As used in this chapter, the following terms
shall have the meanings indicated:
ABANDONMENT
A land or building use shall be deemed abandoned where it
has been discontinued and there is no clear indication from the property
itself that it is to be resumed. Mere lack of occupancy or vacancy
shall not, without more evidence, be established as "abandonment."
ACCESSORY STRUCTURE
A detached, subordinate structure, located on the same lot
as the principal structure or use, the use of which is incidental
to the principal structure or the use of the land.
ACCESSORY USE
A use customarily incidental and subordinate to the principal
use or structure and located on the same lot as such principal use
or structure.
ADDITION
As applied to a building or structure, any construction which
increases the area or the height of any portion of the building or
structure. Terms such as "extension," "expansion" or "enlargement"
have the same meanings as "addition."
AIRPORT
Any area of land which is used or intended to be used primarily
for the taking off and landing of aircraft, and any accessory areas
which are used or intended to be used for airport buildings or facilities,
including open spaces, taxiways and tie-down areas, hangars, storage
and service areas and other accessory buildings.
ALTERATION
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 the
moving from one location or position to another. Terms such as "modification,"
"improvement" or "remodel" have the same meanings as "alteration."
APARTMENT
A room or suite of rooms which is occupied or which is intended
or designed to be occupied by one family group for living and sleeping
purposes.
APARTMENT BUILDING
A residential building designed or used for three or more
dwelling units. The term "multiple dwelling unit" has the same meaning.
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, LAND
When referring to the required area per dwelling unit, net
land area; the area exclusive of any streets and alleys.
AUTOMOBILE AND/OR TRAILER SALES AREA
An open area, other than a street or way, used for the display
or sale of new or used automobiles or trailers and where minor and
incidental repair work (other than body and fender) may be done.
AUTOMOBILE REPAIR GARAGE
A building used for the maintenance, service or repair of
motor vehicles, including operations not permitted at a gasoline station.
AUTOMOBILE WRECKING
The dismantling or wrecking of used automobiles or trailers
or the storage, sale or dumping of dismantled, partially dismantled,
obsolete or wrecked vehicles or their parts.
BASEMENT
A story partly underground but having at least 1/2 of its
height above the average level of the adjoining ground.
BED-AND-BREAKFAST
A home occupation occurring in a private residence, owner
occupied, in which rooms are rented for overnight lodging accommodations
and a breakfast meal served for no more than nine transient, paying
guests.
BILLBOARD
Any sign attached to the land or attached to any building
which does not advertise the business conducted on the premises to
which such sign is attached.
BOARDINGHOUSE
A building or portion thereof, other than a hotel or motel,
containing not more than one dwelling unit, where meals and lodging
are provided for three or more persons in addition to the family unit.
BOATHOUSE
A building which is used for the housing, storage, maintenance
or repair of one or more boats.
BUFFER ZONE
A space identified as a separation between two adjoining
areas to provide typically a visually aesthetic and environmentally
acceptable boundary.
BUILDING
A structure having a roof, for the housing or enclosure of
persons, animals or chattels.
BUILDING, ACCESSORY
A subordinate building or a portion of the main building
on a lot, the use of which is customarily incidental to that of the
main or principal building.
BUILDING LINE
The line which establishes the minimum depth of front yard
for the particular district as measured from the street line.
BUILDING, PRINCIPAL
A building in which is conducted the main or principal use
of the lot on which said building is situated.
BUSINESS
Any occupation, employment or enterprise whereon merchandise
is exhibited or sold or which occupies time, attention, labor and
materials or where services are offered for compensation.
CAMP, DAY
An area of land provided with sanitary facilities and other
necessary improvements, used or intended to be used by organized groups
for outdoor recreation, education or cultural activities on a seasonal
basis, but not to include overnight accommodations or overnight camping
as a normal activity.
CAMPGROUND
An area of land provided with sanitary facilities and other
necessary improvements, used or intended to be used for the temporary
accommodation of individuals or families or other groups staying one
or more nights in tents or recreational vehicles on a seasonal basis.
