ACCESSORY BUILDING - A building or a detached private garage subordinate to the main building on a lot, used for purposes customarily incidental to those of the main building, not used for habitation and which does not exceed the size of the main building. This shall not include trailers, mobile homes or like structures, with or without wheels. [Amended 11-1-1988; 3-21-1989; 2-17-1998 by L.L. No.1-1998]
ACCESSORY STRUCTURE -- A structure subordinate to the buildings on a lot, used for purposes customarily incidental to those of the buildings, having no foundation or permanent attachment to the land other than a simple slab, not used for habitation, swimming pool enclosures or garage purposes and which does not exceed the size of the main building. This shall not include trailers, mobile homes or like structures, with or without wheels. [Added 11-1-1988; amended 3-21-1989]
AGRICULTURE - The cultivation of the soil for food products or other useful or valuable growths of the field or garden, but does not include dairying, raising of livestock, breeding or keeping of animals, fowl or birds where the same is carried on as a business or gainful occupation.
BOARDINGHOUSE - A dwelling, other than a motel or hotel, where lodging and meals are provided for compensation, with no individual cooking facilities. [Added 8-15-19891
BUILDING - A combination of. any materials, whether portable or fixed, having a roof, to form a structure affording shelter for persons, animals or property. The word "building" shall be construed, when used herein, as though followed by the words "or part or parts thereof unless the context clearly requires a different meaning. The term "building" shall also mean "factory manufactured home" and "mobile home." [Added 5-15-1990]
BUILDING AREA - The area of the maximum horizontal cross section of the building on a lot.
BUILDING INSPECTOR - The Building Inspector of the Town of Babylon or any person duly appointed as such Inspector.
**Webmasters Note: Section 213-1 up to the previous definition has been amended as per Supp. Dated 10-20-2000.
CAMP COTTAGE - Any building of whatever material constructed, designed or equipped to be used for living, sleeping or eating only by transient or seasonal occupants.
CAMP UNIT - Any plot of land in a tourist camp upon which is proposed to be located any tent, tent house, camp cottage, tourist unit, house car or trailer designed or equipped to be used for living, sleeping or eating.
COMMERCIAL VEHICLE - Any commercially registered vehicle, including but not limited to a bus, a minibus, a box truck, a tractor-trailer combination (or either component thereof), an ambulance, an articulated bus, an automobile transporter, a boat transporter, a hazard vehicle, a livery, an omnibus, a sani-van, a taxi, a tow truck, a truck, a vanpool vehicle, or any vehicle bearing commercial advertising or identification or any vehicle which is not designed for use as a passenger-only vehicle, which is not a limousine, taxi, livery or other for-hire vehicle. [Added 10-1-2002 by L.L. No. 30-2002; amended 6-21-2005 by L.L. No. 11-2005]
**Webmasters Note: The previous definition has been amended as per Local Law No. 11-
2005.
CORNER LOT - A lot having a street line along two streets forming an angular or curved corner.
DATE OF ADOPTION - The day that the Zoning Chapter is formally adopted by resolution of the Town Board and entered in its minutes.
DECK - An open structure subordinate to the main building on a lot, used for purposes customarily incidental to the main building and associated with patios, porches, porticoes, balconies and sun decks, not used for habitation and which does not exceed the size of the main building. Decks having a height of more than 18 inches or less shall be considered accessory structures. Decks having a height of more than 18 inches, but five feet or less, shall be considered accessory buildings. Decks having a height of more than five feet shall be considered building extensions/additions. [Added 3-21-1989]
DEPTH OF A LOT - The average of the distance from the street line of the lot to its opposite rear line, measured in the general direction of the side lines of the lot.
DIVISION OF BUILDING - The Division of Building in the Department of Planning and Development of the Town of Babylon or any employee or officer of such Department. [Amended 4-7-1976 by L.L. No. 15-1976]
DOUBLE FRONT LOT - A lot having a street line at both ends of the lot.
EFFECTIVE DATE - The tenth day after said chapter is published in a newspaper in the township and posted in a newspaper in the town and posted in accordance with the provisions of § § 264 and 265 of the Town Law of the State of New York.
FAMILY - A single person or collective group of persons related by kinship, adoption, blood or marriage, or the functional and factual equivalent of a natural family, living together under the same roof and cooking together as a single housekeeping unit, in a common household whose relation is of a permanent and distinct domestic character. [Amended 8-15-1989]
FENCE - Either basket-weave, woven-wire, vertical wood-staving, split-rail or a fence having open spaces the same width as and between each of the pickets, slats or other materials used in its construction, unless otherwise permitted by the Board of Appeals as hereinafter provided.
