For the purpose of this chapter, certain words
and terms used herein shall be defined as follows:
A.
Word usage.
(1)
All words used in the present tense include the future
tense.
(2)
All words in the plural number include the singular
number and all words in the singular number include the plural number,
except as to the number of permitted structures, unless the natural
construction of the wording indicates otherwise.
(3)
The word "person" includes an association, partnership
or corporation.
(4)
Unless otherwise specified, all distances shall be
measured horizontally.
(5)
The word "building" includes the word "structure."
(6)
"Lot" includes the words "plot," "parcel" or "tract."
(7)
The word "premises" includes a lot and all buildings
or structures thereon.
(8)
To "erect," "to construct" and "to build" a building
or structure each have the same meaning and also include "to excavate"
for a building and "to relocate" a building by moving it from one
location to another.
(9)
"Used" shall be deemed also to include "designated,
intended or arranged to be used or occupied."
(10)
"Shall" is mandatory and not discretionary; "may"
is permissive.
B.
BOARD OF APPEALS
CODE ENFORCEMENT OFFICER
COUNTY PLANNING BOARD
DEPARTMENT OF HEALTH
PLANNING BOARD
TOWN BOARD
Administrative agencies defined.
The Zoning Board of Appeals of the Town of Marilla.[1]
The official designated by the Town Board of the Town of
Marilla to enforce the provisions of this chapter.
The Planning Board of the County of Erie.
The Erie County Department of Health and any other health
board or department established pursuant to the laws of the State
of New York and having authority for regulation of matters pertaining
to the public health of the Town.
The Planning Board of the Town of Marilla.[2]
The Town Board of the Town of Marilla.
As used in this chapter, the following terms
shall have the meanings indicated:
The term applied to a building or use which is customarily
incidental and subordinate to and serves a principal building or principal
use; is subordinate in area, extent or purpose to the principal building
or principal use served; contributes to the comfort, convenience or
necessity of occupants of the principal building or principal use;
and is located on the same zoning lot as the principal building or
principal use.
[Amended 5-11-2000 by L.L. No. 1-2000]
The use of land for agricultural purposes, including farming,
dairying, pasturage, truck farms or nurseries, agriculture, horticulture,
viticulture, apiaries and 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.
Any area of land designed for private noncommercial use of
airborne craft, including hangars, taxiways and landing strips.
As applied to a building or structure, the change or rearrangement
in the supporting members of a building or structure such as bearing
walls, columns, beams or girders or in the exit facilities; an enlargement
of a building or structure, whether by extending on a side or by increasing
in height; the moving from one location or position to another; any
alteration whereby a structure is adapted to another or different
use.
A building arranged, intended or designed to be occupied
by three or more families living independently of each other, but
having common hallways and entrances.
Two or more apartment buildings located on a lot.
Land in the floodplain subject to a one-percent-or-greater
chance of flooding in any given year.
The flood having a one-percent chance of being equaled or
exceeded in any one given year.
Living quarters within a principal building for the temporary
use of guests, which said living quarters shall not be a dwelling
and which are not rented or otherwise leased as a separate dwelling
unit. In order to qualify as a bed-and-breakfast establishment, the
following criteria must be met:
The living quarters to be utilized by the guests
shall be in the principal building and shall not be in any accessory
structure.
The principal building in which the bed-and-breakfast
establishment is located shall be occupied by the owners thereof as
their principal residence.
The use of such establishment by guests shall
be temporary only.
The serving of meals to the guests shall be
limited to breakfast only.
One off-street parking space shall be provided
for each room used by guests.
A dwelling other than a hotel or motel where more than two
persons are housed or lodged for hire with or without meals.
[Amended 2-14-2002 by L.L. No. 2-2002]
Strips of land area covered with grass, vegetation, trees,
fencing, embankments or berms designed to separate or screen one zoning
district or use from another zoning district or use or from a highway.
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of persons, animals,
property or business activity.
The aggregate of the areas of all enclosed and roofed spaces
of the principal building and all accessory buildings. Such areas
shall be computed by using outside building dimensions measured on
a horizontal plane at ground level.
The vertical dimension measured from the average elevation
of the finished grade level at the front of the building to the highest
point of the structure.
A line formed by the intersection of a horizontal plane at
average grade level and a vertical plane that coincides with the exterior
surface of the building on any side. In case of a cantilevered section
of a building or a projected roof or porch, the vertical plane will
coincide with the most projected surface, excluding steps and overhanging
eaves less than two feet in width. All yard and setback requirements
are measured to the building lines.
