City of Amsterdam, NY Article II Definitions

§ 250-4 Definitions and word use.

A. 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:

(1) Community residence.

(2) Halfway house.

(3) Supervised living facility.

(4) Supportive living facility.

(5) Family-care housing.

(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 RENTAL/LEASING ESTABLISHMENT

Leasing or renting of automobiles, motorcycles, and light load vehicles.

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.

BATHHOUSE

See "sauna."

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.

BOAT REPAIR FACILITY

A facility where boats are repaired and stored until repairs are complete.

BOAT SALES/RENTAL

A marine retail sales use in which boats are rented or sold.

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[1] 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,[2] 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 CENTER A 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.[3]

(2) FAMILY DAY-CARE HOME A 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 HOME A 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.

DWELLING, SINGLE-FAMILY

A detached building containing one dwelling unit only.

DWELLING, TWO-FAMILY

A detached or semidetached building containing two dwelling units only.

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 PROTECTION ELEVATION

The one-hundred-year-flood elevation plus one additional foot of elevation.

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.

GARDENING, COMMUNITY

A garden plot which is shared by individuals or families.

GASOLINE STATION

See "automobile service station."

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."

HOSPITAL, ANIMAL or VETERINARIAN'S OFFICE

An establishment for the medical and/or surgical care of sick or injured animals.

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.

LOT, INTERIOR

A lot other than a corner lot.

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.[4]

MINI-WAREHOUSE

See "self-storage facility."

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.[5]

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.

PLANNING COMMISSION

The Planning Commission of the City of Amsterdam.

PREMISES

A lot together with all the structures and uses thereon.

PRINCIPAL BUILDING OR USE

The main or primary building or use on a lot.

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.

SANITARY LANDFILL AND OTHER DISPOSAL FACILITIES AND SERVICE ESTABLISHMENTS

A disposal site in which refuse, or other suitable cover material, are deposited and compacted in accordance with an approved plan.

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

A person 55 years of age or older.

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.

SUPPORTIVE LIVING FACILITY

A community residence providing responsible supervision for 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.

VETERINARIAN'S OFFICE

See "hospital, animal."

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.

[1] Editor's Note: See NY Educ § 7302.

[2] Editor's Note: See Ch. 90, Building Construction Code.

[3] Editor's Note: See NY Soc Serv § 1 et seq.

[4] Editor's Note: The former definition of "microbrewery," which immediately followed this definition, was repealed 6-16-2020 by Ord. No. 5-2020.

[5] Editor's Note: See 24 CFR 3280.

B. Word usage. Words used in the present tense include the future; the singular number includes the plural, and the plural number includes the singular; the word "lot" includes the word "plot"; the word "structure" includes the word "building." The term "occupied" or "used" as applied to any given building or land shall be construed to include "arranged," "designed," "constructed," "altered," "converted," "rented," "leased" or "intended to be used or occupied." The word "shall" is mandatory and not optional. The word "may" implies the action is optional.