Town of Thompson, NY Terminology

A sleeping quarter which:

Has a sleeping capacity of fewer than 25 occupants per room, with a total combined sleeping room floor area of 1,200 square feet or less for each sleeping room;

Is one story;

(c)

Is used and occupied only between May 1 and October 31;

(d)

Has no cooking facilities, no heating systems, and no solid fuel heating or burning systems;

(e)

Has only sleeping rooms (including the necessary area for storing occupant belongings) and bathrooms;

(f)

Has no interior corridors or separate common area rooms;

(g)

Has at least two exits per sleeping room which are remote from each other and which discharge directly to the building's exterior;

(h)

Has exit doors that open in the direction of, and are nonlocking against, egress; and

(i)

Has smoke alarms in each sleeping room that are interconnected such that the activation of one alarm will activate all of the alarms in the cabin.

CABIN, HUNTING OR FISHING

In sleeping quarters housing more than four persons, 40 square feet of floor area per occupant shall be provided, when single beds are provided. When double-deck bunk beds are provided, 30 square feet of floor area shall be provided for each occupant. Floor area includes space within the occupied structure to accommodate: the bed, storage for personal belongings, aisles and exit ways, and associated assembly space. Space for toilets, lavatories and showers shall not be used to calculate a sleeping quarter's floor space.

A structure designed for seasonal occupancy.

CAGE-TYPE POULTRY HOUSE

A structure for the housing of poultry in elevated meshwork pens in which all the processes related to the raising of poultry are accomplished without the removal of the birds from such enclosures.

CAMP, DAY

One or more buildings and structures that may include a cafeteria and recreational facilities together with the lot or tract of land appertaining thereto, established or maintained for temporary, summer seasonal occupancy during the period or part of the period from May 1 to October 31 in any year for the daytime supervision of children. The principal use shall be for the daily occupancy of children between the ages of four and 18. Day camps do not provide overnight accommodations. A day camp shall not include temporary or permanent shelters, buildings, or structures designed for use or occupancy by family members of the children who are attending the summer camp, or employees who work there. No building or structure within the day camp shall have a kitchen facility, with the exception of the communal kitchen/dining room, the owner's dwelling, and the caretaker's dwelling.

[Amended 1-21-2020 by L.L. No. 3-2020]

CAMPER or TRAILER

A vehicle designed for temporary living purposes which does not exceed 32 feet in length and is not provided with water and sewer connection suitable for year-round use.

CAMPGROUND

An area of land prepared to be used for two or more temporary residences, including motor vehicles, trailers, tents, boats or sleeping bags.

CAMP, SLEEP-AWAY

A site for recreation or instruction on a seasonal basis within the approximate time period of May 1 to October 31 offering access to recreational or educational facilities, which includes any or all of the following features: buildings or structures that are designed for warm weather, seasonal use, including cabins, bunkhouses, cafeterias, gymnasiums, community centers, administration buildings, and similar structures designed for use by camp attendees; ballfields, basketball courts, tennis courts, running tracks, swimming pools, horseback riding facilities, hiking or riding trails and similar recreational and/or educational facilities. The occupants of a summer camp shall be limited to the owner and his/her immediate family, the caretaker and his/her immediate family, and staff. A slee -away camp shall not include temporary or permanent shelters, buildings, or structures designed for use or occupancy by family members of the children who are attending the summer camp, or families of staff who work there except for the up to five maximum dwellings allowed for essential staff. No building or structure within the sleep-away camp shall have a kitchen facility, with the exception of the communal kitchen/dining room, the owner's dwelling, the caretaker's dwelling, and up to a maximum of five additional essential staff dwellings.

[Added 1-21-2020 by L.L. No. 3-2020]

CAR WASH

An establishment for the washing and detailing of motor vehicles as a principal use.

[Added 1-21-2020 by L.L. No. 2-2020]

CELLAR

A story partially underground and having 1/2 or more of its clear height below the finished grade. A cellar shall not be considered in determining the permissible number of stories in a building.

CERTIFICATE OF OCCUPANCY

An official document issued by the officers and employees of the Building Department of the Town which reflects that the premises therein named and identified complied, to the best of the officer's or employee's knowledge, to the provisions of the Town's Zoning Law and Building Code, and such certificate of occupancy shall list thereon the use of the premises for which said certificate is issued. Any further modifications, be they structural or use, after the issuance of the initial certificate of occupancy, shall require, subject to the provisions of this Part 1, a further certificate of occupancy.

