Definitions. Unless otherwise expressly stated, the following terms
shall, for the purposes of this chapter, have the meanings herein
indicated:
ACCESSORY STRUCTURE OR USE
A structure or use customarily incidental and subordinate
to the principal building or use and located on the same lot with
such principal building or use.
ALCOHOLIC BEVERAGE PRODUCTION AND SALE FACILITY
"Alcoholic beverage" or "beverage" means and includes alcohol,
spirits, liquor, wine, beer, cider and every liquid, solid, powder
or crystal, patented or not, containing alcohol, spirits, wine or
beer and capable of being consumed by a human being, and any warehouse
receipt, certificate, contract or other document pertaining thereto;
except that confectionery containing alcohol as provided by Subdivision
12 of § 200 of the Agriculture and Markets Law and ice cream
and other frozen desserts made with wine as provided in Subdivision
15 of § 200 of the Agriculture and Markets Law shall not
be regulated as an "alcoholic beverage" or "beverage" within the meaning
of this section where the sale, delivery or giving away is to a person
aged 21 years or older. The sale, delivery or giving away of ice cream
made with wine to a person under the age of 21 years may be prosecuted
administratively and/or criminally in accordance with the provisions
of this chapter. Can be in conjunction with a bar, tavern, or restaurant
use.
[Added 6-16-2020 by Ord. No. 5-2020]
ALTERATION
As applied to a building or structure, a change or rearrangement
in the structural parts of a building or an enlargement, whether by
extending on the front, rear or on a side, or by increasing the height
or the moving of such structure from one location or position to another.
ALTERNATE-CARE FACILITY
A facility designed for housing alternate-care facility clients
who are unable to live and work independently at a particular time
and for the providing for his or her specific needs. For purposes
of this chapter, "alternate-care facility" includes the following
specific types of supervised facilities. See individual definitions
for the following:
(3)
Supervised living facility.
(4)
Supportive living facility.
(6)
Housing for the disabled.
(7)
Rehabilitation services facility.
AMPHITHEATER
An outdoor area or structure specifically designed as a place
for events, plays, and movies.
AMUSEMENT, INDOOR COMMERCIAL
The serving of food or the sale of equipment related to the
enclosed uses. Included in this definition shall be bowling, roller-skating
or ice-skating, billiards, pool, and dancing halls.
ANIMAL HOSPITAL
Any building or portion of a building designed or used for
the care, observation, or treatment of domestic animals.
AREA AND BULK REGULATIONS
The combination of controls, which establish the minimum
size of a lot and the maximum size of a building and its location
on such lot.
ARTIST'S STUDIO
Work space for artists or artisans, including individual
practicing one of the fine arts or skilled in an applied art or craft.
ATHLETIC FACILITY
An athletic recreational use conducted indoors or out, including
athletic fields, skateboard park, swimming, bathing, gymnasium, tennis,
handball, basketball courts, batting cages, trampoline facilities.
AUDITORIUM
A building or structure designed or intended for use for
the gathering of people as an audience to hear music, lectures, plays,
and other presentations.
AUTOMOBILE BODY SHOP
A facility for vehicular body work, including painting thereof
by any means; any rebuilding, reconditioning or collision services
involving frame and fender straightening or repair, or any dismantling
or disassembly of frame or exterior parts is not an automobile service
station.
AUTOMOBILE SALES
Storage and display for sale of more than two motor vehicles
or any type of trailer, provided the trailer is unoccupied.
AUTOMOBILE SERVICE STATION (MAJOR)
A facility that is used for major vehicular repairs, rebuilding,
removal of parts and the sale of gasoline or any other motor vehicle
fuel and oil and other lubricating substances, including the sale
of motor vehicle accessories, and which include facilities for lubricating.
AUTOMOBILE SERVICE STATION (MINOR)
A facility for the sale of gasoline or any other motor vehicle
fuel and oil and other lubricating substances, including the sale
of motor vehicle accessories, and which may include facilities for
lubricating and other minor servicing of motor vehicles.
BANK
A building that is open to the public and engaged in deposit
banking, and that performs closely related functions such as making
loans, investments, and fiduciary activities.
BANQUET HALL
An establishment which is rented by individuals or groups
to accommodate private function, including, but not limited to, banquets,
weddings, anniversaries and other similar celebrations. Such a use
may or may not include:
(1)
Kitchen facilities for the preparation or catering of food;
(2)
The sale of alcoholic beverages for on-premise consumption,
only during scheduled events and not open to the general public; and
(3)
Outdoor gardens or reception facilities.
BASEMENT
A story partly underground but having at least 1/2 of its
height above the average level of the adjoining ground.
BED-AND-BREAKFAST ESTABLISHMENT
An owner-occupied private dwelling in which at least one
and not more than four rooms are offered for rent for transient occupancy,
in which overnight lodging and breakfast are offered to such occupant
and in which no public restaurant is maintained.