FRONT BUILDING LINE - The line across the entire frontage of the lot at the required front setback distance.
FRONT YARD - The required open space extending along the street line of any street on which the lot abuts.
FUNCTIONAL AND FACTUAL EQUIVALENT OF A NATURAL FAMILY - A single housekeeping unit bearing the generic character of a family unit as a relatively permanent household, not a framework for transients or transient living, leading a stable, nonprofit, family- like existence, headed by a householder as one would likely find in a biologically unitary family; in every sense but a biological one it must function as a stable, single-family unit, albeit occasionally changing in composition even as a natural family might and does. [Added 8-15- 1989]
GARAGE, MINOR - A building, other than a private garage, used for the storage only of. noncommercial automobiles; or commercial automobiles only for a purpose accessory to the permitted use of the lot. [Amended 11-1-1988]
GARAGE, PRIVATE - A building detached from and accessory to a residential building, or a building attached to a residential building, or a part of a residential building, which is designed to be used for or is actually used for the parking or storage of motor vehicles, boats, trailers or machinery, having not more than two bays and not more than 250 square feet per bay, in any zoning district. [Amended 11-1-1988; 2-17-1998 by L.L. No. 1-1998]
GARAGE, PUBLIC - A building or portion thereof, other than a private garage, designed or used for equipping, repairing, renting, parking or storing motor vehicles. [Amended 11-1-1988]
GROUND STORY OR FIRST STORY - The lowest story of a building entirely above the level of the ground in front of a building.
HEIGHT OF A BUILDING - The distance measured from the mean average grade of the ground surrounding the building to a point midway between the highest and lowest points of the roof, provided that chimneys, spires, towers, elevator penthouses, tanks and similar projections shall not be included for the purpose of determining the height.
KITCHEN - A room or an area in a building in which food is cooked and/or prepared and which contains equipment used in the cooking and preparation of food, i.e., stove and/or oven and/or microwave oven or any other appliance, device or equipment ordinarily used in the preparation and/or cooking of food. It may also contain any or all of the following: sink and/or refrigerator and/or base cabinet(s) and/or upper cabinet(s). [Added 6-10-1997 by L.L. No. 7-1997]
LOT AREA - The area of a lot on which a building and its accessories may be located, exclusive of land in the bed of any street and exclusive of any land intermittently or permanently underwater. [Amended 12-2-1986]
LOT IN SINGLE AND SEPARATE OWNERSHIP - Evidenced by a deed showing same is recorded by the Suffolk County Clerk's Office prior to the effective date of this chapter or evidenced by a written agreement showing same to be contracted for prior to the effective date of this chapter.
MOTEL-HOTEL - A structure in which lodging is provided for transient people and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. [Amended 8-4- 1981 by Res. No. 2]
MULTIPLE RESIDENCE - A building or group of buildings designed for occupancy by three or more families living independently of each other in separate dwelling units.
NONCONFORMING BUILDING OR USE - One that does not conform to the regulations of the district in which it is situated.
OFF-STREET PARKING AREA - The area of a lot or a building used or designated to be used for the purpose of accessory parking of vehicles. Such area shall be on or part of the same lot on which the principal use is located. However, when approved by the Planning Board as part of the review of site plans pursuant to Chapter 186, Site Plan Review, such area may be maintained on a separate lot determined by said Board to be convenient thereto; provided, however, that such separate lot shall be Permanently and exclusively committed to such use, and for such purpose the Planning Board shall require such recordable instruments which, as to execution and form, shall be satisfactory and are deemed necessary to ensure the continued and noninterrupted use of such parking area for such purpose.
OUTDOOR STORAGE - The deposit, placement, maintenance or sufferance of any materials, equipment, commercial vehicle (except during actual business hours, but in no event between 10:00 p.m. and 6:00 a.m.), building materials, objects or items of any kind or character, except while engaged in actual immediate delivery at the premises. [Added 6-21-2005 by L.L. No. 11-
2005]
**Webmasters Note: The previous definition has been added as per Local Law No. 11-2005.
PARKING SPACE - The space required for each motor vehicle intended or required to be parked in an off-street parking area. Each parking space shall have an area of not less than 200 square feet, and in addition thereto, there shall be provided such space as is reasonably necessary for adequate ingress, egress and turning. The formula for providing an adequate parking area is an area of 334 square feet per required motor vehicle unit.
PREMISES - The land and all buildings and structures thereon.