CHANGEABLE-COPY SIGN

A sign on which the message copy can be changed through use of attachable letters and numerals or by electronic switching of lamps or illuminated tubes.

CHURCH

Any structure used for worship, including administrative rooms accessory thereto.

CLUB

An organization catering exclusively to members and their guests, including premises and buildings for social, recreational, service or athletic purposes which are not conducted primarily for gain, provided that there are no vending stands, merchandising or commercial activities except as required generally for the membership and purpose of such club.

CLUBHOUSE or LODGE

A building or land area used by a membership organization for social or recreational purposes.

CLUSTER DEVELOPMENT

A tract of land designed for a single type of residential use and providing common space from lands gained by reducing lot sizes below the minimum provided by this Part 1. Said open space shall be integrated throughout the development and made available for the use of the residents thereon.

COLLEGE

An educational institution authorized by the state to award associate, baccalaureate, or higher degrees. See "school."

[Added 1-21-2020 by L.L. No. 2-2020]

COMMON OPEN SPACE AREA

One or more areas of land or water within a cluster development or planned unit development designed or intended for the use and enjoyment of the residents therein. Such areas may contain complementary structures and improvements for active or passive recreational pursuits as are necessary and appropriate for the benefit and enjoyment of the residents of the development.

CONDOMINIUM

The individual ownership in fee simple of a dwelling unit in a group of residential structures coupled with ownership if an undivided interest in the land and all other parts of the structure held in common with all other owners of such dwellings.

COURT

An unobstructed open area bounded on three or more sides by the walls of a building or buildings.

COURT, INNER

A court which is closed on all four sides, thereby not extending to a street, driveway, parking lot or required yard.

COURT, OUTER

A court which is open on one side, thereby extending to a street, driveway, parking lot or required yard.[1]

DAY-CARE CENTER

A facility licensed by the New York State Department of Social Services pursuant to § 390 of the Social Services Law. A day-care center program provides for more than three hours and less than 24 hours per day of care away from the child's home by an individual, association, corporation, institution or agency for seven or more children. A day-care center shall not include any of the following: a day-camp; an after-school program operated for the primary purpose of religious education; or a facility operated by a public school district.

DENSITY

The number of dwelling units per acre of the site, exclusive of underwater lands, wetlands, rights-of-way or easements.

DIRECTLY ILLUMINATED SIGN

Any sign constructed to provide light either through exposed lighting on the sign face or through transparent or translucent material from a light source within the sign.

DIRECTORY SIGN

A sign that lists the names of two or more establishments, persons or agencies which exist on a premises and is located in a place or location common to all; it may consist of several components.

DISSEMINATION

The transfer of possession, custody, control or ownership of or the exhibition or presentation of any performance to a customer, member of the public or business invitee of any material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

DISTRIBUTION CENTER

An area and building where trucks load and unload cargo and freight, and where the cargo and freight may be transferred to other vehicles or modes of transportation. Storage facilities such as warehouses, incidental to the principal use, may also be part of a distribution center.

[Added 1-21-2020 by L.L. No. 2-2020]

DOMESTIC ANIMALS

As herein defined shall be limited to dogs, cats and rabbits.

DORMITORY

An accessory building, or part of a building to a school, containing private or semi-private units which open to a common hallway, which units are sleeping quarters for administrative staff, faculty, or students, along with bathroom, dining, cooking, laundry, lounge and recreation facilities, as required. Dormitory units shall not contain separate cooking, dining or housekeeping facilities, except that one dwelling unit with complete housekeeping facilities may be provided for use of a superintendent or supervising staff for every 50 dormitory units, or major part thereof. Single-family, two-family and/or other multiple residential facilities, other than that described above, are not to be considered as dormitories. Private units may be occupied by no more than one person and semiprivate units by no more than four persons. A dormitory unit shall provide a minimum of 50 square feet per occupant.

[Added 1-21-2020 by L.L. No. 3-2020]

DUMP

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

DUPLEX

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

DWELLING

A building designed or used as the living quarters for one or more families. The term "dwelling" shall include seasonal homes and mobile homes, provided that they meet all of the requirements of this Part 1, the New York State Building Code and all other regulations, ordinances or local laws applicable to dwellings.

DWELLING, ATTACHED

A series of attached one-family dwelling units, each unit located on its own individual lot.

DWELLING, MULTIPLE

A building or portion thereof containing more than two dwelling units, either attached homes or apartments.

