Except where specifically defined herein, all words used in this chapter shall carry their customary meanings. Words used in the present tense shall include the future tense, and the plural includes the singular, unless the natural construction of the term indicates otherwise.
A. 
The term "person" includes a firm, association, organization, partnership, trust, company, corporation, individual, or any other entity.
B. 
The term "shall" is mandatory and directory.
C. 
The term "may" is permissive.
D. 
The term "used" includes the terms "designated, intended or arranged to be used."
E. 
The term "lot" includes the words "plot" and "parcel."
F. 
The term "buildings" includes the word "structure."
For the purpose of this chapter, the following words and terms shall be defined as:
ACCESSORY BUILDING OR USE
A building or use which is customarily incidental and subordinate to the principal building or use in extent, area, and purpose and located on the same lot with the principal building or use.
ADULT BOOKSTORE
An establishment having, as a significant portion of its stock-in-trade, books, films, magazines and other periodicals which are distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.
ADULT CARE
The provision of temporary or long-term residential care and services to adults who, though not requiring continual medical or nursing care as provided by facilities licensed or operated pursuant to Article 28 of the Public Health Law or Articles 19, 23, 29 and 31 of the Mental Hygiene Law, are, by reason of physical or other limitations associated with age, physical or mental disabilities or other factors, unable or substantially unable to live independently.
ADULT-CARE FACILITY
A facility, other than a family-type home, which provides adult care. For the purposes of this chapter, an adult-care facility shall include the following: adult home, enriched housing program, residence for adults, shelter for adults, public home and private proprietary adult-care facility, as defined by New York State Department of Social Services Chapter II, Subchapter D, Part 485.
ADULT DANCING ESTABLISHMENT
A commercial establishment that permits or allows dancers to display or expose specified anatomical areas. Any establishment on whose premises an employee, who need not be the same employee, displays or exposes specified anatomical areas on more than one day in a thirty-day period shall be deemed an "adult dancing establishment" under this chapter.
ADULT MOTION-PICTURE THEATER
An enclosed building used for presenting material distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.
ADULT USE
Any activity or business which provides entertainment services or materials to customers with an emphasis on matter depicting or relating to sexual activities or specific anatomical areas or which customarily excludes minors by reason of age. Adult uses include: X-rated video stores and bookstores, live or video peep shows, topless or fully nude dancing establishments, combination X-rated video/book stores, nonmedical massage parlors, hourly motels, swingers clubs, X-rated movie theaters, escort service clubs, or any combination or variation thereof.
AGRI-BUSINESS
Any business which is designed to directly support or is engaged in the production operations of an agricultural operation, the manufacture or distribution of farm equipment and supplies, or the processing, storage, and distribution of farm commodities. Agri-businesses may include: farm markets, agri-tourism, and direct marketing businesses associated with agriculture.
AGRICULTURAL USE OR FARMING OPERATION(S)
Land used principally as a bona fide agricultural operation by the owner or tenant; the use of land for agricultural purposes, including farming, silviculture, viticulture, fish culture, animal and poultry husbandry, and the necessary accessory uses for packing, treating, or storing the produce, provided that the operation of the accessory use is clearly incidental to the agricultural activity; the business of garbage feeding of hogs, fur farms, or the raising of animals for use in medical or other tests or experiments is excluded. Commercial logging and timber harvesting are also excluded.
AIRPORT
A tract of land that is maintained for the landing and departure of aircraft, together with facilities to shelter, repair and supply aircraft.
ALLEY
Narrow supplementary thoroughfare for the public use of vehicles or pedestrians, affording access to abutting property.
ALTERATION
Any change, rearrangement or addition to or deletion from a building other than repairs and modification in building equipment systems (i.e., heating, cooling, electrical, etc.).
AMUSEMENT
Any mechanical, electric or electronic device used or designated to be operated for entertainment or as a game by the insertion of a coin, slug, token, plate, disc, key or any other article into any slot, crevice or other opening or by paying money to have it activated. Not included are rides, bowling alleys, any devices maintained within a residence for use of occupants thereof and their guests, any gambling devices or jukeboxes.
ANIMAL HOSPITAL
A facility that provides medical care to animals which is run by a Doctor of Veterinary Medicine (DVM). Animals may be kept in the facility during the recovery period or while under medical treatment. Animal hospitals may include boarding of animals.
ANIMAL HUSBANDRY
The use of land and such accessory uses incidental to the raising of domestic animals. Domestic animals include but are not limited to: cattle, horses, rabbits, goats, sheep, swine and poultry.
ANIMAL SHELTER
A dog kennel, stable and similar uses oriented to the care of animals, whether commercial, nonprofit or private, not including agricultural uses such as dairy or beef cattle farms.
ANTENNA(S)
A system of electrical conductors that transmit or receive frequency signals. Such signals shall include but not be limited to radio, television, cellular, paging, digital and/or data communications, personal wireless communications services (PWS) and microwave communications. This definition excludes short wave or ham radio equipment used for personal communication.
ANTENNA, COLLOCATED/EXISTING STRUCTURE
An antenna that is attached to an existing communications tower, smokestack, water tower or other existing structure and that is less than 15 feet higher than the existing structure on which it is mounted.
ANTENNA, NONCOLLOCATED/NEW STRUCTURE
An antenna that is not mounted on an existing structure or is located 15 feet higher than the existing structure on which it is mounted.
AQUIFER RECHARGE AND WATERSHED PROTECTION ZONE
Includes areas duly designated as Wellhead Protection Zone (Z1), Aquifer Recharge Zone (Z2) and Watershed Zone (Z3) on the Village or Town Aquifer Protection Map. The Aquifer Protection Map shall be an overlay on the Zoning Map and the rules and regulations of the Wellhead, Aquifer Recharge and Watershed Protection Zone shall apply in addition to the requirements of this chapter.
ASSISTED-LIVING FACILITY
A residential facility providing supervision, monitoring, or assistance with the daily activities for more than 25 elderly or disabled persons in a residential setting. Such facilities may include a congregate dining room. Group homes and boardinghouses are not included in this definition.
AUTOMATED TELLER MACHINE (ATM)
A mechanized consumer banking device operated by a financial institution for the convenience of its customers, whether outside or in an access-controlled facility. ATMs located within a building shall be considered accessory to the principal use unless the ATM is likely to be an independent traffic generator.
AUTOMOBILE REPAIR
Any building, structure or land used for the repair and/or maintenance of passenger vehicles, motorcycles, trucks, trailers, or similar vehicles used for noncommercial purposes.
AUTOMOTIVE SALES
The sales or leasing of new or used automobiles, motorcycles, trucks, and recreational vehicles, which includes storage and any incidental maintenance.
AUTOMOTIVE SERVICE STATION
A. 
Establishments used or intended for use of one or any combination of the following activities:
(1) 
Retail dispensing of motor vehicle fuels.
(2) 
Retail selling and installing of liquids, coolants, or lubricants where substantial disassembly is not required.
(3) 
Engine tune-ups, body work, frame straightening, painting, electrical work, transmission repair, or any other repair services not specifically listed.
B. 
Vehicle dismantling for the resale of salvaged parts, including tires, is not included in this definition. (See "junkyard.")
BAR
Establishments licensed to sell alcoholic beverages for on-premises consumption.
BASEMENT
A story, partly below ground level but having at least 1/2 of its height above ground level.
BATCHING PLANT
A plant for the manufacture or mixing of concrete, cement, and concrete and cement products, including any apparatus and uses incident to such manufacturing and mixing.
BED-AND-BREAKFAST ESTABLISHMENT
A residential dwelling used for providing overnight accommodations and a morning meal to not more than 10 transient lodgers and containing not more than five bedrooms for such lodgers (Ref: NYS Uniform Code).
BERM
A man-made earthen mound (usually from two to six feet in height) designed to provide visual interest on a site, screen undesirable views, reduce noise, or fulfill other such purposes.
BILLBOARD
A sign which directs attention to a business, industry, profession, commodity, service, organization, activity, institution, product, or entertainment neither sold, located nor offered upon the property where the sign is situated.
BLIGHT
Unsightly condition of a structure or lot, including, but not limited to, broken windows, peeling paint, the accumulation of debris, litter, rubbish, or rubble; fences characterized by holes, breaks, rot, crumbling, cracking, peeling or rusting; landscaping that is dead, characterized by uncontrolled growth or lack of maintenance, or damaged; and any other similar conditions of disrepair and deterioration regardless of the condition of other properties in the neighborhood.
BLOCK
The length of a street between two intersections.
BOARDING/ROOMING HOUSE
A dwelling occupied by one nuclear family with four or more boarders, lodgers or roomers, who are lodged with or without meals, and in which there are provided such services as are incidental to its use as a temporary residence for some of the occupants. A "rooming house" is a "boardinghouse."
