City of Port Jervis, NY Interpretations; Definitions

Unless otherwise listed below, the numbers, abbreviations, terms and words used herein shall have the meanings of common usage as set forth in the latest edition of Webster's New Collegiate Dictionary. Terms of law shall have the meanings as set forth in the latest edition of Black's Law Dictionary.

Unless the context clearly indicates to the contrary, words used in the present tense include the future tense; words used in the singular include the plural; words used in the plural include the singular; the word "herein" means in this chapter; the word "requirements" means the minimum requirements necessary for the attainment of the purposes set forth in Article I; and the words "this chapter" shall mean this chapter and the schedules and maps included herein as enacted or subsequently amended.

The word "person" as used in this chapter shall be defined to include, but not be limited to, an individual, a partnership, a joint venture, a corporation, an unincorporated association, a firm or any other form or entity, contractors, subcontractors, or journeymen.

"Used" or "occupied," as applied to any land or building, shall be construed to include the words "intended," "arranged" or "designed to be used or occupied."

(5)

"Shall" is always mandatory, except when applied to public officials, in which event "shall" is directory. Time requirements shall, nevertheless, be considered mandatory.

Definitions. As used in this chapter, the following terms shall have the meanings indicated:

ABANDONED SIGN

A sign that no longer identifies or advertises a location, product, or activity conducted on the premises on which the sign is located.

ACCESSORY

Applied to a building, structure or use which is clearly incidental or subordinate and customarily in connection with the principal building, structure or use and which is located on the same lot with the principal building, structure or use. Any accessory building or structure attached to a principal building or structure is deemed to be part of such principal building or structure in applying the bulk requirements to such building or structure. No use shall be considered accessory where such use requires a greater area of a lot or larger setbacks or yards or for which greater restrictions than for the principal use on the lot are imposed by this chapter.

ADULT CARE FACILITIES

Nonprofit residential communities of adults 55 years of age and older, ranging from independent living to intensive care. (This definition includes, but is not limited to, senior citizen housing.)

ADULT MATERIALS

Includes books, magazines, or other printed matter, including product packaging and wrapping, pamphlets, newspapers, comic books, articles, computer images, motion pictures, films, photographs, digital video discs, videocassettes, slides or other visual images, mechanical devices, instruments, clothing or any other items which are distinguished or characterized by an emphasis on the depiction or description of nudity or specified sexual activities or specified anatomical areas.

Exceptions. An item otherwise falling within the definition of adult materials under Subsection (1) shall not be considered to be within the definition of adult materials if:

The item is printed matter that does not contain at least one visual depiction of nudity or specified sexual activities or specified anatomical areas; or

The item is printed matter containing at least one visual depiction of nudity or specified sexual activities or specified anatomical areas and:

[1]

The item, when viewed as a whole, presents such depiction for educational or scholarly purposes; and

[2]

The item is offered for sale by an establishment in which no more than 10% of the interior square footage of the establishment accessible to patrons is devoted to the sale, rental, lease, trade, gift or display of adult materials.

ADULT-ORIENTED BUSINESS

Includes:

Any establishment operated for economic gain or other consideration using a building, structure, or property to offer adult materials for sale, rental, lease, trade, gift or display; or

Any nightclub, bar, tavern, restaurant, eating and drinking establishment, arcade, theater, motel, hotel, or any other establishment operated for economic gain or other consideration featuring entertainment characterized by an emphasis on the depiction, description or presentation of nudity or specified sexual activities or specified anatomical areas.

ALLEY

A public thoroughfare not over 20 feet wide which affords only a secondary means of access to abutting property.

ALTER

To change, enlarge, or rearrange the structural parts or the existing facilities of a structure, or to move a building from one location or position to another.

ANIMATED SIGN

A sign employing actual motion or the illusion of motion. Animated signs, which are differentiated from changeable signs as defined and regulated by this article, include the following types:

ENVIRONMENTALLY ACTIVATEDAnimated signs or devices motivated by wind, thermal changes, or other natural environmental input. Includes spinners, pinwheels, pennant strings and/or other devices or displays that respond to naturally occurring external motivation.

