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Lockport City Zoning Code

PART 5

Terminology

§ 190-50.1 Meaning and intent.

The language of this zoning law must be read literally. Regulations are no more or less strict than stated. Words defined herein shall have the specific meaning assigned, unless the context expressly indicates another meaning. Words that are not defined in this zoning law shall have the relevant meaning given in the latest edition of Merriam-Webster's Unabridged Dictionary.

§ 190-50.2 Word usage.

For the purposes of this chapter, certain terms and tenses used herein shall be interpreted or defined as follows:
A. 
Plurality. Words in the plural number include the singular number and all words in the singular number include the plural number, except as to the number of permitted structures, unless the natural construction of the wording indicates otherwise.
B. 
Tense. Words used in the present tense include the future tense. The reverse is also true.
C. 
Nouns.
(1) 
"Person" includes an association, firm, partnership, entity, or corporation or the plural of those words.
(2) 
"Lot" shall include the word "plot," "parcel," "tract," or "site."
(3) 
"Building" includes the word "structure."
(4) 
"Premises" includes a lot and all buildings or structures thereon.
D. 
Modal verbs.
(1) 
"Shall," must," "will," and "may not" are mandatory or required.
(2) 
"May" is permissive and "should" is advisory or recommended, not mandatory or required.
E. 
Conjunctions. Unless the context otherwise clearly indicates, conjunctions have the following meanings:
(1) 
"And" indicates that all connected items or provisions apply.
(2) 
"Or" indicates that the connected items or provisions may apply singularly or in combination.
F. 
Activity.
(1) 
"Occupied" shall include "designed, arranged, or intended to be occupied."
(2) 
"Used" shall be deemed also to include "designated, intended, or so arranged to be used or occupied."
(3) 
"To erect," "to construct" and "to build" a building or structure each have the same meaning and include "to excavate" for a building and "to relocate" a building by moving it from one location to another.
G. 
Measurement.
(1) 
When used with numbers, "up to X," "not more than X," and "a minimum or maximum of X" all include X.
(2) 
Unless otherwise specified, all distances shall be measured horizontally along the ground from nearest edge to nearest edge.

§ 190-50.3 Lists and examples.

Unless otherwise expressly indicated, lists of items or examples that use "including," "such as," or similar terms are intended to provide examples only. They are not to be construed as exhaustive lists of all possibilities.

§ 190-50.4 Fractions.

The following rules apply to factional number unless otherwise expressly stated.
A. 
Minimum requirements. When a regulation is expressed in terms of a minimum requirement, any fractional result of 0.5 or more must be rounded up to the next consecutive whole number. For example, if a minimum requirement calling for one tree to be provided for every 30 linear feet of frontage is applied to a 50-foot dimension, the resulting fraction of 1.67 is rounded up to two required trees.
B. 
Maximum limits. When a regulation is expressed in terms of maximum limits, any fractional result will be rounded down to the next lower whole number. For example, if a maximum limit of one dwelling unit for every 5,000 square feet is applied to a 12,500 square foot lot, the resulting fraction of 2.5 is rounded down to 2 (allowed dwelling units).

§ 190-50.5 Current versions and citations.

All references to other city, county, state, or federal laws, rules, and regulations in this zoning law refer to the most current version and citation, unless expressly indicated otherwise. When the referenced regulations have been repealed and not replaced by other regulations, zoning law requirements for compliance are no longer in effect.

§ 190-51.1 Definitions.

ACCESSORY DWELLING UNIT (ADU)
An additional, subordinate dwelling unit that may have been added to or created within a single-family dwelling. The ADU shall be on the same parcel as the primary dwelling. An ADU is differentiated from an in-law suite in that it serves as a complete independent living space with full kitchen and bathroom facilities and may have a separate entrance from that of the primary structure.
ACCESSORY USE OR STRUCTURE
A building, structure, or use (except for accessory dwelling unit) that meets the following conditions. A list of residential and nonresidential accessory uses or structures is provided in § 190-24.4.
A. 
Is customarily incidental and subordinate to and serves a principal building or use;
B. 
Is subordinate in area, extent, or purpose to the principal building or use served;
C. 
Contributes to the comfort, convenience, or necessity of occupants of the principal building or use; and
D. 
Is located on the same parcel as the principal building or use.
ADULT BUSINESS USE
See Chapter 51 (Adult Business Uses) of the City of Lockport Code.
AGRICULTURAL OPERATION OR USE
The use of land, buildings, structures, equipment, manure processing and handling facilities, and practices which contribute to the production, preparation, and marketing of crops, livestock, and livestock products as a commercial enterprise or a hobby, and including greenhouse, nursery, timber operations, compost, mulch, or other organic biomass crops, beekeeping, and commercial horse boarding/equine operations as defined in New York State Agriculture and Markets Law Article 25-AA, Section 301. This shall not include commercial garden centers or other uses primarily consisting of retail operations.