BROOME COUNTY SOIL AND WATER CONSERVATION SERVICE
The United States Department of Agriculture, Soil Conservation Service.
BROWNFIELD
Abandoned, idled, or underused industrial and commercial facilities where expansion or redevelopment is complicated by real or perceived environmental contamination.
BUILDING
Any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals or property.
BUILDING AREA
The total of areas taken on a horizontal plane at the main finished grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces and steps. All dimensions shall be measured between exterior faces of walls.
BUILDING AND CONSTRUCTION MATERIALS STORES
Establishments which specialize in the retail sale of new building and construction materials and related supplies; general home repair and improvement materials and supplies are excluded. Establishments in this category may have display equipment designed to handle lumber and related products and supplies that may be kept either indoors or outdoors in approved areas (Ref: 2002 NAICS United States Census).
BUILDING COVERAGE
The percentage of the lot area covered by the combined area of the primary and accessory buildings. This definition excludes driveways, swimming pools, decks, parking areas and parking lots and other impermeable surfaces on such lot, excluding patios, terraces and pedestrian walkways.
BUILDING, DETACHED
A building surrounded by open space on the same lot.
BUILDING FRONT LINE
The line of that face of the building nearest the street line, or if there are street lines on two or more sides of the building, it is the line of that face of the building frontage on that street line where the principal entrance is located. This face includes covered porches, whether enclosed or unenclosed, but does not include steps.
BUILDING HEIGHT
The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat or mansard roofs and to the average height of pitched, gable, hip and gambrel roofs.
BUILDING OFFICIAL
The duly designated Building Official of the Town of Union or Villages of Johnson City or Endicott.
BUILDING PERMIT
A permit issued by the Code Enforcement Officer or other Building Official to enable the construction or alteration of a building to begin. The permit shall only be issued after the proper documentation and information have been submitted and necessary approvals have been granted.
BUILDING, PRINCIPAL
A building in which is conducted the principal or primary use of the lot on which it is situated.
BULK
The size and shape of buildings and nonbuilding uses and the physical relationship of their exterior walls to lot lines and other buildings or walls and all open spaces required in connection with a building. Bulk requirements include lot area, lot area per dwelling unit, lot frontage, lot width, setbacks, yards, building heights, spacing between buildings on a single lot, density and the number of buildings in a row.
BULK SALES OR RENTAL
Includes furniture stores, major home appliance stores, carpet and flooring stores, equipment rental, auction houses and similar uses. It does not include vehicle sales or rental businesses.
BUSINESS INCUBATOR
A facility dedicated to the start-up and growth of small businesses, accomplished through management and facility support systems. For purposes of this definition, management support systems include access to professional advice, information on small business regulations, management, advertising, promotion, marketing, sales, inventory, employees, labor relations, and financial counseling. Facility support systems include clerical and reception staff, cleaning and building security, and access to copy and facsimile machines, computers, faxes, and other electronic equipment.
BUSINESS PARK(S)
An area of land in which a collection of more than one nonindustrial business is located.
CALIPER
A horticultural method of measuring the diameter of nursery stock. For trees less than four inches in diameter, the measurement should be taken at six inches above ground level. For trees greater than four inches in diameter up to and including 12 inches, the caliper measurement must be taken at 12 inches above the ground level. For trees greater than 12 inches in diameter, the trunk is measured at breast height (diameter at breast height or DBH), which is 4.5 feet above the ground.
CAMP
A. 
Any one or more of the following:
(1) 
TYPE 1Any area of land or water on which are located two or more cabins, tents, trailers, recreational vehicles, shelters, or other accommodations of a design or character suitable for seasonal or temporary living purposes, regardless of whether such structures or other accommodations actually are occupied seasonally. This excludes mobile homes, manufactured homes, mobile home parks, and manufactured home communities.
(2) 
TYPE 2Any land, including any building thereon, used for any assembly of persons for what is commonly known as "day camp" purposes, whether or not conducted for profit and whether occupied by adults or by children, either as individuals, families or groups.
B. 
Hospitals, places of detention or schools offering general instruction are excluded from this definition.
CAMPSITE
The lot or space in any camp which may be assigned to, or used and occupied by any one cabin, tent, trailer, recreational vehicle, shelter, or other accommodation for transient or temporary living purposes for overnight, weekend or seasonal camping.
CARPORT
An open-sided roofed automobile shelter, either freestanding or formed by extension of a roof from the side of a building, in which case it shall be deemed part of the structure to which it is attached. In either case, a carport shall not be deemed a garage.
CAR WASH
Any building or premises, or portion thereof, the use of which is devoted to the business of washing automobiles for a fee, whether by automated cleaning devices or otherwise.
CELLAR
Is an enclosed space having more than 1/2 of its height below ground level.
CEMETERY
Land used or intended to be used for the burial of the animal or human dead and dedicated for cemetery purposes, including crematories, mausoleums, crematorium, and columbaria.
CERTIFICATE OF COMPLIANCE
A statement, signed by the Code Enforcement Officer or Building Official, setting forth that a building, structure, or use complies with all of the requirements of this chapter only and such adjustment thereto granted by the Board of Appeals and/or the Planning Board.
CERTIFICATE OF OCCUPANCY
A document issued by the Code Enforcement Officer or Building Official allowing the occupancy or use of a building and certifying that the structure or use has been constructed or will be used in compliance with all the applicable municipal codes and ordinances.
CERTIFICATE OF OCCUPANCY, TEMPORARY
A certificate issued by the Code Enforcement Officer or Building Official upon the meeting of all requirements of this chapter, except those elements of the site plan for which a performance bond has been accepted by the Town Board. The temporary certificate of occupancy shall not be issued for a period exceeding one year.
CHURCH, COMMUNITY-SCALE
Facility intended as a gathering place for organized religious worship and related activities.
CLUBHOUSE, MEMBERSHIP
Includes YMCA, YWCA, YMHA, fraternity, sorority, lodge, religious and similar membership clubs which may have dormitory accommodation on the premises.
CLUB, PRIVATE
A building or use catering exclusively to private club members and their guests for recreational or athletic purposes, and not operated primarily for gain or profit.
CLUSTER DEVELOPMENT
A development design technique that concentrates buildings in specific areas on a site to allow remaining land to be used for recreation, common open space, or the preservation of historically or environmentally sensitive features. The design divides land into not more than the number of lots permissible in a conventional subdivision of the same property in the same zone, but where the size of individual lots may be reduced in order to gain common open space.
CODE ENFORCEMENT OFFICER
The person officially designated by the Village Board of Trustees or the Town Board that is responsible for the administration and enforcement of this chapter.
COMMON OPEN SPACE/RECREATION AREA
An area unobstructed by buildings, but may include walks, paths, landscaping or other site features in public or common ownership. Recreation buildings may be included as part of common open space.
COMMUNITY CENTER
A meeting hall or place of assembly intended for use as a gathering place by diverse members of the community.
COMMUNITY GARDENS
A private or public facility for cultivation of fruits, flowers, vegetables, or ornamental plants by more than one person or family.
COMMUNITY RECREATIONAL FACILITY
A place, area, structure, or other facility owned or operated by a governmental entity or certified nonprofit organization used by persons in the community to carry out recreational activities including outdoor and indoor facilities such as tennis courts, swimming pools, soccer fields, etc.
COMMUNITY RESIDENCE
A supervised community home, operated in compliance with the New York State Mental Hygiene Law, which houses not more than 14 individuals and provides client supervision on a twenty-four-hour basis. For the purposes of this chapter, an approved community residence as defined herein is considered a one-family dwelling.
COMPATIBLE
A. 
Having a pleasing or congruent arrangement of elements in the design and/or appearance between two or more attributes of a structure;
B. 
Having a pleasing or congruent arrangement of elements in the design and/or appearance between two or more structures;
C. 
Having a pleasing or congruent arrangement of elements in the design and/or appearance between two or more attributes of a neighborhood; or
D. 
Having a pleasing or congruent arrangement of elements in the use or function between two or more attributes of a neighborhood or area.
CONDOMINIUM OWNERSHIP
The ownership interest in dwelling units and other facilities pursuant to Article 9-B of the Real Property Law of New York State.
CONGREGATE CARE FACILITY, ELDERLY
A building or group of buildings providing a continuity of residential occupancy and health care for elderly persons. Such facility typically includes dwelling units for independent living, assisted living facilities, plus a skilled nursing care facility of a suitable size to provide treatment or care of elderly residents (55 years or older). It may include ancillary facilities for service or care of residents.
CONIFEROUS
A plant with foliage that persists and remains green year-round. Also known as "evergreen."
