For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY. A use which is incidental to the main use of the premises.
ADULT ENTERTAINMENT. Any adult bookstore, adult motion picture theater, adult mini-motion picture theater, massage parlor, or commercial establishment which for a fee or incidentally to another service, presents material or exhibition distinguished or characterized by an emphasis on matter depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas” as defined below for observation by patrons therein:
(1) “Specified anatomical areas” means less than completely opaquely covered:
(a) Human genitals, pubic region;
(b) Buttock;
(c) Female breast below a point immediately above the top of the areola; and
(d) Human male genitals in a discernible turgid state, even if completely and opaquely covered.
(2) “Specified sexual activities” means:
(a) Human genitals in a state of sexual stimulation or arousal; and
(b) Acts of human masturbation, sexual intercourse, or sodomy, and fondling or other erotic touching of human genitals, pubic region, buttock, or female breast.
ALLEY. A public thoroughfare, which affords only secondary means of vehicular access to abutting property, and less than 30 feet in width.
BASEMENT. A story partly underground, but having less than one-half of its clear height below, which, unless subdivided into rooms and used for tenant purposes, shall not be included as a story for the purpose of height measurements.
BED AND BREAKFAST OPERATION. A use which is subordinate to the principal use as a single-family dwelling and a use in which a sleeping room and breakfast are provided in return for payment.
BLOCK. Property having frontage of one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right-of-way, waterway or other barrier.
BOARD. The Board of Zoning Appeals of the town.
BUILDING. A structure having a roof supported by columns or walls, for the shelter, support, enclosure, or protection of persons, animals, chattels, or property. When separated by party walls, without openings through such walls, each portion of such a BUILDING shall be considered a separate structure.
BUILDING ACCESSORY. A subordinate building, or a portion of a main building, the use of which is incidental to that of the main building.
BUILDING AREA. The maximum horizontal projected area of the principal and accessory building, excluding open steps or terraces, unenclosed porches not exceeding one story in height, or architectural appurtenances projecting not more than two feet.
BUILDING, FRONT LINE, OF. The line of that face of the building nearest the front lot line.
BUILDING, HEIGHT, OF. The vertical distance measured from the lot ground level to the highest point of the roof for a flat roof; to the deck line of a mansard roof; and to the mean height between eaves and ridges for gable, hip, and gambrel roofs.
BUILDING, PRINCIPAL. A building in which is conducted the main or principal use of the lot on which said building is situated. Where a substantial part of the wall of an accessory building is a part of the wall of the principal building or where an accessory building is attached to the main building in a substantial manner by a roof such accessory building shall be counted as a part of the PRINCIPAL BUILDING.
BUILDING, SETBACK LINE. The line nearest the front and across a lot establishing the minimum open space to be provided between the front of buildings and structures and the front lot line.
BUILDING WIDTH. The minimum width of a building used for residential purposes shall be 30 feet measured perpendicular at the front foundation line and running not less than 50% of the dimension of the longest perpendicular side.
BUSINESS. The engaging in the purchase, sale, barter, or exchange of goods, wares, merchandise, or services, the maintenance or operation of offices, or recreation and amusement enterprises for profit.
CAMP, PUBLIC. Any area or tract of land used or designed to accommodate two or more automobile house trailers, or two or more camping parties, including cabins, tents, or other camping outfits.
COMMERCIAL. See BUSINESS.
DISTRICT. A section of the town, for which uniform regulations governing the use, height, area, size, and intensity of use of buildings and land, and open spaces about buildings, are herein established.
FAMILY. A group of one or more persons occupying a building and living as a single housekeeping unit. No unrelated group living as a single housekeeping unit shall consist of more than six persons, as distinguished from a group occupying a lodginghouse or hotel.
GARAGE, PRIVATE. An accessory building with capacity for not more than three motor vehicles for storage only, not more than one of which may be a commercial vehicle of not more than three tons’ capacity. Provided, however, that a garage designed to house one motor vehicle for each family housed in an apartment shall be classed as a PRIVATE GARAGE.
GARAGE, PUBLIC. Any building or premises, except those defined herein as a private garage, used for the storage, or care of motor vehicles, or where such vehicles are equipped for operation, repaired, or kept for remuneration, hire, or sale.
GROUND FLOOR AREA. The square foot area of a residential building within its largest outside dimensions computed on a horizontal plane at the ground floor level, exclusive of open porches, breezeways, terraces, garages, exterior and interior stairways.
HOME OCCUPATION. An occupation, carried on by a member of the family residing on the premises, in conjunction with which no commodity is sold or stock in trade is kept on the premises; no person is employed other than a member of said family; and, no sign, other than a nameplate, not exceeding one square foot in area, is displayed.
HOTEL. A building in which lodging is provided and offered to the public for compensation, and which is open to transient guests, in contradistinction to a boardinghouse or lodginghouse.
KENNEL. Any lot or premises on which four or more dogs, at least four months of age, are kept.