A building in which is conducted the main or principal use
of the lot on which said building is situated.
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 manufactured homes
designed for year-round occupancy or as a place of residence.
An official finding signifying that a parcel of land, building
or structure is being used in a lawful manner with respect to the
provisions of this chapter.
An organization catering exclusively to members and their
guests, including 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.
A development of residential lots, each containing less area
than the minimum lot area required for the zone within which such
development occurs while maintaining the density limitation imposed
by said minimum lot area through the provision of open space as part
of the site development plan.
The use of a property for golf courses, batting cages, driving
ranges and other similar uses where typically a fee is charged to
use the facilities.
[Added 2-14-2002 by L.L. No. 2-2002]
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 designed or used for one or more families. The
term dwelling shall not be deemed to include a motel, hotel, boardinghouse
or travel trailer.[1]
A residential building designed for or occupied by three
or more families living independently of each other with the number
of families in residence not exceeding the number of dwelling units
provided.
A series of multiple-family dwellings, designed and built
as an integrated development with a common architectural style.
A detached residential dwelling unit other than a manufactured
home designed for and occupied exclusively by one or more persons
living as a single nonprofit housekeeping unit.
A detached residential building, containing two dwelling
units, designed for occupancy and used exclusively by two families
living independently of each other.
A building or portion thereof providing housekeeping facilities
for a single family.
A residential structure which has not less than 50% of its
exterior envelope covered by earth in order to moderate temperature
extremes and to serve as a passive means of lowering the dependence
of the residence on artificial climate control derived from fossil
fuel energy. The term shall include underground houses, earth contact
homes, terratectural designs and geobuilt homes.
The erection, construction, alteration or maintenance by
public utilities or any governmental department or commission of underground
or overhead gas, electrical, telecommunications or water transmission
and/or distribution systems, including poles, wires, drains, sewers,
pipes, conduits, cables, towers, fire alarm boxes, police call boxes,
traffic signals, hydrants and other similar equipment and accessories
in connection therewith, reasonably necessary for the furnishing of
adequate service by such public utilities or municipal or other governmental
agencies or for the public health, safety or general welfare. This
definition expressly excludes power generator facilities or sites
for the disposal of waste materials associated with the provision
of such services.
The process of the removal of no more than 750 cubic yards
or 1,000 tons per year of sand, gravel, soil (including topsoil) or
other natural deposits by stripping, digging or other means, when
such sand, gravel, topsoil and/or other natural deposits are transported
off the lot on which they are stripped, dug or otherwise removed.
A parcel of land used for the purpose of extracting stone,
sand, gravel or topsoil for sale as an industrial or commercial operation.
One or more persons, related by birth, marriage or other
domestic bond, occupying a dwelling unit and living as a single nonprofit
housekeeping unit. In order to distinguish a family from a fraternity
club or boardinghouse, not more than two members of the household
shall be other than blood relatives, adopted or foster children.
The land used in agricultural production, farm buildings,
equipment and farm dwelling. A farm excludes riding academies, livery
or boarding stables and kennels. Farm activities may be permitted
on parcels of land of less than 10 acres; however, the raising of
fur-bearing animals, swine and poultry on smaller parcels of land
in residential districts may only be permitted with a special permit.[2]
Any building used for the housing of agricultural equipment,
produce, livestock or poultry or for the incidental or customary processing
of farm products, and provided that such building is located on, operated
in conjunction with and necessary to the operation of the farm as
defined by this article. The term "farm building" shall not include
"farm dwelling."
A dwelling located on a farm and occupied by a family engaged
in agricultural activities.
A structure of wood, masonry, wire mesh or other material
which prohibits or inhibits unrestricted travel or view between properties
or portions of properties or between the street or public right-of-way
and a property.
The level where the finished grade of the ground intersects
the foundation walls. Height measurements shall be based from the
finished grade level.
[3]The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazard and the risk
premium zones applicable to the Town.
The official report in which the Federal Insurance Administration
has provided flood profiles, as well as the Flood Hazard Boundary
- Floodway Map and the water surface elevation of the base flood
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 of the
base flood.
The sum of the gross horizontal areas of the 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.
The horizontal area of any floor of a building designed and
intended for living purposes, which includes working, sleeping, eating,
cooking or recreation or combination thereof. A floor used only for
storage purposes is not a "habitable floor." 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.
An accessory building which provides for the storage of motor
vehicles or household items by the occupants on the lot upon which
it is erected, with no provision for repairing or servicing such vehicles
for profit.
