§ 156-8. Definitions.

For the purposes of this chapter, certain words and terms used herein are defined as follows:

ACCESSORY BUILDING

A building detached from and subordinate to the main building on the same lot and used for purposes customarily incidental to those of the main building.

ACCESSORY DWELLING UNIT (ACCESSORY APARTMENT)

A dwelling unit as defined in this chapter, which is subordinate no and located within an existing single-family dwelling or existing accessory building.

ACCESSORY USE

A use which is customarily incidental and subordinate to the principal use of a lot, water area or a building and located on the same lot or water area therewith.

ALTER

To change, enlarge or rearrange the structure or parts of the existing facilities of a structure or to move a building from one location or position to another.

APARTMENT HOUSE, GARDEN-TYPE

A multifamily residential structure of not more than two stories containing three or more dwelling units.

AUTOMOBILE SERVICE STATION

Any area of land, including structures thereon, or any building or part thereof that is used for the sale of motor fuels and which may include the sale of motor vehicle accessories, facilities for lubricating, washing or otherwise repairing and servicing motor vehicles, but not including body work, painting or the sales of vehicles.

BAR

An establishment primarily devoted to the serving of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages.

[Added 12-17-2008 by L.L. No. 6-2008]

BASEMENT

That space of a building that is partly below grade which has more than half of its height, measured from floor to ceiling, above the average established curb level or finished grade of the ground adjoining the building.

BEACH, COMMERCIAL

A natural or man-made shore adjacent to a body of water or a constructed pool, open to the general public for a fee.

BED-AND-BREAKFAST ESTABLISHMENT

An owner-occupied dwelling in which no more than four bedrooms are available as overnight accommodations for paying, transient guests to whom a morning meal may be served.

[Added 3-1-1995 by L.L. No. 2-1995]

BILLBOARD

A sign which directs attention to a product, business, service or entertainment conducted, sold or offered elsewhere than upon the lot on which said sign is located.

BOARDING, LODGING OR ROOMING HOUSE

A dwelling having no more than one kitchen, occupied by one family and three or more boarders, roomers or lodgers who are lodged with or without meals and who use it as a temporary residence.

BUILDING

A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy or use and having a roof.

BUILDING LENGTH

The mean horizontal distance between the furthermost walls of a building.

CAMP

Any area of land or land and water, including any buildings, tents, shelters or other accommodations for recreational use, including such accommodations suitable for temporary or seasonal group living purposes.

CAMP, DAY

Any camp, as defined in this chapter, offering day care or instruction for adults or children and not qualifying as a private educational institution or day nursery, as defined in this chapter.

CELLAR

That space in a building that is partly or entirely below grade and which has more than half of its heights measured from floor to ceiling, below the average established curb level or finished grade of the ground adjoining the building.

CLUSTER DEVELOPMENT

A residential development that obtains a lot count through conventional subdivision approval, then develops the parcel at the same density that would be allowed in the zoning district in which the site is located, provided that the remaining undeveloped land shall be reserved and improved for permanent open space use.

[Amended 7-2-2008 by L.L. No. 2-2008]

CONVALESCENT HOME or NURSING HOME

Any establishment where three or more persons suffering from or afflicted with or convalescing from any infirmity, disease or ailment are habitually kept or boarded or housed for remuneration other than a group home or community residence, as defined by the Laws of the State of New York, municipal or incorporated hospitals and establishments for the care of the mentally ill, licensed by the State Commissioner of Mental Hygiene, or maternity homes licensed by the State Commissioner of Health or other governmental agencies.

COVERAGE

The percentage of the lot area covered by the combined area of all buildings or structures on the lot, including the area of any floor space projecting beyond the outer limits of the first floor of all buildings on the lot, and excluding paved areas and underground fuel, drainage and water and sewer systems.

DAY-CARE CENTER

A program licensed by the New York State Department of Social Services pursuant to § 390 of the New York Social Services Law that provides care for seven or more children for more than three hours but less than 24 hours a day away from the child's home by an individual, association, corporation, institution or agency except those programs operating as group family day-care centers. "Day-care center" shall not refer to a day camp, an after-school program operated for the primary purpose of religious education or a facility operated by a public school district.

