For the purposes of this chapter the following terms shall have the meanings indicated in this section:
ACCESSORY BUILDINGA building, other than a special accessory building, not exceeding one story or 15 feet in height (such as a private garage, private tool house, children's playhouse or a noncommercial greenhouse) which is subordinate and accessory to a principal building on the same lot and which is used for purposes customarily incidental to those of the principal building.
ALTERATIONA change or rearrangement in its structural parts or in the exit facilities; or an enlargement, whether by extending on a side or by increasing in height; or the moving from one position to another; the term "alter" in its various moods and tenses and its participial forms, refers to the making of an alteration.
ANTENNAA device used to transmit and/or receive radio or electromagnetic waves, including but not limited to directional antennas, such as panels and microwave dishes and omnidirectional antennas, such as whip antennas.
AUTOMOBILE SERVICE STATIONA building or lot or part thereof having pumps and storage tanks and appurtenant facilities for the retail sale or dispensing of gasoline or other motor fuels, oils and accessories for the use of motor vehicles, and the rendering of services such as lubrication, washing and minor repairs with hand tools, and where service station and motor vehicle marking or garage facilities are clearly incidental to such principal filling station uses.
AUTOMOTIVE SERVICESThe cleaning and servicing of motor vehicles; the retail sale of motor fuels, supplying goods and services generally required in the operation and maintenance of motor vehicles, including the sale of petroleum products, the sale and servicing of tires, batteries, automotive accessories and replacement items; and the performance of routine automotive maintenance and repairs.
BARA business establishment engaged primarily in the retail sale of alcoholic beverages, such as beer, wine and liquor, to patrons seated at a table or a counter served by an employee of the establishment for consumption on the premises.
BASEMENTA story the floor of which is not less than two feet below grade and the ceiling of which is not more than 18 inches above original grade.
BREW PUBA restaurant together with the on-site brewing of beer, ale or similar alcoholic beverages incidental thereto.
BUILDINGIncludes structure and shall be construed as though followed by the words "or part thereof."
BUILDING COVERAGEThe sum of the area of coverage or footprint of all buildings and structures on the site.
CELLARA story the ceiling of which is entirely below grade or less than 18 inches above original grade.
COLLOCATIONWith respect to the location of a wireless communication facility, means the installation or placement of two or more such facilities on one structure.
CONVENIENCE STOREA business establishment engaged primarily in the retail sale of prepackaged food products, household items, newspapers and other goods commonly associated with the same and having a gross floor area of less than 5,000 square feet.
DELICATESSENA business establishment engaged primarily in the retail sale of prepared food and beverages for off-site consumption and in which tables, chairs or counters for the consumption of food on the premises are not provided.
DEVELOPMENT COVERAGE(1) With respect to property in a residential zoning district, the sum of the area of coverage or footprint of the building, structures, paved areas and other improved surfaces on a site, including areas covered with gravel, crushed stone and other materials used to support vehicles, and architectural landscape features such as, but not limited to, pools, ponds, fountains, patios, decks and gazebos; or
(2) With respect to a property in a business zoning district, the sum of the area of coverage or footprint of the building, structures, paved areas and other improved surfaces on a site, including areas covered with gravel, crushed stone and other materials used to support vehicles, but not including architectural landscape features such as pools, ponds, fountains, patios, decks and gazebos.
DISPLAY SIGNA structure that is arranged, intended, designed or used as an advertisement, announcement or direction; including sign, billboard and advertising devices of every kind.
DWELLINGA building occupied exclusively as the residence of a single family, not excluding a private garage within or attached to the building for the exclusive use of such family.
EXTERIOR SECURITY ENCLOSUREAny roll-up, accordion, scissor lath, steel grille, security shutter or other type of security doors or gates, of whatever material, intended to provide a layer of enclosure directly on the exterior of the building in addition to any exterior wall or window.
FAMILYAny number of individuals each related to the other by blood, lawful marriage or legal adoption, living together as a single household and doing their cooking on the premises; provided, however, that two persons shall not be deemed to be related to each other solely by reason of their having married siblings. A family includes children living with a family in an agency boardinghouse as defined in Subdivision 16 of §
371 of the Social Services Law or any successor statute.
GARAGEA building, shed or enclosure, or part thereof, in which a motor vehicle containing volatile inflammable fuel in its tanks is stored, housed or kept.
GRADEThe mean elevation of the established street level opposite those walls that are located on, or generally parallel with and within 15 feet of street lines; or, when the walls of the building are more than 15 feet from street lines, the mean elevation of the ground adjoining the building on all sides.
GROCERY STOREA business establishment engaged primarily in the self-service retail sale of foods and household merchandise, having a gross floor area of 13,000 square feet or less in size.