DWELLING, ONE-FAMILY

A detached building containing one unit only.

DWELLING, TWO-FAMILY

A detached building containing two dwelling units only.

DWELLING UNIT

A building or entirely self-contained portion thereof containing housekeeping facilities for only one family, including any domestic servants employed on the premises, and having no enclosed space (other than vestibules, entrance or other hallways or porches) or cooking or sanitary facilities in common with any other dwelling unit. A boardinghouse, dormitory, hotel, inn, nursing or other similar structure shall not be deemed to constitute a dwelling unit.

EATING AND DRINKING ESTABLISHMENT

Any establishment whose principal business is the sale of foods and/or beverages to the customer in a ready-to-consume state.

ENGINEER

A professional engineer licensed to practice in the State of New York.

FAMILY

One or more persons living together in a single dwelling unit as a traditional family or the functional equivalent of a traditional family. It shall be a rebuttable presumption that five or more persons living together in a single dwelling unit, who are not related by blood, adoption, or marriage, do not constitute the functional equivalent of a traditional family. In determining the functional equivalent of a traditional family, the following criteria shall be present:

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

The group shares the entire dwelling unit.

The group lives and cooks together as a single housekeeping unit.

(3)

The group shares expenses for food, rent, utilities or other household expenses.

(4)

The group is permanent and stable, and not transient or temporary in nature.

(5)

Any other factor reasonably related to whether the group is the functional equivalent of a family.

(6)

A roomer, boarder or lodger shall not be considered a member of the family.

FARM ANIMAL

Any creature kept for the production of feed, wool, skins, or fur or for the purpose of its use in the farming of land or the carrying on of any agricultural activity.

[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

FLASHING SIGN

An illuminated sign on which artificial or reflected light is not maintained stationary and constant in intensity and color at all times when in use.

FLEX SPACE

A building providing its occupants the flexibility of utilizing the space, such as a configuration allowing a changeable amount of office or showroom space in combination with manufacturing, laboratory, warehouse distribution, etc.

[Added 6-2-2015 by L.L. No. 2-2015]

FLOOD or FLOODING

A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of streams, rivers or other inland areas of water, or abnormally high-rising lake waters resulting from severe storms or hurricanes.

FLOODPLAIN, 100-YEAR

A riverine or lacustrine fringe area subject to flooding with a frequency of up to one occurrence in 100 years, as defined on a map prepared by the Federal Emergency Management Agency on February 18, 2011.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

FLOODPROOFING

Any combination of structural and nonstructural additions, changes or adjustments to properties and structures, which reduce or eliminate flood damage to lands, water and sanitary facilities, structures and contents of buildings.

FLOODWAY

The channel of a river or other watercourse and the adjacent land areas required to carry and discharge a flood of any given magnitude.

FLOOR AREA

The sum of the gross horizontal area of every floor of a building, measured from the exterior faces of the exterior walls, or from the center line of party walls separating the two units, including:

Basement space.

Attic space, whether or not a floor has been laid, in which there is a structural headroom of 7 1/2 feet or more.

However, floor area does not include:

A cellar space (except that cellar space within a commercial or industrial building shall be included for the purpose of calculating the required off-street loading berth).

Terraces, unroofed open porches and steps.

(c)

Partially or fully enclosed off-street parking and loading berths.

FLOOR AREA, LIVABLE

See "floor area."

FLOOR AREA RATIO

The quotient of the total floor area of a building divided by its lot area.

FORESTRY

The operation of timber tracts, tree farms, forest nurseries, the gathering of forest products, or the performing of forest services.

[Added 1-21-2020 by L.L. No. 2-2020]

FOWL

Includes, but is not limited to, domesticated birds, such as chickens, ducks, geese, turkeys and pheasants.

FUNERAL HOME

A 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.

[Added 1-21-2020 by L.L. No. 2-2020]

GARAGE, PARKING

A building or structure where people can leave their motor vehicles.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

GARAGE, PRIVATE

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

GARAGE, PUBLIC

Any garage other than a private garage, available to the public, operated for gain, and which is used for storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles.

GARDEN HOUSE

A greenhouse.

GASOLINE FILLING STATION

Any area of land, including structures thereon, that is used or designed to be used for the supply of gasoline, oil and other fuel for the propulsion or motor vehicles. A gasoline filling station may contain a convenience retail store as an accessory use.

