This chapter is enacted pursuant to Article 16 of the Town Law
to further the purposes set forth therein, including but not limited
to the following:
A.
Lessen congestion in the streets.
B.
Secure safety from fire, etc.
C.
Provide for the health and the general welfare.
D.
Provide adequate light and air.
E.
Prevent overcrowding of land.
F.
Facilitate adequate provision of transportation, water, sewerage,
schools and parks.
G.
Prescribe penalties for the violation of its provisions.
For the purpose of this chapter, certain terms and words shall
be interpreted to have the following meanings: Words used in the present
tense include the future; the plural includes the singular; the word
"plot" includes the word "lot"; the word "building" includes the word
"structure"; the word "occupied" includes the words "designed, intended
or arranged for occupancy"; and the word "person" may include more
than one, an association, a copartnership or a corporation.
A.
Terms not defined. Except as otherwise defined by this section, all
words used in this chapter shall have the meanings listed in Webster's
Seventh New Collegiate Dictionary.
B.
ACCESSORY BUILDING
ACCESSORY USE
AIRPORT
ALTERATIONS
ANIMAL HOSPITAL
AREA REGULATIONS
AUTO BODY SHOP
AUTO SHOWROOM
AUTO WRECKING YARD
BASEMENT
BOARDINGHOUSE
BREWERIES
BUILDING
BUILDING COVERAGE
BUILDING, FRONT LINE OF
BUILDING, HEIGHT OF
BUILDING-INTEGRATED SOLAR ENERGY SYSTEM
BUILDING, PRINCIPAL
CAMP
CAMPGROUND
CAR LOT
CHANNEL
COMMERCIAL LAUNDRY
COMMON OPEN SPACE
COMMUNITY CENTERS
CONDOMINIUM
CONVENIENCE STORE
DAY CAMP
DEBRIS
DEVELOPER
DUMP
DWELLING, MULTIPLE
DWELLING, ONE-FAMILY
DWELLING, TWO-FAMILY
DWELLING UNIT
ELECTRICAL DISTRIBUTION SUBSTATION
FAMILY
(1)
(2)
(3)
FARM
FARMING, FARM USE OR OCCUPANCY
FARM POND (AS DISTINGUISHED FROM SWIMMING POOL)
FLOOR AREA
FLOOR AREA RATIO
FLUSH-MOUNTED SOLAR ENERGY SYSTEM
FUNERAL PARLOR
GARAGE, COMMERCIAL
GARAGE, PRIVATE
GRADE, MEAN FINISHED
GROSS LEASABLE AREA
GROUND-MOUNTED SOLAR ENERGY SYSTEM
HIGHWAY RIGHT-OF-WAY
HOME OCCUPATION
(1)
(2)
(3)
(4)
HOMEOWNERS' ASSOCIATION
HOSPITAL
HOTEL
JUNKYARD
KENNEL
LANDSCAPING
LAUNDROMAT
LAUNDRY COLLECTION STATION
LIVING AREA
LOADING SPACE
LOT
LOT, CORNER
LOT DEPTH
LOT LINE
LOT LINE, FRONT
LOT WIDTH
MASTER PLAN
MINING
MOBILE HOME
MOBILE HOME PARK
MODULAR HOME
MOTEL
MOTOR FREIGHT STATION
MOTOR VEHICLE
NET METERING
NONCONFORMING BUILDING
NONCONFORMING USE
OFFICE BUILDING
OPEN SPACE RECREATIONAL USES
OPEN STORAGE
PARCEL OF LAND
PARKING LOT
PARKING SPACE, OFF-STREET
PLAN
PLOT
PRIVATE SWIMMING POOL
PROFESSION
PUBLIC AND SEMIPUBLIC USE
PUBLIC UTILITY USE
QUALIFIED SOLAR INSTALLER
REAR YARD DEPTH
RECREATIONAL AREAS
RESIDENTIAL DISTRICT
RESTAURANT
RETAIL STORE
ROAD, ARTERIAL
ROAD, COLLECTOR
ROAD, LOCAL
ROOFTOP-MOUNTED SOLAR ENERGY SYSTEM
SCREENING
SHOPPING CENTER
SIDE YARD WIDTH
SITE PLAN
SKETCH PLAN
SOLAR ACCESS
SOLAR COLLECTOR
SOLAR ENERGY SYSTEM
SOLAR FARM
SOLAR PANEL
SOLAR SKYSPACE
SOLAR STORAGE BATTERY
STABLE
STREET
STREET, CENTER LINE OF
STREET LINE
STRUCTURE
SWIMMING POOL
THEATER
THEATER, OUTDOOR DRIVE-IN
TOWNHOUSE
TRAVEL TRAILER
WAREHOUSE
WHOLESALE ESTABLISHMENT
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
A detached building housing an accessory use.
