studio or other similar indoor or outdoor sports (except if located within an enclosed mall or shopping center.)
- (9) Day-care centers approved by the New York State Department of Social Welfare.
- RECREATIONAL FACILITY
- Equipment or a place designed for sport, amusement or entertainment and generally used by more than a single family. Such facilities shall include but are not limited to the following: playground equipment, pools, tennis courts, ramps for in-line skates or skateboards or bicycles, basketball courts, hockey rinks, soccer fields, lacrosse fields, baseball fields and similar facilities. These shall not include the following facilities when associated with one- or two-family dwellings: pools, hot tubs, single-goal, half-court or half-size fields, or similarly reduced-size facilities, ice rinks smaller than 20 feet by 30 feet, or ramps less than three feet in height and 64 square feet in area, provided that these facilities are not illuminated. If such facilities are illuminated, they shall comply with the requirements of full-sized facilities as per § 208-24B.[Added 8-10-2011 by L.L. No. 3-2011]
- An individual who principally lives in a dwelling in the Town of Perinton.
- RESIDENTIAL USE
- Includes all uses for living units in residential, apartment and townhouse districts regardless of the form of ownership.
- SATELLITE DISH ANTENNA
- A reflector antenna designed to receive radio or television
signals which has a physical cross section measuring less than 12
feet. The total height of such antenna and support structure shall
not exceed 10 feet above the ground.[Added 3-24-1993 by L.L. No. 4-1993]
- SENIOR CITIZEN APARTMENTS
- A residential building with units for rent for more than
five unrelated adults over the age of 55 years. Ninety percent of
all of the rental units must be occupied by an adult at least 55 years
of age.[Added 8-11-2010 by L.L. No. 6-2010]
- The distance from a street line or lot line to the wall of
that part of the structure nearest said line, not including entrance
steps, marquees or roof overhangs which are open to light, air and
visibility. In computing side and rear setbacks, chimneys which do
not exceed six feet in width and 30 inches in depth are permissible
in front of the wall. If a structure is of cantilever construction
or is supported by beams or poles instead of walls, the setback shall
be measured from the line to a point on the ground determined by dropping
a plumb line vertically from the exterior wall of said structure nearest
said line. All measurements shall be made at right angles to or radially
from the line to the structure. Setbacks from street lines to walls
are defined as "front setbacks." Setbacks from side lot lines are
"side setbacks." Setbacks from rear lot lines are "rear setbacks."
Front setbacks on corner lots may be 10 feet shorter than the front
setback required in each residential district. When a rear yard abuts
a road, the front yard setback for the district shall apply.[Amended 1-13-1993 by L.L. No. 1-1993]
- SIDEWALK or PEDESTRIANWAY
- A right-of-way for pedestrians or bicycle riders, formally
dedicated to the public use, accepted or maintained by the appropriate
governmental or municipal body for public use.[Added 10-13-1977 by L.L. No. 7-1977]
- SPLIT-LEVEL DWELLING
- A residence with finished living area on more than two horizontal planes. The levels in a split-level house are staggered so that the second plane is not directly under the third plane or directly over the first plane. For the purpose of determining minimum ground area in this chapter, a "split-level dwelling" shall be deemed a one-story building if a garage is included within the building area; it shall be deemed a one-and-one-half-story building if a garage is not included within the building area.
- STACKING LANE
- An area comprised of stacking spaces and driving lanes provided
for vehicles waiting for service at a drive-through facility that
is physically separated from other traffic, parking spaces, and pedestrian
circulation on the site.[Added 6-9-2010 by L.L. No. 4-2010]
- That portion of a building included between the surface of the floor and the ceiling directly above it, having a vertical distance of at least seven feet six inches along the walls forming each of the exterior walls. Each story above the first story must have an area equal to at least 2/3 that of the first story. The first story is the lowest story which is 75% or more above the average level of the ground adjacent to said building.
- STORY, HALF
- That portion of a building directly under a gable, hip or gambrel roof having a vertical distance between the floor and horizontal ceiling of at least seven feet six inches, except that for habitable space under a sloping roof, the minimum height above at least 50% of such floor area shall be seven feet six inches, and the area where the height is less than five feet shall not be considered in computing the required floor area.
- STREET or HIGHWAY
- A right-of-way formally dedicated to the public use or accepted or maintained by the appropriate governmental or municipal body for public use.
