Unadulterated wood waste, C&D debris and municipal solid waste used to prepare biomass feedstock for a biomass gasification-to-energy facility. Acceptable biomass source materials shall not include municipal biosolids (sewage), animal wastes (manure), forestry and agricultural residues, and certain types of industrial wastes or any source material that can create, cause or contribute to a public nuisance condition.

A subordinate use, building or structure customarily incidental to and located on the same lot occupied by the main use, building or structure. The term "accessory building" may include a private garage, a garden shed, a private playhouse, and a private greenhouse. Accessory buildings or structures consisting of 144 square feet or less shall be deemed minor accessory structures.

See "agriculture."

Those products as defined in § 301(2) of Article 25AA of the State Agriculture and Markets Law, including but not limited to:

Agricultural products grown in the State of New York or outside of the State of New York but within 75 miles of the Town of Montgomery, NY.

A wholesale or retail business where at least 50% of Income comes from the sales of a range of products and services uniquely intended for use by farmers or individuals engaged in farm operations as defined by the NY Agriculture and Markets Law, or non-commercial facsimiles of farm operations.

A business involved in the provision of goods or services to persons or organizations engaged in farm operations as defined by the NYS Agriculture and Markets Law. Agricultural supportive business shall include but not be limited to: wholesale agricultural supply; crop dusting and spraying; farm equipment repair; veterinary services where 51% of income is derived from farm operations, and where no drop-off on-site veterinary care is provided; businesses involved in the washing, cutting, drying, sorting, flash freezing or packaging of field crops or horticultural products. Agricultural supportive business shall not include: abattoirs and animal processing facilities; animal hospitals.

Those activities involved in the production of agricultural products for sale. Further, agricultural activities shall include an activity engaged in, by, or on behalf of a farmer in connection with and furtherance of the business of agriculture and shall include, but not be limited to, the collection, transportation, distribution, composting, cooling, drying and storage of animal and poultry waste; storage, transportation and use of equipment for tillage, planting, harvesting and marketing; transportation, storage and use of legally permitted fertilizers and limes, insecticides, pesticides, herbicides, and fungicides; construction of farm structures and facilities, including farm wineries and other on-farm food processing as permitted by local and state building code regulation; construction and maintenance of fences and other enclosures; and the use and/or maintenance of related pastures, idle or fallow land, woodland, wetland, farm ponds, farm roads and certain farm buildings and other structures related to agricultural practices. Agriculture also includes agritourism as defined hereafter.

Activities conducted on a parcel located within an agricultural district not related to the direct production of agricultural products, but supportive of a farm operation by providing accommodations, facilities, tours, events and activities designed to attract people to the farm operation to promote the sales, education and enjoyment of local agricultural products. Agritourism includes, but is not limited to, farm retail outlets, public farm markets, farm stands, farm breweries, farm cideries, farm distilleries, farm wineries, farm-to-table restaurants, farm vacations, farm events, farm assembly venue and farm education, harvest events, weddings and catering halls.

A business located on or adjacent to an airport involved in providing aviation services including but not limited to: temporary or long-term storage or hangaring of aircraft; servicing of aircraft including but not limited to refueling, de-icing, servicing of aircraft sanitary facilities, maintenance and repair; waiting areas and comfort and rest facilities for travelers and flight crews; facilities for flight- planning; facilities and equipment for the storage and handling of luggage; preparation or storage of catering and food stuffs intended for consumption on aircraft; other reasonable accessory facilities including storage and maintenance of air service and towing equipment, meeting rooms, business centers, lounges, snack bars, and restaurants, where such uses are ancillary to the provision of air services and where at least 51% of business is anticipated from travelers and flight crews.

As applied to a building or structure, a change or rearrangement in the structural parts or in the existing facilities; or an enlargement, whether by extending on a side or by increasing in height or moving from one location or position to another. The term "alter" in its various modes and tenses and its particular form refers to the making of an alteration.

A facility which provides transient overnight accommodations to pets.

A facility, which provides veterinary services to animals brought to the site.

A USDA-inspected slaughter plant, a state-registered 5-A plant, a state registered 20-C commercial kitchen or other facility used for processing animals or animal parts in accordance with state or federal requirements.

A building or portion thereof containing less than 2,500 square feet and where more than 50% of the sales floor area is devoted to the display of items not regularly available in grocery stores or area retail department stores. Such stores are intended to generally appeal to tourists and often offer locally produced food and products, artisan-crafted goods, and other similar items.

A building with tiers of seats for spectators of athletic activity, recreation, educational instruction or artistic performance.

A building or portion of a building in which facilities are provided for civic, educational, political or social purposes. An assembly hall used for religious purposes shall be deemed a "church."

A facility for the cleaning of motor vehicles. Car washes.

A story partly underground and having less than 1/2 of its clear height below the finished grade.

A single-family detached dwelling occupied as the primary residence of the operator offering no more than four overnight accommodation guest units and including breakfast service as part of the guest unit rental fee.

A sign which directs attention to a business, commodity, service, entertainment or attraction sold, offered or existing elsewhere than upon the same lot where such sign is displayed, or only incidentally sold, offered or existing upon such lot.

All non-fossil organic materials that have an intrinsic chemical energy content. This includes all water and land-based vegetation and trees, or virgin biomass, and organic components of waste materials such as municipal solid waste, municipal biosolids (sewage) and animal wastes (manure), forestry and agricultural residues, and certain types of industrial wastes.

A facility which processes acceptable biomass source materials into a synthesis gas for the purpose of generating electricity, and shall include recycling handling and recovery facilities, post-collection separation facilities, and/or construction and demolition debris processing facilities which are used in connection with a biomass gasification operation, and biomass gasification process equipment and energy generation facilities used to convert processed biomass into a synthesis gas for the purpose of generating electricity.

The Zoning Board of Appeals or the Planning Board, as the context requires.

Any place or premises where beer is manufactured for sale, and all offices, granaries, mashrooms, cooling rooms, vaults, yards, and storerooms connected therewith or where any part of the process of manufacture of beer is carried on. Such use may include tastings or operate a food or drinking establishment on site.