PRIVATE PROPRIETARY CONVALESCENT HOME A facility which is operated for compensation and profit, other than a hospital, where lodging, board and health related services are provided for persons recuperating from illness or incapacity. [Added 8-15-1989]
PRIVATE PROPRIETARY HOME FOR ADULTS - An adult care facility, established and operated for compensation and profit, for the purpose of providing temporary or long-term residential care, room, board, housekeeping, personal care and supervision to adults. [Added 8- 15-1989]
PRIVATE PROPRIETARY NURSING HOME - A facility which is operated for compensation and profit, other than a hospital, where lodging, board and health related services are provided for persons with or recuperating from illness or incapacity. [Added 8-15-1989]
PUBLIC PARKING PLACE - Any plot other than one owned or maintained by the town or a municipal district or authority, used by the public for parking of automobiles or other motor vehicles.
REAR YARD - The required open space extending along the rear lot line (not a street line) throughout the whole width of the lot.
REST HOME - A facility established and operated for compensation and profit, where lodging, meals and nonmedical supervision are provided for persons on a transient, long-term or permanent basis. [Added 8-15-1989]
ROOMING HOUSE - A dwelling, other than a motel or hotel, where lodging is provided for compensation. [Added 8-15-1989]
SANITARIUM - Not an institution required to be licensed under the Mental Hygiene Law of the State of New York.
SHED - A structure subordinate to the buildings on a lot, used for purposes customarily incidental to the buildings and associated with cabanas, playhouses or storage of lawn and pool care equipment or any other items used in the normal maintenance of residential property, not used for habitation and which does not exceed 100 square feet and/or 12 feet in height. "Sheds' shall be considered accessory structures and shall not include trailers, mobile homes or like structures with or without wheels. [Added 3-21-1989]
SIDE YARD - The required open space extending along the side lot line from the front yard to the rear yard.
SIGN - Every kind of billboard, signboard and other shape or device or display arranged, intended, designed or used to advertise, announce, direct or otherwise inform, including any text, symbol, marks, letters or figures painted on or incorporated in the composition of the exterior surface of a building or structure.
SINGLE- OR ONE-FAMILY DWELLING - A building designated for and occupied exclusively as a home or residence for not more than one family.
STREET LINE OR FRONT PROPERTY LINE - The dividing line between the street and a lot.
STRUCTURE - A combination of materials other than a building forming a construction that is safe and stable and includes, among other things, stadiums, gospel and circus tents, reviewing stands, platforms, stagings, poles, stacks, observation towers, sheds, coal bins, bulkheading, walls, fences over four feet in height and signs; the word "structure' shall be construed as though followed by the words 'or part thereof'
TELEPHONE EXCHANGE - A building erected or used exclusively as a central station where telephone lines meet and where connections are made between them and where no trucks or materials are stored.
TOURIST CAMP - Any plot on which are located or which is offered to the public for the location of one or more tents, cabins, tent houses, camp cottages, tourist houses, house cars or trailers designed or equipped to be used for living, sleeping or eating.
TRAILER OR HOUSE CAR - Any vehicle designed or equipped to be used for living, sleeping or eating and designed to move from place to place on wheels, propelled by its own power or otherwise drawn or propelled.
TWO-AND-ONE-HALF-STORY BUILDING - A building whose main eaves are below the mid-height of the third story.
TWO-FAMILY DWELLING - A building designed for and occupied exclusively as a home or residence for two families.
TWO-STORY BUILDING - Any building having an area on the second floor of not less than 75% of the area on the first floor.
WIDTH OF A LOT - The average width measured at right angles to the direction of its average depth.
AFFIDAVIT - Any instrument in writing executed under oath required to be filed with any application to the Town Board, Board of Appeals and Planning Board.
APPLICANT - Any person who makes and signs an application either for himself or as agent for another person.
APPLICATION - Any written request to the Town Board for any change of zone or other relief or to the Board of Appeals for any variance, exception, permission or other relief with the jurisdiction of said Board or to the Planning Board, under the provisions of this chapter, the Town Law or any rule or regulation adopted by any of such Boards.
BOARD OF APPEALS - The duly appointed and constituted Board of Appeals of the town.
BUILDING ZONE ORDINANCE - This chapter and amendments thereto and any Zoning Map duly adopted by the Town Board.
PERSON OR PERSONS HAVING AN INTEREST Include an individual male or female, individual or individuals doing business under assumed names, copartnerships, corporation, society, joint-stock company and any person acting as agent or on behalf of another.
PLANNING BOARD - The duly appointed and constituted Planning Board of the town.
TOWN BOARD - The duly elected and constituted Town Board of the town.
FLOATING HOME - Any vessel designed or, in fact, used or occupied as a dwelling unit, living and sleeping quarters, business office or source of any occupation or for any private or social club of whatsoever nature, including but not limited to a structure constructed upon a barge primarily immobile -and out of navigation or which functions substantially as a land structure while the same is moored or docked, whether such vessel is self-propelled or not.