BILLBOARD (SIGN ADVERTISING)
A sign or structure which directs attention to a product,
business activity, service or entertainment which is primarily conducted,
sold or offered elsewhere than upon the premises on which such sign
is located, or to which it is affixed.
BOARD OF APPEALS
The Zoning Board of Appeals of the City of Amsterdam as provided for in Article
XI of this chapter.
BOARDINGHOUSE or ROOMING HOUSE
An owner-occupied, private dwelling in which at least two
but not more than six rooms are offered for rent, whether or not table
board is furnished to lodgers, and in which no transients are accommodated
and no public restaurant is maintained.
BUFFER ZONE
A strip of land, identified in the chapter, established to
protect one type of land use from another with which it is incompatible.
BUILDABLE AREA
The space remaining on the lot after the minimum open space
requirements (coverage, yards, setbacks) have been met.
BUILDING
Any structure of more or less permanent construction, which
is permanently affixed to the land, wholly or partially enclosed within
exterior walls and a roof affording shelter to persons, animals, property
or business activity and requires a building permit.
BUILDING COVERAGE
The amount of land covered or permitted to be covered by
a building or buildings, measured in terms of a percentage of total
lot area. Such coverage shall be measured on a horizontal plane at
mean grade level and excludes uncovered porches, terraces and steps.
BUILDING INSPECTOR
That City employee(s) appointed by the Mayor and charged
with the responsibility of administering and enforcing this chapter
as well as the New York State Uniform Fire Prevention and Building
Code, related § 7302 of the New York State Education Law and other related regulations pertaining to the development
of structures and use of land within the City of Amsterdam, which
employee shall be certified as a Building Official by the New York
State Building Codes Council.
BUS LOT
A lot or land area used for the storage or layover of passenger
buses or motor coaches.
CAR WASH
The use of a site for washing and cleaning of passenger vehicles,
recreational vehicles, or other light duty equipment.
CELLAR
A story partly or entirely below grade, which has more than
1/2 of its height, measured from floor to ceiling, below the average
level of the adjoining ground.
CEMETERY
Land used or dedicated to the burial of the dead, including
crematoriums, mausoleums, necessary sales, and maintenance facilities.
CERTIFICATE OF OCCUPANCY
Official certification that a premise conforms to the provisions
of this chapter, the Building Code, and other applicable regulations and may be used or occupied.
CHANGE IN LAND USE
Any proposed land use change, which is allowable in the current
zone but listed as a different use.
CHILD CARE
A facility that provides a program of care for children away
from their home for more than three hours but less than 24 hours a
day, and is operated in accordance with all applicable New York State
and federal rules regulations and laws. Child care facilities may
include:
(1)
CHILD DAY-CARE CENTERA New York State licensed program or facility, which is not a residence in which child day care is provided on a regular basis to more than six children for more than three hours per day, per child for compensation or otherwise, as regulated by New York State Social Services Law.
(2)
FAMILY DAY-CARE HOMEA New York State registered program operated in a family home in which child day care is provided on a regular basis to three to six children for more than three hours per day per child, for compensation or otherwise as regulated by New York State Social Services Law.
(3)
GROUP FAMILY DAY-CARE HOMEA New York State licensed program operated in a family home in which child care is provided on a regular basis for seven to 12 children for more than three hours per day per child for compensation or otherwise as regulated by New York State Social Services Law.
CHURCH
A building used for nonprofit purposes by a recognized and
legally established sect solely for the purpose of worship.
CIVIC CENTER
An area developed or to be developed with any of the following
public buildings or uses, including offices, libraries, playgrounds,
parks, assembly halls, police stations, fire stations.
CLUB, MEMBERSHIP
Premises of an organization of persons who meet periodically
to promote some nonprofit social, educational, athletic, service or
recreational objective and who cater exclusively to members and their
guests.
CLUSTER DEVELOPMENT
A development pattern in which uses are grouped clustered
through a density transfer within a particular development, rather
than spread evenly throughout a parcel as in conventional lot-by-lot
development.
COMMERCIAL
Any activity conducted with the intent of realizing a profit
from the sale of goods and services to others.
COMMUNICATION FACILITIES
Such uses and structures as radio and television transmitting
and receiving antennas, radar stations, and microwave towers.
COMMUNITY PARK or PLAYGROUND
Land managed by the public and set aside for public use which
may or may not have developed recreational facilities, such as playground,
tennis courts, horse and bike trails, baseball fields, picnic areas,
swimming pools, and/or bathrooms.
COMMUNITY RESIDENCE
A dwelling providing room and board, recreation and rehabilitative
services for the mentally disabled under responsible supervision.
COMPREHENSIVE PLAN
A document or series of documents prepared and adopted by
the Planning Commission setting forth policies for the future growth
and development of the City. Such plan may be endorsed or adopted
by the Common Council. Formerly referred to as the "master plan."
CONDOMINIUM
Multiple form of housing units in which the individual owns
their own unit and a proportionate share of the common elements. Maintenance
of the common elements is administered by the homeowners' or condominium
association.
