City of Derby, CT Article II Definitions and Word Usage

§ 195-7 Definitions and word usage.

A. As used in this chapter, the following terms shall have the meanings indicated:

ABANDONMENT

The relinquishment of property, or a cessation of the use of the property, by the owner with the intention neither of transferring rights to the property to another owner nor of resuming the use of the property.

ABUT

To physically touch or border upon or to share a common property line. See "adjoining lot or land" and "contiguous."

ACCESS

A way or means of approach to provide physical entrance to a property.

ACCESSORY STRUCTURE

A subordinate structure detached from but located on the same lot as the principal structure, the use of which is incidental and accessory to that of the principal structure. (See Figure 20.)

ACCESSORY USE

A use customarily incidental to the principal use of a building, lot or land, or part thereof.

ALTERATION OF BUILDING OR STRUCTURE

Any change in supporting members of a building, except such change as may be required for its safety; any enlargement to a building; or removal of a building from one location to another. Ordinary repairs shall not be deemed to constitute alterations.

AREA OF PRINCIPAL BUILDING

The horizontal area measured around the outside of the foundation walls and of the floors of roofed porches and roofed terraces inclusive.

ACRE

A measure of land area containing 43,560 square feet.

ADDITION

A structure added to the original structure at some time after the completion of the original.

ADJOINING LOT OR LAND

A lot or parcel of land which shares all or part of a common lot line with another lot or parcel of land. See "abut" and "contiguous."

ADULT BOOK STORE

A retail establishment selling publications and other material of a sexual nature.

ADVERTISING DISPLAY

See "sign."

AGRICULTURE

The production, keeping or maintenance, for sale, lease or personal use, of plants and animals useful to man, including but not limited to forages and sod crops; grains and seed crops; dairy animals and dairy products, poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats, or any mutations or hybrids thereof, including the breeding and grazing of any or all of such animals; bees and dairy products; fur animals; trees and forest products; fruits of all kinds, including grapes, nuts and berries; vegetables.

AISLE

The traveled way by which cars enter and depart parking spaces. (See Figure 2.)

ALLEY

A service way providing a secondary means of public access to abutting property and not intended for general traffic circulation.

AMUSEMENT AND RECREATION SERVICES

Establishments engaged in providing amusement or entertainment for a fee or admission charge and include such activities as dance halls; studios; theatrical producers; bands, orchestras and other musical entertainment; bowling alleys and billiard and pool establishments; commercial sports such as arenas, rings, racetracks, public golf courses and coin-operated devices; amusement parks; membership sports and recreation clubs; amusement and bathing beaches; swimming pools; riding academies; carnival operations; expositions; game parlors and horse shows.

ANIMAL HOSPITAL

A place where animals or pets are given medical or surgical treatment and the boarding of animals is limited to short-term care incidental to the hospital use.

APARTMENT UNIT

One or more rooms with private bath and kitchen facilities comprising an independent self-contained dwelling unit in a building containing more than two dwelling units.

APARTMENT UNIT, EFFICIENCY

See "dwelling unit, efficiency."

APPROVED PLAN

A plan which has been granted final approval by the appropriate approving authority.

ATTENTION-GETTING DEVICE

A device designed or intended to attract by noise, sudden intermittent or rhythmic movement, physical change or lighting change, such as banners, flags, streamers, balloons, propellers, whirligigs, searchlights and flashing lights.

ATTIC

That part of a building which is immediately below and wholly or partly within the roof framing. See "story, half."

AUTOMATIC CAR WASH

A structure containing facilities for washing automobiles using a chain conveyor or other method of moving the cars along and automatic or semiautomatic application of cleaner, brushes, rinse water and heat for drying.

AUTOMOBILE

A self-propelled free-moving vehicle, with four or more wheels, primarily for conveyance on a street or roadway.

AUTOMOBILE REPAIR

See "garage, repair."

AUTOMOBILE SALES

The use of any building, land area or other premise for the display and sale of new or used automobiles, panel trucks or vans, trailers or recreation vehicles and including any warranty repair work and other repair service conducted as an accessory use.

AUTOMOBILE SERVICE STATION

Any building, land area or other premises, or portion thereof, used or intended to be used for the retail dispensing or sales of vehicular fuels and including as an accessory use the sale and installation of lubricants, tires, batteries and similar accessories.

AUTOMOBILE WASH

Any building or premises or portions thereof used for washing automobiles.

AUTOMOBILE WRECKING YARD

See "junkyard."

AUTOMOTIVE REPAIR SERVICES AND GARAGES

Establishments primarily engaged in furnishing automotive repair, rental, leasing and parking services to the general public.

AWNING

A roof-like cover that is temporary in nature and that projects from the wall of a building for the purpose of shielding a doorway or window from the elements. (See Figure 24.)

BACK-TO-BACK LOTS

Separate land parcels which have at least half of each rear lot line coterminous.

BASE FLOOD ELEVATION

The highest elevation, expressed in feet above sea level, of the level of flood waters occurring in the regulatory base flood.

BASEMENT

A space having 1/2 or more of its floor-to-ceiling height above the average level of the adjoining ground and with a floor-to-ceiling height of not less than 6 1/2 feet. (See Figure 3.)

BED-AND-BREAKFAST

An owner-occupied dwelling unit that contains no more than three guest rooms where lodging, with or without meals, is provided for compensation.

BERM

A mound of earth, or the act of pushing earth into a mound. (See Figure 23.)

BILLBOARD

See "sign, billboard."

BLOCK

An area bounded by intersecting streets, public park, railroad right-of-way, boundary line of a trace of unsubdivided land, encroachment line of a river, boundary line of the city or by any combination of the above. (See Figure 18.)

BLOCK FRONTAGE

That portion of a block which abuts a single street.

BOARD OF APPEALS

An officially constituted body whose principal duties are to grant variances from the strict application of the Zoning Ordinance.

BOARDINGHOUSE

A dwelling or part thereof in which lodging is provided by the owner or operator to more than three boarders.

BUFFER STRIP

Land area used to visibly separate one use from another or to shield or block noise, lights or other nuisances. (See Figure 2.) (COMMENT: Buffer strips may be required to include fences or berms, as well as shrubs and trees.)

BUILDABLE AREA

The area of a lot remaining after the minimum yard and open space requirements of the Zoning Ordinance have been met. (See Figure 20.)

BUILDING

Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind or nature.

BUILDING, ACCESSORY

A subordinate structure on the same lot as the principal or main building or use occupied or devoted to a use incidental to the principal use. (See Figure 20.)

BUILDING COVERAGE

The horizontal area measured within the outside of the exterior walls of the ground floor of all principal and accessory buildings on a lot. (See Figure 20.)

BUILDING HEIGHT

The vertical distance of a building measured from the average elevation of the finished grade within 20 feet of the structure to the highest point of the roof. (See Figure 3.) (COMMENT: Building heights usually exclude penthouses containing mechanical equipment such as air-conditioning or elevator equipment and church spires, water towers, radio antennas, etc. The provision for measuring the finished lot grade within 20 feet of the structure is to prevent the deliberately building up of a portion of the site on which the building will sit in order to permit an additional story to be constructed. See "height.")

BUILDING OFFICIAL

That individual designated by the appointing authority to enforce the provisions of the Building Code.[1]

BUILDING LINE

A line parallel to the street line at a distance therefrom equal to the depth of the front yard required for the zoning district in which the lot is located. See "setback line." (See Figure 20.)

BUILDING PERMIT

Written permission issued by the proper municipal authority for the construction, repair, alteration or addition of a structure.

BUILDING, PRINCIPAL

A building in which is conducted the principal use of the lot on which it is located. (See Figure 22.)

BUSINESS SIGN

See "sign, business."

CAMPUS

The grounds and building of a public or private college, university, school or institution.

CAR WASH

See "automatic car wash" and "automobile wash."

CARRY-OUT RESTAURANT

An establishment which by design of physical facilities or by service or packaging procedures permits or encourages the purchase of prepared ready-to-eat foods intended primarily to be consumed off the premises and where the consumption of food in motor vehicles on the premises is not permitted or not encouraged.

CELLAR

A space with less than 1/2 of its floor-to-ceiling height above the average finished grade of the adjoining ground or with floor-to-ceiling height of less than 6 1/2 feet. (See Figure 3.)

CERTIFICATE OF COMPLIANCE

A document issued by the proper authority that the plans for a proposed use meets all applicable codes and regulations.

CERTIFICATE OF OCCUPANCY (CO)

A document issued by the proper authority allowing the occupancy or use of a building and certifying that the structure or use has been constructed or will be used in compliance with all the applicable municipal codes and ordinances.

CHAIN STORE

Retail outlets with the same name, selling similar types of merchandise, operating under a common merchandising policy and usually owned or franchised by a single corporate entity.

CHANGE OF USE

Any use which substantially differs from the previous use of a building or land.

CHILD-CARE CENTER

A private establishment enrolling four or more children between two and five years of age and where tuition, fees or other forms of compensation for the care of the children is charged and which is licensed or approved to operate as a child-care center.

CHIMNEY

A structure containing one or more flues for drawing off emissions from stationary sources of combustion.

CHURCH

A building or structure, or groups of buildings or structures, which by design and construction are primarily intended for the conducting of organized religious services and accessory uses associated therewith.

CLUB

A group of people organized for a common purpose to pursue common goals, interests or activities and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings and a constitution and bylaws. (COMMENT: Typically, clubs were usually permitted in residential neighborhoods under the phrase "clubs, lodges and social buildings." These clubs were related to the neighborhood in terms of the ethnic, religious or cultural characteristics of the residents.)

COMMERCIAL GARAGE

See "garage, public."

