Talkin’ Code with Andrew Getty

Town of Webb Zoning Ordinance contains particular set of definitions

ZONING DEFS

This may not be another story of someone who came in to the code office with an interesting question, but these are common terms used in the local zoning ordinance that have specific meanings.

Do not confuse these definitions with other laws or regulations; they are specific to the town’s zoning ordinance. Besides, this makes for a quick article so I can spend a little more time walking barefoot along the beach! …Nope, not the waterfront in Old Forge either!

BUILDING, DETACHED: A building surrounded by open space on all sides on the same lot. A building connected to another building with a trellis, canopy, roof without walls or other unenclosed structural attachments or components is a detached building.

BUILDING, PRINCIPAL: A building in which is conducted a primary use of the lot on which said building is situated. There may be more than one principal building on a lot.

COMMERCIAL USE or COMMERCIAL: A use regularly conducted for profit and involving a payment or fee for sale, rental, production, storage or distribution of goods or services, including recreation or entertainment activity.

For purposes of this Ordinance, a rental dwelling is not considered to be a commercial use.

CONDITIONAL USE: A use that would not be appropriate generally or without restriction throughout a zoning district, but which, if controlled as to number, area, location, size, characteristics or relationships to surrounding uses or the neighborhood, may be permitted if specific provision for such conditional use is made in the Ordinance, after application to and authorization by the Planning Board of issuance of a Permit by the Enforcement Officer for said use.

CONTRACTUAL ACCESS:A right other than fee-simple ownership to enter upon and travel across a lot including use of any features and resources on the lot and on water adjoining the lot, granted through deed, contract, covenant, membership or other means.

DISTANCE, DIMENSION, WIDTH, DEPTH, FRONTAGE, ETC.: All such terms mean horizontal measurement in feet.

FISHING/HUNTING CLUB, LODGE: Land and necessary appurtenant facilities for use by a membership club or organization and permitted guests for fishing and/or hunting purposes. Such land and buildings need not have frontage on or public access to a public highway or body of water.

LODGING FACILITY – BED AND BREAKFAST/TOURIST HOME: A commercial use conducted in an owner-occupied dwelling and providing shortterm lodging on a daily rate for transient guests in not more than four sleeping rooms and involving not more than nine persons, with or without meals, where the exterior character of the dwelling is essentially unchanged.

Such facility shall not include a restaurant or other accessory uses available to the general public.

LOT WIDTH, STREET: The distance between side lot lines measured along a line which is a consistent distance from the front lot line equal to the minimum front yard dimension required for use.

LOT WIDTH, SHORELINE: The distance between side lot lines measured along a straight line connecting the side lot lines, which line is at right angles to the shortest side lot line where said side lot line intersects the shoreline.

NONCONFORMING LOT: Any lot which does not conform with the minimum lot area, lot width or other standards for the existing or intended use in the zoning district in which it is located, and which lot existed  legally on the effective date of this Ordinance or on the date of an amendment of this Ordinance which resulted in such nonconforming lot.

RECREATIONAL LIVING UNIT: A mobile recreational housekeeping unit including motor home, travel trailer, camper, converted bus, tent-trailer, camper trailer, tent, or similar device used for temporary portable housing.

SETBACK (MINIMUM

YARD DIMENSION): The required dimension of a yard, measured from front, side and rear lot lines to lines parallel to said lines, and intended to define building lines or to otherwise define portions of a lot which may be used for buildings or other structures.

STREET: A term generally meaning a Town or other publicly-owned right-of-way intended for public vehicular and other traffic, but also including a private street right-of-way intended for limited vehicular and other traffic and access to adjoining lots or land.

Streets are classified by function in accordance with the land subdivision regulations of the Town of Webb

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