CONVALESCENT HOME, NURSING HOME or EXTENDED CARE FACILITY
See "hospital."
COOPERATIVE OWNERSHIP
The ownership interest in dwelling units and other facilities by a corporation organized pursuant to the Cooperative Corporation Law of New York State.
COPY SHOP
A business engaging in the reproduction of photographic impressions through mimeographic, electrostatic, or thermal copy process, whether wet or dry.
COURT
An unoccupied open space other than a yard. An "outer court" is one which extends to the front, side or rear yards; an "inner court" is any other court.
CURB
A stone or concrete boundary usually marking the edge of a roadway or paved area.
CURB CUT
The length of the opening along the road curb providing vehicular ingress and/or egress between property and an abutting public street.
CUSTODIAL CARE FACILITY
A facility providing custodial care and treatment in a protective living environment for persons residing voluntarily or by court placement, including, without limitation, correctional and post-correctional facilities, juvenile detention facilities, and temporary detention facilities.
DANCE, ART, OR MUSIC STUDIO
Establishments or work space dedicated to artists, artisans, musicians, dancers, or other individuals practicing one of the fine or performing arts or skilled in an applied art or craft. Incidental retail sales of work produced on the premises or related to the studio may be included in the business's permitted function. This definition excludes all adult-oriented uses.
DAY-CARE, ADULT
The provision of care to individuals over the age of 18 for periods less than 24 consecutive hours, but not including schools, provided that such day care conforms to all applicable licensing and/or registration requirements of New York State.
DAY-CARE, YOUTH
Any program or facility caring for children for more than three hours per day per child in which child day-care is provided by a licensed child day-care provider except those programs operating as a group family day-care home, a family day-care home, and a school-age child care program as defined by § 390.1 of the Social Services Law of the State of New York (Ref: New York State Social Services Law).
DECIBEL
A unit of measurement of the intensity (loudness) of sound. Sound level meters which are employed to measure intensity of sound are calibrated in decibels.
DECIDUOUS
A plant with foliage that is shed annually.
DESIGN REVIEW/DESIGN CONTROL
The comprehensive evaluation of a development and its impact on neighboring properties and the community as a whole, from the standpoint of site and landscape design, architecture, materials, colors, lighting, and signs, in accordance with a set of adopted criteria and standards.
DESIGN STANDARDS
A set of guidelines regarding the architectural appearance of a building, or improvement, that governs the alteration, construction, demolition, or relocation of a building, or improvement.
DETENTION AREA
An area that is designed to capture specific quantities of stormwater and to gradually release the stormwater at a sufficiently slow rate to avert flooding.
DEVELOPMENT
Any man-made changes to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, excluding normal maintenance of farm roads.
DEVELOPMENT PLAN, FINAL
The required plans submitted to the Planning Board, provided that approvals have been granted for preliminary plans and the change of zone (which constitute the first two phases for a Planned Unit Development or Mobile Home Park District).
DEVELOPMENT PLAN, PRELIMINARY
A preliminary development plan shall include the following information:
A. 
A proposed site plan showing building locations and land use areas; traffic circulation, parking areas and pedestrian walks; and landscaping layout.
B. 
A proposed construction sequence for buildings, parking spaces and landscaped areas.
DEVELOPMENT PLAN, SITE
A plan for the improvement and development of single-family attached residential, multifamily, commercial, office, industrial, institutional, Planned Unit Development District and Mobile Home Park District properties. The plan shall be submitted to and approval obtained from the Planning Board prior to the issuance of a building permit.
DORMITORY USE
Includes fraternity, sorority, nurses' home and dormitory.
DOWNZONING
A change in the zoning classification of land to a classification permitting development that is less intensive or dense, such as from multifamily to single-family or from commercial to industrial to residential. A change in the opposite direction is called "upzoning."
DRIVE-IN BUSINESS
An establishment, including outdoor theaters and restaurants, where a patron generally does not enter the building but is served or entertained in a motor vehicle.
DRIVE-THROUGH FACILITIES
A building or use, from which, by design of physical facilities, a product is sold to or a service performed for customers while they are in or near their motor vehicles, including but not limited to fast-food restaurants, drive-up bank tellers, film-processing service booths, etc.
DRIVEWAY
Land used as access to and situated on the property or lot by vehicular traffic.
DRY-CLEANING OUTLETS
Facilities which provide dropoff and pickup of garments and other textile items for dry-cleaning services off-site. (Actual dry cleaning services are not performed on site.) Dry cleaning outlets do not include any coin-operated facilities.
DRY-CLEANING FACILITIES
Facilities which provide on-site specialty cleaning services for specific garments and textile items, except carpets and upholstery.
DWELLING
A detached building designed or used exclusively as living quarters for one or more persons or families; the term shall not be deemed to include motel, hotel, boarding or rooming house, recreation vehicle, tourist home or tent.
DWELLING, MULTIFAMILY
A building designed or used as living quarters by three or more families living independently of each other; may include apartment buildings, townhouses, or row houses.
DWELLING, ONE-FAMILY
A building designed or used as living quarters by one family.
DWELLING, ONE-FAMILY ATTACHED (commonly called "townhouse" or "row house")
A row of two or more adjoining dwelling units each on its own lot and separated from each other by one or more party walls.
DWELLING, ONE-FAMILY DETACHED (commonly called "single-family house")
A building separated from lot lines and other buildings by open space on all sides.
DWELLING, TWO-FAMILY
A building designed and used exclusively for occupancy for two families living independently of each other and which is separated from lot lines or other buildings by open space on all sides.
DWELLING UNIT
One room, or a group of rooms joined to each other and not regularly locked in the interior, located in a dwelling, designed and maintained as a unified living quarter, occupied by an individual or a family, containing integrated facilities used for living, sleeping, cooking, eating and sanitation.
EASEMENT
Any authorization by a property owner for the use by another, for a specified purpose, of any designated portion of a lot.
EAVE
The projecting lower edges of a roof overhanging the wall of a building.
EDUCATIONAL INSTITUTION
Any public or private school or other organization conducting a regularly scheduled curriculum of study and operated under the Education Law of New York State.
ELEEMOSYNARY INSTITUTION
Any building or group of buildings devoted to and supported by charity.
ELEVATIONS, BASE FLOOD
Elevations above mean sea level of the flood levels which have a one-percent chance of being equaled or exceeded in any given year, as defined on the Flood Insurance Rate Map.
ENVIRONMENTAL ASSESSMENT FORM or EAF
The official form used by an agency, in compliance with SEQRA, to assist it in determining the environmental significance or nonsignificance of actions. An EAF may consist of the short or full EAF as detailed in § 617.6 of the Environmental Conservation Law.
ESCORT AGENCY
A person or business association who or which furnishes, offers to furnish or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration.
EVERGREEN
A tree, shrub, or plant having foliage that persists and remains green throughout the year.
EXOTIC ANIMALS
Reptiles, ferrets, snakes, tropical birds, turtles, and any species of animal whose natural or usual habitat within the State of New York is either in the wild or in a zoo but which is being housed or sustained by a person.
FAMILY
Any number of individuals related by blood, marriage, operation of law, or adoption, or any number of individuals not related by blood, marriage or adoption living together and who meet the indicia for a functional and factual family equivalent.
FAMILY DAY-CARE HOME
As defined in § 390(1)(e) of the Social Services Law (SSL) as a program where day care is provided for three to six children for more than three hours per day in a family home occupied as a residence. The home may care for an additional one or two school-age children if those children receive care primarily before or after school.
FARM
Any parcel of land containing at least three acres which is used for 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.
FARMER'S MARKET
The seasonal selling or offering for sale at retail of home-grown vegetables or produce, occurring in a pre-designated area, where the vendors are generally individuals who have raised the vegetables or produce or have taken the same on consignment for retail sale.
FENCE, OBSCURING
A wood or vinyl fence, including any gates in said fence, that is 80% or more opaque.
FILL
Any material that is not hazardous as defined in the Solid Waste Disposal Act or the regulations of the New York State Department of Environmental Conservation Parts 370 through 374 and 376, such as earth, clay, sand, gravel, and concrete that is placed, stored, or dumped upon the surface of the ground resulting in an increase in the natural surface elevation. "Fill" shall not include solid waste as defined in Parts 360 and 364 of the New York State Department of Environmental Conservation Law, garbage (putrescible animal, vegetable waste), refuse (putrescible and nonputrescible liquid or solid waste), rubbish or debris (household or commercial trash), recyclable materials, junk or junk vehicles, parts, explosives, pathological waste, or biological waste.
FILLING
The depositing of fill on land, whether submerged or not, including nonhazardous earth, clay, sand, or gravel.