MECHANICALLY ACTIVATEDAnimated signs characterized by repetitive motion and/or rotation activated by a mechanical system powered by electric motors or other mechanically induced means.

ELECTRICALLY ACTIVATEDAnimated signs producing the illusion of movement by means of electronic, electrical, or electromechanical input and/or illumination capable of simulating movement through employment of the characteristics of one or both of the classifications noted below:

FLASHINGAnimated signs or animated portions of signs whose illumination is characterized by a repetitive cycle in which the period of illumination is either the same as or less than the period of nonillumination. For the purposes of this article, "flashing" will not be defined as occurring if the cyclical period between on-off phases of illumination exceeds four seconds.

CANNABIS or CANNABIS-RELATED PRODUCT

PATTERNED ILLUSIONARY MOVEMENTAnimated signs or animated portions of signs whose illumination is characterized by simulated movement through alternate or sequential activation of various illuminated elements for the purpose of producing repetitive light patterns designed to appear in some form of constant motion.

ARCHITECTURAL PROJECTION

Any projection that is not intended for occupancy and that extends beyond the face of an exterior wall of a building but that does not include signs as defined herein. See also "awning," "backlit awning" and "canopy, attached and freestanding."

AREA VARIANCE

The authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations.

AREA, BUILDING

The total of area, taken on a horizontal plane at the main grade level, of the principal building and all accessory buildings, exclusive of uncovered porches, terraces, and steps.

AREA, GROSS

The measure of land in a horizontal plane, uncorrected or adjusted for legal circumstances, surface conditions, or slope.

ART GALLERY

A space in which works of art are bought, sold, loaned, appraised and/or exhibited to the general public.

AUTOMOBILE WRECKING

The dismantling or wrecking of used motor vehicles or trailers or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.

AWNING

An architectural projection or shelter projecting from and supported by the exterior wall of a building and composed of a covering of rigid or nonrigid materials and/or fabric on a supporting framework that may be either permanent or retractable.

AWNING SIGN

A sign displayed on or attached flat against the surface or surfaces of an awning. See also "wall sign" or "fascia sign."

BACKGROUND AREA OF SIGN

The entire area of a sign on which copy and/or graphics could be placed.

BACKLIT AWNING

An awning whose covering material exhibits the characteristic of luminosity obtained by means of a source of illumination contained within its framework.

BANNER

A flexible substrate on which copy or graphics may be displayed.

BANNER SIGN

A sign utilizing a banner as its display surface.

BASE FLOOD

See "one-hundred-year flood."

BASEMENT

That portion of a building which is partly underground but which has at least 50% of its interior height, measured from floor to ceiling, above the average finished grade of the ground adjoining the building.

BED-AND-BREAKFAST

A home occupation involving the rental of up to four rooms as transient accommodations with no full-service restaurant facilities and with no more than one nonresident employee.

BEDROOM

Any room or space in access of 70 square feet used or intended to be used for sleeping purposes in either a dwelling or sleeping unit.

BILLBOARD

A sign which directs attention to a business, commodity, service, entertainment or attraction conducted, sold, offered or existing elsewhere than on the same lot where such sign is displayed or not for the principal use of such lot.

BODY SHOP

See "motor vehicle repair shop."

BREW PUB

A bar or restaurant that includes the brewing of malt beverages for consumption on premises. The area for bottling and kegging shall not exceed 30% of the gross floor area of the bar or restaurant structure.

BREWERY

A facility for the production, packaging and retail or wholesale sale of beverages with alcoholic and/or nonalcoholic content.

BUFFER

An area of specified dimension extending from the property line toward a required setback line. The buffer shall not be used or otherwise encroached upon by any activities on the lot.

BUILDING

Any structure having a roof supported by columns and/or by walls or self-supporting, including a factory-manufactured structure, and intended for the shelter, housing, or enclosure of persons, animals, or chattel.

