Scope and meaning of certain words and terms.
Unless the context clearly indicates the contrary, words used in the present tense include the future, the singular number includes the plural and the plural the singular.
The word "person" includes a profit and nonprofit corporation, company, partnership or individual.
The word "shall" is mandatory and not directory; the word "may" is permissive.
The word "lot" includes the word "plot" and the word "land."
The word "structure" includes the word "building."
The word "use" refers to any purpose for which a lot or land or part thereof is arranged, intended or designed to be used, occupied, maintained, made available or offered for use and to any purpose for which a building or structure or part thereof is arranged, intended or designed to be used, occupied, maintained, made available or offered for use or erected, reconstructed, altered, enlarged, moved or rebuilt with the intention or design of using the same.
The word "used" refers to the actual fact that a lot or land, building or structure or part thereof is being occupied or maintained for a particular use.
Definition of words and terms. As used in this chapter, the following terms shall have the meanings indicated:
[Amended 11-5-1979 by L.L. No. 11-1979; 5-4-1987 by L.L. No. 3-1987; 5-18-1987 by L.L. No. 4-1987; 12-1-1997 by L.L. No. 6-1997]
- ACCESSORY APARTMENT
- A temporary dwelling unit contained within an existing single-family detached dwelling or in a detached garage accessory to a principal residence for use as a complete, independent living facility with provisions within the accessory apartment for cooking, eating, sanitation and sleeping. Such a dwelling is an accessory use to the principal dwelling unit.
- ACCESSORY USE, BUILDING OR STRUCTURE
- A subordinate use, building or structure customarily incidental to and located on the same lot occupied by the principal use, building or structure. The term "accessory building" may include a private garage, garden shed, a private playhouse and a private greenhouse. In order to constitute an "accessory use" within the meaning of this chapter, the area devoted to such "accessory use" shall not exceed 50% of the area of the lot after the deduction from such lot area of those portions thereof occupied by the primary structure or required to meet the setback requirements for such lot.
- AGRICULTURAL OR FARMING ACTIVITIES
- The use of land for agricultural purposes, including but not limited to dairying, pasturage, truck farms, nurseries, greenhouse, horticulture, viticulture and apiaries, animal and poultry husbandry and the necessary accessory uses for storage; provided, however, that the operation of any such accessory use shall be incidental to that of the principal agricultural activities.
- AGRICULTURAL RETAIL OR WHOLESALE BUSINESS
- A use primarily engaged in the sale or rental of farm tools
and implements, feed, grain, tack, animal care products, farm supplies,
food sales, farm machinery and repair. Animal storage or sales shall
not be permitted.[Added 3-19-2018 by L.L. No. 2-2018]
- As applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities; or an enlargement, whether by extending on a side or by increasing in height; or moving from one location or position to another. The term "alter" in its various modes and tenses and its participial form refers to the making of an "alteration."
- A request for a review of the local administrator's interpretation of any provision of § 200-6 or a request for a variance.
- AREA OF SHALLOW FLOODING
- A designated AO or VO Zone on a community's Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet, where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate and where velocity flow may be evident.
- AREA OF SPECIAL FLOOD HAZARD
- The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year. This area may be designated as Zone A, AE, AH, AO, A1 through A99, V, VO, VE or V1 through V30. It is also commonly referred to as the "base floodplain" or "one-hundred-year floodplain."
- AUTOMOBILE LAUNDRY
- A structure or building designed for the washing, waxing, simonizing or similar treatment of automotive vehicles as its principal function. A filling station having portable washing equipment shall not be deemed to be an "automobile laundry" where such use is an accessory service to the principal service of the filling station.
- An impermanent structure, other than a roof, attached to, supported by and projecting from a building and providing protection from the elements.
- BASE FLOOD
- The flood having a one-percent chance of being equaled or exceeded in any given year.
- A story partly underground but having less than 1/2 of its clear height below the average level of the finished grade around all four sides of the building.
- BED-AND-BREAKFAST ESTABLISHMENT
- A dwelling within which overnight accommodations are provided or offered for transient guests for compensation. For purposes of this chapter, "bed-and-breakfast establishments" shall include tourist homes.
