List of definitions. As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY STRUCTUREA structure that is associated with and incidental to the principal building or use on the same lot. Accessory structures are subordinate in area, extent, or purpose to the principal building or use.
ACCESSORY USEA use that is associated with and incidental to the principal use on the same lot. An accessory use may not be accessory to another accessory use.
ADULT ENTERTAINMENTA public or private establishment, with or without food and/or alcoholic beverages, which features topless or bottomless dancers, or strippers, or other entertainment characterized by an emphasis on sexual activities.
ADULT USEAny establishment or business involved in providing adult entertainment.
ALLEYA dedicated public right-of-way affording a secondary means of vehicular or pedestrian access to adjacent property and not intended for general traffic circulation.
ALTERATIONAs applied to a building or structure, a change or rearrangement in the structural parts, or in the entrance and exit facilities, or an enlargement, or the moving from one location or position to another.
AMUSEMENT, RECREATION, OR ENTERTAINMENT, INDOORA building or portion of a building designed and equipped for the conduct of sports, exercise, leisure-time activities, amusement or other recreation activities; excludes gaming and gambling facilities.
AMUSEMENT, RECREATION, OR ENTERTAINMENT, OUTDOORSports, exercise, leisure-time activities, amusement or other recreation activities conducted outdoors. Examples include driving ranges, miniature golf, swimming pools, tennis courts, motorized cart and motorcycle tracks, water parks, amusement parks, batting cages, trampoline facilities, mountain bike parks, and paintball courses.
ANIMAL CLINIC/VETERINARY HOSPITALA facility for the medical or surgical care by a doctor of veterinary medicine licensed in the State of New York of small animals commonly kept as household pets and having no limitation on overnight accommodations for such animals. Crematory facilities shall not be allowed in a veterinary hospital.
ANIMAL SHELTERAny facility where homeless, stray, abandoned, rescued or unwanted animals are received, harbored, maintained or made available for adoption to the general public and which is owned, operated or maintained by a duly incorporated nonprofit or tax-exempt organization devoted to the welfare, protection, or humane treatment of animals.
ASSISTED LIVINGAssisted living residence facility which provides housing, on-site monitoring, and personal care services and/or home care services (either directly or indirectly) in a home-like setting for senior (over 55) residents.
AUTO REPAIREngine or motor repair, electrical work, EV battery replacement, tune-ups and all other passenger vehicle repair activities not specifically listed in the definition of "auto body repair."
AUTO BODY REPAIRAny area of land, including structures thereon, that is used or designed to be used for the maintenance, servicing, repair or painting of vehicles, rebuilding engines or transmissions, bodywork, framework, or welding.
AUTOMOTIVE USESAll uses listed under the automotive category of the Use Table.
BAR/RESTAURANT/CAFE/BREWPUBAn establishment whose principal business is the selling of unpackaged food or beverages to the customer in a ready-to-consume state, where the customer usually consumes the food or beverage on the premises. Includes microbreweries/distilleries/wineries producing less than 5,000 barrels of beer, cider, wine, liquor, and/or mead annually.
BASEMENT/CELLARThe portion of a building which is partly or wholly below grade but so located that the vertical distance from the average exterior grade to the ceiling is less than or equal to the vertical distance from the average exterior grade to the floor (that is equal to or more than halfway below ground level). This portion is not a completed structure and serves as a substructure or foundation for a building.
BED-AND-BREAKFASTA structure containing up to five sleeping rooms which are designed or intended for occupancy by or which are occupied by one or more guests for compensation, but in which no provision is made for cooking. Separate sanitary facilities may or may not be provided for each room and one or more meals for each guest may be included at the discretion of the owner, who shall be a resident of the bed-and-breakfast establishment.
BREWERY/DISTILLERY/WINERYAny place or premises that is primarily used for producing beer, cider, liquor, wine, or mead for sale. The establishment is subject to all applicable New York State laws and regulations. It may include retail and may have an adjacent bar, tavern, taproom or restaurant.
BREWERY/DISTILLERY/WINERY, MICROA brewery/distillery/winery where the annual combined production of beer, cider, liquor, wine, and mead on-site does not exceed 75,000 barrels annually and where the product is sold for consumption on-site to the general public.