ALLEY
A public thoroughfare which affords only a secondary means of access to abutting property.
ALTERATION
As applied to a building or structure, a change or rearrangement in the structural parts, or in the entrance and exit facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.
ANIMAL GROOMING SHOP
A commercial operation that provides grooming services for domesticated animals and pets that customarily reside and are cared for within a residential dwelling.
ANIMAL HOSPITAL or VETERINARY CLINIC
A building for the treatment of animal illness including facilities for boarding animals receiving treatment.
APPLICANT
A property owner or agent of a property owner who has filed an application for a land development activity as provided herein.
APPROPRIATE
Sympathetic, compatible with, or fitting, to the context of the site and the whole community.
ASSISTED LIVING
A multiunit residence building (or buildings) designed for and restricted to the housing of persons, each of whom is at least 55 years of age, and in which personal and health- related services (such as congregate meals, housekeeping, homemaking, transportation, social activities, personal care and supervision) are provided to residents. An assisted-living facility must be licensed by the New York State Department of Health as an "adult home" or as a provider of "enriched housing" services or dementia care.
AUTOMOBILE WRECKING
The dismantling or disassembling of two or more used motor vehicles or trailers, or the storage, sale or dumping of two or more dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.
BAR
A business establishment licensed by the State of New York to serve alcoholic beverages and which establishment is designed primarily for the consumption of such alcoholic beverages on the premises, irrespective of whether food and/or entertainment are also provided as accessory uses.
BASEMENT
A story partly underground but having less than 1/2 of its clear height below finished grade.
BED AND BREAKFAST
An owner-occupied single-family residence having, as an accessory use therein, public lodging rooms and facilities for and serving food and drink prepared within the building to preregistered transient guests, which meets the requirements of this chapter.
BREWERY
An enclosed building for the manufacture, processing, bottling, and packaging of malt liquors, such as beer, ale, or ciders, but not to include distilled liquors, and duly licensed by the New York State Liquor Authority. For the purposes of this chapter, this shall include operations which include tasting rooms.
BUFFER
An area of land forming a visual and/or physical separation or barrier between two uses. In the case of a visual barrier, the land shall be covered with natural plantings or man-made material to provide a continuous physical screen preventing visual access and reducing noise. Buffer areas shall not be deemed to include driveways, roadways, parking areas, or areas otherwise comprised of hardscape or impervious materials. Also referred to as "screening."
BUILDING
Any structure having a roof supported by columns or walls, used or intended to be used, for the shelter or enclosure of persons, animals, or property. When such a structure is divided into separate parts by one or more unpierced walls extending from the ground up, each part is deemed to be a separate "building."
BUILDING AREA
The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings exclusive of uncovered porches, terraces, and steps.
BUILDING FOOTPRINT
The area of a single building at ground level measured from the exterior of the foundation walls, exclusive of attached garages, porches, terraces, breezeways, and cellars.
BUILDING HEIGHT
The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs. For accessory structures, the maximum height shall be measured to its highest point, regardless of roof structure.
BUILDING LINE, FRONT
The line of that face of the building nearest the front line of the lot. This face includes sun parlors and covered porches, whether enclosed or unenclosed, but does not include steps.
BUILDING, PRINCIPAL OR PRIMARY
A building or structure in which is conducted the main or principal use of the lot on which said building is situated.
CELLAR
A story partly underground and having more than 1/2 of its clear height below the average level of the adjoining ground. A "cellar" shall not be considered in determining the permissible number of stories.
CEMETERY
Land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbaria and mausoleums within the boundaries of such cemetery.
CHARACTER
The atmosphere or physical environment that is created by the combination of land use and buildings within an area. "Character" is established and influenced by land use types and intensity, traffic generation and also by the location, size and design of structures as well as the interrelationship of all these features.
CHARGING STATION
A site with electrical ports, outlets, or electric vehicle supply equipment (EVSE) that supplies electrical power for charging one or more plug-in hybrid or electric vehicles. A charging station may be provided in an approved parking area.
CITY
The City of Lockport, Niagara County, New York.
COMMERCIAL MESSAGE
Any message where the primary purpose of which is the commercial advertisement or promotion of a commercial entity, product, event, or service (including content on an internet website operated for a commercial purpose).
COMMON COUNCIL
The duly elected common council of the City of Lockport, Niagara County, New York.
COMMUNITY CENTER
Any building, room, or facility operated by a municipality or a non-profit agency that is intended to provide indoor recreational, educational, or social opportunities to nearby residents, but not including any retail, service, or other commercial activities.