Any garage other than a private garage operated for gain,
available to the public, which is used for the storage, repair, servicing
or rental of motor vehicles.
Any occupation customarily conducted entirely within a dwelling
or a building accessory to the dwelling by the inhabitants thereof,
which is clearly incidental and secondary to the use of the dwelling
for dwelling purposes and does not change the character thereof. A
home occupation shall not be interpreted to include the following:
commercial stables and kennels, restaurants, musical and dancing instruction
to groups exceeding four pupils, convalescent homes, mortuary establishments,
garages or shops for the repair of motor vehicles, retail businesses
and trades and service establishments.
The office of a member of a licensed profession when conducted
within a dwelling or a building accessory thereto. Such occupations
shall include but not be limited to those of doctors, lawyers, architects,
engineers, ministers and other licensed professionals.
A lot, land or structure or part thereof where
junk, waste, discarded or salvaged materials are bought, sold, exchanged,
sorted, baled, packed, 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 resale
or sale of used parts therefrom, 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.
Any place, licensed by the Town, for the storage
or deposit of wrecked or junked motor vehicles, where two or more
unlicensed, old or secondhand motor vehicles, whether in connection
with another business or not, no longer intended or in condition for
legal use on the public highways are held, whether for the purpose
of resale, dismantling parts therefrom for resale or reclaiming for
use, disposing of the same or for any other purpose all or some of
the materials, whether iron, steel or nonferrous scrap, glass, fabric
or otherwise.[4]
Exceptions:
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 Motor Vehicle and Traffic Law and
are offered for sale to the public may be stored on premises on which
new or used car sales may be conducted in accordance with the provisions
of these regulations.
The storage of vehicles subject to seasonal
use, such as travel trailers and snowmobiles, even though such vehicles
may be unlicensed during the part of the year they are not in use.
The storage of agricultural equipment, machinery
and vehicles in an agricultural district which are being used in farm
operation.
Any premises on which four or more dogs six months or older
are kept, bred and/or boarded. All kennels shall require a special
use permit.
[Amended 2-14-2002 by L.L. No. 2-2002]
Not less than 10 acres of land used as a single operation
in the preceding two years for the production for sale of crops, livestock
or livestock products of an average gross sales value of $10,000 or
more. Land used in agricultural production shall not include land
or portions thereof used for processing or retail merchandising of
such crops, livestock or livestock products. Land used in agricultural
production shall also include:
Rented land which otherwise satisfies the requirements
for eligibility for an agricultural assessment.
Land of not less than 10 acres used as a single
operation for the production for sale of crops, livestock or livestock
products, exclusive of woodland products, which does not independently
satisfy the gross sales value requirement, which such land was used
in such production for the preceding two years and currently is being
so used under a written rental arrangement of five or more years in
conjunction with land which qualifies for an agricultural assessment.
Land used in support of a farm operation or
land used in agricultural production, constituting a portion of a
parcel, as identified on the assessment roll, which also contains
land qualified for an agricultural assessment.
Farm woodland which is part of land which is
qualified for an agricultural assessment; provided, however, that
such farm woodland attributable to any separately described and assessed
parcel shall not exceed 50 acres.
Land set aside through participation in a federal
conservation program pursuant to Title One of the Federal Food Security
Act of 1985 or any subsequent federal programs established for the
purposes of replenishing highly erodible land which has been depleted
by continuous tilling or reducing national surpluses of agricultural
commodities.
Space logically and conveniently located for public pickups
and deliveries, scaled to delivery vehicles expected to be used and
accessible to such vehicles. Required off-street loading space is
not to be included as off-street parking space in the computation
of required off-street parking area.
A parcel of land considered as a unit, devoted to a certain
use and occupied or capable of being occupied by a building or group
of buildings that are united by common interest or use and the customary
accessory uses and open spaces belonging to same.
The square footage or acreage contained within the boundaries
of a lot. Any portion of a lot included in a public road, street or
highway right-of-way shall not be included in calculating lot area.
A parcel of land at the junction of and fronting on two or
more intersecting streets.
That percentage of the lot area which is devoted to building
area.
The front of a lot shall be construed to be the portion nearest
the street. For the purposes of determining yard requirements on corner
lots and through lots, all sides of a lot adjacent to streets shall
be considered front yards.
The property lines bounding the lot:
LOT LINE, FRONTThe line separating the lot from a street right-of-way.
LOT LINE, REARThe lot line opposite and most distant from the front lot line, except for corner lots wherein it shall be the lot line behind the principal structure.