- Anything built or erected which rests upon or in the ground,
or requires the support of the ground, or is attached to any building,
including excavations. This does not include utility poles installed
and in use by a public utility, nor sidewalks, parking areas, driveways
or fencing up to and including six feet in height.[Amended 10-13-1977 by L.L. No. 7-1977]
- SWIMMING POOL
- A structure intended for bathing, swimming or diving purposes,
made of concrete, masonry, metal or other impervious materials, and
provided with a recirculating and/or controlled water supply. The
definition of "swimming pool" does not include natural or artificial
ponds which have dirt and gravel sides and bottoms, which are not
equipped with filtering equipment and are used primarily for farm,
aesthetic, fishing or boating purposes.[Added 1-23-2002 by L.L. No. 1-2002]
- SWIMMING POOL, PRIVATE
- Any natural or artificial pool or combination thereof or any structure, whether built on, above or below the surrounding finished grade, which is designed to contain water to a depth of 30 inches or more and has at least one horizontal dimension of 12 feet or more. The definition of "swimming pool" does not include natural or artificial ponds which have dirt and gravel sides and bottoms, which are not equipped with filtering equipment and have a surface area of at least 10,000 square feet and are used primarily for farm, aesthetic, fishing or boating purposes.
- SWIMMING POOL, PUBLIC
- Such pools subject to state and county controls when their use has been permitted under the definition of "public buildings and grounds" above.
- TELECOMMUNICATIONS FACILITIES
- Communications towers and/antennas and accessory structures
used in connection with the provision of cellular telephone service,
PCS, paging services, radio and television services and similar broadcast
services.[Amended 3-24-1993 by L.L. No. 4-1993; 1-22-1997 by L.L. No. 1-1997]
- TOWNHOUSE BUILDING
- A structure arranged for not less than three nor more than eight townhouse units, each separated by party walls.
- TOWNHOUSE GROUP
- Two or more townhouse buildings located on a parcel or parcels of land in one ownership at the time of application for site plan approval, and having any yard, court, street or other improvements in common.
- Single-family dwellings which are attached units constructed to one building or a group of buildings which are located on a separate lot with zero side setbacks and have common elements for the use of all residents.
- TOWNHOUSE UNIT
- An individual dwelling in a townhouse building with provisions for living, sanitary and sleeping facilities arranged for the use of one family.
- TRANSIENT GUEST
- A person who resides in a transient rental dwelling unit
for a period of less than 28 continuous days.[Added 7-11-2018 by L.L. No. 6-2018]
- TRANSIENT RENTAL
- Rental of a dwelling unit by transient guests for a period
of less than 28 continuous days.[Added 7-11-2018 by L.L. No. 6-2018]
- Secondary distribution electric lines, telephone lines, cable television and distribution lines and service lines for electricity, gas, water and cable television from the boundary of each lot to the structures thereon.
- An upright, freestanding, solid enclosure/barrier usually
constructed of masonry, wood, plaster, or other building material
serving to enclose, divide, or protect an area (excluding retaining
walls).[Added 6-24-2009 by L.L. No. 1-2009]
- Any structure adapted to or used for the storage of goods,
materials and/or merchandise.[Added 2-8-1984 by L.L. No. 1-1984]
- The business of receiving and storing goods, materials and/or
merchandise.[Added 2-8-1984 by L.L. No. 1-1984]
- A. The area between that part of an existing structure nearest the street line and the street line, bounded on each side by the side lines of the lot.
- B. On corner lots, those areas between the part of each exterior wall of an existing structure nearest each street line abutting said lot, and said street lines bounded by the other street and the side line most closely parallel to said other street line shall each be the "front yard."
- A. The area between that part of an existing structure nearest the rear line of the lot and said rear line, bounded on both sides by the side yards of said lots.
- B. On corner lots, that area between that part of an existing structure nearest each side line which has the larger amount of square feet shall be considered the "rear yard," and the area having the smaller amount of square feet shall be considered the "side yard."
- C. When a "rear yard" abuts a road, the front yard setback for the district shall apply.[Added 1-13-1993 by L.L. No. 1-1993]
- YARD, SIDE
- That area between that part of an existing structure nearest the side line and the side line of each lot, provided that said side line is not also a street line.
Editor’s Note: The former definition of "drive-in eating or drinking establishment," which immediately followed this definition, was repealed 6-9-2010 by L.L. No. 4-2010.
Editor’s Note: The former definition of "reservoir space," which immediately followed this definition, was repealed 6-9-2010 by L.L. No. 4-2010.
Editor’s Note: The former definition of "structural recreational facility," added 1-23-2002 by L.L. No. 1-2002, as amended, was repealed 8-10-2011 by L.L. No. 3-2011. See now the definition of "recreational facility."