A.
Except where specifically defined herein, all words
used in this chapter shall carry their customary meanings. Words used
in the present tense shall include the future. Words used in the singular
number include the plural, and words used in the plural number include
the singular, unless the context clearly indicates the contrary.
B.
The word "shall" is always mandatory. The word "may"
is permissive. "Building" or "structure" includes any part thereof.
The word "lot" includes the word "plot" or "parcel." The word "person"
includes an individual person, a firm, a corporation, a copartnership
and any other agency of voluntary action.
C.
The phrase "used for" includes "arranged for," "designed
for," "intended for," "maintained for" and "occupied for."
As used in this chapter, the following terms
shall have the meanings indicated:
A second dwelling unit within a principal residential structure
or accessory structure in which the dwelling unit conforms to the
location, bulk, floor area and other standards established in these
regulations.
[Added 11-17-2008 by L.L. No. 2-2008]
A building detached from and subordinate to a main building
on the same lot as and used for purposes customarily incidental to
those of the main building.
A use customarily incidental and subordinate to the principal
use of a building and located on the same lot as such principal use
or building.
As applied to a building or structure, a change or rearrangement
in the structural parts or existing facilities of such building or
structure or any enlargement thereof, whether by extension on any
side or by any increase in height, or the moving of such building
or structure from one location to another.
A system of devices that transmits or receives electromagnetic
waves or radio-frequency (RF) signals. Such uses shall include, but
not be limited to, radio, television, cellular, paging, personal telecommunications
services (PCS) and microwave telecommunications.
[Added 1-21-2018 by L.L.
No. 3-2018]
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings,
exclusive of terraces and uncovered steps.
That space of building which is immediately below and wholly
or partly within the roof framing. An "attic" with a finished floor
shall be counted as one-half story in determining the permissible
number of stories.
A story partly below finished grade, but having at least
one-half of its height, measured from floor to ceiling, but not less
than four feet, above average finished grade. A "basement" shall be
counted as one story in determining the height of a building in stories.
A private owner-occupied dwelling in which at least one and
not more than five rooms are offered for rent for transient occupancy,
providing overnight accommodations with limited food and drink services
for not more than 10 paying, transient persons and no public restaurant
is maintained.
[Added 11-17-2008 by L.L. No. 2-2008]
A sign or structure which directs attention to an idea, product,
business activity, service or entertainment which is conducted, sold
or offered elsewhere than upon the lot on which such sign is situated.
A private dwelling in which two, but no more than three,
rooms are offered for rent, for periods of greater than one week in
duration, and in which table board is furnished only to renters, and
in which no other transients are accommodated. A "rooming house" or
any dwelling for which rooms for rent are advertised (such as, but
not limited to, "furnished room for rent") shall be deemed to be a
boardinghouse.
[Amended 11-17-2008 by L.L. No. 2-2008]
Any structure which is permanently affixed to the land, has
one or more floors and a roof and is intended for shelter, housing
or enclosure of persons, animals or chattel.
See "accessory building."
A building surrounded by open space on the same lot.
A group of two or more principal buildings and any buildings
accessory thereto occupying a lot in one ownership and having any
yard in common.
The line, established by statute, local law or ordinance,
beyond which a building shall not extend, as specifically provided
by law.
A building in which is conducted the principal use of the
lot on which it is located.
A building in which is conducted the main or principal use
of the lot on which said building is situated.
A building attached by a party wall to another building normally
of the same type on another lot, but having one side yard.
A solar energy system that integrates photovoltaic modules
and components into the building structure, such as the roof, facade
or windows, and which does not alter the relief of the roof.
[Added 10-22-2018 by L.L.
No. 4-2018]
A term used to describe the size, volume, area and shape
of buildings and structures and the physical relationship of their
exterior walls or their location to lot lines, other buildings and
structures or other walls of the same building; and all open spaces
required in connection with a building, other structure or tract of
land.
Any parcel of land on which are located two or more cabins,
tents, shelters or other accommodations of a design or character suitable
for seasonal or other more or less temporary living purposes, including
summer colony, resort and day camp, but not including a trailer park,
boardinghouse, hotel or motel.