LOT LINE, SIDEAny lot line other than a front or rear lot line.
A lot which is part of an approved subdivision recorded in
the office of the County Clerk or a lot described by metes and bounds,
the description of which has been so recorded.
The distance between the side lot lines measured parallel
to the street line at the front building line.
A structure, transportable in one or more sections, that
in the traveling mode is eight body feet or more in width and 40 body
feet or more in length or when erected on site is 320 or more square
feet, that is built on a permanent chassis and designed to be used
as a dwelling with or without a permanent foundation when connected
to the required utilities, and that includes the plumbing, heating,
air-conditioning and electrical systems contained therein. A "manufactured
home" is distinguished from a modular home.
[Amended 12-14-2006 by L.L. No. 2-2006]
A parcel of land within a manufactured home park reserved
for placement of a manufactured home, including accessory buildings,
for the exclusive use of its occupants.
A parcel of land under single ownership which has been planned
and approved for the placement of manufactured homes, accessory buildings
or structures and equipment.[5]
A structure, transportable in two or more sections that in
the traveling mode are 12 feet to 14 feet in width and up to 60 feet
in length or when erected on site is 1,000 or more square feet, that
is not built on a permanent chassis, but is transported to the site
on a temporary removable chassis and designed to be used as a dwelling
only with a permanent foundation, when connected to required utilities,
and that includes plumbing, heating, air-conditioning and electrical
systems contained therein. A modular home must be erected on a permanent
foundation consisting of a full basement or partial basement with
crawl space, unless basements are not permitted in the area due to
the water table.
A building or buildings containing sleeping units for transient
guests and providing accessory off-street parking facilities and which
may include restaurant facilities and a dwelling unit for a bona fide
caretaker or operator. The term "motel" includes hotels, auto courts,
tourist courts, motor lodges and similar terms. Each sleeping unit
shall contain not less than 240 square feet of living space.
Any building, structure or land used to disperse, sell or
offer automotive fuels, oils or accessories, including lubrication,
washing, polishing or cleaning and 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.
Any lawful building or structure existing at the date of
enactment of this chapter which in its design or location upon a lot
does not conform to the regulations of this chapter for the district
in which it is located.
A lot of record existing at the date of the enactment of
this chapter which does not have the minimum width, depth or area
for the district in which it is located.
Any use of land, buildings or structures lawfully existing
on the date of enactment of this chapter which does not conform to
the use regulations of the district in which it is situated.
A space adequate for parking an automobile and having an
area of not less than 200 square feet per vehicle, exclusive of passageways
and driveways appurtenant thereto. Such space shall be located on
the lot it is accessory to and shall have direct access to a street
or public way.
Any man-made body of water which has a capability of more
than two feet in depth resulting from excavations, dams, dikes, etc.
A zone district regulating the use of land exclusive of any
overlay restrictions or regulations.
A building in which is conducted the main or principal use
of the lot on which said building is located.
The main or primary purpose for which a building, structure
or lot is to be used.[6]
The words "public buildings and grounds," as used in this
chapter, are intended to designate any one or more of the following
uses, including grounds and accessory buildings necessary for their
use:
Churches, places of worship, parish houses and
convents.
Public parks, playgrounds and recreational areas
when authorized or operated by a governmental authority.
Not-for-profit nursery schools, elementary schools,
secondary schools, colleges or universities having a curriculum approved
by the Board of Regents of the State of New York.
Golf courses and country clubs when occupying
not less than 50 acres, not including, however, clubs whose activities
include the maintenance, storage or takeoffs or landings of aircraft.
Public libraries and museums.
Not-for-profit fire, ambulance and public safety
buildings.
Proprietary or not-for-profit hospitals for
the care of human beings, nursing homes, convalescent homes, homes
for adults, homes for the aged or residences for adults as the same
are defined under the Public Health Law or the Social Services Law
of the State of New York, provided that they are duly licensed by
the State of New York.
Not-for-profit membership corporations established
for cultural, social or recreational purposes.
Not-for-profit day-care centers approved by
the New York State Department of Social Services.
A vehicle type unit 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:
TRAVEL TRAILERA vehicular portable unit, mounted on wheels, of such a size or weight as not to require special highway movement permits when drawn by a motorized vehicle and of a body width of no more than eight feet and a body length of no more than 32 feet when factory equipped for the road.
CAMP TRAILERA vehicular portable unit mounted on wheels and constructed with collapsible partial side walls which fold for towing by another vehicle.
