A use customarily incidental and subordinate to the principal use or building, and located on the same lot with such principal use or building.

Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion-picture machines, projectors or other image-producing devices are maintained to show images to not more than one person per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.

A nightclub, bar, restaurant or similar commercial establishment which features:

A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.

A public or private establishment, or any part thereof, which presents any of the following entertainment, exhibitions or services: topless and/or bottomless dancers; strippers; topless waitressing, busing or service; topless hair care or massages; service or entertainment where the servers or entertainers wear pasties or G-strings, or both; adult arcades; adult bookstores or adult video stores; adult cabarets; adult motion-picture theaters; adult theaters; escort agencies; nude model studios; and sexual encounter centers. Adult use entertainment establishments customarily exclude minors by reason of age.

Any landing area or locality, either of land or water, including airstrips and intermediate landing fields, which is used or intended to be used for the landing and takeoff of aircraft, for personal or training purposes or for receiving or discharging passengers or cargo, whether or not facilities are provided for sheltering, servicing or repair of aircraft.

A narrow service way providing a secondary public means of access to abutting properties.

As applied to a building or structure, a change or rearrangement in the 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 location or position to another.

A building arranged, intended or designed to be occupied by three or more families living independently of each other.

The total 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.

The total areas taken on a horizontal plane at the main grade level of the principal building, exclusive of porches, carports, terraces, garages, steps and breezeways.

The total area within the property lines excluding external streets.

A story partly underground but having at least 1/2 of its clear height above average grade (see also "cellar").

An owner-occupied one-family dwelling used for providing overnight accommodations and a morning meal to not more than 10 transient lodgers, containing at least three but not more than five bedrooms for such lodgers.

Any dwelling in which more than three persons either individually or as families are housed or lodged for hire, with or without meals. A rooming house or a furnished rooming house shall be deemed a boardinghouse.

Any structure having a roof, supported by columns or by walls, and intended for the shelter, housing or enclosure of persons, animals or chattels.

A subordinate building or a portion of the principal building on a lot, the use of which is customarily incidental to that of the main or principal building.

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 not enclosed, but does not include steps.

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 deckline of mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs.

A building in which is conducted the main or principal use of the lot on which said building is situated.

Includes the purchase or sale or any other transaction involving the handling or disposition of any article, substance, commodity or service, including animals, together with offices, and recreational and amusement enterprises when conducted for a profit and as a general enterprise.

Any one or more of the following, other than a hospital, place of detention or school offering general instruction:

A private garage not completely enclosed by walls and doors.

A story partly underground and having more than 1/2 of its clear height below the average finished grade. A cellar shall not be considered in determining the permissible number of stories. See also "basement."

Any place, however designated, operated for the purpose of providing daytime care or instruction for four or more children, operated on a regular basis. Child-care facilities shall include kindergartens, day nurseries, day-care centers, preschool facilities and nursery schools.

An organization catering exclusively to members and their guests or premises and buildings for recreational or athletic purposes, which are not conducted primarily for gain, provided that there are not conducted any vending stands, merchandising or commercial activities except as required generally for the membership and purposes of such club.

See "business."

Any vehicle so licensed.

A parcel of land at the junction of and fronting on two or more intersecting streets, roads, or thoroughfares where the front line is indicated by the address of the building.

An unoccupied open space, other than a yard, on the same lot with a building, which is bounded on two or more sides by the walls of such building.

That percentage of the plot or lot area covered by the building area.

A building designed or used exclusively as the living quarters for one or more families.

A building used or designed as a residence for three or more families living independently of each other and doing their own cooking therein, including apartment houses, apartment hotels, flats and group houses.

A detached building designed for or occupied exclusively by one family.

A building designed for or occupied exclusively by two families, living independently of each other.

A person who, for consideration, agrees or offers to act as a companion, guide or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

A person or business association which furnishes or offers to furnish or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration.

The removal of sand, gravel, stone, ore, earth, including topsoil, consolidated or unconsolidated material, or other natural deposits or minerals from the ground by blasting, stripping, subterranean or surface digging, mining, quarrying or other means.

The use of any land or other premises for the excavation of consolidated or unconsolidated materials or other natural deposits or minerals from the ground by blasting, stripping, subterranean or surface digging, mining, quarrying or other means and by the cutting, crushing, screening, washing, stockpiling and processing of materials.[2]

Any parcel of land containing at least 10 acres which is used for gain in the raising of agricultural products, livestock, poultry and dairy products. It includes necessary farm structures within the prescribed limits, and the storage of equipment used. It excludes the raising of fur-bearing animals, riding academies, livery or boarding stables and dog kennels.