COMMERCIAL GREENHOUSE

A structure in which plants, vegetables, flowers and similar materials are grown for sale.

COMMERCIAL USE

Activity carried out for pecuniary gain.

COMMERCIAL VEHICLE

Any motor vehicle licensed by the state as a commercial vehicle.

COMMISSION

The Derby Planning and Zoning Commission.

COMMON ELEMENTS

Land amenities, parts of buildings, central services and utilities and any other elements and facilities owned and used by all condominium unit owners and designated in the master deed as common elements.

COMMON OPEN SPACE

See "open space, common."

COMMON OWNERSHIP

Ownership by one or more individuals in any form of ownership of two or more contiguous lots.

COMMON PASSAGEWAY

A commonly shared or used pedestrian or vehicular way that connects or serves two or more properties. See "party driveway."

COMPLETE APPLICATION

An application form completed as specified by ordinance and the rules and regulations of the municipal agency and all accompanying documents required by ordinance for approval of the application.

CONDITIONAL USE

A use permitted in a particular zoning district only upon showing that such use in a specified location will comply with all the conditions and standards for the location or operation of such use as specified in a zoning ordinance and authorized by the Commission.

CONDITIONAL USE PERMIT

A permit issued by the authorized board stating that the conditional use meets all conditions set forth in local ordinances.

CONDOMINIUM

A building, or group of buildings, in which units are owned individually, and the structure, common areas and facilities are owned by all the owners on a proportional, undivided basis. (COMMENT: By definition, a "condominium" has common areas and facilities and there is an association of owners organized for the purpose of maintaining, administering and operating the common areas and facilities. It is a legal form of ownership of real estate and not a specific building style. The purchaser has title to his or her interior space in the building and an undivided interest in parts of the interior, the exterior and other common elements. The property is identified in a master deed and recorded on a plat with the local jurisdiction. The common elements usually include the land underneath and surrounding the building, certain improvements on the land and such items as plumbing, wiring, and major utility systems, the interior areas between walls, the public interior spaces, exterior walls, streets and recreational facilities.)

CONDOMINIUM ASSOCIATION

The community association which administers and maintains the common property and common elements of a condominium. (COMMENT: Condominium associations differ from other forms of community associations in that the condominium association does not have title to the common property and facilities. These are owned by the condominium owner on a proportional, undivided basis.)

CONDOMINIUM, BUSINESS

A building (or group of buildings) used for office, businesses, professional services and other commercial enterprise organized, owned and maintained as a condominium.

CONDOMINIUM, HOTEL

A condominium set up like a hotel in which each room is individually owned and in which some or all rooms are available to transients for rent.

CONDOMINIUM, INDUSTRIAL

An industrial building (or group of buildings) organized, owned and maintained as a condominium.

CONDOMINIUM, OFFICE

An office building (or group of buildings) organized, owned and maintained as a condominium.

CONFERENCE CENTER

A facility used for business or professional conferences and seminars, often with accommodations for sleeping, eating and recreation. (COMMENT: Communities face the decision whether or not to allow conference centers to rent rooms and facilities to transients. Very often a specific percentage of rooms must be devoted to conference use and only a small percentage of rooms must be devoted to conference use and only a small percentage can be made available for transient trade.)

CONGREGATE HOUSING

A dwelling providing shelter and services for the elderly which may include meals, housekeeping and personal-care assistance.

CONTIGUOUS

Next to, abutting or touching and having a boundary or portion thereof which is coterminous. See "abut" and "adjoining lot or land."

CONVERSION

A change in the use of land or a structure.

CONVENIENCE STORE

Any retail establishment offering for sale prepackaged food products, household items and other goods commonly associated with the same and having a gross floor area of less than 2,000 square feet.

COURT

Any open space, unobstructed from ground to sky, other than a yard, that is on the same lot with and bounded on two or more sides by the walls of a building. See "plaza" and "square." (See Figure 13.)

COURT, INNER

An open area, unobstructed from the ground to sky, which is bounded on more than three sides by the exterior walls of one or more buildings. (See Figure 4.)

COURT, OUTER

An open area, unobstructed from the ground to the sky, which is bounded on not more than three sides by the exterior walls of one or more buildings. (See Figure 4.)

CURB CUT

The opening along the curb line at which point vehicles may enter or leave the roadway. (See Figure 2.)

DAY-CARE CENTER/DAY NURSERY

See "child-care center."

DECK LINE

The intersection of two roof surfaces of a mansard roof forming the highest horizontal line of the steeper roof slope. (See Figure 26.)

DENSITY

The number of families, individuals, dwelling units or housing structures per unit of land.

DISCOUNT CENTER

A single store or group of stores advertising a wide variety of merchandise for sale at less-than-retail cost.

DISTANCE OF SIGN PROJECTION

The distance from the exterior wall surface of a building to the sign element farthest distance from such surface. (See Figure 27.)

DOWN ZONE

To increase the intensity of use by increasing density or floor area ratio or otherwise decreasing bulk requirements.

DRAINAGE

(1) Surface water runoff.

(2) The removal of surface water or groundwater from land by drains, grading or other means which include runoff controls to minimize erosion and sedimentation during and after construction or development, the means for preserving the water supply and the prevention or alleviation of flooding.

DRAINAGE AREA

That area in which all of the surface runoff resulting from precipitation is concentrated into a particular stream.

DRIVE-IN RESTAURANT

A building or portion thereof where food and/or beverages are sold in a form ready for consumption and where all or a significant portion of the consumption takes place or is designed to take place outside the confines of the building, often in a motor vehicle on the site.

DRIVE-IN USE

An establishment which by design, physical facilities, service or by packaging procedures encourages or permits customers to receive services, obtain goods or be entertained while remaining in their motor vehicles.

DRIVEWAY

A private roadway providing access for vehicles to a parking space, garage, dwelling or other structure.

DUPLEX

See "dwelling, two-family."

DWELLING

A structure or portion thereof which is used exclusively for human habitation.

DWELLING, ATTACHED

A one-family dwelling attached to two or more one-family dwellings by common vertical walls.

DWELLING, DETACHED

A dwelling which is not attached to any other dwelling by any means. (See Figure 5.) (COMMENT: The detached dwelling does not have any roof, wall or floor in common with any other dwelling unit.)

DWELLING, GARDEN APARTMENT

See "dwelling, multifamily." (See Figure 10.)

DWELLING, HIGH-RISE

An apartment building of eight or more stories. (See Figure 12.)

DWELLING, MIDRISE

An apartment building containing from three to seven stories. (See Figure 11.)

DWELLING, MULTI-FAMILY

A dwelling containing more than two dwelling units.

DWELLING, PATIO HOUSE

A one-family dwelling on a separate lot with open space setbacks on three sides and with a court. (See Figure 6.) (COMMENT: Patio homes may be attached to similar houses on adjacent lots and still meet this definition. Also known as "zero lot line homes.")

DWELLING, QUADRUPLEX

Four attached dwellings in one structure in which each unit has two open space exposures and shares one or two walls with an adjoining an unit or units. (See Figure 8.)

DWELLING, SEMIDETACHED

A one-family dwelling attached to one other one-family dwelling by a common vertical wall, and each dwelling located on a separate lot. (See Figure 7.) (COMMENT: The semidetached dwelling is part of a two-family structure with the dwelling units side-by-side as opposed to one on top of the other. The semidetached dwelling also could be the end unit of a townhouse row, a patio house and a duplex.)

DWELLING, SINGLE-FAMILY

A building containing one dwelling unit.

DWELLING, SINGLE-FAMILY DETACHED

A dwelling which is designed for and occupied by not more than one family and surrounded by open space or yards and which is not attached to any other dwelling by any means. See "dwelling, detached."

DWELLING, TOWNHOUSE

A one-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common fire-resistant walls. (See Figure 9.)

DWELLING, TRIPLEX

A dwelling containing three dwelling units, each of which has direct access to the outside or to a common hall.

DWELLING, TWO-FAMILY

A structure on a single lot containing two dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units.

DWELLING UNIT

One or more rooms, designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household. See "housing unit."

DWELLING UNIT, EFFICIENCY

A dwelling unit consisting of not more than one habitable room together with kitchen or kitchenette and sanitary facilities.

EASEMENT

A grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation or another person or entity.

EASEMENT, CONSERVATION

An easement precluding future or additional development of the land.

EASEMENT, DRAINAGE

An easement required for the installation of stormwater sewers or drainage ditches and/or required for the preservation or maintenance of a natural stream or watercourse or other drainage facility.

EAVE

The projecting lower edges of a roof overhanging the wall of a building.

EDUCATIONAL INSTITUTION

A college or university authorized by the state to award degrees.

EFFICIENCY UNIT

See "dwelling unit, efficiency."

ELEEMOSYNARY OR PHILANTHROPIC INSTITUTION

A private or nonprivate organization which is not organized or operated for the purpose of carrying on a trade or business and no part of the net earnings of which are for the benefit of any individual.

ENCROACHMENT

Any obstruction in a delineated floodway, right-of-way or adjacent land. (See Figure 15.)

ENLARGEMENT

An increase in the size of an existing structure.

EXISTING GRADE OR ELEVATION

The vertical location of the ground surface prior to excavating or filling.

EXISTING USE

The use of a lot or structure at the time of the enactment of a zoning ordinance.

EXTENDED-CARE FACILITY

A long-term facility or a distinct part of a facility licensed or approved as a nursing home, infirmary unit of a home for the aged or a governmental medical institution. See "long-term care facility" and "nursing home."

EXTERIOR WALL

Any wall which defines the exterior boundaries of a building or structure.

FACADE

The exterior wall of a building exposed to public view or that wall viewed by persons not within the building. (See Figure 13.)