HALF-STORYA story between a floor and a pitch roof or hip roof.
HEALTH CLUBA membership club or business designed and used for body conditioning, exercise and rehabilitation, including activities such as aerobic and related class exercises, practice, training and education in sports, with competitions that are accessory and incidental to such training and education in sports and containing equipment such as weight lifting machines, free weights, whirlpools, saunas, steam rooms, showers, locker facilities and, as an accessory use, a health food bar, but not including pool halls, billiard parlors, bowling alleys or any use of archery equipment, guns, weaponry or similar equipment that may be used to simulate combat, including equipment that has the capacity to propel a projectile or emit a light and/or laser. Any health club shall limit its hours of operation to the hours of 6:00 a.m. to 11:00 p.m.
HEIGHTThe vertical distance from grade to the highest point of the building.
HEREAFTERAfter the time that this chapter has become effective; or, in the case of an amendment or addition to this chapter, after the time that such amendment or addition has become effective.
HERETOFOREBefore the time that this chapter has become effective, or, in the case of an amendment or addition to this chapter, before the time that such amendment or addition has become effective.
HOME OCCUPATIONAny business, professional, artistic or educational activity conducted within a dwelling unit by any of the residents of such dwelling unit, directed toward the generation of a fee or other income (whether or not such use is carried on for profit), which use is clearly subordinate to the use of the dwelling unit for dwelling purposes and does not change the character thereof and otherwise complies with the provisions of §
210-21L.
HOTELA building or any part thereof, other than a boardinghouse or furnished rooming house or motel, containing rooms offering transient lodging accommodations on a daily rate to the general public and providing additional services, such as restaurants, meeting rooms and recreational facilities.
INFEASIBLEWith respect to the nature or location of a wireless communication facility, means that a possible site cannot satisfy the technical requirements of the applicant's system because the site is not in a suitable location, or the applicant has not been able, after reasonable efforts, to secure the right to use such site from its owner, or any existing structure on the site is not at a suitable height and cannot be modified at a reasonable cost to reach the necessary height, and if the site is in a suitable location, and the applicant has been able to secure the right to its use and an existing structure is at a suitable height or can be modified at a reasonable cost to reach the necessary height, the proposed wireless communication facility would:
(1) Exceed the structural capacity of the structure on which it could otherwise be located and the structure cannot be reinforced, modified or replaced at a reasonable cost to accommodate the proposed facility or a modified facility which serves the applicant's purpose;
(2) Cause interference materially impacting the usability of any existing or approved wireless communication facility at such site and the interference cannot be prevented at a reasonable cost; or
(3) Be impracticable by reason of other technological factors which cannot be eliminated at a reasonable cost by modification of the site or proposed facility.
LOADING SPACEAny off-street space available for the loading or unloading of goods, not less than 15 feet wide, 40 feet long and 15 feet high (if covered in any manner), and having direct usable access to a street, except that where one such loading space has been provided, any additional loading space lying alongside, contiguous to, and not separated from such first loading space, need not be wider than 12 feet.
LODGING HOUSEA dwelling in which persons other than domestic servants employed therein are housed and provided with sleeping accommodations for a fee or other consideration.
LOTA portion or parcel of land considered as a unit, devoted to a certain use or occupied by a building or a group of buildings that are united by a common interest or use, and the customary accessories and open spaces belonging to the same.
LOT LINEA property line bounding a lot as defined herein.
MEMBERSHIP CLUBAn organization operating for members and their guests, for recreational, social or athletic purposes and land and buildings used for such purposes, which organization, land or buildings are not conducted or designed primarily for gain, and provided that no merchandising or commercial activities are conducted except as required generally for the membership and purposes of such club.
MULTIFAMILY HOUSEA building occupied exclusively as the home or residence of families living independently of each other, of which two or more are doing cooking within their apartments.
NIERNon-ionizing electromagnetic radiation.
NIGHTCLUBA business establishment that serves food or beverages and provides live or mechanical music or theatrical entertainment or permits dancing. The term "nightclub" shall include cabarets, dance halls, discotheques or other, similar establishments.
OCCUPIEDConstrued as though followed by the words "or intended, arranged or designed to be occupied."
OWNERIncludes his duly authorized agent or attorney, a purchaser, devisee, fiduciary and a person having a vested or contingent interest in the property in question.
PARKING SPACEAn off-street space available for the parking of one motor vehicle on a transient basis and having a width of nine feet, and an area of not less than 180 square feet, exclusive of passageways and driveways appurtenant thereto and giving access thereto, and having direct usable access to a street, but not requiring the backing of any vehicle across a sidewalk or into the street right-of-way.
