Town of Stillwater, NY Article II Terminology

§ 210-7 Definitions.

A. Words not defined by this chapter shall have their customary meanings.

B. As used in this chapter, unless the context otherwise requires, the following terms shall have the meanings indicated:

ABANDONMENT

An intent to abandon or to relinquish and some overt act, or some failure to act, which carries the implication that the owner neither claims nor retains any interest in the building or use that is the subject matter of the abandonment. A nonconforming use that is abandoned for more than 12 months shall be required to conform to the requirements of this chapter.

ACCESSORY STRUCTURE

A building subordinate and clearly incidental to the principal building on the same lot and used for a purpose customarily incidental to those of the principal building.

ACCESSORY USE

A use customarily incidental and subordinate to the principal use and located on the same lot with the principal use. In no case shall the accessory use dominate, in area, extent or purpose, the principal use or structure.

ADULT-USE ESTABLISHMENT

(1) Any establishment, business enterprise or adult-entertainment establishment having, as part of its operations, depiction or presentation of "specified sexual activities" or "specified anatomical areas" (as defined below) for observation by patrons therein.

(a) Specified sexual activities:

[1] Human genitals in a state of sexual stimulation or arousal.

[2] Acts of human masturbation, sexual intercourse or sodomy.

[3] Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast.

(b) Specified anatomical areas:

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

[2] Human male genitals in a discernibly turgid state, whether or not covered.

(2) A substantial or significant portion of its stock-in-trade shall be determined to exist if either more than 20% of its gross sales receipts comprise items described in Subsection A(1) or (2) hereof or more than 20% of the net square footage of the establishment is dedicated to the display or advertising of items described in Subsection A(1) or (2) hereof.

AGRICULTURAL PROCESSING

Any processing plant, feed storage supply facility, farm machinery or equipment sales and service facility, storage and processing facility for fruits, vegetables, milk, meat, eggs and/or other agricultural products or a similar use directly and customarily related to the supply and service of an agricultural use. This definition shall not include the on-farm processing of agricultural products produced on that farm.

AGRICULTURAL SALES AND SERVICE

A use primarily engaged in the sale or rental of farm tools and implements, feed, grain, tack, animal care products and farm supplies. This definition includes the sale of large implements, such as tractors and combines, and farm machinery, as well as repair services that are accessory to the principal use.

[Added 11-17-2011 by L.L. No. 5-2011]

AGRICULTURAL TOURISM

Agricultural-related tours, events and activities, as well as nonagricultural-related activities used to attract people and promote the sales of farm produce and agricultural products. These tours, events and activities include, but are not limited to, pick-your-own, petting zoos, school tours, outdoor trails, corn mazes, hayrides, pony rides, group picnics, on- and off-site food catering services, musical events, craft shows, outdoor recreation. To be a permitted use, the farm must be actively producing agricultural products for sale.

[Added 7-27-2017 by L.L. No. 2-2017]

AGRICULTURAL USE

Any management of any land for agriculture, including but not limited to the raising and keeping of cows, horses, pigs, poultry and/or other livestock; truck gardens; horticulture, including greenhouses; and orchards; including the sale of products grown or raised directly on such land and including the construction, alteration or maintenance of fences, agricultural roads, agricultural drainage systems and farm ponds. This definition shall also include the on-farm processing of agricultural products produced on that farm.

AGRICULTURAL USE STRUCTURE

Any building or structure directly and customarily associated with agricultural use, such as a barn or shed.

AGRICULTURE-RELATED PRODUCTS

Items sold at a farmers' market or produce stand to attract customers and promote the sale of agricultural products. Such items include, but are not limited to, all agricultural and horticultural products, animal feed, baked goods, ice cream, beverages, clothing and other items promoting agriculture or the farm or entities operating the farmers' market or produce stand.

[Added 7-27-2017 by L.L. No. 2-2017]

ALTERATION

As applied to a building or structure, a change or rearrangement in the structural parts or in the existing facilities, including an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another, so as to be attached to a building and having a common wall with the building it is attached to.

AMENDMENT

A change in the text or the map of any portion of this chapter.

AMUSEMENT CENTER

An indoor or outdoor facility, which may include structures and buildings, where there are devices for entertainment, including rides and booths for the conduct of games and buildings for shows and entertainment.[1]

AREA REGULATIONS

The regulation of building or lot size, setbacks or yards, frontage, parking and loading requirements and similar regulations, but not including performance or environmental regulations.

ARTICULATION

The elements in the massing of a building, which establish character and visual interest.

[Added 7-27-2017 by L.L. No. 2-2017]

ASPHALT PLANT

A facility where oil products, stone and/or sand are assembled to produce asphalt, which is then consumed or used at another location.

ASSEMBLY USE

A facility where products or articles are assembled for consumption or use at another location.[2]

AUTOMOTIVE SALES AND SERVICE

Any area of land, including the structures thereon, that is used for the retail sale of motor vehicles and accessories and which may or may not include auto repair shop and/or auto body shop services.

BASEMENT

That space of a building that is partly below grade which has more than half of its height, measured from floor to ceiling, below the average established curb level or finished grade of the ground adjoining the building. This definition includes the term "cellar."

BAY WINDOW

A window that projects outward from a structure that does not rest on the foundation or on the ground.

[Added 7-27-2017 by L.L. No. 2-2017]

BED-AND-BREAKFAST

A bed-and-breakfast facility is not a hotel or motel but rather a use having a resident host in a single-family dwelling in which accommodations and a morning meal are provided for up to 10 transient lodgers, with a maximum stay of one week, and having no more than five guest bedrooms. Such use shall be secondary to the occupancy of the building by the family.

BELT COURSE

A design element aligned horizontally along a building wall, typically a continuous row or layer of stones, tiles, bricks, shingles, or similar materials; also called a string course or band course.

[Added 7-27-2017 by L.L. No. 2-2017]

BILLBOARD SIGN

A sign that exceeds three times the maximum allowed sign area and that advertises a business, commodity, service or entertainment at a location other than the premises on which the sign is located.

BLOCK

All contiguous lots, passages, and alleys, bounded by thoroughfares, railroad rights-of-way, water bodies, or public parks.

[Added 7-27-2017 by L.L. No. 2-2017]

BLUE ROOF

A nonvegetated roof design that is intended to slow rainfall or snowmelt, typically to manage stormwater or store and reuse water.

[Added 7-27-2017 by L.L. No. 2-2017]

BOATHOUSE

A structure which has direct access to a navigable body of water and is used for the storage of vessels and associated equipment and does not have a bathroom or kitchen facilities and is not designed or used for lodging or residency.