MOTEL-HOTEL - A structure in which lodging is provided for transient people and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours.
DUMPSTER - A large container for the storage of refuse, which container is in excess of a one-hundred gallon capacity or one-half-cubic-yard capacity, and which container is mechanically emptied or removed.
RESIDENCE DISTRICT -
A. Residence A, Residence B, Residence C or Residence D District.
B. Prohibition. The outside storage of dumpsters is prohibited in a residence district. This prohibition shall not apply to property which has a valid, existing nonconforming use, special permit or variance for use as a multifamily [three (3) or more] or nonresidential use.
C. Temporary permit. A temporary permit for the outside storage of a dumpster on property located in a residence district may be issued in the discretion of the Chief Building Inspector for a period of up to sixty (60) days. In determining whether such a temporary permit shall issue, the Chief Building Inspector shall consider:
(1) The purpose of the request.
(2) The reason the use of a dumpster became necessary.
(3) The length of time the dumpster will remain on the premises.
(4) The effect of the granting of the permit on the surrounding neighborhood.
D. Emergencies. In an emergency situation, such as a fire in a residence, a dumpster may be immediately placed in the residential district by the owner or his agent, provided that the owner of the property or his agent makes application to the Chief Building Inspector within three (3) business days thereafter.
E. Regulations. A dumpster in a residential district shall have a cover which shall cover the dumpster when it is not in active use. A dumpster which is allowed in a residential district as a result of a variance, special permit or nonconforming use status also must be surrounded on three (3) sides by a solid fence or plantings which screen the dumpster from view.
F. It shall be unlawful for any person to store, deposit, place, maintain or cause or permit to be stored, deposited, placed or maintained any dumpster upon any portion of any street, lane, sidewalk, roadway or highway located within the corporate limits of the town.
G. Any dumpster left in violation of § 213-250.1F which shall unlawfully obstruct or impede traffic or remain on any street, lane, sidewalk, roadway or highway shall be deemed to have been abandoned, and such dumpster may be removed and stored in the manner set forth in Chapter 205, § 205-6.
H. Any person who shall violate this section or who shall refuse to remove any dumpster or who shall resist or obstruct the duly authorized officer, agent or employee of the town in the removal thereof shall, upon conviction, be subject to the penalties provided in § § 1-15 through 1-17 of this Code.
MOBILE DWELLING - Includes, but is not necessarily limited to, a house trailer, mobile home or any other residential structure or vehicle originally designed, built, constructed or manufactured to be conveyed upon highways or streets, whether the same is situated or located upon wheels, jacks, foundations (temporary or permanent), slabs or otherwise, and/or whether or not added to or made a part of another building or structure, and which does not come within the definition of a modular home, but is suitable for year-round occupancy and containing the same water supply, waste disposal and electrical conveniences as in immobile housing.
MOBILE DWELLING PARK - Any lot, parcel, tract of land or plot of ground upon which ten (10) or more mobile dwellings, occupied for dwelling or sleeping purposes, are located, regardless of whether or not a charge is made for such accommodations.
MOBILE DWELLING SPACE - A plot of ground within a mobile dwelling park designed for the accommodation of one (1) mobile dwelling.
ABOVEGROUND SWIMMING POOL - Any swimming pool, as defined herein, located in or upon the ground, which is at no point more than eighteen (18) inches below grade.
IN-GROUND SWIMMING POOL - Any swimming pool, as defined herein, located in or upon the ground, which extends more than eighteen (18) inches below grade.
SWIMMING POOL - Any body of water in an artificial or semiartificial receptacle or other container, whether located indoors or outdoors, designed, arranged, used or intended to be used for public, semipublic or private swimming by human beings, whether or not any charge or fee is imposed upon the users.
TRANSFER STATION - A solid waste management facility, including a recyclables handling and recovery facility, or a construction and demolition debris processing facility as such terms are defined in Chapter 133 of this Code, where solid waste is received for the purpose of subsequent transfer to another solid waste management facility for further processing, treating, transfer or disposal.
ACCESSORY BUILDING - A building subordinate to the main building on a lot and used for purposes customarily incidental to those of the main building.
BUILDING AREA - The area of the maximum horizontal cross section of the building on a lot.
CORNER LOT - A lot having a street line along two (2) streets forming an angular or curved corner.
DATE OF ADOPTION - The date that the Zoning Ordinance is formally adopted by resolution of the Town Board and entered in its minutes.
DEPTH OF A LOT - The average of the distance from the street line of the lot to its opposite rear line, measured in the general direction of the sidelines of the lot.
DOUBLE FRONT LOT - A lot having a street line at both ends of the lot.