Any area of land, including any structure or structures thereon, that is used or designed to be used for the supply of gasoline or oil or other fuel for the propulsion of vehicles. For the purpose of this chapter, there shall also be deemed to be included within this term any area or structure used or designed to be used for polishing, greasing, washing, spraying, dry cleaning or otherwise cleaning or servicing such motor vehicles.

The sum of the gross horizontal areas of the several floors of the building or buildings, measured from the exterior faces of exterior walls or from the center line of walls separating two buildings.

The maximum horizontal area of a building at the ground level, exclusive of porches, steps and attached garages.

An enclosed space for the storage of one or more motor vehicles, provided that no business, occupation or service is conducted for profit therein, nor space therein for more than one car is leased to a nonresident of the premises.

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 motor vehicles.

The completed surfaces of lawns, walks and roads brought to grades as shown on official plans or designs relating thereto.

An occupation or profession which is carried on in a dwelling unit, or accessory structure to a dwelling unit, by a member of the family residing in the dwelling unit and which is clearly incidental and secondary to the use of the dwelling unit for residential purposes.

Unless otherwise specified, includes a sanitarium, sanatorium, preventorium, clinic, rest home, nursing home, convalescent home and any other place for the diagnosis, treatment or other care of ailments, and shall be deemed to be limited to places for the diagnosis, treatment or other care of human ailments.

A building containing rooms intended or designed to be used or which are used, rented or hired out to be occupied or which are occupied for sleeping purposes by guests and where only a general kitchen and dining room are provided within the building or in an accessory building.

Manufacture of a raw product or commodity into a saleable product, including those manufacturing or other operations through which marketable commodities are produced.

A lot, land or structure, or a part thereof, used primarily for the collecting, storage and sale of wastepaper, rags, scrap metal or discarded materials or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in running condition and for the sale of parts thereof.

Any lot or premises on which any number of traditional domestic animals are kept for commercial purposes not related to agriculture.

The Sweden Town Planning Board may permit land banking of up to 25% of the required parking spaces through the site plan process. Sufficient evidence shall be provided by the applicant that supports the reduced parking needs. The area proposed for land banking of parking spaces shall be an area suitable for parking at a future time. Landscaping of the land banked area shall be in full compliance with the zoning regulations and, at a minimum, landscaped with turf. As a result of the site plan review, additional landscaping of the land banked area may be required. The land banking area cannot be used for any other purpose. The land banked parking area cannot be used to fulfill any other landscaping requirements. As a part of the site plan review process, the applicant shall show the area to be banked on the site plan and marked as "Land Banked Future Parking." The Sweden Town Planning Board, on the basis of increased parking demand for the use, shall require the conversion of all or part of the land banked area to off-street parking spaces. Nothing shall prevent the applicant from converting the land banked area to parking prior to Town notification. Where land areas are reserved for future connections to adjacent parcels, all improvements (i.e., sanitary, storm, water, roads) are to be constructed to the common property line.

A business premises equipped with individual clothes-washing machines for the use of retail customers, exclusive of laundry facilities provided as an accessory use in an apartment or hotel.

The dividing line between the street and the lot.

A building in which three or more rooms are rented and in which no table board is furnished.

A parcel of land occupied or capable of being occupied by one building, and the accessory buildings or uses customarily incident to it, including such open spaces as are required by this chapter.

The square footage or acreage contained within the boundaries of a lot. Any portion of a lot included in a public road, street or highway right-of-way shall not be included in calculating lot area.

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

The mean distance from the street right-of-way line to the rear lot line measured in the general direction of the side lines of a lot.

The linear distance along a lot line which adjoins the road or highway providing access to a lot.

Property lines bounding a lot.

The line separating a lot from a street right-of-way.

The line opposite and most distant from a front lot line.

Any lot line other than a front or rear lot line.

The width of a lot between the side lot lines at the front building line as prescribed by front yard and setback regulations.

Any installation which provides any accommodations or facilities for watercraft, including mooring, docking, storing, leasing, sale or servicing of watercraft located adjacent to waters of the State of New York within the Town of Sweden.

A portable unit less than five years old designed and built to be towed on its own chassis, comprised of a frame and wheels, connected to utilities and designed without a permanent foundation for year-round living. A unit may contain parts that may be folded, collapsed or telescoped when being towed and expanded later to provide additional cubic capacity, as well as two or more separately towable components designed to be joined into one integral unit capable of being again separated into the components for repeated towing. Mobile units can be designed to be used for residential, commercial, educational or industrial purposes, excluding, however, travel trailers, motorized homes, pickup coaches and camping trailers.[3]

A building or group of buildings, whether detached or in connected units, used as individual sleeping or dwelling units designed primarily for transient motor vehicle[4] travelers and providing for accessory off-street parking facilities. The term "motel" includes buildings designated as tourist courts, motor lodges and similar appellations.

