A.
Subject to the provisions of Article I thereof, in the interpretation of this chapter, the following rules shall apply:
(1)
Words used in the present tense include the future
tense.
(2)
The singular includes the plural, and the plural the
singular.
(3)
The word "person" includes an individual, firm, partnership,
association or corporation.
(4)
Any use of the gender-specific words (his, hers, him,
her) shall imply both genders.
(5)
The word "lot" includes the word "plot" or "parcel."
(6)
A building or structure includes any part thereof.
(7)
The term "used" or "occupied," as applied to any land
or structure, shall be construed to include the words "intended, arranged
or designed to be used or occupied."
(8)
The word "shall" is intended to be mandatory.
(9)
The word "and" indicates that all connected items,
conditions, provisions or events shall apply.
(10)
The word "or" indicates that the connected items,
conditions, provisions or events may apply singly or in any combination.
(11)
The words "either . . . or" indicate that the
connected items, conditions, provisions or events may apply singly
but not in any combination.
(12)
The word "Department" means the Town of DeWitt
Department of Planning and Zoning.
[Amended 12-12-2011 by L.L. No. 8-2011]
(13)
The word "Town" means the Town of DeWitt, New
York.
(14)
The word "county" means the County of Onondaga,
New York.
B.
In the case of any difference of meaning or implication
between the text of this chapter and design guidelines, caption, illustration
or table, the text shall control.
[Amended 9-8-2008 by L.L.No. 6-2008; <legref><hisdate>4-11-2011</hisdate></legref> by L.L. No. 4-2011; 2-27-2012 by L.L. No. 2-2012; 1-21-2015 by 1-2015; 6-4-2018 by L.L. No. 2-2018; 10-14-2019 by L.L. No. 5-2019; 10-2-2023 by L.L. No. 7-2023]
When used in this chapter, the following terms shall have the
meanings herein ascribed to them. Where any definition is divided
into classifications or categories of activities or uses, each classification
or category shall be considered a different activity or use requiring
separate application of the provisions of this chapter. No part of
any definition shall be varied. The following shall define the words
used in this chapter.
A structure, the use of which is customarily, and specifically,
incidental to that of the principal building or use which is located
on the same lot with the principal building or use.
A use, not otherwise contrary to law, customarily and specifically
incidental to the use of a building for dwelling purposes and including
home workshops and customary hobbies, which are not home occupations,
engaged in and conducted solely by the residents of the dwelling for
the exclusive enjoyment and use by the residents and family and which
do not constitute a nuisance by reason of smoke, odor, vibration,
radioactive disturbance, traffic, dust, noise, heat or glare.
An accessory use may be conducted in the main building or in
an accessory building or structure but in either case shall not occupy
a floor area greater than that of 1/4 of the area of the first floor
of the main building. There shall be no exterior alterations reflecting
such accessory use.
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/DVDs, slides or other photographic reproductions which
are characterized by the depiction or description of specified sexual
anatomical activities.
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, any one of the following: books, magazines, periodicals,
films, motion pictures, videos, slides, compact discs and/or computer-generated
or other visual representations which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas.
A nightclub, bar, restaurant, bottle club, juice bar, club
or similar commercial establishment, whether or not alcoholic beverages
are served, which regularly features:
Persons who appear nude or in a state of nudity or seminudity;
or
Live performances which are characterized by the exposure of
specified anatomical activities or by specified sexual activities;
or
Films, motion pictures, videocassettes/DVDs, slides or other
photographic reproductions that are characterized by the depiction
or description of specified sexual anatomical activities.
A business where an adult male or female exposes parts of
his or her body identified in the definition of "specified anatomical
activities."
A hotel, motel or similar business which:
Offers public accommodations, for any form of consideration,
which provide patrons with closed-circuit television transmissions,
films, motion pictures, videocassettes/DVDs, slides or other photographic
reproductions characterized by the depiction or description of specified
sexual activities 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
Offers a sleeping room for rent for a period of time less than
10 hours; or
Allows a tenant or occupant to subrent the sleeping room for
a period of time less than 10 hours.