A use customarily incidental and subordinate to the principal
use and located on the same lot with such principal use.
Any portion of land specifically designed and continually
used for the landing and taking off of aircraft.
As applied to a building or structure, means a change or
rearrangement in the structural parts or in the existing facilities,
other than repairs, or an enlargement, whether by extending on a side
or by increasing height, or the moving from one location or position
to another.
Structure for the care and treatment of animals.
The regulation of building size, setbacks or yards, parking
and loading requirements and similar regulations, but excluding performance
standards.
The use of a parcel of land or portion of any parcel of land,
whether inside or outside a building, for the replacement, repair
or painting of all or a portion of auto body or bodies.
A building for the display and sale of new and secondhand
motor vehicles as defined in the Vehicle and Traffic Law of the State
of New York.
The use of any parcel of land or portion of any parcel for
the dismantling, cutting, demolition and burning of automobiles and
storage of the same prior to and after completion of said processes.
That floor of a building which has more than half of its
height, measured from floor to ceiling, below the average established
curb level or finished grade of the ground adjoining the building.
Cellars are included in this definition.
A dwelling in which rooms, with or without board, are offered
for rent. Rooming houses, dwellings rented out on a transient basis,
dwellings rented for single-room occupancy and bed-and-breakfast dwellings
are included in this definition. For purposes of this definition,
"transient basis" shall mean the leasing of rooms or a portion of
a dwelling to individuals for a term of less than three months, or
where the tenant does not move his or her furniture, possessions and
belongings into the dwelling with the intention of making it the tenant's
official residence.
[Amended 7-12-2000 by L.L. No. 5-2000]
A building for the enclosed process of making alcoholic beverages,
bottling, packaging and delivery, including the storage of plant-owned
vehicles.
Any structure which is permanently affixed to the land and
is covered by a roof supported by columns or by walls and intended
for shelter, housing or enclosure of persons, animals or chattels.
That portion of a parcel occupied by a building as measured
by the projection of the outermost walls to ground level. "Building
coverage" is customarily expressed as a percentage of total parcel
area.
The line of that face of the building nearest the front line
of the lot. This face shall include bay windows, covered porches whether
closed or unclosed, or any projections thereof which are over 50 square
feet in floor area.
The vertical distance from the mean finished grade at the
front line of a building to the horizontal projection of the highest
structural part of the building.
A solar energy system incorporated into and becoming part
of the overall architecture, design and structure of a building in
manner that the solar energy system is a permanent and integral part
of the building structure.
[Added 4-12-2017 by L.L.
No. 3-2017]
A building in which the principal use of the lot on which
it is located is conducted.
Any parcel or parcels of land or water on which are located
two or more cabins, tents, travel trailers, houseboats or other accommodations
of a design or character suitable for seasonal or temporary recreationally
oriented occupancy regardless of whether such accommodations are actually
occupied on a seasonal basis or otherwise.
A parcel of land used or intended to be used, let or rented
for campers or for occupancy by or of trailers, tents or movable or
temporary dwellings, rooms or sleeping quarters of any kind.
A parcel of land for public selling or offering for sale
of two or more vehicles at any one time.
A natural or artificial watercourse of perceptible extent
with a definite bed and banks to confine and conduct continuously
or periodically flowing water.