Any space in a building, the structural ceiling level of
which is less than four feet above average finished grade where such
grade meets the exterior walls of the building. A cellar shall not
be counted in determining the permissible number of stories.
An organization catering exclusively to members and their
guests, or premises and buildings for recreational or athletic purposes
which are not conducted primarily for gain, provided that there are
not conducted any vending stands, merchandising or commercial activities
except as required generally for the membership and purposes of such
club.
The person authorized and empowered by the governing body
to administer the requirements of this chapter.
[Added 10-22-2018 by L.L.
No. 4-2018]
The use of the same telecommunications tower or supporting
structure to carry two or more antennas for the provision of wireless
services by two or more persons or entities.
[Added 1-21-2018 by L.L.
No. 3-2018]
A telecommunications tower and wireless communications facilities
that are operated primarily for a business purpose or purposes.
[Added 1-21-2018 by L.L.
No. 3-2018]
A vehicle of more than one-ton capacity used for the transportation
of persons or goods primarily for gain or a vehicle of any capacity
carrying a permanently affixed sign exceeding one square foot in area
or lettering of a commercial nature.
A sign owned and maintained by the Town Board or by a group
of businessmen as approved by the Town Board and which sign contains
several directional signs for the purpose of directing persons to
businesses and community establishments within the community.
The Town of Hurley Comprehensive Plan, prepared pursuant
to § 272-a of the New York State Town Law and adopted by
the Town Board in 2006, including any amendment thereto hereafter
adopted.
[Added 10-22-2018 by L.L.
No. 4-2018]
Any space, whether inside or outside a building, used for
the storage or keeping of construction equipment, machinery or vehicles
or parts thereof which are in active use by a construction contractor.
Any parcel of land on which are located two or more cottages,
cabins or other accommodations of a design or character suitable for
seasonal or other temporary living purposes, including a summer colony
or resort, but not including a mobile park, boardinghouse, hotel or
motel.
That lot area or percentage of lot area covered by buildings
or structures, including accessory buildings and structures.
A nonresidential facility that is utilized for the purposes
of a program to care for children for more than three hours per day
per child, and specifically any "child day-care center" as further
defined in Section 413.2(g) of the Regulations of the New York State
Department of Social Services (Title 18, Codes, Rules and Regulations
of the State of New York); and any "school-age child-care program"
as defined in Section 413.2(k) of the Regulations of the New York
State Department of Social Services.
[Added 11-17-2008 by L.L. No. 2-2008]
The utilization of a lot or tract of land for two or more
uses.
In the following list each district shall be deemed to be
more restricted than the districts which follow it: A-4, A-2.5, R-1,
R-2, H, NC, B-1, B-2 and I-1.
[Amended 4-8-1999 by L.L. No. 1-1999]
An open lot or part thereof with appurtenant facilities devoted
primarily to the showing of moving pictures, on a paid-admission basis,
to patrons seated in automobiles or on outdoor seats.
A lot or land used primarily for the disposal by abandonment,
burial, burning or any other means and for whatever purpose of garbage,
sewage, trash, refuse, junk, discarded machinery, vehicles or parts
thereof or waste material of any kind.
A building designed or used principally as the living quarters
for one or more families. The terms "dwelling," "one-family dwelling"
and "two-family dwelling" shall not be deemed to include motel, hotel,
rooming house or other accommodations used for more or less transient
occupancy. (See "residence.")
A one-family dwelling unit in a building containing at least
two such units in which each unit may be located over, under or to
the side of another unit and in which each dwelling has at least one
access to the outside, either directly or via a common hallway. The
term "apartment dwelling" includes "apartment" and "flat."
[Added 11-17-2008 by L.L. No. 2-2008]
A lot developed with two or more two-family, three-family
or multifamily structures.
[Added 11-17-2008 by L.L. No. 2-2008]
An apartment house, apartments or dwelling units which are
individually owned, each owner receiving a deed enabling him or her
to sell, mortgage or exchange his or her apartment independent of
the owners of other apartments in the building or buildings.
A row of attached or semidetached one-family dwellings or
two-family dwellings containing a total of three or more dwelling
units or a building in such a row.