An open and unoccupied area maintained in a pervious natural or designed landscaped condition for the purpose of providing transitional areas between land uses of varying compatibility for the purpose of noise, vibration, odor or visual screening or along the boundaries of sensitive environmental resources for protection ofthose resources.

An approximate characterization of the ability of a buffer to shield a use on one side of the buffer from perceiving the activities taking place on the opposite side of the buffer in terms of visual activity, noise, vibration and odors.

A structure with a roof supported by columns or walls and having a horizontal area of more than 50 square feet.

The official Building Inspector of the municipality. The term "Building Inspector" shall include the terms "Code Enforcement Official" and "Zoning Law Administrator."

A retail or wholesale business involved in selling lumber, sheathing, fixtures, plumbing supplies, electrical supplies, construction equipment, and/or other products used in the construction of buildings. Building supplies can be specialized such as lumber yards, and plumbing supplies, or generalized such as home improvement superstores. It is intended that generalized and retail uses be limited to business districts, while more wholesale and specialized businesses be permitted in industrial districts. Building supply is not generally recommended for residential districts.

A building designed to accommodate varying types of commercial, manufacturing, laboratory or industrial uses otherwise permitted by the zoning district in which it is located and offering time-limited leases at below-market-rate rents in order to lower the startup costs for new businesses.

Any parcel of land under single ownership with or without accommodations for temporary living purposes, but containing two or more paved or unpaved areas to be used for the parking of recreational vehicles, which includes travel trailers, the erection of a tent, or accommodation of other forms of temporary, portable or movable shelter.

Any tree or other woody plant that when fully grown will provide shade and/or shelter for the land beneath while allowing passage of people, animals and/or vehicles upon the land beneath.

A commercial establishment primarily engaged in providing food and drink to large gathered groups. Catering halls differ from restaurants in that large groups of people occupying multiple tables are provided a common service scheduled and usually requiring at least a partial payment at least several days in advance of the service.

A story partly underground and having 1/2 or more of its clear height below the finished grade.

A building wherein persons regularly assemble for religious worship and which is maintained and controlled by a religious body. A church may include other accessory uses customarily associated with religious worship, including classrooms for religious education, gymnasiums, libraries, offices, and specialized spaces designed to accommodate religious ritual. Churches may also include a dwelling or dwellings restricted to occupancy by clergy, their direct families and guests, but such spaces shall not be offered for rent or sale. "Church" shall also be interpreted to include synagogues, mosques and temples.

Any place where cider is manufactured for sale, and includes all offices and storerooms connected with any part of the manufacture process. Such use may include tastings or operate a food or drinking establishment on site.

A club for golfing, hunting, fishing, horseback riding or similar sports.

The premises and buildings used by a local chapter holding a valid charter from an international, national or state organization or by a bona fide local civic association catering exclusively to members and their guests primarily for a patriotic, fraternal, benevolent, educational, religious or political purpose. The club shall not be used in whole or in part for the conduct of any business or enterprise for profit, but this shall not be construed as preventing the utilization of a club for benefits or performances for a recognized charity or for the meeting of other organizations, or for educational and cultural purposes.

A subdivision plat or plats, approved pursuant to § 235-8, in which the applicable zoning law is modified to provide an alternative method for the layout, configuration and design of lots, buildings, structures, roads, utility lines and other infrastructure, parks and landscaping in order to preserve the natural and scenic qualities of open lands.

A facility which produces compost from the organic fraction of leaves, wood chips, grass clippings, pine needles, plants, stumps, tree trunks, yard waste, branches, brush, food and manure. This definition specifically excludes inorganic material and animal products and by-products, sewer waste, solid waste (other than those above) or sludge. Said facility must conform to the requirements of Part 360, at a minimum.

A commercial facility where spaces are demised for use for business and professional conferences and seminars. Overnight accommodations for occupancy solely by conference attendees and their immediate families, including sleeping, eating and recreational facilities, are often part of conference centers. A conference center is not designed to be utilized by the general public nor for nontransient occupancy.

Uncontaminated solid waste resulting from the construction, remodeling, repair and demolition of utilities, structures and roads; and uncontaminated solid waste resulting from land clearing. Such waste includes, but is not limited to, bricks, concrete and other masonry materials, soil, rock, wood (including painted, treated and coated wood and wood products), land-clearing debris, wall coverings, plaster, drywall, plumbing fixtures, non-asbestos insulation, roofing shingles and other roof coverings, asphaltic pavement, glass, plastics that are not sealed in a manner that conceals other wastes, empty buckets 10 gallons or less in size and having no more than one inch of residue remaining on the bottom, electrical wiring and components containing no hazardous liquids, and pipe and metals that are incidental to any of the above. Solid waste that is not C&D debris (even if resulting from the construction, remodeling, repair and demolition of utilities, structures and roads and land clearing) includes, but is not limited to, asbestos waste, garbage, corrugated container board, electrical fixtures containing hazardous materials such as fluorescent lamps, ballasts or transformers, carpeting, furniture, appliances, tires, drum containers greater than 10 gallons in size, any containers having more than one inch of residue remaining on the bottom and fuel tanks. Specifically excluded from the definition of "C&D debris" is solid waste (including what otherwise would be construction and demolition debris) resulting from any processing technique, other than that employed at a Town-approved C&D debris processing facility that renders individual waste components unrecognizable, such as pulverizing or shredding.

A facility with one or more structures that are used for the conduct of a service trade where the principal point of service is off-site, including but not limited to general contractors, carpenters, painters, plumbers, HVAC, masons, roofers, electricians, landscapers, constructors, metalworkers, and glaziers. Facilities may be used as offices, storage, fabrication spaces, vehicle parking, breakrooms, and for any other nonnuisance use deemed traditionally associated with the trade. Outdoor storage shall be considered an accessory use to a contractor business office only where the storage is located in a district that allows contractor storage and/or equipment yard as a principal use.