BUILDING FACADE

That portion of any exterior elevation of a building extending vertically from grade to the top of the parapet wall or eaves and horizontally across the entire width of the building elevation.

BUILDING HEIGHT

The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs and mansard roofs and to the mean height between eaves and ridge for gable, hip, and gambrel roofs.

BUILDING LENGTH

The least horizontal distance between the furthermost walls of the building, including any carports and porches.

BUILDING PERMIT

A formal issuance by the Building Official of a right to proceed with construction of a structure, or a renovation of an existing structure, upon a finding of conformance with all building codes and land use regulations in effect by all applicable jurisdictions.

BUILDING, ACCESSORY

A subordinate building, the use of which is customarily incidental to that of the main building on the same lot.

BUILDING, DETACHED

A building surrounded by open space on the same lot.

BUILDING, FRONT LINE OF

The line of that face of the building nearest the front line of the lot. This face includes sun parlors and covered porches, whether enclosed or unenclosed, but does not include steps.

BUILDING, MAIN

A building in which is conducted the main or principal use of the lot on which it is located.

BULK

A term used to describe the size, volume, area, and shape of buildings and structures and the physical relationship of their exterior walls or their location to lot lines, other buildings and structures, or other walls of the same building, and all open spaces required in connection with a building, other structure, or tract of land.

BUSINESS SERVICE

An establishment primarily engaged in rendering services to businesses on a fee or contract basis, such as advertising and mailing, building maintenance, unemployment service, office equipment rental and leasing, commercial research, development and testing, photo finishing, and personal supply services.

Any product containing marijuana, THC or CBD in any form or as the term is defined by Chapter 7-A of the New York State Consolidated Laws or the New York State Marihuana Regulation and Taxation Act.

[Added 11-28-2022 by L.L. No. 11-2022]

CANNABIS RETAIL DISPENSARY

A commercial retail establishment operating under license of the New York State Cannabis Control Board, authorized to engage in the retail sale of cannabis products for off-site consumption, but in no case permitted or authorized to allow the on-site consumption of cannabis or cannabis-related products.

[Added 11-28-2022 by L.L. No. 11-2022]

CANOPY (ATTACHED)

A multisided structure or architectural projection supported by attachment to a building on one or more sides and either cantilevered from such building or also supported by columns at additional points. The surface(s) and/or soffit of an attached canopy may be illuminated by means of internal or external sources of light. Similar to a marquee.

CANOPY (FREESTANDING)

A multisided structure supported by columns. The surface(s) and/or soffit of a freestanding canopy may be illuminated by means of internal or external sources of light.

CANOPY SIGN

A sign affixed to the visible surface(s) of an attached or freestanding canopy. May be internally or externally illuminated. Similar to a marquee sign.

CAR WASH

A building, the use of which is devoted to the washing of automobiles. (See also "motor vehicle laundry.")

CBD

Cannabidiol, a naturally occurring compound found in the resinous flower of cannabis but not regulated as cannabis under the NYS Marihuana Regulation and Taxation Act.

[Added 11-28-2022 by L.L. No. 11-2022]

CENTER LINE

Imaginary line on the precise center of a street, driveway, roadway, or similar feature.

CERTIFICATE OF OCCUPANCY/COMPLIANCE

Official certification that a building or structure conforms to this chapter and the New York State Uniform Fire Prevention and Building Code and may be occupied or used.

CHANGEABLE SIGN

A sign with the capability of content change by means of manual or remote input. Includes the following types:

MANUALLY ACTIVATEDChangeable sign whose message copy or content can be changed manually on a display surface.

ELECTRICALLY ACTIVATEDChangeable sign whose message copy or content can be changed by means of remote electrically energized on-off switching combinations of alphabetic or pictographic components arranged on a display surface. Illumination may be integral to the components, such as characterized by lamps or other light-emitting devices, or it may be from an external light source designed to reflect off the changeable component display. See also "electronic message sign or center."