COMPATIBLE
In harmony with location, context, setting, and historic character, as applicable. This shall include, but is not limited to:
A. 
A pleasing or congruent arrangement of elements in the design and/or appearance between two or more attributes of a structure;
B. 
A pleasing or congruent arrangement of elements in the design and/or appearance between two or more structures;
C. 
A pleasing or congruent arrangement of elements in the design and/or appearance between two or more attributes of a neighborhood; and/or
D. 
A pleasing or congruent arrangement of elements in the use or function between two or more attributes of a neighborhood, area or city.
CORNICE
A horizontal decorative molding that crowns a building, such as the top edge of a facade or over an external door or window.
COUNTY
Niagara County, New York.
DAY CARE, CHILD OR ADULT
Any licensed facility providing daytime care for two or more adults or children on a regular schedule.
DEVELOPMENT ACTIVITY
Any construction or other activity which changes the use or appearance of land or a structure or the intensity of use of land or a structure. Development activity shall explicitly include but not be limited to the following: new structures, expansions to existing structures, new uses, changes in or expansions of existing uses, roads, driveways, and excavations for the purpose of extracting soil or mineral deposits.
DISTILLERY
An enclosed building for the manufacture, processing, bottling, and packaging of distilled liquors, such as vodka, gin, whiskey, or tequila, duly licensed by the New York State Liquor Authority. For the purposes of this chapter, that shall include operations that may include tasting rooms.
DRIVE-THROUGH FACILITY
A service window, booth, or other like arrangement on the exterior of the building or structure wherein the sale of goods or delivery of services is provided directly to patrons while seated in motor vehicles located on the premises.
DRIVEWAY
A private road giving access from a public thoroughfare to a building or buildings on abutting grounds.
DWELLING
A building designed or used principally as the living quarters for one or more families.
DWELLING UNIT
One room or rooms connected together, consisting of a separate, independent housekeeping establishment with living, sleeping, cooking and sanitary facilities for use by one family.
DWELLING UNIT, UPPER FLOOR
A dwelling unit located within a mixed-use, multistory building on any floor other than the ground floor.
DWELLING, ATTACHED
A single- or two-family dwelling attached by a common wall. Once such configuration may be referred to as a townhouse.
DWELLING, MULTIFAMILY
A building or portion thereof containing three or more dwelling units and designed or used for occupancy by three or more families living independently of each other.
DWELLING, SINGLE-FAMILY
A building containing one dwelling unit and designed or used exclusively for occupancy by one family.
DWELLING, TWO-FAMILY
A building containing two dwelling units and designed or used exclusively for occupancy for two families living independently of each other; or two single-family dwellings having a party wall in common.
EXPANSION OF USE
Any change in any occupancy or use which results in an addition to the building footprint or an increase in the total interior square footage or in an increase in the total number of occupancies or uses contained within the building or structure.
FACADE
The face of a building.
FACADE, PRIMARY OR FRONT
The principal face of a building that looks onto a street, right-of-way, or open space. Buildings on corner lots shall be considered to have two primary or front facades.
FAMILY
One or more persons related by blood, marriage, civil union, or adoption; or a group of persons who need not be so related and who are living together in a dwelling unit and maintaining a common household.
FLOODPLAIN
The low lands adjoining the channel of a river, stream or watercourse, lake or other body of standing water which have been or may be inundated by floodwater. The channel of a stream or watercourse is a part of the floodplain in accordance with the National Flood Insurance Program (NFIP) as administered by the Federal Emergency Management Agency (FEMA).
FLOOR AREA
The sum of the gross areas of all floors of a building as measured from the exterior faces of exterior walls. Floor area shall not include attic or basement space.
FUNERAL HOME
A building or part thereof used for human funeral services, including chapels, embalming, autopsies, storage of caskets, funeral urns and other related funeral supplies, and the storage of funeral vehicles. This shall not include crematories.
GARAGE, PUBLIC
Any garage, other than a private garage, available to the public, operated for gain and which is used for storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles.
GASOLINE STATION
Any area of land, including structures thereon, that is used for the sale of gasoline, or any other motor vehicle fuel, and oil and other lubricating substances, including the sale of motor vehicle accessories, tobacco products and items traditionally sold in vending machines. Facilities for lubricating, washing or otherwise servicing motor vehicles may or may not be included. The painting of vehicles or any part thereof is prohibited.
HOME OCCUPATION
Any use conducted entirely within a dwelling or an accessory building and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling as a place of residence and does not alter or change the character thereof or have any external evidence of such use. The home occupation must meet the conditions and standards set forth in this chapter.