BUILDINGAny structure having a roof supported by columns or walls, used or intended to be used for the shelter, housing or enclosure of persons, animals or chattels. Structural connections, such as a covered walkway or canopy porch, roof, foundation walls, tunnel connections above or below ground, enclosed or otherwise, shall not be construed as creating a single building from two or more buildings. Where divided by party walls, each portion of a building shall be deemed a separate building except as otherwise provided herein.
BUILDING FRONTAGEThe first-floor building elevation(s) facing a public street. In the case where the principal entrance(s) of the building(s) is oriented toward a parking lot, the elevation containing the principal entrance may be selected by the owner as the building frontage instead of the elevation(s) facing a public street.
BUILDING HEIGHTThe vertical distance measured from the established grade to the highest point of the roof surface for flat roofs, to the deckline of mansard roofs, and to the average height between eaves and ridge for gable, hip and gambrel roofs. Where a building is located on sloping terrain, the height may be measured from the average ground level of the grade at the building wall.
CANNABIS CONSUMPTIONThe use of a cannabis product in, on, or by the human body for the product's cannabinoid content.
CANNABIS PRODUCTSCannabis, concentrated cannabis, and cannabis-infused products for use by a consumer.
CAR WASHAny building or premises devoted to the business of washing automobiles for a fee.
CEMETERYA place dedicated to the permanent interment of human remains including cremated remains.
CLINICA facility where people are admitted for examination and treatment and may be lodged overnight and/or for an extended period of time.
CLUB, PRIVATEA nonprofit association of persons who are bona fide members, which owns or leases a building or portion thereof, the use of such premises being restricted to members and their guests. Includes nonprofits registered as fraternal, social, civic, athletic, and trade clubs; excludes fraternities and sororities associated with academic institutions.
CO-HOUSINGAn intentional community of single dwelling units, or two-unit dwellings, with shared indoor and outdoor spaces. The attached or stand-alone dwellings have traditional facilities, including a private kitchen. Shared spaces typically feature a common house, which may include a large kitchen and dining area, laundry, and recreational or open spaces.
COMMUNAL HOUSINGBuilding(s) or structure(s) providing nontransient housing or accommodation in either shared or private dwelling units in a communal setting, together with services which may include shared kitchen/dining facilities, sanitary facilities, laundry facilities, amenities, and other facilities to the residents living therein. Residence in the communal housing requires membership in and/or payment to a nonprofit, religious, health care, or educational institution.
COMMUNITY CENTERA cultural, educational, or recreational facility designed for neighborhood-wide or City-wide use and operated on a not-for-profit basis.
COMMUNITY GARDENLand used for the cultivation of plants by multiple users for personal or group consumption or for sale or donation. Community gardens may be divided into separate plots for cultivation by one or more individuals or may be farmed collectively by members of the group and may include common areas maintained or used by group members.
COMMUNITY RESIDENTIAL FACILITYA supportive living facility subject to licensure by the New York State Office of Mental Health or the New York State Office for People with Developmental Disabilities which provides housing for individuals, including residential treatment facilities for children and youth.
COMPOSTING FACILITYA facility where organic matter derived primarily from off-site is processed by biological decomposition for commercial purposes. Activities of a composting facility may include management, collection, transportation, staging, composting, curing, storage, marketing, or use of compost.
CONVENTION CENTERA commercial facility used for conventions, conferences, seminars, product displays, recreational activities, and entertainment functions, along with accessory functions, including temporary outdoor displays, and food and beverage preparation and service for on-premises consumption. This term does not include banquet halls, clubs, lodges, or other meeting facilities of private or nonprofit groups that are primarily used by group members.
CORNICEA horizontal molded projection which crowns or finishes the wall of a building.
DAY-CARE CENTERA place, other than a personal residence, designed and/or operated to provide day care for children and operated on a regular basis for a fee. All state licensing requirements are to be met and all operation is to be in accordance with New York State Department of Social Services regulations.
DAY CARE, ADULTA place that provides individuals with socialization, supervision, monitoring, personal care, or nutrition in a protective setting during any part of the day, but for less than a twenty-four-hour period. Additional services may include and are not limited to maintenance and enhancement of daily living skills, transportation, caregiver assistance, case coordination and assistance, or relief of inclement weather to adults and minors where such condition is dangerous to human health.
DAY CARE, FAMILYA personal residence designed and/or operated to provide family or group day care for between three and 12 children and operated on a regular basis for a fee. All state licensing requirements are to be met, and all operation is to be in accordance with New York State Department of Social Services regulations.