CAMP, OVERNIGHT
An area of land provided with sanitary facilities and other
improvements for temporary residence, used or intended to be used
by organized groups for outdoor recreation, education or cultural
activities on a seasonal basis.
CAR WASH
An establishment for the washing of motor vehicles as a principal
use.
CELLAR
A portion of the building having 1/2 or more of its height
below the average level of the adjoining ground.
CEMETERY
Land used or intended to be used for the burial of the dead
and dedicated for cemetery purposes, including columbariums, crematories
and mausoleums, and within the boundary of such cemetery.
CHURCH
Includes any or all of the following: church, cathedral,
temple, synagogue, manse, rectory, convent, parish school or similar
buildings incidental to the particular use; school or religious education;
convents and other buildings for the housing of students, teachers,
communicants and domestic or maintenance employees; but does not include
business offices (except administrative offices incidental to the
operation of the particular use), rescue missions or the occasional
use for religious purposes of properties not regularly so used.
CLINIC
An establishment used by physicians, surgeons, dentists,
physiotherapists, psychiatrists or practitioners in related specialities
where patients who are not lodged overnight are admitted for examination
and treatment.
CLUBHOUSE
A building housing a club or social organization.
CLUSTER DEVELOPMENT
A planned residential tract, subdivision or area where individual
lots and/or buildings are arranged in clusters or groups of five or
more with open areas between such lot or building groups, which areas
are either publicly or privately owned and maintained in a park-like
appearance.
COMMUNITY OPEN SPACE
A park or other recreation area owned in common by residents
or lots in the vicinity and restricted by deed or covenant to such
use.
CONFORMING USE
Any lawful use of a building or a lot which complies with
the provisions of this chapter.
CONSERVATION CLUB
A club organized and operated for the principal purpose of
land, wildlife and natural resources conservation.
CONVENIENCE STORE
A small establishment designed and intended to serve the
daily or frequent shopping or service needs of the immediate surrounding
population. Filling stations and repair garages are specifically excluded
from this definition.
COTTAGES
Individual buildings, usually containing one rental unit
equipped for housekeeping. They may have separate living room and
bedrooms; occasionally, they have more than one rental unit per building
as in duplex cottages. Parking is usually located at each unit.
COVERAGE
That percentage of the plot or lot area covered by the building.
DAY-CARE CENTER/NURSERY
Any private agency, institution, establishment or place which
provides supplemental parental care and/or educational work, other
than lodging overnight, for six or more unrelated children, for compensation.
[Amended 2-18-2015 by L.L. No. 1-2015]
DISTRICT
As established herein, the areas in which specific zoning
uses and regulations apply.
DOG KENNEL
A structure or group of structures used for the harboring
of more than three dogs that are more than six months old.
DRIVE-IN USE
Any use customarily providing service to or selling at retail
to a person occupying an automobile.
DWELLING
A building or portion thereof designed for and used primarily
for human occupancy and having the floor area required in this chapter
and having complete housekeeping facilities, but not including autocourts,
hospitals, hotels, boardinghouses, motels, residential clubs, rooming
houses and the like, and meeting the requirements of the Town Building
Code. (Note: Unless a mobile home complies with the Town Building
Code, it cannot be a "dwelling.")
DWELLING GROUP
A group of two or more one-family, two-family or multiple
dwellings occupying a lot in one ownership and having any yard in
common.
DWELLING UNIT
One or more living or sleeping rooms with cooking and sanitary
facilities for one person or one family.
EDUCATIONAL INSTITUTION
A college or university giving general academic instruction.
Included within this term are areas or structures used for administration,
housing of students or faculty, dining halls and social or athletic
activities, when located on part of the institution's land that is
not detached from that portion of the campus where classroom facilities
are maintained by more than streets and/or other property owned by
the institution.
ERECT
To build, form, construct, compose, fabricate, frame, assemble,
place, locate or cause any action of a nature similar to these.
FACTORY MANUFACTURED HOME
A structure designed primarily for residential occupancy,
constructed by a method or system of construction whereby the structure
or its components are wholly or in substantial part manufactured in
manufacturing facilities for assembly and permanent installation on
a building site.