BOAT STORAGE, SALES AND REPAIR

A use in which boats or marine craft are stored, sold or repaired for commercial gain.

BOND or LETTER OF CREDIT

A written agreement issued by a qualified agent or banking organization which guarantees the performance of a certain agreed-upon activity by requiring the payment of an equivalent consideration if the activity is not completed as required.

BUFFER ZONE

A strip of land covered with sufficient permanent planting to provide a continuous physical screen in order to mitigate the conflicts between two or more different land uses. No parking or storage of vehicles or materials of any kind is allowed within a buffer zone.

BUILDING

Any structure which is permanently affixed to the land and is covered by a roof supported by columns or by walls and intended for shelter, housing or enclosure of persons, animals or chattel.

BUILDING HEIGHT

The height of structure measured in stories. Building height is the vertical distance of a structure measured from the top of the parapet for a flat roof; the peak of a gambrel or mansard roof; or the midpoint between the eave and ridge of a pitched roof. The following are exceptions and do not count toward the maximum story height requirements:

[Amended 7-27-2017 by L.L. No. 2-2017]

(1) A half story such as an attic.

(2) Cupolas, domes, bell towers, spires, steeples, and ornamental towers, provided that they are not intended for occupancy.

(3) Chimneys and fire escapes.

(4) Elevators and stairways.

(5) Antennas, satellite dishes, solar panels.

(6) Barns and silos associated with agricultural use.

BUILDING LINE

The line of the exterior face of a building facing a lot line. The face shall include bay windows, covered porches, whether or not enclosed, and any projections, excepting, however, open steps that provide access to the ground floor or basement of a building and eaves, which may project 18 inches into the required setback. (See "setback.")

BUILDING, PRINCIPAL

A building in which the principal use of the lot on which it is located is conducted.[3]

BUILD-TO-LINE

A line extending through the lot, which is generally parallel to the frontage line intended to create an even building facade line along a street.

[Added 7-27-2017 by L.L. No. 2-2017]

BULK FUEL STORAGE

An establishment in which fuel is stored prior to transfer in trucks, trains or by pipeline for wholesale or retail distribution.

BUSINESS USES

Each of the uses listed under the title "Commercial Uses" in the Town of Stillwater Summary of Allowed Uses contained in 210 Attachment 1:3 to the Zoning Code dated Aug 1, 2012, as amended.

[Added 7-17-2014 by L.L. No. 2-2014]

CALIPER

The diameter of a tree trunk as measured six inches above the root collar, which is at the base of the tree where the tree's roots join the trunk.

[Added 7-27-2017 by L.L. No. 2-2017]

CAMPGROUND

An area designated for transient occupancy by camping in tents, camp-trailers, motor homes, truck-cap campers or pickup campers or similar facilities designed for temporary shelter. An individual may not occupy a campground for more than 180 days in any calendar year.

CANOPY

A roofed structure.

[Added 7-27-2017 by L.L. No. 2-2017]

CAR WASH

A service business where motor vehicles are cleaned and in which accessory products may be sold.

[Amended 11-17-2011 by L.L. No. 5-2011]

CEMETERY

A burial place or ground operated and maintained by a religious organization, private entity or a government agency, which may include a crematorium and aboveground burial vaults. A cemetery is a semipublic use.

CENTRAL PRIVATE UTILITY

A sewage or water system which serves a development project and which is paid for by nonpublic funds and without special district taxation.

CHAMFERED CORNER

A building corner which is cut back to a diagonal in order to create a location for the door of a commercial establishment.

[Added 7-27-2017 by L.L. No. 2-2017]

CISTERN

A large-scale storage tank designed to catch runoff from a roof.

[Added 7-27-2017 by L.L. No. 2-2017]

CIVIC

The term defining not-for-profit organizations dedicated to arts, religion, culture, education, recreation, government, and transit.

[Added 7-27-2017 by L.L. No. 2-2017]

CLEAR-CUTTING

The cutting of more than 50% of trees over six inches in diameter four feet above ground level over a substantial area of the cutting.

CLEARANCE

The minimum vertical clearance from the lowest point of the sidewalk or grade.

[Added 7-27-2017 by L.L. No. 2-2017]

CLUB

A building and/or related facilities owned or operated by a corporation, association, or group of individuals established for the fraternal, social, education, recreational, or cultural enrichment of its members and not primarily for profit and whose members typically pay dues and/or meet certain prescribed qualifications for membership.

[Added 7-27-2017 by L.L. No. 2-2017]

CLUSTER DEVELOPMENT

A planned development in which the lots are plotted with less than the minimum lot size and dimensional requirements but which have access to common open space which is a part of the overall development plan.

CODE ENFORCEMENT OFFICER

The individual responsible for overseeing and coordinating the administration of this chapter and Chapter 176, Subdivision of Land.

COMMERCIAL

The term collectively defining workplace, office, retail, and lodging functions.

[Added 7-27-2017 by L.L. No. 2-2017]

COMMERCIAL RIDING STABLE

An establishment where horses are kept for riding, driving or stabling, for compensation.

COMMON FACILITIES

Complementary structures and/or improvements located on a common open space appropriate for the benefit and enjoyment of the space by the public or members of the controlling association or condominium.

COMMON OPEN SPACE

A parcel or parcels of land or an area of water, or a combination of land and water, designated and intended for the private or public use or enjoyment of the space, and which may include such appurtenant structures that are necessary to enhance the enjoyment of the space.

COMMON YARD

A planted private frontage, visually continuous with adjacent yards, wherein the facade is set back from the frontage line.

[Added 7-27-2017 by L.L. No. 2-2017]

COMPREHENSIVE PLAN

The adopted Comprehensive Plan of the Town of Stillwater.

CONDOMINIUM DEVELOPMENT

A project of individual single-family dwelling units, which may consist of one, a part of one or more than one structure, wherein the dwelling units are individually owned, each owner holding a title thereto, while retaining, together with all the other owners of units in the project, an undivided interest in the common facilities and areas of the buildings and grounds, which are used by all the residents, through an offering prospectus. All condominium developments shall be reviewed as a subdivision.

CONDOMINIUM UNIT

An individual single-family dwelling unit, or a commercial or industrial unit, within a condominium development.

CONSERVATION SUBDIVISION

An alternative to a conventional subdivision that incorporates an approach to land conservation and development planning and design that emphasizes the protection of important natural and cultural resources as a way to preserve these resources to the maximum extent practicable as land becomes developed.