DISTRICTA portion of the incorporated territory of the City within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this chapter.
DRIVE-THROUGH, ACCESSORYAn accessory structure or use that permits customers to receive services or obtain goods while remaining in their automotive vehicle.
DRIVEWAYThe space specifically designated and reserved on a lot primarily for the movement of vehicles from one site to another or from a site to a public street.
DWELLINGAny building that contains one or more dwelling units for habitation purposes.
DWELLING UNITA single unit with one or more rooms providing complete, independent living facilities for one or more persons, including permanent provisions for habitation, sleeping, eating, cooking and sanitation.
(1) DWELLING, ATTACHEDA dwelling which is joined to another dwelling at one or more sides by a party wall or walls.
(4) DWELLING, TWO-UNITTwo dwelling units which are attached, or a detached dwelling with two dwelling units.
(5) DWELLING, MULTIUNITA detached dwelling that contains three or four dwelling units; or a dwelling that consists of two attached dwellings in which the total number of dwelling units for both does not exceed four.
(7) DWELLING, TOWNHOUSE/ROWHOUSEThree or more dwelling units which are attached, with each dwelling containing one unit that extends from the foundation to the roof with open space on at least two sides including front and rear and a separate means of egress.
(9) DWELLING, ACCESSORY UNITAn additional dwelling unit that is either part of, or an accessory structure to, a single unit dwelling. Such a dwelling shall be incidental to the principal dwelling and subordinate in size.
EMERGENCY SERVICESFacilities operated by public agencies, including fire stations, other fire prevention and firefighting facilities, emergency medical technicians and ambulance substations and headquarters, and police and sheriff substations and headquarters, including interim incarceration facilities.
ERECTEDIncludes built, affixed, hung, placed, suspended, attached, constructed, altered, reconstructed, moved upon or any physical operations on the premises which are required, and the like shall be considered a part of erection as will the painting of wall signs.
ESSENTIAL SERVICESThe erection or maintenance by public utilities or municipal departments of underground, surface or overhead energy, water, waste, communications systems, or cellular service. May include gas, electric, steam, fuel or water transmission or distribution system collection; or communication, supply, or disposal system, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants and similar equipment in connection therewith necessary for the furnishing of adequate service by such utilities or municipal departments for the general health, safety and welfare. Does not include buildings.
EXCAVATIONAny breaking of ground, except common household gardening and ground care.
FACADEThe entire area of a building exterior elevation or side, extending from the roof or parapet to the ground, and from one corner of the building to another, but does not include any structure or nonstructural elements which extend beyond the roof.
FENCEA constructed barrier of wood, masonry, stone, metal, or other manufactured material or combination of materials erected to enclose, screen, or separate areas on a lot of land or portion thereof.
FLOOR AREA, GROSSThe floor area within the inside perimeter of the exterior walls of the building under consideration, exclusive of vent shafts and courts, without deduction for corridors, stairways, closets, the thickness of interior walls, columns or other features.
FLOOR AREA, NETThe actual occupied area, not including unoccupied accessory areas such as corridors, stairways, toilet rooms, mechanical rooms and closets.
FREIGHT TERMINAL, MOTORAny premises used by a motor freight company as a carrier of goods that is the origin or destination point of goods being transported, for the purpose of dispatching, storing, transferring, loading or unloading goods.
FREIGHT TERMINAL, RAILAny premises used by a rail freight company as a carrier of goods that is the origin or destination point of goods being transported, for the purpose of dispatching, storing, transferring, loading or unloading goods.
FUEL/CONVENIENCE STATIONAny area of land, including structures thereon, that is used for the sale of gasoline, oil or other motor vehicle fuel, and may include a convenience store and/or restaurant, excluding towing and automobile service. Autobody repair, auto repair, vehicle sales/rental/storage shall not be deemed permissible accessory uses of a fuel/convenience station.
FUNERAL HOMEA building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation. Funeral homes do not include crematories.
GARDEN CENTERA business whose principal activity is the selling of plants and/or gardening, agriculture, and landscaping supplies and who may have large outside storage, growing, display, or loading areas.
GARDEN CENTER, RETAILA business whose principal activity is the retail sale of plants and/or supplies to the general public for use in gardens, personal agriculture, or landscaping. The business may have outside storage or display packaged in quantities not exceeding those intended for personal use.