CONFERENCE CENTER
A facility used for service organizations, business and professional
conferences, and seminars. Accommodations can include sleeping, eating,
and recreation.
CONTRACTOR'S STORAGE YARD
Any space, whether inside or outside a building, used for
the storage or keeping of construction equipment, machinery or vehicles
or parts thereof which are in active use by a construction contractor.
CONVENIENCE FOOD STORE
A facility of 3,000 square feet or less of gross floor area
with any combination of the following primary characteristics:
(1)
Retail sale of food and beverages for consumption off-premises;
(2)
Sale of prepared foods, such as sandwiches, soups, ice cream,
etc., for consumption on or off the premises, and may include indoor
seating for such purposes; and/or
(3)
Sale of gasoline or other fuel, oil or other lubricating substances
or other motor vehicle accessories and generally of a self-service
type.
CONVERSION
A change in use or occupancy of a building, generally by
alteration or by other reorganization, as to increase the number of
families or dwelling units within a structure.
COPY SHOP
A facility for the reproduction and copying of printed material
or drawings. This does not include sign shops, or similar large-scale
operations.
COUNTRY CLUB
A club with recreation facilities for members, their families,
and invited guests.
CREMATORIUM
A location containing properly installed, certified apparatus
intended for the use in the act of cremation.
CULTURAL FACILITY
Services to the public, such as, but not limited to, museums,
art galleries, and libraries by a public or private, nonprofit facility.
DENSITY (NET)
The ratio of lot area per family or dwelling unit on a lot.
DEVELOPMENT
The establishment of a use on a lot or in relation to a structure
or the erecting or structural alteration of a structure.
DISTRICT (ZONING or OVERLAY)
An area or zone of the City within which uniform requirements
regulate the use of land and the height, bulk, density and setback
of a structure.
DRIVE-IN ESTABLISHMENT
A premises constructed to cater to the motoring public, whether
or not serving pedestrians as well as automobile trade, and used for
the sale to the public of any product and providing curb or window
service.
DWELLING
A permanent building designed or used principally as the
independent living quarters for one or more families.
DWELLING UNIT
A building or entirely self-contained portion thereof containing
complete, separate, independent housekeeping facilities for only one
family, including any domestic servants employed on the premises and
having no enclosed space (other than vestibules, entrance or other
hallways or porches) or cooking or sanitary facilities in common with
any other dwelling unit. A boardinghouse, dormitory, motel, inn, nursing
home, fraternity, sorority or other similar building shall not be
deemed to constitute a dwelling unit.
DWELLING, MULTIPLE-FAMILY
A detached, semidetached or attached building or portion
thereof, which contains three or more dwelling units.
ENTERTAINMENT, LIVE
A musical, theatrical, dance, cabaret, or comedy act performed
by one or more persons. Any form of dancing by patrons and guests
at an eating or drinking establishment or bar is live entertainment.
EQUIPMENT RENTAL
The temporary leasing of tools, materials, or construction
equipment, excluding equipment used for excavation, grading, or similar
tasks or processes.
FAMILY
One or more than one person occupying a dwelling unit and
living as a single nonprofit housekeeping unit with not more than
four roomers, boarders or lodgers. A roomer, lodger or boarder residing
with a family shall mean a person or group of persons residing within
a household, not related by blood, marriage or adoption to the nonprofit
housekeeping unit who pay a valuable consideration for such residence
and who do not occupy such space within the household as an incident
of employment herein.
FAMILY-CARE HOUSING
A dwelling providing room, board and supervision for patients
who are maintained on an inpatient status by a state-operated psychiatric
facility.
FENCE
An unroofed, enclosing structure erected for the purpose
of preventing passage or view.
FINANCIAL INSTITUTION
Any trust company, savings bank, industrial bank, savings
and loan association, building and loan association, commercial bank,
credit union, federal association, investment company, or other business
association, which is chartered under federal or state laws, solicits,
receives, or accepts money or its equivalent on deposit and loans
money as a regular basis.
FLOOD, ONE-HUNDRED-YEAR
The highest level of flood that, on the average, is likely
to occur once every 100 years (i.e., that has a one-percent chance
of occurring each year). The official source of the one-hundred-year
flood information shall be the Flood Insurance Rate (F.I.R.M.) Map.
FLOODPLAIN AREA WITH SPECIAL FLOOD HAZARDS
Maximum area of the floodplain that, on the average, is likely
to be flooded once every 100 years (i.e., that has a one-percent chance
of being flooded every year). The official source of the special flood
hazard area information shall be the Flood Insurance Rate (F.I.R.M.)
Map.
FLOODPROOFING
Any combination of structural and nonstructural additions,
changes or adjustments to properties and structures which reduce or
eliminate flood damage to lands, water and sanitary facilities, structures
and contents of buildings.
FLOODWAY
The channel of a river or other watercourse and the adjacent
land areas required to carry and discharge a flood of a given magnitude.