FLOOR AREA
The sum of the horizontal area of the floors of a building and its accessory buildings on the same lot, excluding unfinished basement or cellar floor areas not devoted to habitable use, but including the area of roofed porches and roofed terraces. All dimensions shall be measured between interior faces of walls.
FLOOR AREA, HABITABLE
The floor area of rooms in a dwelling unit used for bedrooms, living rooms, dining rooms and kitchens.
FOOD PROCESSING AND PACKING PLANTS
Facilities which transform and process livestock and agricultural products into products for eventual consumption and package the processed goods for distribution to wholesalers or retailers.
FOREST
A biological community dominated by trees and other woody plants covering a land area of one acre or more. This also includes forests that have been cut but not cleared. In other areas, a biological community dominated by trees and other woody plants covering a land area of 10,000 square feet or greater. Forest includes:
A. 
Areas that have at least 100 trees per acre with at least 50% of those trees having a two-inch or greater diameter at 4.5 feet above the ground and larger; and
B. 
Forest areas that have been cut but not cleared.
FORESTRY OPERATIONS
The use of land for the raising and harvesting of timber, pulp woods, and other forestry products for commercial purposes, including the temporary operation of a sawmill and/or chipper to process the timber cut from that parcel or contiguous parcels. Excluded from this definition shall be the cutting of timber associated with land development approved by the Town, which shall be considered accessory to the development of the property.
FRONTAGE
The extent of a building or a lot along one public street as defined herein.
FROST LINE
Forty-two inches below the final grade surface of the ground.
FUNCTIONAL AND FACTUAL FAMILY EQUIVALENT
A group of unrelated individuals living together and functioning together as a traditional family. In determining whether or not a group of unrelated individuals comprise a functional and factual family equivalent, the Zoning Board of Appeals may consider the following factors:
A. 
Whether the occupants share the entire dwelling unit or act as separate roomers.
B. 
Whether the household has stability akin to a permanent family structure. The criteria used to determine this test may include the following:
(1) 
Length of stay together among the occupants in the current dwelling unit or other dwelling units.
(2) 
The presence of minor dependent children regularly residing in the household.
(3) 
The presence of one individual acting as head of the household.
(4) 
Proof of sharing expenses for food, rent or ownership costs, utilities and other household expenses.
(5) 
Common ownership of furniture and appliances among the members of the household.
(6) 
Whether the household is a temporary living arrangement or a framework for transient living.
(7) 
Whether the composition of the household changes from year to year.
(8) 
Any other factor reasonably related to whether or not the group of persons is the functional equivalent of a family.
FUNERAL HOME
A building used for the preparation of the deceased for cremation or burial and the display of the deceased and ceremonies connected therewith before burial or cremation.
GAME ROOM
A building or place containing five or more amusement games as defined herein. (See "amusement.")
GARAGE, ATTACHED
A garage having a common wall or a portion thereof with a principal residential building and used for the storage of motor vehicles, boats or trailers and in which no home occupation, business or service for profit is maintained.
GARAGE, PRIVATE
An enclosed space for the storage of motor vehicles, provided that no business, occupation or service is conducted for profit therein.
GARAGE, PRIVATE DETACHED
A building used as an accessory use to a principal residential building for the storage of motor vehicles, boats or trailers and in which no home occupation, business or service for profit is maintained.
GARAGE, PUBLIC
Any building, other than a private garage, which is available to the public, operated for gain and used for storage of automobiles.
GARAGE SALE
A sale of used household or personal articles (as furniture, tools, or clothing) held on the seller's own premises.
GOLF COURSE
A public or private recreation establishment having no fewer than nine holes; each improved with tees, greens, fairways, and hazards for playing the game of golf. Miniature golf and driving ranges are excluded.
GRADE, FINISHED
The completed surface of grounds, lawns, walks, paved areas and roads brought to grade as shown on plans and designed related thereto in existence at the time the certificate of occupancy is issued.
GREENHOUSE
An enclosed structure, typically constructed of glass or plastic, in which agricultural or horticultural stock is grown in climate-controlled conditions and protected from outside elements.
GROUP-CARE FACILITY
A building used to house people with health problems. Such facility shall be under the direction and supervision of trained medical or mental health professionals.
GROUP FAMILY DAY-CARE HOME
As defined in § 390(1)(d) of the Social Services Law (SSL) as a program in which day care is provided in a family home occupied as a residence for seven to 10 children, including not more than four children under two years of age, or up to 12 children where all of the children in care are over two years of age. Care may also be provided for up to two additional school-age children outside of school hours.
HALFWAY HOUSE, PENAL
A facility where one or more residents are:
A. 
On probation;
B. 
On parole; or
C. 
Participating in a penal institution's pre-release program.
HEALTH CLUB
An establishment in which members use health and fitness facilities and equipment, and includes any outdoor equipment or facilities owned by the establishment.
HELIPORT
An area of land used exclusively for the takeoff and landing of helicopters. A helicopter is an aircraft whose support in the air is chiefly derived from the aerodynamic forces acting upon one or more rotors turning on vertical axis.
HISTORIC DISTRICT OVERLAY
Includes areas duly designated within definable geographic boundaries as an Historic District by the Historic District Commission which may have within its boundaries properties or structures that, while not of such specific historic and/or architectural significance, nevertheless contribute to the overall visual characteristics of the Historic District. The Historic District shall be an overlay on the Zoning Map and the rules and regulations of the Historic District shall apply in addition to the requirements of this chapter.
HOME OCCUPATION
An occupation or profession of a service character conducted within a dwelling by a member of the residing family, which is clearly secondary to the dwelling use for living purposes and does not change the character thereof or have any exterior evidence of such secondary use.
HOMEOWNERS' ASSOCIATION OWNERSHIP
The ownership of dwelling units, common elements and other facilities by an association organized pursuant to the laws of New York State.
HORTICULTURAL USES
Any land or structures, including greenhouses, used for the commercial production, sale, or research of vegetative products.
HOSPITAL
Any facility, structure or place for diagnosis and treatment of human illnesses, injuries or ailments. This includes a sanitarium, clinic, rest home, nursing home, convalescent home, home for the aged.
HOTEL
A building containing rooms which are used, rented or hired out to be occupied for sleeping purposes and where a general kitchen and dining room may be provided within the building or in an accessory building.
HOUSEHOLD
Any number of persons living together who meet the indicia for a functional equivalent of a traditional family.
HOUSEHOLD PETS
Small, domesticated animals or fish kept for pleasure and not for utility or commercial purposes. Pets include animals such as, but not limited to, dogs, cats, hamsters, nonvenomous snakes, fish and nonfowl birds (not raised for meat or eggs).
HOUSING FOR THE ELDERLY
A residential complex containing multifamily units which is designed for the needs of the elderly and which is subject to the management or other legal restrictions that require that the project shall be occupied by households wherein at least one person is 55 years or over. Such facilities may include a congregate dining room.
HOTEL
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 single kitchen and dining room are provided within the buildings or in an accessory building. (See "lodging.")
INDUSTRIAL AGRICULTURAL ENTERPRISE
A large-scale business activity that specializes in a specific aspect of agriculture or farming and uses specialized equipment or buildings to process farm products for their delivery to market. The raising of livestock or processing of agricultural products grown on the premises may be subordinate to such use.
INDUSTRIAL PARK
A collection of sites for the location of various industries which may or may not be related to one another.
INSTITUTION
A facility that provides a public service and is operated by a federal, state, or local government, public or private utility, school, church or similarly recognized and legally established sect, public agency, tax exempt organization, or quasi-public organization.
JUNK
Old, discarded or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, waste or junked, scrapped, ruined, dismantled or wrecked motor vehicles or parts thereof, iron, steel and other old, discarded or scrap ferrous or nonferrous material, tires, lumber, pallets and other wood debris.
JUNKYARD
A lot, land or structure or part thereof used for the collecting, storage or sale of wastepaper, rags, scrap metal or discarded material, or for collecting, wrecking, dismantling, storage, salvaging or sale of machinery parts or vehicles not in running condition.
KENNEL, COMMERCIAL
An establishment for boarding, breeding, grooming, training for a fee, or selling household pets, domestic animals or exotic animals other than personal pets of the property owner or lessee.
KENNEL, PRIVATE
The raising or keeping of five or more household pets.
LANDFILL
A disposal facility or part of one at which solid waste, or its residue after treatment, is intentionally placed in or on land, at which solid waste will remain after closure, and which is not a landspreading facility, a surface impoundment, or an injection well.
LANDSCAPE WASTE
All accumulations of grass or shrubbery cuttings, leaves, tree limbs, and other materials accumulated as the result of the care of lawns, shrubbery, vines, and trees.
LAUNDROMAT
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 house or an apartment hotel.
LEED CERTIFIED
A building or site that is classified as meeting certain building and construction standards set forth by the United States Green Building Council (USGBC) Leadership in Energy and Environmental Design (LEED).