GEOTHERMAL, PRINCIPALA geothermal energy system that produces energy primarily for the purpose of off-site sale or consumption.
GOLF COURSEAn area of land laid out for golf with a series of nine or 18 holes, each including tee, fairway, and putting green and often one or more natural or artificial hazards; excludes miniature golf and driving ranges.
GRADEThe elevation established for the purpose of regulating the number of stories and the height of buildings. Grade shall be the mean level of the finished surface of the ground adjacent to the exterior walls of the buildings.
HOME OCCUPATION, MAJORA use which is clearly incidental to the use of the dwelling unit as a place of residence that is conducted primarily within a dwelling unit or its accessory building(s) or where office activities are conducted within the dwelling or accessory building. A major home occupation is distinguished by the ability to perform services on-site, serve customers on-site, and have up to one person other than the resident engaged in the occupation.
HOME OCCUPATION, MINORA use which is clearly incidental to the use of the dwelling unit as a place of residence that is conducted primarily within a dwelling unit or its accessory building(s) or where office activities are conducted within the dwelling or accessory building. A minor home occupation is distinguished by having no persons other than the resident of the property engaged in the occupation.
HOSPITALA facility engaged in providing medical or medical and surgical services primarily to inpatients by or under supervision of a physician on a twenty-four-hour basis with provisions for admission or treatment of persons in need of emergency care and an organized medical staff and nursing service, including facilities providing services relating to particular diseases, injuries, conditions or deformities. May include accessory uses including medical laboratory, rehabilitation or therapy center, medical waste autoclave, medical research facility.
HOTEL/MOTEL/HOSTELA commercial facility providing transient lodging containing six or more units and where the customary uses, such as restaurant facilities, meeting rooms, recreation facilities, playgrounds, game rooms, snack bars, shared kitchens, and leisure rooms, are provided for use by the lodger and/or the general public. A nightclub may be included in hotels/motels/hostels with 50 or more rooms.
HOUSE OF WORSHIPA place for public worship, including, but not limited to, a church, synagogue or mosque.
HYDROAny hydro energy system that is designed and intended to generate energy.
IMPERVIOUS SURFACEAny hard-surface, man-made area that does not readily absorb or retain water.
INDUSTRIAL FACILITYUses engaged in the manufacture of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales, or distribution. Shall include uses such as the manufacture of electronic instruments, engineered composites, the preparation of food products, pharmaceutical manufacturing, research and scientific laboratories, or the like. Shall not include uses such as mining and extracting industries, petrochemical industries, rubber refining, primary metal, or related industries.
INNA commercial facility, resembling traditional residential character with common access, providing transient lodging and meals, which is characterized by common dining facilities and leisure rooms available for use by lodgers and limited general public with no more than 12 guest rooms.
JUNKYARD or SALVAGE YARDSAny property or place where the business of a junk dealer or salvage dealer buys, exchanges, collects, receives, stores, accumulates, sells or otherwise transfers junk or salvage materials, other than wholly within an enclosed building. In addition, a junkyard shall include property used for the storage of impounded, abandoned, partially dismantled, obsolete or wrecked automobiles, other than wholly within an enclosed building.
KENNEL, COMMERCIALAny place where more than four dogs, cats, or other household domestic animals over four months of age are kept for sale, or on which more than two such animals are boarded for compensation.
LANDSCAPED AREAAn area of grass, trees, shrubs or other natural greenery, or containing any form of landscaping or architectural treatment.
LIVE-WORK UNITA dwelling unit used jointly for residential and commercial uses where the resident is the business owner.
LOADING SPACEAn area for the temporary parking of motor vehicles while transferring, loading or unloading goods, merchandise, and products or while performing services.
LOTA single tax parcel occupied or designed to be occupied by structures or uses together with such yards and open spaces as are required by this chapter.
LOT AREAThe total horizontal area within the lot lines of the lot.
LOT COVERAGEThe percent of the lot occupied by impervious surfaces.
LOT DEPTHThe average horizontal distance between the front and rear lot lines.
LOT LINESThe lines bounding a lot as defined herein:
(1) FRONT LOT LINEIn the case of a lot adjacent to only one street, the line separating such lot from such street. In the case of a lot that is adjacent to more than one street, the owner may request any street lot line as the front lot line.