FLOOR AREA
The sum of the gross horizontal area of the floor or floors
of a building as measured from the exterior faces of exterior walls
or from the center line of walls separating two buildings. Floor space
shared in common with other dwelling units or used for storage purposes
or the operation and maintenance of the building shall not be included
in computing floor area.
FLOOR AREA, LIVABLE
The sum of the gross horizontal area of a dwelling unit measured
from the exterior walls or from the center of a party wall, excluding
roof, cellar and garage. Livable floor area shall include spaces such
as utility rooms, bathrooms, closets, hallways and attic space having
a clear height of at least six feet from the finished floor level
to pitch of roof rafter, with a clear height of seven feet six inches
from the finished floor level to the ceiling level over 50% of the
area of such attic space.
FRONTAGE
That side of the lot nearest the street right-of-way. A corner
lot shall be considered to have two such frontages.
FUNERAL HOME
A building used for the preparation of the deceased for burial
and display of the deceased and rituals connected therewith before
burial or cremation.
GARAGE, DETACHED
A detached structure not to exceed 500 square feet, which
is accessory to a single detached dwelling unit to which there is
legal vehicular access from a public right-of-way, designed for the
storage of motor vehicles or boats of the residents of the single
detached dwelling.
GARAGE, PRIVATE
An enclosed space for the storage of one or more vehicles,
provided that no business, occupation or service is conducted for
profit therein nor space therein for more than one car is leased to
a nonresident of the premises.
GARAGE, REPAIR
See "automobile service, major" and "automobile services,
minor."
GARDEN CENTER
A place of business where retail and wholesale products and
produce are sold to the consumer. These centers which may include
a nursery and/or greenhouses, import most of the items sold, and may
include plants, nursery products and stock, potting soil, hardware,
power equipment and machinery, hoes, rakes, shovels, and other garden
and farm variety tools and utensils.
GARDENING
Private raising of plants, flowers, fruit and vegetables.
GOLF COURSE
An area or course for playing golf, consisting of at least
nine holes, except miniature golf, within which the playing area is
not artificially illuminated.
GOVERNMENTAL BUILDING
A building or structure owned, operated, or occupied by governmental
agency to provide governmental service to the public.
GRADE, FINISHED
The elevation at which the finished surface of the surrounding
lot intersects the walls and supports of a structure.
HALFWAY HOUSE
A community residence providing twenty-four-hour on-site
responsible supervisory staff for short-term residents.
HEALTH CLUB
A facility where members or nonmembers use equipment or space
for the purpose of physical exercise.
HEIGHT, BUILDING
The vertical distance measured from the mean elevation of
the finished grade along the side of the building with the lowest
finished grade to the highest point on the coping of a flat roof,
to the deck line of mansard roofs and the average height between eaves
and ridge for gable, hip and gambrel roofs, but not including chimneys,
spires, towers, elevator penthouses, tanks and similar projections.
HELIPORTS
An area designed to be used for the landing or takeoff of
helicopters, including operations facilities, such as maintenance,
loading and unloading, storage, fueling, or terminal facilities.
HOME IMPROVEMENT STORE
The retail sale of a diverse range of hardware and related
materials generally used in the maintenance, repair, or construction
of buildings or other structures, including lawn and garden supplies.
HOME OCCUPATION
A profession or other occupation customarily conducted within a dwelling by one or more resident members of the family residing therein and clearly incidental and secondary to the principal use of the lot for residential purposes. The term "home occupation" shall include the provision of day-care services for four or fewer children, who are not residents of the dwelling. (See §
250-45 Home occupations and home offices, for specific regulations).
HOME OFFICE
An office for record keeping, administration of work and
computer-related work, which is clearly incidental and secondary to
the principle use of the lot for residential purposes. A home office
shall be operated by and employ only residents of the dwelling unit.
HOSPITAL
A building containing beds for four or more human patients
and used for temporary occupation by the sick or injured, the medical
diagnosis, treatment or other care of human ailments. For purposes
of this chapter, the term "hospital" shall not include the term "alternate
care housing."
HOTEL
A multiple dwelling or any part thereof which contains living
and sleeping accommodations for transient occupancy, has a common
exterior entrance or entrances and which may contain one or more dining
rooms.
HOUSING FOR THE DISABLED
A facility for those persons who are unable to function in
society without assistance and/or supervision because of their physical,
mental, or emotional deficiencies.
JUNKYARD
An area of land with or without buildings used for or occupied
by a deposit, collection or storage, outside a completely enclosed
building, of used or discarded materials such as wastepaper, rags
or scrap material; or used building materials, house furnishings,
machinery or parts thereof with or without dismantling, processing,
salvage, sale or other use or disposition of the same.
JUNKYARD, MOTOR VEHICLE
An area of land with or without buildings used for or occupied
by a deposit, collection or storage, outside a completely enclosed
building, of used or discarded motor vehicles or parts thereof; with
or without the dismantling, wrecking, salvage, sale or other use or
disposition of the same. A deposit, collection or outdoor storage
on a lot of one or more motor vehicles no longer in condition for
legal use on the public highways or parts thereof for one week or
more in a residential district or for three weeks or more in any nonresidential
district shall constitute a motor vehicle junkyard.