[Added 7-27-2017 by L.L. No. 2-2017]

CONSTRAINED LAND

The total area of a parcel or lot that contains one or more of the following:

[Added 7-27-2017 by L.L. No. 2-2017]

(1) Slopes in excess of 20%;

(2) Lakes, ponds, and wetlands. These shall include field delineation and survey of both New York State Department of Environmental Conservation freshwater wetlands and their associated one-hundred-foot adjacent areas, and federal jurisdictional wetlands as regulated by the United States Army Corps of Engineers, as well as nonregulated wetlands.

(3) Streams (regulated and unregulated) including a fifty-foot buffer from mean high water mark of streams. These shall include but are not limited to watercourses, streams and other drainage corridors as classified pursuant to the New York State Department of Environmental Conservation Stream Classification System.

CONSTRUCTION EQUIPMENT SALES ESTABLISHMENT

Retail establishments selling or renting heavy construction equipment, including cranes, earthmoving equipment, heavy trucks, etc.

[Added 11-17-2011 by L.L. No. 5-2011]

CONTRACTOR'S YARD

An area of land on which machinery and equipment used in the construction trades is stored.

CONVENIENCE STORE

A retail establishment offering any of the following for sale: prepackaged food products, household items, newspapers and magazines, sandwiches and other prepared foods, generally for off-site consumption, but which may offer limited seating without wait service.

CONVENTION CENTER

A facility offering meeting rooms and providing support activities, such as food preparation or service, but not including lodging.

CORNICE

A projection aligned horizontally along and crowning a building wall, door, window, or other opening in the building wall.

[Added 7-27-2017 by L.L. No. 2-2017]

CRAFT PRODUCTION

The process of manufacturing by hand (with or without the use of tools) which may be displayed and sold on the premises.

[Added 7-27-2017 by L.L. No. 2-2017]

DISTRIBUTION FACILITY

A facility used to disperse products or articles to another location.

DOCK

Any structure, whether affixed or floating, placed in or upon a lake, pond, river, stream or brook and which provides a berth for watercraft and/or a means of pedestrian access to and from the shoreline. This shall include boathouses, piers, wharfs, crib docks, stake docks, floating docks and all such similar structures.

DRIVE-THROUGH WINDOW

A service window in which customers of a facility can access goods or services from within a vehicle. A drive-through window may include restaurants including fast-food operations, banks, and pharmacies.

[Added 7-27-2017 by L.L. No. 2-2017]

DRIVEWAY

A vehicular lane within a lot or shared between two or more lots providing access to a street, garage, parking area, or parking lot.

[Added 7-27-2017 by L.L. No. 2-2017]

DWELLING, MULTIFAMILY

Any building used or designed as a residence for five or more families living independently of each other and doing their own cooking therein, including but not limited to apartments, certain condominium developments and the conversion of existing single-family dwellings.

[Amended 7-27-2017 by L.L. No. 2-2017]

DWELLING, SEASONAL

One dwelling unit not used for permanent residence and not occupied for more than six months in each year.

DWELLING, SINGLE-FAMILY

A detached building designed for or occupied exclusively by one family, erected on a permanent foundation, with/without basement and equipped for year-round occupancy.

[Added 7-27-2017 by L.L. No. 2-2017]

DWELLING, THREE- AND FOUR-FAMILY

A building designed as a single structure typically with a shared entry, containing three or four units, each designed to be occupied as a separate permanent resident for one family.

[Added 7-27-2017 by L.L. No. 2-2017]

DWELLING, TOWNHOUSE

A single-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistance walls.

[Added 7-27-2017 by L.L. No. 2-2017]

DWELLING, TWO-FAMILY or DUPLEX

A detached building containing two dwelling units that are attached by a common wall.

[Amended 7-27-2017 by L.L. No. 2-2017]

DWELLING UNIT

A building, or portion thereof, providing complete housekeeping facilities for one family.

EASEMENT

Deeded authorization by a property owner for the use or nonuse of any part of his property.

EAVE

The junction of a building wall and an overhanging roof.

[Added 7-27-2017 by L.L. No. 2-2017]

ENCLOSED

With respect to a building, being completely surrounded on four sides by walls and covered with a roof. An enclosed structure will have doors of various kinds, which may or may not be open when the use or activity is occurring.

ENCROACHMENT

Any structure or structural element which intrudes into an easement, setback or dedicated right-of-way or property line.

[Amended 7-27-2017 by L.L. No. 2-2017]

EQUIPMENT STORAGE, SALES AND SERVICES

A lot utilized for purposes such as storage, rental, sales and service of equipment and machinery, including tractor-trailers and related transportation equipment, such as bulldozers, backhoes, engines, compressors, trucks over 2 1/2 tons, tractors, construction equipment and other machinery, vehicles or motors, and also including boats.

ESSENTIAL PUBLIC SERVICES

Underground or overhead gas, electrical or water transmission or distribution systems or sewer systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, manholes and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by public utilities or the Town or other governmental agencies for the public health or safety or the general welfare.

EXPANSION

Any growth of activity which requires the enlargement of facilities, including buildings, parking spaces, storage yards or any other facilities which are required to accommodate such growth.

EXPRESSION LINE

An architectural feature consisting of a decorative, three-dimensional, linear element either horizontal or vertical.

[Added 7-27-2017 by L.L. No. 2-2017]

FACADE

The exterior wall of a building that is set along a frontage line.

[Added 7-27-2017 by L.L. No. 2-2017]

FACADE, CORNER

The exterior wall of a building that faces the corner side lot line.

[Added 7-27-2017 by L.L. No. 2-2017]

FACADE, FRONT

The exterior wall facing the principal frontage of a building.

[Added 7-27-2017 by L.L. No. 2-2017]

FACADE, WATERFRONT

An exterior wall of a building that faces a water body.

[Added 7-27-2017 by L.L. No. 2-2017]

FAMILY

One or more persons occupying the premises and living as a single housekeeping unit, as distinguished from a group occupying a boardinghouse, lodging house, club, fraternity or hotel.

FARM

Any parcel of land used for agricultural, horticultural or silvicultural use, including any structure, building or residence which is incidental to the permitted use.

FARMERS' MARKET

A permanent, semipermanent structure, or temporary structure (or stalls or tents), operated on a seasonal or year-round basis, that allows for agricultural producers to sell their products and agriculture-related items directly to consumers.

[Added 7-27-2017 by L.L. No. 2-2017]

FARM WORKER HOUSING

One or more structures, including mobile homes, used to house farm workers and their families who are directly employed on the farm on which the housing is located.