(2) REAR LOT LINEThe lot line opposite the front lot line. In the case of a lot pointed at the rear, the rear lot line shall be an imaginary line parallel to the front lot line, not less than 10 feet long, lying farthest from the front lot line and wholly within the lot.
(3) SIDE LOT LINEAny lot line other than the front lot line or rear lot line. A side lot line separating a lot from the street is a side street lot line. A side lot line separating a lot from another lot or lots is an interior side lot line.
LOT OF RECORDA platted parcel of land, the dimensions of which are shown on a document or map on file with the City Assessor and which parcel of land actually exists as so shown. In no case shall a portion of an original platted lot constitute a lot of record.
LOT WIDTHThe horizontal distance between the side lot lines, measured at the two points where the building line or setback line intersects the side lot lines.
LOT, CORNERA lot where the interior angle of two adjacent sides at the intersection of two streets is less than 135°. A lot adjacent to a curved street or streets shall be considered a corner lot for the purposes of this chapter if the arc is of less radius than 150 feet and the tangents to the curve, at the two points where the lot lines meet the curve or straight street line, extended, form an interior angle of less than 135°.
LOT, THROUGHAny lot having frontage on two more or less parallel streets as distinguished from a corner lot.
MANUFACTURED (MOBILE) HOMEA dwelling unit, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems. A commercial coach, motor home, camper, or other unit originally designed as a recreation vehicle is not a manufactured home for purposes of this chapter and is not permitted for occupancy purposes outside of approved locations for such units.
MARIJUANAAll parts of the plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. Cannabis does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. Neither hemp nor cannabinoid hemp are included.
MODULAR HOMEA factory-fabricated transportable structure designed primarily for residential occupancy, constructed by a method or system of construction whereby the structure or its components are wholly or in substantial part manufactured in manufacturing facilities and designed for permanent installation on a building site. The term is intended to apply to major assemblies and does not include buildings constructed at a site from prefabricated panels, trusses, and other prefabricated supplements.
MUNICIPAL PARKA natural or landscaped area with buildings or structures provided by a unit of government to meet the active or passive recreational needs of people.
MUSEUMAn institution devoted to the procurement, care, study, and display of objects of lasting interest or value.
NIGHTCLUBA business which provides or permits any musical entertainment, singing, dancing or other form of amusement, including comedic performances, whether or not in connection with the service of food or beverage. Does not include an establishment such as a bar/restaurant/cafe/brewpub which provides incidental musical or vocal entertainment.
NONCONFORMING LOTA lot of record in existence prior to the effective date of this chapter or amendments thereto which does not have the minimum area, lot width or lot depth for the district in which it is located.
NONCONFORMING STRUCTUREA structure which was lawfully constructed, converted or enlarged pursuant to building permits issued by the City prior to the effective date of this chapter, or amendments thereto, and that does not conform to the regulations of the district in which it is located.
NONCONFORMING USEA use which was lawfully established, converted or enlarged prior to the effective date of this chapter, or amendments thereto, which does not conform to the regulations of the district in which it is located.
OCCUPANTAn entity residing or doing business on a parcel. In the case of a single unit residential use, the entity is the household; for residential uses with more than one unit, the entity is the property owner; for a commercial or industrial use, the entity is the business whether it be a sole proprietorship, partnership or corporation; and in the case of a not-for-profit, the entity is the corporation.
OFFICEA building or portion thereof used primarily for conducting the affairs of a business, profession, medical or health practitioner, service, industry, or government and generally furnished with desks, tables, files, and communication equipment. No manufacturing processes, retail sales, construction, or warehousing occurs on the premises.
ON-SITE CANNABIS CONSUMPTION LOUNGEAny person or business that is licensed under the provisions of New York State Law to permit adult-use on-site consumption of cannabis products at a specified location.
ORDINARY HIGH-WATER MARKThe highest level reached by a body of water that has been maintained for a sufficient period of time to leave evidence on the landscape.
OUTDOOR CAFE, ACCESSORY PATIOAn outdoor seating area consisting of tables, chairs, or other fixtures intended for the consumption of food and beverage, maintained on adjacent City-owned right-of-way, and intended for the patrons of an abutting food service facility or bar/restaurant/cafe/brewpub.
OUTDOOR STORAGEStorage of any materials, merchandise, stock, supplies, machines and the like that are not kept in a structure having at least four walls and a roof, regardless of how long such materials are kept on the premises. Outdoor storage shall not include junkyards or salvage yards or the like.