FAMILY
Either an individual or two or more persons related by blood
or marriage or adoption, together with not more than three other persons
(not counting servants), or a group of not more than five persons
(not counting servants) not related by blood, marriage or adoption
living as a household in a dwelling unit.
FARM
Any parcel of land containing at least 10 acres, which parcel
is used primarily for gain in the raising or keeping of agricultural
products, livestock, poultry or dairy products. It includes necessary
farm structures within the prescribed limits and the storage of equipment
used. Additionally, it includes farms raising or keeping not more
than twenty equines. It excludes fur farms, dog kennels and industrialized
poultry farms.
[Amended 2-21-2007 by L.L. No. 2-2007]
FARM ANIMAL
Any animal raised for or intended to be raised for meat or
dairy products, or any animal used on a farm for farm purposes.
FARM BUILDING
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."
FARM POND
Any body of water, natural or man-made, located on a farm
for the purpose of crop irrigation, stock watering or fire protection.
A "farm pond" shall be considered a structure.
FENCE
An artificially constructed barrier of wood, masonry, stone,
wire, metal or any other manufactured material or combination of materials
erected for the enclosure of yard areas.
FLOOR AREA OF A BUILDING
The sum of the gross horizontal area of the several floors,
including basement, of a building and its accessory buildings on the
same lot, and including the area of roofed porches and roofed terraces.
All dimensions shall be measured between the exterior faces of the
walls.
FLOOR AREA RATIO
The floor area of a building divided by the area of the occupied
lot.
FLORIST
A business of selling cut flowers, growing flowers or plants,
potteries, stands or holders containing plants or flowers.
FUR FARM
The keeping or raising of more than 10 fur bearing mammals,
the main purpose of which is to extract the hides of such animals
or to sell such animals on the basis of the value of such hides.
GARAGE
A building or part of a building used for the parking of
one or more operative motor vehicles.
GARDEN APARTMENT
A building or group of buildings designed within an open
lawn setting, designed to accommodate more than two dwelling units
within a single structure and which is designed so that the group
of dwelling units utilizes such common facilities as pedestrian walks,
parking and garage areas, open space, recreation areas and utility
and service facilities.
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 lubricating substances, including any sale of motor vehicle
accessories, and which may or may not include facilities for lubrication,
washing or otherwise servicing motor vehicles, but not including the
painting thereof by any means, body and fender work or the dismantling
or replacing of engines.
GRADE, STREET
The officially established grade of the street upon which
the lot fronts. If there is no officially established grade, the existing
grade of the street at the midpoint of the lot shall be taken as the
street grade.
GREENBELT
A strip of land of stated width, lying adjacent to and running
parallel with the lot line, which strip shall not be paved or made
accessible to automobiles, except for specifically permitted driveways,
and in which no use other than vegetation and uses specifically stated
by this chapter are permitted. Unless otherwise indicated, the "greenbelt"
shall follow the entire perimeter of the lot.
HEIGHT OF A BUILDING
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 the flat roofs, to the deckline of mansard
roofs and to the mean height between eaves and ridge for gable, hip
or gambrel roofs.
HOME OCCUPATION
An occupation, profession, service/ lodging, which is customarily
carried on in a dwelling unit or in an attached, closed building and
is carried on by a member or members of the family residing in the
dwelling unit, is clearly incidental and secondary to the use of the
dwelling unit for residential purposes and which conforms to all of
the regulations and conditions listed in the chapter.
HOSPITAL
A building or a group of buildings constituting an institution
providing health services, primarily for inpatients, and medical or
surgical care of the sick or injured, including as an integral part
of the institution, such related facilities as laboratories, outpatient
departments, training facilities, central service facilities and staff
offices. Unless otherwise specified, includes sanitarium, sanitorium,
preventorium and any place for the diagnosis, treatment or other care
of human ailments.
HOTEL
A building designed for occupancy primarily as the temporary
abiding place of individuals who are lodged with or without meals,
in which building:
A.
There are more than 12 sleeping rooms.
B.
Incidental business may be conducted.
C.
There may be club rooms, ballrooms and common
dining facilities.
D.
Such hotel services as maid, telephone and postal
services are provided.