- A sign which directs attention to a business, commodity, service, entertainment or attraction sold, offered or existing elsewhere than upon the same lot where such sign is displayed or only incidentally sold, offered or existing upon such lot.
- BREAKAWAY WALL
- A wall that is not part of the structural support of the building and is intended, through its design and construction, to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system.
- A structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals, property or business activity.
- A profit-making activity which provides goods or services for sale or hire to individuals, community organizations and other businesses.
- CAMPING GROUND
- A parcel of land used or intended to be used, let or rented for transient, vacation and recreational occupancy by travel trailers, campers, tents, recreational vehicles, motor homes and the motor vehicles propelling or carrying the same, but excluding mobile homes designed for year-round occupancy or as a place of residence.
- CARETAKER'S OR OWNER'S DWELLING UNIT
- A dwelling unit located in the same building to which it is an accessory use; provided, however, that such term shall also include a mobile home actually occupied by such caretaker or owner (subject to removal if vacant for more than 30 days).
- A story partly underground and having more than 1/2 of its clear height below the average level of the finished grade around all four sides of the building.
- Land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including crematories, mausoleums and mortuaries if operated in connection with and within the boundaries of such cemetery.
- CLUB, COUNTRY
- A club for golfing, tennis, hunting, fishing, horseback riding, skiing or similar sports.
- CLUB, MEMBERSHIP, NONPROFIT
- The premises and buildings used by a local chapter holding a valid charter from an international, national or state organization or by a bona fide local civic association catering exclusively to members and their guests primarily for a patriotic, fraternal, benevolent, social, educational, religious or political purpose. The club shall not be used in whole or in part for the conduct of any business or enterprise for profit, but this shall not be construed as preventing the utilization of a club for benefits or performances for a recognized charity, nor for the meeting of other organizations, nor for educational and cultural purposes.
- COASTAL HIGH-HAZARD AREA
- The area subject to high-velocity waters, including but not limited to hurricane wave wash. The area is designated on a FIRM as Zone V1 through V30, VE, VO or V.
- CODE ENFORCEMENT OFFICER
- The official designated by the Board of Trustees to administer the provisions of this chapter, or the Village Zoning Officer.
- COMMERCIAL VEHICLE
- A vehicle which requires commercial registration by the New York State Department of Motor Vehicles and which exceeds a gross vehicle weight of 10,000 pounds.
- An open, unoccupied space, other than a yard, on the same lot with a building. An offset to a "court" shall be deemed a separate inner court for the purpose of determining its least dimension, its area and the least dimension and area of the "court" to which it is contiguous.
- COURT, DEPTH OF
- The maximum horizontal dimension at right angles to the width.
- COURT, HEIGHT OF
- The greatest vertical distance measured from the lowest level of such court up to the roof of the building.
- COURT, INNER
- Any court which is not an outer court.
- COURT, OUTER
- A court extending to a street, front yard or rear yard.
- COURT, WIDTH OF
- The horizontal dimension parallel to the principal open side in the case of an outer court; and the least horizontal dimension in the case of an inner court.
- CUSTOM WORK, SHOP FOR
- A business premises used for the making of clothes, millinery, shoes or other personal articles to individual order and measure, for sale at retail on the premises only, and not including the manufacture of ready-to-wear or standardized products.
- Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling operations located within the area of special flood hazard.
- DOG KENNEL
- The keeping of more than four dogs that are more than six months old.
- A roadway providing a means of access from a street to a property or off-street parking area. An accessway may also be deemed a "driveway."
- A building arranged, intended or designed to be occupied by one or more families living independently of each other upon the premises, but not including a boardinghouse or rooming house, hotel or lodging house or motel.
- DWELLING, MULTIPLE
- A building or portion thereof used as a dwelling containing three or more dwelling units.
- DWELLING, ONE-FAMILY
- A residential dwelling unit designed and occupied exclusively by one or more persons living and cooking together as a single nonprofit housekeeping unit and having a minimum width dimension of not less than 16 feet.
- DWELLING, TWO-FAMILY
- A residential building containing two units, designed for occupancy and used exclusively by two families living independently of each other and having a minimum width dimension of not less than 16 feet.
- DWELLING UNIT
- One or more rooms with provisions for cooking, living, sanitary and sleeping facilities arranged for the use of one family.