A building or part of building, not otherwise defined, used
for the cleaning of clothing or household goods for profit.
An area reserved for use by patrons, customers, residents
or the general public, suitably landscaped and exclusive of building
coverage, parking areas or driveways.
A public or private building or structure for community use
with no commercial activities being conducted therein.
See definition of "dwelling, multiple."
A commercial retail use which combines the sale of beverages,
dairy and baked goods, snack foods, packaged grocery items and daily
household items which may also be accompanied by the sale of motor
vehicle fuel and accessory substances for motor vehicles.
[Added 1-10-2007 by L.L. No. 1-2007]
Land and facilities thereon designed to provide for the daytime
care and instruction of children on a seasonal basis.
Accumulated rubbish, waste from construction process or deteriorated
materials.
[Added 6-9-1993 by L.L. No. 3-1993]
The legal owner or owners of all of the land proposed to
be included in a development proposal. The holder of an option or
contract to purchase, a lessee having a remaining term of not less
than 20 years or other person having an enforceable proprietary interest
in such land shall be deemed to be a "developer" for the purposes
of this chapter.[1]
A lot or part thereof used primarily for the storage or disposal,
by abandonment, dumping, burying or any other means and for whatever
purpose, of garbage, sewage, trash, refuse, junk, discarded machinery,
vehicles or parts of vehicles.
A building or portion thereof containing three or more dwelling
units.
A detached building containing one dwelling unit.
A detached building containing two dwelling units.
A building or portion thereof providing complete housekeeping
facilities for one family.
A place, with or without a building, where equipment is assembled
or placed and designed to receive energy from a high-voltage distribution
supply system so as to convert it to a form suitable for local distribution
and to distribute the energy to feeders through switching equipment
designed to protect the service from the effects of faults.
[Amended 3-14-1990]
Any number of individuals related by blood, marriage or adoption
and their domestics and servants, if any, living and cooking together
on the premises as a single housekeeping unit.
Not more than two persons, living and cooking together on the
premises as a single housekeeping unit though not related by blood,
marriage or adoption; or
More than two persons not related by blood, marriage or adoption, living together on the premises as a functional family unit subject to the issuance of a special permit by the Town Zoning Board of Appeals pursuant to the standards enumerated in § 103-14H of the Town of Oneonta Zoning Ordinance.
Any parcel of land which is in excess of 10 acres and used
principally for the raising of agricultural products or the keeping
of poultry, fowl, livestock or domestic animals, including necessary
farm structures and the storage of farm equipment.
Any activity customarily carried on upon a farm, such as
cultivation of land and animal husbandry.
Any standing body of water used for the purposes of watering
livestock, fishpond or wildlife marsh.
The sum of the gross horizontal areas of the several floors
in any building, including the basement of a building and its accessory
buildings on the same lot, and including the area of roofed porches,
roofed terraces, elevator shafts and stairwells (at each floor), attics
and floor space used for mechanical equipment where there is structural
headroom of seven feet six inches or more. All dimensions shall be
measured between exterior faces of walls.
The total aggregate floor area of all buildings on a lot
divided by the area of such lot.
A rooftop-mounted solar energy system with solar panels which
are installed flush to the surface of a roof and which cannot be angled
or raised.
[Added 4-12-2017 by L.L.
No. 3-2017]
A building used for preparation and ceremonies connected
with the burial and/or cremation of the dead.
Any garage operated for gain and which is used for storage,
repair, sale, greasing, washing, servicing, adjusting or equipping
of motor vehicles and/or for the retail sale of fuel for motor vehicles.
Gasoline stations are included in this definition.
An enclosed space for the storage of one or more motor vehicles
and within which space no business activity or industry connected
directly or indirectly with motor vehicles is conducted.
The average grade level of the ground measured at the front
wall of the building.
That area available for lease, rent or use as retail or office
or for other commercial activities consistent with this chapter, by
tenant or owner. It shall exclude areas assessed for maintenance,
rest rooms or pedestrian malls and corridors.