[Amended 1-21-2020 by L.L. No. 2-2020]

GASOLINE SERVICE STATION

Any use of land, including any building or structure thereon, that is used for the supply of gasoline, oil and other fuel for propulsion of motor vehicles, including polishing, greasing, washing, servicing or repairing of motor vehicles, but excluding bodywork or painting.

GREENHOUSE

A building or structure whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of fragile or out-of-season plants for subsequent sale or for personal enjoyment.

[Added 1-21-2020 by L.L. No. 2-2020]

GROSS LIVABLE AREA (GLA)

INDIRECTLY ILLUMINATED SIGN

The sum of the horizontal area of every floor of a building designed for tenant occupancy and exclusive use, measured from the exterior faces of the exterior walls and from the center line of party walls separating the two units, including:

Basement space.

Mezzanine space.

Upper floor area.

However, gross leasable area does not include public or common areas, such as public toilets, corridors, stairwells, elevators, machine and equipment rooms, lobbies or mall areas, whether open or closed.

GROUP HOUSING

Housing designed for occupancy by groups of unrelated persons, such as rooming houses, boardinghouses, dormitories, fraternity houses, sorority houses, migrant labor houses, convents and monasteries.

HABITABLE LOOP AREA

The sum of the cross horizontal area of the floor or floors of a dwelling unit as measured from the interior walls of all rooms. Floor space shared in common with other dwelling units or used for storage purposes or in the operation or maintenance of the building shall not be included in computing floor area.

HEIGHT

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

HOME OCCUPATION

Any gainful occupation conducted within a dwelling exclusively by the residents thereof, clearly secondary to the use of the dwelling for living purposes and that does not change the character of the structure as a residence or the surrounding neighborhood. Said activity shall not occupy more than 40% of the ground floor area of the dwelling, if so used, and shall not involve more than two nonresidential employees. Permissible home occupations include, but are not limited to, the following: art studio, dressmaking, office of a clergyman, lawyer, architect, engineer, chiropractor or accountant, with usage limited to two clients at any time; teaching, with musical, dancing or other instruction limited to one pupil at a time. However, home occupations shall not be construed to include uses such as the following: clinic or hospital, offices of a medical doctor or dentist (with the exception of a chiropractor), barbershop or beauty parlor, real estate office, restaurant, animal hospital or animal kennel.

[Amended 4-17-2012 by L.L. No. 4-2012; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

HOSPITAL

An institution providing health services, primarily for inpatients, and medical or surgical care of the sick or injured, including as an integral part of the institution such related facilities and staff offices.

HOTEL

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

ILLUMINATED SIGN

A sign lighted by electricity, gas or other artificial light, either from the interior or exterior of the sign.

INCOME

A family's total gross income from all sources, plus 10% of all assets, excluding personal property.

Any sign which is lighted from a light source that is separate from the sign face or cabinet and is directed so as to shine on the sign.

INDUSTRIAL ESTABLISHMENT

See "manufacturing establishment."

INSTITUTION

A nonprofit corporation, or nonprofit establishment for public use.

JUNKYARD

An area of land, including buildings thereon, which is primarily for the collecting, storage and sale of wastepaper, rags, scrap metal or discarded material, or for the collecting, dismantling, storage or salvaging of machinery or vehicles not in running condition and for the sale of parts there. Two or more motor vehicles stored outside without current, valid registration for a period of 60 days shall constitute a junkyard, except a licensed motor vehicle dealer may have more than two vehicles so long as not more than two of such vehicles are inoperable.

KENNEL

See "animal kennel."

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

LABORATORY

A building or part of a building devoted to the testing and analysis of any products or biological samples. No manufacturing is conducted on the premises, except for experimental or testing purposes.

[Amended 1-21-2020 by L.L. No. 2-2020]

LIBRARY

A place containing books, newspapers, periodicals, and/or audio-visual materials for reading, viewing, study, and research.

[Added 1-21-2020 by L.L. No. 2-2020]

LIGHT MANUFACTURING

Manufacturing activity where all processing, fabricating, assembly, or disassembly of items takes places wholly within an enclosed building, utilizing materials that are in refined form and that do not in their transformation create smoke, gas, odor, dust, noise, vibration of earth, soot or lighting to a degree that is offensive when measured at the property line of subject property. Typical items for processing, fabricating, assembly, or disassembly under this use include but are not limited to apparel, food, fashion accessories and jewelry, household items and decor, instruments, consumer electronics, medical equipment, and pharmaceutical and cosmetic products.

[Added 6-2-2015 by L.L. No. 2-2015]

LIVESTOCK

Animals, including but not limited to domestic animals, such as sheep, horses, cattle and goats.