See "garage, public."

Use of a building or of land which was lawful prior to the adoption or amendment of this chapter but which does not conform to the regulations as to use for the district in which it is situated by reason of such adoption or amendment.[5]

Any place, other than an art class accredited by the State of New York, where a person who appears in a state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured or photographed or similarly depicted by other persons who pay money or any form of consideration.

The appearance of one or more of the following: human bare buttocks, anus, male genitals, female genitals or fully exposed female breasts.

See "hospital."

An unoccupied space open to the sky on the same lot with the building.

An off-street space available for the parking of one motor vehicle and having an area of not less than 200 square feet, exclusive of passageways and driveways appurtenant thereto and giving access thereto and having direct access to a street or alley.

The signed placard to be obtained by an owner, lessee, licensee or any other principal user of land, as required by this chapter.

See "lot."

A platform attached to a house, covered by a roof.

Paper or cardboard advertising media of a temporary nature, widely distributed and applied to vertical surfaces.

A lot or land, or part thereof, used for the purpose of extracting stone, sand, gravel or topsoil for sale, as an industrial operation, and exclusive of the process of grading a lot preparatory to the construction of a building for which application for a building permit has been made.

Any establishment where horses are kept for riding, driving or stabling for compensation, or incidental to the operation of any club, ranch, association or similar establishment.

The offering of agricultural products raised only on the premises from which they are sold.

A state of dress in which clothing covers no more than the genitals, pubic region and areolas of the female breast, as well as portions of the body covered by supporting straps or devices.

See "filling station, public gasoline."

A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:

An adult arcade, adult bookstore or adult video store, adult cabaret, adult motion-picture theater, escort agency, nude model studio or sexual encounter center.

A group of at least four or more existing or proposed nonresidential establishments managed as a unit and which are usually within the same building, or in contiguous units or in separate units that are using integrated parking facilities and have a common access to the public way.

Any structure, vehicle or part thereof or any device attached to a structure, vehicle, or part thereof or painted or represented on a structure, vehicle or part thereof which shall display or include any letter, word, model, banner, flag, insignia, device, or representation used as or which is in the nature of an announcement, direction or advertisement. A sign does not include the flag, pennant or insignia of any nation or group of nations or of any state, city or other political unit. See § 175-30 for specifics.

An authorization of a particular land use which is permitted in this chapter, subject to conditions imposed by this chapter to assure that the proposed use is in harmony with this chapter and will not adversely affect the neighborhood if such conditions are met.

The male genitals and/or the vulva or more intimate parts of the female genitals.

Any of the following:

An accessory building in which horses are kept for private use and not for hire, remuneration or sale.

A building in which any horses are kept for remuneration, hire or sale.

That portion of a building included between the surface of any floor and the surface of the floor next above it, or, if there is no floor above it, then the space between any floor and the ceiling next above it.

A story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story.

The vertical distance from the top surface of the floor to the top surface of the floor next above. The height of the topmost story is the distance from the top surface of the floor to the top surface of the ceiling joists.

A public or private way which affords the principal means of access to abutting properties.

The officially established grade of the street upon which a lot fronts. If there is no officially established grade, the existing grade of the street shall be taken as the street grade.

The strip of land occupied by a dedicated roadway under the jurisdiction of a governmental agency.

Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.

The increase by more than 11% of any of the following:

Any structure intended for swimming, recreational bathing or wading that contains water over 24 inches (610 millimeters) deep. This includes in-ground, aboveground and on-ground pools, hot tubs, spas and fixed-in-place wading pools.

A building or part of a building devoted to the showing of motion pictures or legitimate theater on a paid admission or free basis.

An open lot or part thereof, with its appurtenant facilities, devoted primarily to the showing of motion pictures or theatrical productions, on a paid admission basis, to patrons seated in motor vehicles or on outdoor seats.

The specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.

A building or structure, or portion thereof, to which any one or more of the following apply:

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 requirements.

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

A street or alley or other thoroughfare or easement permanently established for passage of persons or vehicles.

An unoccupied space open to the sky, on the same lot with a building or structure.

An open, unoccupied space on the same lot with the building between the front line of the building and the front line of the lot and extending the full width of the lot.

An open, unoccupied space on the same lot with the building situated between the rear line of the building and the rear line of the lot and extending the full width of the lot.

An open, unoccupied space on the same lot with the building situated between the building and the side line of the lot and extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed a side line.