DWELLING - A building designated for and occupied exclusively as a home or residence for one (1) or more families.
EFFECTIVE DATE - The tenth day after said Article is published in a newspaper in the town and posted in accordance with the provisions of § § 264 and 265 of the Town Law of the State of New York.
FENCE - Vertically inserted redwood-slatted chain link or a fence fabric approvable, by the Planning Board of a specifically designated height to be established by the Planning Board.
FRONT YARD - The required open space extending along the street line of any street on which the lot abuts.
FRONT BUILDING LINE - The line across the entire frontage of the lot at the required front setback distance. Also any part of a building facing the front street line shall be considered the front of the building.
GROUND STORY OR FIRST STORY - The lowest story of a building entirely above the level of the ground in front of a building.
HEIGHT OF A BUILDING - The distance measured from the mean average grade of the ground surrounding the building to a point midway between the highest and lowest points of the roof, provided that chimneys, spires, towers, elevator penthouses, tanks and similar projections shall not be included for the purpose of determining the height.
LOT AREA - The area of a lot on which a building and its accessories may be located as permitted by the Town Board, exclusive of land in the bed of any street.
MINOR GARAGE - A building, not a private garage, used for the. storage only of noncommercial vehicles, and a building, not a private garage, used for the storage of commercial vehicles only for a purpose accessory to the permitted use of the lot.
OFF-STREET PARKING AREA - The area of a lot or a building used or designed to be used for the purpose of accessory parking of vehicles. Such area shall be on or part of the same lot on which the principal use is located.
PARKING SPACE - The space required for each motor vehicle intended or required to be parked in an off-street parking area.
PREMISES - The land and all buildings and structures thereon.
PUBLIC GARAGE - A building, other than a private or a minor garage, used for the housing, storage or repair of trucks, trailers and automobiles, whether or not accessory or incidental to another use.
REAR YARD - The required open space extending along the rear lot line (not a street line) throughout the whole width of the lot.
SIDE YARD - The required open space extending along the side lot line from the front yard to the rear yard.
SIGN - Includes every kind of billboard, signboard and other shape or device or display arranged, intended, designed or used to advertise, announce, direct or otherwise inform, including any text, symbol, marks, letters or figures painted on or incorporated in the composition of the exterior surface of a building or structure.
STREET LINE OR FRONT PROPERTY LINE The dividing line between the street and a lot.
STRUCTURE - A combination of materials other than a building forming a construction that is safe and stable, and includes fences over four (4) feet in height and signs; the word "structure" shall be construed as though followed by the words "or part thereof."
TENANT - One who holds property by lease or rent.
WIDTH OF A LOT - The average width measured at right angles to the direction of its average depth.
BARBED WIRE - Any wire or metal band, not including razor wire, having one or more sharp points along its length which is used for making barriers.
RAZOR WIRE - Any wire or metal band having one or more sharp points and edges along its length which is used for making barriers.
BUSINESS BUILDING - A building used or occupied for the transaction of business, for the rendering of professional services, for the display, sale or storage of goods, wares or merchandise, for the supplying of food, drink or other bodily needs or comforts or for the performance of work or labor, including but not limited to office buildings, stores, markets, restaurants, factories, workshops and laboratories.
LANDSCAPING - Required natural landscaping, shrubbery, trees, buffer zone area, screening and planting trips and grass/sod.
PREMISES - The land and all buildings and structures.
APPLICANT - The owner of real property or their duly authorized employee, agent or any person or persons acting on their behalf requesting a land clearing permit for the removal of trees, shrubs and associated and related vegetation from private or public property, pursuant to the provisions of this chapter.
COMMISSIONER - The Commissioner of the Department of Planning and Development of the Town of Babylon.
DEPARTMENT - The Department of Planning and Development of the Town of Babylon.
PERSON - Any individual or individuals, corporation, firm, partnership, association, trust, estate, public utility, public authority or any unit of government or agency or subdivision thereof.
PRIVATE PROPERTY - Any real estate or part thereof, yard or driveway, other than that used as a public place, road, street or highway, situated in the Town of Babylon not public property as hereinafter defined and not otherwise exempted by state or federal law.
PUBLIC PROPERTY - All streets, sidewalks and easements that the town may have over, under or upon any private property located in the town or other areas dedicated or commonly used by the public, as well as all lands in which title is vested in the Town of Babylon, other political subdivision or agency or public authority thereof located within the Town of Babylon.
TREE - Any woody plant having a diameter of one (1) inch or more at its thickest point, its root system and the environment within the area defined by the outermost limits of its branches, whether living or unliving, standing or downed.