HOSPITAL
An institution for the care and treatment of the sick and injured, equipped with technical facilities and medical, nursing, and other professional and technical personnel necessary for diagnosis and treatment of persons suffering from sickness or injury which require inpatient care, outpatient care, and/or emergency room care.
HOTEL or INN
A building, or any part thereof, which contains living and sleeping accommodations for transient occupancy, has a common exterior entrance or entrances. A hotel or inn may also include incidental uses such as conference rooms or banquet rooms. Additional commercial services proposed as part of a hotel, such as restaurants, taverns, or spas, shall be considered separate uses for the purposes of this chapter and shall be permitted in accordance with district regulations.
IMPERVIOUS SURFACE
A surface composed of any material that impedes or prevents natural infiltration of water into the soil. Impervious surfaces shall include but are not limited to roofs, driveways, patios, sidewalks, parking areas, tennis courts, concrete or asphalt streets, or compacted gravel surfaces.
IMPERVIOUS SURFACE, GROSS
The total area of all buildings, structures, and surfaces of impermeable pavement or other such material that impedes or prevents natural infiltration of water into the soil underneath.
IN-LAW SUITE
A division of a primary residence added to or created within a single-family dwelling providing separate living, sleeping, eating, and sanitary facilities, but not including a full kitchen. In-law suites shall be located on the same lot as the primary residence and have a shared entrance.
KENNEL
Any place at which there are kept four or more dogs more than four months of age or any number of dogs that are kept for the primary purpose of sale or for the boarding, care or breeding of which a fee is charged or paid.
LANDSCAPE
Plant materials, topography, and other natural physical elements combined in relation to one another and to man-made structures.
LANDSCAPED AREA
The area required or permitted under this chapter to be devoted to landscaping and environmental improvement, which may include, but is not limited to, existing and new vegetation, planting beds and berms.
LANDSCAPING
The use of natural plant materials including, but not limited to, ground covers, shrubs, and trees. Landscaping also involves the placement, preservation, and maintenance of said plant materials in conjunction with associated improvements such as fences, walls, lighting, earth mounding and structures (principal or accessory).
LIGHT INDUSTRIAL USE OR ACTIVITY
The manufacture, assembly, or packing of products that are not objectionable or injurious due to smoke, noise, odors, glare, dust, or the release of hazardous materials and conducted completely within an enclosed building. Such uses or activity may also include laboratories, research and development, and similar activities conducted completely within a building.
LIVE/WORK UNITS
A single dwelling unit (e.g., studio, loft, apartment, or single-family home) consisting of both a commercial and a residential component and the uses share a common wall or floor with direct access between the residential and non-residential area. The resident of the unit shall also be the owner and/or operator of the commercial use. Live-work units are differentiated from home occupations in that the residential and/or commercial use need not be subordinate to the other in terms of floor area. Commercial operations within live-work units may include retail sales, production of materials, art, or other such craft.
LOADING SPACE
An area, exclusive of driveways, passageways, maneuvering aisles or other maneuvering space, for the loading and/or unloading of one motor vehicle used for the transport of goods.
LOT
A defined portion or parcel of land considered as a unit, devoted to a specific use or occupied by a building or a group of buildings that are united by a common interest, use or ownership and the customary accessories and open spaces belonging to the same.
LOT AREA OR SIZE
The computed area contained within the lot lines.
LOT COVERAGE
The percentage of the area of the lot covered by impervious surface.
LOT DEPTH
The mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lot lines.
LOT FRONTAGE
A lot line which is coincident with the right-of-way line of a public road, or which is measured 20 feet from the center line of a private road.
LOT LINE, FRONT
The lot line separating the lot from the street right-of-way.
LOT LINE, REAR
The lot line opposite and most distant from the front lot line.
LOT LINE, SIDE
Any lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a side street lot line.
LOT LINES
The property lines bounding the lot.
LOT WIDTH
The minimum lot width of any lot shall be measured along the minimum building setback line as required for the district in which it is located.
LOT, CORNER
A lot at the junction of and abutting upon two or more streets. For the purposes of this chapter a corner lot shall be considered to have two front yards.
MARIJUANA OR CANNABIS USE
For the purposes of this chapter, the definitions provided by the New York State Office of Cannabis Management shall apply. This includes but is not limited to the following. Where this zoning law conflicts with New York State Law, the New York State provided definitions shall take precedence.
A. 
CONSUMPTION SITEA building, structure, or lot licensed by the Cannabis Control Board for on-site consumption of cannabis product. An on-site consumption license authorizes the acquisition, possession, and sale of cannabis from the licensed premises of the on-site consumption licensee to cannabis consumers for use at the on-site consumption location.
B. 
CULTIVATIONGrowing, cloning, harvesting, drying, curing, grading, and trimming of cannabis plants for sale to certain other categories of cannabis license- and permit-holders. A cultivator's license authorizes the acquisition, possession, distribution, cultivation and sale of cannabis from the licensed premises of the adult-use cultivator to a licensed processor.