An enclosed or unenclosed building or structure or portion
of a building or structure or drive-in theater used for presenting
materials 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 activities for observations
by patrons therein.
A business which for any form of consideration 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 instruments, devices or
paraphernalia which are designed for use or marketed primarily for
stimulation of human genital organs or for sadomasochistic use or
abuse of themselves or others.
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 anatomical activities,
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.
A facility that cares for six or more pets or domesticated
animals for training, breeding, boarding, grooming or harboring, whether
or not for profit.
An installation regulated by New York State Banking Law for
the purpose of conducting financial transactions automatically.
An owner-occupied and operated dwelling originally designed
and maintained as a single-family residential structure where limited
overnight lodging and breakfast is provided for compensation to tourist
or recreational guests.
Any outdoor advertising board, structure or device which advertises, directs or calls to attention any business, article, substance, or service or any sign which is painted, printed, posted or affixed to any building, structure, wall, fence, pole, railing, natural object or structure of any kind on real property or upon the ground itself which advertises services, products or commodities not available on the premises on which the billboard is located as further specified in § 192-106L.
The length of a street between two street intersections.
A dwelling, other than a hotel or motel, wherein more than
four unrelated persons are sheltered.
Any structure having a roof supported by columns or walls
for the shelter, housing or enclosure of persons, animals or chattels,
including but not limited to merchandise or commercial equipment,
open or enclosed porches, garages and carports.
The vertical distance measured from the grade plan to the
average height of the highest roof surface.
Any commercial enterprise, association or arrangement for
profit or not for profit.
A coffeehouse, delicatessen or bar, other than a restaurant,
where beverages, whether or not alcoholic, and/or food is prepared
and/or served for consumption on and/or off the premises.
A change in the nature of occupancy, use or intensity of
use of any principal building, lot or structure that requires the
issuance of a building permit or certificate of occupancy as determined
in writing by the department.
The Code of the Town of DeWitt, as amended.
An unoccupied open space other than a yard. An "outer court"
is one that extends to the street or to the front of the rear yard.
An "inner court" is any other court.
The percentage of a lot area occupied by the ground area
of principal and accessory buildings on such lot.
The percentage of a lot area occupied by the ground area
of principal and accessory buildings and structures, driveways, parking
areas and lots, swimming pools, decks and other impermeable materials
on such lot.
The maximum percentage of building coverage allowed in a
zoning district.
The maximum percentage of lot coverage allowed in a zoning
district.
Any establishment caring for children or adults that is not
considered a family day-care home, group family day-care home or family
adult day-care home. No day-care center shall be established without
licensing, and every specific permit for a center shall be conditioned
upon the licensing, certification or other approval of every public
agency charged with the regulation or supervisions of any facet of
the proposed center.
A program for adults for more than three hours per day per
person in which day care is provided in a family home for three to
six adults.
A set of discretionary statements duly adopted by the Town
and used to guide land development to achieve a desired level of quality
for the physical environment.
Any change to improved or unimproved real estate, including,
but not limited to, buildings or other structures, mining, dredging,
filling, grading, paving, excavation or drilling.
A permit is issuable by the department pursuant to the DeWitt
Town Code for a variety of construction purposes and land alterations
including, but not limited to sign permits; building permits; demolition
permits; excavation; grading and filling; operating permits; and temporary
use permits.
A plan prepared in connection with the establishment of a
large mixed-use development containing the information required in
§ 192-64C(6).
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 activities.
The principal or accessory use, including an ATM, which by
design of physical facilities or by service or packaging procedures,
encourages or permits customers to receive a service or obtain a product
while remaining in a motor vehicle and may include drive-in outdoor
theaters, fast-food establishments, banks and similar uses.
The area delineated with a material approved by the Town as the access from a public road to a residence or use in a residential district as further specified in § 192-103E(3). For a multifamily dwelling and nonresidential property, a driveway delineates with all-weather pavement access from a public road to a parking lot, loading area and/or other necessary and approved locations or facilities as further defined in § 192-103E(4).
Any building or structure, or part thereof, used and occupied
for human habitation, or intended to be so used, and includes any
appurtenances belonging thereto.