INDUSTRY
Any activity involving the manufacturing or treatment of
any commodity, including the assembly, packaging, canning, bottling
or processing of any item. To change any commodity in composition,
form, size, shape, texture or appearance is deemed to be an industrial
process.
INSTITUTIONAL HOME
A building used for the full-time home of three or more babies,
children or aged persons, except correctional institutions or hospitals,
but including nursing homes.
JUNKYARD
A lot, land or structure or part thereof over 200 square
feet in area, 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, except
as an accessory to a principal manufacturing use on the lot.
LABOR CAMP
A building or group of buildings providing residence for
farm labor employed on the farm on which property the labor camp is
situated.
LOADING SPACE
An off-street space or berth, served by a driveway intended
for the standing of a commercial vehicle while being loaded or unloaded,
which space is not less than 10 feet in width and will accommodate
a truck or truck trailer not less than 35 feet in length and which
provides not less than 15 feet of clear height for such vehicles.
LOT, CORNER
A lot situated at and abutting the intersection of two streets,
having an interior angle of intersection not greater than 135°.
LOT DEPTH
The distance between the front and rear lot lines measured
along the median between the two side lot lines as determined by the
Zoning Administrator.
LOT OF RECORD
Any lot which has been established as such by plat, survey,
record or deed in the records of the Niagara County Clerk prior to
the date of adoption of this chapter.
LOT, RESIDENTIAL
A lot on which the principal use of such lot is a dwelling
occupied by a family.
LOT WIDTH
The distance between the side lot lines measured along the
front building line as determined by the prescribed front yard requirement.
MAJOR EXCAVATING, GRADING, STRIPPING OR FILLING
Any operation other than in connection with a foundation
for a structure or approved improvements in a subdivision, involving:
A.
The removal of topsoil, except in conjunction
with street construction, utility installation or building operations;
excavating of sand, gravel or rock; the washing, screening, grading,
crushing of rock or gravel; and filling with clean materials;
B.
A material alteration of the ground surface
so as to affect streets and recreation sites and other public facilities
or physically affect private property within 1,000 feet of the intended
operation;
C.
A volume of earth movement exceeding an average
of one cubic foot per 10 square feet of affected surface area or 500
cubic yards, whichever is the lesser; or
D.
A change in ground elevation exceeding five
feet.
MANUFACTURER and/or MANUFACTURING
Processing and/or converting of raw, unfinished or finished
materials, or products of any or either of them, into an article or
articles or substance of different character or for use for a different
purpose; industries furnishing labor in the case of manufacturing
or the refinishing of manufactured articles.
MARINA
A place located on or immediately adjacent to a body of water
where boats and other watercraft are kept, moored or stored, and may
include facilities for servicing, repairing, renting or selling watercraft
and accessories.
MOBILE HOME
A portable unit designed and built to be towed on its own
chassis, comprised of frame and wheels, connected to utilities and
designed without a permanent foundation for year-round living. A unit
may contain parts that be folded, collapsed or telescoped when being
towed and expanded later to provide additional cubic capacity, as
well as two or more separately towable components designed to be joined
into one integral unit capable of being again separated into the components
for repeated towing. Mobile homes can be designed to be used for residential,
commercial, educational or industrial purposes, excluding, however,
travel trailers, motorized homes, pickup coaches and camping trailers.
A mobile home should not be confused with a travel trailer, which
is towed by an automobile, can be operated independently of utility
connections, is limited in width to eight feet and in length to 32
feet and is designed to be used principally as a temporary vacation
dwelling.
[Amended 6-21-2023 by L.L. No. 1-2023]
MOBILE HOME PARK
A lot on which two or more mobile homes are permitted to
be located for occupancy.
MOTEL (MOTOR LODGE)
A building or group of buildings, whether detached or in
connected units, used as individual sleeping or dwelling units 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.
MOTOR FREIGHT TERMINAL
Any premises used by a motor freight company regulated by
the Public Utility Commission of New York and/or the Interstate Commerce
Commission as a carrier of goods, which is the origin and/or destination
point of goods being transported, for the purpose of storing, transferring,
loading and unloading such goods.