[Added 2-12-1992 by L.L. No. 5-1992]
A solar energy system that is affixed to the ground either
directly or by mounting devices and which is not attached or affixed
to a building or structure.
[Added 4-12-2017 by L.L.
No. 3-2017]
That line which measures the right-of-way of any road and
which is established by the town, county or state agency having jurisdiction
over the road.
An occupation or profession customarily conducted entirely
within a dwelling, which use is clearly incidental and secondary to
the use of the dwelling for dwelling purposes and does not change
the character thereof. The office of a physician, dentist, lawyer,
architect, engineer, realtor, insurance agent or other professional
person who offers skilled services to clients and is not professionally
engaged in the purchase or sale of economic goods shall be deemed
to be "home occupations"; and the occupations of seamstress, tailor,
child care, barber, beautician, tutoring, the giving of music or dance
instruction limited to two pupils at one time and similar occupations
shall be deemed to be "home occupations." Occupations such as cabinetmaking,
furniture repair, animal hospital or kennel, florist, auto repair
shop, vehicle sales, restaurant, tavern, store, funeral home, mortuary
or other similar uses shall not be deemed "home occupations." Furthermore:
No more than 1/2 of the floor area of the principal building
shall be so used for said home occupation.
In the conduct of said activity no more than one person outside
of the family residing on the premises shall be employed.
In the conduct of such activity there shall not be any exterior
storage of materials or equipment.
No exterior sign or display shall be permitted except as provided
by appropriate ordinance of the Town of Oneonta.
A contract agreed to by two or more owners of homes in any
area that provides regulations for the operation and maintenance of
commonly owned facilities and/or open space.
Any building whose principal purpose is the diagnosis, treatment
or care of human ailments or conditions. Primary care facilities,
nursing homes, convalescent homes, clinics and like facilities are
included in this definition.
A building or any portion thereof which contains living and
sleeping accommodations for transient occupancy and has a common exterior
entrance or entrances and which may also include dining rooms, kitchens,
serving rooms, ballrooms and other facilities and services intended
primarily for the accommodation of the personal needs of its occupants.
Any parcel of land, including buildings thereon, which is
used primarily for the collecting, storage or sale of wastepaper,
rags, scrap metal or discarded material, or for collecting, storage,
dismantling or salvaging of machinery or vehicles not in running condition
and the sale of parts therefrom. The deposit on a lot of two or more
wrecked or broken-down vehicles or the major parts thereof for three
or more months will be deemed to make the lot a "junkyard."
A building, enclosure or land used for the business of boarding
four or more animals over six months of age.
[Added 8-13-1997 by L.L. No. 4-1997]
The act of altering or changing the natural features of a
plot of ground (usually around a building), as by adding lawns, trees,
bushes, etc. This definition does not include within the term "altering"
such things as maintenance or replacement.
A business premises equipped with individual clothes washing
machines for the use of retail customers.
A building in which clothes and household goods are collected
and returned and services are paid for while actual laundering may
occur on separate premises.
That area comprised of the enclosed occupied living accommodations
within a residence, exclusive of basements, garages and open porches.
An off-street space, area or berth, with an appropriate means
of access to a street or way, intended for the temporary parking of
a vehicle while loading or unloading merchandise or materials.
See "parcel of land."
A double-frontage lot where two or more sides are formed
by intersecting street lines or their projections and the interior
angle of said lines is 135° or less.
The mean horizontal distance between the front and rear lot
lines measured along the median between the two side lot lines.
The established division line between different parcels or
property.
The lot line abutting a public street or highway right-of-way.
On corner or double-frontage lots, this shall be the smaller of the
lot lines abutting such rights-of-way or the line abutting the street
upon which a majority of adjacent lots front, whichever is more appropriate.
The mean horizontal distance measured at right angles to
the lot depth along the front lot line.
The officially adopted Master Plan of the Town of Oneonta,
New York.
The removal of topsoil or extraction of petroleum products
or natural gas and/or underground minerals such as ores, rock, sand
or gravel, whether by drilling, tunneling or open pit methods.