FAST-FOOD RESTAURANT

A place where food or nonalcoholic beverages are served or sold for consumption outdoors or in vehicles or a place where food is purchased at a counter for consumption indoors. A restaurant equipped with a window to allow purchases of food by driving up to the same by vehicle and leaving, commonly referred to as a "drive-through window," shall be deemed a fast-food restaurant.

FENCE

A barrier consisting of material(s) assembled, constructed or erected at a fixed location on the ground or attached to the ground. Fence does not include a hedge or similar barrier composed of growing vegetation or a man-made berm.

FILTER STRIP

An area with vegetation that removes contaminants.

[Added 7-27-2017 by L.L. No. 2-2017]

FLOOR AREA or GROSS FLOOR AREA

(1) Residential: the area, in square feet, within the exterior walls of a dwelling unit, not including attached garages, porches, decks, etc.

(2) Commercial or industrial: the total area, in square feet, within the exterior walls of a building or structure and, when applicable, the sum total of all floor areas of the principal and accessory buildings or structures under single ownership or business.

FLOOR AREA RATIO (FAR)

The relationship of building size to lot size, derived by dividing the total building square footage (see "building square footage") by the lot size in square feet, yielding a percentage.

FORECOURT

An open area in front of a building.

[Added 7-27-2017 by L.L. No. 2-2017]

FREIGHT

Goods, merchandise, substances, materials, and commodities of any kind that may be transported or transferred from one place to another by air, rail, or motor carrier.

[Added 11-17-2011 by L.L. No. 5-2011]

FREIGHT OR TRUCK TERMINAL

Any premises, which may include structures and buildings used by a motor freight company as a carrier of goods, which is the origin or destination point of goods being transported for the purpose of storing, transfer, loading, and unloading goods; may include intermodal distribution facilities for truck, rail or shipping transport.

[Added 11-17-2011 by L.L. No. 5-2011]

FRONTAGE

An area of a lot between a building facade and a right-of-way line of a public street or road. Frontage is divided into private frontage and public frontage.

[Added 7-27-2017 by L.L. No. 2-2017]

FRONTAGE, LINE

A lot line bordering a public frontage.

[Added 7-27-2017 by L.L. No. 2-2017]

FRONTAGE, PRINCIPAL

The primary frontage area of a building with a main entrance.

[Added 7-27-2017 by L.L. No. 2-2017]

FRONTAGE, SECONDARY

The frontage that is not the primary frontage and that is associated with a side entrance.

[Added 7-27-2017 by L.L. No. 2-2017]

FUEL SUPPLY DEPOT

A facility which stores gasoline products for distribution to off-site locations.

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.

GALLERY

A private frontage wherein the facade is aligned close to the frontage line with an attached cantilevered shed or lightweight colonnade overlapping the sidewalk.

[Amended 7-27-2017 by L.L. No. 2-2017]

GARAGE, COMMERCIAL

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

GARAGE, PRIVATE

An enclosed space for the storage of one or more motor vehicles and within which space no business activity or industry connected directly or indirectly with motor vehicles is conducted.

GASOLINE STATION

A lot occupied or used for the sale of oil or other motor fuel, lubricants, tires and accessories for motor vehicles, including facilities for greasing, washing, cleaning, polishing or otherwise servicing vehicles, but not including painting or major repairing thereof.

GOLF COURSE

A tract of land for playing golf, improved with tees, greens, fairways, and hazards, and may include clubhouses, shelters, bathrooms, and restaurant and tavern facilities.

GRADING

The physical alteration of the contours of land in connection with a development project. Minor alteration for landscaping purposes or to improve drainage on individual residential properties does not constitute grading.

GREENHOUSE, COMMERCIAL

A building in excess of 300 square feet 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 delicate or out-of-season plants for subsequent sale or personal enjoyment.

GREENHOUSE, PRIVATE

A 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 delicate or out-of-season plants for personal enjoyment and whose area is 300 square feet or less.

GREEN INFRASTRUCTURE

The multifunctional, interconnected network of open space and natural features such as greenways, wetlands, parks, forest preserves, and areas of native plant vegetation, that naturally manages stormwater, reduces flooding risk, and improves water quality.

[Added 7-27-2017 by L.L. No. 2-2017]

GREEN ROOF

A vegetated roof design that is designed to absorb rainfall or snowmelt, typically to manage stormwater, mitigate the heat island effect, or offer recreational space for building occupants.

[Added 7-27-2017 by L.L. No. 2-2017]

GROUND FLOOR

The story of a building closest to the curb level.

[Added 7-27-2017 by L.L. No. 2-2017]

GROUP CAMP

Any land or facility for housing and recreational, educational or business-related uses by private groups or semipublic groups, such as boy or girl scout camps, fraternal lodges or university or college conference centers. The definition includes the terms "camp" and "day camp."

HEALTH-RELATED FACILITY

A building or site used for the treatment of illness, disease, injury, deformity and other abnormal physical or mental conditions, including rehabilitation activities, and which is operated by individuals in the health industry licensed by the State of New York. All hospitals and institutions specializing in medical treatment, physical and mental therapy (including alcohol and drug treatment), and assisted living for all ages are considered to be health-related facilities.

HEAVY INDUSTRY

Manufacturing operations that may involve the exterior storage of goods and materials as well as of finished products.

HIGHWAY RIGHT-OF-WAY

That line which measures the right-of-way of any road and which is established by the Town, County or State having jurisdiction over the road.

[4]

HOME OCCUPATION

A profession or trade conducted entirely within a dwelling and/or a detached garage and/or allowed accessory structure(s) and carried on by the dwelling inhabitants thereof, which use is clearly incidental and secondary to the use of the residence for residential purposes and does not change the character thereof. A home occupation may employ up to three persons. There may be a sign advertising the presence of the home occupation in accordance with Article XI of this chapter. Site plan review is required for a home occupation as described in Article VI of this chapter. The sale of stock-in-trade or the entertainment of clients may be allowed. A produce stand is not a home occupation.

[Amended 1-19-2012 by L.L. No. 2-2012]

HOMEOWNERS' ASSOCIATION

A contract agreed to by owners of homes in an area that provides regulations for the operation and maintenance of individual properties and/or commonly owned facilities and/or open space.

HOSPITAL

An institution, licensed by the State of New York, providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, and including, as an integral part of the institution, related facilities, such as laboratories, outpatient facilities or training facilities.

HOTEL

A building in which lodging is provided in guest units and offered to the public for compensation and in which ingress and egress to and from all rooms are made through an inside lobby or office, supervised by a person in charge at all hours. The guest unit must consist of a room arranged or designed to be available for use as sleeping quarters for transient guests on a daily or weekly basis.

