Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
ACTIVITY FACILITY
A business which, for compensation, offers indoor recreational
activities, such as dance, martial arts, arts and crafts, musical
or theatrical instruction, children's gyms and play center, and other
places of public or private entertainment. Activity facilities shall
not include facilities intended primarily for spectator activities,
such as, but not limited to, stadiums and arenas, automotive tracks,
bowling alleys, parlors or amusement parks.
ADULT DAY-CARE FACILITY
An establishment which provides day-care services for hire
to adults who, by reason of physical or other limitations associated
with age, physical or mental disabilities or other factors, are unable
or substantially unable to live independently without supervision.
ADULT USES
An adult bookstore, adult motion-picture theater, or adult
entertainment cabaret, as defined herein.
(1)
ADULT BOOKSTOREAn establishment having as a substantial or significant portion of its stock-in-trade books, magazines, or other periodicals, films, slides and videotapes which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to sexual activities or exposing specified anatomical areas.
(2)
ADULT FILM THEATERAn enclosed building used primarily for presenting material in the form of motion pictures, films, slide shows or videotapes distinguished or characterized by an emphasis on matters depicting, describing or relating to sexual activities or exposing specified anatomical areas.
(3)
ADULT ENTERTAINMENT CABARETA building or portion thereof regularly featuring dancing or other live entertainment if the dancing or entertainment that constitutes the primary live entertainment is distinguished or characterized by an emphasis on the exhibiting of sexual activities or specified anatomical areas for observation by patrons therein.
AGRICULTURE
An activity which includes the cultivation of the soil for
food products or other useful or valuable growths of the field or
garden, nursery stock and commercial greenhouses, but does not include
dairying, raising of livestock, breeding or keeping of animals, fowl
or birds where the same is carried on as a business or gainful occupation.
Agriculture includes also the sale at retail of farm, garden or nursery
products produced on the premises.
AMUSEMENT CENTER
A place of business wherein three or more coin-operated machines,
games of skill or chance or other machines of a similar nature are
available for use or play by the general public.
ANIMAL CARE CENTER
Any building or portion of a building designed or used for
the care, observation, or treatment of domestic animals, or for the
keeping, breeding or boarding for compensation of dogs, cats, or other
domestic animals, when such boarding is for more than three consecutive
hours.
APARTMENT, ACCESSORY
A self-contained residential dwelling unit, clearly incidental
and secondary to the principal dwelling of which it is a part, having
a separate entrance and containing separate cooking, eating, sanitation
and sleeping facilities for the exclusive use of the occupant, in
a one-family dwelling, or in a separate accessory structure on the
same lot as a one-family dwelling.
APARTMENT HOUSE (same as "multifamily dwelling")
A residential building that contains more than four dwelling
units, with one primary entrance to access all dwelling units contained
therein. An apartment house may include accessory uses shared by residents
of the apartment house, including recreational facilities, laundry
rooms, parking, seating areas and open space for the exclusive use
of residents residing in the complex.
ASSEMBLY HALL/BANQUET HALL
Buildings in which the primary or intended occupancy or use
is the assembly for amusement, athletic, civic, dining, educational,
entertainment, political, recreational, religious, social, or similar
purposes, except an assembly hall shall not include any use defined
elsewhere herein, in which kitchen facilities may or may not exist.
AUTOMOBILE GASOLINE STATION
Any building or land area used for the retail dispensing
or sales of automobile fuels, which activity may be accompanied by
accessory uses, such as sales of lubricants, tires, accessories or
supplies, and prepackaged food items and tangible consumer goods,
primarily for self-service by the customer.
AUTOMOBILE SALES
Any building, land area or other premises used for the display,
sale or lease of new or used automobiles, vans, trucks, trailers,
or boats, but not including any repair work. Such facilities may not
conduct repair services as an accessory use other than warranty or
other minor repair service.
AUTOMOBILE-SERVICE/REPAIR
Any area of land, including structures thereon, available
to the public, operated for gain, and which is used for repair, greasing,
washing, servicing, adjusting or equipping of automobiles or other
vehicles.