KENNEL
A structure used for the harboring for hire of four or more
dogs or cats, more than six months old.
LAUNDRY FACILITY
A business devoted to the cleaning of clothes, fabrics or
garments; either by means of self-service or drop-off.
LICENSED ADULT-USE CANNABIS ON-SITE CONSUMPTION FACILITY
A facility or business at which the consumption of cannabis
is allowed pursuant to a lawfully issued license for an adult-use
cannabis on-site consumption location under the NY Cannabis Law and
regulations promulgated thereunder.
[Added 6-20-2023 by L.L. No. 1-2023]
LICENSED ADULT-USE CANNABIS RETAIL DISPENSARY
A facility or business engaged in the acquisition, possession,
sale, and delivery of cannabis to cannabis consumers pursuant to a
lawfully issued license for an adult-use cannabis retail dispensary
under the NY Cannabis Law and regulations promulgated thereunder,
and not including any licensed adult-use cannabis on-site consumption
facility.
[Added 6-20-2023 by L.L. No. 1-2023]
LOT
A portion or parcel of land having defined boundaries and
considered as a unit, devoted to a specific use or occupied by a structure
or group of structures that are united by a common interest, use or
ownership and including customary accessory structures, uses, open
spaces and yards.
LOT AREA
The total area of a lot within lot lines.
LOT DEPTH
The minimum horizontal distance from the street line of a
lot to the rear lot line of such lot, measured in the general direction
of the side lot lines.
LOT OF RECORD
A legally existing lot at the time of adoption of this chapter
duly filed and recorded in the Montgomery County Clerk's office as
either an individual parcel of land or part of an approved subdivision.
LOT WIDTH
The minimum horizontal distance between the side lot lines
measured at right angles to the lot depth.
LOT, CORNER
A lot abutting upon two or more streets at their intersection
or upon two parts of the same street, such streets or parts of the
same street forming an interior angle of less than 135°. The point
of intersection of the street right-of-way lines is the corner.
LUMBERYARD
An establishment where lumber and other building materials,
such as brick, tile, cement, insulation, roofing materials, and the
like, are sold at retail.
MACHINE SHOP
Shops where lathes, presses, grinders, shapers, and other
wood- and metal-working machines are used such as blacksmith, tinsmith,
welding, and sheet metal shops; plumbing, heating, and electrical
repair shops; and overhaul shops.
MAIL SERVICES
A commercial business which conducts the retail sale of stationary
products, provides packaging and mail services (both United States
Postal Service and private service), and provides mailboxes for lease.
MANUFACTURING, CANNABIS
A facility or business that cultivates, processes, packages
cannabis, which may deliver cannabis to cannabis establishments or
to transfer cannabis to other establishments, but not to consumers,
pursuant to a lawfully issued license for cannabis cultivation and/or
cannabis processing under the NY Cannabis Law and regulations promulgated
thereunder.
[Added 6-20-2023 by L.L. No. 1-2023]
MANUFACTURING, HEAVY
An establishment engaged in manufacturing, assembly, fabrication,
packaging, or other industrial processing of products primarily from
extracted or raw materials or the bulk storage and handling of such
products and materials, or an industrial establishment having potential
to produce noise, dust, glare, odors or vibrations beyond its property
line. This term includes but is not limited to: chemical manufacturing;
stone work or concrete product manufacturing; fabrication of metal
products; manufacturing of agricultural, construction, or mining machinery;
motor vehicle manufacturing; lumber milling; ship or boat construction;
and permanent concrete/batch plant. Cannabis-related manufacturing
and production activities are expressly excluded from the instant
definition.
[Amended 6-20-2023 by L.L. No. 1-2023]
MANUFACTURING, LIGHT
Establishments, engaged in the product assembling, mixing
or treatment of raw material or agricultural commodities, or manufacturing
of products together to form a noncombustible and nonexplosive product.
Product packaging, including bottling, canning, packing, wrapping,
and boxing of products assembled or manufactured off site. The assembling
or packaging shall not produce noise, vibration, hazardous waste materials,
or particulate that creates significant negative impacts to adjacent
land uses. Odors produced on site shall not negatively affect other
businesses or properties in the area. Examples of assembling include,
but are not limited to, the production of the following: clothes,
furniture (where wood is milled off site); pharmaceuticals; hardware;
toys; mechanical components; electric or electrical components; small
vehicle assembly; agricultural commodities; and computer software.
Examples of packaging include facilities for bottling beverages, canning
and wrapping foods and agricultural commodities, and boxing electrical
components. Cannabis-related manufacturing and production activities
are expressly excluded from the instant definition.
[Amended 6-16-2020 by Ord. No. 5-2020; 6-20-2023 by L.L. No. 1-2023]
MAUSOLEUM
A building containing above-ground tombs.