[Added 11-7-2001 by L.L. No. 5-2001]

DESIGNED SHOPPING CENTER

One or more buildings containing retail stores, service, professional offices, eating, drinking or entertainment establishments and accompanying on-site parking, loading and vehicular and pedestrian circulation facilities, in accordance with a comprehensive design.

[Added 9-22-1982; amended 7-2-2008 by L.L. No. 2-2008]

DWELLING, MULTIFAMILY

A building containing three or more dwelling units.

DWELLING, MULTIFAMILY, FOR THE ELDERLY

A building containing three or more dwelling units all of which are occupied exclusively by persons 55 years of age or older, the spouse of any such person and/or the adult dependent handicapped or disabled child of any such person.

[Added 10-21-1998 by L.L. No. 9-1998; amended 7-10-2002 by L.L. No. 2-2002]

DWELLING, SEMIDETACHED

A building with one or two dwelling units beside the other, completely separated therefrom by a party or common wall with no openings therein.

DWELLING, SINGLE-FAMILY

A detached building designed for occupancy as one dwelling unit for one family.

DWELLING, TWO-FAMILY

A detached building designed for occupancy as two dwelling units for two separate families.

DWELLING UNIT

One or more rooms with provisions for living, cooking, sanitary and sleeping facilities arranged for the use of one family.

EDUCATIONAL INSTITUTION, PRIVATE

Any nonpublic school or institution conducting a regularly scheduled curriculum of study similar to that of the public schools, and operated by not-for-profit corporations under the Education Law of New York State. This does not include schools of a correctional nature, training schools or homes for delinquents or any other similar institutions having legal custody of their inhabitants.

FAMILY

Two or more persons related by blood, marriage or legal adoption, or five unrelated adults living together as a single housekeeping unit.

FARM

A parcel of land used for the purposes of producing agricultural or horticultural products, including nursery stock and livestock customarily kept on a farm, but not including the breeding, raising or maintaining of fur-bearing animals, animal kennels and riding academies. A noncommercial garden or greenhouse accessory to a residential use shall not be deemed a "farm" or farm use.

FLOOR AREA

The sum of the gross horizontal areas of any building or buildings, measured from the interior faces of interior walls. "Floor area" shall not include cellar space, stairways, unenclosed porches and breezeways or any floor space with a floor-to-ceiling height of less than seven feet.

GARAGE, PRIVATE

A building or part thereof used by residents or other occupants of the site primarily for the storage of their motor vehicles. No more than one commercial licensed vehicle with a net weight exceeding 6,000 pounds and an overall length exceeding 20 feet shall be permitted to be stored in such garage.

GRADE, FINISHED

The finished grade at any point along the wall of a building shall be the elevation of the completed surfaces of lawns, walks and roads adjoining the wall at that point.

HEIGHT OF BUILDING

The vertical distance measured from the average elevation of the finished grade at the front of the building to the highest point of the roof in the case of flat roofs and, in the case of pitched roofs, from that average elevation of the finished grade to the average height of the gable.

HOME OCCUPATION

An activity conducted within a dwelling and carried on by an inhabitant thereof, which use is secondary to the use of the dwelling for dwelling purposes as customarily found in the home, and does not change the character thereof. Individuals engaged in the teaching of a musical instrument, including voice instruction where limited to a single pupil at a time, and the occupation of dressmaker, milliner or seamstress are deemed to be home occupations. Dance instruction, band instrument instruction in groups, tearooms, beauty parlors, barbershops, real estate offices or insurance offices shall not be deemed home occupations. (See § 156-18.)

HOSPITAL

Unless otherwise specified, includes a sanatorium and any other place for the diagnosis, treatment or other care of human ailments, but not including a rest home, medical clinic, nursing or convalescent home, community residences or group homes, as defined by the laws of the State of New York.

HOTEL

A building or portion thereof, with or without individual kitchen facilities, other than a boarding, lodging or rooming house or motel, as defined herein, containing 50 or more rooms, occupied or intended to be occupied primarily by transients and where there may be a general kitchen, dining facilities and other public rooms for the use of all guests.

[Added 12-28-2005 by L.L. No. 4-2005]

HOUSE TRAILER

Any portable or mobile vehicle used or intended to be used for living purposes.