Any portable vehicle which is designed to be transported
on its own wheels or those of another vehicle, which is used, designed
to be used and capable of being used as a detached single-family residence
and which is intended to be occupied as permanent living quarters
containing one or more of the following facilities: sleeping accommodations,
a flush toilet, a tub or shower, kitchen facilities, plumbing or electrical
connections for attachment to outside systems. This definition of
"mobile homes" includes all additions which are purchased and added
thereto or additions made subsequent to installation. This definition
does not include modular housing placed on a standard foundation or
travel trailer.
Any parcel of land, with or without improvements, upon which
two or more mobile homes used for dwelling purposes are placed.
A housing unit constructed off-site consisting of more than
one segment and designed to be permanently anchored to a foundation
and to become a fixed part of the real estate and which meets all
the standards of the New York State Building Code.
A building or series of buildings serving the same functions
as a hotel but providing separate outside entrances to individual
or small groups of rooms. The term "motel" includes auto courts, motor
courts, motor inns or lodges and tourist cabins or courts.
An area or building used primarily for the maintenance and/or
storage of trucks, tractor-trailer vehicles and parts for tractor-trailer
vehicles and industrial materials.
Every vehicle originally designed or intended to be operated,
drawn or driven or capable of being operated, drawn or driven upon
a public highway by any power other than muscular power. For the purposes
of this article, the term "motor vehicle" shall include but shall
not be limited to automobiles, trucks, buses, motorcycles and trailers.
[Added 8-9-1989]
A billing arrangement that allows solar customers to receive
credit for excess electricity which is generated from the customer's
solar energy system and delivered back to the grid so that customers
only pay for their net electricity usage for the applicable billing
period.
[Added 4-12-2017 by L.L.
No. 3-2017]
A building or structure existing at the time of enactment
of this chapter or as a result of amendments thereto which does not
conform to the regulations of the district or zone in which it is
situated.
A use of land existing at the time of enactment of this chapter
or as a result of amendments thereto which does not conform to the
regulations of the district or zone in which it is situated.
A building that is divided into offices, either single or
suites, for the transaction of business other than for mercantile
or manufacturing purposes where merchandise is on display and offered
for sale. Offices used for a professional business or for public or
semipublic activities in whole or part are included in this definition.
Low-impact outdoor recreational uses, such as golf courses,
golf driving ranges, ski slopes, riding stables and similar outdoor
recreational activities. Buildings and other amenities associated
with open space recreational uses must be ancillary and subordinate
to the main outdoor recreational activity.
[Added 10-12-2005 by L.L. No. 8-2005]
Storage other than in a completely enclosed structure, such
as garage, and such structure shall be constructed of wood, masonry
or metal.
[Added 8-9-1989]
Any area of land as described by deed or other written indenture
capable of being recorded pursuant to the laws of the State of New
York. Should such deed or written indenture combine descriptions of
more than one area of land, whether they be adjoining or separate,
each such separately defined area of land shall be a "parcel of land."
Any space used for the storage of more than three vehicles
on a continuing basis, such space being either for hire or accessory
to an existing building or use of land.
An off-street area or berth, with an appropriate means of
vehicular access to a street, intended for the temporary storage of
vehicles.
The design of a development, including a plat of subdivision,
all covenants relating to use, location and bulk of buildings and
other structures, intensity of use or density of development, private
streets, ways and parking facilities. The phrase "provisions of the
plan" when used in this chapter shall mean the written and graphic
materials referred to in this definition.
See "parcel of land."
A pool constructed on a parcel of land designed to be used
by the occupants of the lot, excluding public or club use.
A vocation, occupation or employment involving labor, skill,
education, special knowledge and compensation for profit, but the
labor and skill involved is predominantly mental or intellectual rather
than physical or manual.
Land use or buildings under the auspices of a governmental
unit, public agency or those involving public benefit or advantage.
Hospitals, schools, parks and recreational facilities, cemeteries,
passenger stations, libraries, fire stations, public utility installations,
government offices or facilities, philanthropic institutions, places
of worship, community centers, day nurseries and like uses are included
in this definition.