PERSONIncludes corporation, copartnership as well as an individual.
PERSONAL SERVICE STOREA business establishment engaged primarily in providing services generally to individuals, such as a dry cleaner, tailor shop, beauty salon, barbershop, shoe repair, portrait photographic studio and other such similar uses.
PETROLEUM BULK STORAGE FACILITYA facility for the storage of petroleum products in bulk, consisting of three or more tanks each having a capacity of 5,000 barrels or more.
PREFERREDWith respect to the nature and location of a wireless communication facility, means a facility which is preferable in accordance with the following order of preference:
(1) A wireless communication installation in a business district.
(2) A wireless communication monopole or tower in a business district.
(3) A wireless communication installation in a recreational district at a location not less than 250 yards from the nearest dwelling or multifamily house.
(4) A wireless communication monopole or tower in a recreational district at a location not less than 250 yards from the nearest dwelling or multifamily house.
(5) A wireless communication installation on property not located in a zoning district at a location not less than 250 yards from the nearest dwelling or multifamily house.
(6) A wireless communication monopole or tower on property not located in a zoning district at a location not less than 250 yards from the nearest dwelling or multifamily house.
(7) A wireless communication installation in a retail district.
(8) A wireless communication monopole or tower in a retail district.
(9) A wireless communication installation in a recreational district at a location less than 250 yards from the nearest dwelling or multifamily house.
(10) A wireless communication monopole or tower in a recreational district at a location less than 250 yards from the nearest dwelling or multifamily house.
(11) A wireless communication installation on property not located in a zoning district at a location less than 250 yards from the nearest dwelling or multifamily house.
(12) A wireless communication monopole or tower on property not located in a zoning district at a location less than 250 yards from the nearest dwelling or multifamily house.
(13) A wireless communication installation in a railroad district.
(14) A wireless communication monopole or tower in a railroad district.
(15) A wireless communication installation in a multifamily district.
(16) A wireless communication monopole or tower in a multifamily district.
(17) A wireless communication installation in a residence district.
(18) A wireless communication monopole or tower in a residence district.
PRIVATE GARAGEA garage for not more than three noncommercial motor vehicles, as part of or accessory to a dwelling, on the same lot; to be used for the garaging of private, noncommercial vehicles.
REGIONAL SHOPPING CENTERA retail establishment having a gross floor area of 100,000 square feet or more, or a group of retail and service establishments having an aggregate floor area of 100,000 square feet or more, planned, developed, owned and/or managed as a unit related in location, size and type of shops, usually providing for general merchandise, apparel, furniture and home furnishings in full depth and variety, as well as personal service stores, and self-storage, provided the amount of floor area devoted to self-storage shall not exceed 30% of the total floor area of the shopping center.
RESTAURANTA business establishment engaged primarily in the sale of ready-to-consume foods. A "restaurant" is a carry-out restaurant, a coffee shop restaurant, a drive-in restaurant, a fast-casual restaurant, a fast-food restaurant or a full-service restaurant.
RESTAURANT, CARRY-OUTA fast-food restaurant in which the majority of sales are made to customers not in motor vehicles for consumption off the premises.
RESTAURANT, COFFEE SHOPA restaurant where hot and cold beverages and light meals, including coffee and typical breakfast items, are prepared for on-site or off-site consumption and made available by means of counter service. The food may be selected from a standardized menu visible behind the counter where the order is placed. Although table service may not be provided, the restaurant provides a comfortable dining atmosphere with tables for patrons.
RESTAURANT, DRIVE-INA fast-food restaurant in which the majority of sales are made to customers in motor vehicles for consumption off the premises.
RESTAURANT, FAST-CASUALA restaurant serving food for casual dining or take-out, where food is primarily prepared to order. The food may be selected from a standardized menu visible behind the counter where the order is placed. Although table service may not be provided, the restaurant provides a comfortable dining atmosphere with tables for patrons. Food is delivered on nondisposable plates or similar service ware.
RESTAURANT, FAST-FOODA restaurant where the majority of the sales are made at a drive-in or stand-up counter for take-out or quick eating and table service is not provided. The food is selected from a standardized menu visible from behind the counter where the order is placed. The food is previously processed or quickly prepared so that it is immediately available to the customer for take-out or take-away and is delivered in prepackaged or other containerized manner using disposable plates, cups and utensils.
RESTAURANT, FULL-SERVICEA restaurant preparing and serving food to order. The food is selected from a full menu by patrons seated at a table or counter, served by a waiter or waitress. Although table service does not have to be provided, the majority of the meals are served to patrons seated at tables in a comfortable dining atmosphere. Food is delivered on nondisposable plates or similar service ware. Although food may be available for consumption off premises, such sales are not the principal business of the restaurant.