LOADING SPACE

An exterior off-street space available for the loading or unloading of goods and having direct usable access to a street.

LOCAL LAW

The Zoning Local Law of the Town of Thompson, New York, including all amendments to said Zoning Local law and all local laws amending said Zoning Local Law.

LODGING HOUSE

A building, other than a hotel or motel, where lodging is provided, without meals, for compensation.

LOT

A portion or parcel of land considered as a unit, devoted to a certain use or uses or occupied by a building or group of buildings that are united by a common interest or use, and the customary accessories and open space belonging to the same.

LOT AREA

The total area of a lot as computed from a survey by a licensed surveyor or as calculated by multiplying the average distance between side lot lines measured along the street line and the rear lot line, by the average distance between the street line and the rear lot line measured along the side lot lines.

LOT, CORNER

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

LOT COVERAGE

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

LOT DEPTH

The minimum distance from the street line of a lot to the rear lot line of such lot.

LOT LINE

Any boundary of a lot other than a street line.

LOT LINE, FRONT

The lot line coinciding with the right-of-way or street line of a public or private road providing access to the lot.

LOT LINE, REAR

The lot line generally opposite the street line.

LOT LINE, SIDE

Any lot line that is not a front lot line or a rear lot line.

LOT WIDTH

The distance between side lot lines measured at the required minimum yard depth or at a point of the principal structure closest to the front lot line measured along a line parallel to a line connecting the end points of the front lot line.

MANUFACTURING

Any process whereby the nature, size or shape of articles or raw materials are changed, or where articles are assembled or packaged in quantity.

MANUFACTURING ESTABLISHMENT

Any establishment which utilizes a process whereby the nature, size or shape of articles or raw materials is changed, or where articles or raw materials are assembled or packaged in quantity.

MINI-WAREHOUSE

A public facility for the storage of household and business belongings in separate, individual, secure compartments or rooms.

MIXED-USE DEVELOPMENT

A mixed-use development (MUD) is a unified project, with a minimum gross lot area of 10 acres, and is permitted as a special use in the East Broadway Gateway District (EBG), and is designed in accordance with the special permit design standards of § 250-60G and the subdivision standards of Chapter 255. The developed portion of a MUD consists of a mix of residential uses including one-family and two-family dwellings and compatible commercial, office and service uses. Any nonresidential use permitted in the EBV and EBG Districts, which is scaled to serve the day-to-day needs of the MUD residents as well as the larger community, may be included in a MUD. It is designed to encourage walking, reduce automobile trips, and prevent commercial strip development. A MUD permits flexibility of design and layout to protect environmental resources and create attractive places for people to work, live, and congregate. A minimum of 30% and a maximum of 45% of the total floor area of all buildings in any MUD shall be devoted to nonresidential uses.

[Added 1-21-2020 by L.L. No. 2-2020]

MOBILE HOME

Manufactured homes built prior to June 15, 1976.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

MOBILE HOME COURT

An area of land under single ownership which has been planned and improved for the placement of two or more mobile homes for nontransient dwelling purposes.

MOBILE HOME, DOUBLE-WIDE

A factory-built one-family dwelling constructed on a chassis to facilitate its transportation to the site. Such structures shall be at least 20 feet wide and 50 feet long, shall have roofs of asphalt composition with a minimum pitch three vertical to 12 horizontal and shall meet the Mobile Home Construction and Safety Standards of the United States Department of Housing and Urban Development and applicable standards of the New York State Uniform Fire Prevention and Building Code. A double-wide mobile home shall not be construed to be a modular home, a travel trailer or a recreational vehicle.

MOBILE HOME SALES LOT

Any area of land upon which mobile homes are placed for purposes of sale or display.

MODERATE-INCOME FAMILY

A family whose aggregate gross income from all sources, including income of all family members at the time of application, but excluding the earnings of working minors (under 21 years of age) who attend school full time, does not exceed the currently applicable maximum income for the family size.

MODULAR HOME

A factory-built dwelling without a chassis or running gear constructed and installed in accordance with the regulations of the New York State Building Code.

MOTEL

Any establishment consisting of a building or group of buildings providing living or sleeping accommodations with individual bathrooms, and designed for use by transient automobile travelers.

MOTOR VEHICLE, JUNKED

Any motor vehicle no longer in condition for legal use on the public highways.