A building, structure or lot used for or in connection with
the transmission, distribution or regulation of water, sewer, gas,
electric, telephone or other public utility service.
A person who has skills and knowledge related to the construction
and operation of solar energy systems (and the components thereof)
and installations and has received safety training on the hazards
involved. Persons who are on the list of eligible photovoltaic installers
maintained by the New York State Energy Research and Development Authority
(NYSERDA), or who are certified as a solar installer by the North
American Board of Certified Energy Practitioners (NABCEP), shall be
deemed to be qualified solar installers for the purposes of this definition.
Persons who are not on NYSERDA's list of eligible installers or NABCEP's
list of certified installers may be deemed to be qualified solar installers
if the Town Code Enforcement Officer or such other Town officer or
employee as the Town Board designates determines such persons have
had adequate training to determine the degree and extent of the hazard
and the personal protective equipment and job planning necessary to
perform the installation safely. Such training shall include the proper
use of special precautionary techniques and personal protective equipment,
as well as the skills and techniques necessary to distinguish exposed
energized parts from other parts of electrical equipment and to determine
the nominal voltage of exposed live parts.
[Added 4-12-2017 by L.L.
No. 3-2017]
The distance between the rear lot line and the nearest point
of a principal building.
Land or structures designed for recreation of any age groups.
Any zoning district within which a one-family dwelling is
permitted as a principal use.
A building or portion of a building wherein food or beverages
are available for on-site consumption, including drive-in food service.
Any building or permanent structure or portion thereof in
which one or more services or one or more articles of merchandise
are sold at retail, including department stores. Retail outlets in
which minor manufacturing or processing is incidental to the sale
of goods or services on the same premises are included in this definition.
A street, road or highway designated as an arterial road
on the Town Official Map or constructed or proposed for construction
to arterial standards in compliance with the Town subdivision regulations.[2]
A street, road or highway designated as a collector road
on the Town Official Map or constructed or proposed for construction
to collector standards in compliance with the Town subdivision regulations.
A street, road or highway designated as a local road on the
Town Official Map or constructed or proposed for construction to local
road standards in compliance with the Town subdivision regulations.
A solar energy system in which solar collectors/panels are
mounted on the roof of a building or structure either as a flush-mounted
system or as panels fixed to frames which can be tilted to maximize
solar collection. Rooftop-mounted solar energy systems shall be wholly
contained within the limits of the building's or structure's roof
surface.
[Added 4-12-2017 by L.L.
No. 3-2017]
Fences, bushes, trees or other natural and/or artificial
material which partially or completely obscures the visual character
of any given building or use of land.
A retail shopping area of integrated design and development
for retail shops together with other additional uses such as personal
service establishments, professional and business offices, banks,
post offices, restaurants, theaters and auditoriums housed in an enclosed
building or buildings of not less than 10,000 square feet and utilizing
such common facilities as customer parking, pedestrian walks, loading
and unloading space, utilities and sanitary facilities.
[Amended 12-8-2004 by L.L. No. 18-2004]
The distance between the side line of the lot and the nearest
point of a principal building.
A detailed plan showing the location of existing and/or proposed structures, parking areas, lighting, landscaping and other development of a parcel of land. Distinct from a plat in its greater degree of detail, a "site plan" must be executed as specified in Article XVI.
[Added 2-12-1992 by L.L. No. 5-1992]
A drawing, not necessarily drafted by a surveyor or engineer,
showing in reasonable detail acceptable to the Planning Board the
existing and/or proposed structures, lighting, landscaping and other
development of a parcel of land for informational, not legal, purposes.
[Added 2-12-1992 by L.L. No. 5-1992]
Space open to the sun and clear of overhangs or shade, including
the orientation of streets and lots to the sun so as to permit the
use of active and/or passive solar energy systems on individual properties.
[Added 4-12-2017 by L.L.
No. 3-2017]
A solar photovoltaic cell, panel, or array or solar hot air
or water collector device, which relies upon solar radiation as an
energy source for the generation of electricity or transfer of stored
heat.