HOUSE TRAILER, IMMOBILE

Any house trailer other than a mobile house trailer.

HOUSE TRAILER, MOBILE

Any house trailer with its wheels, rollers or skids in place or capable of being readily moved from its location and having only temporary connections if connected to any water, electric or sewage disposal system.

JUNKYARD

A lot or part thereof or a structure used primarily for the collection, storage or sale of wastepaper, rags, scrap metal or other scrap or discarded material or for collecting, dismantling, storage and salvaging of machinery or vehicles not in running condition or for the sale of parts thereof.

LOADING SPACE

A space, open or enclosed, for the loading or unloading of goods to or from a vehicle, having safe and convenient access to a street, at least 12 feet wide, 35 feet long with 14 feet of headroom.

LOT

A parcel of land not divided by street.

LOT AREA

The total horizontal area included within lot lines.

LOT, CORNER

A lot located at the junction of and having at least 50 feet of frontage on two or more intersecting streets.

LOT DEPTH

The mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lot lines.

LOT LINE

Any boundary of a lot.

LOT LINE, REAR

The lot line which is generally opposite the front lot line. If the "rear lot line" is less than 10 feet in length or if the lot comes to a point at the rear, the "rear lot line" shall be deemed to be a line parallel to the front line not less than 10 feet long, lying wholly within the lot and farthest from the front lot line.

LOT WIDTH

The width of the lot measured at right angles, at the midpoint of the lot depth.

[Added 12-14-1983]

MAIN BUILDING

A building in which the main or principal use of the lot is conducted.

MOTEL

A building or building group designed for occupancy as the temporary residence of individuals who are lodged with or without meals and in which no provision is made for a guest's cooking in any individual room or suite.

[Amended 12-28-2005 by L.L. No. 4-2005]

NIGHTCLUB

An establishment where alcoholic beverages may be sold and consumed on the premises and where live entertainment and/or centrally controlled recorded performances take place and which may contain a stage, staging area and/or designated dance floor. A nightclub does not include live dancing of undressed or semidressed persons.

[Added 12-17-2008 by L.L. No. 6-2008]

NONCONFORMING USE

A use of a building or of land that does not conform to the regulations as to use in the district in which it is situated.

NURSERY, DAY

A place, building or structure designed to provide care or instruction for two or more children under six years of age.

NURSING HOME

See "convalescent home."

OUTDOOR DINING

An outdoor area, on private, commercially used property, either on a sidewalk or other designated area, providing area for patrons/customers to sit or to stand, with or without tables, intended for the consumption of food and/or drinks.

[Added 12-17-2008 by L.L. No. 6-2008]

PARKING SPACE

An off-street space which, exclusive of driveways and turning areas, is at least 10 feet wide and 20 feet long, each space shall abut sufficient aisle space to be functional. However, a parking space may have dimensions of 10 feet by 18 feet if a raised bumper is provided allowing for a minimum two-foot overhang.

PERMANENTLY IMPROVED SPACE

Parking, loading or other space paved in accordance with specifications of the Town of Carmel.

RECREATION CENTER

A planned facility, including any building or group of buildings and outdoor areas, open to use by or catering to the general public where recreational, athletic, meeting or exhibition facilities are provided, including playing fields, courts, arenas or halls designed to accommodate sports and recreational activities such as but not limited to billiards, bowling, gymnasiums, health spas, skating rinks, tennis courts, paddle tennis, handball and squash facilities, swimming pools, golf facilities and meetings and uses accessory and incidental to such uses including but not limited to facility offices, viewing areas, locker rooms, eating and drinking facilities and retail sale of goods associated with the primary activities. Facilities for automobile or animal racing are specifically excluded.

[Added 1-17-2007 by L.L. No. 2-2007]

RESIDENTIAL STORAGE SHED

A building in excess of 150 square feet with a height no greater than 14 feet, accessory to a one-family dwelling, for storage such as but not limited to residential tools, gardening supplies, furniture, sporting goods, etc., located in a rear or side yard of a lot in the residential zone.

[Added 8-7-2013 by L.L. No. 4-2013]

SELF-STORAGE WAREHOUSE

A building or group of buildings divided into separate units or compartments, used to meet the temporary storage needs of businesses and residential users.

