Except where specifically defined herein all
words used in this chapter shall carry their customary meanings. Words
used in the present tense include the future, and the plural includes
the singular; the word "lot" includes the words "plot" or "parcel";
the word "building" includes the word "structure"; the word "shall"
is always mandatory; the word "may" is permissive; the word "used"
shall be considered as though followed by the words "intended for,"
"arranged for," or "designed to be used or occupied."
As used in this chapter, the following terms
shall have the meanings indicated:
ACCESSORY USE
A term applied to a use, building or other structure customary
to the principal use but incidental to, subordinate to, and located
on the same lot as the principal use.
ALTERATION
As applied to a building, any change or rearrangement in
the nonstructural parts, or an enlargement of said building or structure.
ALTERATION (STRUCTURAL)
As applied to a building, any change in its supporting members,
such as bearing walls, column, beams or girders.
APARTMENT HOUSE
A building arranged, intended or designed to be occupied
by three or more families living and cooking independently of each
other.
AREA, BUILDING
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings
exclusive of uncovered porches, terraces and steps.
AREA, NET SITE
The total area within the property lines excluding external
streets.
ATTIC
That space within a building which is immediately below and
wholly or partly enclosed by the roof framing. An attic with a finished
floor shall be counted as 1/2 story in determining the permissible
number of stories.
BASEMENT
A story partly underground by having at lease 1/2 of its
height above the average level of the adjoining ground. A basement
shall be counted as a story for the purposes of height measurement
if the vertical distance between the ceiling and the average level
of the adjoining ground is more than four feet or if used for business
or dwelling purposes.
BOARDINGHOUSE
Any dwelling in which at least two rooms, but not more than
six rooms, are offered for rent, and table board is furnished only
to roomers. A rooming house or a furnished rooming house shall be
deemed a boardinghouse.
BUILDING
Any structure other than a boundary wall or fence.
BUILDING, FRONT LINE OF
The line of that face of the building nearest the front line
of the lot. This face includes covered porches, whether enclosed or
unenclosed, but does not include steps.
BUILDING HEIGHT
The vertical distance, measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof for flat roofs, to the deck line of mansard
roofs, and to the mean height between eaves and ridges for gable,
hip and gambrel roofs.
BUILDING, PRINCIPAL
A building in which is conducted the main or principal use
of the lot on which said building is situated.
BUILDING, SEMIDETACHED
A building attached by a party wall to another building of
the same type on an adjacent lot, but having one side yard.
CAMPSITE
An area of land privately or publicly owned, used primarily
for transient travelers, providing off-street parking and recreational
facilities.
CELLAR
A story partly underground and having more than 1/2 of its
clear height below the average level of the adjoining ground. A cellar
shall not be considered in determining the permissible number of stories.
CLUB, MEMBERSHIP
An organization catering exclusively to members and their
guest, or premises and buildings for recreational or athletic purposes,
which are not conducted primarily for gain, provided that there are
not conducted any merchandising or commercial activities except as
required generally for the membership and purposes of such club.
COURT
An unoccupied open space, other than a yard, on the same
lot with a building, which is bounded on two or more sides by the
walls of such building.
COURT, INNER
A court enclosed on all sides by exterior walls of a building,
or by exterior walls and lot lines on which walls are allowable.
COURT, OUTER
A court enclosed on not more than three sides by exterior
walls and lot lines on which walls are allowable, with one side or
end open to a street, driveway, alley or yard.
COVERAGE
That percentage of the plot or lot area covered by the building
area.
CURB LEVEL
The officially established grade of the curb in front of
the midpoint of the lot.
DAY CAMPS
An area of land with or without buildings designed for formal
and informal recreation or education for children and young adults.
DOG KENNEL
A structure used for the harboring of more than three dogs
that are more than six months old.
DUMP
A lot or land, or part thereof, used primarily for the disposal
by abandonment, dumping, 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.
DWELLING
A building designed or used as the living quarters for one
or more families. The terms "dwelling group" shall not be deemed to
include automobile court, rooming house or tourist home.
DWELLING, MULTIPLE
A building used or designed as a residence for three or more
families living independently of each other and doing their own cooking
therein, including apartment houses, apartment hotels, flats and group
houses.
DWELLING, ROW OR GROUP
A building consisting of a series of noncommunication one-family
sections having a common wall between each two adjacent sections.
DWELLING, TWO-FAMILY
A building designed for or occupied exclusively by two families
living independently of each other.
DWELLING UNIT
A dwelling or portion thereof providing complete living facilities
for one family.
FAMILY
One or more persons occupying the premises and living as
a single housekeeping unit, as distinguished from a group occupying
a boardinghouse, lodging house, club, fraternity or hotel.
FLOOR AREA
The sum of the gross horizontal areas of the several floors
of a building or buildings. Measurements shall be taken from the outer
face of exterior walls or from the center line of walls separating
two buildings.
A.