Buildings designed for a contractor's office area with indoor storage of material and supplies and vehicles including servicing of the contractor's vehicles.

Outdoor storage areas for vehicles, equipment and materials used by a contractor in the conduct of his business.

A retail store with a floor area of less than 2,500 square feet that sells groceries, prepackaged prepared foods, periodicals and household items.

An open, unoccupied space other than a yard on the same lot with a building. An offset to a court shall be deemed a separate inner court for the purpose of determining its least dimension, its area, and the least dimension and area of the court to which it is contiguous.

The maximum horizontal dimension at right angles to the width.

The greatest vertical distance measured from the lowest level of such court up to the roof of the building.

Any court which is not an outer court.

A court extending to a street, front yard, or rear yard.

The horizontal dimension parallel to the principal open side in the case of an outer court; and the least horizontal dimension in the case of an inner court.

A business premises used for the making of clothing, millinery, shoes or other articles to individual order and measure, for sale at retail on the premises only, not including the manufacture of "ready-to-wear" or standardized products.

A facility primarily used to house computer, telecommunication, digital storage and/or network infrastructure.

A building or structure, together with its lot and its accessory uses, buildings and structures, used as an organized recreational facility for five or more enrolled children other than the children of the resident family, which does not provide customary commercial public recreation features such as Ferris wheels or roller coasters, and does not furnish sleeping quarters except for the resident family.

The New York State Department of Environmental Conservation.

A convenience store that also prepares food items to order and may include a small area of no more than 150 square feet for consumption of food on site.

Any place where liquor is manufactured for sale, and includes all offices and storerooms connected with any part of the manufacture process. Such use may include tastings or operate a food or drinking establishment on site.

A parcel of land or part thereof used primarily for the disposal by abandonment, dumping, burial, burning or any other means and for whatever purpose of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles, or parts thereof, or waste material of any kind.

A building arranged, intended or designed to be occupied by one or more families living independently of each other on the premises.

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

A secondary subordinate dwelling with not more than one bedroom designed primarily for occupancy by one or two persons, attached to or part of a single-family residence or in a detached structure as regulated in § 235-6.5B.

A building or portion thereof containing more than two dwelling units.

A building constructed for the use of two families having one side yard and one wall for each unit and permitting separate ownership for each unit.

A building containing two or more dwelling units, none of which have common floors or ceilings between units, and which have one party or common wall. Single-family attached dwellings within a building containing two dwellings are commonly referred to as a "duplex." Single-family attached dwellings within a building containing three or more dwelling units are commonly referred to as "townhomes" where such units are located on individual fee-simple lots.

A restaurant receiving 51% of its gross sales receipts of food and beverages from patrons that consume food and beverages on site but outside the principal structure.

One or more persons living together as a single nonprofit housekeeping unit using all rooms and housekeeping facilities of a dwelling unit in common. Any such number of persons shall not be deemed to be part of one family, but shall be considered a separate family if any one of such persons does not have lawful access to common rooms and housekeeping facilities of said dwelling unit or if any one or more of such persons leases or rents any separate portion of such dwelling unit from any other person, except that up to two additional persons may room or board with a family as long as they share the use of all common rooms and housekeeping facilities.

An agritourism use comprised of an arena, assembly hall, catering hall, conference center, or similar indoor or outdoor facility designed to support public assembly on a regular basis.

An agritourism use comprised of a brewery, cidery, winery, meadery or distillery, licensed to produce New York State labelled products and required by license to utilize New York State agricultural products as a minimum percentage of ingredients by weight.

An agritourism use comprised of the touring of farms for the purpose of teaching people about agriculture. Farm education may include the transport of groups to and from a farm and may include one or more structures or portions of structures used as classrooms, museums, lecture halls or exhibit space.

A transient agritourism use comprised of public assembly.

A temporary agritourism use comprised of an event held indoors or outdoors for the buying or sale of farm and food products.

The land and on-farm buildings, equipment, facilities, and agricultural practices which contribute to the production, preparation and marketing of agricultural products, as a commercial enterprise, including a "commercial horse boarding operation" as defined in Subdivision 13 of Article 25-AA of the Agricultural Districts Law and "timber processing" as defined in Subdivision 14 of Article 25-AA.[1] Such farm operation may consist of one or more parcels of owned or rented land, which parcels may be contiguous or noncontiguous to each other.

An agritourism use comprised of one or more permanent structures or portions thereof, operated on a seasonal or year-round basis, that allows for farmers to retail agricultural products directly to consumers. Farm retail outlets may sell products other than agricultural products, but such sales shall be subordinate to the retail of local agricultural products.

An agritourism use comprised of a direct farm marketing operation without a permanent structure and only offering outdoor shopping on the farm premises. Such an operation is seasonal in nature and features on-farm produce as well as local agricultural products, enhanced agricultural products and handmade crafts.

An agritourism use comprised of temporary residency on the premises of a farm operation by paying, transient guests for the purpose of observing and/or participating in the ongoing activities of an agricultural operation and learning about agricultural life.

Any person, organization, entity, association, partnership, limited-liability company, or corporation engaged in the business of agriculture, whether for profit or otherwise, including the cultivation of land, the raising of crops, or the raising of livestock.

Land within an agricultural district created pursuant to § 303 of the New York Agriculture and Markets Law used primarily for bona fide agricultural production, for commercial purposes, of all those items and products defined in the New York Agriculture and Markets Law § 301.

An agritourism use comprised of a restaurant which prepares and sells dishes which significantly feature local agricultural products as ingredients.

Buildings built on speculation and designed for the commercial use of one or more tenants generally for an undefined mix of office, light assembly, warehouse or storage of equipment and/or material inside a building. If no specific uses are proposed the structure must be built to the highest fire and life safety standards in the Building Code and be fully sprinklered having noncombustible fire-rated construction.

A facility used for the aggregation, distribution and marketing of source-identified food products primarily from local and regional producers.