FACTORY

A building in which semifinished or finished materials are converted to a different form or state or where goods are manufactured, assembled, treated or processed.

FACTORY-BUILT HOUSE

A dwelling unit that is constructed and assembled at a factory and transported to the building's site and placed on a prebuilt foundation.

FAIR MARKET VALUE

The price of a building or land which would be agreed upon voluntarily in fair negotiations between a knowledgeable owner willing, but not forced, to sell and a knowledgeable buyer willing, but not forced, to buy.

FAMILY

One or more individuals occupying a dwelling unit and living as a single household unit.

FAST-FOOD RESTAURANT

An establishment whose principal business is the sale of preprepared or rapidly prepared food directly to the customer in a ready-to-consume state for consumption either within the restaurant building or off premises.

FENCE

An artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.

FINAL APPROVAL

The last official action of the Planning and Zoning Commission taken on a development plan which has been given preliminary approval, after all conditions and requirements have been met, and the required improvements have been installed or guarantees properly posted for their installation, or approval conditioned upon the posting of such guarantees.

FINISH ELEVATION

The proposed elevation of the land surface of a site after completion of all site preparation work. See "grade, finished."

FLAG LOT

A lot not fronting on or abutting a public road and where access to the public road is by a narrow, private right-of-way. (See Article VIII; see Figure 18.)

FLEA MARKET

An occasional or periodic market held in an open area or structure where groups of individual sellers offer goods for sale to the public.

FLOATING ZONE

An unmapped zoning district where all the zone requirements are contained in the ordinance and the zone is fixed on the map only when an application for development, meeting the zone requirements, is approved.

FLOOD, BASE FLOOD ELEVATION

See "base flood elevation."

FLOOD DAMAGE POTENTIAL

The susceptibility of a specific land use at a particular location to damage by flooding and the potential of the specific land use to increase off-site flooding or flood-related damages.

FLOOD-FRINGE AREA

That portion of the flood hazard area outside of the floodway based on the total area inundated during the regulatory base flood plus 25% of the regulatory base flood discharge. See "floodway," "flood, regulatory," "base and flood regulatory" and "base flood discharge." (See Figure 15.)

FLOOD HAZARD AREA

The floodplain consisting of the floodway and the flood-fringe area. See "floodplain." (See Figure 15.)

FLOOD HAZARD DESIGN ELEVATION

The highest elevation, expressed in feet above sea level, of the level of floodwaters which delineates the flood-fringe area.

FLOOD INSURANCE RATE MAP

The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

FLOODPLAIN

The channel and the relatively flat area adjoining the channel of a natural stream or river which has been or may be covered by floodwater. (See Figure 15.)

FLOODPROOFING

A combination of structural provisions, changes or adjustments to properties and structures subject to flooding for the reduction or elimination of flood damage to properties, water and sanitary facilities and other utilities, structures and the contents of buildings.

FLOODWAY

The channel of a natural stream or river and portions of the floodplain adjoining the channel which are reasonably required to carry and discharge the floodwater or flood flow of any natural stream or river. See "floodway, regulatory." (See Figure 15.)

FLOODWAY, REGULATORY

The channel and the adjacent land areas that must be reserved in order to discharge the regulatory base flood without cumulatively increasing the water surface elevation more than 2/10 of one foot.

FLOOR AREA, GROSS

The sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the center line of a wall separating two buildings, but not including interior parking spaces, loading space for motor vehicles or any space where the floor-to-ceiling height is less than six feet. (COMMENT: Interior parking spaces and loading spaces are excluded in order not to penalize applicants that include these facilities.)

FLOOR AREA, NET

The total of all floor areas of a building, excluding stairwells and elevator shafts, equipment rooms, interior vehicular parking or loading and all floors below the first or ground floor, except when used or intended to be used for human habitation or service to the public. (COMMENT: Very often, for ease of administration, net floor area is expressed as gross floor area minus a certain percentage. Empirically, stairwells, elevator shafts, equipment rooms and utility rooms generally average out to about 15% of the gross floor area. Thus, "net floor area" may be defined as gross floor area minus 15%.)

FLOOR AREA RATIO

The gross floor area of all buildings on a lot divided by the lot area. (See Figure 14.)

FRATERNAL ORGANIZATION

A group of people formally organized for a common interest, usually cultural, religious or entertainment, with regular meetings, rituals and formal written membership requirements.

FRONTAGE

That side of a lot abutting on a street; the front lot line. (See Figure 20.) (COMMENT: On corner or through lots the frontage may be designated by the owner but it should be consistent with the orientation of the other lots and improvements on the same side of the street. On improved lots the frontage is usually the side where the main building entrance is located and in the general direction in which the principal building faces.)

FRONT FOOT

A measure of land width, being one foot along the front lot line of a property.

FRONT LOT LINE

See "lot line, front."

FRONT YARD

See "yard, front."

FUNERAL HOME

A building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation.

GARAGE

A deck, building or structure, or part thereof, used or intended to be used for the parking and storage of vehicles.

GARAGE, COMMUNITY

A garage used exclusively for the parking and storage of vehicles owned or operated by residents of nearby dwelling units and their guests, which is not operated as a commercial enterprise and is not available to the general public, and which is owned, leased or cooperatively operated by such residents.

GARAGE, MUNICIPAL

A structure owned or operated by a municipality and used primarily for the parking and storing of vehicles owned by the general public.

GARAGE, PRIVATE CUSTOMER AND EMPLOYEE

A structure which is accessory to a nonretail commercial or manufacturing establishment, building or use and is primarily for the parking and storage of vehicles operated by the customers, visitors and employees of such building and which is not available to the general public.

GARAGE, PRIVATE RESIDENTIAL

A structure which is accessory to a residential building and which is used for the parking and storage of vehicles owned and operated by the residents thereof and which is not a separate commercial enterprise available to the general public.

GARAGE, PUBLIC

A building, or portion thereof, other than a private customer and employee garage or private residential garage, used primarily for the parking and storage of vehicles and available to the general public.

GARAGE, REPAIR

Any building, premises and land in which or upon which a business, service or industry involving the maintenance, servicing, repair or painting of vehicles is conducted or rendered. See "automotive repair, services and garages."

GARBAGE

Animal and vegetable waste resulting from the handling, storage, sale, preparation, cooking and serving of foods. See "solid waste."

GARDEN APARTMENT

See "dwelling, multifamily."

GASOLINE STATION

See "automobile service station."

GLARE

The effect produced by brightness sufficient to cause annoyance, discomfort or loss in visual performance and visibility.

GOVERNMENT AGENCY

Any department, commission, independent agency or instrumentality of the United States, of a state, county, incorporated or unincorporated municipality, township, authority, district or other governmental unit.

GRADE

The degree of rise or descent of a sloping surface. (See Figure 16.)

GRADE, FINISHED

The final elevation of the ground surface after development. See "finish elevation." (See Figure 21.)

GRADE, NATURAL

The elevation of the ground surface in its natural state, before man-made alterations.

GRAPHIC SCALE

See "scale."

GRAVEL PIT

An open land area where sand, gravel and rock fragments are mined or excavated for sale or off-tract use.

GREEN AREA

Land shown on a development plan, master plan or official map for preservation, recreation, landscaping or park.

GREENBELT

An open area which may be cultivated or maintained in a natural state surrounding development or used as a buffer between land uses or to mark the edge of an urban or developed area.

GREENHOUSE

A building whose roof and side are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants for subsequent sale or for personal enjoyment. See "nursery."

GROSS FLOOR AREA

See "floor area, gross" and "floor area, net."

GROSS HABITABLE FLOOR AREA

See "floor area, net."

GROSS LEASEABLE AREA

The total floor area for which the tenant pays rent and which is designed for the tenant's occupancy and exclusive use. (COMMENT: Gross leaseable area does not include public or common areas such as utility rooms, stairwells, malls, etc.)

GROUND COVER

Grasses or other plants grown to keep soil from being blown or washed away.

GROUND COVERAGE

See "lot coverage."

GROUND FLOOR

The first floor or a building other than a cellar or basement.

GROUP-CARE FACILITY

A facility or dwelling unit housing persons unrelated by blood or marriage and operating as a group family household. (COMMENT: A group-care facility may include halfway houses; recovery homes; and homes for orphans, foster children, the elderly, battered children and women. It also could include a specialized treatment facility providing less than primary health care. See "group family household."

GROUP FAMILY HOUSEHOLD

A group of individuals not related by blood, marriage, adoption or guardianship living together in a dwelling unit as a single housekeeping unit under a common housekeeping management plan based on an intentionally structured relationship providing organization and stability. See "family."

HALF STORY

See "story, half."

HEALTH-CARE FACILITY

A facility or institution, whether public or private, principally engaged in providing services for health maintenance, diagnosis or treatment of human disease, pain, injury, deformity or physical condition, including, but not limited to, a general hospital, special hospital, mental hospital, public health center, diagnostic center, treatment center, rehabilitation center, extended-care facility, skilled nursing home, nursing home, intermediate-care facility, tuberculosis hospital, chronic disease hospital, maternity hospital, outpatient clinic, dispensary, home health care agency, boarding home or other home for sheltered care and bioanalytical laboratory or central services facility serving one or more such institutions but excluding institutions that provide healing solely by prayer. See "health services."

HEALTH SERVICES

Establishments primarily engaged in furnishing medical, surgical or other services to individuals, including the offices of physicians, dentists and other health practitioners, medical and dental laboratories, out-patient care facilities, blood banks and oxygen and miscellaneous types of medical supplies and services.