MOTOR VEHICLE JUNKYARD

An area of land, with or without buildings, used for or occupied by a deposit, collection or storage outside a completely enclosed building of used or discarded motor vehicles, or parts thereof; with or without the dismantling, wrecking, salvage, sale or other use or the disposition of the same. A deposit or storage on a lot, vacant or improved, of more than one motor vehicle, which is unlicensed and not in condition for legal use on public highways, for a period of more than two weeks in any district shall constitute a motor vehicle junkyard.

MOTOR VEHICLE RENTAL/LEASING ESTABLISHMENT

An establishment engaged in the short-term rental or long-term leasing of passenger cars, vans or trucks without drivers.

MOTOR VEHICLE REPAIR GARAGE

A building used for the servicing and repair of motor vehicles, including bodywork; such repair work shall be wholly within a completely enclosed building.

MOTOR VEHICLE SALES ESTABLISHMENT

A premises, including open area and showrooms enclosed within a building used for the display or sale of new or used motor vehicles, provided that such establishment is a franchised dealer or a factory-owned dealership.

MOTOR VEHICLE SERVICE STATION

A building or lot or part thereof where refueling and related services, including washing or motor vehicles, are offered for gain, but not including the storing, holding or display of the same for sale, resale, lease or retail except as to the holding of a vehicle for not more than 60 days for insurance appraisal purposes covering property damage claims, and except as to the holding of a vehicle for the required period to perfect or protect a garageman's lien pursuant to statute.

MULTIPLE TENANT OCCUPANCIES

A building or structure in which separate, independently owned or rented and operated occupancies are contained.

MUSEUM

A building in which objects of historical, scientific, artistic, or cultural interest are stored and exhibited.

[Added 1-21-2020 by L.L. No. 2-2020]

NET FLOOR AREA

All occupiable area within the perimeter walls of each space, excluding common area, floor openings, stairs, elevator shafts, flues, pipe shafts, vertical ducts, columns, balconies, mechanical spaces, outdoor sales areas, cooking spaces, incinerating area, janitorial closets, electrical closets, washrooms, exiting and service corridors, storage, offices and such areas not available for the sale of merchandise or service. "Net floor area" shall include outdoor sales and permanent kiosk areas.

NONCONFORMING BUILDING OR USE

A building or use that does not conform to the regulations prescribed for the district in which it is situated.

NONCONFORMING BULK

The part of the building, structure or nonbuilding use which does not conform to one or more of the applicable bulk regulations of this chapter.

NURSERY

The growing, cultivation, storage and sale of garden plants, flowers, trees, shrubs and fertilizers, as well as the sale of garden tools and similar accessory and ancillary products, to the general public.

[Added 1-21-2020 by L.L. No. 2-2020]

NURSERY SCHOOL

An instructional facility for preschool children, usually between ages three and five, providing care for less than three hours a day. Schools may hold two sessions daily.

NURSING HOME

A home for the aged, where chronically ill or incurable persons are received, kept or provided with food, shelter and care for compensation, but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.

OFFICE, BUSINESS

A building wherein business sales, service and professional activities are conducted, which activities may include but are not limited to administrative and executive functions, but shall exclude any retail stores, manufacturing and processing. Offices for medical and dental clinics are permitted subject to adherence to the minimum provisions applicable to said use as provided by this chapter.

OFF-SITE SIGN

A sign which directs attention to a business, commodity, service, entertainment or attraction sold, offered or existing elsewhere than upon the same lot where such sign is displayed, provided that an off-site sign may also display a noncommercial message.

OFF-STREET PARKING AREA OR SPACE

An area of a lot separated from a street and available for the parking of one or more motor vehicles, having direct access to a street or alley. Each parking space shall provide at least two feet of clearance on all sides of any vehicle to be parked.

ON-SITE SIGN

A sign which directs attention to a business, commodity, service or entertainment or attraction sold, offered or existing on the same lot where such sign is displayed, provided that an on-site sign may also display a noncommercial message.

OUTDOOR SALES

The sale of merchandise or food conducted outside of a building, on either a temporary or a permanent basis, but excluding garage sales when conducted by the occupant of a residential property no more than two days per year and the sale of farm or garden produce, when conducted as an accessory use as provided in Article IV of this Part 1.

PAINTED WALL DECORATIONS

Displays painted directly on a wall and designed and intended as a decorative or ornamental feature and providing no advertising of any kind.

PAINTED WALL HIGHLIGHTS

Painted areas which highlight a building's architectural or structural features.