PARKING LOT (OFF-STREET)A lot devoted to the temporary parking of motor vehicles defined by a boundary, with parking spaces delineated.
PARKS and OPEN SPACESLand uses consisting of open spaces, natural areas, outdoor recreation, community gardens, or other public spaces. Parks and open spaces tend to have few structures. Examples include parks, cemeteries, public squares, plazas, recreational trails, botanical gardens, zoos, athletic fields, boat launching areas, and nature preserves.
PERSONAL AGRICULTUREThe small-scale production, keeping, or maintenance of plants and animals in urban or developed areas, which may or may not be for sale, where animals are limited to ducks, rabbits, honeybees, and female chickens (hens).
PERSONAL HORTICULTUREThe small-scale production, keeping, or maintenance of plants for personal use or for sale.
PET/DOG DAY CAREA site, building, or place designated and/or operated to provide day care for small animals commonly kept as household pets on a daily basis for a fee without boarding.
PLANNED DEVELOPMENTA site planned and developed as an integrated unit upon which residential, commercial, industrial or other land uses or any combination thereof may be authorized in a flexible manner so as to achieve the goals of the City's Comprehensive Plan.
PORCHAny veranda, gallery, terrace, piazza, portico or similar projection from a main wall of a principal building and covered by a roof. An unenclosed porch is a porch with no side enclosures that are more than 42 inches in height other than the side of the building to which the porch is attached. A porch shall extend no more than 12 feet out from the main wall of a building.
PRINCIPAL BUILDINGA building in which is conducted the principal use of the zoning lot upon which it is situated.
PUBLIC UTILITYA business or service having an appropriate franchise from the State of New York, which is engaged in regularly supplying the public with some commodity or service which is of public consequence and need, such as electricity, gas, water, transportation, or communications.
RECYCLING FACILITYA facility at which recoverable resources, such as paper, glassware, white goods, plastic, cardboard and metal cans are collected, stored, flattened, crushed or bundled. It does not include a wrecking yard where vehicles or other machinery is stored, dismantled, or demolished.
REDEMPTION CENTERA facility used for the collection of bottles and cans returned for deposits.
REDEVELOPMENTA project that substantially renovates and reuses a previously vacant or nearly vacant building.
RESIDENTIAL ADAPTIVE REUSE, PREEXISTINGThe conversion of a large building in existence on or before the adoption of this chapter from its original or most recent use to a dwelling with more than two units.
RETAIL, GENERAL AND SERVICEA business selling goods, services, instruction, or food; excludes adult uses; amusement, recreation, or entertainment (indoor or outdoor); automotive uses; bar/restaurant/cafe/brewpubs; day-care facilities; medical services; nightclubs; and offices.
RETAIL, NEIGHBORHOODA retail, general and service business of less than 2,000 square feet of gross floor area.
RETAIL SALE OF CANNABIS PRODUCTSTo solicit or receive an order for, to keep or expose for sale, and to keep with intent to sell, made by any licensed person, whether principal, proprietor, agent, or employee, of any cannabis or cannabis products.
RIGHT-OF-WAY LINESLines which separate private property from existing or dedicated public property containing or proposed to contain publicly owned street surfaces, gutters, curbs, planted strips or sidewalks.
RIVER SETBACKThe minimum distance allowed between a building, structure, or parking area and the top-of-bank of a river or stream.
SCHOOL, COLLEGE, UNIVERSITY OR TRADEA public, parochial, or private school authorized to grant degrees or certificates in higher education or a school primarily devoted to giving instruction in vocational, professional, artistic, or other special subjects.
SCHOOL, PRESCHOOL, ELEMENTARY, MIDDLE OR HIGHAny public elementary or secondary school, universal prekindergarten program, an approved provider of preschool special education, any other publicly funded prekindergarten program, a school serving children in a special act school district, an approved private school for the education of students with disabilities, a state-supported school, or a state-operated school, as each is defined by the New York State Department of Education.
SELF STORAGEA facility consisting of a structure or group of structures containing individual spaces available for rent for the storage of personal property.
SETBACK LINE, BUILDINGA line prescribed by the zoning district regulations delineating portions of a lot into which no building or structure shall project.
SHOPPING CENTERA group of retail or other commercial establishments that is planned, owned, and managed as a single property.