HEIGHT

The vertical distance of a structure measured from the average elevation of the finished grade within 20 feet of the structure to the highest point of the structure. See "building height." (See Figure 3.)

HEIGHT OF STRUCTURE

The height of any structure other than a building is the vertical dimension measured from the average graded level of the ground immediately contiguous to its base up to its highest point.

HIGH-RISE

See "dwelling, high-rise."

HIGHEST AND BEST USE

An appraisal concept that determines the use of a particular property likely to produce the greatest net return in the foreseeable future. (COMMENT: The term "highest and best use" has little validity in planning or zoning studies. Its major application is probably as a comparison between several uses to determine which is more profitable.)

HISTORIC AREA

A district or zone designated by a local authority, state or federal government within which the buildings, structures, appurtenances and places are of basic and vital importance because of their association with history or because of their unique architectural style and scale, including color, proportion, form and architectural detail, or because of their being a part of or related to a square, park or area the design or general arrangement of which should be preserved and/or developed according to a fixed plan based on cultural, historical or architectural motives or purposes. (COMMENT; Designation by the appropriate state agency is a prerequisite for listing by the National Register of Historic Places.)

HISTORIC BUILDING

Any building or structure which is historically or architecturally significant.

HISTORIC BUILDING STYLES

Recognized architectural styles such as Colonial; Federal; Greek Revival; Victorian; Gothic Revival; Victorian Gothic; Romanesque Revival. (See Figure 19.) (COMMENT: The definition is actually a partial listing of major American historic building styles. For purposes of historic district zoning for a particular area, this listing might be revised as appropriate and detailed architectural definitions of each style are added.)

HISTORIC DISTRICT

See "historic area."

HISTORIC PRESERVATION

The protection, rehabilitation and restoration of district sites, buildings, structures and artifacts significant in American history, architecture, archaeology or culture.

HOME OCCUPATION

An accessory use of a dwelling unit for gainful employment which is:

(1) Clearly incidental and subordinate to the use of the dwelling unit as a residence;

(2) Carried on solely within the main dwelling and does not alter or change the exterior character or appearances of the dwelling;

(3) Located in a residential district; and

(4) Created and operated as a sole proprietorship.

HOME PROFESSIONAL OFFICE

A home occupation consisting of the office of a practitioner of a recognized profession, provided that not more than two persons are employed who are not members of the family, and that such office shall be in the main building only and shall not occupy more than the equivalent of 50% of the area of the first floor of the principal building. For the purposes of this definition, a "teacher" shall be restricted to a person giving individual instruction in a musical instrument, in singing or in academic or scientific subjects to a single pupil at a time. A home professional office shall not include the office of any person professionally engaged in the purchase or sale of economic goods. Dancing instruction, band instrument or voice instruction in groups, tea rooms, tourist homes, beauty parlors, barber shops, hairdressing and manicuring establishments, real estate offices, convalescent homes, mortuary establishments, travel agencies and stores, trades or businesses of any kind not herein excepted shall not be deemed to be home professional offices.

HOSPITAL

An institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities or training facilities.

HOTEL

A facility offering transient lodging accommodations to the general public and providing additional services such as restaurants, meeting rooms and recreation facilities. See "boarding house," "motel," "resort" and "tourist home."

HOUSEHOLD

A family living together in a single dwelling unit, with common access to and common use of, all living and eating areas and all areas and facilities for the preparation and storage of food within the dwelling unit.

HOUSING FOR THE ELDERLY

Multifamily housing designed for people 60 years of age or older. (COMMENT: Such housing usually has wider doors, elevators that can accommodate wheelchairs, special support and hand bars and bathroom and kitchen facilities designed specifically for the elderly. It also may include care facilities, central recreation areas and accessory medical facilities. Elderly person housing may be private or subsidized under one or more governmental programs.)

HOUSING UNIT

A room or group of rooms used by one or more individuals living separately from others in the structure, with direct access to the outside or to a public hall and containing separate toilet and kitchen facilities. See "dwelling unit."

IMPERVIOUS SURFACE

Any material which reduces and prevents absorption of stormwater into previously undeveloped land. (See Figure 36.)

INDUSTRIAL PARK

A large tract of land that has been planned, developed and operated as an integrated facility for a number of individual industrial uses, with special attention to circulation, parking, utility needs, aesthetics and compatibility.

INGRESS

Access or entry.

INTERIOR LOT

See "lot, interior."

INSTITUTIONAL USE

A nonprofit or quasi-public use or institution such as a church, library, public or private school, hospital or municipally owned or operated building, structure or land used for public purpose.

INTERMEDIATE-CARE FACILITY

A facility which provides, on a regular basis, health-related care and services to individuals who do not require the degree of care and treatment which a hospital or skilled nursing facility is designated to provide but who, because of their mental or physical condition, require care and services (above the level of room and board) which can be made available to them only through institutional facilities such as these.

ISLAND

(1) A land area totally surrounded by water.

(2) In parking lot design, built-up structures, usually curbed, placed at the end of parking rows as a guide to traffic and also used for landscaping, signing or lighting.

ISOLATED LOT

An undeveloped substandard lot in separate ownership from surrounding property.

JUNK

Any scrap, waste, reclaimable material or debris, whether or not stored or used in conjunction with dismantling, processing, salvage, storage, baling, disposal or other use or disposition. (COMMENT: "Junk" includes vehicles, tires, vehicle parts, equipment, paper, rags, metal, glass, building materials, household appliances, brush, wood and lumber.)

JUNKYARD

Any area, lot, land, parcel, building or structure or part thereof used for storage, collection, processing, purchase, sale or abandonment of wastepaper, rags, scrap metal or other scrap or discarded goods, materials, machinery or two or more unregistered, inoperable motor vehicles or other type of junk.

KENNEL

An establishment in which more than six dogs or domesticated animals more than one year old are housed, groomed, bred, boarded, trained or sold.

KIOSK

A freestanding structure upon which temporary information and/or posters, notices and announcements are posted.

LAND SURVEYOR

One who is licensed by the state as a land surveyor and is qualified to make accurate field measurements and mark, describe and define land boundaries.

LANDSCAPE

An expanse of natural scenery; or the addition of lawns, trees, plants and other natural and decorative features to land. (COMMENT: Landscape treatment can include walks, patios and some elements of street furniture. Natural materials often are referred to as "soft" landscape, and other materials are known as "hard" landscape.)

LEASE

A contractual agreement for the use of lands, structures, buildings or parts thereof for a fixed time and consideration.

LIGHT INDUSTRY

Industrial uses which meet the performance standards, bulk controls and other requirements established in this chapter.

LOADING SPACE

An off-street space or berth used for the loading or unloading of commercial vehicles.

LONG-TERM-CARE FACILITY

An institution or a distinct part of an institution which is licensed or approved to provide health care under medical supervision for 24 or more consecutive hours to two or more patients who are not related to the governing authority or its members by marriage, blood or adoption. [COMMENT: A long-term-care facility may be either a skilled nursing facility, where patients receive above a certain number of hours of nursing care daily (New Jersey requires 2.75 hours), or intermediate-care facility, where patients receive less than the established number of hours of nursing care daily. In addition to a nursing home, other long-term-care facilities are governmental medical institutions.]

LOT

A designated parcel, tract or area of land established by plat, subdivision or as otherwise permitted by law, to be used, developed or built upon as a unit. (See Figure 22.)

LOT AREA

The total area within the lot lines of a lot, excluding any street rights-of-way.

LOT AVERAGING

A design technique permitting one or more lots in a subdivision to be undersized, provided that the same number of lots in the same subdivision are oversized by an equal or greater area.

LOT, CORNER

A lot or parcel of land abutting upon two or more streets at their intersection, or upon two parts of the same street forming an interior angle of less than 135º. (See Figure 18.)

LOT COVERAGE

That portion of the lot that is covered by buildings and structures. (COMMENT: Some definitions expand this to include all other manmade improvements on the ground surface which are more impervious than the natural surface, such as paving, driveways, etc.)

LOT DEPTH

The distance measured from the front lot line to the rear lot line. (See Figure 18.) (COMMENT: For lots where the front and rear lot lines are not parallel, the lot depth should be measured by drawing lines from the front to rear lot lines, at right angles to the front lot line, every 10 feet and averaging the length of these lines.)

LOT, DOUBLE FRONTAGE

See "lot, through."

LOT, FLAG

See "flag, lot."

LOT FRONTAGE

The length of the front lot line measured at the street right-of-way line. (See Figure 20.)

LOT, INTERIOR

A lot other than a corner lot. (See Figure 18.)

LOT, ISOLATED

See "isolated lot."

LOT LINE

A line of record bounding a lot which divides one lot from another lot or from a public or private street or any other public space. (See Figure 20.)

LOT LINE, FRONT

The lot line separating a lot from a street right-of-way. (See Figure 20.)

LOT LINE, REAR

The lot line opposite and most distant from the front lot line or, in the case of triangular or otherwise irregularly shaped lots, a line 10 feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line. (See Figure 20.)

LOT LINE, SIDE

Any lot line other than a front or rear lot line. (See Figure 18.)

LOT, MINIMUM AREA OF

The smallest lot area established by the Zoning Ordinance on which a use or structure may be located in a particular district.

LOT REAR

See "flag lot."

LOT OF RECORD

A lot which exists as shown or described on a plat or deed in the records of the local Registry of Deeds.

LOT, REVERSE FRONTAGE

A through lot which is not accessible from one of the parallel or nonintersecting streets upon which it fronts. (See Figure 29.)

LOT, THROUGH

A lot which fronts upon two parallel streets or which fronts upon two streets which do not intersect at the boundaries of the lot. (See Figure 18.)