One room, or a group of rooms joined to each other, located
in a dwelling, designed and maintained as a unified living quarters,
occupied by a family, containing integrated facilities used for living,
sleeping, cooking, eating and sanitation. Dwelling units must contain
at least one room with a minimum area of 150 square feet, with a minimum
horizontal dimension of 10 feet.
A row of two or more adjoining dwelling units each on their
own lot, each of which is separated from the others by one or more
continuous walls extending from lowest floor to roof.
A dwelling designed for or occupied by more than two families.
A dwelling designed for and occupied by not more than one
family and surrounded by open space or yards and having no roof, wall
or floor in common with any other dwelling unit.
A dwelling designed for and occupied by not more than two
families in separate dwelling units, each of which is totally separated
from the other by a continuous wall extending from lowest floor to
roof or an unpierced ceiling and floor extending from exterior wall
to exterior wall.
Any institution of learning recognized by the New York State
Department of Education which offers instruction in the several branches
of learning either as a public, private, vocational, or a vocational
institution, but does not include instruction incidental to the operation
of a business or organization.
The disturbance of the soil on a lot or lots that will affect
the lesser of 1/4 acre, one-foot change in grade, or will alter drainage
patterns off site.
Persons occupying a dwelling unit and living together as
a family unit. It shall be presumptive evidence that more than four
persons living in a single dwelling unit who are not related by blood,
marriage, domestic partnership or legal adoption do not constitute
the family unit. In determining whether individuals are living together
as a family unit, the following criteria shall be present:
The occupants must share the entire dwelling unit and live and
cook together as a single housekeeping unit. A unit in which the various
occupants act as separate roomers may not be deemed to be occupied
by the functional equivalent of a traditional family;
The group shares expenses for food, rent or ownership costs,
utilities and other household expenses;
The group is permanent and stable. Evidence of such permanency
and stability may include:
The presence of minor dependent children regularly residing
in the household who are enrolled in a local school;
Members of the household having the same address for the purposes
of voter registration, driver's license, motor vehicle registration
and the filing of taxes;
Members of the household are employed in the area;
The household has been living together as a unit for one year
or more whether in the current dwelling unit or other dwelling units;
Common ownership of the furniture and appliances among the members
of the household;
The group is not transient or temporary in nature; and
Any other factor reasonably related to whether or not the group
is the functional equivalent of a family;
A fraternity or sorority will not be considered the functional
equivalent of a family.
Any place, however designated, which has been issued a permit
to operate a family day-care home by the New York State Department
of Social Services pursuant to part 417 of the New York State Department
of Social Services regulations and generally serving 12 or fewer children.
A parcel of land of three or more acres used principally in the raising or production of agricultural products, farm animals as defined in New York State Agricultural and Markets Law, and the necessary farm structures and storage of equipment used on the premises as specified in § 192-73.
A building, structure or lot used for the storage, repair,
painting, towing, rental, incidental sale and/or servicing of motor
vehicles.
A reference plane representing the average of finished ground
level adjoining the building at exterior walls. Where the finished
ground slops away from the exterior walls, the reference plane shall
be established by the lowest points within the area between the building
and the lot line or, where the lot line is more than six feet from
the building, between the building and a point six feet from the building.
The sum of the gross horizontal areas of each floor of a
building or buildings measures from the exterior faces of exterior
walls and the center line of a common wall separating two buildings,
as required by the New York State Building Code, as amended, and including
enclosed porches, stairwells and elevator and mechanical shafts at
each floor and balconies and mezzanines. All floors totally or partially
below grade level shall be included in this calculation except for
areas that are used exclusively for dead storage where access is not
regularly required.
Any place, however designated, which has been issued a permit
to operate a group family day-care home by the New York State Department
of Social Services pursuant to Part 416 of the New York State Department
of Social Services department regulations and generally serving no
more than six children.
Any use customarily conducted entirely within a dwelling, provided that such use is carried on solely by the residents of the dwelling and is clearly incidental and secondary to the use of the dwelling for dwelling purposes, as further specified in § 192-75.