TRUCK CAMPERA portable unit, designed to be loaded onto or affixed to the bed or chassis of a truck. Truck campers are of two basic types:
SLIDE-IN CAMPERA portable unit designed to be loaded onto and unloaded from the bed of a pickup truck.
CHASSIS-MOUNT CAMPERA portable unit designed to be affixed to a truck chassis.
MOTOR HOMEA vehicular unit built on a self-propelled motor vehicle chassis.
Any temporary storage space for a vehicle waiting for service
or admission. Such space shall be in addition to drives, aisles or
parking space required by this chapter. One reservoir space shall
be 20 feet long and eight feet wide.
Any establishment, however designed, at which food is sold
for consumption on the premises to patrons seated within an enclosed
building and where the taking of food and drink from said building
is incidental. However, a snack bar or refreshment stand at a public,
semipublic or community swimming pool, playground, playfield or park
operated by the agency or groups or an approved vendor operating the
recreational facilities and for the convenience of the patrons of
the facility shall not be deemed to be a restaurant.
An establishment where food, soft drinks, ice cream and similar
confections are sold for principal consumption outside the confines
of the principal building or in automobiles, regardless of whether
or not seats are provided for patrons.
The line determining the street or highway limit of public
ownership.
Retail outlets with all related structures for the sale of
farm products.
A dwelling other than a hotel on motel where more than two
persons are housed or lodged for hire with or without meals.
[Added 2-14-2002 by L.L. No. 2-2002]
The horizontal distance between the street line, rear or
side lines of the lot and the front, rear or side lines of the building.
All measurements shall be made at right angles to or radially from
the lot lines to the building lines. Setbacks from street lines to
building lines are defined as "front setbacks." Setbacks from side
lot lines are "side setbacks." Setbacks from rear lot lines are "rear
setbacks."
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 structure, part thereof or device attached thereto or
painted or represented thereon or any material or thing, illuminated
or otherwise, which displays or includes any numeral, letter, word,
model, banner, emblem, insignia, device, trademark or other representation
used as or in the nature of an announcement, advertisement, direction
or designation of any person, firm, group, organization, place, commodity,
product, service, business, profession, enterprise or industry, which
is located upon any land or on any building; provided, however, that
the following shall not be included in the application of the regulations
herein:
Signs not exceeding one square foot in an area
and bearing only property numbers, post box numbers, names of occupants
of premises or other identification of premises not having commercial
connotations.
Flags and insignia of any government, except
when displayed in connection with commercial promotion.
Legal notices, identification, informational
or directional signs erected or required by governmental bodies.
Integral decorative or architectural features
of buildings, except letters, trademarks, moving parts or moving lights.
Signs directing and guiding traffic and parking
on private property, but bearing no advertising matter.
Temporary signs announcing a campaign, drive
or event of a governmental, political, civic, philanthropic, educational
or religious nature.
Signs located within the windows or doors of
commercial enterprises, provided that such signs occupy less than
15% of the total area of such windows and/or doors.
Any sign which directs attention to a business, principal
commodity, service or entertainment conducted, sold or offered elsewhere
than upon the premises where the sign is located and only incidentally
on the premises if at all.
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.
An outdoor advertising sign, structure or symbol erected
and maintained by an individual or corporation engaged in the sale
or rental for profit of space thereon, having more than 100 square
feet of display surface and which is either erected on the ground
or attached to or supported by a building or structure.
An accessory sign which directs attention to a business,
profession or industry conducted upon the premises on which the sign
is located or to a primary product, commodity or service sold by such
business, profession or industry.
An advertising sign or device intended to direct or point
toward a place of business or one that points out the way to either
an unfamiliar or unknown place that obviously could not be easily
located without such sign or device.
A sign supported by a pole, uprights or braces placed in
or on the ground.
Any sign which has characters, letters, figures, designs
or outlines illuminated by electric lights, neon or luminescent tubing.
Any sign which is attached to a building or other structure
beyond the surface or that portion of the building or structure to
which the sign is attached and not parallel to the face of the building.
Any sign, banner or other advertising device constructed
of temporary material, with or without structural frames, intended
for a limited period of display.
A plan, to scale, showing uses and structures proposed for
a parcel of land, including lot lines, streets, existing and proposed
buildings and structures, topography, rights-of-way, parking areas,
open space and any other information deemed necessary by the Planning
Board.
A building in which any horses are kept for remuneration,
hire or sale.