[Added 7-2-2008 by L.L. No. 2-2008]

SIDEWALK

Any paved area between the curbline and a structure, whether publicly or privately owned, which is used by the public or open to use by the public.

[Added 12-17-2008 by L.L. No. 6-2008]

SIDEWALK CAFE

An outdoor dining and drinking area located on the public sidewalk, which is public through dedication, easement or public right-of-way, that provides waiter or waitress service and contains readily removable tables, chairs and railings and may contain planters. It is otherwise unenclosed by fixed walls and open to the air, except that it may have a retractable awning or umbrella.

[Added 12-17-2008 by L.L. No. 6-2008]

SIGN

Any device or representation for visual communication used as or which is in the nature of an advertisement, announcement or direction, including any letter, word or model, banner, pennant or insignia, but excluding any public traffic, street or directional sign.

SITE PLAN

A development plan of one or more lots which shows the existing and proposed conditions and structures located or to be located on the lot, including all items specified in § 156-61.

SMALL RESIDENTIAL STORAGE SHED

A building, not more than 150 square feet with a height no greater than 14 feet, accessory to a one-family dwelling, for storage such as but not limited to residential tools, gardening supplies, furniture, sporting goods, etc. located in a rear or side yard of a lot in the residential zone.

[Added 7-2-2008 by L.L. No. 2-2008; 8-7-2013 by L.L. No. 4-2013]

STORY

That part of any building comprised between the level of one finished floor and the level of the next higher finished floor or, if there is no higher finished floor, then that part of the building comprised between the level of the highest finished floor and the underside of the roof beams. If a mezzanine floor area exceeds 1/3 of the area of the floor immediately below, it shall be deemed to be a story. A basement shall be deemed to be a story when the finished floor immediately above is seven feet or more above the average elevation of the finished grade. A cellar shall not be deemed to be a story. An attic shall be deemed to be a story where it meets the requirements for habitable space.

STREET

A way which is an existing state, county or Town highway, or a way shown upon a subdivision plat approved by the Town Planning Board, as provided by law, or on a plat duly filed and recorded in the office of the County Clerk.

STRUCTURE

Anything constructed or erected, except fences and/or walls with a height of six feet or less, which requires location on or in the ground or attachment to something having a location on or in the ground.

SUBDIVISION

The division of any parcel of land into two or more lots, plots, sites or other division of land, with or without streets, including any change of property lines.

TOWN PLAN

A Comprehensive Plan for development of the Town, prepared by the Planning Board pursuant to § 272-a of the Town Law, which indicates the general locations recommended for various public works and reservations and for the general physical development of the Town, and includes any part of such plan separately adopted by the Town Board and any amendment to such plan or parts thereof.

USABLE OPEN SPACE

A portion of the ground area of a lot which is available and accessible to all occupants of a dwelling unit or dwelling units on said lot for outdoor use, which area is not devoted to driveways or parking spaces, is at least a twenty-five foot minimum dimension and has no more than 10% of its area with a grade of more than 5%.

USE, PRINCIPAL

The primary purpose for which land, water or building or structure is used, designed, arranged, intended or for which it is or may be occupied or maintained.

WATERCRAFT

A boat, ship, or water vehicle driven by air, motor, or human power, intended for recreational purposes.

[Added 8-7-2013 by L.L. No. 4-2013]

YARD, FRONT

An open space within and extending the full width of the lot between all street lines and the parts of the building nearest to such street lines. The depth of a front yard shall be measured at right angles to the front line of the lot and from the existing or proposed right-of-way line (or other properties, e.g., the City of New York's) as proposed by the responsible public entity.

YARD, REAR

An open space within and extending the full width of the lot between the rear lot line and the parts of the building nearest to such rear lot line. The depth of a rear yard shall be measured from the rear line of the lot or its vertical projection to the part of the building that is nearest thereto at any story level.

YARD, SIDE

An open space within and extending the full length of the lot, between the side lot line and the part of the building nearest to the lot line. The width of a side yard shall be measured at right angles to the side line of the lot.

Added 9-13-1995 by L.L. No. 6-1995; amended 1-21-1998 by L.L. No. 1-1998