Words used in the present tense include the
future; the singular number shall include the plural and the plural
the singular; the word "structure" shall include the word "building";
the word "used" shall include "arranged," "designed," "constructed,"
"altered," "converted," "rented," "leased" or "intended to be used";
and the word "shall" is mandatory and not optional.
Unless the context otherwise requires, the following
definitions shall be used in the interpretations and construction
of this chapter:
A separate dwelling unit, in conformity with § 230-27, which is subordinate in size and intensity of use to the primary use of the building in which it is located.
A structure detached from a principal building on the same
lot and serving a purpose customarily incidental and subordinate to
the principal building or use.
A use of land or of a building or portion thereof customarily
incidental and subordinate to the principal use of the land or building
and located on the same lot with such principal use.
An underground bed or stratum of earth, gravel or porous
stone that contains water.
A structure or part of a structure primarily for the sale
or dispersing of liquor by the drink.
A single structure affording overnight accommodations and
limited food services to guests only, as provided for in this chapter.
An officially constituted body whose principal duties are
to consider requests for variances from the strict application of
this chapter.
A structure designed for the feeding, housing and exercising
of horses that are not owned by the owner of the premises.
A vessel capable of carrying one or more people and intended
for use on or in water.
The vertical distance measured from the mean level of the
ground surrounding the building to a point midway between the highest
and lowest point of the roof, not including chimneys, spires, towers,
tanks and similar projections.
A structure in which is conducted the principal use of the
site on which it is situated. In any residential district, any dwelling
shall be deemed to be a principal building on the lot on which the
same is located.
Land area used to visibly separate one use from another or
to shield or block lights, noise or other nuisances.
Signs located at intersections providing directions to businesses
on nearby streets.
Buildings in which the primary or intended occupancy or use
is the transaction of administrative, business, civic or professional
service and where the handling of goods, wares or merchandise, in
limited quantities, is incidental to the primary occupancy or use.
Standards that control the height, density, intensity and
location of structures.
A motorized, self-propelled vehicle containing sleeping and
other facilities for habitation.
A building, or portion thereof, used by a 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).
A residential subdivision of a tract of land where housing
units are grouped on lots of reduced dimensions. The remaining land
in the tract which is not built upon is reserved as permanently protected
open space.
A building providing rental housing for the elderly, sometimes
called "enriched housing," that allows individuals to maintain their
independence through provision of private or semiprivate rooms, shared
dining and certain other shared facilities.
A commercial vehicle customarily used in the construction
trades, including but not limited to vehicles used for excavation
and moving of earth and vehicles used for hauling of construction
materials.
That percentage of the plot or land area covered by the building
area.
A unit of sound pressure level. The noise level in an average
residence is about 50 decibels.
The diameter at breast height of trees. This commonly used
abbreviation is to provide a common standard by which to measure trees.
A separate dwelling unit in an accessory structure.
[Added 12-16-1997 by L.L.
No. 2-1997]
A single-family dwelling.
A part, zone or geographic area within the municipality in
which certain zoning or development regulations apply.
Any building or portion thereof designed or used exclusively
as the residence or sleeping place of one or more persons, except
a mobile home or trailer.
One or more rooms, including cooking facilities and sanitary facilities, in a dwelling structure, designed as a unit for occupancy by not more than one family for unassisted living and sleeping purposes. "Dwelling units" shall not include rooms in residential health care facilities and related uses subject to § 230-33.
The erection, construction, alteration or maintenance by
public utilities or the Village or other governmental agencies of
underground, surface or overhead electrical, gas or water transmission
or distribution systems, including poles, wires, mains, drains, sewers,
pipes, conduits, cables, fire alarm boxes, police call boxes, traffic
signals, hydrants and other similar equipment and accessories, in
connection therewith reasonably necessary for the furnishing of adequate
service by such public utilities or the Village or other governmental
agencies or for the public health or safety or general welfare, but
not including buildings.
One or more persons living together as a single, nonprofit
housekeeping unit or household.[1]
The channel of a natural stream or river, and the portion
of the floodplain adjoining the channel, which are reasonably required
to carry and discharge the floodwater or flood flow.
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.
A dwelling that houses no more than six unrelated individuals
who live as a single housekeeping unit under a common housekeeping
management plan based on an intentionally structured relationship
providing organization and stability.
The unit of illumination when the foot is unit of length.
Any use customarily conducted entirely within the principal
structure or accessory structure as provided for in this chapter and
carried out by the inhabitants thereof, which use is clearly incidental
and secondary to the residential use of the principal structure and
does not change the character thereof.
A structure or group of structures affording accommodations,
including lodging, food and entertainment, and, if desired, meeting
rooms for conferences and/or business meetings.
A single structure affording accommodations, such as lodging,
food and entertainment, according to the terms of this chapter.
Any area, lot, land, parcel, building or structure or part
thereof used for the 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 types of junk.
A structure or part of a structure that is used for an office
occupied by a not-for-profit group or agency engaged in the preservation
and improvement of land and employing not more than six employees.
A use involving the manufacture of a product, but not requiring
heavy, noisy or otherwise objectionable disturbances, such as vibration,
dust and odors, nor involving the use of heavy machinery or transporting
equipment.
A parcel of land, not divided by streets, devoted or to be
devoted to a particular use or occupied or to be occupied by a building
and its accessory buildings, together with such open space as required
under the provisions of this chapter and having its principal frontage
on a street or on such other means of access as may be deemed in accordance
with the provisions of law to be adequate as a condition of the issuance
of a building permit for a building or buildings on such land.