[Added 8-14-2012 by L.L. No. 4-2012; amended 4-12-2017 by L.L. No. 3-2017]
A complete system of solar collectors, panels, controls, energy devices, heat pumps, heat exchangers, and other materials, hardware or equipment necessary to the process by which solar radiation is collected and converted into another form of energy, including but not limited to thermal and electrical, stored and protected from dissipation and distributed. For the purposes of this article, a solar energy system does not include any solar energy system of four square feet in size or less. A solar energy system shall be considered a structure pursuant to the definition of "building" in Chapter 18, § 18-3.
[Added 4-12-2017 by L.L.
No. 3-2017]
A solar energy system or collection of solar energy systems
or area of land principally used to convert solar energy to electricity,
whether by photovoltaics, concentrating solar thermal devices or various
experimental solar technologies, with the primary purpose of supplying
electricity to a utility grid for wholesale or retail sales of electricity
to the general public or utility provider. A solar farm shall not
be considered an essential service.
[Added 4-12-2017 by L.L.
No. 3-2017]
A device which converts solar energy into electricity.
[Added 4-12-2017 by L.L.
No. 3-2017]
The space between a solar energy system and the sun through
which solar radiation passes.
[Added 4-12-2017 by L.L.
No. 3-2017]
A device that stores energy from the sun and makes it available
in an electrical form.
[Added 4-12-2017 by L.L.
No. 3-2017]
A building or structure in which domestic livestock are housed.
Any public way dedicated to public vehicular travel or otherwise
acquired by a municipality for highway use purposes. "Street" shall
be taken as synonymous with road or highway.
The line determined by connecting the midpoints of the surfaced
portion of any street, road or highway.
Limit of street or highway right-of-way line. For the purpose
of this chapter "street line" shall be the highway right-of-way line.
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground.
Any body of water or receptacle for water having a depth
at any point greater than two feet, used or intended to be used for
swimming and constructed, installed or maintained in or above the
ground. A "swimming pool" shall be deemed a structure for all purposes
under the provisions of this chapter.
A place of assembly for the showing of movies and the production
of plays and special events.
An open lot or part thereof with its appurtenant facilities,
devoted primarily to the showing of movies or theatrical productions
to patrons seated in automobiles or outdoor seats.
A building or dwelling designed for occupation by no more
than one family, attached to other similar buildings or dwellings
in a row of at least three such units, each on its own separate lot
of record with its own front and rear outside access and separated
from any other unit by one or more common walls.
[Amended 12-13-2006 by L.L. No. 10-2006]
Any portable vehicle which is designed to be transported
on its own wheels, which is designed and intended to be used for temporary
living quarters for travel, recreation or vacation purposes and which
may or may not include all of the accommodations and facilities included
in a mobile home. The term "travel trailer" shall include self-propelled
recreational motor homes.
A building or portion thereof designed or used for the storage
of merchandise, supplies or other commodities.
A building or buildings used as a wholesale distribution
center.
An open space on the same lot with a building, unoccupied
and unobstructed from the ground upward except as otherwise provided
herein.
The area lying between the building front line and the street
line. The minimum "front yard" required by this chapter shall be measured
perpendicular to the street line at a point midway between side lot
lines and shall be bounded by the front lot line, side lot lines and
a line parallel to the front lot line at the required perpendicularly
measured depth.
The area lying between the rear lot line and the rearmost
part of a principal building. The minimum required "rear yard" shall
be measured perpendicular to the rear lot line at a point midway between
side lot lines and shall be bounded by the rear lot line, side lot
lines and a line parallel to the rear lot line at the required perpendicularly
measured depth.
The area lying between a side lot line and the nearest part
of a principal building. A required minimum "side yard" shall be measured
perpendicular to the side lot line at a point midway between the points
at which the lines demarking the required minimum front and rear yards
intersect the side lot line, and shall be bounded by said lines and
a line parallel to the side lot line at the required perpendicularly
measured depth.