NONCONFORMING BUILDING
A building which in its design or location upon a lot does
not conform to the regulations of this chapter for the zone in which
it is located.
NONCONFORMING LOT
A lot of record existing at the date of adoption of this
chapter which does not have the minimum width or contain the minimum
area for the district in which it is located.
NONCONFORMING SIGN
A sign, lawfully existing on the effective date of this chapter
or subsequent amendment hereto, which does not conform to the sign
regulations applicable in the district in which it is located.
NONCONFORMING STRUCTURE
A structure or portion thereof, other than a sign, lawfully
existing on the effective date of this chapter or subsequent amendment
thereto, which was erected or altered for a use that does not conform
to the use regulations applicable in the district in which it is located.
NONCONFORMING USE
A use of a structure or land, lawfully existing on the effective
date of this chapter or subsequent amendment hereto, which does not
conform to the use regulations applicable in the district in which
it is located.
NURSERY
Premises, whether or not enclosed, used for the retail sale
of nursery stock and materials and, incidental thereto, the retail
sale of gardening implements, packaged fertilizer, packaged soil conditioners
and additives, pesticides and other materials and supplies customarily
used in the cultivation and maintenance of a home garden or landscape.
NURSING HOME
An institutional home in which medical care and supervision
by nurses or medical practitioners licensed by the State of New York
is provided.
OCCUPANCY
The utilization of a building or land.
OFFICE
A business facility in which business administration, business
service and business transactions occur, but in which there is no
display or sale of on-premises merchandise.
OPEN SPACE
Those areas in any district to be free of any use or structure
as determined by yard or setback requirements in that district, unless
otherwise specified in this chapter.
PARK
A piece of ground maintained in its natural state as a public
property for ornamental and recreational use by the citizenry.
PARKING LOT
An open lot or plot of ground used for the standing or parking
of motor vehicles.
PARKING SPACE
A space in a parking garage or parking area, not less than
nine feet wide and 18 feet long, exclusive of passageways and driveways,
giving access thereto and having direct access to a street or alley.
PERMANENT
Intended to remain fixed with regard to location, use or
occupancy; in contrast to temporary in which a stated or implied time
frame for ending is specified.
PERMITTED ACCESSORY USE
Any accessory use of land, buildings, structures or premises
which is a listed permitted accessory use in the zoning district in
which such accessory use is located.
PERMITTED USE
Any use of land, buildings, structures or premises which
is a listed permitted use in the zoning district in which such use
is located.
PLAT
A map, plan or layout of a section or subdivision indicating
the location and boundaries of individual properties.
PRIVATE
Owned, operated or controlled by an individual, groups, companies,
corporations and the like.
PROPERTY
A parcel of land to which all applicable zoning uses and
regulations apply as stated in this chapter.
PUBLIC
Owned, operated or controlled by a government agency (federal,
state or local), including a corporation or service district created
by law for the performance of certain specialized governmental functions,
and a public school district.
RECREATIONAL POND
Any body of water, natural or man-made, located on a lot
for the sole purpose of recreational uses. A "recreational pond" shall
be considered a structure.
RECREATIONAL VEHICLE/TRAVEL TRAILER
Vehicles or trailers for recreational or utilitarian uses
that can be driven, towed, or hauled and are primarily designed for
temporary use. This includes any vehicles used, or capable of being
used for living and sleeping, commonly known as "travel trailers,"
"camping trailers," and "truck campers."
RESTAURANT
A public eating place where all food is essentially served
and consumed at a table or counter within a completely enclosed building.
RETAIL STORE
An establishment where goods are sold directly to the consumer
for personal or household use, with or without processing on the premises
for such retail sale, but excluding the processing, repair or renovating
of furniture, bedding or fixtures.
ROADSIDE STAND
A temporary structure or vehicle located on a seasonal basis
within a required front or side yard abutting a street for the purpose
of displaying for sale or selling of farm products produced on the
premises or on other farms in the Town.
SCHOOL
Any place of instruction in any branch of knowledge.
SCHOOL, ELEMENTARY
Any school having regular sessions with regularly employed
instructors, which school teaches those subjects that are fundamental
and essential in general education and which teaches and provides
elementary education under the supervision of the State of New York
or a lawfully constituted ecclesiastical governing body or a corporation
meeting the requirements of the state.