LOT. A parcel of land occupied or intended for occupancy by a use permitted in this chapter, including one principal building and its accessory buildings, and the open space required by this chapter, and having its principal frontage on a street, or an officially designated and approved place.
LOT, CORNER. A lot abutting upon two or more streets at their intersection, both requiring front yard setback abutting each street.
LOT COVERAGE. The percentage of the lot area covered by the building area.
LOT, DEPTH OF. The mean horizontal distance between the front line and the rear line of the lot, measured in the general direction of the side lot lines.
LOT, GROUND LEVEL.
(1) For buildings having walls adjoining one street only, the elevation of the sidewalk at the center of the wall adjoining the street.
(2) For buildings having walls adjoining more than one street, the average of the elevation of the sidewalk at the center of all walls adjoining the streets.
(3) For buildings having no wall adjoining the street, the average level of the ground adjacent to the exterior walls of the building.
(4) Any wall approximately parallel to and not more than five feet from a street is to be considered as adjoining the street.
LOT, INTERIOR. A lot other than a corner lot or through lot.
LOT LINE, FRONT. In the case of an interior lot, a line separating the lot from the street or place; and in the case of a corner lot a line separating the narrowest street frontage of the lot from the street, except in cases where deed restrictions in effect specify another line as the FRONT LOT LINE.
LOT LINE, REAR. A lot line which is opposite and most distant from the front lot line and, in the case of an irregular or triangular-shaped lot, a line ten feet in length within the lot, parallel to and at the maximum distance from the front lot line.
LOT LINE, SIDE. Any lot boundary line not a front lot line or a rear lot line.
LOT, THROUGH. A lot having frontage on two streets at opposite ends of the lot.
LOT, WIDTH OF. The distance between the side lot lines at the front line of building measured at right angles to the depth of the lot.
MASSAGE PARLOR. Any commercial establishment which for a fee provides for the manipulation, or rubbing of body parts excepting manipulation of body parts for remedial purposes performed by state-licensed practitioners with the minimal qualifications of a physical therapist.
MOTEL. A building or group of buildings, in which lodging is provided and offered to the public for compensation, and catering primarily to the public traveling by motor vehicle.
NONCONFORMING USE. A building or premises which does not conform in this use or otherwise with all of the regulations of the district in which such building or premises is located.
PARKING LOT. A parcel of land devoted to unenclosed parking space for five or more motor vehicles for compensation or otherwise.
PLACE. An open unoccupied space other than a street or alley, permanently reserved for use as the principal means of access to abutting property.
PROFESSIONAL OFFICE. An office of members of recognized professions, such as an architect, artist, dentist, engineer, musician, physician, surgeon, or other professional person.
STORY. The portion of a building, included between the surface of any floor and the surface of the next floor above it. If there is no floor above it, then the space between such floor and the ceiling next above it shall be the STORY.
STORY, HALF. The portion of a building under a sloping gable, hip, or gambrel roof, the wall plates on at least two opposite exterior walls of which are not more than three feet above the floor level of such HALF-STORY.
STREET. A public thoroughfare 30 feet or more in width between property lines, which affords principal means of vehicular access to abutting property.
STRUCTURAL ALTERATIONS. Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams, or girders, or any substantial change in the exterior walls or the roof.
STRUCTURE. Anything constructed or erected, the use of which requires more or less permanent location of the ground or which is attached to something permanently located on the ground.
TOURIST HOME. A dwelling in which overnight accommodations for not more than five transient guests is offered for compensation.
VEHICLE PARKING SPACE. The area required for parking one automobile, which in this chapter is held to be an area nine feet wide and 20 feet long plus 70 square feet of maneuver area for each vehicle parking space.
VISION CLEARANCE ON CORNER LOT. A triangular space at the street corner of a corner lot, free from any kind of obstruction to vision between the height of three and one-half and 12 feet above established grade, determined by a diagonal line connecting two points measured equidistant from the corner along each property line.
YARD, FRONT. A horizontal space measured to 90 degrees with the property line, between the front line of the principal building and the property line of the street upon which the building faces, unoccupied other than by steps, walks, terraces, and open, unroofed, unenclosed porches; or architectural appurtenances projecting not more than 24 inches from the building.
YARD, REAR. A horizontal space measured at 90 degrees to the rear lot line, between the rear of the principal building and the real line of the lot, unoccupied other than by vehicle parking space, architectural appurtenances, or accessory buildings which do not occupy more than 30% of the required rear yard.
YARD, SIDE. A horizontal space measured at 90 degrees to the side lot line between the side of a building and the adjacent side line of the lot, unoccupied other than by architectural appurtenances projecting not more than 24 inches, or open or lattice-enclosed fire escapes or fireproof outside stairways, projecting not over four feet.
ZONE. See DISTRICT.
(Prior Code, § 70-3) (Ord. 98.1, passed 7-20-1998)