LIVESTOCK
Any domestic animal, such as cattle, horses, donkeys, mules, burros, sheep, hogs or goats of greater than three months' age.
LOADING AREA
An off-street space not less than 12 feet wide and 35 feet long with an overhead clearance of at least 15 feet, exclusive of passageways, driveways, ramps, columns and other areas, and which is used for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials.
LODGING
A single building or group of buildings containing guest rooms or apartments, with parking space for such rooms or apartments, which is primarily designed for the accommodation of transient travelers and does not contain individual cooking facilities. Lodging facilities may also provide additional services to guests, such as food and beverages, limited recreational facilities, conference rooms, and laundry. Hotels and motels are considered lodging.
LOT
Land occupied or to be occupied by a building and its accessory buildings, together with such open spaces as are required, having not less than the minimum area, width and depth required for a lot in the district in which such land is situated and having frontage on a street or other means of access as may be determined by the Planning Board to be adequate as a condition of the issuance of a building permit for a building on such land.
LOT AREA
The total horizontal area within the property lines, excluding any part lying within the boundaries of a public street or proposed public street.
LOT, AVERAGE SIZE
In the performance standard bulk requirements, the average size of all lots of the same use in the same development.
LOT, CORNER
A. 
A lot located at the junction of and fronting on two or more intersecting streets.
B. 
A lot which has an interior angle of less than 135° at the intersection of two street lines. A lot abutting upon a curved street shall be considered a corner lot if the tangents to the curve at the points of intersection of the side lot lines intersect at an interior angle of less than 135°.
LOT DEPTH
The mean horizontal distance from the street line of the lot to its opposite rear line measured at right angles to the building front line in the general direction of the side lines of the lot.
LOT FRONTAGE
The distance measured across the width of the lot at the building front line or the proposed building front line.
LOT LINE, FRONT
In the case of a lot abutting upon only one street, the line separating the lot from the street right-of-way; in the case of a lot abutting more than one street, each street line shall be considered a front lot line.
LOT LINE, REAR
The lot line which is generally opposite the front lot line. If the rear lot line is less than 10 feet in length, or if the lot comes to a point at the rear, the rear lot line shall be deemed to be a line parallel to the front line, not less than 10 feet long, lying wholly within the lot and farthest from the front lot line.
LOT LINES
The property lines bounding a lot.
LOT LINE, SIDE
The property line or lines extending from the front lot line to the rear lot line.
LOT OF RECORD
Any lot which has been established as such by plat, survey or deed prior to the date of adoption of the ordinance from which this chapter is derived and as shown on the records of the County Clerk.
LOT SIZE
The total area within the property lines, excluding any portion lying within the boundaries of a public street or future street right-of-way.
LOT WIDTH
The mean horizontal distance between the side lot lines, measured at right angles to the lot depth.
MANUFACTURED HOME
A factory-manufactured dwelling unit built on or after June 15, 1976, and conforming to the requirements of the Department of Housing and Urban Development (HUD), Manufactured Home Construction and Safety Standards, 24 CFR Part 3208, 4-1-1993, transportable in one or more sections, which in traveling mode, is eight feet or more in width or 40 feet or more in length, or when erected on site, is 320 square feet minimum, constructed 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, cooling, and electrical systems therein. The term "manufactured home" shall not include any self-propelled recreational vehicle. Manufactured homes shall also include single-wide manufactured homes as a part of this definition.
MANUFACTURED HOME, DOUBLE-WIDE
A manufactured home consisting of two sections, combined at the site, with a combined width of no less than 20 feet, while still retaining their individual chassis for possible future movement and complying with the federal requirements specified in the "manufactured home" definition. This definition does not include modular homes.
MANUFACTURED HOME COMMUNITY
Any lot, piece, or parcel of ground whereon more than two mobile/manufactured homes are placed, or are designed for such placement, and whether a charge is or is not made for such use (may also be referred to as a "mobile home park").
MANUFACTURING
Any factory, shop, yard warehouse, mill or other nonresidential premises utilized in whole or in part for the processing, preparation, production, containerizing, storage or distribution of goods, wares, commodities, parts, materials, electricity and the like. The processing, preparation and production activities customarily deal with man-made or raw materials and other manufactured items which are altered, restored or improved by the utilization of biological, chemical or physical actions, tools, instruments, machines or other such similar natural, scientific or technological means. "Manufacturing" shall not include the handling of any waste products and materials. Manufacturing processes and treatments include but are not limited to such operations as mixing, crushing, cutting, grinding and polishing; casting, molding and stamping; alloying and refining; assaying, cleaning, coating and printing; and assembling and finishing.
MARQUEE
Any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building generally designed and constructed to provide protection from the weather.
MASSAGE ESTABLISHMENT
A site or premises or portion thereof upon which any person who is an employee manipulates the superficial tissues of the body of another person with any portion of the hand, foot, leg, arm or elbow, but not including the following: licensed massage therapists, licensed health care facilities, licensed physicians, chiropractors, physical therapists or nurses engaged in the practice of their professions or educational athletic facilities, if the massage is a normal and usual practice in such facilities.
MEDICAL OFFICE
Includes medical, dental and clinical outpatient offices for the diagnosis and treatment of human ailments.
MIXED USE
A development or redevelopment that allows for more dense development in a single building or on a single lot and includes a mixture of uses including, but not limited to, two or more of the following: residential, commercial and industrial.
MOBILE HOME
A factory-manufactured dwelling unit built prior to June 15, 1976, with or without a label certifying compliance with NFPA, ANSI, or a specific state standard, transportable in one or more sections, which in the traveling mode, is eight feet or more in width or 40 feet or more in length, or when erected on site, is 320 square feet minimum, constructed 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, HVAC, and electrical systems therein. The term "mobile home" shall not include travel trailers or any self-propelled recreational vehicle.
MOBILE HOME PARK
A parcel of land which has been planned and improved for the placement of mobile or manufactured homes for nontransient use or a group of individually owned lots that were developed as a single development project.
MOBILE HOME PARK UNIT
The lot or space in any manufactured home community or mobile home park which shall be assigned to, or used and occupied by any one mobile/manufactured home.
MOBILE HOME SUBDIVISION
A parcel of land under single ownership in which a single lot or lots are developed and eventually sold by the landowner to persons for the placement of a mobile home.
MODULAR HOME
A factory-manufactured dwelling unit, conforming to applicable provisions of the NYS Uniform Code and bearing insignia of approval issued by the State Fire Prevention and Code Council, which is constructed by a method or system of construction whereby the structure or its components are wholly or in substantial part manufactured in a manufacturing facility, intended or designed for permanent installation, or assembly and permanent installation.
MONOPOLE
A single, self-supporting pole-type structure, tapering from base to top and supporting a fixture designed to hold one or more antennas.
MOTEL
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 may be provided within the building or in an accessory building. (See also "lodging.")
MOTOR VEHICLE
Any device in, upon or by which any person or property is or may be transported upon a public street or highway except such as are operated exclusively by human power.
MOTOR VEHICLE PARKING LOT
An open parking facility which is not accessory to a building or use on the same or another lot.
MOTOR VEHICLE REPAIR SHOP OR GARAGE
Any building or structure used for repair and servicing of motor vehicles for profit or as part of a commercial operation.
MUNICIPAL USES
Administrative, clerical, or public offices or buildings of a government agency (local, county, state, or federal), including postal facilities, together with incidental storage or accessory uses/buildings.
NONCONFORMING BULK
Any building, land or part thereof, existing at the effective date of this chapter, which does not meet the bulk requirements for the use and for the district in which it is located.
NONCONFORMING STRUCTURE
A building or structure that does not conform to the regulations of the district in which it is located upon the effective date of this chapter.
NONCONFORMING USE
An established use of a building or structure or of land existing at the effective date of this chapter which does not conform to the use requirements of the district in which it is located.
NONRESIDENTIAL LAND USE
All uses of land and buildings except one-family dwellings, two-family dwellings and multiple-family dwellings.
NUDE MODEL STUDIO
Any place in which the primary purpose is to allow a person who appears in a state of nudity or who displays specified anatomical areas to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration. Nude model studios shall be distinguished from model studios where nude modeling is an incidental function.
NURSERY
An enterprise that conducts the retail and/or wholesale sale of plants that may have been grown on the premises, as well as prepackaged accessory items (but not power equipment, such as gas or electric lawn mowers and farm implements) directly related to their care and maintenance.
NURSING HOME or SKILLED LIVING FACILITY
A residential facility established for profit or nonprofit, which provides nursing care and related medical services on a twenty-four-hours-per-day basis to individuals due to illness, disease or physical or mental infirmity. This does not include hospitals, clinics, or facilities providing surgical or emergency medical services, drug addiction, alcoholism, or mental health services.