A structure containing four or more than four dwelling units,
including attached townhouse dwellings.
[Added 11-17-2008 by L.L. No. 2-2008]
A building containing one dwelling unit only.
A two-story dwelling that is one of a planned complex of
such, usually contiguous, dwellings that share a common wall.
A structure containing two or three dwelling units designed
for occupancy for two or three families, including attached townhouse
dwellings.
[Amended 11-17-2008 by L.L. No. 2-2008]
A building or portion thereof providing complete housekeeping
facilities for one family.
Consists of one person; or two or more persons related by
blood, marriage or adoption; or not more than five persons not necessarily
related by blood, marriage or adoption, and, in addition, any domestic
servants or gratuitous guests, who live together in a single dwelling
unit and maintain a common household.
A one- or two-family residence that is utilized for the purposes
of a program to care for children for more than three hours per day
per child, for three to six children, and as further defined in Section
413.2(i) of the Regulations of the New York State Department of Social
Services.
[Added 11-17-2008 by L.L. No. 2-2008]
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, as further defined in Article 25-AA, § 301,
Subdivision 11, of New York State 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 11-17-2008 by L.L. No. 2-2008]
The elevation at which the finished surface of the surrounding
lot intersects the walls or supports of a building or other structure.
If the line of intersection is not reasonably horizontal, the finished
grade, in computing height of building and other structures for other
purposes, shall be the average elevation of all finished grade elevations
around the periphery of the building, except that this average shall
not exceed one-half of the floor to ceiling height.[1]
The floor area within the inside perimeter of the exterior
walls of the building under consideration, exclusive of vent shafts
and courts, without deduction for corridors, stairways, closets, the
thickness of interior walls, columns and other features. The floor
area of a building, or portion thereof, not provided with surrounding
exterior walls shall be the usable area under the horizontal projection
of the roof or floor above. The gross floor area shall not include
shafts with no openings or interior courts.
[Added 11-17-2008 by L.L. No. 2-2008]
[Added 11-17-2008 by L.L. No. 2-2008]
|
The actual occupied area not including unoccupied accessory
areas such as corridors, stairways, toilet rooms, mechanical rooms
and closets.
|
|
and as further defined in Section 413.2(j) of the Regulations
of the New York State Department of Social Services.
|
An area of land, including structures thereon, or any building
or part thereof that is used primarily for the sale and direct delivery
to the motor vehicle of gasoline or any other motor vehicle fuel or
oil and other lubricating substances, including any sale of motor
vehicle accessories, and which may or may not include facilities for
lubricating, washing (which does not require mechanical equipment)
or otherwise servicing motor vehicles, but not including auto body
work, welding or painting.
That area of a lot, expressed as a percentage, which is to
be kept in a vegetative or landscaped state, including gardens, ponds,
floodways, wetlands, streams, shrub beds, lawns, woods or fields,
in order to enhance the lot visually and environmentally.
[Added 11-17-2008 by L.L. No. 2-2008]
A solar energy system that is anchored to the ground and
attached to a pole or other mounting system, detached from any other
structure.
[Added 10-22-2018 by L.L.
No. 4-2018]
A single-site residence that provides group living for adults,
three meals a day, twenty-four-hour-per-day supervision/staff and
activities geared toward maintaining or improving functioning.
[Added 10-22-2018 by L.L.
No. 4-2018]
A space in a building for living, sleeping, eating, cooking,
or used as a home occupation. Bathrooms, toilet rooms, closets, halls,
storage or utility spaces and similar areas are not considered habitable
spaces.
[Added 11-17-2008 by L.L. No. 2-2008]
When referring to a tower or structure, the distance measured
from the preexisting grade level to the highest point on the tower
or structure, even if said highest point is an antenna.
[Added 1-21-2018 by L.L.
No. 3-2018]
The vertical distance measured from the average finished
grade along the wall of the building (or adjacent to the side of the
structure) to the highest point of such building or structure.
Any electric line operating at voltage in excess of 69 kilovolts.
A building containing beds for four or more patients and
used for the diagnosis, treatment or other care of ailments and shall
be deemed to be limited to places for the diagnosis, treatment or
other care of ailments.