LOT, CORNERA lot 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. The point of intersection of the street lot lines is the corner.
LOT DEPTHThe horizontal distance between the front and rear lot lines.
LOT LINESThe property lines bounding the lot.
LOT LINES, FRONTThe line separating the lot from street.
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT LINE, SIDEAny lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a "side street lot line."
LOT LINE, STREETA lot line separating the lot from a street.
LOT WIDTHThe distance between the two side lot lines measured at the required setback line.
Any district lot which does not conform to the minimum width,
depth and area dimensions specified for the district in which said
lot is located and where the owner (owners) of said lot does not own
any adjoining property which could be subdivided in order to create
one or more conforming lots.
The height measured at the highest part of the roof.
A movable or portable dwelling designed for year-round living,
other than a modular or sectional home, connectable to utilities and
designed so that it does not necessarily need a permanent foundation.
A multistory building containing a mix of residential and
nonresidential uses. A mixed-use building shall not be considered
a "multifamily dwelling."
[Added 7-27-2010 by L.L.
No. 3-2010]
A dwelling containing more than two dwelling units, but excluding
mixed-use buildings.
[Amended 7-27-2010 by L.L. No. 3-2010]
A building, structure or use of land existing at the time
of the enactment of this chapter which does not conform to the regulations
of the district or zone in which it is situated.
An interference with the enjoyment and use of property.
A structure, a room, a group of rooms or building used for
the conducting of affairs of a business, profession, service, industry
or government.
Public or private land developed with facilities for passive
recreation, e.g., trails or a picnic area, and/or with facilities
for active outdoor individual or organized recreation, such as ball
fields, tennis courts, swimming or ice-skating.
The standing of a vehicle, whether occupied or not, on public
or private property.
Any use listed in § 230-12, Schedule of permitted uses, (with the exception of accessory structure, accessory apartment and home occupation).
[2]Defined in this chapter as Residential Low-Density (RLD),
Residential (R), Residential Multifamily (RMF), Residential Transitional
(RT) and Residential Mixed Use (RMI).
Establishments engaged in selling goods or merchandise to
the general public for personal or household consumption and rendering
services incidental to the sale of such goods.
Buildings in which the primary or intended occupancy or use
is the display and sale to the public of goods, wares or merchandise.
An establishment where food and drink is prepared, served
and consumed primarily within the principal building. This does not
include fast foods where there is a sale of preprepared or rapidly
prepared food directly to the customer in a ready-to-consume state
for consumption either within or outside the premises.
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.
A chart for determining the density of smoke and which is
issued by the Federal Bureau of Mines.
An antenna, normally mounted on the ground, that attracts
television signals which are beamed from satellites.
Any building or group of buildings on a single parcel made
of individual storage cells, which are rented or leased to individuals
or businesses for storage of nonhazardous materials, personal property
and equipment.
[Added 7-14-1998 by L.L. No. 1-1998]
A detachable trailer for hauling freight, having its forward
end supported by the rear of its truck tractor when attached.
Dwelling units for those 62 years of age and older.
The portion of a septic system which distributes the waste
material through a network of tile fields. It should not be confused
with the septic tank which is designed to permit settling of solids.
establishment engaged in the provision of customary, personal
and business services, such as beauty parlor, barbershop or message
service.[3]
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; and any other
information that reasonably may be required in order that an informed
decision can be made by the approving authority.
The permit required for a use which, because of its unique
characteristics, requires individual consideration in each case by
the Planning Board before it may be permitted in the district enumerated
in this chapter.
The parking of a vehicle for a period in excess of 24 hours.
A combination of materials assembled at a fixed location
to give support or shelter, such as a building, bridge, trestle, tower,
frame reviewing stand, platform, bin, fence, sign, flagpole or the
like.
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.
A short truck with a body containing only a cab for the driver,
used to haul detachable trailers.
A combination trucking unit consisting of a tractor and a
trailer or semitrailer.
A trailer generally used for the hauling of miscellaneous
household and yard materials.
[4]An office designed for the care and treatment of animals
which also provides for the boarding of animals.
An office designed for the care and treatment of animals
but does not provide overnight accommodations.
A structure for the storage of merchandise or commodities.
[Added 7-14-1998 by L.L. No. 1-1998]
Any open space which lies between the principal building
or group of buildings and the nearest lot line and is unoccupied and
unobstructed from the ground upward, except as herein permitted.
YARD, FRONTAn open space which lies between the principal building or group of buildings and the front lot line, unoccupied and unobstructed from the ground upward.
YARD, REARAn open space which lies between the principal building or group of buildings and the front lot line, unoccupied and unobstructed from the ground upward.
YARD, SIDEAn open space extending from the front yard to the rear yard between a principal building and the nearest side lot line, unoccupied and unobstructed from the ground upward.
The administrative officer charged with the duty of enforcing
the building code and the provisions of this chapter.
[1]
Editor's Note: The former definition of "flag," which immediately
followed this definition, was repealed 1-14-2020 by L.L. No. 1-2020.
[2]
Editor's Note: The Schedule is included at
the end of this chapter.
[3]
Editor's Note: The former definitions of "sign," "sign, accessory,"
and "sign, advertising," which immediately followed this definition,
were repealed 1-14-2020 by L.L. No. 1-2020.