SATELLITE EARTH STATIONA dish antenna or similar device designed to receive electromagnetic or microwave signals from satellites or earth sources.
SINGLE-FAMILY DWELLINGA building which is occupied exclusively as the home or residence of a single family, not excluding a private garage on the property within or attached to the building for the exclusive use of the family. A building which contains more than one kitchen and which houses or is occupied by an individual who is not:
(1) An owner of the building;
(2) A lessee of the building, provided that no part of such building is occupied by the owner;
(3) A spouse or minor child of such owner or such lessee;
(4) A chauffeur, servant nurse or other renderer of recognized health care employed full-time on the premises and persons related to a person so employed by blood, lawful marriage or legal adoption;
| shall be presumed not to be a single-family dwelling, but such presumption may be rebutted by clear and convincing evidence. |
SPECIAL ACCESSORY BUILDINGA building not exceeding one story or 15 feet in height (such as a private tool house, children's playhouse or a noncommercial greenhouse) having more than 100 square feet which is subordinate and accessory to a principal building on the same lot and which is used for purposes customarily incidental to those of the principal building; a private garage is not a special accessory building.
SPORTING STRUCTUREA sports court, basketball court, tennis court, platform tennis court, racquetball court, skating rink or other surface or structure used for any athletic activity.
STORYThat part of a building comprised between a floor and the floor or roof next above, and includes basement and cellar.
STREET LINEA lot line dividing a lot from the street; where the property line is in the center of the street the "lot line" shall be deemed to be a line 25 feet distant from the center of the street.
STUDIOA facility for the design and/or production of audio, video, movie, computer graphics, costumes or other related products for sale or distribution, including post-production offices, editing laboratories, lighting specialists and acoustical engineering services.
TOWERAny ground or roof mounted pole, spire, structure or combination thereof taller than 15 feet, including supporting lines, cables, wires, braces and masts, built for the purpose of mounting an antenna, meteorological device or similar apparatus above grade.
URGENT CARE CLINICA building or portion of a building containing an office or offices of medical doctors, dentists, psychiatrists, chiropractors, physical therapists and other licensed members of the medical profession which provides facilities and services for outpatient care, diagnosis and treatment of individuals suffering from illness, injury or other conditions requiring urgent medical or therapeutic services, including laboratory tests, allergic reaction care, throat cultures, minor lacerations and fractures, minor burn care, on-site radiology and dialysis, but does not contain facilities for performing surgical procedures or provide patient beds for overnight care.
USEDShall be construed as though followed by the words "or intended, arranged or designed to be used."
WELLNESS CENTERA business that offers personal services designed to improve an individual's wellbeing through:
(1) Physical activity such as yoga, Pilates, stationary cycling, stretching and strengthening exercises, other forms of exercise and instruction to improve balance or posture, or
(2) Recovery and relaxation techniques, such as sauna, meditation, provision of quiet space, licensed professional massage services, or
(3) Beauty and anti-aging treatments, such as, facial treatments, injections, broadband light therapy and other forms of, skincare or hair regeneration,
Provided the operator of such business has the requisite licenses for those services it offers for which licensing is required and limits its operation to the hours between 5:00 a.m. and 10:00 p.m. (prevailing time). A wellness center can occupy a building or a space within a building that is no larger than 3,000 square feet in size. |
WIRELESS COMMUNICATION FACILITYAny equipment used in connection with the provision of wireless communication services to transmit and/or receive frequencies, including but not limited to antenna(s), accessory telecommunications equipment and supporting masts.
WIRELESS COMMUNICATION INSTALLATIONAny equipment used in connection with the provision of wireless communication services to transmit and/or receive frequencies, including but not limited to antenna(s), accessory telecommunications equipment and supporting masts, but excluding wireless communication towers and wireless communication monopoles.
WIRELESS COMMUNICATION MONOPOLEAny monopole on which a wireless communication installation is located in connection with the provision of wireless communication services.
WIRELESS COMMUNICATION SERVICESWireless communication services commonly referred to as commercial mobile services, unlicensed wireless services, common carrier wireless exchange access services, "cellular telephone service" and "personal communication services," which services are regulated by the Federal Communications Commission in accordance with the Communications Act of 1934 [
47 U.S.C. §§ 151-613 (1996)] and Section 704 of the Federal Telecommunications Act, as they may hereafter from time to time be amended.
WIRELESS COMMUNICATION TOWERAny freestanding tower on which a wireless communication installation is located in connection with the provision of wireless communication services.
YARDAn open space on a lot extending along a lot line.