- ELEVATED BUILDING
- A nonbasement building built to have the lowest floor elevated above ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers) or sheer walls.
- One or more persons occupying a dwelling unit and living and cooking together as a single nonprofit housekeeping unit. Members of the household shall have the same address for voter registration, driver's license, motor vehicle registration and for the filing of taxes.
- A structure bounding an area of land designed either to limit access to the area or to screen such area from view, or both.
- FILLING STATION
- An area of land, including structures thereon, used for the supply of motor vehicle fuel, lubricants, accessories and such services as washing, polishing and minor repairs but not major repairs, collision service or painting.
- FLAMMABLE LIQUIDS
- Liquids having a flash point below 200° F., closed cup tester. Class I flammable liquids (e.g., gasoline, ether, liquid petroleum gas) are those having a flash point below 25° F. Class II flammable liquids (e.g., alcohol, ethyl or methyl acetate) are those having a flash point below 70° F. but not below 25° F.
- FLEA MARKET
- A lot, land or structure or part thereof where a business with short-term or daily rental of stalls, booths or selling spaces to individual persons for selling used and new consumer merchandise, antiques, art and craft items and collectibles at retail is conducted. Resale of merchandise is allowable, but not as a branch or outlet of a business with another location elsewhere outside the "flea market." The term "flea market" excludes yard sales, rummage sales and other outdoor retail uses, such as but not limited to junk sales, outdoor used auto parts sales, used building materials sales, used cars and vehicles and farm implements. Businesses whose profit is substantially derived from sale of merchandise and not from rental of space for retail sales are not "flea markets." Explicitly excluded are thrift shops, secondhand goods shops and consignment shops from this definition of "flea market."
- FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)
- An official map of the community published by the Federal Emergency Management Agency as part of a riverine community's Flood Insurance Study. The "FBFM" delineates a regulatory floodway along watercourses studied in detail in the Flood Insurance Study.
- FLOOD OR FLOODING
- A general and temporary condition of partial or complete inundation of normally dry land areas from:
- FLOOD HAZARD BOUNDARY MAP (FHBM)
- An official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been defined but no water surface elevation is provided.
- FLOOD INSURANCE RATE MAP (FIRM)
- An official map of a community on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
- FLOOD INSURANCE STUDY
- The official report provided by the Federal Emergency Management Agency. The report contains flood profiles as well as the Flood Boundary and Floodway Map and the water surface elevations of the base flood.
- Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
- The same meaning as "regulatory floodway."
- The top surface of an enclosed area in a building, including basement, i.e., the top of a slab in concrete slab construction or the top of wood flooring in wood frame construction.
- FLOOR AREA, GROSS
- The sum of the gross horizontal areas of several floors of a building or buildings, measured from the inside faces of exterior walls or from the center line of walls separating two uses. For the purpose of applying the requirements for off-street parking and loading in the case of offices, merchandising or service types of uses, "gross floor area" shall not include areas used principally for nonpublic purposes such as storage, rest rooms, fitting or alteration rooms or general maintenance or enclosed pedestrian malls or corridors.
- FLOOR AREA, HABITABLE
- The horizontal area of any floor of a building designed and intended for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof, and which meets the ceiling height requirements of the Uniform Code. All dimensions shall be measured from the interior faces of exterior walls or from the center line of the base of walls separating two dwelling units.
- FUNCTIONALLY DEPENDENT USE
- A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding and ship repair. The term does not include long-term storage, manufacture, sales or service facilities.
- GARAGE, PARKING
- A building, not a private garage, used for the storage of automobiles or trucks and not used for making repairs thereto.
- GARAGE, PRIVATE
- An enclosed space for the storage of one or more motor vehicles, provided that no business, occupation or service is conducted for profit therein.
- GARAGE, REPAIR
- A building, other than a private or a parking garage, used for storage, adjustment, painting, replacement of parts or other repair of motor vehicles or parts thereof, whether or not accessory or incidental to another use.
- HABITABLE SPACE
- A space occupied by one or more persons for living, sleeping, eating or cooking. Kitchenettes shall not be deemed to be "habitable space."