SCHOOL, SECONDARY
The same as an elementary school, except that secondary education
is provided.
SCHOOL, VOCATIONAL
Any school having regular sessions with regularly employed
instructors which, as a principal activity, provides training in a
trade or vocation and teaches those subjects that are fundamental
and essential in elementary or secondary education under the supervision
of the State of New York or a lawfully constituted ecclesiastical
governing body or a corporation meeting the requirements of the state.
SEASONAL
A condition of being utilized or occupied for not more than
seven consecutive months out of the calendar year.
SETBACKS
A setback of a building is an open unoccupied space between
the front or side lot line and extending from such lot line to the
face of a building wall or the face of a projecting bay, porch, piers
or abutment.
SIGN
Any structure or part thereof attached thereto or painted
or represented thereon which shall display or include any letter,
word, model, banner, flag, pennant, insignia, device or representation,
but not including the flag, pennant or insignia of any nation, state,
City or other political unit or of any political, educational, charitable,
philanthropic, civic, professional, religious or like organization
on the property thereof.
SIGN, BUSINESS
A sign which directs attention to a business, profession
or industry located upon the premises where the sign is displayed,
to the type of products sold, manufactured or assembled and/or to
the service or entertainment offered on said premises, except a sign
pertaining to the preceding if such activity is only minor and incidental
to the principal use of the premises.
SIGN, IDENTIFICATION
A sign used to provide only direction information relative
to entrances, exits and traffic circulation.
SIGN, REAL ESTATE
A sign advertising the property on which it is located or
a building located thereon for sale, rent or lease, preceding such
transaction only.
SIGN, SPECIAL EVENT
A temporary sign giving notice of a special event or activity
if not more than a quarterly occurrence.
SITE PLAN
A plan of a lot, subdivision or land development proposed
on which is shown topography, location of all buildings, structures,
roads, rights-of-way, boundaries, all essential dimensions and bearings
and any other information deemed necessary by the Planning Board.
SMALL MOTOR REPAIR SHOP
A shop for the adjustment, repair or reconditioning of small
motors, such as but not limited to lawn mowers, snow blowers and chain
saws.
SPECIAL USE
A use granted by the Zoning Board of Appeals that would not
be appropriate generally or without restriction throughout the zoning
district for which it is granted, but which, if controlled as to number,
area, location or relation to the neighborhood, would promote the
public health, safety, welfare, order, comfort, convenience, appearance,
prosperity or general welfare. Such uses may be permitted in such
zoning districts as special permits only if specific provision for
such special permit is made in this Zoning Ordinance.
STABLE, COMMERCIAL
The operating of a stable for the raising or keeping of equines
in an amount that exceeds 20.
[Amended 2-21-2007 by L.L. No. 2-2007]
STABLE, LIVERY
The renting of horses for riding or the operation of a riding
academy or riding club.
STABLE, PRIVATE
The operating of a stable for the raising or keeping of equines
on a parcel of land five acres or larger in size.
[Added 2-21-2007 by L.L. No. 2-2007]
STOP, BUMPER
A barrier capable of effectively preventing any encroachment
by any part of a conventional passenger motor vehicle on or over an
area.
STOP, WHEEL
A barrier capable of effectively preventing encroachment
on an area by the operating wheels of a motor vehicle.
STORAGE BUILDING
Buildings in which the primary or intended occupancy or use
is the storage of or shelter for goods, merchandise, products, vehicles
or animals.
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
is no floor above it, then the space between any floor and the ceiling
next above it.
STREET (includes road)
Any right-of-way greater than 20 feet in width, dedicated
to public travel and serving the abutting properties as a means of
access.
STREET LINE
The right-of-way line of a street as indicated by dedication
or by deed of record or appearing on a duly adopted Official Map,
such line to be determined in the instance of any question by the
Zoning Administrator.
STREET, LOCAL
A Town street so designed as to discourage through traffic.
STREET, MAJOR
State highways and such County roads and Town streets.