NYS UNIFORM CODE(S)
The New York State Uniform Fire Prevention and Building Code, which shall include all subunits (Residential Code, Building Code, Plumbing Code, Mechanical Code, Fuel Gas Code, Fire Code, Energy Code, and Property Maintenance Code) as currently in effect and as hereafter amended from time to time. The Uniform Code shall also be referred to as the "NYS Uniform Code."
OFFICE
Firms or organizations providing professional, executive, management, or administrative services, such as those listed in the "professional services" definition.
OFFICIAL MAP
The map adopted by the Town or Village Boards, showing the streets, highways and parks laid out and additions resulting from the approval of subdivision plats by the Planning Board and the subsequent filing of such plats.
OPEN SPACE
That portion of a lot which is open, unobstructed and unoccupied from the ground upward and includes permeable walkways not used by vehicles, landscaping, uncovered patios, and uncovered recreation facilities.
OUTDOOR STORAGE
The storage of items, merchandise, materials, or vehicles outside of an enclosed structure for more than four consecutive days that are not being displayed for sale.
OWNER
An individual, firm, association, organization, partnership, trust, corporation, or company holding title to the property.
PARAPET WALL
That portion of a building wall that rises above the level of the roof.
PARKING AREA
An off-street area containing one or more parking spaces, with passageways and driveways appurtenant thereto.
PARKING FACILITY
Includes all required off-street parking spaces, loading areas, stacking spaces, aisles, driveways and landscaping as required in this chapter.
PARKING SPACE
An off-street space used for the temporary location of one licensed motor vehicle, not including access driveway, having direct access to a street or alley.
PARKING, VALET
Parking services provided by a business for patrons of the facility, whereby automobiles are driven to and from the parking facility by an employee of the business.
PAVING
Ground surface covered with cobblestones, clay-fired bricks, concrete precast paver units (including, but not limited to) poured concrete with or without decorative surface materials, blacktop, or other asphaltic or rubber mixture which may include sand or gravel as an ingredient and which creates a hard surface. A graded natural surface or one covered with rolled stone or overlaid with loose gravel is not considered a paved surface.
PERFORMANCE BOND
A bond, letter of credit, cash or securities posted by the developer and accepted by the Board of Trustees, to guarantee that the developer will construct, or cause to be constructed, within one year all required improvements set by the Planning Board as conditions under site plan approval.
PERIMETER STRIP
Land not less than 10 feet in width located adjacent to a street, side, and rear lot lines designed for visual separation between uses or activities, excluding required driveways. Landscaping of the strip may include trees, shrubs, lawn, or planted ground cover that must be permanently maintained to present an attractive, well-kept appearance. Landscaped areas shall not be surfaced in part or whole with concrete, asphalt, or other surface material, but shall contain earth, and may contain organic mulch, inorganic fillers such as wood shavings, bark, volcanic rock or other similar mulch material.
PERMIT DEPARTMENT
The Permit Department of the Town or Villages.
PERSONAL SERVICE ESTABLISHMENTS
Places primarily providing services oriented to personal needs, such as barber and beauty shops, shoe repair shops, household appliance repair shops, dry cleaning and laundry pickups, shoe shine parlors, and other similar establishments. Retail sales shall be allowed as incidental uses in personal service establishments.
PLANNING BOARD
The officially designated Planning Board for the Town or Villages, as established by the Board of Trustees or the Town Board in accordance with New York State Town and Village Law.
PLANNING DEPARTMENT
The Planning Department of the Town of Union or the designated department within the Villages of Endicott and Johnson City.
PLANNING DIRECTOR
The duly designated Planning Director of the Town or Villages.
PRINCIPAL BUILDING/USE
The primary use of the building or land requiring the greater setback, larger area or greater yard shall be deemed the principal building/use.
PROCESSING FACILITY
A building or an enclosed space used for the collection and processing of materials. "Processing" means the preparation of material for efficient shipment, or to an end-user's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing.
PROFESSIONAL ENGINEER
A registered professional engineer (PE) authorized to practice engineering as defined by New York State laws.
PROFESSIONAL SERVICES
Individuals or organizations that provide specialized services, including, but not limited to, medical practitioners, attorneys, architects, engineers, photographers, brokers, and other similar services. This classification excludes hospitals, banks, and savings and loan associations.
PROPERTY LINE
A line bounding a lot. Also known as a "lot line."
PUBLIC ASSEMBLY USE
Includes auditorium, theater, public hall, school hall, meeting hall, church, temple and synagogue.
PUBLICLY OWNED BUILDING/LOT
A building or lot used and/or owned by a government agency, school district or fire company.
PUBLIC UTILITIES
A building or lot used in connection with the transmission or distribution of water, sewage, gas, electricity, telephone or other public services.
PUBLIC UTILITY BUILDING AND FACILITY
A building or lot used for or in connection with the transmission, distribution or regulation of water, sewage, gas, electricity, telephone, cable television, telecommunications or other public utility service by a municipal corporation or by a corporation subject to regulation by a state and/or federal regulatory agency. It does not include the administrative offices of the utility.
PUBLIC WALKWAY
A passage or path designated for pedestrian activity or walking.
QUARRY, SAND PIT, GRAVEL PIT or TOPSOIL STRIPPING
A lot of land or part thereof used for the purpose of extracting stone, sand, gravel or other minerals, or topsoil for sale, as an individual 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 in conformance with the NYS Uniform Code.
RECREATION AND ENTERTAINMENT VENUE, OUTDOOR
Predominately spectator uses conducted in the open or in tents. Typical uses include sports fields, golf driving ranges, miniature golf course, art shows, food shows, craft fairs, concerts, car shows and religious revivals. This definition shall exclude automobile, motorized cart and motorcycle tracks. Accessory uses, including user supplies, food service and sales, service and storage of recreation equipment and accessories, are permitted.
[Added 4-2-2014 by L.L. No. 2-2014]
RECREATION, INDOOR
Includes a bowling alley, theater, pool hall, skating rink, gymnasium, health spa, video machine arcade, swimming pool and similar places of indoor commercial recreation, both public and private, as well as accessory uses, including user supplies, food service and sales, service and storage of recreation equipment and accessories.
RECREATION, OUTDOOR
Includes a privately or publicly owned marina, golf course and clubhouse, trap, skeet and archery ranges, swimming pool, skating rink, park, beach, tennis court, racquetball court, camping area, picnic area and similar places of outdoor recreation, as well as accessory uses, including user supplies, food service and sales, service and storage of recreation equipment and accessories.
RECREATION VEHICLE
A trailer or self-propelled motor vehicle structure without permanent foundation, which can be towed, hauled or driven, and is primarily designed as temporary living accommodation for recreation, camping and travel use and including, but not limited to, travel trailers, truck campers, camping trailers and self-propelled motor homes.
RECYCLING CENTERS
Facilities used for the receiving, temporary storage, or transfer of materials for recycling or reuse. Junkyards are excluded from this definition. Recycling centers may also include ancillary sales of recycled materials.
RELATED BY ADOPTION
Persons who are parent/grandparent and child/grandchild to each other and persons who are brother and sister to each other and persons who are aunt or uncle or niece or nephew to each other by reasons of a legal adoption.
RELATED BY BLOOD
Persons who are parent and/or grandparent and child and/or grandchild to each other; persons who are brother or sister to each other, including brother or sister of the half blood; persons who are aunt or uncle and niece or nephew to each other.
RELATED BY MARRIAGE
Persons who are husband and wife to each other; persons who are mother- or father-in-law and son- or daughter-in-law to each other; persons who are brother- or sister-in-law to each other; persons who are stepparent and stepchild to each other.
RELIGIOUS INSTITUTION
Includes church, temple, synagogue, mosque, parish house, convent, seminary and retreat house.
RESEARCH, DEVELOPMENT, EXPERIMENTAL OR TESTING LABORATORY
A building or groups of buildings in which are located facilities for scientific research, investigation, materials testing, or experimentation, but not facilities for the manufacture or sale of products.
RESIDENTIAL USE
Includes one-family dwelling, two-family dwelling, and multiple-family dwellings.
RESTAURANT
An establishment for the sale and on-premises consumption of food and beverages, including alcoholic beverages.
RESTAURANT, FAST-FOOD
A business for the quick counter service of food in a packaged form where the patron has the option to consume the packaged food on or off the premises.
RETAIL OR PERSONAL SERVICE STORES AND SHOPS
An establishment for the sale of goods, articles or consumer services individually or in small quantities directly to the consumer. Retail store or service shall not be interpreted to include the following: drive-up service, gasoline station, motor vehicle repair service, new or used car sales and service, and trailer or mobile home sales and service.