MINING AND MINERAL EXTRACTION
Underground excavation of materials used for sale, exchange,
or commercial usage. A permit from NYS DEC is required for any proposed
excavation exceeding 1,000 tons or 750 cubic yards, whichever is greater,
within a twelve-month period.
MOBILE HOME/MANUFACTURED HOUSING
A factory-built, single-family structure with a permanent
chassis, transportable in one or more sections, which is equipped
for year-round occupancy and contains the same plumbing, heating and
electrical systems as immobile housing. A mobile home/manufactured
house meets the National Manufactured Home Construction and Safety
Standards Act, commonly known as the HUD code.
MOTEL
A multiple dwelling, intended for transient occupancy primarily
by motorists, not over two stories in height, in which the exit from
each dwelling unit or sleeping room is directly to the exterior, including,
but not limited to, such terms as "motor court," "motor hotel" or
"tourist court."
NONCONFORMING BUILDING OR USE
An existing building which does not conform to the district
regulations for lot area, width or depth, front, side or rear yards;
maximum height; lot coverage; or minimum livable floor area per dwelling
unit after the adoption or amendment of this chapter or an existing
use which does not conform to the applicable use regulations for the
district in which such use is located after the adoption or amendment
of this chapter.
NURSERY
Any land used to raise trees, shrubs, flowers, and other
plants for sale or for transplanting.
NURSING HOME
A type of alternate-care facility, which provides lodging,
meals and continuing nursing care for compensation to convalescent
or chronically ill persons. Includes "convalescent home" and "rest
home."
OFFICE, MEDICAL
A building used exclusively by physicians, dentists, and
similar personnel for the treatment and examination of patients solely
on an outpatient basis, provided that no overnight patients shall
be kept on the premises.
OFFICE, PROFESSIONAL
Professional or government offices, including: accounting,
auditing and bookkeeping services, advertising agencies, architectural,
engineering, planning, and surveying services; counseling services;
court reporting services; data processing and computer services; detective
agencies and similar services; educational, scientific, and research
organizations; employment, stenographic, secretarial, and word processing
services; government offices, including agency and administrative
office facilities; management, public relations, and consulting services;
photography and commercial art studios; writers' and artists' offices
outside the home.
OPEN AREA, REQUIRED
Area of a lot, which shall be a properly maintained combination
of natural, not artificial, lawn, trees, shrubs and other plant material.
PARKING LOT
Land which is open and used to provide four or more off-street
parking spaces.
PARKING SPACE, OFF-STREET
A space which is out of the public right-of-way and is available
and adequate for the parking of one motor vehicle.
PARKING STRUCTURE
A structure or portion thereof composed of one or more levels
or floors used exclusively for the parking or storage of motor vehicles.
A parking structure may be totally below grade (as in an underground
parking garage) or either partially or totally above grade with those
levels being either open or enclosed.
PERSONAL SERVICE ESTABLISHMENT
An establishment which offers specialized goods and services
purchased frequently by the consumer. Included are barbershops, beauty
shops, massage facilities, chiropractic clinics, garment repair, laundry
cleaning, pressing, dyeing, tailoring, shoe repair, and other similar
establishments.
PLANNED DEVELOPMENT
A structure or group of structures designed to be maintained
and operated as a unit in single ownership or control by an individual,
partnership, corporation or cooperative and which has certain facilities
in common, such as yards, open space, recreation areas, garages and
parking facilities.
PREMISES
A lot together with all the structures and uses thereon.
PRINT SHOP
An establishment in which the principle business consists
of duplicating and printing services using photocopy, blueprint, or
offset printing equipment, including publishing, binding, and engraving.
PROHIBITED USE
Any use which is not listed as a permitted, special or accessory use in the use regulations in Article
III of this chapter shall be considered a prohibited use under this chapter.
PUBLIC UTILITY
Any person, firm, corporation or governmental agency, duly
authorized to furnish the public, under governmental regulation electricity,
gas, water sewage treatment, steam, cable television, or related communication
service. This definition shall not bestow any special status or standing
not already provided by state or federal law.
RECREATION, COMMERCIAL
Recreational uses conducted indoors or out, including, but
not limited to, miniature golf, laser tag, amusement parks, and motorized
cart tracks.
RECREATIONAL VEHICLE
A vehicular type portable structure without permanent foundation
that can be towed, hauled or driven and primarily designed as a temporary
living accommodation for recreation, camping and travel use and including,
but not limited to, travel trailers, truck campers; camping trailers
and self-propelled motor homes.
RECYCLING FACILITY
Any location whose primary use is where waste or scrap materials
are stored, bought, sold, accumulated, exchanged, packaged, disassembled,
or handled, including, but not limited to, scrap metals, paper, bottles,
and other such materials.
REHABILITATION SERVICES FACILITY
A professionally planned and operated treatment facility
designed to improve the functioning of physically, mentally or emotionally
disabled persons in their skills of daily living.
REPAIR SERVICES
Establishments primarily engaged in the provision of repair
services to individuals and households, rather than businesses, but
excluding automotive repair. Typical uses include appliance repair
shops, shoe repair, and watch or jewelry repair shops.