[Amended 7-27-2017 by L.L. No. 2-2017]

ILLUMINATION, EXTERNAL

Use of artificial light reflecting off a sign surface.

[Added 7-27-2017 by L.L. No. 2-2017]

ILLUMINATION, INTERNAL

Use of artificial light projecting through a sign surface. Only back-lit, halo-lit, or reverse channel letters with halo-lit illuminations are permitted except for neon or LED lighting which is permitted for window signs.

[Added 7-27-2017 by L.L. No. 2-2017]

INN

A single multiple-dwelling structure with no more than 10 guest rooms providing overnight accommodations, food and entertainment.

[Added 7-27-2017 by L.L. No. 2-2017]

JUNK VEHICLE

Any unregistered, used motor vehicle or vessel, no longer in condition for legal use on public highways or waterways.

JUNKYARD

Any area of land, including the buildings thereon, which is used primarily for the collecting, storage or sale of wastepaper, rags, scrap metal or discarded material or for the collecting, storage, dismantling or salvaging of machinery or vehicles not in running condition and the sale of parts therefrom. The deposit of two or more junk vehicles or the major parts thereof for more than three months will be deemed to make the lot a junkyard.

KENNEL

An establishment to house dogs, cats, and other household pets where grooming, breeding, boarding, training or selling of animals is conducted for commercial purposes. The occasional sale of puppies, kittens or other offspring from household pets shall not be considered a kennel. The harboring of more than four dogs aged six months or older shall be presumptively considered use as a kennel.

LABORATORY

A building in which chemical, mechanical, physical, electrical or other research, production, design or development of materials or processes is conducted.

LAND CLEARING

The excavation, cutting, removal, alteration, destruction or clearing of perennial or annual vegetation, including trees, or the disturbance of soil.

LANDSCAPING

The act of changing or enhancing the natural features of a plot of ground, usually around a building, generally by adding lawns, shrubs, trees, bushes and the like.

LAUNDROMAT

A business equipped with individual clothes-washing and -drying machines for the use of retail customers.

LIGHT INDUSTRY

Low-intensity manufacturing uses that are conducted indoors and which do not involve exterior storage of raw materials or finished products. Such uses may include showrooms for the sale of finished products.

[Amended 11-17-2011 by L.L. No. 5-2011]

LIGHT INDUSTRIAL USE

A manufacturing or maintenance facility where any process is used to alter the nature, size or shape of articles or raw materials or where articles are assembled and where said goods or services are consumed or used at another location. The term does not include mineral extractions, private and commercial sand and gravel extractions, including screening or crushing operations, sawmills, chipping mills, pallet mills and similar wood-using facilities.

[Added 11-17-2011 by L.L. No. 5-2011]

LIVE-WORK

An attached or detached structure with one dwelling unit above or behind a ground floor space that can be used for service or retail uses.

[Added 7-27-2017 by L.L. No. 2-2017]

LIVESTOCK

The keeping of cows, horses, pigs, poultry and/or other livestock for commercial or noncommercial use.

[Added 7-27-2017 by L.L. No. 2-2017]

LOADING SPACE

An off-street space, area or berth, with an appropriate means of access to a street or way, intended for the temporary parking of a vehicle while loading or unloading merchandise or materials.[5]

LOT

A parcel or portion of land separated from other parcels or portions by description, as on a subdivision map, survey map or by metes and bounds, for the purpose of sale, lease or separate use.

LOT, CORNER

A lot situated at the intersection of two or more streets or highways.

LOT COVERAGE

All areas covered by buildings, pavement or other permanent impermeable surfaces, but not including stored merchandise such as cars and manufactured housing. The definition includes the term "impervious area."

LOT, DEPTH

The mean horizontal distance between the front and rear lot lines, measured along the median between the two side lot lines.

LOT LINE

The established division line between different parcels of property.

LOT LINE, FRONT

The lot line which abuts a street or highway right-of-way boundary.

LOT LINE, INTERIOR SIDE

A lot line that connects a front lot line and rear lot line, and does not abut a thoroughfare.

[Added 7-27-2017 by L.L. No. 2-2017]

LOT LINE, REAR

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

LOT, THROUGH

An interior lot having frontage on two parallel or approximately parallel streets. For the purpose of determining setbacks, the owner of such a lot may designate one line as the front lot line and the other as the rear lot line.

LOT WIDTH

The mean horizontal distance of a lot, measured at right angles to its depth at the building line, which building line shall be in compliance with the minimum setback requirements of this chapter.

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 3280, 4/1/93, 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, air-conditioning and electrical systems contained therein. The term "manufactured home" shall also include any structure that meets all the requirements of this definition, except the size requirements, and with respect to which the manufacturer voluntarily files a certification required by the Federal Department of Housing and Urban Development and complies with the standards established under the National Manufactured Housing Construction and Safety Act of 1974, as amended.[6] The term "manufactured home" shall not include any self-propelled recreational vehicle. All manufactured homes shall have a minimum roof pitch of four on 12.

[Added 1-19-2012 by L.L. No. 2-2012]

MARINA/WATERFRONT-RELATED USE

An activity which can only be conducted on, in, over, or adjacent to a water body because such activity requires direct access to that water body and involves, as an integral part of such activity, the use of the water, including a marina, yacht club, boat launch, fishing piers, tour boat and charter facilities, research and educational facilities requiring access to waterways. Such activities may include the storing, servicing, fueling, berthing, and securing of boats and may also include eating, sleeping, and retail uses that are accessory to marina/waterfront-related facilities for owners, crews, and guests.

[Added 7-27-2017 by L.L. No. 2-2017]

MASSING

The three-dimensional shape of a building(s) height, width, and depth.

[Added 7-27-2017 by L.L. No. 2-2017]

MIXED USE

The presence of multiple uses within the same complex, building, parcel, district or zone.

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 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, air-conditioning and electrical systems contained therein. The term "mobile home" shall not include travel trailers or any self-propelled recreational vehicle.

[Amended 1-19-2012 by L.L. No. 2-2012[7]]

MOBILE HOME PARK

A parcel or parcels of land which are designed and improved for the placement of two or more mobile home units thereon, designed and constructed to the same standards as subdivisions.

[Amended 1-19-2012 by L.L. No. 2-2012[8]]

MODULAR HOME

Any building comprised of two or more sections, without their own chassis, capable of being transported to their building site and permanently joined into one integral unit which is indistinguishable in appearance from a conventionally built home, including but not limited to a sloped roof and permanent foundation.