CLUB, MEMBERSHIP

An organization catering exclusively to members and their guests, which is not conducted primarily for gain, provided that there are not conducted any vending stands, merchandising or commercial activities except as required generally for the membership and purposes of such club. Accessory uses and/or structures may include such subordinate purposes as administration, operation, accommodations, and the sale of food and drink primarily to members and their guests.

RECREATIONALIncludes recreational facilities such as tennis courts, swimming pools, golf courses, canoe launching areas, fishing areas, and other athletic purposes.

COMMERCIAL OUTDOOR ADVERTISING SIGN

NONRECREATIONALIncludes premises and buildings for social, cultural, political or fraternal purposes.

A permanent off-premises sign erected, maintained or used in the outdoor environment for the purpose of providing copy area for commercial or noncommercial messages.

COMPREHENSIVE PLAN

A Comprehensive Plan for the development of the City, prepared by the Planning Board pursuant to the General City Law, which indicates the general location recommended for various public works and reservation, and for the general physical development of the City, and includes any part of such plan separately adopted and any amendment to such plan or parts thereof.

CONDITIONAL USE

Conditional uses are listed in the Zoning Ordinance for each district but are subject to an additional layer of scrutiny. Conditional uses are authorized on a discretionary basis, meaning they are only authorized if found to be compatible with neighboring land uses, if they can be tailored to meet the limitations of the site, and if they do not violate the objectives of the Zoning Ordinance. Conditions may be attached to the approval of a conditional use permit. Uses that are not listed in the Zoning Ordinance for a particular district or that are expressly prohibited are not allowed in the district, except on rare occasions through use variance provisions.

CONDOMINIUM

A mode of ownership wherein each dwelling unit may be owned in fee simple separately and individually from all others but where all such owners have an indivisible interest in the common areas. Thus, they share ownership and attendant responsibility for the provision, maintenance and/or repair of common internal facilities, utilities, services, exterior building surfaces, land, landscaping and other outdoor facilities.

CONTRACTOR'S STORAGE YARD

A building or area of land where persons, firms or corporations engaged in the construction business, or a related field, store building materials, equipment and supplies used exclusively in that contracting business. Retail or wholesale sale of any contractor's materials or supplies is prohibited.

CONVENIENCE RETAIL STORE

A retail store containing less than 2,000 square feet of gross floor area that is designed and stocked primarily to sell food, beverages, and household supplies to customers who purchase only a relatively few items.

COPY

The graphic content or message of a sign.

COPY AREA OF SIGN

The actual area of the sign copy as applied to any background. Copy area on any individual background may be expressed as the sum of the geometrically computed area(s) encompassing separate individual letters, words, or graphic elements on that background.

COURTYARD

An open space in an apartment, multifamily or townhouse development or a commercial, institutional or industrial structure which is enclosed on at least three sides by exterior walls of a building.

COVERAGE, BUILDING

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

COVERAGE, DEVELOPMENT

The percentage of the area of a lot covered by buildings, indoor and outdoor parking areas, accessory structures and any impervious materials, including natural impervious areas.

CURB LEVEL

The officially adopted grade of the curb in front of the midpoint of the lot.

CUSTOMARY RESIDENTIAL ACCESSORY USES

Garden house, playhouse, toolhouse, greenhouse, swimming pool, satellite dish antenna and private garage; the keeping of domestic animals as pets; and the raising of field and garden crops, vineyards, and orchard farming, provided that such crops or produce is for the sole and exclusive use of the occupant or owner of the premises and not for resale.

DAY-CARE CENTER

A place, building or structure designed to provide temporary daytime supervision and care for five or more children under the age of 10 years old.

DIRECTIONAL SIGN

Any sign that is designed and erected for the purpose of providing direction and/or orientation for pedestrian or vehicular traffic.

DISTILLERY

A facility where distilled liquors or spirits are produced, manufactured or sold, which holds manufacturing, retail or wholesale licenses required by New York State.

DOUBLE-FACED SIGN

A sign with two faces, commonly back to back.