A facility defined pursuant to § 1301(23) of the New York Racing, Pari-Mutuel Wagering and Breeding Law.

An indoor or outdoor facility related to the gaming area and located on the gaming facility premises, and used for the live performance of dance, drama, music, or similar artistic performances, including but not limited to pavilions, concert halls and other musical and performing arts performance areas together with administrative, food service, interpretive and learning centers and museums, seating facilities together with various other accessory uses to accommodate performing arts patrons. Instructional courses in the performing arts are allowed accessory to an arts center. This definition does not include facilities principally used to display movies or other non-live performances. Nothing herein shall be construed to permit adult entertainment uses in conjunction with a cultural and performing arts center.

Recreational activities related to the gaming area and located on the gaming facility premises, and conducted entirely within a building, including tourism facilities operated on a commercial or fee basis. An indoor recreation use may include food service facilities, hotels and resort lodges, health spas, conference centers, meeting rooms, theaters, retail sales and other accessory uses clearly incidental to recreational activity. Indoor commercial recreational use may include the premises approved under a gaming license issued by the New York State Gaming Commission which includes a gaming area and any other nongaming structure related to the gaming area and may include, but shall not be limited to, hotels, restaurants, or other amenities. Nothing herein shall be construed to permit adult entertainment uses in conjunction with an indoor commercial recreational use.

Recreational activities related to the gaming area and located on the gaming facility premises, and conducted outside of a building, operated on a commercial or fee basis. An outdoor recreational use may include accessory uses and buildings, such as a clubhouse, food stands, offices, and other accessory structures incidental to the outdoor recreational activity. Golf courses are regulated as a separate use. Nothing herein shall be construed to permit adult entertainment uses in conjunction with an outdoor commercial recreational use.

A facility which includes a gaming facility, and which may also include gaming facility indoor commercial recreational uses, gaming facility outdoor commercial recreational uses, and/or a gaming facility cultural and performing arts center.

A building, not a private garage, used for the storage of automobiles or trucks, and not used for making repairs thereto.

An enclosed space for the storage of one or more motor vehicles, provided that no business, occupation or service is conducted for profit therein and no space for more than one car is leased to a nonresident of the premises.

A building other than a private or a parking garage used for adjustment, painting, replacement of parts or other repair of motor vehicles, or parts thereof, whether or not accessory or incidental to another use.

Kitchen and household refuse and table scraps, fruit and vegetable parings, decaying vegetable, animal and fruit matter and fallen fruit and other perishable waste resulting from the handling, selling, preparation, cooking or storing of foods, including soiled paper. "Garbage" does not include yard waste.

A building or lot or part thereof supplying or selling gasoline or other equivalent fuel for motor vehicles at retail direct from pumps and storage tanks. A gasoline station may include accessory facilities for rendering service for motor vehicles, such as lubrication, washing and minor repairs. A gasoline station may be self-service where customers pump their own fuels or may have an attendant that pumps fuels and it may house a convenience retail store of up to 2,500 square feet. A gasoline station shall not be deemed to include a liquefied petroleum filling station. A gasoline station shall not be deemed to include any facility where diesel fuel sales by volume exceed 15% of total fuel sales for any thirty-day period.

A facility associated with the sale of gasoline products that also offers for sale prepackaged food items and consumer goods, primarily for self-service by the consumer. Hot beverages, fountain-type beverages, pastries, and prepared or individually proportioned items may be included in the food items offered for sale.

A parcel of land upon which a building and/or storage tank for LPG is located and used to supply gas at retail to motor vehicles and portable gas storage tanks brought to the site. Such a gasoline station may provide accessory facilities and services for motor vehicles, equipment utilizing LPG and LPG tanks.

A business use or activity involving the manufacture, fabrication, processing, production, reduction, assembly, packaging or destruction of any article, substance, or commodity, or any other treatment thereof in such a manner as to change the form, character, or appearance thereof. Normal operations may include the use of heat noise or odor generating processes. General industry may include testing or repair as processes. General industry shall not be construed to include types of industry that would fit this definition but are more narrowly defined herein, for example: high-tech industry, wearing apparel manufacturing or monument works.

See "convenience store."

A semi-permanent structure or structures consisting of one or more platforms upon which a fabric tent is erected for use as an overnight accommodation guest unit. No glamp may contain more than five overnight accommodation guest units and guest units shall not be visible from any public right-of-way.

The range of measures that use plant or soil systems, permeable pavement or other permeable surfaces or substrates, stormwater harvest and reuse, or landscaping to store, infiltrate, or evapotranspirate stormwater and reduce flows to sewer systems or to surface waters. Techniques include but are not limited to those identified in Chapter 5 of the New York State DEC stormwater manual and include but are not limited to rain gardens, bioretention areas, vegetated swales/dry swales, green roofs, porous pavement, stream buffer restoration, stormwater planters and tree filters.

The lowest layer of plants that provides direct coverage of soil with grasses and other low-growing or trailing plants.

Any habitable room or demised group of rooms designed to be rented as a single unit, accessed via a single key and used as a separate overnight accommodation on a transient basis only.

An agritourism use where the public is invited at harvest time to pick fruits or vegetables grown on site and optionally supplemented with local agricultural products. Farm events may include traditionally attendant activities such as corn mazes, Christmas tree harvesting, cooking contests, eating contests, petting zoos, sale of prepared foods, live music and similar activities. Harvest events may extend over the span of several weeks.

All roads utilized for mining purposes, together with that area of land over which material is transported, that are located within the permitted area.

A facility offering exercise equipment or areas, sport courts, swimming pool, and other physical fitness activities to members for a monthly or less frequent fee. Accessory uses to health clubs and fitness centers include but are not limited to snack bars and refreshment stands, retail sales of health products or consumables, massage and/or spa services, changing rooms, fitness classes, and child care facilities.

The vertical distance measured from the average elevation of the finished grade along the side of the structure fronting on the nearest street to the highest point of such structure.