- HEIGHT OF BUILDING OR STRUCTURE
- The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of flat roofs, to the deckline on mansard roofs or to the mean height between eaves and ridge for gable, hip and gambrel roofs.
- HIGHEST ADJACENT GRADE
- The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.
- HOME OCCUPATION
- Any gainful occupation customarily conducted within a dwelling by the residents thereof that is clearly secondary to the residential use and that does not change the character of a structure as a residence. "Home occupations" shall not be construed to include such uses as the following: clinic or hospital, convalescent home, barbershop, beauty parlor, restaurant, dog kennel, antique dealer, mortuary establishments, garages or shops for the repair of motor vehicles, retail businesses and trades or businesses of any kind not herein excepted.
- HOME PROFESSIONAL OFFICE
- The office or studio of a resident physician, surgeon, dentist or other person licensed by the State of New York to practice a healing art, lawyer, architect, artist, engineer, real estate broker or salesman, insurance broker or agent or teacher as herein restricted. For the purposes of this definition, a "teacher" shall be restricted to a person giving individual instruction in academic or scientific subjects to a single pupil at a time. A "home professional office" shall not include the office of any person professionally engaged in the purchase or sale of goods produced or stored on the premises. Dancing instructions, band instrument or piano or voice instructions, tea rooms, tourist homes, beauty parlors, barbershops, hairdressing and manicuring establishments, convalescent homes, mortuary establishments, veterinary or veterinary hospital and stores, trades or businesses of any kind not herein excepted shall not be deemed to be "home professional offices." The "home professional office" of a physician shall not include a biological or other medical testing laboratory.
- A building or part thereof which has a common entrance, common heating system and general dining room and containing seven or more living and sleeping rooms designed to be occupied by individuals or groups of individuals for compensation, which are available to the public for periods of less than one week at a time. A "hotel" shall not provide dwelling units.
- HOUSE TRAILER
- A movable single-family dwelling originally equipped with or having a vehicular chassis but lacking one or more of the following mechanical systems and equipment: plumbing, heating, electrical, cooking and refrigeration. See "mobile home."
- Includes scrap metals and their alloys, bones, used materials and products, such as rags and cloth, rubber, rope, tinfoil, bottles, old tools and machinery, fixtures and appliances, lumber, boxes or crates, pipe and pipe fittings and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition.
- (1) A lot, land or structure or part thereof where junk, waste or discarded or salvaged materials are bought, sold, exchanged, sorted, baled, parked, disassembled, handled or abandoned, including automobile or other vehicle or machinery, wrecking or dismantling yards; house wrecking yards; used lumberyards, places or yards for storage of salvaged house wrecking and structural steel materials and equipment; or where any unregistered motor vehicle is held outside of a completely enclosed building, whether for the purpose of reclaiming for use some or all the materials therein or for the purpose of storage or disposing of the same for any other purpose. The term "junkyard" shall not include pawn shops and establishments for the sale, purchase or storage of used furniture, household equipment and clothing or for processing of used, discarded or salvaged materials as part of manufacturing operations.
- (2) Exceptions. The following shall not be included in this definition:
- (a) New and/or used motor vehicles which are operable, qualify for a current New York State motor vehicle inspection sticker under Article 5 of the New York Vehicle and Traffic Law and are offered for sale to the public and may be stored on premises on which new or used car sales may be conducted in accordance with the provisions of this chapter.
- (b) The storage of vehicles subject to seasonal use such as recreational vehicles and snowmobiles even though such vehicles may be unlicensed during the part of the year they are not in use.
- (c) The storage of agricultural equipment, machinery and vehicles in an established agricultural district and which are being used in farm operations.
- Any parcel of land, not necessarily coincident with a lot or lots shown on a map of record, which is occupied or which is to be occupied by a building and its accessory buildings, if any, or by a group of buildings accessory thereto, if any, together with the required open spaces appurtenant to such building or group of buildings.
- LOT AREA
- The total horizontal area included within lot lines.
- LOT, CORNER
- A lot at the junction of and fronting on two or more intersecting streets.
- LOT COVERAGE
- The percentage of the horizontal area of the lot covered by a building or buildings, measured to the outside of the wall.
- LOT FRONTAGE
- The portion of a lot which runs along the street or streets which border the lot. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered front yards.