A building or any part thereof which contains living and
sleeping accommodations for transient occupancy, which has a common
exterior entrance or entrances and which may contain one or more dining
rooms.
An area of land, with or without buildings, used for or occupied
by the storage, keeping or abandonment of junk, including scrap metals
or other scrap, used or salvaged building materials or the dismantling,
demolition or abandonment of automobiles or other vehicles or machinery
or parts thereof. The deposit on a lot of two or more old or secondhand
motor vehicles no longer intended or in condition for legal use on
the public highways shall be deemed to make the lot a junkyard.
Any place at which there are kept three or more dogs more
than four months of age or any place at which three or more dogs are
kept for the primary purpose of sale or for the boarding, care and
breeding thereof for which a fee is charged or paid.
[Amended 11-17-2008 by L.L. No. 2-2008]
A defined portion or parcel of land considered as a unit
devoted to a specific use or occupied by a building or a group of
buildings that are united by a common interest, use or ownership and
the customary accessories and open spaces belonging to the same.
A lot situated at the junction of an adjacent to two or more
intersecting streets when the interior angle of intersection does
not exceed 135°.
See "coverage."
The mean distance from the front street line of a lot to
its rear line.
A lot line which is coincident with a street line.
The lines bounding a lot as defined herein.
A lot which faces on two streets at opposite ends of the
lot and which is not a corner lot.
The horizontal distance between the side lot lines, measured
at right angles to the lot depth at a point midway between the front
and rear lot lines; or the width of a lot measured along the rear
line of the required front yard.
An establishment engaged in furnishing medical, dental and
other health services to persons by licensed professionals on a generally
out-patient basis.
[Added 8-23-2004 by L.L. No. 1-2004]
A portable, factory-made dwelling unit, built on its own
chassis, designed to be transported on its own wheels or those of
another vehicle and intended, when connected to all required utility
systems, to be suitable for year-round occupancy. The term "mobile
home" shall not be construed to include a modular home or a recreational
vehicle.
[Amended 9-21-1991 by L.L. No. 1-1991]
Any parcel or parcels of land under single or common ownership
and management, on which two or more mobile homes are placed and occupied,
or intended to be occupied, as residences.
[Added 4-8-1999 by L.L. No. 1-1999]
A building or group of buildings containing individual living
and sleeping accommodations for hire, each of which is provided with
a separate exterior entrance and a parking space and is offered for
rental and use principally by motor vehicle travelers. The term "motel"
includes, but is not limited to, every type of similar establishment
known variously as an "auto court," "motor hotel," "motor court,"
"motor inn," "motor lodge," "tourist court," "tourist cabins" or "roadside
hotel."
A billing arrangement that allows a solar energy system user
to receive credit for excess electricity generated and deliver such
excess electricity to the utility grid.
[Added 10-22-2018 by L.L.
No. 4-2018]
That part of a building, other structure or tract of land
which does not conform to one or more of the applicable bulk regulations
of this chapter, either following its effective date or as a result
of subsequent amendments thereto.
Any use of a building, other structure or tract of land which
does not conform to the use regulations for the district in which
such use is located, either at the effective date of this chapter
or as a result of subsequent amendments thereto.
The following zoning districts are designated as "nonresidential
districts" or "nonresidential zones," in that nonresidential uses
are encouraged, and, in some instances, residential uses are either
restricted or prohibited: H, NC, B-1, B-2, I-1.
[Added 11-17-2008 by L.L. No. 2-2008]
An establishment licensed by the New York State Department
of Education providing or designed to provide daytime care or instruction
by an individual, association, corporation, institution or agency,
whether or not for compensation or reward, for two or more children
from the age of two to five years, inclusive, away from their homes
for more than 2 1/2, but fewer than 10, hours per day. A "day
nursery" or "kindergarten" shall be deemed as a "nursery school."
The term "nursery school" shall not include "day-care center," "family
day-care home" or "group family day-care home."
[Amended 11-17-2008 by L.L. No. 2-2008]
A building with less than 15 sleeping rooms where persons
are housed or lodged and furnished with meals and nursing care for
hire.