RESEARCH AND DEVELOPMENT FACILITY
An establishment which conducts research, development, or
controlled production of high-technology electronic, industrial, or
scientific products or commodities for sale or laboratories conducting
educational or medical research or testing. This term includes, but
is not limited to, a biotechnology firm or a manufacturer of nontoxic
computer components.
RESIDENTIAL DISTRICT
For purposes of this chapter, the Low Density (LD), Medium
Density (MD) and Medical Residential (M/R) Zoning Districts shall
be construed to be primarily residential districts. The Employment
District (ED) and the Downtown Core (DC) allow residential uses.
RESTAURANT
A building or portion of a building wherein food and beverages
are available for on-site and off-site consumption.
RETAIL SALES ESTABLISHMENT
A commercial enterprise that provides goods and/or services
directly to the consumer, where such goods are available for immediate
purchase and removal from the premises by the purchaser.
SAUNA
A steam bath or heated bathing room used for the purpose
of bathing, relaxation, or reducing stress, utilizing steam or hot
air as a cleaning, relaxing, or reducing agent.
SCHOOL
An institution for the teaching of children or adults, including
primary and secondary schools, colleges, professionals schools, dance
schools, business schools, trade schools, art schools, and similar
facilities.
SELF-STORAGE FACILITY
A building separated into relatively small, lockable individual
units, typically with a garage-door-style opening, that provides storage.
SENIOR CITIZEN HOUSING
A housing facility consisting of more than one structure
on a single lot specifically designed to meet the needs of the elderly.
Dwellings, whether designed for single-family, two-family or multifamily
occupancy, designated exclusively for occupancy by elderly and physically
handicapped persons. Such housing typically has wider doorways, elevators
that can accommodate wheelchairs, special support and hand bars and
bathroom and kitchen facilities designated specifically for the elderly
or physically handicapped. The dwellings may also be supported by
personal care facilities, central recreation areas and accessory medical
facilities. Such housing may be private or subsidized under one or
more governmental programs.
SETBACK
The minimum horizontal distance from the front, side or rear
property line to any structure, roadway, parking area, accessory building
or other such improvement except necessary driveways.
SHED
An accessory building which is no larger than 12 feet by
12 feet by 12 feet.
SHOPPING CENTER
A group of commercial establishments planned, constructed,
and managed as a total entity with customer and employee parking provided
on site, provision for goods delivery separated from customer access,
aesthetic considerations, and protection from the elements.
SIDEWALK CAFE
An area adjacent to and directly in front of a street-level
eating or drinking establishment located within the sidewalk area
or pedestrian plaza area of the public right-of-way and used exclusively
for dining, drinking, and pedestrian circulation.
SIGN
Any material, structure or device or part thereof composed
of lettered or pictorial matter which is located out-of-doors or on
the exterior of any building, including illuminated window signs over
two square feet in area located within three feet of the window surface
and intended to be viewed from the exterior of the building, displaying
an advertisement, announcement, notice or name, and includes sign
frames, billboards, signboards, painted wall signs, hanging signs,
illuminated signs, canopies, awnings, pennants, fluttering devices,
projecting signs or ground signs and shall include any declaration,
demonstration, display, illustration or insignia used to advertise
or promote the interests of any person or business or cause when the
same is placed in view of the general public. However, a sign shall
not include any display of official court or public office notices
or any official traffic control device, nor shall it include the flag,
emblem or insignia of a nation, political unit, school or religious
group.
SIGN, ACCESSORY
A sign which directs attention to a business or profession
conducted or to a commodity, service or entertainment sold or offered
upon the premises where such sign is located or to which it is affixed.
SIGN, ILLUMINATED
A sign illuminated by electricity, gas or other artificial
light either from the interior or exterior of the sign, and including
reflective and phosphorescent light.
SIGN, NONACCESSORY
A sign or structure, including, but not restricted to, billboards,
which directs attention to any product, business activity, service
or entertainment which is primarily conducted, sold or offered elsewhere
than upon the premises where such sign is located or to which it is
affixed.
SIGN, OBSOLETE
A sign that advertises a nonexistent product, place, or event.
SIGN, SURFACE AREA OF
The entire area within a single, continuous perimeter enclosing
the extreme limits of such sign and in no case passing through or
between any adjacent elements of the same. However, such perimeter
shall not include any structural or framing elements lying outside
the limits of such sign and not forming an integral part of the display.
Only one side of a double-faced sign shall be included as surface
area of such sign.
SITE PLAN
That map or drawing and related development information submitted for review to the Planning Commission in accordance with the requirements and procedures specified in Article
VIII of this Zoning Ordinance.
SPECIAL USE or SPECIAL PERMITTED USE
A use which is deemed acceptable for the public welfare within
a given neighborhood, district or districts, but which is potentially
incompatible with other uses provided therein. The use shall be therefore
subject to approval by the Planning Commission and to conditions set
forth for such use as well as the other applicable provisions of this
chapter.