[Amended 1-19-2012 by L.L. No. 2-2012]

MOTEL

A building or group of buildings, whether detached or in connected units, containing living and sleeping accommodations used for transient occupancy and which has individual entrances from outside the building to serve each guest unit. A motel may also provide additional services such as restaurants, meeting rooms and recreation facilities.

[Amended 7-27-2017 by L.L. No. 2-2017]

MOTOR VEHICLE REPAIR SHOP

Any building, premises and/or land in which or upon which the primary use is a business which involves the service, maintenance or repair of automobiles, trucks, buses and other light vehicles, except for auto body repair, which is carried out within an enclosed structure and in which the sale of materials is clearly incidental to the primary use.

MOVIE THEATER

A place where motion pictures are shown to the public for a fee.

NONCONFORMING LOT

Any lot lawfully on record on the effective date of this chapter which does not meet the minimum lot area and/or lot frontage or width or depth requirements of this chapter for the zoning district in which such lot is situated.

NONCONFORMING STRUCTURE

Any structure which is lawfully in existence within a given zoning district on the effective date of this chapter but which is not in conformance with the dimensional regulations for that zoning district.

NONCONFORMING USE

Any use which is in existence within a given zoning district on the effective date of this chapter but which is not a permitted, accessory, site plan or special use for that zoning district, as listed in the Schedule of Regulations[9] in Article III hereof, or a use for which a use variance had previously been granted.

NURSERY

Land or greenhouses used to raise flowers, shrubs and plants for sale, as well as other goods customarily sold with plants, such as soil, compost, pots, etc. (See "greenhouse, commercial.")

NURSING HOME

Any building, other than a hospital, where persons are housed or lodged and furnished with meals and nursing care for hire.

OFFICE

A building that has been planned, developed and operated as a facility to accommodate one or more separate offices as its primary use and where other uses, such as restaurants, taverns or health clubs, are secondary or accessory.

OPEN SPACE

Land not covered by buildings, pavement, open storage, mining operations or any other use that visually obscures the natural or improved landscape, except for recreation facilities.

OVERLAY DISTRICT

A set of regulations which adds a layer of guidelines or provisions to the underlying regulating district. An overlay district may cover more than one zoning district.

PARAPET

The portion of a wall which extends above the roofline.

[Added 7-27-2017 by L.L. No. 2-2017]

PARKING LOT

Any place, lot, parcel or yard used, in whole or in part, for storing or parking three or more motor vehicles under the provisions of this chapter.

PARKING SPACE

For the purpose of this chapter, one "parking space" shall constitute an area of not less than 162 square feet, of such shape and vertical clearance so as to accommodate one vehicle having a maximum width of nine feet and a maximum length of 18 feet.

PARKING SPACE, HANDICAPPED

An oversized parking space designed to accommodate the handicapped. Such space shall constitute an area of 260 square feet, with a minimum width of 13 feet and having an overall length of 20 feet.

PERFORMANCE STANDARD

A criteria, established in Article VIII of this chapter, established to control noise, odor, dust, dirt, vibration, noxious gases, glare, smoke, water pollution and explosive hazards, or visual pollution generated by or inherent in the use of land or buildings.

PERMEABILITY, PERCENT OF

The area of the lot which is not covered by buildings, structures or nonpermeable surfaces divided by the total area of the lot and multiplied by 100.

PERMEABLE

Ground surface through which water can percolate in a natural manner. Said ground surface could be undisturbed natural terrain or a landscaped area with generally unpaved surfaces.

PERMITTED USE

Any use requiring no special action by the Zoning Board of Appeals nor site plan nor special permit review by the Planning Board before a building permit is granted by the Code Enforcement Officer, subject to all other applicable provisions of this chapter.

PERSON

Any individual, corporation, limited liability corporation, partnership, association, trustee, or other entity authorized to exist in New York State and all political subdivisions of the State or any agency or instrumentality thereof.

PERSONAL-SERVICE BUSINESS

Establishments primarily engaged in providing services involving the care of a person or his or her apparel.

PLACE OF WORSHIP

A building or place used for religious activities, including a church, synagogue, temple or mosque, which is used for the purpose of worship and activities customarily associated therewith.

PLACES OF PUBLIC ASSEMBLY

Public buildings, schools, halls, convention centers and other spaces and buildings where the general public may congregate, not including social clubs, sportsmen's clubs or other private clubs.

PLANNED DEVELOPMENT DISTRICT

An area of land in which a variety of housing types and/or related commercial and industrial facilities are accommodated in a preplanned environment under more flexible standards than would normally apply under the regulations of the individual zoning categories of this chapter, the approval of which involves requirements other than those of the standard subdivision, such as building design, landscaping, open spaces, etc.

PLANNING BOARD or BOARD

The Planning Board of the Town of Stillwater.

PLAZA

A civic space type designed for civic purposes and commercial activities, generally paved and spatially defined by building frontages.

[Added 7-27-2017 by L.L. No. 2-2017]

PORCH

A covered shelter projecting in front of an entrance of a building.

[Added 7-27-2017 by L.L. No. 2-2017]

PRINCIPAL BUILDING

The building in which the principal use is conducted.

PRINCIPAL USE

The main or primary purpose for which land or a building is used or occupied or maintained. When more than one use is on a lot, the most-intense use shall be considered the main or primary use.

PRODUCE STAND

A structure designed for the sale of farm products, such as fruits, vegetables, flowers and honey and products that are agriculture-related.

[Amended 7-27-2017 by L.L. No. 2-2017]

PRODUCE STAND FOR ON-FARM PRODUCTS

A structure designed for the sale of farm products produced on the farm on which the stand is located. There is no size restriction on such structures.

PROFESSIONAL OCCUPATION

One who is engaged in professional services, including but not limited to all members of the field of medicine, a lawyer, architect, engineer, surveyor, real estate broker or accountant.

PROFESSIONAL OFFICE

An office used to conduct a professional occupation.

PUBLIC OR SEMIPUBLIC BUILDING OR USE

Any structure associated with a college, school, hospital, library, place of worship, cemetery, museum, firehouse, or a municipal building or use. However, this definition shall not include a landfill, waste storage or processing facility, sludge dewatering facility or other facility used to process or store hazardous materials or materials dredged from any river or water body.

RAIN BARREL

A storage tank designed to catch runoff typically from a roof.

[Added 7-27-2017 by L.L. No. 2-2017]

RAIN GARDEN

A garden designed to collect stormwater runoff from impervious surfaces such as roofs, walkways, and parking lots, allowing water to infiltrate the ground.

[Added 7-27-2017 by L.L. No. 2-2017]

RECREATIONAL FACILITIES, COMMERCIAL

Recreational facilities open to the general public for private gain.