An individual or group of individuals who legally possess
an ownership interest in properly, including real property such as
a parcel of land or structure thereon. The term "owner" applies to
natural persons and artificial entities including corporations, limited-liability
companies, partnerships, associations, trustees, properly managers,
receivers or guardians of estates, mortgagees, lien holders, or other
business entities.
[Added 5-28-2019 by L.L.
No. 1-2019; amended 9-13-2021 by L.L. No. 2-2021]
A qualifying property that contains a one-family or two-family
dwelling which is the principal residence and domicile of an owner
who is a natural person and not an artificial entity and who resides
in said dwelling on a year-round basis. A parcel immediately adjoining
the qualifying owner-occupied parcel shall be considered owner-occupied
if the adjoining parcel and the qualifying parcel are owned by the
same person or entity and the Building Department determines that
the owner of the qualifying property is able to monitor STR activity
on the adjoining parcel.
[Added 5-28-2019 by L.L.
No. 1-2019; amended 9-13-2021 by L.L. No. 2-2021]
Solar systems that use solar to convert sunlight into electricity.
[Added 10-22-2018 by L.L.
No. 4-2018]
A temporary, nonpermanent device which announces, directs
or advertises any political, educational, charitable, philanthropic,
civic, professional, religious or similar organization, campaign,
show, drive, movement or event.
A lot together with all the buildings and uses thereon.
A person who possesses skills and knowledge related to the
construction and operation of solar energy systems, equipment and
installations and has received safety training on the hazards involved.
Persons who are on the list of eligible solar installers maintained
by the New York Energy Research and Development Authority (NYSERDA),
or are certified as a solar installer by the North American Board
of Certified Energy Practitioners (NABCEP), shall be deemed to be
qualified solar installers for the purpose of this definition. Persons
who are not on NYSERDA's list of eligible installers or NABCEP's list
of certified installers may be deemed to be qualified solar energy
installers if the Town Code Enforcement Officer, or such other Town
officer or employee as the Town Board designates, determines such
persons have had adequate training to determine the degree and extent
of the hazard and the personal protective equipment and job planning
necessary to safely perform the installation. Such training shall
include the proper use of special precautionary techniques and personal
protective equipment, as well as the skills and techniques necessary
to distinguish exposed energized parts from other parts of electrical
equipment and to determine the nominal voltage of exposed live parts.
[Added 10-22-2018 by L.L.
No. 4-2018]
A micro- or macro-cell designed to extend personal wireless
service to areas which are not able to receive adequate coverage directly
from a base station, using the same channels as the base station.
[Added 1-21-2018 by L.L.
No. 3-2018]
A building or any part of a building which contains living
and sleeping accommodations for permanent occupancy. Residences, therefore,
include all one-family, boarding-, fraternity and sorority houses.
However, residences shall not include the following:
The following zoning districts are designated as "residential
districts" or "residential zones": A-4, A-2.5, R-1 and R-2.
[Added 11-17-2008 by L.L. No. 2-2008]
Any establishment where horses are kept for riding, driving
or stabling for compensation.
A strip of land acquired by reservation, dedication, purchase,
prescription or condemnation used or intended to be used to afford
legal access to abutting property. (See also "street.")
[Amended 4-8-1999 by L.L. No. 1-1999]
A light structure with a roof, either attached to the ground
or movable, intended for the sale of local produce to the general
public.
A solar panel system located on the roof of any legally permitted
building or structure for the purpose of producing electricity for
on-site or off-site consumption.
[Added 10-22-2018 by L.L.
No. 4-2018]
The distance in feet from the street line to the principal
building on a lot.
A one-family or two-family, owner-occupied dwelling or portion
thereof, which is rented in whole or part, to any person or entity
for a period of less than 30 consecutive days, and which is not regulated
as a commercial or nonresidential use under this Zoning chapter. For
the purposes of this definition, a "rental" means an agreement granting
use or possession of real property, in whole or in part, to a person
or group of persons in exchange for consideration, including, but
not limited to, money, goods, services, credits, or other items of
value.
[Added 5-28-2019 by L.L.