AUTOMOBILE WASH
Any building or land area, the use of which is devoted to
the business of washing or waxing automobiles for a fee, whether by
automated cleansing devices or otherwise.
BANK
A financial institution that is open to the public and engaged
in deposit banking, and that may perform closely related functions,
such as making loans, investments, and fiduciary activities.
BAR
A commercial establishment, open to the general public, which
sells and serves alcoholic beverages for consumption on the premises
and where food may be served as an accessory use. The term "bar" includes
"barroom," "wine bar," "tavern," "pub," and "saloon."
BASEMENT
A story that is wholly or partly below grade, but at least
1/2 of its height, measured from floor to ceiling, is above the average
established curb level or finished grade of the ground adjoining the
building.
BED-AND-BREAKFAST
A lodging facility in an owner-occupied dwelling, offering
from two to five guest rooms, without separate kitchen facilities,
for paying, transient guests for a period not to exceed 15 consecutive
days per guest. A dining room and kitchen may be provided for serving
guests of the facility, but shall not be open to the public. An Airbnb
rental is a variant of this use. Short-term, in-home lodging shall
apply for one room for up to three paying guests.
BILLIARD PARLOR
A building, or portion thereof, having within its premises
three or more pool tables, billiard tables, or a combination thereof.
BOARDINGHOUSE
An owner-occupied dwelling unit, with nontransient boarders,
and with common rooms used and accessible to all residents, within
which are boarding units that are rented individually and occupied
for sleeping and/or living purposes to nontransient occupants. A boardinghouse
shall not be considered a rooming home.
BOARDING UNIT
Any room or group of rooms forming a habitable unit used
or intended to be used for living or sleeping but not used for cooking
purposes.
BOAT REPAIR
A facility where boats are repaired and may be stored.
BOWLING ALLEY
Indoor facility for the sport of bowling, with customary
accessory uses, such as snack bars.
BUILDING
(Includes "structure.") Anything constructed or erected,
the use of which requires location on the ground or attachment to
something having location on the ground.
BUILDING, ACCESSORY
A building, the use and size of which is incidental to, and
complementary of, the principal building on a lot.
BUILDING FRONT LINE
The line of the face of the building nearest the front lot
line. The face includes covered porches, but does not include steps.
CABARET
Any room, place, or space in which any musical entertainment,
singing, dancing, or other similar amusement takes place in connection
with a bar and/or restaurant, except for an adult cabaret.
CANNABIS, INDUSTRIAL
Includes licenses to operate as: adult-use cooperative, adult-use
cultivator, adult-use distributor, adult-use processor, conditional
adult-use cultivator, nursery, registered organization adult-use cultivator
processor distributor retail dispensary, or registered organization
adult-use cultivator processor and distributor, as defined in the
Cannabis Law of New York State.
[Added 5-22-2023 by Ord. No. 3-2023]
CANNABIS, RETAIL
Includes licenses to operate as: adult-use retail dispensary,
delivery, or microbusiness, as defined in the Cannabis Law of New
York State.
[Added 5-22-2023 by Ord. No. 3-2023]
CAR RENTAL
A business that rents vehicles to persons or businesses for
use on a transient basis. The business may include on-site facilities
for servicing, storing, repairing, and fueling the vehicles.
CELLAR
That space of a building that is partly or entirely 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.
CEMETERY
A place used for the interment of human or animal remains
or cremated remains.
CHILD DAY-CARE CENTER
A facility that is not also a dwelling unit that provides
care for infants and preschool children, and may offer prekindergarten
educational service, on a regular basis for more than three hours
per child and is defined in 18 NYCRR Part 413 and regulated in accordance
with 18 NYCRR 418.
COLLEGE/UNIVERSITY
An institution for post-secondary education, which is licensed
by the State of New York to grant associate, baccalaureate, or higher
degrees.
COMMERCIAL LAUNDRY
An establishment that launders and/or dries articles for
commercial and not individual customers.