RECREATIONAL FACILITIES, PRIVATE

Recreational facilities supplemental to a principal use, for the utilization of proprietors and guests, and excluding any use which is open to the public for a charge.

RESIDENTIAL USES

Each of the uses listed under the title "Residential Uses" in the Town of Stillwater Summary of Allowed Uses contained in 210 Attachment 1:3 to the Zoning Code dated Aug 1, 2012, as amended.

[Added 7-17-2014 by L.L. No. 2-2014]

RESTAURANT

A place for the preparation, serving and consuming of food and beverages, other than a tavern.

RESTAURANT, FAST-FOOD

An establishment whose principal business is the sale of pre-prepared or rapidly prepared food/meals directly to the customer in a ready-to- consume state for consumption either within the restaurant or off the premises.

RETAIL

The offering, for a fee, of goods, services or merchandise to the general public, excluding restaurants, taverns, motor vehicle sales and services, boat sales, recreational vehicle sales and services, mobile and modular home sales and services, farm and construction equipment sales and services, and logging equipment sales and services.

[Amended 7-27-2017 by L.L. No. 2-2017]

RIGHT-OF-WAY, PUBLIC

A parcel of land in public ownership or use open to the public for vehicular or pedestrian access. (See "street.")

ROAD, ARTERIAL

A street or road officially designed for the high-speed movement of large volumes of traffic between major points of activity.

ROAD, COLLECTOR

A street or road officially designated for the movement of traffic between arterial streets and local roads, as well as for servicing adjacent land uses.

ROAD, LOCAL

A street or road officially designated to provide access to abutting property, not intended primarily for the movement of through traffic.

SAND, GRAVEL OR TOPSOIL PROCESSING

The screening, sorting, reduction or transformation of sand, gravel or topsoil, but not including the production of asphalt or cement.

SAND, GRAVEL OR TOPSOIL REMOVAL

Any extraction from the land of more than 50 cubic yards in any two-year period of sand, gravel or topsoil for the purpose of sale or use by persons or entities other than the owner of the land, but not including the processing thereof.

[10]

SAWMILL

Any building, site or place used for the cutting or milling of raw timber into dimensional lumber, except that a sawmill located on a property for less than 60 days in any one-year period shall not be regulated by this chapter. For the purpose of this definition, a property shall be considered all of the contiguous parcels owned or under the control of a landowner.

SCHOOL

Any place offering instruction in any branch of knowledge under the supervision of the State of New York or a lawfully constituted ecclesiastical governing body, person, partnership, or corporation meeting the requirements of the State Education Department.

SCREENING

Foliage, berms, trees, shrubs or landscaped natural materials and plants which obscure the visual character and suppress the noise of any given building or use of land. Where natural plant material is not practical, fences and/or other artificial material may be partially or totally substituted, according to individual site conditions.

SELF-STORAGE FACILITY

A structure containing separate, individual and private storage spaces of varying sizes, licensed, leased or rented to individuals for varying periods of time.

SETBACK

The established line beyond which no part of a building shall extend, except for the building eaves, which may extend 18 inches into the setback. (See "building line.")

SHOP FRONT

A private frontage conventional for retail use with substantial windows (glazing) where the facade is aligned close to the frontage line with the building entrance at sidewalk grade.

[Added 7-27-2017 by L.L. No. 2-2017[11]]

SHORELINE

The high-water mark at which land adjoins the waters of lakes, ponds, wetlands, rivers and streams within the Town.

SHORELINE BUILDING SETBACK

The shortest distance, measured horizontally, between any point of a principal building or accessory structure in excess of 100 square feet in size (except docks and boathouses) and the shoreline of any lake, pond, river, New York State Department of Environmental Conservation classified wetland or stream.

SIDELIGHT

A narrow window or pane of glass alongside a door.

[Added 7-27-2017 by L.L. No. 2-2017]

SIDEWALK

The paved section of the public frontage dedicated exclusively to pedestrian activity.

[Added 7-27-2017 by L.L. No. 2-2017]

SIGN

Any display of lettering, numbering, logos, designs, colors, lights or illumination, visible to the public from outside of a building or from a public right-of-way, which either conveys a message to the public or intends to advertise, direct, invite, announce or draw attention to, directly or indirectly, a use conducted or events, goods, products, services or facilities available.

[Added 7-27-2017 by L.L. No. 2-2017]

(1) AWNING SIGN A sign painted on or applied to a structure made of cloth, canvas, or similar material which is affixed to and projects from a building.

(2) FREESTANDING SIGN Any sign not attached to or part of any building but separate and permanently anchored in the ground.

(3) ICONIC SIGN A sculptural, typically three-dimensional sign whose form suggests its meaning and which is building-mounted.

(4) ILLUMINATED SIGN Any sign designed to give forth or reflect any artificial light, such light deriving from any source which is intended to cause such light or reflection.

(5) MONUMENT SIGN A sign attached to a brick, stone, or masonry wall or structure that forms a supporting base for the sign display.

(6) NONCONFORMING SIGN A sign lawfully erected and maintained prior to the adoption of the current Code that does not conform to the requirements of the current chapter.

(7) PROJECTING SIGN A sign that attaches to the facade of the structure and projects out from the wall.

(8) SIDEWALK SIGN An A-frame sign that is not permanently attached to the ground or other permanent structure.

(9) TEMPORARY SIGN A sign or advertising display constructed of cloth, canvas, fabric, plywood, or other light material and designed or intended to be displayed for a short period of time.

(10) WALL SIGN A sign that is affixed to a building's wall.

(11) WINDOW SIGN A sign that is either painted or attached to the inside surface of a window.

SITE PLAN

A diagram, drawn to scale, showing the development plans for a lot, as outlined in this chapter.

SLOPE

The degree of deviation of a surface from the horizontal, usually expressed in percent of degrees.

SPECIAL USE

A use that requires and must comply with the standards of a special use permit pursuant to this chapter.

STACKING SPACE

A queuing space designated as a waiting area for vehicles patronizing a drive-through window.

[Added 7-27-2017 by L.L. No. 2-2017]

STAGING

The requirement that development be constructed in phases consisting of a limited number of units at any one time.

STORAGE SHED

An accessory building used to store materials or small equipment, not including trucks, automobiles or recreational vehicles, which supports the principal use of the site.

STORMWATER PLANTER

A specialized planter installed in the sidewalk area that is designed to manage street and sidewalk stormwater runoff.

[Added 7-27-2017 by L.L. No. 2-2017]

STORY

A level within a building, constructed and designed to support occupancy as defined by the New York State Uniform Fire Prevention and Building Code.