General industry that involves highly-trained workers utilizing precision instruments or machinery for a significant portion (at least 20%) of its on-site workforce. For the purpose of this definition, a highly-trained worker shall be considered a worker whose position requires at least 120 hours of initial training and at least 10 hours per year of ongoing training, or that has a post-secondary degree in science, technology, engineering, mathematics or a similar technical field.

Any gainful occupation customarily conducted within a single-family dwelling by the residents thereof that is clearly secondary to the residential use, and that does not change the character of the structure as a residence. Said activity shall not occupy more than 1/2 of the ground floor area of the dwelling or its equivalent elsewhere in the dwelling if so used, and further provided that there shall be no external evidence other than an announcement sign and that no mechanical or electrical equipment shall be used except customary household equipment. However, home occupations shall not be construed to include such uses as the following: occupations which employ persons other than residents who work on the premises, a clinic or hospital, restaurant, antique dealer, kennel or breeding kennel (except where allowed as a special permit use).

The office or studio of a resident physician, surgeon, dentist, or other person licensed by the State of New York to practice a healing art; lawyer, architect, artist, engineer, real estate broker or salesman, insurance broker or agent, or teacher as herein restricted; provided that not more than two persons are employed who are not members of the family, and that such office shall be in the main building and shall not occupy more than the equivalent of 1/2 of the area of one floor of said building. For the purposes of this definition, a "teacher" shall be restricted to a person giving individual instruction in academic or scientific subjects to a single pupil at a time. A home professional office shall not include the office of any person professionally engaged in the purchase or sale of economic goods. Dancing instruction, band instrument or piano or voice instruction, tea rooms, tourist homes, beauty parlors, barbershops, hairdressing and manicuring establishments, convalescent homes, mortuary establishments, and stores, trades, or businesses of any kind not herein excepted shall not be deemed to be home professional offices. The home professional office of a physician shall not include a biological or other medical testing laboratory.

The production of fruits, vegetables, flowers, ornamental trees and landscape plants but not staple crops or livestock. Horticultural specialty may include greenhouses and retail outlets.

A facility providing health services and medical or surgical care of the sick, injured or infirm, primarily for inpatients and including related facilities and staff offices. Hospitals and sanitariums shall include residential facilities for psychiatric, addiction or substance abuse treatment, only where residents of such facilities are under 24-hour supervision and direct care of an on-site physician and where such facilities are licensed by the State of NY.

A commercial building containing overnight accommodation guest units which share common entrances and are accessed via a common hallway. Conference rooms, restaurants, bars, lounges, gift shops, sundries shops, business centers, fitness centers and recreational amenities are considered accessory to a hotel, so long as they are primarily intended for use by hotel guests. A hotel may include up to one overnight accommodation to be utilized by staff and/or employees and their family on a nontransient basis.

A movable single-family dwelling originally equipped with or having a vehicular chassis but lacking one or more of the following mechanical systems and equipment: plumbing, heating, electrical, cooking and refrigeration. See "mobile home."

That non-nuisance industry which employs 10 or fewer employees, is expected by the Planning Board to generate little or no heavy truck traffic, contains no outdoor storage, and is situated in a building or portion of a building of not more than 5,000 square feet in floor area.

Any general industry which is not detrimental to the environment in which it is located by reason of the emission of smoke, noise, odor, dust, vibration or excessive light perceptible or detectable beyond the limits of its lot and which does not include any outdoor processing or storage of materials that is visible from public vantagepoints.

A hotel or motel having up to 25 guest rooms.

A planned mixed-use development where residents may engage in agricultural activities over common areas, and where one or more buildings are reserved for non-nuisance industry.

A tiered classification of uses for the purpose of prescribing buffering where similar uses are grouped together based on their shared attributes of approximate intensity in terms of noise and odor generation, traffic generation, and general activity level.

Any land or structure or part thereof exceeding 300 square feet in area used for collecting, storage or sale of wastepaper, rags, scrap metal or other scrap or discarded material; or for the collecting, dismantling, storage or salvage of machinery or vehicles not in running condition, or for sale of the parts thereof.

The maintenance or housing of more than four dogs six months of age or older on one lot.

A retail establishment providing plants, trees, flowers, natural materials such as rock and wood chips, pavers, decorative features including sculpture, patterned walks, fountains and pools, and other landscaping and gardening materials primarily to the public.

Any potential adverse effect of artificial light, including sky glow, glare, light trespass, light clutter, decreased visibility at night and energy waste, as determined by the Planning Board during plan review.

A parcel of land occupied or used by one main building with its accessory building and the required open spaces.

The total horizontal area included within lot lines.

The percentage of the area of the lot covered by a building or buildings.

Any boundary of a lot. Any lot line not a rear lot line nor a front lot line shall be deemed a side lot line.

The street right-of-way line at the front of a lot. A front lot line and required front yard for property facing two or more streets shall be all of the lines and all of the yards fronting on said streets. The lot line and yard opposite one of the front lot lines shall be the rear lot line and rear yard. For a lot that extends behind another lot, the front yard shall be measured from both the public street and, in addition thereto, from the common lot line between the front and rear lots which runs generally parallel to the street.

The lot line opposite to the front lot line.

The dimension measured from side lot line to side lot line along a line parallel to the street line at the required minimum front yard depth, or at the proposed building setback line established at the time of subdivision approval, whichever is greater.

A lot at the junction of and fronting on two or more intersecting streets.

Any lot other than a corner lot.

A lot extending from one street to another.

A facility used for the purpose of repairing, servicing and/or maintaining vehicles, machinery and equipment used principally in industrial or commercial processes, including but not limited to printing presses, hydraulic presses, boilers, industrial ovens, industrial scales, milling machines, lathes, robotic equipment, looms, forges, bulldozers, backhoes, drilling machines, excavators, tractors, tug vehicles, commercial trucks, aircraft, lawn mowers, snow machines and watercraft. Vehicles, machinery and equipment shall be primarily non-consumer goods and not utilized for personal use, but these uses may include repair, service or maintenance of personal consumer goods as an ancillary use.