PARKING SPACE

An off-street space available for the parking of one licensed motor vehicle on a transient basis and having direct usable access to a street.

PERSON

Any individual, firm, company, association, society, corporation or group.

PERSONAL SERVICE SHOP

An establishment which provides work done or duties performed for humans, such as a barbershop, beauty parlor, tailor shop, dressmaker shop, shoe repair shop, etc.

PET

Any domestic animal that is kept or treated with affection and may properly and safely be permitted within a dwelling unit.

PHILANTHROPIC INSTITUTION

An institution which is charitable, benevolent, generous and humane; one that is interested in the general human welfare, especially through gifts to charities and endowments for human advancement.

PLANNED BUSINESS PARK

A tract of land that may provide for more than one type of commercial use, which is designed to be developed and maintained, through covenants and restrictions that run with the land, as a unit in order to provide for quiet, clean, well-maintained professional, administrative, research and design uses.

PLANNED UNIT DEVELOPMENT

A tract of land which may provide more than one type of residential land use and ancillary or commercial use and designed to be maintained and operated as a unit, in single ownership or control, and sharing certain facilities in common, such as open space, yards, off-street parking and recreation facilities.

PLANNING BOARD

The Planning Board of the Town of Thompson.

PORTABLE SIGN

A sign not permanently affixed to the ground, a building or other structure, which may be moved from place to place.

POULTRY

Includes, but is not limited to, domesticated fowls, such as chickens, ducks, geese, turkeys, pigeons, guinea hens and pheasants, raised in confinement. Poultry shall not include rarities.

PUBLIC RECREATIONAL FACILITY

A protected area in public ownership that is set aside for recreation and enjoyment. It may or may not have developed recreational facilities such as playgrounds, tennis courts, baseball fields, picnic areas and/or bath facilities. Public recreational facilities shall not include commercial recreation facilities.

[Added 1-21-2020 by L.L. No. 2-2020]

PUBLIC SEWER

Sewage disposal systems accepted by the Town Board as meeting the standards required for municipal operations and operated by the Town of Thompson. A district must be formed and accepted by the Town Board.

PUBLIC UTILITY

A business or service which is of public consequence and need, such as electricity, gas, water or telephone service.

PUBLIC WATER

Water supply systems accepted by the Town Board as meeting the standards required for municipal operations by the Town of Thompson. A district must be formed and accepted by the Town Board.

QUARRY or QUARRYING OPERATIONS

Any place where stone, sand, gravel, minerals or other natural material, except topsoil, is removed for the purpose of sale or any other commercial purpose other than such as may be incidental to excavating or regrading in connection with or in anticipation of building or landscaping on a lot.

REAL ESTATE SIGN

A sign pertaining to the sale, lease or rent of the premises or a portion of the premises on which the sign is located.

RECREATION, COMMERCIAL

Facilities or equipment, exclusive of government facilities, for purposes of participant or spectator recreation or entertainment and utilized by the public for a fee. Examples include, but are not limited to, arcades, cinemas, theaters, amusement parks, bowling alleys, billiard parlors, pool rooms, dance halls, ice/roller rinks, golf courses, driving ranges, miniature golf courses, and tennis/racquetball courts.

[Added 1-21-2020 by L.L. No. 2-2020]

RECREATIONAL VEHICLE

A vehicular-type transportable structure, without a permanent foundation, which can be towed, hauled or driven and is designed primarily to be a temporary living accommodation for recreational, camping and travel use, including but not limited to a travel trailer, truck camper, camping trailer and self-propelled motor home.

RELIGIOUS INSTITUTION

See "church."

RESEARCH FACILITY

A facility which conducts studies and investigations in a particular field of knowledge, which is undertaken to establish facts or principles.

RESIDENCE

A building or part thereof which contains one or more dwelling units for permanent occupancy, but not including a boardinghouse, motel, hotel or summer colony.

RETAIL STORE

A use devoted exclusively to the retail sale of commodities directly to consumers.

ROOM, HABITABLE

A living room (as specified in § 4 of the New York State Multiple Dwelling Law) within a dwelling unit, except that, for the purpose of determining lot area, requirements for a habitable room shall not include any of the following:

Kitchen.

Foyers, bathrooms, toilets, public or private halls, corridors or passageways.

(c)

Dining alcoves, dinettes or other dining spaces (without limit as to size) when not separated by walls or doors from other habitable rooms, or cooking spaces.