More specifically, the "floor area" shall include:
(1)
Basement and cellar space.
(2)
Floor space for mechanical equipment with structural
headroom of seven feet six inches or more;
(3)
Elevator shafts and stairwells at each floor;
(5)
Interior balconies and mezzanines;
B.
However, the "floor area" of a building shall
not include:
(1)
Accessory off-street parking or unloading spaces;
(2)
Uncovered steps, exterior fire escapes;
(3)
Terraces, stairways, open porches, outside balconies;
and
(4)
Accessory outside water tanks and cooling towers.
FUEL STORAGE TERMINAL
A storage and distribution facility or terminal for fuel,
including, but not limited to, liquefied petroleum gas, supplied by
pipeline, marine vessel, vehicle or other modes of transportation,
which has the capacity to receive and store a bulk transfer of fuel
(more than 10,000 gallons). The fuel storage terminal may include
loading racks or other equipment through which fuel cargo and freight
is transferred for further distribution, docking or storage areas
for vessels and vehicles, areas for the repair of vessels or trucks
associated with the facility, and any customary use incident to a
fuel storage terminal.
[Added 1-26-2023 by L.L.
No. 1-2023]
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 nor space therein for more than one car is rented to
a nonresident of the premises.
GARAGE, PUBLIC
Any garage other than a private garage, available to the
public, operated for gain and which is used for storage, repair, rental,
greasing, washing, servicing, adjusting or equipping of automobiles
or other motor vehicles.
GARDEN-TYPE APARTMENTS
A building of not more than two stories designed as a residence
for three or more families living independently of each other and
doing their own cooking therein; a building not to exceed 10 family
units.
GASOLINE STATION
Any area of land, including structures thereon, that is used
for the sale of gasoline or any other motor vehicle fuel and oil and
other lubrication substances, including any sale of motor vehicle
accessories, and which may or may not include facilities for lubricating,
washing or otherwise servicing motor vehicles.
GRADE, ESTABLISHED
The elevation of the center line of the streets as officially
established by the town authorities.
GRADE, FINISHED
The completed surfaces of lawns, walks and roads brought
to grades as shown on the official plans or designs relating thereto.
HOME OCCUPATION
An occupation for gain or support conducted only by members
of a family residing on the premises except that one person outside
the family may be employed, and conducted entirely within the dwelling,
provided that no article or service is sold or offered for sale except
such as may be produced by said residents.
HOTEL
A building containing more than six rooms which are rented
or hired out to be occupied for sleeping purposes by guests and where
a general kitchen and dining room are provided within the building
or in an accessory building.
HOUSE TRAILER
Any portable or mobile vehicle used or designed to be used
for living purposes.
JUNKYARD
A lot or structure, or part thereof, used primarily for the
collecting, storage and sale of wastepaper, rags, scrap metal or discarded
material; or for the collecting, dismantling, storage and salvaging
of machinery or vehicles not in running condition and for the sale
of parts thereof.
LAUNDERETTE
A business premises equipped with individual clothes washing
machines for the use of retail customers, exclusive of laundry facilities
provided as an accessory use in an apartment house or an apartment
hotel.
LINE, STREET
The dividing line between the street and the lot.
LOADING SPACE
The area required for parking delivery trucks, which in this
chapter is held to be an area 12 feet wide by 40 feet long and 14
feet in height.
LODGING HOUSE
A building in which at least and not more than six rooms are rented and in which no
table board is furnished.
LOT, CORNER
A parcel of land at the junction of and fronting on two or
more intersecting streets.
LOT, DEPTH OF
A mean horizontal distance between the front and rear lot
lines, measured in the general direction of its side lot lines.
LOT LINES
Any line dividing one from another.
LOT, THROUGH
An interior lot having frontage on two approximately parallel
streets.
LOT, WIDTH OF
The mean width measured at right angles to its depth.
MOTEL
A building or group of buildings, whether detached or in
connected units, used as individual sleeping or dwelling units designed
primarily for transient automobile travelers and providing for accessory
off-street parking facilities. The term "motel" includes buildings
designated as tourist courts, auto courts, motor lodges, and by similar
appellations.
MOTOR VEHICLE REPAIR SHOP
A building, or portion of a building, arranged, intended
or designed to be used for making repairs to motor vehicles.
NONCONFORMING USE
Use of a building or land that does not conform to the regulations
as to use for the district in which it is situated.
NURSERY SCHOOL
A school designed to provide daytime care or instruction
for two or more children from two to five years of age inclusive,
and operated on a regular basis.
NURSING OR CONVALESCENT HOME
Any dwelling with less than 15 sleeping rooms where persons
are housed or lodged and furnished with meals and nursing care for
hire.
OPEN SPACE
An unoccupied space open to the sky on the same lot with
the building.
PARKING SPACE
The area required for parking an automobile, which in this
chapter is held to be an area 10 feet wide and 20 feet long, not including
passageways.