No. 1-2019; amended 9-13-2021 by L.L. No. 2-2021]
Any structure or part thereof or any device attached to a
structure or painted or represented on a structure which shall display
or include any lettering, wording, model, drawing, picture, banner,
flag, insignia, device, marking or representation used as or which
is in the nature of an announcement, direction or advertisement. A
sign includes a billboard, neon tube, fluorescent tube or other artificial
light or string of lights outlining or hung upon any part of a building
or lot for the purposes mentioned above, but does not include the
flag or insignia of any nation or of any governmental agency or of
any political, educational, charitable, philanthropic, civic, professional,
religious or similar organization, campaign, drive, movement or event
which is temporary in nature.
A sign which directs attention to a business, commodity,
service or entertainment conducted, sold or offered elsewhere than
on the premises and only incidentally on the premises if at all.
The area within the shortest lines that can be drawn around
the outside perimeter of a sign, including all decorations and lights,
but excluding the supports if they are not used for advertising purposes.
All faces of the sign shall be counted in computing the area. Any
neon tube, string of lights or similar device shall be deemed to have
minimum dimensions of one foot.
A sign which directs attention to a business or profession
conducted on the premises. A "for sale" sign or a "to let" sign relating
to the property on which it is displayed shall be deemed a business
sign.
A sign which incorporates any artificial lighting as an inherent
part or feature or which depends for its illumination on transparent
or translucent material or electricity or radioactive or gaseous material
or substance.
An illuminated sign on which the artificial lighting is not
maintained stationary or constant in intensity and color at all times
while in use.
A sign designed to give forth any artificial light or designed
to reflect such light derived from any source which is intended to
cause such light or reflection.
A sign illuminated with an artificial light which is separated
from or is not an intrinsic part of the sign itself.
Any three-dimensional sign which is built so as to physically
represent the object advertised.
Possession of land under single or unified control, whether
by sole, joint, common or other ownership or by a lease having a term
of not less than 30 years, regardless of any division of such land
into parcels for the purpose of financing.
A plan of a lot or subdivision on which is shown topography,
location of all buildings, structures, roads, parking areas, rights-of-way,
boundaries, all essential dimensions and bearings and any other information
deemed necessary by the Planning Board.
[Added 10-22-2018 by L.L.
No. 4-2018]
A review and approval process, conducted by the Planning
Board, whereby site plans are reviewed utilizing criteria stated in
this chapter.
[Added 10-22-2018 by L.L.
No. 4-2018]
A solar energy system that does not produce more than 12
kilowatts (kw) of energy or a solar thermal system, either of which
serves only the building(s) or structure(s) on the lot upon which
the system is located.
[Added 10-22-2018 by L.L.
No. 4-2018; amended 5-16-2023 by L.L. No. 1-2023]
Space open to the sun and clear of overhangs or shade so
as to permit the use of a solar energy system.
[Added 10-22-2018 by L.L.
No. 4-2018]
A solar photovoltaic cell, module, panel or array or water
collector device, which relies upon solar radiation as an energy source
for the generation of electricity or transfer of stored heat.
[Added 10-22-2018 by L.L.
No. 4-2018]
Solar collectors, module controls, energy-storage devices,
heat pumps, heat exchangers and other materials, hardware and equipment
necessary to the process by which solar radiation is collected, converted
into another form of energy, stored, protected from unnecessary dissipation,
and distributed, including the solar access necessary for the system
to operate as designed and any areas of land that are disturbed or
cleared to maintain that solar access, and any accessory or appurtenant
structures. Solar energy systems may include solar panel, solar thermal,
building-integrated photovoltaic and concentrated solar energy systems.
For the purpose of this chapter, a solar energy system does not include
a solar energy system of four square feet or less.
[Added 10-22-2018 by L.L.
No. 4-2018]
A device for the direct conversion of solar energy into electricity.
[Added 10-22-2018 by L.L.
No. 4-2018]
A solar energy system that directly heats water or other
liquid using sunlight for such purposes as space heating and cooling,
domestic hot water and pool water.
[Added 10-22-2018 by L.L.
No. 4-2018]
That part of a building comprised between the floor and the
floor or roof next above it. (See "attic," "basement" and "cellar.")