As a guide, an efficiency apartment contains one habitable room, a one-bedroom apartment contains two habitable rooms; a two-bedroom apartment contains three habitable rooms; and a three-bedroom apartment contains four habitable rooms.

SALVAGE YARD

The collection, storage, dumping, disassembling, dismantling, salvaging, sorting or otherwise handling or arranging for sale, resale, storage or disposal of any secondhand or used property of whatever material it may be composed, whether of wood, paper, cloth, cardboard, plastic, metal, stone or concrete.

SANITARIUM

An institution for the recuperation and treatment of persons suffering from physical or mental disorders.

SCHOOL

Any public or private school under the jurisdiction of the Commissioner of Education of the State of New York; any parochial school operated and maintained by any religious corporation authorized to perform its corporate functions in the State of New York; or any school chartered by the Board of Regents of the University of the State of New York.

[Amended 1-21-2020 by L.L. No. 3-2020]

SCREENING

The blocking, shielding or concealment of views, vistas and noise through a proper and well-designed scheme of planting trees, shrubs, hedges or vines, or the installation of a fence approved by the Planning Board.

SERVICE SHOP

An establishment which provides work done or duties performed for others, such as maintenance, installation, repairs, etc., that are provided by a dealer. See also "personal service shop."

SEXUAL ACTIVITIES

For purpose of defining "adult establishment," sexual activities include, but are not limited to, depictions of human genitals in the state of sexual stimulation or arousal or actual or simulated acts of human sexual activities, such as sexual intercourse or sodomy or fondling or other erotic touching of human genitals, pubic regions, buttocks, anus or female breasts.

SEXUAL ANATOMICAL AREAS

For purpose of defining "adult establishment," sexual anatomical areas are less than completely and opaquely concealed human genitals or pubic regions, human buttocks, anus or female breasts below a point immediately above the top of the areola or human male genitals in a discernibly turgid state, even if completely and opaquely concealed.

SHOPPING CENTER

A group of commercial establishments planned, constructed and managed as a total entity, consisting of four or more separate commercial establishments or 25,000 square feet or more of floor area, with customer and employee parking provided on site, regardless of whether said establishments occupy separate structures.

SIGN

Any letter, word, model, banner, pennant, insignia, device or representation used as or which is in the nature of an advertisement, attraction or directive when located out of doors or on the exterior of any building.

SIGN AREA

Includes all faces of a sign measured as follows:

When such sign is on a plate or framed or outlined, all of the area of such plate or the area enclosed by Such frame or outline shall be included;

SPECIFIED ANATOMICAL AREAS

When such sign consists of only letters, designs or figures engraved, painted or projected or in any manner affixed on a wall, the total area of such sign shall be deemed the area within which all of the matter of which such sign consists is inscribed.

SIGN COVERAGE RATIO

The quotient of the first floor area of a building divided by its lot area.

SIGN, DIRECTIONAL

Any sign which is designed solely for the purpose of traffic or pedestrian direction and is placed on the property to which or on which the public is directed and which contains no advertising copy.

SIGN STRUCTURE

Any structure which supports or is capable of supporting any sign. A sign structure may be a single pole and may or may not be an integral part of the building.

Less than completely and opaquely covered human genitals, pubic region or female breast below a point immediately above the top of the areola.

SPECIFIED SEXUAL ACTIVITIES

Human male genitals in a discernibly turgid state even if completely and opaquely covered.

Human genitals in a state of sexual stimulation or arousal.

Acts of human masturbation, sexual intercourse or sodomy.

(3)

Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

STORAGE

The holding or safekeeping of goods in a warehouse or other depository to await the happening of some future event or contingency which will call for the removal of the goods.

STORY

That part of any building, exclusive of cellars but inclusive of basements, comprised between the level of the next higher finished floor, or, if there is no higher finished floor, then that part of the building comprised between the level of the highest finished floor and the top of the roof beams.

STREET

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

STREET LINE

The dividing line between a lot and the right-of-way of a street or, where no right-of-way has been established, the dividing line between a lot and a street.

STRIPPING OF LAND

The excavation, to any depth and for any purpose, of any area of over 1,000 square feet, not including trenches for installation or maintenance of public utilities.

STRUCTURE

A combination of materials forming a construction that is safe and stable, including, among other things, stadiums, platforms, radio towers, sheds, storage bins, billboards and display signs.

SUBSTANTIAL CONNECTION

In a sole proprietorship, an individual who owns, operates, controls or conducts, directly or indirectly, any premises, building or location upon which any adult use takes place.