- LOT, INTERIOR
- Any lot other than a corner lot.
- LOT LINE
- Any boundary of a lot. Any "lot line" not a rear lot line nor a front lot line shall be deemed a side lot line.
- LOT LINE, FRONT
- The street right-of-way line at the front of a lot. On a corner lot, the owner may specify the "front lot line" on the plot plan.
- LOT LINE, REAR
- The lot line opposite the front lot line.
- LOT, THROUGH
- A lot extending from one street to another.
- LOT WIDTH
- The horizontal dimension measured from side lot line to side lot line along a line parallel to the street line at the required minimum front yard depth.
- LOWEST FLOOR
- The lowest level, including basement or cellar, of the lowest enclosed area. An unfinished or flood-resistant enclosure usable solely for the parking of vehicles, building access or storage in an area other than a basement is not considered a building's "lowest floor," provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of § 200-6.
- MANUFACTURED HOME
- A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes park trailers, travel trailers and similar transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property.
- MEAN SEA LEVEL
- For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other data to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.
- MIXED PLANNED DEVELOPMENT
- A development of land within a Commercial-Industrial Park District based on an overall development plan which integrates compatible residential and commercial uses in a unified and orderly manner. "Mixed planned developments" shall be approved by the Planning Board in accord with the special exception procedures and which may provide for the variance of the dimensional regulations as provided for in this chapter.
- MOBILE HOME
- Any portable vehicle which is designed to be transported on its own wheels or those of another vehicle, which is used, designed to be used and capable of being used as a detached single-family residence; and which is intended to be occupied as permanent living quarters containing sleeping accommodations, a flush toilet, a tub or shower, kitchen facilities and plumbing and electrical connections for attachment to outside systems. The definition of "mobile home" includes all additions made subsequent to installation. All "mobile homes" built after June 15, 1976, shall meet the National Mobile Home Construction and Safety Standards as set forth by the United States Department of Housing and Urban Development and the requirements of the Uniform Code. This definition does not include manufactured housing placed on a permanent foundation or a travel trailer.
- MOBILE HOME PARK
- A residential land use designed for the location of two or more mobile homes in designated home spaces and including appurtenant facilities and accessory services for residents only.
- A building or group of buildings, whether detached or in connected units, used as individual sleeping or living quarters with direct outside access and related office and with or without restaurant facilities, designed primarily for transient automobile travelers and provided with accessory off-street parking facilities. The term "motel" includes buildings designated as tourist courts, motor lodges, auto courts and other similar appellations, but shall not be construed to include parking areas for house trailers or mobile homes or to include dwelling units except for that of the owner or manager.
- MOTOR VEHICLE
- Any vehicle which is propelled by any power other than muscular power, except electrically driven chairs being operated or driven by persons with physical disabilities. "Motor vehicles" shall include but not be limited to automobiles, trucks, boats, all-terrain vehicles, snowmobiles, etc.
- NATIONAL GEODETIC VERTICAL DATUM (NGVD)
- As corrected in 1929, a vertical control used as a reference for establishing varying elevations within the floodplain.
- NATURAL GRADE
- For the purposes of this chapter, the "natural grade" of a land area to be subdivided shall be determined by calculating the difference in elevation between intersection points along the lines of a two-hundred-square-foot grid system applied to the required topographic mapping for the subdivision and expressing this difference as a percentage of slope between such points; the "natural grade" of the individual grid squares shall be that of the maximum slope determined as described above along its bounding grid lines; the "natural grade" of a subdivision will vary in accordance with the findings for each individual grid square.
- NEW CONSTRUCTION
- Structures for which the start of construction commenced on or after the effective date of § 200-6.
- NONCOMMERCIAL SPEECH SIGN
- Any sign that expresses personal convictions or beliefs as are further provided for under the First Amendment provisions of the United States Constitution and does not in any way identify a commercial enterprise or a product, commodity or service offered by a commercial enterprise.
- NONCOMMERCIAL SPEECH SIGNS ASSOCIATED WITH NONRESIDENTIAL USE
- Any sign that expresses personal convictions or beliefs as defined above and which are located on a lot being used (or zoned) for other than residential purposes.