A facility containing one or more offices providing medical services to the public, including but not limited chiropractic, dental, general or family practice, physical therapy, psychiatry, or specialized medical practices. A facility containing both medical and non-medical offices shall be considered a Medical Arts Building.

Any excavation from which a mineral is to be produced for sale or exchange, or for commercial, industrial or municipal use; all haulageways and all equipment above, on or below the surface of the ground used in connection with such excavation, and all lands included in the life of the mine review by the New York State Department of Environmental Conservation.

Any naturally formed, usually inorganic, solid material located on or below the surface of the earth. For purposes of this chapter, peat and topsoil shall be considered minerals.

The extraction of overburden and minerals from the earth; the preparation and processing of minerals, including any activities or processes or parts thereof for the extraction or removal of minerals from their original location and the preparation, washing, cleaning, crushing, stockpiling or other processing of minerals at the mine location so as to make them suitable for commercial, industrial or construction use; exclusive of manufacturing processes, at the mine location; the removal of such materials through sale or exchange, or for commercial, industrial or municipal use; and the disposition of overburden, tailings and waste at the mine location. "Mining" shall not include the excavation, removal and disposition of minerals from construction projects, exclusive of the creation of water bodies, or excavations in aid of agricultural activities.

A description of the applicant's mining operation, which shall include maps, plans, written materials and other documents required by the New York State Department of Environmental Conservation.

A movable single-family dwelling originally equipped with or having a vehicular chassis and provided with all of the following mechanical systems and equipment: plumbing, heating, electrical, cooking, and refrigeration. See "house trailer."

A residential land use designed for the location of one or more mobile homes in designated mobile home spaces and including appurtenant facilities and accessory services for residents only.

A use of land and improvements for the purpose of displaying, storing and renting or selling mobile homes or house trailers, but not including provision for mechanical or other services for these dwelling uses.

A residential land use designed for a cluster of mobile homes (sometimes referred to as "manufactured homes") with improvements and open space and where at least one occupant shall be at least 55 years of age and no occupant shall be less than 19 years of age.

A facility involved in the cutting and/or carving of stone into an object or structure intended to be installed for the purpose of commemorating a person or event.

A commercial building or buildings containing overnight accommodation guest units which are accessed directly from the building exterior. The term "motel" includes buildings designed as tourist courts, motor lodges, auto courts and other similar appellations. A motel may include up to one overnight accommodation to be utilized by staff and/or employees and their family on a nontransient basis.

A structure lawfully existing at the effective date of this chapter, or any amendment thereto affecting such structure, which does not conform to the Table of Dimensional Regulations[2] of this chapter for the district in which it is situated, irrespective of the use to which such structure is put.

Any use of a building, structure, lot or land, or part thereof, lawfully existing at the effective date of this chapter or any amendment thereto affecting such use which does not conform to the Table of Use Regulations of this chapter for the district in which it is situated.

See "day camp."

A facility for the 24-hour supervision and care of sick, injured, disabled or elderly persons. Nursing home and rest homes shall be deemed to include "Assisted Living Facility" and "Assisted Living Residences." Nursing homes and rest homes shall not include supportive housing where residents receive but do not rely on 24-hour care or supervision, nor do they include residential facilities for psychiatric, addiction or substance abuse treatment. (See also: "Hospital, Sanitarium.")

An office used by a professional service provider for the conduct of their business. The business office of a professional is distinguished from a professional office by the frequent visitation by customers, usually by both drop-in customers and by appointment. Common examples of business offices include tax preparers, real estate agents, physical trainers and financial advisors. (See also: "Office, Professional.")

An office used by a professional for engaging in the conduct of their business. A professional office, may be occasionally visited by peers and clients, but usually by appointment only. Common examples of professional offices include attorneys, architects, engineers, planners, accountants and similar professionals that are licensed by the NYS Department of Education. Professional office shall also include "back office" uses of corporations, businesses and government agencies that do not require frequent visitation by clients or the public.

A business office for a utility provider. Examples include but are not limited to offices of a cable, telephone, water utility, or mobile phone provider.

All of the earth, vegetation and other materials which lie above or alongside a mineral deposit.

A lot or part thereof used for the storage or parking of motor vehicles with or without the payment of rent or charges in money and/or other consideration.

A stall or berth which is arranged and intended for the parking of one motor vehicle in a garage or parking area.

A parking space intended for occupancy by a commercial vehicle or commercial vehicle and trailer over 20 feet in length. Each loading berth, truck dock, truck bay, or fueling position concurrently available to such vehicles shall also be deemed to be a truck parking space.

A specific main use of a building, structure, lot or land, or part thereof, which this chapter provided for in a particular district as a matter of right subject to the requirement of site plan approval where elsewhere required in this chapter and/or other applicable law. Any use which is not listed as a permitted, special exception or accessory use shall be considered a prohibited use.

Any individual, public or private corporation, political subdivision, government agency, department or bureau of the state, municipality, industry, partnership, association, firm, trust, estate or any other legal entity whatsoever.

A barbershop, beauty parlor, dry-cleaning or laundry service of less than 4,000 square feet, professional studio or travel agency or similar service that is contained within, and clearly accessory to, a primary building use of the property.

A facility for meetings conducted by a not-for-profit charitable, benevolent, generous or humane organization whose principal mission involves charities and endowments for the benefit of society, humanity, animal welfare or the environment.

A facility which separates recyclable from solid waste, other than source-separated recyclable or construction and demolition debris. These facilities shall be regulated the same as recyclable handling and recovery facilities. These facilities must meet the requirements of 6 NYCRR Part 360-11, Transfer Stations, as such requirements now exist or may be amended hereafter.

A facility involved in the wholesale bulk production of books, newspapers, or other printed materials.

A use where services are performed involving predominately administrative or clerical operations for either business or professional purposes. Office use, as defined herein, also includes medical offices, buildings in which are located offices used by persons having professional knowledge or skill in the diagnosis and/or treatment of human ailments, including medical, dental, optometric, chiropractic, podiatric, diagnostic and other similar offices and related facilities and laboratories.