That portion of a building included between the surface of
the floor and the ceiling next above it, having a vertical distance
of at least seven feet six inches along the studs forming each of
the exterior walls. Each story above the first story must have an
area equal to at least 2/3 that of the first story. The first story
is the lowest story which is 75% or more above the average level of
the ground adjacent to said building.
That portion of a building next under a gable, hip or gambrel
roof having a vertical distance between the floor and horizontal ceiling
of at least seven feet six inches, except that for habitable space
under a sloping roof, the minimum height above at least 50% of such
floor area shall be seven feet six inches, and the area where the
height is less than five feet shall not be considered in computing
required floor area.
A public or private thoroughfare which affords the principal
means of access to abutting properties.
The right-of-way line of a street; the front lot line; the
line separating a lot from a street.
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 and oil tanks, buildings, manufactured homes, fences and
billboards.
The division of any parcel of land, including
adjacent or contiguous parcels conveyed by separate deed(s) to the
applicant, into four or more lots, plots, sites or other divisions
of land for immediate or future sale or transfer of ownership or for
building development within any consecutive five-year period. For
example, a property owner could create two new lots over and above
the original lot within a five-year period without the action being
considered a subdivision. That is, three new lots over and above the
original lot within any five-year period constitutes a subdivision.
Further, any creation of lots requiring the construction of streets
or other municipal facilities shall constitute a subdivision.
Exception. This section shall not apply to the
division of a parcel of record as of the effective date of this chapter
into three or fewer lots or parcels which front along an existing
publicly owned highway or road.
The term "subdivision" also incudes a resubdivision
and, where appropriate, shall refer to the process of subdividing
the land or the land subdivided.
Any repair, reconstruction, alteration, modification of a
building, the cost of which equals or exceeds 50% of the market value
of the building either before the improvement or repair is started
or, if the building has been damaged and is being restored, before
the damage occurred. The Code Enforcement Officer shall determine
the value of the improvements to be made based upon the square footage
of building area added or improved. For the purposes of this definition,
substantial improvement is considered to occur when the first alteration
of any wall, ceiling, floor or other structural part of the building
commences, whether or not that alteration affects the external dimensions
of the building. The term does not, however, include either any project
for improvement of a building to comply with existing state or local
health, sanitary or safety code specifications which are solely necessary
to assure safe living conditions or any alteration of a building listed
on the National Register of Historic Places or a State Inventory of
Historic Places.
Any body of water or receptacle for water which has a capability
of a depth of more than two feet at any point, used or intended to
be used for swimming, bathing or wading and installed or constructed
above or below the ground.
An activity conducted for a specific limited period of time
which may not otherwise be permitted by the provisions of this chapter.
Examples of such uses are structures incidental to new construction
which shall be removed after the completion of the construction work.
A use that would not be appropriate generally or without
restriction throughout the zoning district but which, if controlled
as to number, area, location or relation to the neighborhood, would
promote the public health, safety, order, comfort, convenience, appearance,
prosperity or general welfare. Such uses may be permitted in a zoning
district as a special permit use only if specific provision for such
special permit use is made in this chapter.
A variance is a relaxation of the terms of this chapter where
such variance will not be contrary to the public interest and where,
owing to conditions peculiar to the property and not the result of
the actions of the applicant, a literal enforcement of this chapter
would result in unnecessary and undue hardship.
An alternate energy device which converts wind energy by
means of a rotor to mechanical or electrical energy. A wind generator
may also be deemed a "windmill."
A required open space unoccupied and unobstructed by any
structure or portion of a structure, except as may be provided by
this chapter, and situated between the principal building or group
of buildings and the nearest lot line.
A yard extending between the side lot lines across the front
of a lot adjoining a street, situated between the street line and
the front building line.
A yard extending between the side lot lines situated between
the rear line of the building and the rear lot line. In the case of
through lots, there will be no rear yards but only front and side
yards.
A yard extending between the side building line and the nearest
side lot line, situated between the front and rear yards.
[3]
Editor's Note: The former definitions of "flag lot," added
8-11-2005 by L.L. No. 2-2005, "flag lot diagram," added 7-12-2012
by L.L. No. 4-2012, and "flag lot driveway," added 7-12-2012 by L.L.
No. 4-2012, and which immediately followed this definition, were repealed
5-12-2020 by L.L. No. 1-2020.
[6]
Editor's Note: The former definition of "private driveway,"
added 8-11-2005 by L.L. No. 2-2005, which immediately followed this
definition, was repealed 12-14-2006 by L.L. No. 2-2006.
