An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, other periodicals, films, slides and video tapes, and which establishment is customarily not open to the public generally but excludes any minor by reason of age.

A drive-in theater that customarily presents motion pictures that are not open to the public generally but excludes any minor by reason of age.

A public or private establishment which presents topless dancers, strippers, male or female impersonators, lingerie and other private modeling, 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.

Any establishment the uses for which are restricted to persons over 18 years of age, and not accessible to minors.

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.

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 film, 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.

A theater or other establishment which presents material in a form of live shows, films or videotapes viewed from an individual enclosure or private room for which a fee is charged, which is not open to the public generally but excludes any minor by reason of age.

A theater that customarily presents motion pictures, films, videotapes or slide shows that are not open to the public generally but exclude any minor by reason of age.

A separate self-contained dwelling unit which contains a maximum gross floor area of 600 square feet and no more than one bedroom, which is designated for occupancy by no more than two persons and which is located in a structure containing no more than one dwelling unit which contains at least 900 square feet of floor space finished for dwelling purposes, exclusive of basement, cellar, attic or garage. In order to be considered an "accessory apartment," such a dwelling unit must meet all the requirements of the above definition.

Any physical structure.

The area within any physical structure erected, including overhang, carports or other extensions of the building.

The vertical distance between the average finished ground elevation at the building line and the highest point of the building which shall include any parapet, penthouse, elevator tower, mechanical equipment or other appurtenances.

An establishment conducting meetings, services and similar gatherings for scientific, philanthropic or religious purposes. A "conference center" differs from a school in that no accreditation or continuous curriculum is involved and meetings, seminars, etc., are short, a maximum of two weeks, and the clients are primarily adults. Artistic performances or exhibitions of works of art are not considered meetings or seminars. Temporary accommodations for participants may be provided, subject to restrictions.

As used in the computation of required off-street parking spaces, the gross floor area of a building or part of a building owned or leased and available for use by a nonresidential user, except for basements and attics used exclusively for storage and common areas, such as halls, cleaning closets or elevators, in a multioccupant building. An entire floor in a converted former residential building may be excluded from the gross floor area calculations if a binding agreement, satisfactory to the Planning Commission and the Village Attorney, is executed that will assure that the floor will remain vacant.

The area within open space which is appropriately landscaped or covered with natural vegetation; parking, outdoor storage, dumpsters or similar uses are not permitted in areas designated as "green space" on an approved site plan or subdivision plat.

Any use conducted by a resident entirely within a single-family or two-family dwelling or its accessory building for gain, and which use is clearly subordinate to the use of the dwelling as a place of residence, and which complies with the conditions and criteria of § 242-5 of this chapter.

Any lot or part of a lot on which are housed four or more adult dogs.

Any lot, parcel of land or group of Tax Map parcels held in common ownership and developed or intended to be developed as a unit, which does not conform to the requirements of the Code with respect to any of the following:

Any commercial establishment where food and/or drink is served and which either provides live entertainment or an opportunity for patrons to dance.

The area not within the building area.

A rectangle of at least nine feet by eighteen feet with a generally level surface which is paved or otherwise treated to provide a firm impervious surface with unobstructed direct access to an aisle or driveway. Where a "parking space" is skewed it must contain a rectangle of at least 9 feet by 18 feet.

An establishment where scientific research is conducted in libraries or fully enclosed laboratories, subject to restrictions.

A library open to a restricted section of the public, catering to special interest group(s) and specializing in selected scientific, artistic or educational subject matters.

A group of three or more single-family attached dwellings sharing common party walls so that the two dwellings at the end of the row each share one party wall with an adjoining unit and the other dwellings in the row share two party walls each.

A structure designed for occupancy by one family, which shares one or two party walls with one or two adjoining attached single-family dwellings. Each "attached single-family dwelling" is completely self-contained for independent family living.

The line dividing private or public property from the street or other public thoroughfare.

Any building or structure or any group of buildings or structures on the same lot, which does not conform to the requirements of the Code with respect to any of the following:

A body of water in an artificial receptacle or other container having a depth of water at any point greater than 42 inches or having a water surface area greater than 150 square feet, whether located indoors or outdoors or above ground or below ground, which is used or intended to be used for swimming or bathing, including all structures, appurtenances, equipment, appliances or other facilities pertinent to and maintained for the operation thereof.

A separate building or structure containing two independent dwelling units each containing at least 900 square feet of finished floor space (exclusive of cellar or basement), each unit being self-contained with cooking and toilet facilities, and a separate exit to the outdoors. A building or structure containing only one dwelling unit with at least 900 square feet of finished floor space and an accessory apartment is not a "two-family dwelling."

A use which is incidental and subordinate to the primary use of the lot, or of the building(s) thereon, on or in which the accessory use is carried on.

Includes but is not limited to such uses as manufacturing uses in primary production of materials, such as asphalt, cement, charcoal, chemicals and related products, which are associated with noise, air or liquid or solid pollution, as well as storage or processing of the same; junk, salvage or auto wrecking yards; quarries and related earth excavation; and, subject to the provisions of § 242-9B(2), the manufacture or storage of substances designated as hazardous or toxic under state and federal law.

The use of land designed to accommodate activities which can conform to to a high level of performance standards. Establishments of this type are within completely enclosed buildings or structures. Such uses may include but are not limited to hand assembly, machine packaging, hand alteration or any other processing of materials into finished products or component parts, which processes conform to the performance standards set forth in this chapter.

Any use of property or premises in the Village of Colonie that does not conform to the Code of the Village of Colonie. A "nonconforming use" shall be lawful when it is permitted upon variance or is based upon a use of property that precedes the existence of an ordinance or local law in the Village of Colonie establishing a more limited use in any way for such property. The term "nonconforming use" shall apply only to the use or activity taking place on the property or premises, not to the property, premises or structure where the activity takes place.

A space unoccupied by buildings or structures between a lot line and a line parallel thereto running through the nearest point of the nearest building or structure to said lot line. In case of a building overhang, a "yard" shall be measured to the vertical projection of the overhang onto the ground.

A yard situated between the main building and the front line of the lot and extending the full width of the lot.

A yard situated between the main building and the rear line of the lot and extending the full width of the lot.

A yard situated between the main building and the side line of the lot and extending from the front yard line to the rear lot line. Any lot line not a rear line or a front line shall be deemed a side line.