C. 
DELIVERYThe direct delivery of cannabis products by a retail licensee, microbusiness licensee, or delivery licensee to a cannabis consumer. Delivery licenses may not have a total of more than 25 individuals, or the equivalent thereof, providing fulltime paid delivery services to cannabis consumers per week under one license.
D. 
DISTRIBUTIONAny operation that sells at wholesale any cannabis product, except medical cannabis, for the sale of which a license is required under the provisions of New York State Law. A distributor's license authorizes the acquisition, possession, distribution and sale of cannabis from the licensed premises of a licensed adult-use processor, adult-use cooperative, microbusiness, or registered organization authorized to sell adult use cannabis, to duly licensed retail dispensaries, on-site consumption sites and adult-use delivery licensees.
E. 
MICROBUSINESSA duly licensed operation authorized for the limited cultivation, processing, distribution, delivery, and sale of their own adult-use cannabis and cannabis products.
F. 
PROCESSINGExtracting concentrated cannabis and/or compounds, blending, extracting, infusing, or otherwise manufacturing concentrated cannabis or cannabis products. A processor's license authorizes the acquisition, possession, processing, and sale of cannabis from the licensed premises of adult-use cultivators to licensed distributors.
G. 
RETAIL DISPENSARYAny establishment that sells at retail any cannabis product, to cannabis consumers. A retail dispensary license authorizes the acquisition, possession, sale and delivery of cannabis from the licensed premises of the retail dispensary by such licensee to cannabis consumers.
MARINA
A facility for the berthing and fueling of all types of recreational watercraft.
MECHANICAL EQUIPMENT
Equipment, devices, and accessories, the use of which relates to water supply, drainage, heating, ventilating, air conditioning, and similar purposes.
MIXED USE BUILDING OR STRUCTURE
A building or structure occupied by two or more uses of varying land use classifications, such as residential and commercial, generally a mixed use structure is a multistory building providing commercial uses on the first floor and residential and/or office uses on the upper floors.
MOBILE HOME
A vehicle or movable dwelling structure which is less than 20 feet wide, not including expanding sections thereof, and which is designed to be used for living and/or sleeping quarters and which stands on wheels or on rigid supports, or on a foundation and which contains not more than one dwelling unit; but excluding prefabricated homes or sections thereof and also excluding travel trailers as defined herein.
MOBILE HOME PARKS
A parcel of land upon which two or more mobile homes are parked and occupied for living and/or sleeping purposes.
MUNICIPAL STRUCTURE OR USE
A building, structure, lot, or other property occupied by a municipal authority, such as a local governmental agency.
NONCONFORMING LOT
Any zone lot in single ownership, where the owner of said lot does not own any adjoining property, the subdivision of which could create one or more conforming lots, which does not conform with the minimum area and/or dimensions required in the district in which the lot is situated, or for any special use, as the case may be.
NONCONFORMING STRUCTURE
A preexisting structure or sign, the design or size of which does not conform to the regulations of this chapter for the district in which it is located.
NONCONFORMING USE
A preexisting building, structure or premises legally existing and/or used at the time of adoption of this chapter or any amendment thereto, which does not conform with the use regulations of the district in which it is located.
NURSING HOME
A proprietary facility, licensed or regulated by the State of New York for the accommodation of convalescents or other persons who are not acutely ill and not in need of hospital care but who require skilled nursing care and related medical services which are prescribed by or performed under the direction of a person or persons licensed to provide such care or services in accordance with the laws of the State of New York.
OFFICE OR CLINIC, MEDICAL
A facility for the diagnosis and/or treatment of outpatients by medical professionals. This may include a group practice in which several physicians or medical professionals work cooperatively. Medical professionals include, but are not limited to, dermatologists, doctors, dentists, or psychiatrists.
OFFICE, ADMINISTRATIVE OR PROFESSIONAL
The use of a building or structure for the operation of day-to-day activities that are related to record keeping, billing, personnel, and logistics, within an organization. This shall also include the workplace of any person who earns their living from a specified professional activity, such as an accountant, engineer, architect, or financial planner. This shall not include medical professionals.
OPEN SPACE
Any area or area(s) that are undeveloped or restricted from development, provide access to light, air, and/or water, and hold some environmental, aesthetic, economic, and/or recreational value. This may include, but is not limited to, privately or publicly owned parkland and recreational facilities, farmland, woodlots, wetlands, lakes, ponds, local habitats, environmentally sensitive areas, and otherwise undeveloped lands. Open space shall not include streets or street rights-of-way, parking areas, other areas of impervious surface, yards and lots of individual dwelling units or other public improvements nor does it include required buffer areas.