VEGETATION - Including, but not limited to, trees, shrubs, bushes, grasses, flowers and other similar plant life.
ADULT BOOKSTORE An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, other periodicals, films, slides and videotapes and which establishment is customarily not open to the public generally but excludes any minor by reason of age.
ADULT DRIVE-IN THEATER A drive-in theater that customarily presents motion pictures, which is not open to the public generally but excludes any minor by reason of age.
ADULT ENTERTAINMENT CABARET A public or private establishment which presents topless dancers, strippers, male or female impersonators or exotic dancers or other similar entertainments and which establishment is customarily not open to the public generally but excludes any minor by reason of age.
ADULT MOTEL A motel which is not open to the public generally but excludes minors by reason of age or which makes available to its patrons in their rooms films, slide shows or videotapes which, if presented in a public movie theater, would not be open to the public generally but would exclude any minor by reason of age.
ADULT THEATER A theater that customarily presents motion pictures, films, videotapes or slide shows, which is not open to the public generally but excludes any minor by reason of age.
MASSAGE ESTABLISHMENT Any establishment having a fixed place of business where massages are administered for pay, including but not limited to massage parlors, sauna baths and steam baths. This definition shall not be construed to include a hospital, nursing home or medical clinic or the office of a physician, surgeon, chiropractor, osteopath or duly licensed physical therapist or barbershops or beauty salons in which massages are administered only to the scalp, face, neck or shoulders. This definition also shall exclude health clubs which have facilities for physical exercise, such as tennis courts, racquetball courts or exercise rooms, and which do not receive their primary source of revenue through the administration of massages.
PEEP SHOW A theater which presents material in the form of live shows, films or videotapes, viewed from an individual enclosure, for which a fee is charged and which is not open to the public generally but excludes any minor by reason of age.
SUBSTANTIAL OR SIGNIFICANT PORTION
A. "Substantial or significant portion" shall be determined using the following considerations:
(1) Amount of floor area and basement space accessible to customers and allotted to adult entertainment of any type, generally, or as compared to the total floor area and basement space accessible to customers; and/or
(2) Amount of adult entertainment stock-in-trade of any type accessible to customers, generally, or as compared to total stock accessible to customers; and/or
(3) Revenues derived from adult entertainment of any type, generally, or as compared to total revenues; and/or
(4) Advertising devoted to adult entertainment of any type, generally, or as compared to total advertising; and/or
(5) Use of the establishment for adult entertainment of any type, generally, or as compared to total use thereof.
B. However, notwithstanding the above considerations, the following shall be conclusive in determining substantial or significant portion:
(1) Forty percent or more of floor area and basement space accessible to customers allotted to adult entertainment of any type; and/or
(2) Forty percent or more of its stock-in-trade in adult entertainment materials of any type; and/or
(3) Forty percent or more of its gross income derived from adult entertainment of any type; and/or
(4) Forty percent or more of its advertising devoted to adult entertainment of any type; and/or
(5) Forty percent or more of its business, generally, engaged in adult entertainment of any kind.
ABANDONED SIGNS - Any sign which is located on property which becomes vacant and unoccupied for a period of three months or more; any sign which pertains to an event or purpose which no longer applies or exists; or a sign which no longer advertises a business, product or activity conducted or available on the premises where such sign is located.
AVIATION SIGN - Directional signs used for aviation purposes or otherwise affixed to the flat roofs of buildings or structures.
CHANGEABLE COPY SIGN - Any sign designed to display copy which will be changed or altered more frequently than once per twelve-month period.
COPY - Letters, numbers, symbols, designs or other pictorial matter located on any sign or governmental sign.
DIRECTLY ILLUMINATED SIGN - A sign which gives forth artificial light directly or through a transparent or translucent material from a source of light connected to the sign or part of the sign structure. The light from such sign may not illuminate a residentially zoned or used parcel.
DIRECTORY SIGN - Any sign identifying two or more persons, agencies or establishments located in a location or place common to all.
DISPLAY WINDOW - Any glass or other transparent or translucent material comprising a panel, window or door of a building.
ELECTRICAL SIGN - Any sign containing any electrical device, fixture or accessory.
ENTRANCE SIGN - Any sign affixed to or incorporated into the exterior face of any wall having an entrance facing a public thoroughfare or the subject parcel's parking area.
GOVERNMENTAL SIGN - Any sign erected and maintained by or at the direction of any governmental body, organization, agency or corporation.
GROUND SIGN - Any sign erected on or attached to a freestanding frame, mast, pole or structure. Any sign partially attached to a building and partially attached to a freestanding frame, mast, pole or structure shall be considered a ground sign.