A building used primarily to provide sleeping accommodations
for the transient public which is not a boardinghouse or rooming house
or bed-and-breakfast.
Any motor vehicle, household or commercial furnishing, equipment
or assemblies or used parts or waste materials from such vehicles,
equipment or parts or other equipment which is:
Any outdoor area of real property that is used or intended
to be used for the placement, processing, storage or deposit of one
or more of the following, whether in connection with another use or
not: used appliances, furniture, mobile homes, junk motor vehicles,
household or commercial equipment, furnishings or assemblies or any
parts thereof.
A parcel of land occupied or capable of being occupied exclusively
by one principal building and/or use and such accessory buildings
or structures as may be permitted.
The area of a lot as measured by a New York State licensed
surveyor contained within the perimeter of the lot.
The mean horizontal distance from its front line to its rear
line, measured in the general direction of its side lot lines.
The mean width measured at right angles to its depth.
A lot fronting on two streets at their intersection.
The transformation of raw materials into finished goods for
sale, or intermediate processes involving the production or finishing
of semimanufactures. It is usually accompanied by means of a large-scale
industrial operation with the use of industrial machines. Specifically
excluded from this definition is any facility with a process or manufacturing
procedure that creates a fuel or generates power that is exported
from the facility.
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.
Any business where body rubs, body shampoos, massages 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.
The lot area less all of the following that are within the
lot: jurisdictional wetlands, 100-year floodplains and stormwater
management areas.
A development or redevelopment that allows for two or more
principal uses, which are permitted in the district, in any single
development, in a single building or on a single lot which includes
residential and commercial uses.
A development or redevelopment that allows for two or more
principal uses, which are permitted in the district, in any single
development or in a single building or on a single lot, one use of
which must be residential use.
A mixed-use development or redevelopment located on contiguous
parcels totaling at least 25 acres, intended to establish a walkable
urban node and permitted to utilize zero lot-lines (i.e., no minimum
setback).
A vehicle used or constructed to be used both as a duly licensed
conveyance upon streets and highways and as a place for residential
occupancy, whether or not placed on jacks or some other form of foundation
or connected to utility systems, including similar portable units
but not including travel trailers, campers and tents.
An area for the placement of one or more mobile homes, trailer
homes or house trailers intended to be used for permanent or semipermanent
residency, whether for sale or lease.
Any single-family dwelling unit which is manufactured in
whole or in components at a place other than the location where it
is to be placed; which is assembled in whole or in components at the
location where it is to be permanently located; which rests on a permanent
foundation or slab; which does not have wheels or axles affixed as
a part of its normal construction; and which does not require a license
by any agency as a motor vehicle, special equipment, trailer, motor
home or mobile home.
A building used for the treatment or other care of human
ailments, which term includes a sanitarium, sanatorium, clinic, rest
home and convalescent home.
A use that is devoted exclusively to business, nonprofit
or professional services.
Any land area used or intended to be used for the temporary parking of three or more licensed vehicles or the portions of a vehicle sales operation utilized for the display of vehicles or customer parking that meets the regulations in § 192-103.
A space for the temporary parking of a motor-driven vehicle within a public or private parking lot that meets the regulations in § 192-103.
One or more natural persons, corporations, partnerships,
associations, joint-stock companies, societies and all other entities
of any kind.
A building in which the one principal use of the lot on which said building is located is conducted, unless designed and permitted as a mixed use pursuant to § 192-77.
The facilities of any person, firm, corporation, municipality
or municipal board duly authorized under state or municipal regulations
to furnish to the public, within the Town, electricity, gas, communications,
water, drainage and flood control. Specifically excluded from this
definition is any facility with a process or manufacturing procedure
that creates a fuel or generates power that is exported from the facility.
Any squib, rocket, firecracker, roman candle, fire balloon,
colored lights or other fireworks or any device or composition used
to obtain a visible or audible pyrotechnical display.
A business establishment operating any excavation regulated
under New York State legislation applicable to extraction of consolidated
or unconsolidated aggregates, such as but not limited to clay, sand,
gravel, limestone, slate or granite.