- NONCONFORMING BUILDING OR STRUCTURE
- A building or structure lawfully existing at the effective date of this chapter or any amendment thereto affecting such building or structure, which does not conform to the Table of Dimensional Regulations of this chapter for the district in which it is situated, irrespective of the use to which such structure is put.
- NONCONFORMING USE
- Any use of a building, structure, lot or land or part thereof lawfully existing at the effective date of this chapter or any amendment thereto affecting such use, which does not conform to the Table of Use Regulations of this chapter for the district in which it is situated.
- NONNUISANCE INDUSTRY
- Any industry which is not detrimental to the environment in which it is located by reason of the emission of smoke, noise, odor, dust, vibration or excessive light beyond the limits of its lot or by reason of generating excessive traffic with attendant hazards, and which does not include any outdoor processing of materials nor open accessory storage yard unless completely enclosed by a solid wall or fence not less than six feet in height.
- NURSERY SCHOOL
- A building or structure, together with its lot and its accessory uses, buildings and structures, used as an organized instructional facility or other care for five enrolled children under six years of age other than the children of the resident family, but not provided with customary commercial public recreation features such as Ferris wheels or roller coasters and not furnishing sleeping quarters except for the resident family.
- NURSING HOME
- A building or part of a building, together with its lot and accessory uses, buildings and structures, used for nursing care of two or more persons not related to the operator by family ties and for compensation. The term "nursing home" includes rest homes and convalescent homes.
- ONE-HUNDRED-YEAR FLOOD
- The same meaning as "base flood."
- OUTDOOR RECREATION
- Recreation facilities which are privately operated for gain and which are available to the general public on an individual admission or membership basis. Such uses shall include but not be limited to golf courses and country clubs, miniature golf courses, camping grounds, tennis courts, theaters, skating rinks and amusements parks.
- PARKING AREA
- A lot or part thereof used for the storage or parking of motor vehicles, with or without the payment of rent or charges in money and/or other consideration.
- PERMITTED USE
- A specific principal use of a building, structure, lot or land or part thereof which this chapter provides for in a particular district as a matter of right.
- PERSONAL SERVICE ESTABLISHMENT
- An office, store or other place of business catering to the personal needs of a customer, such as normally conducted by a barber, beautician, tailor or dressmaker.
- PLANNED COMMERCIAL-INDUSTRIAL PARK
- A development of land based on an overall development plan approved by the Planning Board in accordance with the special exception use procedures for commercial and industrial uses other than retail stores, personal service establishments or other uses not indicated as permitted or special exception uses in the Commercial-Industrial Park District. Such an overall development plan may provide for variance of the dimensional regulations as provided in this chapter.
- PLANNED RESIDENTIAL DEVELOPMENT
- A residential development of land based on an overall development plan approved by the Planning Board in accordance with the special exception use procedure, in which the dimensional regulations of this chapter and the type of housing may be varied as provided in this chapter and where certain lands are set apart as permanent upon space or common land.
- A noncommercial outdoor area dedicated to and principally
used for games and active and passive recreation by the public, possibly
equipped with devices such as swings, slides and other such play apparatus,
or having spaces set aside far team sports. Such area may be located
within parks, on school grounds or other public facilities, but shall
not include areas incidental or accessory to any principal commercial
use, such as restaurants, stores or other commercial establishments;
nor shall such area include spaces incidental or accessory to any
noncommercial principal use.[Added 6-20-2005 by L.L. No. 2-2005]
- PRINCIPALLY ABOVE GROUND
- At least 51% of the actual cash value of the structure, excluding land value, is above ground.
- PRIVATE SWIMMING POOL
- A swimming pool not open to the public and located on a lot
used for a detached one-family or two-family dwelling.[Added 4-28-2003 by L.L. No. 4-2003]
- PROHIBITED USE
- A use of a building, structure, lot or land or part thereof which is not listed as a permitted or special exception use.
- RECREATIONAL VEHICLE
- A vehicle-type portable unit without a permanent foundation primarily designed as temporary living quarters for recreational, camping or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. The basic entities are:
- REGULATORY FLOODWAY
- The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height, as determined by the Federal Emergency Management Agency in a Flood Insurance Study or by other agencies as provided in § 200-6E(3)(b).