STREET, SECONDARY
Any County highway not designated as a major street, and
such other Town street as is so designated by the Planning Board.
STRUCTURE
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground.
SUBDIVISION
The division of a single lot, tract or parcel of land, or
a part thereof, into two or more lots, tracts or parcels of land,
including changes in street lines or lot lines, for the purpose, whether
immediate or future, of transfer of ownership or of building development;
provided however, that division of land for agricultural purposes
into parcels of more than five acres shall not be included within
the meaning of "subdivision." The term "subdivision" shall also include
resubdivision.
SWIMMING POOL
Any body of water (excluding natural bodies of water fed
by rivers, streams or brooks) or receptacles for water having a depth
at any point greater than two feet, used or intended to be used for
swimming or bathing and constructed, installed or maintained in or
above the ground outside of any building.
TEMPORARY
Intended to be located, used or occupied for a short time
frame, whether or not stated or implied: in contrast to permanent
which has no specified ending.
TEMPORARY FENCE
An artificially constructed barrier used for limited purposes
of crowd control, snow drifting containment and protection from a
permitted construction project.
[Added 7-19-2023 by L.L. No. 2-2023]
TEMPORARY USE
An activity conducted for a specified limited period of time
which may not otherwise be permitted by the provisions of this chapter.
TENANT FARMER
Any individual or person who rents, occupies or otherwise
holds tenancy in any farm or portion thereof.
THEATER
A building or part of a building devoted to presenting entertainment
on a paid-admission basis.
TOURIST HOME
A private residence in which overnight accommodations are
provided for not more than 10 transient, paying guests.
TOWNHOUSE
One of a series of attached one-family dwelling units, each
having a common wall between adjacent sections and having direct access
to a private, individual rear and/or front yard designed as an integral
part of each one-family dwelling unit.
TRAILER, BOAT
A vehicle designed exclusively for the transportation of
one boat of less than 10 feet in beam and 24 feet in length.
TRAILER, CARGO
A vehicle not over 70 square feet in floor area, used for
the hauling of cargo.
TRANSIENT GUEST
A tenant who does not have a lease and occupies an apartment,
lodging room or other living quarters on a daily or weekly basis.
TRUCK
A motor vehicle, except trailers and semitrailers, designed
and used to carry property.
USE
The specific purpose for which land or a building is designed,
arranged or 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.
VARIANCE
A relaxation of the terms of the Zoning Ordinance 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 the chapter would result
in unnecessary and undue hardship. As used in this chapter, a "variance"
is authorized only for height, area and size of a structure or size
of yards and open spaces. Establishment or expansion of a use otherwise
prohibited shall not be allowed by variance, nor shall a variance
be granted because of the presence of nonconformities in the zoning
district or uses in an adjoining zoning district.
VEHICLE
Any self-propelled conveyance designed and used for the purpose
of transporting or moving persons, animals, freight, merchandise or
any substance and shall include passenger cars, trucks, truck-tractors,
buses, motorcycles and scooters, but shall not include tractors, construction
equipment or machinery or any device used in performing a job as stated
above.
WAREHOUSE
A building for the storage of materials, goods or merchandise
intended for sale or delivery, but where no sales take place on the
premises.
WIDTH, BUILDING
The distance between the main walls of the building at right
angles to the length and measured through the widest part of the building.
An enclosed veranda shall be considered as part of the building.
WIDTH, LOT
The average right-angle distance between the side lines of
such lot.
WIDTH, STREET
The right-angle distance between the two sides of the street.
YARD
An open space on a lot, other than a court, unoccupied and
unobstructed from the ground to the sky.
YARD, FRONT
A yard extending across the full width of the lot and abutting
the front lot line, the required depth of which yard is a prescribed
minimum distance between the front lot line and a line parallel thereto
on the lot.
YARD, REAR
A yard extending across the full width of the lot and abutting
the rear lot line, the required depth of which yard is a prescribed
minimum distance between the rear lot line and a line parallel thereto
on the lot.
YARD, SIDE
A yard extending from the front yard to the rear yard and
abutting a side lot line; the required width of which yard is a prescribed
minimum distance between the side lot line and a line parallel thereto
on the lot.