SHORT-TERM RENTALThe rental or lease of any dwelling unit or dwelling for a period of 30 days or less to one entity. Motels, hotels, hostels, inns, and bed-and-breakfasts are excluded from this definition.
SIGNAny representation used to identify, advertise or promote the interests of any person or business when such sign is placed in the view of the general public out of doors or on the exterior of any building or structure, including interior and exterior window surfaces. "Representation" shall include any lettered or pictorial matter, including letters, words, symbols, emblems and insignias, and the structure or device or part thereof which displays such representation. It does not include customary window display of products.
(1) BUILDING SIGNAny sign attached to any part of a building, including windows.
(2) DISPLAY AREAThe area that encloses the limits of the message, announcement or decoration on a building or freestanding sign.
(3) ELECTRONIC MESSAGING CENTERAny sign that contains liquid crystal diodes (LCD), light-emitting diodes (LED), plasma, light bulbs, or other digital illuminated displays that allow for fixed or changeable copy, symbols, figures, or images by remote or automatic means.
(4) FOOTCANDLESA measurement of the amount of light reaching an object. A footcandle is the measurement of the intensity of one lumen of light falling on one square foot of surface area one foot away from the source.
(5) FREESTANDING SIGNAny sign not attached to any part of a building, but affixed by any other means in or upon the ground.
(6) MONUMENT SIGNA ground-level sign on which a driver notices or a person passing by can easily see the business information. It is typically made from brick and mortar construction, stone, stainless steel, plastic, or other durable materials.
(7) NONCONFORMING SIGNA sign existing before the effective date of this chapter which would otherwise not be allowed under the terms of this section.
(8) ON-PREMISES SIGNA sign advertising the sale or lease of property upon which it is located or a sign advertising activities conducted on the property on which it is located.
(9) SANDWICH-BOARD SIGNA portable sign constructed in such a way that two sign boards connected at the top and angled so that the boards are freestanding.
(10) SIGN INSTALLATIONThe act of placing, erecting or painting a sign, moving a sign or replacing a sign board with another. This term does not include repainting an existing sign, painting a new message over an existing sign, or replacing the panel in a lighted sign box with the same type of material.
(11) SIGN MAINTENANCEThe act of keeping a sign in the state of good repair, including repainting (whether with the same message or a new message), replacing the panel in a lighted box with the same type of material, bulb replacement and repair of electrical and structural parts.
(12) SIGN STRUCTUREThe supports, uprights, bracing, backing and framework for a sign, as distinguished from the facade or structural components of a building.
(13) TEMPORARY SIGNA sign designed or intended to be displayed for a short period of time.
(14) WINDOW SIGNA sign which is painted or affixed on glass or other window material or placed within 12 inches of the window, but not including graphics on products as part of a customary window display of products or services rendered on the premises.
SITE PLANA plan, to scale, showing uses and structures proposed for a lot of land as required by the regulations involved. It includes lot lines, streets, building sites, reserved open space, major landscape features, and the location of proposed utility lines.
SKILLED NURSING FACILITYAn institution (or a distinct part of an institution) which is primarily engaged in providing to residents skilled nursing care and related services for residents who require medical or nursing care, or rehabilitation services for the rehabilitation of injured, disabled, or sick persons, and is not primarily for the care and treatment of mental diseases.
SOLAR ENERGY SYSTEMA solar collector or other device or structural design feature that relies upon sunshine as an energy source and is capable of collecting, distributing, and/or storing the sun's radiant energy.
SOLAR, PRINCIPALA solar energy system that is ground-mounted and produces energy primarily for the purpose of off-site sale or consumption.
SPECIAL EVENTS, OUTDOORA celebration, ceremony, wedding, reception, corporate function, or similar activity for the benefit of someone other than the property owner, involving the gathering of individuals assembled for the common purpose of attending a special event. Uses that are accessory to a residential use, including private parties, gatherings, and similar activities that are not subject to a use agreement between a private individual or group and the homeowner are not defined as a special event.
STORAGE YARDThe use of any space, whether inside or outside a building, for the storage or keeping of construction equipment, machinery, vehicles or parts thereof, boats and/or farm machinery.
STORYThat part of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling or roof next above it.
STREETA strip of land intended primarily for vehicular traffic and providing the principal means of access to property, including but not limited to road, land, drive, avenue, highway, boulevard, or any other thoroughfare.