LOT, TRANSITION

A lot in a transition zone or a lot between two zoning districts permitting the same uses as allowed in each zone but with different areas and/or dimensions. (COMMENT: The Zoning Ordinance normally would establish an intermediate size for the transition lot. For example, if located between a 40,000 square-foot residential zone and a twenty-thousand-square-foot residential zone, the transition lot might be required to have a minimum of 30,000 square feet. The transition lot also might be part of a lot averaging design.)

LOT WIDTH

The horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the front lot line at the minimum required building setback line. (See Figure 18.)

MALL

(1) A shaded walk or public promenade;

(2) A shopping center where stores front on both sides of a pedestrian way which may be enclosed or open.

MANUFACTURING

Establishments engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the manufacturing of products and the blending of materials such as lubricating oils, plastics, resins or liquors.

MARQUEE

Any hood, canopy, awning or permanent construction which projects from a wall of a building, usually above an entrance.

MEDIAN ISLAND

A barrier placed between lanes of traffic flowing in opposite directions.

MEDICAL BUILDING

A building that contains establishments dispensing health services. See "health services."

MEZZANINE

A partial story between two full stories. (See Figure 3.)

MINI-MALL

A shopping center between 80,000 to 150,00 square feet on site of 8 to 15 acres where tenants are located on both sides of a covered walkway with direct pedestrian access to all establishments from the walkway. (COMMENT: Mini-malls usually function as neighborhood shopping centers or specialty shopping centers. Mini-malls usually do not require an anchor store. See "shopping center" and "specialty shopping center."

MINI-WAREHOUSE

A structure containing separate storage spaces of varying sizes leased or rented on an individual basis.

MIXED-USED ZONING

Regulations which permit a combination of different uses within a single development.

MOBILE HOME

A structure, transportable in one or more sections, which is at least eight feet in width and 32 feet in length, which is built on a permanent chassis and designed to be used as a dwelling unit, with or without a permanent foundation when connected to the required utilities.

MOBILE HOME PARK

A site with required improvements and utilities for the long-term parking of mobile homes which may include services and facilities for the residents.

MOTEL

An establishment providing transient accommodations containing six or more rooms with at least 25% of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building.

MOTION-PICTURE THEATER

A place where motion pictures are shown to the public for a fee.

MOTOR FREIGHT TERMINAL

A building or area in which trucks, including tractor or trailer units, are parked, stored or serviced, including the transfer, loading or unloading of goods. A terminal may include facilities for the temporary storage of loads prior to transshipment.

MOTOR VEHICLE REPAIR SHOP

Any building, place or location that is used or designed to be used for making repairs to motor vehicles by a "repairer," as defined in Chapter 245, Section 14-51, of the General Statutes, as amended.

MULTIFAMILY DWELLING

See "dwelling, multifamily."

MULTIPHASE DEVELOPMENT

A development project that is constructed in stages, each stage being capable of existing independently of the others.

MULTIUSE BUILDING

A building containing two or more distinct uses. (COMMENT: A multiuse building might include retail stores on the first floor and apartments on the upper floors.)

NATIONAL FLOOD INSURANCE PROGRAM

A federal program which authorizes the sale of federally subsidized flood insurance in communities where such flood insurance is not available privately.

NATURAL GRADE

See "grade, natural."

NET AREA OF LOT (NET ACREAGE)

The area of the lot excluding those features or areas which the development ordinance excludes from the calculations.

NONCONFORMING LOT

A lot, the area, dimensions or location of which was lawful prior to the adoption, revision or amendment of the Zoning Ordinance, but which fails by reason of such adoption, revision or amendment to conform to the present requirements of the zoning district.

NONCONFORMING SIGN

Any sign lawfully existing on the effective date of an ordinance, or an amendment thereto, which renders such sign nonconforming because it does not conform to all the standards and regulations of the adopted or amended ordinance.

NONCONFORMING STRUCTURE OR BUILDING

A structure or building the size, dimensions or location of which was lawful prior to the adoption, revision or amendment to a zoning ordinance but which fails, by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district.

NONCONFORMING USE

A use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance but which fails, by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district.

NURSERY

Land or greenhouses used to raise flowers, shrubs and plants for sale. See "greenhouse."

NURSERY SCHOOL

See "child-care center."

NURSING HOME

An extended- or intermediate-care facility licensed or approved to provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves. (COMMENT: Nursing homes are now usually referred to as long-term facilities. See "extended-care facility," "intermediate-care facility" and "long-term care facility.")

OCCUPANCY or OCCUPIED

The residing of an individual or individuals overnight in a dwelling unit, or the installation, storage or use of equipment, merchandise or machinery in any public, commercial or industrial building.

OCCUPANCY PERMIT

A required permit allowing occupancy of a building or structure after it has been determined that the building meets all the requirements of applicable ordinances. (COMMENT: The occupancy permit may be a temporary one for a given period of time to permit completion of certain improvements. For example, installation of landscaping may be delayed because of weather. Obviously, a temporary permit would not be granted if the unfinished or incomplete improvement is essential to the use or affects health or safety.)

OFFICE

A room or group of rooms used for conducting the affairs of a business, profession, service, industry or government.

OFFICE BUILDING

A building used primarily for conducting the affairs of a business, profession, service, industry or government, of like activity, that may include ancillary services for office workers such as a restaurant, coffee shop, newspaper or candy stand. (COMMENT: Standards for office buildings vary enormously. Typical controls include floor area ratio, height, ground coverage and parking.)

OFFICE PARK

A development on a tract of land that contains a number of separate office buildings, supporting uses and open space designed, planned, constructed and managed on an integrated and coordinated basis.

OFFICE AT HOME

A home occupation in which a part of a dwelling unit is used primarily as the resident's office. See "home occupation" and "home professional office."

OFF SITE

Located outside the lot lines of the lot in question but within the property (of which the lot is a part) that is the subject of a development application, or within a contiguous portion of a street or other right-of-way. (See Figure 25.)

OFF-STREET PARKING SPACE

A temporary storage area for a motor vehicle that is directly accessible to an access aisle and which is not located on a dedicated street right-of-way. (See Figure 2.)

OFF TRACT

Not located on the property that is the subject of a development application nor on a contiguous portion of a street or other right-of-way. (See Figure 25.)

ON SITE

Located on the lot that is the subject of an application for development. (See Figure 25.)

ON-STREET PARKING SPACE

A temporary storage area for a motor vehicle which is located on a dedicated street right-of-way. (See Figure 2.)

ON TRACT

Located on the property that is the subject of a development application or on a contiguous portion of a street or other right-of-way.

OPEN SPACE, COMMON

Land within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development and may include such complementary structures and improvements as are necessary and appropriate.

PARAPET

The extension of the main walls of a building above the roof level. (See Figure 13.)

PARCEL

A lot or tract of land. (See Figure 22.)

PARK

A tract of land designated and used by the public for active and passive recreation.

PARKING ACCESS

The area of a parking lot that allows motor vehicles ingress and egress from the street. (See Figure 2.)

PARKING AREA

Any public or private land area designed and used for parking motor vehicles, including parking lots, garages, private driveways and legally designated areas of public streets. See "garage."

PARKING AREA, PRIVATE

A parking area for the private use of the owners or occupants of the lot on which the parking area is located.

PARKING AREA, PUBLIC

A parking area available to the public, with or without compensation, or used to accommodate clients, customers or employees.

PARKING BAY

The parking module consisting of one or two rows of parking spaces and the aisle from which motor vehicles enter and leave the spaces.

PARKING LOT

An off-street, ground-level area, usually surfaced and improved, for the temporary storage of motor vehicles. See "garage" and "parking area."

PARKING SPACE

A space for the parking of a motor vehicle within a public or private parking area. See "off-street parking space" and "on-street parking space."

PAROCHIAL SCHOOL

See "school, parochial."

PARTY DRIVEWAY

A single way providing vehicular access to two adjoining properties. (See Figure 22.)

PARTY IMMEDIATELY CONCERNED

For purposes of notice, any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under a zoning ordinance, subdivision regulations or other development controls.

PARTY WALL

A common shared wall between two separate structures, buildings or dwelling units. (See Figure 22.)

PATH

A cleared way for pedestrians and/or bicycles which may or may not be paved.

PATIO

See "terrace."

PAVEMENT

(1) Brick, stone, concrete or asphalt placed on the surface of the land; or

(2) That part of a street having an improved surface.

PERFORMANCE GUARANTEE

Any security that may be accepted by a municipality as a guarantee that improvements required as part of an application for development are satisfactorily completed.

PERIMETER

The boundaries or borders of a lot, tract or parcel of land.

PERIMETER LANDSCAPED OPEN SPACE

A landscaped area intended to enhance the appearance of parking lots and other outdoor auto-related uses or to screen incompatible uses from each other along their boundaries.

PERMIT

Written governmental permission issued by an authorized official, empowering the holder thereof to do some act not forbidden by law, but not allowed without such authorization.

PERMITTED USE

Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.

PERSONAL SERVICES

Establishments primarily engaged in providing services involving the care of a person or his or her apparel. (COMMENT: Personal services usually includes the following: laundry, cleaning and garment services, garment pressing, linen supply, diaper service, coin-operated laundries, dry-cleaning plants, carpet and upholstery cleaning, photographic studios, beauty shops, barber shops, shoe repair, hat cleaning, funeral services, steam baths, reducing salons and health clubs, clothing rental, locker rental, porter service, etc.)

PERVIOUS SURFACE

Any material that permits full or partial absorption of stormwater into previously unimproved land. See "impervious surface." (See Figure 36.)

PLAZA

An open space which may be improved and landscaped, usually surrounded by streets and buildings. See "court." (See Figure 13.)