IDENTIFICATION SIGN - A sign which identifies a business, industry, service or attraction conducted upon the lot on which the sign is displayed or which attracts attention to a commodity sold or displayed upon the lot or premises.
ILLUMINATED SIGN - Any sign which is lighted from within or without.
INDIRECTLY ILLUMINATED SIGN - A sign illuminated by a source of light which is detached from the sign structure and which is shielded so that illumination is directed upon the sign and the source of light is not visible from an adjoining property or street and may not illuminate a residentially zoned or used parcel.
MANSARD ROOF - A sloping roof where the angle of the roof is no more than 30° from perpendicular.
MARQUEE SIGN - A canopy extending more than one foot from a building, with lettering thereon.
MONUMENT SIGN - A freestanding identification sign erected upon a masonry base and not supported by column , girders or other structural elements. A monument sign shall be constructed of material similar in nature or complementary to the building which it identifies and may contain letters, numbers, trademarks and logos.
MOVEABLE COPY - Copy that is electronically produced and moves across the face of the sign.
PORTABLE SIGN - Any sign not permanently attached to the ground, a building or a vehicle.
ROOFLINE - The top edge of the roof or the top of the parapet, whichever forms the top line of the building silhouette.
ROOF SIGN - Any sign erected upon, against or directly above a roof or on top of or above the parapet of a building.
SIGN - Any identification, description, illustration, symbol, structure, material, statue or device, illuminated or nonilluminated, which is visible from any public place designed or employed to advertise, identify or convey information, but not including governmental signs.
SIGN FACE - The entire area of a sign or a governmental sign on which copy is or could be placed.
SIGN STRUCTURE - Any structure which supports, has supported or is designed to support a sign. A decorative cover is part of a sign structure.
STREAMER - Any piece of cloth, plastic or other flexible material more than 10 feet in length when unfurled and placed on the ground and attached at one or both ends to a mast, pole, building or structure. A streamer must be solid in color, contain no copy and, when unfurled and placed flat on the ground, must have a width of no more than 12 inches. A streamer must be made of weatherproof material, and securely fastened to a mast, pole, building or structure. A streamer shall be considered a sign. A streamer is permitted only as a temporary sign.
UTILITY SIGN - The standard signs erected and maintained by or at the direction of a public utility. Such signs are limited in size to 12 inches by 12 inches and shall be placed in an area designed to inform the public of the location or the presence of utility facilities available to or for the service of the general public. Such signs may only be illuminated by illumination not exceeding 40 watts of power. A utility sign may be created or maintained only in a business or industrial district and is not subject to the restrictions found in § 213-398, 213-400 or 213-401.
VEHICULAR SIGN - Any letter, groups of letters, words or other devices or representations which form or are used as or are in the nature of an announcement, advertisement or other attention-directing device, placed, painted, affixed, annexed or attached upon a motor -vehicle, trailer or other vehicle commonly used for transportation, travel or delivery, whether or not such motor vehicle, vehicle or trailer is operable or registered. Excluded here from are motor vehicles, vehicles or trailers lawfully registered and insured, regularly used in the business conducted on the premises and not having attached thereto temporary or removable signs.
WALL SIGN - Any sign, other than an entrance sign, affixed to or incorporated into the exterior face of any wall of any building and which does not extend more than 12 inches beyond such wall at any point of measurement.
WINDOW SIGN - Any sign that is affixed to or painted on the interior of a window or any sign located within one foot of the inside face of the window, which sign is designed to be visible from the exterior of the window 213-388. Construction and maintenance.
A. All signs shall be securely built subject to the approval of a Building Inspector as to the structural safety thereof by recognized engineering standards. All wood portions of signs and sign structures must be painted or treated to prevent decay.
B. Every sign shall be maintained in good structural condition at all times. All signs shall be kept clean and neatly painted, including all supports and appurtenances. The Building Inspector or his duly authorized representative shall have the authority to order the painting, repair, alteration or removal of a sign which constitutes a hazard to the public health, safety or general welfare by reason of inadequate maintenance, dilapidation or obsolescence.
C. All electrical signs shall conform and be maintained in accordance with the specification standards of the National Board of Fire Underwriters.
AUTOMOTIVE ACCESSORY ITEMS - Products directly related to the maintenance of vehicles designed and/or employed, in whole or in part, for travel upon public and private roadways, such as oil, transmission fluid, brake fluid, polish, wax, fuel additives and treatments, wipers, tires, batteries, windshield wiper fluid, cleaning fluids and/or substantially similar items.
CONVENIENCE STORE - An establishment offering the retail sale of household consumer merchandise. A maximum size for a "convenience store' shall be one thousand five hundred (1,500) square feet and eight hundred (800) square feet of retail area or such smaller size as the Planning Board determines is suitable to the subject property and surrounding community.