STRUCTUREAny object constructed, installed or placed on the land or connected to a shoreline, such as an antenna, building, sign, tank, fence, pole, pool, wind turbine, and any fixtures, additions and alterations thereto. Construction must be more than six inches above grade or in excess of 100 square feet in gross floor area or over 100 feet in height to be considered a structure. Landscaping features, driveways, and parking areas shall not constitute structures.
TECHNOLOGY/RESEARCH FACILITYBuildings or portions of buildings used primarily for scientific, medical and/or high-tech research, development, and product or equipment design activities in a setting which combines offices and laboratories and may include light manufacturing. Includes laboratories serving the medical profession by the testing and analysis of specimens submitted by physicians.
TEMPORARY USEA use conducted upon a premises for a prescribed and limited duration.
THEATERA building designed for the enactment of dramatic performances, musical performances, and/or the showing of motion pictures.
TRANSPARENCYFenestration that provides clear visibility into the building through the use of windows and door glazing as well as unobstructed openings in the building facade. There shall be no interior wall or other permanent visual obstruction within five feet of any window, door or other opening used to meet the transparency requirement. Windows and doors used meet the transparency requirements may be temporarily covered by operable window treatments, such as curtains or blinds.
TRAVEL TRAILER/RECREATIONAL VEHICLE (RV)Any vehicle or structure which is designed to be self-propelled or towable on its own wheels (sometimes referred to as a "fifth-wheel" or "tow-behind"), that is designed and intended to be used for temporary living quarters for travel, recreational, or vacation purposes.
USEAny activity, occupation, business, or operation carried out on a lot of land or in a structure.
VARIANCES, AREAThe authorization by the Zoning Board of Appeals for the use of land in a manner that is not allowed by the dimensional or physical requirements of this chapter.
VARIANCES, USEThe authorization by the Zoning Board of Appeals for the use of land for a purpose that is otherwise not allowed or is prohibited by this chapter.
VEHICLE CHARGING STATIONA location that contains the equipment that supplies electric energy for the recharging of electric vehicles.
VEHICLE SALES/RENTAL/STORAGEAny building, land area or other premises used for the storage or sale or lease or rental of automobiles, trucks, trailers, boats, RVs, campers, and/or manufactured homes, but not including any repair work other than warranty and other repair service conducted as an accessory use on such premises. A permanent sales office building shall be located on the same lot as the vehicle sales.
VENDING LOTTemporary use of a lot where food, beverages, goods, merchandise, or services are displayed, offered for sale, or given away.
WALK-UP WINDOW, ACCESSORYAn accessory structure or use that permits customers to receive services, obtain goods, or be entertained while remaining outside on foot.
WAREHOUSE/WHOLESALE DISTRIBUTIONFacilities characterized by extensive indoor storage, frequent heavy trucking activity, open storage of material, or nuisances, such as dust, noise and odors, but not involved in manufacturing or production.
WATER-DEPENDENT USEAn activity that can only be conducted on, in, over or adjacent to a water body because such activity requires direct access to that water body, and which involves, as an integral part of such activity, the use of the water.
WATER-ENHANCED USEAn activity that does not require a location adjacent to or over a water body, but whose location on land adjacent to the shore adds to the public use and enjoyment of the water's edge. Water-enhanced uses are primarily residential, recreational, cultural, retail, or entertainment uses.
WIND ENERGY SYSTEMA device or structural design feature that generates energy from wind and is capable of collecting, distributing, and/or storing energy.
WIND, ACCESSORYAny wind energy system that is an accessory use or structure.
WIND, PRINCIPALA wind energy system that is ground-mounted and produces energy primarily for the purpose of off-site sale or consumption.
YARDAn open space on the same lot with a building, unoccupied or unobstructed by a portion of structure from the ground upward, except as otherwise provided in this chapter.
(1) YARD, FRONTA yard between the front lot line and the front line of a building extended to the side lot lines; except that if the rear yard shall face the street, it shall be considered a "front yard."
(2) YARD, REARA yard extending across the full width of the lot and lying between the rear lot line and the principal building(s).
(3) YARD, SIDEA yard between the principal building and a side lot line and extending through from the front yard to the rear yard.
ZOO/AQUARIUMAn area or structures which contain wild animals on exhibition or display for viewing by the public.