Text · page 7 of 39
above it or, if there is no floor above it, then the space between any floor and ceiling next above it. A basement shall be counted as a "story" for purposes of height measurement if the ceiling is more than five feet above the average adjoining ground level. A "half-story" is a story under a sloping roof, having a ceiling height of seven feet or more or not exceeding 1/2 the floor area of the uppermost full story in the building. STRUCTURE — Anything constructed or erected which requires permanent location on the ground or attachment to something having such location. STRUCTURE ALTERATIONS — Any change in the supporting members of a building or other structure, such as bearing walls, columns, beams or girders. SUBDIVISION — Any tract of land which is divided into five or more parcels, effective August 1, 1977, along any existing or proposed street(s), highway(s), easement(s) or right(s)-of-way for sale or for rent as residential lots or residential building plots, regardless of whether the lots or plots to be sold or offered for sale or lease for any period of time are described by metes or bounds or by reference to a map or survey of the property or by any other method of description and regardless of whether the lots or plots are contiguous. A tract of land shall constitute a "subdivision" upon the sale, rental or offer for sale or lease of the fifth residential lot or residential building plot therefrom within any consecutive three-year period, and the same shall apply to all such parcels thereof, including the first four parcels, regardless of whether said parcels have been sold, rented or offered for sale or lease, either singly or collectively. The word "tract" shall mean any body of land, including contiguous parcels of land, under one ownership or under common control of any group of persons acting in concert as part of a common scheme or plan. "Residential building plot or lot" shall mean any parcel of land of five acres or less, any point on the boundary line of which is less than 1/2 mile from any point on the boundary line of another such lot in the same tract, unless any such lot may not legally be used for residential purpose. Without limiting the generality of the foregoing, the term "residential" shall include temporary, seasonal and permanent residential use. "Subdivision" does not include any parcel of land acquired as one parcel for the residential purposes as provided in the New York Public Health Law § 1115-a. TELECOMMUNICATIONS FACILITIES — Towers and/or antennas and their accessory structures together used in connection with the provision of cellular telephone service, personal communications services, digital and/or data communication services, paging services, radio and television broadcast services and similar broadcast services. (Also referred to as "facilities" or "equipment.") The aforementioned accessory structures are nonhabitable buildings or structures being used in conjunction with a tower or other telecommunications facility, and which are usually located on the same lot as those facilities. Examples of such structures include utility or transmission storage sheds or cabinets.[Added 4-9-1997 by L.L. No. 2-1997] TOWER — A structure designed to support antennas. It includes, without limit, freestanding towers, guide wires, monopoles and similar structures which do or which do not employ camouflage technology.[Added 4-9-1997 by L.L. No. 2-1997] TRAVEL OR CAMPING TRAILER — Any New York State Licensed Vehicle permanently licensed and mounted on wheels used exclusively for camping and traveling, either the folding box-type with a tent that opens or a metal shell that can be easily towed by any ordinary automobile on the highway, and shall not be deemed a house trailer under the definitions of this article. USABLE OPEN SPACE — An area on a lot with a main building, unbuilt on and open to the sky, of such shape, location and character as to be usable for laundry drying, recreational use by small children or other dwelling accessory use, but not to be used for vehicle parking. USE — The specific purposes for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained. WASTE — As provided in § 27-0303, Subdivision 7, and § 27-0901, Subdivision 11, of the New York Environmental Conservation Law. 7