COMMUNITY CENTER
A place, structure, area, or other facility used for providing
religious, fraternal, social, educational, or recreational programs
generally open to the public, not operated for profit, and designed
to accommodate and serve significant segments of the local community.
COOPERATIVE HOUSE
A dwelling unit that is rented as a singular unit and not
occupied by a family, as defined in this chapter, within which are
two or more boarding units occupied for sleeping and/or living purposes
by nontransient occupants. A cooperative house shall not be considered
to be a rooming house.
COTTAGE INDUSTRY
A use that is conducted wholly within an enclosed building
that involves the manufacturing, production, processing, fabrication,
assembly, treatment, repair, or packing of finished products predominantly
from previously prepared or refined materials (or from raw materials
that do not need refining). Light industry is capable of operation
in such a manner that does not cause a noticeable amount of noise,
dust, odor, smoke, glare, or vibration outside of the building in
which the activity takes place. Such a use may or may not contain
retail space. A machine shop is included in this category.
CURB LEVEL
The established elevation of the street grade at the point
that is opposite the center of the wall nearest to and facing the
street line. Where a building is on a corner lot, the curb level is
the average of the mean levels of the curbline on the two intersecting
streets. Where there is uncertainty about the curb level, it shall
be determined by the City Engineer.
DISTRIBUTION FACILITY/WAREHOUSE
A facility involving the storage and shipment of goods in
allotments. This use does not involve the manufacture or sale of goods
from the premises.
DORMITORY
A building intended or used principally for sleeping accommodations,
where such building is directly related to an educational or public
institution, or house of worship. Such building may include common
kitchen and gathering rooms, but does not contain complete dwelling
units.
DRY CLEANER
An establishment for the on-premises mechanical cleaning
of garments, articles or goods of fabric for retail customers, or
where dropoff and pickup occurs for garments or articles that are
sent to another location for mechanical cleaning or laundering. A
dry cleaning establishment does not include a laundry or laundromat,
which provides self-service washing or drying for use by retail customers.
DWELLING
Any building or portion thereof designed or used exclusively
for nontransient residential use.
DWELLING, DETACHED
A dwelling having no common walls, floors or ceilings with
any other dwelling unit.
DWELLING, ROW OR ATTACHED (TOWNHOME)
A dwelling, having common walls with one or more dwelling
units, also referred to as a "townhome." A row dwelling sharing one
common wall shall be deemed an end unit. This term shall also refer
to two dwellings sharing one party or lot line wall and commonly referred
to as a "duplex."
DWELLING, SINGLE-FAMILY
A building containing not more than one dwelling unit and
not having more than one kitchen on a single lot of record.
DWELLING UNIT
A single unit with one or more rooms with provisions for
living, cooking, sanitary and sleeping facilities arranged for the
use of one family only.
FAMILY
One, two, or more persons occupying a dwelling unit and living
together as a traditional family or the functional equivalent of a
traditional family.
FAMILY DAY-CARE
A facility located in a residential structure, which is owner-occupied
as a family residence, that provides daytime care of more than three
hours per day per child for three to 12 infants, preschool children,
and school age children six to 12 years of age for compensation. A
family day-care includes those day-care facilities defined by New
York State in 18 NYCRR Part 413 as "family day-care home" and "group
family day-care home." Such facility must be licensed by New York
State and operated in accordance with all applicable regulations.
FLOOR AREA, BUILDING
The sum of the gross horizontal area of the several floors
of a building and its accessory buildings on the same lot, excluding
cellar and basement floor areas not devoted to residential use but
including the area of roofed porches and roofed terraces. All dimensions
shall be measured between exterior faces of walls.
FRONTAGE
The length of a lot that borders a single street.
FRONTAGE OCCUPANCY
The percentage of the lot width which must be occupied by
either a front building facade or structures that screen parking,
located within the area of the front lot line and the maximum front
yard setback.
FUNERAL HOME
The establishment of a funeral director or undertaker, which
includes facilities for the conduct of funeral services, but not cremation.
GARAGE, PRIVATE
Part of a principal residential building, or an accessory
building located on the same lot as the principal residential building,
designed primarily for the storage of motor vehicles.