A dwelling unit or dwelling units within a building providing
twenty-four-hour supervised room, board and care in a residential
setting to residents thereof whose status limits their ability to
live independently, and secondarily for training, rehabilitation and
nonclinical services. A room or rooms may be regularly locked where
it is a matter of owner policy, and occupancy is by a person, persons,
or family as authorized by the operator. The term excludes facilities
subject to New York Mental Hygiene Law § 41.34. Residential
care facilities shall not include a clinic, institution, hospital,
nursing home, convalescent home, school, child day-care center, adult
day-care center, nursery school, dormitory, homeless residential facilities
or other similar use. The term shall not be applied to owner-occupied
premises with one or two roomers.
A building or portion thereof where greater than 1,000 square
feet thereof is utilized for the sale, preparation and/or consumption
by the public on and/or off the premises of food and/or beverages,
whether or not alcoholic.
The sale, rental or lease of goods or commodities directly
to the public.
A premises in which goods or commodities are sold, leased
or rented directly to the public.
A person organized as a wholly owned, distinct organization
with separate and exclusive public entry(ies); exclusive lease and
leasable area; and exclusive operations with frontage in a multitenant
facility for purposes of signage allocation.
Any material, structure or device, or part thereof, composed of lettered or pictorial matter or upon which lettered or pictorial matter is placed when used or located out of doors, on the exterior of any building or visible through any window, which shall display or include any letter, word, logo, model, insignia, device or representation used as or which is in the nature of an identification, announcement, direction or advertisement as further specified in § 192-106.
ABANDONEDA sign that is no longer associated with the location, product or service conducted on the premises on which the sign is located. Such sign shall be considered abandoned if 90 or more consecutive days pass without the association of the sign purpose and user.
ATTACHEDA sign connected or displayed in a sign band of a building by any means - flush-mounted or suspended - in a permanent manner (wall or building sign).
CABINETAn assembly consisting of a frame with or without a back to hold internal components such as wiring, lighting equipment and lamps and covered by a face which displays or projects the sign message, whether illuminated or not (box sign).
CHANGEABLE COPYA sign designed to display information which may be changed by any means or method (menu sign, electronic message board, LED).
DETACHEDA sign supported by a structure placed on or anchored in the ground and independent from any building or other natural or man-made structure (e.g., freestanding, monument, pylon signs).
MULTITENANT FACILITYAn integrated group of signs designed and approved for a building or complex with more than one tenant and intended to identify tenants and/or direct visitors, customers or staff to and through a facility or complex. A variety of sign types may be employed to convey necessary information.
OFF-SITEAny sign advertising or calling attention to any business, activity or product not located on the same continuous parcel of land as the sign, or any sign advertising or calling attention to any commodity or service not sold or offered upon the same continuous parcel of land as the sign, as further specified in § 192-106L.
TEMPORARYA sign intended to display a message of a transitory or temporary nature, whether or not it is portable, excluding window signs.
WINDOWAny advertising or identification sign affixed to a window and other transparent part of a facade wall or located behind such transparent part of a facade wall so as to be legible from the exterior of a building. Such window and other transparent area signs may also display phone number, web address, hours of operation, "open" and "closed" identification, special events, merchandise or services availability, pricing, credit cards accepted and similar information.
The defined area of a building facade wall that is designed
and approved for the location of an attached sign(s).
The Town of DeWitt Planning Board's authority to approve, modify or disapprove of the layout, scale, appearance, safety, and environmental impacts of a proposed multifamily, commercial, industrial or nonresidential development pursuant to § 192-117.
The Town of DeWitt Zoning Board of Appeals' authority to approve, modify or disapprove a particular use identified in this chapter, as further specified in § 192-118.
The display of less than completely and opaquely covered
human genitals, pubic region, pubic hair or buttocks or female breast
or breasts below a point immediately above the top of the areola.
Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
Includes the presence of any of the following conditions:
human genitals in a state of sexual stimulation or arousal; acts of
actual or simulated human masturbation, sexual intercourse, oral copulation
or sodomy; the fondling or other intentional erotic touching of human
genitals, pubic region, buttocks, anus or female breasts; excretory
functions as part of or in connection with any of the activities set
forth in this definition.