- RESEARCH INSTITUTE OR LABORATORY
- A building for experimentation in pure or applied research design, development and production of prototype machines or devices or of new products and uses accessory thereto; with respect to the application of this chapter, such "research institute or laboratory" shall meet the standards of a nonnuisance industry.
- RETAIL STORE
- An establishment engaged in buying goods for resale to the general public for personal and household consumption, such as appliance shop, baker, confectioner, delicatessen, drugstore, florist, fruit shop, grocer, hardware store, package liquor store, shoe shop, stationery store, tobacconist and variety store. "Retail store" shall not be deemed to include establishments such as motor vehicle salesrooms that are specifically listed in this chapter.
- SAND DUNES
- Naturally occurring accumulations of sand in ridges or mounds landward of the beach.
- SEASONAL COTTAGE
- A dwelling unit occupied less than eight months of each year.
- SHOPPING CENTER
- One or more stores, shops and similar establishments occupying adjacent storefronts in the same building, or two or more commercial buildings located on a single lot or adjacent lots, with such buildings developed as part of a single integrated development with a common architectural design.
- Any substance or material, or any structure, support, device or part upon which substance or materials will be placed, attached or affixed, whether placed, attached or affixed indoors or out of doors on or in a structure or lot located in the Village of Springville, whereby or whereon is composed of letters, symbols, numbers or pictorial matter, or upon which letters, symbols, numbers or pictorial matter will be placed, attached or affixed, and is intended for display of an advertisement, direction, notice, name or identification, and includes, but is not limited to, sign frames, billboards, banners, awnings, signboards, illumination signs, pennants, fluttering devices, projecting signs or ground signs.
- SIGN AREA
- The area of a sign consisting of the entire surface of any regular geometric form, or combinations of regular geometric forms, comprising all of the display area of the sign and including all of the elements of the matter displayed, but excluding supporting or structural members not bearing advertising matter. The calculation for a double-faced sign shall be the area of only one face.
- SIGN, BUILDING
- A sign which is painted on or a part of or attached to the outside wall of a building, with the face of the sign in the plane parallel to such wall and not extending more than 12 inches from the face of such wall.
- SIGN, BUILDING FRONT OR FACE
- The outer surface of a building which is visible from any private or public street, highway or driveway, including window display areas.
- SIGN, BUSINESS
- A sign which directs attention to a business, profession or industry conducted upon the premises or to a commodity or service sold or offered by such business, profession or industry upon the premises where such sign is located.
- SIGN, DIGITAL
- Any programmable sign capable of displaying or projecting
words, symbols, figures or graphic images that can be altered or rearranged
by remote or automatic means resulting in nonstationary messages or
images, typically without altering the physical face or surface of
the sign. Such signs typically use LED, plasma, LCD or other illumination
to produce the characters and graphics of the display.[Added 2-6-2017 by L.L. No. 2-2017]
- SIGN, DIRECTIONAL
- A sign that directs attention to the location of a local service or place of business.
- SIGN ERECTION
- The construction, alteration, repair, display, location or relocation, attachment, placement, suspension, affixage or maintenance of any sign, including the painting of exterior wall signs and the use of any vehicle or other substitute for a sign.
- SIGN, FREESTANDING
- A sign or sign support structure that is not attached to or part of a building or structure.
- SIGN, GROUND
- A sign supported by a pole, uprights or braces which are placed in or on the ground.
- SIGN, ILLUMINATED
- A sign lighted by electricity, gas or other artificial light, including reflective or phosphorescent light, paint or tape.
- SIGN LIGHTING DEVICE
- Any light, string or groups of lights located or arranged so as to cast illumination on or from a sign.
- SIGN, NONCONFORMING
- A sign which exists at the time of enactment of this chapter and which does not conform to the regulations and restrictions imposed herein.
- SIGN, OUTDOOR ADVERTISING
- A sign which directs attention to a business, profession or industry conducted or a commodity or service sold or offered on a site other than upon the premises where such sign is located.
- SIGN, PERMANENT
- Any sign which by virtue of its mode of construction, general construction materials and/or design is intended to be or is permanently affixed to a building or the ground or incorporated in the composition of an exterior surface of a building.