FUELING POSITION - A location at which a single vehicle may be fueled from a product dispenser. The number and precise location of "fueling positions" presented on any site plan shall be determined by the Planning Board.
GASOLINE SERVICE STATION - Any establishment in which the sale or storage of automotive fuel is the principal activity and/or constitutes a substantial or significant portion of the goods offered and/or services rendered.
KIOSK - A building no larger than ten (10) feet in height and one hundred forty-four (144) quare feet in floor space which is employed exclusively for the retail sales transaction of automotive fuel, kerosene and automotive accessory items and/or storage. If a "kiosk" constitutes the principal building on site, a maximum size of three hundred (300) square feet of floor space may be constructed.
MAJOR COMMERCIAL THOROUGHFARE - As employed in this Article, designated as any roadway possessing a state and/or county route number. A roadway possessing a state and/or county route number for a portion of its course shall be considered a "major commercial thoroughfare" only with regard to such portion.
MINOR REPAIRS - Aside from the sale of automotive fuel, kerosene and automotive accessory items, incidental maintenance of a vehicle, such as the addition of vehicular fluids, replacement of wiper blades or substantially similar activity.
PRODUCT DISPENSER - A device which dispenses automotive fuel and/or kerosene. A 'product dispenser" may contain multiple hoses or be capable of serving more than one (1) fueling position simultaneously.
PUBLIC GARAGE - A building or portion thereof, other than a private garage, designed or used for equipping, repairing, renting, parking or storing motor vehicles.
PUMP ISLANDS - A concrete platform measuring a minimum of six (6) inches in height from the paved surface on which product dispensers are located.
JUNKYARD - The premises from which a junk business or a motor vehicle junk business is conducted as such terms are defined in § 143-1 of this Code.
CONTAINER - An enclosed structure with no foundation used for storage.
TRAILER - A vehicle, not propelled by its own power, which is capable of being drawn on the public highways by a motor vehicle, including but not limited to non-self-propelled vehicles used as living or sleeping quarters, as offices or for commercial storage or construction purposes, but excluding vehicles used to carry boats.
ACCESSORY USE -- An accessory use serves the principal use, is subordinate in area, extent or purpose to the principal use, and is located on the same lot as the principal use. Examples of such uses include transmission equipment and storage sheds.
ANCILLARY EQUIPMENT -- Equipment necessary to the secure and successful operation of a wireless facility, including, but not limited to, a support structure, antenna, transmitting, receiving, and combining equipment, equipment shelter, fencing, transmission cables and telephone lines, utility lines and backup power source.
ANTENNA AND/OR BEACON -- A system of electrical conductors that transmit or receive radio frequency waves.
COLLOCATION -- The use of any communication, transmission and/or reception antenna and/or towers, radio, television and/or telecommunications beacons to carry two or more antennas by two or more service providers.
FAA -- Federal Aviation Administration of the United States.
FCC -- Federal Communications Commission of the United States.
PERSONAL WIRELESS SERVICE FACILITY -- Any unmanned facility used in connection with the provision of wireless services, including, but not limited to, antenna, ancillary telecommunication equipment, telecommunication towers and access. A wireless facility includes all equipment and structural components needed to construct a complete wireless facility.
PREEXISTING TOWERS AND ANTENNAS -- Includes any and all towers or antennas possessing a valid, current and proper building permit and/or special use permit issued prior to the effective date of this article.
TOWER -- Including any structure designed and constructed primarily for the purpose of supporting one or more antennas for telephone, television, radio and similar communication purposes, including self-supporting lattice towers, guyed towers or monopole towers, radio and television transmission and reception towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and similar structures, inclusive of the structure and any support systems appurtenant thereto.
AGGREGATE Any crushed rock, gravel, sand or other granular material suitable for the manufacture of hot-mix asphalt or concrete.
BITUMEN Any of a class of black or dark-colored solid, semi-solid or viscous flammable mixtures of hydrocarbons and other substances, occurring naturally or obtained by distillation from coal or petroleum, that are a component of asphalt and tar and are used for surfacing roads and for waterproofing.
HOT-MIX ASPHALT (HMA) A paving material comprised of a mixture of hot dry aggregate and bitumen.
HOT-MIX ASPHALT PLANT, HOT-MIX ASPHALT FACILITY All the component structures, buildings and material storage areas of a site used for the production of hot-mix asphalt by mixing hot dry aggregate with bitumen or similar asphalt petroleum products. Neither the manufacture of aggregate (i.e. stone crushing) nor bitumen is considered part of the hot-mix asphalt production process for the purposes of this Code.