An accessory building or structure where horses are kept
for private use and not for hire, remuneration or sale.
A building where horses are kept for instruction, training,
hire, remuneration or sale.
The right-of-way line of the street.
A public or private right-of-way along which structures with
street-level uses are oriented, located in a mixed-use development.
A minimum of 70% of the street frontage on a primary street must consist
of structures with street-level uses. Surface parking lots and diagonal
street parking are not permitted on or adjacent to primary streets.
Parallel parking is permitted on primary streets.
A public or private right-of-way located in a mixed-use development
where a minimum of 35% of the street frontage must consist of structures
with street-level uses. Surface parking lots are permitted adjacent
to a secondary street.
A public or private right-of-way located in a mixed-use development
where up to 100% of street frontage may be used as surface parking
lots. A maximum of 25% of the total street network in the development
plan may be designated as tertiary streets.
Anything constructed or erected at a fixed location on the
ground or attached to something having a fixed location on the ground.
"Structures" include, but are not limited to, buildings, sheds, walls,
fences, radio towers, swimming pools, detached signs, billboards and
poster panels.
Any artificial pool or structure intended for bathing or
swimming purposes over 24 inches in depth.
A temporary use established for a fixed period of time, for
the retail sale of seasonal products, including, but not limited to,
such items as food, Christmas trees and live plants.
The Town of DeWitt.
Building, structure and supporting infrastructure designed
for the receipt of and shipment of packages of consumer goods and
other material and merchandise products which may include loading,
unloading, sorting and/or repackaging of such products. The intent
of the facility is that the products shall not remain on the premises
for long-term storage or warehousing but are intended to be shipped
by rail or ground transportation, including van, truck or smaller
vehicles to their ultimate destination. This definition shall not
include on-site vehicle maintenance.
The specific purpose for which any land or structure is designed,
arranged or occupied; the principal use.
An area of open land, where no repair work is done, that
is used for the display, sale or rental of new or used motor vehicles
and is accompanied by a principal building.
A vehicle sales area where the total area, including the
principal building, is less than 3 1/2 acres.
Any building, structure or land used to dispense, sell or
offer automotive fuels, oils or accessories, including lubrication,
washing, polishing and/or cleaning and/or the replacement or installation
of minor parts and accessories to passenger automobiles or trucks
not exceeding 1 1/2 tons rated capacity, but not including any
major mechanical repair, rebuilding or reconditioning of engines,
motor vehicles or trailers or collision service, body repair, frame
straightening, painting, undercoating, vehicle steam cleaning or upholstering.
A motor vehicle designed or used to transport passengers
or property as defined by New York State Vehicle and Traffic Law § 501-a.
A motor vehicle constructed or altered to be used exclusively
to transport family members and/or personal possessions of such family
members for nonbusiness and recreational purposes by the operator
as defined by New York State Vehicle and Traffic Law § 501-a.
A vehicle and its attendant equipment whose primary purpose
or use is for recreation. Such vehicles as snowmobiles, jet skis,
motor homes, trailer homes, boats, windsurfers and trailers related
thereto are examples of such vehicles.
A facility to diagnose and treat animal disease or disorders
or prevent animal diseases or disorders and may include the incidental
sheltering of treated animals.
A business that provides storage areas to the public.
An open space, other than a court, on a lot, unoccupied and
unobstructed from the ground upwards, except as otherwise permitted.
The ground area on a lot between the street right-of-way
line and the nearest point of the principal building or use, extending
to the side boundaries of the lot and, in residential districts, unoccupied
except for fences, parking area and/or other decorative or landscaping
uses.
The ground space on a lot between the rear line of the lot
and the nearest point of the principal building or use and extending
to the side boundaries of the lot.
The ground space on a lot between the side line of the lot
and the nearest point of the principal building or use extending from
the rear line of the front yard to the front line of the rear yard
and, in residential districts, unoccupied adjacent to such side line
to the width required for side yards in the district except for fences,
parking areas and/or other decorative or landscaping uses.