- SIGN, POLITICAL
- Any sign that displays the name or names of a candidate or
candidates, with or without political party designations, political
symbols and/or political offices, who is or are seeking public office
or elective office by means of a special, primary or general election,
or a sign that displays a message relating to a scheduled referendum
vote.[Amended 5-21-2012 by L.L. No. 5-2012]
- SIGN, PORTABLE OR MOVABLE
- A sign that is designed and intended to be transported from place to place and is readily and easily removed and is not affixed to a building or structure. Portable signs are temporary signs.
- SIGN, PROFESSIONAL OR ANNOUNCEMENT
- A temporary or permanent sign which directs attention to a resident's home, a home occupation, a home professional office or a public or semipublic building.
- SIGN, PROJECTING
- A sign which is attached to the exterior of a building or a structure beyond the surface of that portion of the building or structure to which the sign is attached and not parallel to the face of the building.
- SIGN, REAL ESTATE OR CONSTRUCTION
- A sign advertising land or improvements thereto or describing construction activity or a firm doing work related to construction on the premises on which the sign is located.
- SIGN, VARIABLE COPY
- Any sign that contains movable letters, numbers, print, symbols or pictorial matters for potential periodic changing.
- SIGN, WINDOW
- Any sign visible from a sidewalk, street or other public place which is painted or affixed on glass or other window materials or structure or located inside within four feet of a window, but not including graphics in connection with customary window display of products sold therein.
- SPECIAL EXCEPTION USE
- A use in one or more districts for which the Planning Board may grant a permit pursuant to the provisions of Article X.
- START OF CONSTRUCTION
- The initiation, excluding planning and design, of any phase of a project or physical alteration of the property, and shall include land preparation, such as clearing, grading and filling; the installation of streets and/or walkways; excavation for a basement, footings, piers or foundations; or the erection of temporary forms. It also includes the placement and/or installation on the property of accessory buildings (garages, sheds), storage trailers and building materials. For manufactured homes, the "actual start" means the affixing of the manufactured home to its permanent site.
- A public or private thoroughfare which provides the principal means of access to abutting properties.
- STREET LINE
- The dividing line between a lot and a street right-of-way.
- Anything constructed or erected which requires temporary or permanent support or attachment to the ground, beneath the ground or to something having permanent location on the ground, including gasoline, oil or liquid-storage tanks, buildings, manufactured homes, mobile homes, recreational vehicles, travel trailers, fences and billboards.
- (2) For the purpose of this definition, "substantial improvement" is considered to commence when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not the alteration affects the external dimensions of the structure. The term does not, however, include either:
- (a) Any project for the improvement of a structure to comply with existing state or local buildings, fire, health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or
- (b) Any alteration of a structure or contributing structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
- SWIMMING POOL
- An artificial body of water or receptacle having a depth at any point of more than 24 inches, designed or intended to be used for the purpose of bathing, swimming or wading and installed or constructed above or below ground and including all operational equipment. This definition includes hot tubs, spas, Jacuzzis and all other wading and/or bathing pools that meet the above dimension.
- VARIANCE, AREA
- The authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirement of the applicable zoning regulations.
- VARIANCE, USE
- The authorization by the Zoning Board of Appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations.
- A structure of wood, stone or other materials, or combination thereof, intended for defense, security, screening or enclosure or for the retention of earth, stone, fill or other materials as in the case of retaining walls or bulkheads.
- YARD, FRONT
- A yard extending between the side lot lines and situated between the street line and the front line of the principal building or use projected to the side lines of the lot.
- YARD, REAR
- A yard extending between the side lot lines and situated between the rear lot line and the rear line of the principal building or use projected to the side lot lines.
- YARD, SIDE
- A yard extended between the front yard and rear yard and situated between the side lot line and the adjacent side line of the principal building.
- YARD, TRANSITIONAL
- A side or rear yard of a property in a nonresidence district that abuts a property in a residence district.
Editor's Note: The Table of Dimensional Regulations is located at the end of this chapter.
Editor's Note: The Table of Use Regulations is located at the end of this chapter.
Editor's Note: The former definition of "sign, temporary," which immediately followed this definition, was repealed 5-21-2012 by L.L. No. 5-2012.