REZONING PETITION
A formal request to the Board of Trustees or Town Board to have the Zoning Map amended.
RIGHT-OF-WAY
The boundary of a road, street, highway, or expressway owned and maintained by any federal, state, or local municipal entity.
RINGELMANN CHART
One which is described in the United States Bureau of Mines Information Circular 6888 and on which are illustrated graduated shades of gray for use in estimating the light-obscuring capacity of smoke.
RINGELMANN NUMBER
The number of the Ringelmann Chart that coincides most nearly with the visual density of smoke emission.
ROOM, HABITABLE
In any dwelling unit, the rooms used for bedrooms, living room, dining room and kitchen.
ROOMING HOUSE
Any dwelling or that part of any dwelling containing one or more rooming units, in which space is let by the owner or operator to more than three persons who are not related by blood, marriage or adoption to each other or the owner or operator.
ROOFLINE
In the case of a flat roof, the uppermost line of the roof of a building; in the case of a pitched roof, the lower edge of the eave; or in the case of an extended facade or parapet, the uppermost height of said facade or parapet, provided that the facade or parapet extends around the entire perimeter of the building at the same elevation.
SAWMILL
A facility where logs, partially processed cants, or bark are sawn, split, shaved, stripped, chipped, ground or otherwise processed to produce wood products, not including the processing of timber for use on the same lot by the owner or resident of that lot.
SCHOOL
Parochial, nursery, private and public school, college, university and accessory uses operated under the Education Law of the State of New York and governed by the New York State Department of Education and shall exclude commercially operated schools of beauty, culture, business, dancing, driving, music and similar establishments which are not so governed.
SELF-SERVICE STORAGE FACILITY
A building or group of buildings divided into separate units or compartments used to meet the temporary storage needs of businesses and residential users. A warehouse operated for a specific commercial or industrial establishment shall not be considered a self-service storage facility.
SEQRA
New York State Environmental Quality Review Act.
SERVICE AREA
Includes those parts of any lot which are used primarily to provide access for servicing the use on the lot, including land used for delivery of goods, storage, and collection of wastes and provisions for maintenance.
SERVICE STATION (GAS)
Any building or land that is used for the sale of motor fuel, oil, and motor vehicle accessories and which may or may not include facilities for minor repairs of motor vehicles or an accessory food store. Includes facilities not selling gasoline but specializing in oil and other automobile fluid changes.
SETBACK
The least required horizontal distance between property line, and any structure on the lot measured at the shortest point, including terraces, porches, or any covered projection thereof, but excluding steps.
SETBACK, REAR
The setback to the rear lot line.
SETBACK, SIDE
The setback to any property line other than a street or rear lot line.
SETBACK, STREET OR FRONT
The setback to the street or front lot line. On corner lots, both yards bordering the street shall be considered as street setbacks. Such street setback shall be measured from the public right-of-way. Alleys shall be considered streets for this requirement, except as noted within this chapter.
[Amended 3-7-2012 by L.L. No. 2-2012]
SEXUAL CONDUCT
Includes the following:
A. 
The fondling or other touching of human genitals, pubic region, buttocks or female breasts.
B. 
Ultimate sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation and sodomy.
C. 
Masturbation.
SEXUALLY ORIENTED MATERIAL
General term used herein to refer to any matter, material, device or performance, whether or not otherwise specifically enumerated herein, which depicts, describes or relates to any sexual conduct or to a specified anatomical area.
SEXUALLY ORIENTED NOVELTY STORE
Any establishment having as a substantial or significant portion of its profit or stock-in-trade, the selling, leasing, trading or renting thereof, for any form of consideration whatsoever, instruments, devices and/or paraphernalia, which depict, describe or relate to any sexual conduct or to a specified anatomical area.
SHOPPING CENTER
A group of three or more stores, shops or similar businesses offering a variety of goods and services, occupying adjoining structures, whether attached or detached, having a common interrelated parking, loading and site circulation system with consolidated access to public roads. Also known as "malls," "retail centers," and "plazas."
SIGN
Any material, structure or device, or part thereof, composed of lettered or pictorial matter which is located out-of-doors, or on the exterior of any building, or indoors as a window sign, displaying an advertisement, announcement, notice or name, and shall include any declaration, demonstration, display, representation, illustration or insignia used to advertise or promote the interests of any persons or business or cause when such is placed in view of the general public.
A. 
FRAME SIGN— A portable sign with two or more steeply angled sides; also known as a "sandwich board" sign.
B. 
AWNING or CANOPY SIGNAny visual message incorporated into an awning, canopy or other fabric, plastic or structural protective cover over a door, entrance, window or outdoor service area.
C. 
COPY-CHANGE SIGNA sign on which the visual message may be periodically changed.
D. 
DIGITAL MESSAGE SIGNSigns whose alphabetic, pictographic, or symbolic informational content can be changed or altered on a fixed display screen composed of illuminated segments. A sign that only displays time and/or temperature shall not be considered a digital message board/center.
E. 
DIRECTIONAL SIGNAn on-site sign that is designed and erected solely for the purposes of directing vehicular and/or pedestrian traffic within a project or site.
F. 
FREESTANDING SIGNAny sign not attached or part of any building but separate and permanently affixed by any other means, in or upon the ground. Included are pole signs, pylon signs and masonry wall-type signs.
G. 
ILLUMINATED SIGNAny sign illuminated by electricity, gas or other artificial light, either from the interior or exterior of the sign, and which includes reflective and phosphorescent light.
H. 
OFF-PREMISES SIGNA sign unrelated to a business or a profession conducted, or to a commodity or service sold or offered, upon the premises where such sign is located.
I. 
PORTABLE SIGNA sign, whether on its own trailer, wheels or otherwise, designed to be movable and not structurally attached to the ground, a building, a structure or another sign.
J. 
PROJECTING SIGNA sign which is attached to the building wall or structure and which extends horizontally more than 15 inches from the plane of such wall, or a sign which is perpendicular to the face of such wall or structure.
K. 
REPRESENTATIVE SIGNA three-dimensional sign built so as to physically represent the object advertised.
L. 
SANDWICH BOARD SIGNA portable sign with two or more steeply angled sides; also known as an "A-frame sign."
M. 
TEMPORARY SIGNA sign related to a single activity or event having a limited timeframe as specified in Part 5, Article 52, of this chapter.
N. 
WALL SIGNA sign which is painted on or attached to the outside wall of a building with the face of the sign in the plane parallel to such wall and not extending more than 15 inches from the face of such wall.
O. 
WINDOW SIGNA sign visible from a sidewalk, street or other public place, painted or affixed on glass or other window material, or located inside within four feet of the window, but not including graphics in connection with customary window display of products.
P. 
ANIMATED SIGNAny sign which is designated and constructed to give its message through movement or change of lighting including but not limited to blinking or flashing lights or a sequence of progressive changes of parts or lights or degrees of lighting, excluding time and temperature signs.
[Added 5-15-2019 by L.L. No. 6-2019]
Q. 
ROOF SIGNA structure or device fastened or attached to the roof of a building and used as a sign.
[Added 5-15-2019 by L.L. No. 6-2019]
R. 
INTERACTIVE SIGNAn electronic or animated sign that reacts to the behavior or electronic signals of motor vehicle drivers.
[Added 5-15-2019 by L.L. No. 6-2019]
SIGN AREA
The entire area within a single, continuous perimeter enclosing all elements which form an integral part of the sign. The structure supporting a sign shall be excluded unless the structure is designed in a way to form an integral background for the display. If the sign consists of more than one section, all areas will be totaled.
SIGN DIRECTORY
A listing of two or more business enterprises, consisting of a matrix and sign components.
SIGN STRUCTURE
The supports, uprights, bracing and framework for the sign. In the case of a sign structure consisting of two or more sides where the angle formed between any two of the sides or the projections thereof exceeds 30°, each side shall be considered a separate sign structure.
SITE PLAN
A plan of a lot or subdivision on which is shown topography, location of all buildings, structures, roads, rights-of-way, boundaries, all essential dimensions and bearings and any other information deemed necessary by the Code Enforcement Officer or the Planning Board.
SITE PLAN REVIEW
Authority delegated to the Planning Board by the Board of Trustees or Town Board which enables the Planning Board to approve, approve with conditions or disapprove the site development plans for all buildings or uses where site plan review is required.
SOLAR ACCESS
The orientation of streets and lots to the sun so as to permit individual properties to use passive and/or active solar energy resources.
SOLAR ENERGY EQUIPMENT
Includes flat plate, concentrating and tracking collectors, dissipators, roof ponds and updated appurtenances.