OUTDOOR ASSEMBLY OR SEATING AREA
The use of an adjacent, outside area by a commercial establishment, such as a restaurant or tavern, in which the same activities which occur within the establishment may be enjoyed by patrons.
OUTDOOR SALES OR DISPLAY
The temporary placement of goods in an area outside the principal structure for advertising, display, or sale purposes as an ancillary use to a permanent nonresidential use located inside an adjacent building.
OUTDOOR STORAGE
The placement of goods in an area outside the principal structure for ancillary storage purposes to support the primary operation of a nonresidential use located inside an adjacent or nearby building.
PARAPET WALL
That portion of a building wall that rises above the level of the roof.
PARKING AREA OR LOT
An off-street area containing one or more parking spaces, with passageways and driveways appurtenant thereto, as required by this chapter.
PARKING SPACE
An area, exclusive of driveways, passageways, maneuvering aisles or maneuvering space, for the parking of one vehicle.
PEDESTRIAN-ORIENTED
Refers to a pedestrian-friendly design policy providing clear, comfortable pedestrian access to residential and nonresidential areas as well as providing for the construction of buildings, sites, and amenities to be human-scaled, purposefully engaging and accommodating pedestrians.
PERSONAL SERVICE SHOP
Any use where the premises is used to provide personal grooming services or for the cleaning or care of personal apparel or other goods. This may include, but is not limited to, barbers, nail salons, hairstylists, spas, shoe repair, etc.
PLACE OF WORSHIP
A structure, building, or place in which worship, ceremonies, and education pertaining to a particular system of beliefs are held.
PLANNED UNIT DEVELOPMENT
A development in accordance with a single plan for compatible land uses and the placement of buildings which may not conform to the district specifications of this chapter, but is otherwise consistent with the purpose and intent herein. Planned unit developments shall be subject to Articles 23 and 45 of this chapter.
PLANT MATERIALS
Trees, shrubs, vines, ground covers, grass, perennials, annuals, and bulbs.
RAIL OR TRUCK TERMINAL
A building or part of a building or premises for the storage and/or transfer of goods, wares and merchandise for the owner or others by truck or rail transport.
RECREATION OR ENTERTAINMENT FACILITY, INDOOR
Establishments providing amusement, entertainment, or recreational services occurring within a fully enclosed structure for a fee or admission charge, such as: arcades containing coin-operated amusements and/or electronic games; bowling alleys; movie theaters; laser tag businesses; indoor play center (rock climbing or inflatable party place); indoor sports fields, courts, or arenas; swimming pools; and other indoor activities determined to be substantially similar to the above. Accessory uses may be permitted to include the preparation and serving of food and/or the sale of equipment related to the principal use.
RECREATION OR ENTERTAINMENT FACILITY, OUTDOOR
Establishments providing amusement, entertainment, or recreational services occurring within in an open area or partially enclosed structure for a fee or admission charge, such as: outdoor pools, sports fields or courts, concert venues, amusement parks or rides, golf courses (including miniature), or other outdoor activities determined to be substantially similar to the above. Accessory uses may be permitted to include the preparation and serving of food and/or the sale of equipment related to the primary use.
RECREATION VEHICLE
Any vehicle other than a licensed automobile, station wagon, motorcycle, moped, pickup truck that is operated for recreation or amusement, including campers, mobile homes (self-propelled or towed), snowmobiles, all-terrain vehicles and golf carts, among others.
RECYCLING CENTER
A facility that processes source-separated non-putrescible recyclables. This shall not include any use that generates more than 15% nonrecyclable material based on their intake for a full year of operation.
RESTAURANT
Any establishment whose principal business is the retail sale of foods, which includes all edible and drinkable substances, in a ready-to-consume state for consumption on the premises or for delivery or carry-out.
RETAIL STORE
A business or commercial use or activity involving primarily the sale of merchandise or stock-in-trade to the public.
RIGHT-OF-WAY
The property under public ownership or easement normally used for the movement of vehicles and/or persons, including but not restricted to any pavement area.
SCHOOL, PUBLIC OR PRIVATE
A public or private institution in which primary, secondary, elementary, or other educational programming for children and adults is provided. Such institution shall be duly licensed, certified, and/or accredited by the State of New York.
SEQRA
The New York State Environmental Quality Review Act.
SETBACK
The horizontal distance from any building or from a specific building to the nearest point on an indicated lot line or street line.
SHORT-TERM RENTAL (STR)
A dwelling unit that is rented, in whole or part, by the owner or occupant of the dwelling to any person or entity for a period of less than 30 consecutive nights.