A use of a building or structure, lot or land, or part thereof, which is not listed as a permitted, special exception, or accessory use as well as those uses listed as prohibited uses in § 235-9.

A studio where radio or television programs are produced.

A dwelling located on the same lot and to the rear of the main building for which the lot is used.

The conditioning of the affected land to make it suitable for any uses or purposes consistent with the provisions of the Environmental Conservation Law.

A description of operations to be performed by the applicant for a mining permit to reclaim the land to be mined over the life of the mine. The reclamation plan shall include maps, plans, the schedule for reclamation, written material and other documents as required by the New York State Department of Environmental Conservation.

A movable unit designed for short-term occupancy and frequent travel, equipped with chassis and one or more of the following mechanical systems and equipment: plumbing, heating, electrical, cooking and refrigeration.

A solid waste processing facility, other than collection and transfer vehicles, at which nonputrescible recyclables which have been previously separated (commingled or source-separated recyclables) from the solid waste stream are processed or prepared to marketable quality for reuse and/or recycling. This definition does not include retail operations that accept materials for recycling from the general public as merely a service or convenience that is incidental to the primary business being conducted on that property (e.g., waste oil collection centers at an automotive parts store).

Any material designated, from time to time, which, under any applicable law or regulation, is not hazardous and which is separated from the waste stream and held for its material recycling or reuse value. It shall be limited to the following materials only: newsprint, corrugated cardboard, magazines, office paper, kraft paper, phone books, miscellaneous paper, glass, aluminum, tin/steel cans, white goods, scrap metal, plastics, textiles, used oil, lead acid batteries and dry-cell batteries. All other materials are specifically excluded from this definition.

A facility used for the training of athletes engaged in competitive sports other than firearm shooting sports and comprised of indoor and/or outdoor athletic fields and/or courts, classrooms, and accessory facilities such as gymnasiums, physical therapy spaces, medical facilities, snack bars and spectator arenas and grandstands. Such a facility does not include overnight accommodations and is limited to one residential dwelling unit for nontransient occupancy by a caretaker. Regional sports training facilities may also be used for hosting regional sports tournaments.

A facility used for the purpose of repairing, servicing and/or maintaining vehicles registered for operation on public roads, including but not limited to cars, busses, trucks and motorcycles.

A building for experimentation in pure or applied research, design, development and production of prototype machines or devices or of new products and uses accessory thereto. With respect to the application of this chapter, such research institute or laboratory shall meet the standards of a nonnuisance industry.

A hotel or motel that offers recreational attractions such as golf courses, swimming pools, horseback riding trails, boating water parks and usually provides access to those facilities typically as part of a single fee.

A commercial establishment where food and beverages are prepared and served on site and where beverage sales constitute less than 50% of the gross sales receipts of food and beverages.

A nonnuisance industry, as elsewhere defined in this chapter, that custom fabricates from finished materials which were not manufactured on the premises and which includes a retail store as a principal use in a designated area with separate direct access from the exterior in which components either manufactured or utilized in connection with the finished product are offered for sale to the public.

The retail sales of various products including food, in an area that is contained within the primary interior use of an existing commercial facility and is less than 25% of the floor space of the primary interior use.

Establishments engaged in selling commodities or goods in small quantities to end consumers including the rental or incidental servicing of items and material.

A temporary use of land, structure or building on a farm by the farmer as a sale outlet primarily for produce grown on his farm.

A facility containing separate, individually leasable or rentable storage spaces of varying sizes.

Individual dwelling units, or partial units, designed and constructed primarily for seniors and subject to management or legal restrictions that require all units and partial units to be occupied by persons 60 years of age or older providing long-term residence, centralized cooking and common dining, housekeeping and personal care and supervision as needed to five or more adults, unrelated to the operator, who may or may not require some limited, continuing medical care. To allow flexibility, not more than 10% of the units may be occupied by persons under 60 years of age.

A plant for the processing and disposal of wastewater, subject to design approval by the New York State Department of Health and/or New York State Department of Environmental Conservation.

One or more buildings situated on a minimum of two acres containing retail stores, services, offices, eating, drinking, or entertainment establishments and accompanying on-site parking, loading, and vehicular and pedestrian circulation facilities, in accordance with a comprehensive design.

Any kind of billboard, signboard, temporary or permanent, or other shape or device or display used as an advertisement, announcement, or direction, including any text, symbol, lights, marks, letters or figures painted thereon or painted on or incorporated in the composition of an exterior surface of a building or structure.

A temporary or permanent sign which directs attention to a business or profession conducted upon the property.

A temporary or permanent sign which directs attention to a home occupation, a home professional office, or public or semipublic building.

A sign advertising land or improvements thereto, or describing construction activity or a firm doing work related to construction, on the premises on which the sign is located.

A temporary sign which directs attention to a special activity or entertainment, or one which indicates the location of a real estate subdivision.

Structures such as water and sewer pump stations, electric distribution boxes, "hand holds," telephone distribution boxes and subscriber loop carriers. Small utility structures shall not include battery storage facilities.

The segregation of recyclable materials from solid waste to a point of generation for separation, collection, sale or other disposition.

A use in one or more districts for which the Planning Board may grant a permit pursuant to the provisions of § 235-15.4.

Any waste material removed from its natural place in the process of mining and all waste material directly connected with the cleaning and preparation of any minerals.

Any federal, state, county or Town road or any street shown upon a subdivision plat filing in the County Clerk's office.

The dividing line between a lot and a street right-of-way.

A street which carries traffic from minor streets to the major system of arterial streets and highways, including the principal entrance streets of large residential developments.

A street which serves or is designed to serve heavy flows of traffic and which is used primarily as a route for traffic between communities and/or other heavy traffic between communities and/or other heavy-traffic-generating areas.

A street which is parallel to and adjacent to major or arterial streets and highways, and which serves to provide access to abutting properties and separation from through traffic.

Anything constructed or erected on or under the ground or upon another structure or building.