SOLAR ENERGY SYSTEM
An arrangement or combination of components and structures designed to provide heating, cooling, hot water or electricity through the process of collecting, converting, storing, protecting against unnecessary dissipation and distributing solar energy.
SOLAR ENERGY SYSTEM, ACTIVE
A solar energy system designed to provide heating, cooling, hot water or electricity that requires external mechanical devices for operation.
SOLAR ENERGY SYSTEM, PASSIVE
A solar energy system which relies upon the design and elements of a building to enhance the use of natural forces, including solar radiation and nighttime coolness, to provide heating, cooling or hot water and which is not primarily dependent upon mechanical devices for operation.
SOLAR SKY SPACE
The space between a solar collector and the sun which must be free of obstructions for a solar energy system's effective operation.
SPECIAL PERMIT
A document approved by the Planning Board that allows a specifically designed use that would not be appropriate generally or without restrictions throughout the zoning district but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. See Article 66.
SPECIFIED ANATOMICAL AREAS
Includes less than completely and opaquely covered:
A. 
Human genitals or pubic region.
B. 
The cleavage of the human buttocks.
C. 
That portion of the human female breast encompassed within an area falling below the horizontal line one would have to draw to intersect a point immediately above the top of the areola (the colored ring around the nipple). This definition shall include the entire lower portion of the breast but shall not be interpreted to include any portion of the cleavage of the breast exhibited by a dress, blouse, shirt, leotard, bathing suit or other wearing apparel, provided that the areola is not so exposed.
D. 
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
STABLE
A building in which horses are kept for public or private use, remuneration, hire or sale.
STACKING SPACE
A temporary space, eight feet by 18 feet, to be used by motorists while waiting to use drive-in units, car washes, gas pumps or other similar uses.
STORY
Part of a building which is between one floor level and the next higher floor level or, if there is no floor above it, then the ceiling above it.
STREET
A public or private way which affords the principal means of access to abutting properties.
STREET CENTER LINE
A line midway between and parallel to two street frontage property lines.
STREET FRONTAGE
The lot lines which abut a public street or right-of-way of a planned street.
STREET GRADE
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.
STREET LINE
The right-of-way line of a street as dedicated by a deed or record. Where the width of the street is not established, the street line shall be considered to be 25 feet from the center of the street.
STRUCTURE
A combination of materials to form a construction for use, occupancy or ornamentation, including but not limited to buildings, mobile homes, towers, flagpoles, swing sets, antennas, satellite dishes, or gas or liquid storage tanks, that are principally above ground.
SWIMMING POOL
Any constructed body of water or structure to contain water and any accessory equipment pertaining thereto, designed to be used or intended to be used for swimming or bathing by any family or persons residing on the premises and their guests. Portable wading pools, two feet or more deep, shall be considered "swimming pools."
TELECOMMUNICATIONS FACILITIES
Towers and/or antennas and nonhabitable accessory structures used in connection with the provision of cellular telephone service, personal communication services, digital and/or data communication services, paging services, radio and television broadcast services and similar broadcast services (also referred to as "facilities" or "equipment"). Examples of such structures include utility or transmission equipment storage sheds or cabinets.
TERMINAL FACILITIES
A facility which is used for the transfer of goods or materials from one form of transportation to another (e.g., from a tractor-trailer to a home delivery truck). Such transfer of goods or materials is typically done within an enclosed structure.
THEATER
A building or part of a building devoted to the performing arts or the viewing of motion pictures.
THEATER, DRIVE-IN
Open land with its appurtenant facilities devoted primarily to the showing of moving pictures or theatrical productions to patrons seated in automobiles or on outdoor seats.
TOWER
A structure designed to support antennas. It includes, but is not limited to, freestanding towers, guyed towers, monopoles and similar structures.
TOWN BOARD
The elected legislative body, Town of Union, New York.
TOWN CLERK
The Town Clerk of the Town of Union.
TOWN CODE
The local laws, ordinances, rules, certain resolutions, and regulations of the Town of Union that are collectively known as the "Code of the Town of Union," and hereafter referred to as the "Town Code."
TOWNHOME
One of a series of single-family dwellings connected by common party walls and forming a continuous group of homes.
TOWN PUBLIC WORKS DEPARTMENT
The Public Works Department of the Town of Union as described in the Code of the Town of Union.
TRACTOR
A motor vehicle designed and used as the power unit in combination with a semitrailer or trailer, or two such trailers in tandem. Any such motor vehicle shall not carry cargo except that a tractor and semitrailer engaged in the transportation of automobiles may transport motor vehicles on part of the power unit. (Ref: New York State Vehicle and Traffic Law § 151a.)
TRAILER
Any vehicle not propelled by its own power drawn on the public highways by a motor vehicle as defined in this section, except motor vehicle side cars, vehicles being towed by a nonrigid support and vehicles designed and primarily used for other purposes and only occasionally drawn by such a motor vehicle.
TREE CUTTING
The removal, felling or destruction of 50% or more of a tree, but does not include trimming branches for tree maintenance purposes.
TREE REMOVAL
The destruction of any tree by cutting, girdling, interfering with the water supply, applying chemicals, or regrading around the base of the trunk.
ULTIMATE RIGHT-OF-WAY (UROW)
The ultimate right-of-way as set forth in the Town of Union Official Map. The ultimate right-of-way incorporates the area for future street widening, sidewalks and future street construction. The land may or may not be in public ownership.
UNTREATED LUMBER
Dry wood which has been milled and dried but which has not been treated or combined with any petroleum product, chemical, preservative, glue, adhesive, stain, paint, or other substance.
USE
The specific purpose for which land, a building or a structure is designed, intended, arranged, used or maintained.
USE, CHANGE OF
Any change in the type or nature of occupancy of a building or land, except the following:
A. 
A change in the volume of use without any physical extension of sales and/or service area.
B. 
An expansion or substitution of accessory or incidental uses in connection with the established principal use, except that in no case shall such an accessory or incidental use dominate in area or purpose the principal lawful use.
C. 
A change in ownership.
D. 
A change to a generically similar use.
USE, PERMITTED
Any use specifically allowed in the district, excluding illegal uses and nonconforming uses.
VARIANCE, AREA
The authorization of the Zoning Board of Appeals for the use of land which is not allowed by the dimensional or physical requirements set forth in this chapter. Procedures and criteria for use variances are found in Article 67.
VARIANCE, USE
The authorization of the Zoning Board of Appeals for the use of land for a purpose which is otherwise not allowed or prohibited by this chapter. Procedures and criteria for use variances are found in Article 67.
VIDEO MACHINE ARCADE
An amusement center having coin-operated video machines for entertainment. A video machine arcade is an indoor recreation facility.
VIEWSHED
An area within range of vision in any direction from a particular site or location.
VILLAGE BOARD OF TRUSTEES
The elected legislative body, Village of Endicott or Johnson City.
VILLAGE CLERK
The Village Clerk of the Village of Endicott or Johnson City.
VILLAGE CODE
The local laws, ordinances, rules, certain resolutions, and regulations of the Villages that are collectively known as the "Code of the Village of Endicott" or the "Code of the Village of Johnson City," and hereafter referred to as the "Village Code."
VILLAGE PUBLIC WORKS DEPARTMENT
The Public Works Department of the Village of Endicott or Johnson City as described in the Village Code.
WAREHOUSE
A building, typically enclosed, designed or used for the storage of commodities; includes warehouse, wholesale establishment, discount house, bulk storage and bulk sales outlet.
WETLANDS
Areas designated as freshwater wetlands by the New York State Department of Environmental Conservation or the Army Corps of Engineers, as prescribed by law and subject to Chapter 125, Freshwater Wetlands, of the Code of the Town of Union.
WHOLESALE BUSINESS
A business that deals with the buying or selling or arranging for sale of goods or commodities, usually in bulk, for purchasers other than individual customers, to include offices, freight distribution centers, large storage facilities and the use of delivery trucks in the routine operation of the business.
WILDLIFE REFUGE
Includes bird sanctuary, zoo, forest reserve, game reserve and botanical garden.
YARD
An open space on the same lot with a building, unoccupied and unobstructed from the ground upward except as otherwise provided herein.
YARD, FRONT
A yard between the front lot line and the front line of a building extended to the side lot lines of the lot. The depth of the front yard shall be measured between the front line of the building and the street line.
YARD, REAR
A yard between the rear lot line and rear line of a building extended to the side lot lines of the lot. The depth of the rear yard shall be measured between the rear lot line and the rear line of the building.
YARD, SIDE
The area between the side building line and the related side lot line and between the front yard and the rear yard.
ZONING BOARD OF APPEALS
The officially established Zoning Board of Appeals of the Town and Villages with the duties and responsibilities identified in Part 6 of this chapter; also referred to as the "Zoning Board" or "Board of Appeals."