HEIGHT, BUILDING
The vertical distance measured from curb or grade level at
the front of the building to the highest level of a flat or mansard
roof or to the average height of a pitched, gable, hip or gambrel
roof, excluding bulkheads, and similar constructions enclosing equipment
or stairs, provided that they are less than 12 feet in height and
do not occupy more than 30% of the area of the roof upon which they
are located.
HOME OCCUPATION
Any use customarily conducted entirely within a dwelling
or its accessory structures and carried on by the inhabitants thereof,
which use is clearly incidental and secondary to the use of dwelling
for residential purposes and does not change the character thereof.
HOSPITAL
An institution, licensed by the State of New York, which
provides primarily transient or acutely needed human physical and/or
mental health services and which includes inpatient facilities.
HOTEL
A building, or portion thereof, containing rooms occupied
by transient guests who are lodged for payment, with or without meals,
and in which there may be provided such services as are accessory
and incidental to the use thereof as a temporary residence, such as
dining, conference centers, recreational facilities and gift shops
for the guests of the hotel.
HOUSE OF WORSHIP
A building, or portion thereof, together with its accessory
buildings and uses, where persons regularly assemble for religious
worship, services, and social events and which building, together
with its accessory buildings and uses, is maintained and controlled
by a religious body organized to sustain ceremonies and purposes.
INDUSTRIAL USES
A business use or activity at a scale greater than home industry,
involving the manufacture, fabrication, processing, reduction, assembly,
or destruction of any article, substance, or commodity, or any other
treatment thereof in such a manner as to change the form, character,
or appearance thereof.
LAUNDROMAT
A facility which provides self-service washing or drying
for use by retail customers.
LIVE/WORK
A dwelling which is owner-occupied, and which provides a
commercial ground floor space and residential space above, for the
family, craft or business, and retail space for creating sales.
LOT
(Includes "plot") A parcel of land occupied or capable of
being occupied by one building and the accessory buildings or uses
customarily incident to it, including such open spaces as are required
by this chapter.
LOT, CORNER
A lot at the junction of, and having frontage on, two or
more intersecting streets.
LOT, DEPTH
The mean distance between the front and rear lot lines, measured
in the general direction of its side lot lines.
LOT LINE
Any line dividing one lot from another or separating a lot
from a street right-of-way line.
LOT, THROUGH
A lot having frontage on two streets, but not at the intersection
of those two streets.
LOT, WIDTH
The mean distance of a lot measured at right angles to its
depth, at the required setback line.
MEMBERSHIP CLUB
An unincorporated association of persons for common social
purpose or an association incorporated under the Membership Association
Law, and which association or membership corporation is not conducted
for profit and is not a part of, related to, or associated with a
profit-making venture and which is managed by officers or directors,
serving without pay and chosen or elected directly by members who
form such an association or membership corporation.
MIXED USE
A development or a single building in which there may be
a blend of uses, including residential, commercial, cultural, institutional,
or industrial, where those functions are physically and functionally
integrated; most prominently a ground floor with a restaurant, theater,
or retail shop and offices and/or residential use above.
MOBILE HOME
A structure mounted on axles and wheels containing living
facilities and which was designed to be towed by an automobile or
truck from place to place. Such structure will not be considered a
mobile home for purposes of this chapter if it is placed on a permanent
foundation and modified to meet applicable building code requirements
for a residential structure.
MUSEUM
A building serving as a repository for a collection of natural,
scientific or literary curiosities, objects of interest or works of
art, and arranged, intended and designed to be used by members of
the public for viewing, with or without an admission charge, together
with customary accessory uses, including, for example, retail sale
of goods to the public; cafe food service, art, dance and music performances,
literary readings, and showing of films.
NEIGHBORHOOD RETAIL
A store serving the local retail business needs of the residents
of the neighborhood, including but not limited to books, flowers,
clothing, groceries, and pharmaceuticals.
NONCONFORMING LOT
Any lot lawfully existing on record on the effective date
of this chapter, or any amendment thereto, that does not meet the
bulk and area requirements of this chapter for the zoning district
in which such lot is situated as a result of the enactment.