That portion of a building situated above a full story and
having at least two opposite exterior walls meeting a sloping roof
at a level not higher above the floor than a distance equal to one-half
the floor-to-ceiling height of the story below.
An existing public way or private way which affords principal
means of access to abutting properties and is suitably improved; or
a proposed way shown on a plat approved by the Town Planning Board
and/or recorded in the office of the County Clerk.
The boundary line between a lot and the land or right-of-way
of a street. In the circumstance where a lot boundary follows the
center line of the street or where a lot includes all of the land
upon which a street right-of-way or easement traverses, the "street
line" of the lot shall be deemed, for the purposes of this chapter,
to be coincident with the outermost bounds of the right-of-way or
easement of the street.
[Added 11-17-2008 by L.L. No. 2-2008]
The width of the right-of-way or the distance between property
lines on opposite sides of a street.
A static construction of building materials, including buildings,
stadiums, sheds, display stands, storage bins, signs, reviewing stands,
gasoline pumps, mobile dwellings (whether mobile or stationary at
the time) and the like.
A structure on which one or more antennas will be located,
including lattice structures or framework and freestanding self-supported
vertical poles (commonly known as "monopoles"); that is intended for
transmitting and/or receiving radio, television, telephone, wireless
or microwave communications for an FCC-licensed carrier; but excluding
those used exclusively for fire, police and other dispatch communications,
or exclusively for private radio and television reception and private
citizens' bands amateur radio and other similar private, residential
communications.
[Added 1-21-2018 by L.L.
No. 3-2018]
A vehicular portable structure designed as a temporary dwelling
for travel, recreational and vacation use.
This term is employed in referring to:
A solar energy system that produces energy primarily for
the purpose of off-site sale and consumption.
[Added 10-22-2018 by L.L.
No. 4-2018]
Any area of land on which are located two or more cabins
or cottages or a hotel or group of buildings containing living and
sleeping accommodations hired out for compensation, which have a public
lobby serving the guests and may contain one or more dining rooms
and recreation facilities of a design and character suitable for seasonal
or more or less temporary living purposes, regardless of whether such
structures or other accommodations actually are occupied seasonally
or otherwise.
An authorization by the Zoning Board of Appeals for the use
of land in a manner which is not allowed by the dimensional or physical
requirements of this chapter.
[Added 4-8-1999 by L.L. No. 1-1999]
An authorization by the Zoning Board of Appeals for the use
of land for a purpose which is otherwise not allowed or is prohibited
by this chapter.
[Added 4-8-1999 by L.L. No. 1-1999]
A thoroughfare, however designated, permanently established
for passage of persons or vehicles.
Any site containing equipment used in connection with the
commercial operation of wireless communications services, as defined
herein, and as the term "personal wireless services facility" is defined
in the Communications Act of 1934, as amended by the Telecommunications
Act of 1996, 47 U.S.C. § 332(c)(7)(C), or as hereafter amended,
to transmit and/or receive frequencies, including, but not limited
to, antennas, monopoles, equipment, appurtenances and structures.
[Added 1-21-2018 by L.L.
No. 3-2018]
The provision of personal wireless communications services,
including, but not limited to, those more commonly referred to as
"cellular telephone service," regulated by the Federal Communications
Commission in accordance with the Communications Act of 1934, as amended
by the Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7)(C),
or as hereafter amended.
[Added 1-21-2018 by L.L.
No. 3-2018]
A yard extending along the full length of the front lot line
between the side lot lines.
A yard extending along the full length of the rear lot line
between the side lot lines.
That portion of the open area of a lot extending open and
unobstructed from the ground upward, along a lot line for a depth
or width as specified by the bulk regulations of the district in which
the lot is located. No part of such yard shall be included as part
of a yard or other open space similarly required for buildings on
another lot.
A yard situated between the building and the side line of
a lot and extending from the front yard rear line (or from the front
lot line, if there is no required front yard) to the rear yard front
line (or rear lot line).
[1]
Editor’s Note: The former definition of "floor area,"
which immediately followed this definition, was repealed 11-17-2008
by L.L. No. 2-2008; see now the definitions of "floor area, gross,"
and "floor area, net."