[Added 7-27-2017 by L.L. No. 2-2017]

STREET

A way for vehicular traffic, whether designated as a "street," "highway," "thoroughfare," "parkway," "throughway," "road," "avenue," "boulevard," "lane," "cul-de-sac," "place" or however otherwise designated, and includes the entire area within the right-of-way. (See "right-of-way, public.")

STREET CENTER LINE

The line determined by connecting the midpoints of the surfaced portion of any street, road or highway.

STREET LINE

The limit of the street or highway right-of-way line. For the purposes of measuring setbacks, the street line shall be considered the highway right-of-way line.

STREET OR ROAD GRADE

The grade of the street upon which a lot fronts.

STRUCTURE

Any object constructed, installed or permanently placed on land to facilitate land use and development or subdivision of land, including but not limited to buildings, sheds, single-family dwellings, mobile homes, signs, service station pumps, drive-in or drive-through islands, with or without canopies, amusement park rides, all aboveground tanks and any fixtures, additions and alterations thereto, but excluding animal shelters less than 100 square feet and children's tree houses and playhouses less than 100 square feet. (See "building.")

SWALE, VEGETATED

Broad, shallow channels designed to convey and infiltrate stormwater runoff planted with trees, shrubs, and/or grasses.

[Added 7-27-2017 by L.L. No. 2-2017]

SWIMMING POOL

A receptacle for water, having a depth at any point greater than two feet and holding more than 100 gallons of water, designed to be used for swimming and constructed, installed and maintained above or below the ground. A swimming pool is a structure for the purposes of this chapter.

TAVERN

A place in which the principal income is derived from the sale or serving of alcoholic beverages for consumption on the premises, with or without live entertainment.

TELECOMMUNICATIONS TOWER

Any structure greater than 35 feet in height which is capable of receiving and/or transmitting signals (for the purpose of communication).

TERRACE

An elevated area supported by masonry walls next to a building.

[Added 7-27-2017 by L.L. No. 2-2017]

THEATER

A building or part of a building used to show motion pictures or for drama, dance, musical, or other live performances.

[Added 7-27-2017 by L.L. No. 2-2017]

TIMBER HARVESTING

The cutting of trees over six inches in diameter at four feet above ground level over an area of more than one acre for commercial purposes. Timber harvesting shall not be construed to include the clearing of land prior to development.[12]

TRANSOM

The window or fanlight above the beam or bar in a doorframe.

[Added 7-27-2017 by L.L. No. 2-2017]

TRAVEL TRAILER CAMP

A parcel of land which is occupied or used for the placement of two or more travel trailers, motor homes or similar temporary living quarters.

TRAVEL TRAILER or TRAVEL VEHICLE

Any portable vehicle, including a tent camper or motor home, which is designed to be transported on its own wheels, which is designed and intended to be used for temporary living quarters for travel, recreational or vacation purposes, and which may or may not include one or all of the accommodations and facilities customarily included in a mobile home.

VARIANCE

A modification of the regulations of this chapter, granted on grounds as set forth in applicable regulations of this chapter.

VETERINARY HOSPITAL

A facility providing health services and medical or surgical care to animals suffering from illness, disease, injury, deformity and other abnormal conditions, including related facilities, such as laboratories and boarding facilities. The definition includes the term "veterinary clinic."

WALKUP WINDOW

A service window, such as for restaurants, in which customers can access goods or services by walking or bicycling.

[Added 7-27-2017 by L.L. No. 2-2017]

WAREHOUSE

A building used to temporarily store or hold products or articles for use in assembly or manufacturing or for future transmission of said products or articles to another location.

WINDOW SILL

A ledge forming the bottom part of a window.

[Added 7-27-2017 by L.L. No. 2-2017]

WINDOW TRANSPARENCY

The percentage of a facade made up of windows or glass.

[Added 7-27-2017 by L.L. No. 2-2017]

YARD

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

YARD, FRONT

A yard that extends the full width of the lot and is situated between the adjacent highway right-of-way or shoreline and the front line of the building, projected to the side lines of the lot. The depth of the front yard shall be measured between the front line of the building and the highway right-of-way line or shoreline. Covered porches or canopies and decks, whether or not enclosed, shall be considered as part of the main building and shall not project into a required front yard. (See also § 210-100, Lots bounded by two streets.)

YARD, REAR

A yard that extends the full width of the lot and is situated between the rear line of the lot and the rear line of the building, projected to the side lines of the lot. The depth of the rear yard shall be measured between the rear line of the lot and the rear line of the building, including any covered porches or canopies and decks, whether or not enclosed. (See also § 210-100, Lots bounded by two streets.)

YARD, SIDE

A yard that is situated between the side line of the building and the adjacent side line of the lot and extending from the rear line of the front yard to the front line of the rear yard, including any covered porches or canopies and decks, whether or not enclosed. (See also § 210-100, Lots bounded by two streets.)

[Amended 7-27-2017 by L.L. No. 2-2017]

[1] Editor's Note: The definition of "apartment building," which immediately followed, was repealed 7-27-2017 by L.L. No. 2-2017.

[2] Editor's Note: The definition of "auto body shop," which immediately followed, as amended 11-17-2011 by L.L. No. 5-2011, was repealed 7-27-2017 by L.L. No. 2-2017. See now definition of "motor vehicle repair shop."

[3] Editor's Note: The definition of "building supply store/lumberyard," which immediately followed, was repealed 7-27-2017 by L.L. No. 2-2017.

[4] Editor's Note: The former definition of "home occupation, type 1," which immediately followed this definition, was repealed 1-19-2012 by L.L. No. 2-2012.

[5] Editor's Note: The definition of "lodge," which immediately followed, was repealed 7-27-2017 by L.L. No. 2-2017.

[6] Editor's Note: See 42 U.S.C. § 5401 et seq.

[7] Editor's Note: This local law also repealed the former definition of "mobile home court," which immediately followed this definition.

[8] Editor's Note: This local law also repealed the former definition of "mobile home, transient," which immediately followed this definition.

[9] Editor's Note: The Schedule of Regulations is included at the end of this chapter.

[10] Editor's Note: The former definition of "satellite receiving antenna," which immediately followed this definition, was repealed 1-19-2012 by L.L. No. 2-2012.

[11] Editor's Note: This local law also repealed the definition of "shopping mall/plaza," which immediately followed.

[12] Editor's Note: The definition of "townhouse," which immediately followed, was repealed 7-27-2017 by L.L. No. 2-2017. See now the definition of "dwelling, townhouse."