PLANNED DISTRICT
Districts noted as Planned Commercial, Residential and Industrial
are special types of districts developed to meet community needs and
subject to municipal review through the Planning Board/Zoning Board
of Appeals.
[Amended 2-25-2020 by L.L. No. 1-2020]
PROFESSIONAL OFFICE
A room, wing or detached building housing the following practices:
medicine, dentistry, law, architecture, engineering, real estate.
PUBLIC TRANSPORTATION BUILDING
Buildings utilized for the movement of people and a limited
amount of goods, but not to include storage and repair or maintenance
of transport vehicles.
RESIDENTIAL HOTEL
A dwelling occupied by permanent guests only and not by transients.
It may include restaurants, newsstands or other accessory services
primarily for serving its occupants and only incidentally the public.
ROADSIDE STAND
A covered or uncovered structure kept in a neat and orderly
manner for the sale of farm or home produce actually grown or made
on the premises of the resident and set at the roadside of the resident's
property.
ROW HOUSE
A building consisting of a series of attached dwelling units
having common party walls between units.
SEASONAL COTTAGE
A detached building designed for and occupied by one or two
families.
SIGN
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 letter, word, model or device which represents
or is in the nature of an announcement, direction or advertisement.
A "sign" does not include the flag or insignia of any nation, group
of nations, state, city or other political unit, or of any political,
educational, charitable, philanthropic, civic, professional, religious
or similar campaign, drive movement or event. However, a "sign" as
defined herein shall not include a similar structure or device located
within a building.
A.
BUSINESS SIGN- A sign which directs attention to a business or profession conducted or to products sold upon the same lot. A "For Sale" or "To Let" sign relating to the lot on which it is displayed shall be deemed a "business sign."
B.
ADVERTISING SIGN- A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the same lot.
D.
BILLBOARD SIGN- One on which illustrated posters, or painted-on equivalents, are displayed.
E.
ILLUMINATED SIGN- Any sign designed to give forth or reflect any artificial light, such light deriving from any source which is intended to cause such light or reflection.
F.
FLASHING SIGN- Any illuminated sign on which the artificial light is not maintained stationary and constant in intensity and color at all times when in use.
STORY
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
be no floor above it, then the space between any floor and the ceiling
next above it.
STORY, HALF
A story under a gable, hip or gambrel roof, the wall plates
of which on at least two opposite exterior walls are not more than
two feet above the floor of such story.
STREET
A public way that affords the principal means of access to
abutting properties.
STREET GRADE
The officially established grade of the street upon which
a lot fronts. If there is no officially established grade, the existing
grade of the street shall be taken as the street grade.
STRUCTURE
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground.
STRUCTURE, UNSAFE
Any structure which because of disrepair, destruction, total
or partial, by natural elements or by fire constitutes a public hazard
by reason of the possibility of collapse, broken glass, falling objects
or other nuisances.
TEMPORARY COMMERCIAL BUILDINGS
A.
Temporary buildings for commercial establishments,
during urban renewal operations.
B.
Seasonal facilities (racing, convention and
special function summer activities).
THEATER, MOVING-PICTURE
A building or part of a building devoted to the showing of
moving pictures on a paid admission basis.
TOURIST HOME
A dwelling in which overnight accommodations are provided
or offered for transient guests for compensation.
TRAILER PARK
A land area occupied or designed for occupancy by two or
more trailers or camp cars in use for permanent living purposes and/or
transient occupancy.
TRANSFER STATION
A site where recyclables, solid waste, and refuse are collected
and sorted in preparation for processing, transfer or landfill.
[Added 7-23-2020 by L.L. No. 9-2020]
TRANSPORTATION TERMINAL
A railway terminal, freight station, container terminal or
yard, multipurpose cargo terminal, port, transfer station, or any
similar receiving point.
[Added 7-23-2020 by L.L. No. 9-2020]
TRUCKING TERMINAL
An area or building where trucks or trailers are parked,
stored or used to load and unload cargo and freight (not to include
fuels such as liquefied petroleum gas, natural gas, oil, coal, gasoline
or diesel). The trucking terminal facility may include areas where
cargo and freight are broken down or aggregated into smaller or larger
loads for transfer to other vehicles or modes of transportation, parking
or storage areas for trucks or trailers, areas for the repair of trucks
associated with the facility, and any customary use incident to a
trucking terminal.
[Added 1-26-2023 by L.L.
No. 1-2023]
USE
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
YARD, FRONT
A yard extending fully along the front lot line between the
side lot lines.
YARD, REAR
A yard extending fully along the rear lot line between the
side lot lines.
YARD, REQUIRED
A space open to sky adjacent to a building and extending
along a lot line for a depth or width as specified by the regulations
of the district in which the lot is located. No part of any yard on
one lot shall be considered as part of a yard similarly required for
a building on another lot.
YARD, SIDE
A yard extending fully along the side lot line between the
front and rear lot lines.