PLOT

(1) A single unit parcel of land;

(2) A parcel of land that can be identified and referenced to a recorded plat or map.

PORCH

A roofed open area which may be glazed or screened, usually attached to or part of and with direct access to or from a building. (See Figure 24.) (COMMENT: A porch becomes a room when the space enclosed is heated or air conditioned and, if glazed, when the percentage of window area to wall area is less than 50%.)

PREMISES

A lot, parcel, tract or plot of land together with the buildings and structures thereon.

PRINCIPAL BUILDING

See "building, principal."

PRINCIPAL USE

The primary or predominant use of any lot.

PRIVATE CLUB OR LODGE

A building and related facilities owned or operated by a corporation, association or group of individuals established for the fraternal, social, educational, recreational or cultural enrichment of its members and not primarily for profit and whose members meet certain prescribed qualifications for membership and pay dues.

PRIVATE SCHOOL

See "school, private."

PROFESSIONAL OFFICE

The office of a member of a recognized profession maintained for the conduct of that profession. See "home professional office."

PROHIBITED USE

A use that is not permitted in a zone district. (COMMENT: Most ordinances are permissive ordinances, and a use not specifically permitted is prohibited.)

PROJECT

A development with the necessary site improvements on a particular parcel of land.

PROJECTION

A prediction of a future state based on an analysis of what has happened in the past; or part of a building or structure which is exempt from the bulk requirements of the Zoning Ordinance. (COMMENT: Usually bay windows and steps may project into required yards, and mechanical equipment on roofs may exceed the height limitation.)

PROPERTY LINE

See "lot line."

PUBLIC AREAS

Public parks, playgrounds, trails, paths and other recreational areas and other public open spaces; scenic and historic sites; schools and other public buildings and structures.

PUBLIC GARAGE

See "garage, public."

PUBLIC HEARING

A meeting announced and advertised in advance and open to the public, with the public given an opportunity to talk and participate.

PUBLIC IMPROVEMENT

Any improvement, facility or service together with its associated public site or right-of-way necessary to provide transportation, drainage, public or private utilities, energy or similar essential services.

PUBLIC NOTICE

The advertisement of a public hearing in a paper of general circulation in the area, and through other media sources, indicating the time, place and nature of the public hearing.

PUBLIC UTILITY

A closely regulated private enterprise with an exclusive franchise for providing a public service.

PUBLIC UTILITY FACILITIES

Telephone, electric and cable television lines, poles, equipment and structures; water or gas pipes, mains, valves or structures; sewer pipes, valves or structures; pumping stations; telephone exchanges and repeater stations; and all other facilities, equipment and structures necessary for conducting a service by a government or a public utility.

QUADRUPLEX

See "dwelling, quadruplex."

QUARRY

A place where rock, ore, stone and similar materials are excavated for sale or for off-tract use. See "gravel pit" and "sand pit."

QUASI-PUBLIC

A use owned or operated by a nonprofit, religious or eleemosynary institution and providing educational, cultural, recreational, religious or similar types of public programs.

REAR YARD

See "yard, rear"

REASONABLE USE DOCTRINE

A common law principle that no one has the right to use his property in a way which deprives others of the lawful enjoyment of their property.

RECREATION, ACTIVE

Leisure time activities, usually of a more formal nature and performed with others, often requiring equipment and taking place at prescribed places, sites or fields. (COMMENT: The term "active recreation" is more a word of art than a precise definition. It obviously includes swimming, tennis and other court games, baseball and other field sports and playground activities. There may be a legitimate difference of opinion as to whether park use per se may be considered active recreation, although obviously certain activities in parks clearly would qualify. Bike riding, hiking, walking and picnicking are usually not considered active recreation.)

RECREATION FACILITY

A place designed and equipped for the conduct of sports, leisure-time activities and other customary and usual recreational activities.

RECREATION FACILITY, COMMERCIAL

A recreation facility operated as a business and open to the public for a fee.

RECREATION FACILITY, PERSONAL

A recreation facility provided as an accessory use on the same lot as the principal permitted use and designed to be used primarily by the occupants of the principal use and their guests.

RECREATION FACILITY, PRIVATE

A recreation facility operated by a nonprofit organization and open only to bona fide members and guests of such nonprofit organization.

RECREATION FACILITY, PUBLIC

A recreation facility operated by a governmental agency and open to the general public.

RECREATION, PASSIVE

Any leisure-time activity not considered active.

REHABILITATION

The upgrading of a building previously in a dilapidated or substandard condition, for human habitation or use.

RELIGIOUS USE

A structure or place in which worship, ceremonies, rituals and education pertaining to a particular system of beliefs are held.

REPAIR GARAGE

See "garage, repair."

RESEARCH LABORATORY

An establishment or other facility for carrying on investigation in the natural, physical or social sciences, or engineering and development as an extension of investigation with the objective of creating end products.

RESIDENTIAL DENSITY

The number of dwelling units per acre of residential land. (COMMENT: The density must be further defined in terms of net or gross. See "density.")

RESIDENTIAL UNIT

See "household."

RESORT

A facility for transient guests where the primary attraction is generally recreational features or activities.

RESOURCE RECOVERY

The process of obtaining materials or energy, particularly from solid waste.

REST HOME

See "nursing home."

RESTAURANT

An establishment where food and drink are prepared, served and consumed primarily within the principal building. See "carry-out restaurant," "drive-in restaurant," "fast-food restaurant" and "retail food establishment."

RESTORATION

The replication or reconstruction of a building's original architectural features. (COMMENT: Restoration is usually used to describe the technique of preserving historic buildings. Rehabilitation, which also accomplishes building upgrading, does not necessarily retain the building's original architectural features. See "rehabilitation.")

RETAIL FOOD ESTABLISHMENT

Any fixed or mobile place or facility at or in which food or drink is offered or prepared for retail sale or for service with or without charge on or at the premises or elsewhere. (COMMENT: Agricultural markets, covered dish suppers or similar-type of church or nonprofit-type institution meal services usually are exempt and fall under the definition of a "temporary retail food establishment.")

RETAIL SERVICES

Establishments providing services or entertainment, as opposed to products, to the general public, including eating and drinking places, hotels and motels, finance, real estate and insurance, personal services, motion pictures, amusement and recreation services, health, educational and social services, museums and galleries.

RETAINING WALL

A structure constructed to hold back or support an earthen bank.

REUSE

A use for an existing building or parcel of land other than for which it was originally intended.

REZONE

To change the zoning classification of particular lots or parcels of land.

RIDGE LINE

The intersection of two roof surfaces forming the highest horizontal line of the roof. (See Figure 26.)

RIDING ACADEMY

An establishment where horses are boarded and cared for and where instruction in riding, jumping and showing is offered and the general public may, for a fee, hire horses for riding.

RIGHT OF ACCESS

The legal authority to enter or leave a property.

RIGHT-OF-WAY

(1) A strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied or occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, waterline, sanitary storm sewer and other similar uses;

(2) Generally, the right of one to pass over the property of another. (See Figure 1.)

RIGHT-OF-WAY LINES

The lines that form the boundaries of a right-of-way. (See Figure 1.)

ROAD

See "street."

ROOF

The outside top covering of a building. (See Figure 26.)

ROOF, FLAT

A roof which is not pitched and the surface of which is parallel to the ground. (See Figure 26.)

ROOF, GABLE

A ridged roof forming a gable at both ends of the building. (See Figure 26.)

ROOF, GAMBREL

A gabled roof with two slopes on each side, the lower steeper than the upper. (See Figure 26.)

ROOF, HIP

A roof with sloping ends and sides. (See Figure 26.)

ROOF, MANSARD

A roof with two slopes on each of four sides, the lower steeper than the upper. (See Figure 26.) (COMMENT: In current use, the upper slope may be flat.)

ROOF, SHED

A roof with one slope. (See Figure 26.)

ROOMING HOUSE

See "boardinghouse."

ROOMING UNIT

Any habitable room or group of rooms forming a single habitable unit, used or intended to be used for living and sleeping, but not for cooking or eating.

ROW HOUSE

See "dwelling, townhouse."

SAND PIT

A surface mine or excavation used for the removal of sand, gravel or fill dirt for sale or for use off-tract. See "gravel pit" and "quarry."

SANITARY LAND FILL

A site for solid waste disposal.

SANITARY SEWERS

Pipes that carry only domestic or commercial sewage and into which stormwater, surface water and groundwaters are not intentionally admitted. See "sewer."

SCHOOL, PAROCHIAL

A school supported and controlled by a church or religious organization. See "school, private."

SCHOOL, PRIVATE

Any building or group of buildings, the use of which meets state requirements for primary, secondary or higher education and which use does not secure the major part of its funding from any governmental agency.

SCREENING

(1) A method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms or densely planted vegetation; or

(2) The removal of relatively coarse floating and/or suspended solids by straining through racks or screens.

SEASONAL DWELLING UNIT

A dwelling unit that lacks one or more of the basic amenities or utilities required for all year or all-weather occupancy.

SEMIDETACHED

See "dwelling, semidetached."

SEMI-PUBLIC

See "quasi-public."

SENIOR CITIZEN HOUSING

See "housing for the elderly."

SERVICE STATION

See "automobile service station."

SERVICES

Establishments primarily engaged in providing services for individuals, business and government establishments and other organizations including hotels and other lodging places; establishments providing personal, business, repair and amusement services; health, legal, engineering and other professional services; educational institutions; membership organizations, and other miscellaneous services.

SETBACK

The distance between the street right-of-way line and the front line of a building or any projection thereof, excluding uncovered steps. (See Figure 20.)