SPECIAL USE PERMIT
Permit issued by the Planning Commission according to the requirements and procedure established by Article
VII of this chapter, authorizing the commencement of a particular special use.
STORAGE, COMMERCIAL
The storage of goods or materials for sale in a business
located on the premises.
STORY
That part of any building, exclusive of cellars but inclusive
of basements, comprised between the levels of one finished floor and
the level of the next highest finished floor or, if there be no higher
finished floor, then that part of the building comprised between the
level of the highest finished floor and the top of the roof beams.
STREET
A public or private way, which affords the principal means
of access to abutting properties.
STREET LINE
The dividing line between a lot and a street right-of-way.
STRUCTURE
A static construction of materials, the use of which requires
a fixed location on the ground or attachment to an object having such
fixed location. Structures shall include, among others, buildings,
stadiums, sheds, storage bins, reviewing and display stands, platforms,
towers, walls, fences, swimming pools, gasoline pumps, billboards,
signs and mobile dwellings.
SUPERVISED LIVING FACILITY
A community residence or group home providing twenty-four-hour
on-site responsible supervisory staff for long-term residents.
SWIMMING POOL
Any swimming pool, tank, depression or excavation or other
structure, which shall cause the retaining of water to a greater depth
than 24 inches. The word "pool" shall be construed to mean "outdoor
water pool." "Swimming pool" shall not be construed to mean any natural
body of water or any body of water created and used for industrial
purposes.
TAVERN
An establishment used primarily for the serving of alcoholic
beverages by the drink to the general public and where food or packaged
alcoholic beverages may be served or sold only as an accessory to
the primary use.
TENNIS COURT
A commercial facility for the playing of tennis.
THEATER
An outdoor or indoor area, building, part of a building,
structure, or defined area utilized primarily for rehearsal or research
and development related to the presentation of film, television, music
video, multimedia, or other related activities.
TOWNHOUSE
A building containing two or more dwelling units, each of
which has primary ground floor access to the outside and which are
attached to each other by common walls without openings. A stand-alone
townhouse is considered a two-family dwelling, provided there are
no more than two dwelling units within the structure. Three or more
townhouse structures or dwelling units per lot are considered a multiple-family
dwelling.
TRANSPORTATION FACILITY
Individual modal or multi-modal conveyances and terminals;
within a corridor, facilities may be of local, regional, or statewide
importance. Examples of facilities are highways, rail transit lines,
transit stations, bicycle paths, and river ports.
USE
The specific purpose or activity, for which land or a building
is designed, arranged, intended or for which it is or may be occupied
or maintained.
VARIANCE
A modification of the use and/or area and bulk regulations of the zoning ordinance, subject to review by the Zoning Board of Appeals and to the specific requirements of Article
XI.
VARIANCE, AREA
A variance from the area and bulk requirements or supplementary regulations of a related character (such as amount, size, location or design of access, off-street parking, landscaping, signs) to authorize on a specific lot a permitted use which could not feasibly be established without relief from one or more of the dimensional requirements pertaining to the district. Subject to review by the Zoning Board of Appeals and to the specific requirements of Article
XI.
VARIANCE, USE
A variance from the use regulations to allow the establishment of a land use on a specific lot of a use otherwise prohibited in the zoning district. Subject to review by the Zoning Board of Appeals and to the specific requirements of Article
XI.
VOCATIONAL SCHOOL
A specialized instructional establishment that provides on-site
training to provide for the teaching of industrial, clerical, managerial,
or artistic skills.
WAREHOUSE, RETAIL
An off-price or wholesale retail/warehouse establishment
exceeding 30,000 square feet of gross floor area and offering a limited
range of merchandise, serving both wholesale and retail customers.
WATCHMAN'S DWELLING
A residence located on the premises with a main nonresidential
use and occupied only by a guard employed on the premises.
WHOLESALE ESTABLISHMENT
An establishment or place of business primarily engaged in
selling and/or distributing merchandise to retailers; to industrial,
commercial, institutional, or professional business owners, or to
wholesalers; or acting as agents or brokers and buying merchandise
for, or selling merchandise to, such individuals or companies. This
is not considered a general commercial use.
YARD
An open space on the same lot with a building or building
group lying between the closest point of the front, rear or side wall
of a building and the nearest lot line, unoccupied and fully open
to the sky, except as otherwise provided by the specific provisions
of this chapter.
YARD, FRONT
A yard extending across the principal street side of a lot
measured between the side yard lines, the depth of which yard is the
minimum horizontal distance between the street line and the main building.
YARD, REAR
A yard extending across the full width of a lot measured
between the side lot lines and being the minimum horizontal distance
between the rear lot line and the rear of the principal building.
YARD, SIDE
A yard between any lot line other than a street line or rear
lot line and a line drawn parallel thereto and between the front and
rear yards.
ZONING MAP
The map delineating the boundaries of the zoning districts
which, along with the zoning text, comprises this chapter.