SIGN
Any object, device, display or structure, or part thereof, situated outdoors that is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including but not limited to words, letters, figures, designs, symbols, fixtures, colors, illumination or project images. "Signs" shall also include all sign structures. A sign for the purposes of this chapter does not include the following:
A. 
A flag or emblem of any nation, organization of nations, state or city, or any fraternal, religious or civic organization;
B. 
Merchandise, pictures or models of products or services incorporated in a window display;
C. 
Official notices issued by any court or public office or officer in the performance of a public or official duty;
D. 
Traffic control signs as defined in the New York State Vehicle and Traffic Law; and
E. 
Works of art, including murals, that do not contain any commercial message, logo, graphic, or trademark.
SIGN TYPE
The design and/or structure of a sign, including freestanding signs, wall signs, projecting signs, suspended signs, awning signs, and window signs.
SIGN, ABANDONED
A sign which for a period of 60 consecutive days has not correctly directed or informed any person or advertised a business, lessor, owner, or activity conducted on the premises where such sign is displayed.
SIGN, AWNING
A sign that is part of or attached to an awning over a door, entrance, window or outdoor service area that projects from the facade of a structure.
SIGN, BANNER
A length of fabric or similar material, strung between two points, upon which a message is imprinted.
SIGN, CHANNEL
A three-dimensional element, such as a sign letter, into which a light source, such as a lighting tube, may be placed.
SIGN, COPY
The wording, graphics, or other messaging on a sign or composing a sign.
SIGN, DIGITAL
A sign that utilizes computer-generated messages or some other electronic means of message display. These signs may include displays using incandescent lamps, LEDs, LCDs or a flipper matrix.
SIGN, DIRECTIONAL
A sign commonly associated with and limited to information and directions necessary and convenient for persons coming on the property, including signs marking entrances, parking areas, one-way driveways, rest rooms, pickup and delivery areas, or drive-throughs. Such sign shall not carry a commercial message.
SIGN, FREESTANDING
A sign not attached to any building or structure.
SIGN, GOVERNMENTAL
A sign erected and maintained pursuant to and in discharge of any governmental function or required by any general law, local law or governmental regulation.
SIGN, GROUND
A sign not attached to any building or structure, which may be flush with the ground or supported by two columns or posts provided the distance between the ground and bottommost edge of the sign is no greater than three feet.
SIGN, ILLUMINATION
The provision of lighting for a sign from a light source within the sign (internal) or from a source intentionally directed upon the sign face (external).
SIGN, INCIDENTAL
A sign containing no commercial message and typically erected to identify addresses, entrances, exits, restrooms, hours and days of operation, public utility locations, emergency addresses and telephone numbers, etc. These examples are not given by way of limitation. An incidental sign may contain any noncommercial message in accordance with this chapter.
SIGN, INTERNAL
Signs within a building not legible from the public right-of-way or adjacent lots, or any sign within an enclosed outdoor space, such as an athletic field, where such sign is intended only to be seen from within the enclosed space and is so oriented.
SIGN, LAWN
A sign constructed of materials not intended for permanent installation that are attached to a single or multiple posts for support and stuck into the ground. The height of a lawn sign shall include any posts or supports. Political campaigns, garage sales, and charitable events, for example, are often advertised with lawn signs.
SIGN, NEON
A sign that incorporates illumination through the use of neon type gas.
SIGN, NONCONFORMING
Any lawful sign existing at the time of adoption of this chapter, or any subsequent amendments thereto, which does not conform to the regulations of this chapter or to the regulations of the district in which it is located.
SIGN, OFF-PREMISE
A sign that directs attention to an entity, business, commodity, service, or entertainment conducted, sold, or offered at a location other than where such sign is located. This shall not include billboards.
SIGN, PENNANT
A length of fabric, or similar material, suspended from overhead.
SIGN, POLE
A sign not attached to any building or structure, which may be supported by one or two columns or posts where the distance between the ground and bottommost edge of the sign is greater than three feet.
SIGN, PROJECTING
A sign which is wholly dependent upon a building for support and which projects more than 12 inches from such building.
SIGN, REVERSE CHANNEL
A channel than has a face and sides, but no back, and is pinned out from a background surface so as to produce a halo effect around the letter or graphic when illuminated.
SIGN, TEMPORARY
A sign which is not intended to be used for a period exceeding 30 days and is not attached to a building, structure, or ground in a permanent manner. Such signs usually being constructed of poster board, cardboard, masonite, plywood, or plastic material and mounted to wood, metal, wire or rope frames or supports.
SIGN, WALL
A sign fastened to the wall of a building or structure in such a manner that the wall becomes the supporting structure for or forms the background surface of the sign and which does not project outward more than 12 inches from such building or structure.