SETBACK LINE

That line that is the required minimum distance from the street right-of-way line or any other lot line that establishes the area within which the principal structure must be erected or placed. See "building line." (See Figure 20.)

SEWER

Any pipe or conduit used to collect and carry away sewage or stormwater runoff from the generating source to treatment plants or receiving streams. (COMMENT: A sewer that conveys household, commercial and industrial sewage is called a "sanitary sewer"; if it transports runoff from rain or snow, it is a "storm sewer." If stormwater runoff and sewage are transported in the same system, then it is a "combined sewer.")

SHOPPING CENTER

A group of commercial establishments planned, constructed and managed as a total entity with customer and employee parking provided on site, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements.

SIDE YARD

See "yard, side."

SIDEWALK

A paved, surfaced or leveled area, paralleling and usually separated from the street, used as a pedestrian walkway.

SIGHT TRIANGLE

A triangular-shaped portion of land established at street intersections in which nothing is erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection. (See Figure 1.)

SIGN

Any object, device, display or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images.

SIGN, ANIMATED OR MOVING

Any sign or part of a sign which changes physical position by any movement or rotation or which gives the visual impression of such movement or rotation.

SIGN AREA

The entire face of a sign, including the advertising surface and any framing, trim or molding, but not including the supporting structure.

SIGN, AWNING, CANOPY OR MARQUEE

A sign that is mounted or painted on, or attached to, an awning, canopy or marquee that is otherwise permitted by ordinance. (See Figure 27.)

SIGN, BILLBOARD

A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.

SIGN, BULLETIN BOARD

A sign which identifies an institution or organization on the premises of which it is located and which contains the name of the institution or organization, the names of individuals connected with it and general announcements of events or activities occurring at the institution or similar messages.

SIGN, BUSINESS

A sign which directs attention to a business or profession conducted, or to a commodity or service sold, offered or manufactured, or to an entertainment offered on the premises where the sign is located.

SIGN, CONSTRUCTION

A temporary sign erected on the premises on which construction is taking place, during the period of such construction, indicating the names of the architects, engineers, landscape architects, contractors or similar artisans and the owners, financial supporters, sponsors and similar individuals or firms having a role or interest with respect to the structure or project.

SIGN, DIRECTIONAL

Signs limited to directional messages, principally for pedestrian or vehicular traffic, such as "one-way," "entrance" and "exit."

SIGN, FACADE

See "sign, wall."

SIGN, FACE

The area or display surface used for the message.

SIGN, FLASHING

Any directly or indirectly illuminated sign which exhibits changing natural or artificial light or color effects by any means whatsoever.

SIGN, FREESTANDING

Any nonmovable sign not affixed to a building.

SIGN, GOVERNMENTAL

A sign erected and maintained pursuant to and in discharge of any governmental functions or required by law, ordinance or other governmental regulation.

SIGN, GROUND

Any sign, other than a pole sign, placed upon or supported by the ground independent of any other structure. (See Figure 27.)

SIGN, HOLIDAY DECORATION

Temporary signs, in the nature of decorations, clearly incidental to and customarily and commonly associated with any national, local or religious holiday.

SIGN, HOME OCCUPATION

A sign containing only the name and occupation of a permitted home occupation.

SIGN, IDENTIFICATION

A sign giving the nature, logo, trademark or other identifying symbol; address; or any combination of the name, symbol and address of a building, business, development or establishment on the premises where it is located.

SIGN, ILLUMINATED

A sign lighted by or exposed to artificial lighting either by lights on or in the sign or directed towards the sign.

SIGN, MEMORIAL

A sign, table or plaque memorializing a person, event, structure or site.

SIGN, NAME PLATE

A sign, located on the premises, giving the name or address, or both, of the owner or occupant of a building or premises.

SIGN, OFF-PREMISE

See "sign, billboard."

SIGN, ON-SITE INFORMATIONAL

A sign commonly associated with, and not limited to, information and directions necessary or convenient for visitors coming on the property, including signs marking entrances and exits, parking areas, circulation direction, rest rooms and pick-up and delivery areas.

SIGN, POLE

A sign that is mounted on a freestanding pole or other support so that the bottom edge of the sign is six feet or more above grade. (See Figure 27.)

SIGN, POLITICAL

A temporary sign announcing or supporting political candidates or issues in connection with any national, state or local election.

SIGN, PORTABLE

A sign that is not permanent, affixed to a building, structure or the ground. (See Figure 27.)

SIGN, PRIVATE SALE OR EVENT

A temporary sign advertising private sales of personal property such as "house sales," "garage sales," "rummage sales" and the like or private not-for-profit events such as picnics, carnivals, bazaars, game nights, art fairs, craft shows and Christmas tree sales.

SIGN, PROJECTING

A sign that is wholly or partly dependent upon a building for support and which projects more than 12 inches from such building. (See Figure 27.)

SIGN, REAL ESTATE

A sign pertaining to the sale or lease of the premises, or a portion of the premises, on which the sign is located.

SIGN, ROOF

A sign that is mounted on the roof of a building or which is wholly dependent upon a building for support and which projects above the point of a building with a flat roof, the eave line of a building with a gambrel, gable or hip roof or the deck line of a building with a mansard roof. (See Figure 27.)

SIGN, TEMPORARY

A sign or advertising display constructed of cloth, canvas, fabric, plywood or other light material and designed or intended to be displayed for a short period of time.

SIGN, WALL

A sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for or forms the background surface of the sign and which does not project more than 12 inches from such building or structure. (See Figure 27.)

SIGN, WARNING

Signs limited to messages of warning, danger or caution.

SIGN, WINDOW

A sign that is applied or attached to the exterior or interior of a window or located in such manner within a building that it can be seen from the exterior of the structure through a window. (See Figure 29.)

SINGLE OWNERSHIP

Ownership by one or more persons in any form of ownership of a lot or lots partially or entirely in the same ownership.

SINGLE-FAMILY DWELLING

See "dwelling, single-family."

SINKING

A method of controlling oil spills that employs an agent to entrap oil droplets and sink them to the bottom of the body of water.

SITE

Any plot or parcel of land or combination of contiguous lots or parcels of land. (See Figure 25.)

SITE PLAN

The development plan for one or more lots on which is shown the existing and proposed conditions of the lot, including topography, vegetation, drainage, floodplains, marshes and waterways; open spaces, walkways, means of ingress and egress, utility services, landscaping, structures and signs, lighting and screening devices; any other information that reasonably may be required in order that an informed decision can be made by the approving authority.

SKILLED NURSING HOME

See "extended care facility."

SLOPE

The degree of deviation of a surface from the horizontal, usually expressed in percent or degrees. See "grade." (See Figure 16.)

SOIL EROSION AND SEDIMENT CONTROL PLAN

A plan that indicates necessary land treatment measures, including a schedule for installation, which will effectively minimize soil erosion and sedimentation. See § 195-101 for special definitions.

SOLID WASTE

Unwanted or discarded material, including garbage with insufficient liquid content to be free flowing.

SPECIAL EXCEPTION USE

A use permitted in a particular zoning district only upon showing that such use in a specified location will comply with all the conditions and standards for the location or operation of such use as specified in a zoning ordinance and authorized by the Planning and Zoning Commission.

SPECIAL USE PERMIT

A permit issued by the proper governmental authority which must be acquired before a special exception use can be constructed. See "conditional use permit."

SPECIALTY SHOPPING CENTER

A shopping center whose shops cater to a specific market and are linked together by an architectural, historical or geographic theme or by a commonality of goods and services. Also known as a "theme or fashion center." See "mini-mall" and "shopping center."

SPOT ZONING

Rezoning of a lot or parcel of land to benefit an owner for a use incompatible with surrounding uses and not for the purpose or effect of furthering the Comprehensive Zoning Plan.

STEEP SLOPE

Land areas where the slope exceeds 20%. (COMMENT: Construction on slopes in excess of 20% requires additional safeguards against erosion and other potential problems.)

STORM SEWER

A conduit that collects and transports runoff.

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 the floor and the ceiling next above it and including those basements used for the principal use. (See Figure 3.)

STORY, HALF

A space under a sloping roof which has the line of intersection of the roof and wall face not more than three feet above the floor level and in which space the possible floor area with head room of five feet or less occupies at least 40% of the total floor area of the story directly beneath. (See Figure 17.)

STREET

Any vehicular way which is an existing state, county or municipal roadway; or is shown upon a plat approved pursuant to law; or is approved by other official action; or is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning Board and the grant to such board of the power to review plats; and includes the land between the street lines, whether improved or unimproved.

STREET, COLLECTOR

A street which collects traffic from local streets and connects with minor and major arterials. (See Figure 28)

STREET, CUL-DE-SAC

A street with a single common ingress and egress and with a turnaround at the end. (See Figure 28.)

STREET, DEAD-END

A street with a single common ingress and egress. (See Figure 28.)

STREET, DUAL

A street with opposing lanes separated by a median strip, center island or other form of barrier, which cannot be crossed except at designated locations.

STREET, EXPRESSWAY

A divided multi-lane major arterial street for through traffic with partial control of access and with grade separations at major intersections. (See Figure 28.)

STREET, FREEWAY

A limited access highway with no grade crossings. (See Figure 28.)

STREET FURNITURE

Man-made, above-ground items that are usually found in street rights-of-way, including benches, kiosks, plants, canopies, shelters and phone booths.

STREET HARDWARE

Mechanical and utility systems within a street right-of-way such as hydrants, manhole covers, traffic lights and signs, utility poles and lines and parking meters and the like.

STREET LINE

See "right-of way lines."

STREET, LOCAL

A street designed to provide vehicular access to abutting property and to discourage through traffic. (See Figure 32.) (COMMENT: Culs-de-sac and loop streets are both examples of local streets.)