NONCONFORMING STRUCTURE
Any building lawfully existing on the effective date of this
chapter, or any amendment thereto, that does not meet the bulk and
area requirements of this chapter for the zoning district in which
such building is situated as a result of the enactment.
NONCONFORMING USE
Any use lawfully existing on the effective date of this chapter,
or any amendment thereto, that does not conform to the district use
regulations of this chapter for the zoning district in which such
use is situated as a result of the enactment.
NURSING HOME
An institution, licensed by the State of New York, which
provides nursing care and related medical services on a twenty-four-hour
basis to primarily nontransient clients for remuneration.
OFFICE PARK
A group of two or more principal buildings and their accessory
uses, together with any open space remaining, located on one lot,
which buildings have a unified site plan and shall be designed to
function as one project. The buildings in an office park shall be
occupied or used principally for businesses or professional offices
that are designed, constructed, and maintained on a coordinated basis.
OPEN SPACE
That portion of the lot that is unencumbered by any structure
or any other impervious surface.
PARKS, OPEN SPACE AND RECREATION
Those areas owned or used by the City, other public entity
or government, or nonprofit organizations that are devoted to parks,
playgrounds, recreation areas, nature preserves, or open space.
PERSONAL SERVICES
An establishment that is primarily engaged in frequent or
recurring provision of individual services generally related to personal
needs, and is not separately defined herein. These uses may also include
accessory retail sales of products related to the service provided.
Examples of personal services include but are not limited to: barbershops,
nail salons, massage facilities, tailors.
PROFESSIONAL OFFICE
The office of a member of a recognized profession maintained
for the conduct of that profession in any of the following related
categories: architectural, engineering, planning, law, interior design,
accounting, insurance, real estate, medical, dental, optical, or any
similar type of profession.
PUBLIC UTILITY
Any person, firm, corporation, or governmental agency duly
authorized to furnish to the public, under governmental regulation,
electricity, gas, water, sewage treatment, steam, cable television,
telephone, or telecommunications but shall not mean any person or
entity that provides wireless telecommunication services to the public.
RECREATIONAL VEHICLE
A vehicular unit, which is designed as a temporary dwelling
for travel, recreational, and vacation use, and which is self-propelled,
mounted on, or pulled by another vehicle. Examples include, but are
not limited to a travel trailer, camping trailer, truck camper, motor
home, fifth-wheel trailer, or van camper.
RESIDENTIAL CARE FACILITY
A supervised residential board and care establishment, used
as a group residence or extended care facility for the care of persons,
where compensation and/or reimbursement of costs is paid to an operator,
pursuant to state or federal standards, licensing requirements, or
programs funding residential care services. The residential care facility
provides common eating facilities for residents and common meeting
or social or recreation areas. Such housing may also include daily
activity assistance, such as dressing, grooming, bathing, etc.
RESTAURANT
Any establishment where the principal use is the preparation
and sale of food and beverages to customers seated at a table or counter,
served by a waiter or waitress, or at a buffet for consumption of
the food on the premises. A restaurant may include the serving of
alcoholic beverages and the provision of carry-out food service if
they are incidental to the consumption of food and beverages. The
term "restaurant" does not include a business whose principal operation
is as a bar, cabaret, carry-out food service, or a fast-food establishment.
RESTAURANT, CARRY-OUT
Any establishment where food and/or beverages are prepared
and served in a ready-to-consume state and whose design or principal
method of operation includes one or both of the following characteristics:
customers order from a menu board or serve themselves from a buffet
and principally carry out their food and/or beverages for consumption
off premises.
RESTAURANT, FAST-FOOD
Restaurants where most customers order and are served food
inside the premises at a counter, to be taken to a table for consumption
or in packages prepared to leave the premises. See "drive-thru" for
where customers are served their food in a motor vehicle through a
service window, in packages prepared to leave the premises.