A receptacle for water or an artificial pool of water having a depth at any point of more than 18 inches and a surface area of greater than 100 square feet designed or intended for the purpose of bathing or swimming and including all appurtenant equipment, and having more than 1/2 of its volume below the surface of the surrounding terrain.

Material of inferior quality or value resulting from the removal, preparation or processing of minerals.

A commercial establishment where food and beverages are prepared and served on site and where beverage sales constitute more than 50% of the gross sales receipts of food and beverages.

A building or a part of building devoted to the showing of motion pictures and/or plays and/or live performances open to the general public, and/or which provides for poetry or dramatic readings, and/or which provides or showcases other similar types of entertainment on a paid or nonpaid admission basis.

Tires from cars, trucks or other motor vehicles and their casings, but shall not include rims.

A solid waste management facility, other than a recyclable handling and recovery facility, used oil facility, or a construction and demolition debris processing facility, where solid waste is received for the purpose of subsequent transfer to another solid waste management facility for further processing, treating, transfer or disposal. Transfer of solid waste from vehicle to vehicle for the purpose of consolidating loads, as part of the initial collection process, is not considered a transfer station, provided the transfer activity occurs along the collection route where the point of transfer changes from day to day. Transfer of leakproof, closed modular containers of solid waste from vehicle to vehicle, including truck to train, for the purpose of consolidating loads for shipment to an authorized disposal or treatment facility, is not considered a transfer station, provided the contents of each container remain in their closed container during the transfer between vehicles; storage remains incidental to transport at the location where the containers are consolidated; containers are maintained in a safe, nuisance-free (e.g., dust, odor, noise, etc.) manner; and the transfer location is under the ownership or control of the transporter.

Occupied for no more than 29 consecutive days or 29 days in any calendar year.

A facility where goods owned by others are being transported or transferred by truck and where trucks, owned by the terminal or affiliate, are leased, repaired, serviced, maintained and/or temporarily stored.

The vegetative layer and especially the trees and shrubs between the forest canopy and the ground cover.

The sale of used vehicles, whether or not in conjunction with the sale of new vehicles, but excluding the sale of salvaged vehicles, vehicles with a salvage title and/or vehicles for which title has been transferred to an insurance company in settlement of a claim for damage thereto or theft thereof. The foregoing exclusion shall not apply to the sale of used cars when such sales are incidental and subordinate to an automobile repair shop.

A structure designed as a single-family detached dwelling, but used as a single overnight accommodation guest unit.

A modification of the regulations of this chapter, granted pursuant to the provisions of §§ 235-15.1 through 235-15.3.

The authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations.

The authorization by the Zoning Board of Appeals for the use of land for a purpose which is not allowed or is otherwise prohibited by the applicable zoning regulations.

A structure of wood, stone, or other materials or combination thereof intended for defense, security, screening or enclosure or for the retention of earth, stone, fill or other materials as in the cases of retaining walls or bulkheads.

A facility containing goods manufactured, used, transferred, stored, transported or sold by the owner or lessor of the warehouse. A warehouse may be attached to or accessory to an office, industrial building or use or a commercial use or may be a separate or principal use of a property subject to the requirements of this chapter. Warehouse facilities shall not provide truck maintenance service or repair facilities unless they are also part of a truck terminal or truck stop.

A warehouse, whether the principal or accessory use on the site, having more than one truck parking space per 7,500 square feet of floor area or averaging more than 24 arrivals per day or 24 departures per day by commercial vehicles 25 feet in length or greater over any forty-five-day period.

A warehouse other than an intensive warehouse.

The taking of water for the purpose of removal from the production site in excess of 20,000 gallons per any day. Agricultural uses and irrigation uses are not deemed to be water production, supply and removal for the purposes of this chapter. Additionally, the taking of water by firefighting personnel under emergency or for training purposes or the taking of water by municipal water districts, likewise, will not be subject to the regulations herein set forth in this chapter.

Any establishment which utilizes a process whereby apparel or accessories are manufactured, produced, assembled or packaged in bulk quantity. Wearing apparel or accessories manufacture, does not include retail sales and production of screen-printed clothing in small quantities, nor does it include tailor shops, cobbler shops, hand-knitting or custom dress shops.

Land delineated by the New York State Department of Environmental Conservation (DEC) as New York State wetlands, but exclusive of the 100-foot regulated area and, also, lands meeting the United States Army Corps of Engineers (USACOE) criteria to be federal wetlands as regulated by the United States Army Corps of Engineers (USACOE), based on a federal wetland delineation deemed acceptable to the Planning Board.

Any place or premises wherein wines are manufactured from any fruit or brandies distilled as the by-product of wine or other fruit or cordials are compounded. Such use may include tastings or operate a food or drinking establishment on site.

A facility which produces wood chips or mulch from chipping and/or grinding of the raw material for the expressed purpose of producing wood by-products for use as landscaping material or for other uses. This definition does not include the production of compost caused by the organic decay of the wood materials processed at this facility, as such operations are defined as a "composting facility" under these regulations.

Grass clippings, leaves, cuttings and other debris from shrubs, hedges, tree branches less than three inches in diameter and four feet in length, and other vegetation. Garbage, recyclable material, construction and demolition debris, sod and soil shall not be construed to include yard waste.

An open, unoccupied space on the same lot with a building situated between the nearest roofed portion of the building and the front line of the lot and extending from side lot line to side lot line.

A space on the same lot with a building situated between the nearest roofed portion of the building and the rear lot line of the lot and extending from side lot line to side lot line.

Open and unobstructed ground area of the plot, extending inward from a lot line for the distance specified in the requirements for the district in which the lot is located.

An open, unoccupied space on the same lot with a building situated between the nearest roofed portion of the building or of any accessory building and the side lot line of the lot, and extending through from the front yard or from the front lot line, where no front yard exists, to the rear yard or to the rear lot line where no rear yard exists.

Districts provided for elsewhere in the Zoning Law of the Town of Montgomery.