SIGN, WINDOW
A sign visible from a sidewalk, street or other public place, painted or affixed on glass or other window material, or located inside within four feet of the window, but shall not include graphics in connection with customary window display of products.
SITE PLAN REVIEW
Maps and supporting information required under Article 42 of this chapter. Also referred to as "development plan."
STORY
That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above.
STORY, HALF
A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level, and in which space not more than 2/3 of the floor area is finished off.
STREETSCAPE
The scene as may be observed along a public street or way composed of natural and man-made components, including buildings, paving, planting, street hardware, and miscellaneous structures.
STRUCTURAL ALTERATION
Any change in the structural members of a building, such as bearing walls, party walls, columns, beams or girders, or any complete rebuilding of the roof.
STRUCTURE
Anything constructed or erected, the use of which requires more or less permanent location on the ground or attachment to something having a permanent location on the ground, including stationary and portable carports.
TELECOMMUNICATIONS
The transmission and reception of audio, video, data and other information by wire, radio, light and other electronic or electromagnetic systems.
TELECOMMUNICATIONS FACILITIES
Includes telecommunication towers, accessory equipment or structures and/or antennas, and/or any buildings used in connection with the provision of cellular telephone service, personal communication services (PCSs), paging services, radio and television services and similar broadcast services.
TELECOMMUNICATIONS TOWER
Any structure, including but not limited to a pole, windmill or other such structure, whether attached to a building, guyed or freestanding, designed and/or used for the support of any device for the transmission and/or reception of radio frequency signals, including but not limited to broadcast, shortwave, citizen's band, FM or television or microwave and/or for the support of any wind-driven device, whether used for energy conservation or not.
TRAVEL TRAILER
A vehicle, less than 30 feet in length and used for temporary living or sleeping purposes.
USE
The specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained.
USE, NONRESIDENTIAL
A building, lot, structure, or structure(s) containing no dwelling units and designated or intended for commercial, public, institutional, or other such use. The inclusion of dwelling units in a mixed use building or structure shall be considered a nonresidential use for the purposes of this chapter.
USE, PERMITTED
Any use of a building, structure, lot or part thereof which this chapter provides for in a particular district as a matter of right.
USE, PRINCIPAL OR PRIMARY
The dominant purpose, by area, scale, and/or intensity of use, for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained.
USE, PROHIBITED
A use of a building, structure, lot or part thereof which is not listed as a permitted, specially permitted, or accessory use.
USE, RESIDENTIAL
A building, lot, structure, or structure(s) containing a dwelling unit or grouping of dwelling units designated or intended for the housing of individuals and families, not including any commercial, public, or institutional use. The inclusion of dwelling units in a mixed use building or structure shall be considered a nonresidential use for the purposes of this chapter.
USE, SPECIALLY PERMITTED
A particular land use which is permitted within a given zoning district, subject to conditions imposed to assure that the proposed use is in harmony with the requirements of this chapter and will not adversely affect the neighborhood or vicinity if such conditions are met.
VALANCE
A projection of fabric below the main frame of an awning to create a decorative edge.
VARIANCE
The authorized departure from the terms of this chapter in accordance with the procedures set forth in this chapter and New York State Law in direct regard to a hardship peculiar to an individual lot or situation.
VEHICLE or AUTOMOBILE
Every vehicle operated or driven which is propelled by power other than muscular power, except:
A. 
Electrically driven mobility devices operated or driven by a person with a disability.
B. 
Vehicles which run on rails or tracks.
VEHICLE SALES
A commercial establishment offering new or used vehicles for sale, rental, or lease, including personal vehicles, commercial vehicles, or other registered automobiles.
VEHICLE SERVICE OR REPAIR SHOP
A commercial establishment offering vehicle repair or maintenance services, such as adjustments, painting, replacement of parts, or other parts thereof.
WATER-DEPENDENT USE
A use or activity that is water-oriented or provides water-related or water-enjoyment services to the public and derives economic benefit from direct access to the waterfront along which it is proposed. Water-oriented uses may include recreational, cultural, retail, or entertainment uses, such as a boatyard, marina, or dock.
WINERY
An enclosed building for the manufacture, processing, bottling, and packaging of wine as defined by and duly licensed by the New York State Liquor Authority. For the purposes of this chapter, this shall include operations which include tasting rooms.
YARD
That portion of a lot extending open and unobstructed from the ground upward along a lot line for a setback depth or width as specified by the bulk regulations of the district in which the lot is located. No part of such yard shall be included as part of a yard or other open space similarly required for buildings on another lot.
YARD, FRONT
An open area extending the full width of the lot situated between the front lot line and front building line.
YARD, REAR
An open area extending the full width of the lot situated between the rear lot line and rear building line.
YARD, SIDE
An open area between the side lot line and side building line extending from the front building line to the rear building line.