RETAIL
A business that sells goods directly to the general public,
for business, personal or household consumption, where such goods
are available for immediate purchase and removal from the premises
by the purchaser and are not defined elsewhere in this chapter. Retail
businesses include but are not limited to hardware stores, liquor
stores, newsstands, shoe stores, stationery stores, convenience stores.
RIGHT-OF-WAY
A legal right that allows for passage over another person's ground. As used in §
300-21, a parcel of property over which pedestrians or vehicles may legally pass over or through for purposes of public travel.
[Added 11-23-2020 by Ord.
No. 10-2020]
ROOMING HOUSE
Any dwelling, other than a boardinghouse, within which are
boarding units rented individually and occupied for sleeping and/or
living purposes to nontransient occupants. No common rooms are provided
for the use of the residents.
SCHOOL OF GENERAL INSTRUCTION (EDUCATIONAL SERVICES)
Any public school operated under the laws of the State of
New York or nonpublic school offering courses in general instruction
at least five days per week and seven months per year and generally
serves students in grades corresponding to Pre-K through 12th grade.
SELF-STORAGE
A building or group of buildings consisting of individual,
self-contained units leased to individuals, organizations, or businesses
for storage of personal property.
SETBACK
The horizontal distance from such lot line to the part of
the building which is nearest to such line.
SHOPPING CENTER
An area planned, as a whole with one site plan approval,
for occupancy by three or more retail stores, light industrial uses,
or professional offices with common accessory parking, that are designed,
constructed, and maintained on a coordinated basis.
SHORT-TERM, IN-HOME LODGING
Lodging for paying guests for no more than one room and no
more than three guests and for no more than 15 days is allowed without
registration. (See "bed-and-breakfast.")
SIGN
Includes every sign, billboard, general sign, wall sign,
roof sign, illuminated sign, projecting sign, temporary sign, marquee
and canopy and shall include any announcement, declaration, demonstration,
display, illustration or insignia used to advertise or promote the
interests of any person when the same is placed out-of-doors in view
of the general public.
STORAGE YARD
A building or area of land where a person, firm or corporation
engaged in the construction business, or a related field, stores building
materials, equipment and supplies exclusively in the business as a
contractor.
STORY
The portion of a building which is between one floor level
and the next higher floor level, or the roof. If a mezzanine floor
area exceeds 1/3 of the area of the floor immediately below, it shall
be deemed to be a story. A basement shall be deemed to be a story
when its ceiling is six or more feet above the finished grade. A cellar
shall not be deemed to be a story if unfinished and without human
occupancy.
STORY, HALF
A story under a gable, hip, or gambrel roof, the wall plates
of which on at least two opposite exterior walls are not more than
two feet above the floor of such story.
STREET
A public or private way which affords the principal means
of access to abutting properties.
TATTOO PARLOR
Any building or premises in which a tattooist lawfully conducts
his or her practice of marking a body with indelible ink or pigments.
TAXI SERVICE
A service that offers transportation in motor vehicles to
persons for compensation. The business may include facilities for
servicing, storing, and fueling the vehicles.
TECHNICAL SCHOOL
A school established to provide for the teaching of industrial,
clerical, managerial, trade, or artistic schools.
THEATER/AUDITORIUM
A place of public assembly used for spectator presentations
including movie or professional theater, indoor concert venue or other
performance with temporary or permanent seating, for admission to
which an entrance fee is received.
TOWNHOME
See "dwelling, row or attached."
TRAILER
Any vehicle without motive power, designed to be towed by
a motor vehicle, except as defined elsewhere herein.
TRANSIENT
Temporary daily or weekly occupancy.
USE, ACCESSORY
A use that is clearly incidental to the principal use of
a building or lot.
WHOLESALE
An establishment primarily engaged in the display, storage,
distribution and sale of merchandise to retailers, to industrial,
commercial, institutional, or professional business users, or to other
wholesalers, or acting as agents or brokers and buying merchandise
for or selling to such individuals or companies. Such establishments
are not generally open to the general public.
YARD (FROM REAR, SIDE)
The portion of the lot between the lot line and the required
setback; or if no minimum setback is required the portion of the lot
between the lot line and the facade of the building.