STREET, LOOP

A local street which has its only ingress and egress at two points of the same collector street. (See Figure 32.)

STREET, MAJOR ARTERIAL

A street with signals at important intersections and stop signs on the side streets and which collects and distributes traffic to and from collector streets. (See Figure 32.)

STREET, SERVICE

A street running parallel to a freeway or expressway and serving abutting properties. (See Figure 32.)

STRIP DEVELOPMENT

Commercial or retail development, usually one-store deep, that fronts on a major street.

STRIP ZONING

See "strip development."

STRUCTURAL ALTERATION

Any change in either the supporting members of a building, such as bearing walls, columns, beams and girders, or in the dimensions or configurations of the roof or exterior walls.

STRUCTURE

A combination of materials to form a construction for use, occupancy or ornamentation, whether installed on, above or below the surface of land or water. (COMMENT: By this definition, all buildings are structures; however, not all structures are buildings. See "building.")

SUBDIVISION

The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale, development or lease. (See Figure 35.)

SUPERMARKET

A retail establishment primarily selling food as well as other convenience and household goods.

SURVEY

The process of precisely ascertaining the area, dimensions and location of a piece of land.

SWIMMING POOL

A water-filled enclosure, permanently constructed or portable, having a depth of more than eighteen inches below the level of the surrounding land or an above-surface pool, having a depth of more than thirty inches, designed, used and maintained for swimming and bathing.

TEMPORARY STRUCTURE

A structure without any foundation or footings and which is removed when the designated time period, activity or use for which the temporary structure was erected has ceased.

TEMPORARY USE

A use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period.

TERMINAL

(1) A place where transfer between modes of transportation take place;

(2) A terminating point where goods are transferred from a truck to a storage area or to other trucks or picked up by other forms of transportation.

TERRACE

A level, landscaped and/or surfaced area directly adjacent to a principal building at or within three feet of the finished grade and not covered by a permanent roof.

THEATER

A building or part of a building devoted to showing motion pictures or for dramatic, musical or live performances.

TOPOGRAPHIC MAP

A map of a portion of the earth's surface showing its topography. See "topography."

TOPOGRAPHY

The configuration of a surface area showing relative elevations.

TOPSOIL

The original upper layer of soil material to a depth of six inches which is usually darker and richer than the subsoil.

TOT LOT

An improved and equipped play area for small children usually up to elementary school age.

TOURIST HOME

See "bed-and-breakfast."

TRACT

An area, parcel, site, piece of land or property which is the subject of a development application. (See Figure 25.)

TRANSITIONAL AREA

(1) An area in the process of changing from one use to another or changing from one racial or ethnic occupancy to another; or

(2) An area which acts as a buffer between two land uses of different intensity.

TRANSITIONAL USE

A land use of an intermediate intensity between a more intensive and less intensive use. (COMMENT: Transitional uses will always include the uses from the less intensive district, usually residences, and carefully selected uses allowed in the more intensive district; the purpose being to preclude the more intensive uses from creeping into the less intensive zone. See "transitional area.")

TRIP

A single or one-way vehicle movement either to or from a subject property or study area.

TRIP GENERATION

The total number of trip ends produced by a specific land use or activity.

UNDEVELOPED LAND

Land in its natural state before development.

UPZONE

To reduce the intensity of use by decreasing density or lowering the floor area ratio or otherwise increasing bulk requirements.

USE

The purpose or activity for which land or buildings are designed, arranged or intended or for which land or buildings are occupied or maintained.

USE, ACCESSORY

See "accessory use."

USE, CONDITIONAL

See "conditional use."

USE, EXISTING

See "existing use."

USE, INSTITUTIONAL

See "institutional use."

USE, PERMITTED

See "permitted use."

USE, PRINCIPAL

See "principal use."

USE, RELIGIOUS

See "religious use."

USE, TEMPORARY

See "temporary use."

USE, TRANSITIONAL

See "transitional use."

USE VARIANCE

See "variance use."

UTILITY, PRIVATE OR PUBLIC

(1) Any agency which, under public franchise or ownership, or under certificate of convenience and necessity, provides the public with electricity, gas, heat, steam, communication, rail transportation, water, sewage collection or other similar service;

(2) A closely regulated private enterprise with an exclusive franchise for providing a public service.

UTILITY SERVICES

Establishments engaged in the generation, transmission and/or distribution of electricity, gas or steam, including water and irrigation systems and sanitary systems used for the collection and disposal of garbage, sewage and other wastes by means of destroying or processing materials.

VARIANCE

Permission to depart from the literal requirements of the Zoning Regulations.

VARIANCE, BULK

A departure from any provision of a zoning regulation except use. See "variance, hardship."

VARIANCE, HARDSHIP

A departure from the provisions of a zoning regulation relating to setbacks, side yards, frontage requirements and lot size, but not involving the actual use or structure.

VARIANCE, LOT

A departure from the yard, area, coverage, setback, size or other requirements of the applicable zoning district.

VARIANCE, USE

A variance granted for a use or structure that is not permitted in the zone.

VEST POCKET PARK

A small land area, usually in a built-up neighborhood, developed for active or passive recreation.

VOCATIONAL SCHOOL

A secondary or higher education facility primarily teaching usable skills that prepare students for jobs in a trade and meeting the state requirements as a vocational facility.

WALL

(1) The vertical exterior surface of a building;

(2) Vertical interior surfaces which divide a building's space into rooms.

WAREHOUSE

A building used primarily for the storage of goods and materials. See "mini-warehouse."

WAREHOUSING

Terminal facilities for handling freight with or without maintenance facilities.

WAREHOUSING, PRIVATE

Terminal facilities operated for a specific commercial establishment or group of establishments in a particular industrial or economic field.

WAREHOUSING, PUBLIC

Terminal facilities available to the general public, at a fee, for the storage of farm products, furniture and other household goods or commercial or private goods of any nature.

WATERCOURSE

Any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine or wash in which water flows in a definite direction or course, either continuously or intermittently, and has a definite channel, bed and banks, and includes any area adjacent thereto subject to inundation by reason of overflow or floodwater.

WATERFRONT PROPERTY

A property that has frontage on a water body.

WATERSHED

The area drained by a given stream or river. See "river basin."

WETLANDS

Swamps or marshes, especially as areas preserved for wildlife.

WHOLESALE TRADE

Establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional or professional business users or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.

YARD

An open space that lies between the principal or accessory building or buildings and the nearest lot line. Such yard is unoccupied and unobstructed from the ground upward except as may be specifically provided in the zoning ordinance. See "buildable area," "lot line," "yard depth" and "yard line." (See Figure 20.)

YARD DEPTH

The shortest distance between a lot line and a yard line.

YARD, FRONT

A space extending the full width of the lot between any building and the front lot line and measured perpendicular to the building at the closest point to the front lot line. Such front yard is unoccupied and unobstructed from the ground upward except as may be permitted elsewhere in the ordinance. (See Figure 20)

YARD LINE

A line drawn parallel to a lot line at a distance therefrom equal to the depth of the required yard. (See Figure 20.)

YARD, REAR

A space extending across the full width of the lot between the principal building and the rear lot line and measured perpendicular to the building to the closest point of the rear lot line. Such rear yard is unoccupied and unobstructed from the ground upward except as may be permitted elsewhere in the ordinance. (See Figure 20.) (COMMENT: See comment under "yard, front.")

YARD, REQUIRED

The open space between a lot line and the buildable area within which no structure shall be located except as provided in the Zoning Ordinance. (See Figure 20.)

YARD, SIDE

A space extending from the front yard to the rear yard between the principal building and the side lot line measured perpendicular from the side lot line to the closest point of the principal building. Such side yard is unoccupied and unobstructed from the ground upward except as may be permitted elsewhere in the ordinance. (See Figure 20.)

ZERO LOT LINE

The location of a building on a lot in such a manner that one or more of the building's sides rests directly on a lot line. (See Figure 30.)

ZONE

A specifically delineated area or district in a municipality within which regulations and requirements uniformly govern the use, placement, spacing and size of land and buildings. See "floating zone."

ZONING

The dividing of a municipality into districts and the establishment of regulations governing the use, placement, spacing and size of land and buildings.

ZONING BOARD OF APPEALS

See "board of appeals."

ZONING DISTRICT

See "zone."

ZONING ENVELOPE

The three-dimensional space within which a structure is permitted to be built on a lot and which is defined by maximum height regulations, yard setbacks and sky exposure plane regulations.

ZONING MAP

The map or maps which are part of the Zoning Ordinance and which delineate the boundaries of zone districts.

ZONING OFFICER

The administrative officer designated to administer the Zoning Ordinance and issue zoning permits.

ZONING PERMIT

A document signed by the Zoning Officer, as required in the Zoning Ordinance, as a condition precedent to the commencement of a use or the erection, construction, reconstruction, restoration, alteration, conversion or installation of a structure or building, which acknowledges that such use, structure or building complies with the provisions of the municipal zoning or authorized variance therefrom.

[1] Editor's Note: See Building Construction.

B. Word usage. Unless the context clearly indicates the contrary, the present tense shall include the future; the singular shall include the plural; the word "lot" shall include the word "plot"; the word "structure" shall include the word "building"; the word "shall" is always mandatory and not directory; the word "may" is permissive. The word "use" and the word "used" refer to any purpose for which a lot or land or part thereof is arranged, intended or designed to be used, occupied, maintained, made available or offered for use; and to any purpose for which a building or structure or part thereof is arranged, intended or designed to be used, occupied, maintained, made available or offered for use, or erected, reconstructed, altered, enlarged, moved or rebuilt, with the intention or design of using the same.