DRIVE-IN RESTAURANT

A building or portion thereof where food and/or beverages are sold in a form ready for consumption and where all or a significant portion of the consumption takes place or is designated to take place outside the confines of the building, often in a motor vehicle parked on the site.

DUMP

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

DUMPSTER

Any large receptacle used or maintained by any person or commercial establishment for the collection of garbage, refuse, rubbish or waste. This includes commercial, industrial, or construction receptacles.

DUST

Solid particulate matter capable of being air- or gas-borne.

DWELLING GROUP

A group of two or more one-family, two-family or multiple dwellings occupying a lot in one ownership and having any land or facilities in common.

DWELLING UNIT

One or more rooms with provisions for living, cooking, sanitary, and sleeping facilities arranged for the use of one family and not having more than one kitchen or kitchenette. The term "dwelling unit" shall not be deemed to include a hotel, motel, automobile court, tourist home, dormitory, convalescent home, rest home, nursing home, or other accommodations used for transient occupancy.

DWELLING, MULTIPLE

A detached building, or portion thereof, containing three or more dwelling units.

DWELLING, ONE-FAMILY DETACHED

A detached building having two side yards, erected on a permanent foundation, with/without basement, equipped for year-round occupancy, and containing no more than one dwelling unit.

DWELLING, ROW

Dwelling units, the walls on one or more sides of which are in common with the walls of an adjoining dwelling unit(s) and are party or lot line walls (also known as "townhouses" or "attached dwellings").

DWELLING, TWO-FAMILY DETACHED

A detached building containing not more than two dwelling units on a single lot of record.

E-CIGARETTE or VAPE

Any electronic device composed of a mouthpiece, heating element, battery and/or other electronic circuit that provides a vapor of liquid nicotine, cannabis product and/or other substance that is sometimes mixed with propylene glycol by the user as they simulate smoking. This term shall include all such devices, whether they are manufactured as e-cigarettes, e-cigars, e-pipes, vapes or under any other product name.

[Added 11-28-2022 by L.L. No. 11-2022]

EFFICIENCY APARTMENT

A one-room dwelling unit with private bath and complete kitchen facilities, comprising not less than 600 square feet nor more than 750 square feet.

ELECTRIC SIGN

Any sign activated or illuminated by means of electrical energy.

ELECTRONIC MESSAGE SIGN OR CENTER

An electrically activated changeable sign whose variable message capability can be electronically programmed.

ENTERTAINMENT

Includes:

Live performances;

Films, motion pictures, videocassettes, digital video discs, slides or other visual image; or

Employees who, as part of their employment duties, are required to wear costumes or uniforms or engage in live performances in addition to their nonperformance employment duties.

EXTERIOR SIGN

Any sign placed outside a building.

FAMILY

Occupancy.

One, two, or three persons occupying a dwelling unit; or

Four or more persons occupying a dwelling unit and living together as a traditional family or the functional equivalent of a traditional family.

It shall be presumptive evidence that four or more persons living in a single dwelling unit who are not related by blood or marriage or legal adoption do not constitute the functional equivalent of a traditional family, except as defined below.

In determining whether individuals are living together as the functional equivalent of a traditional family, the following criteria must be present:

The group is one which in theory, size, appearance, structure and function resembles a traditional family unit.

The occupants must share the entire dwelling unit and live and cook together as a single housekeeping unit. A unit in which the various occupants act as separate roomers may not be deemed to be occupied by the functional equivalent of a traditional family.

(c)

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

(d)

The group is permanent and stable. Evidence of such permanency and stability may include:

[1]

The presence of minor dependent children regularly residing in the household who are enrolled in local schools;

[2]

Members of the household have the same address for purposes of voter registration, driver's license, motor vehicle registration and filing of taxes;

[3]

Members of the household are employed in the area;

[4]

The household has been living together as a unit for a year or more whether in the current dwelling unit or other dwelling units;

[5]

Common ownership of furniture and appliances among the members of the household; and

[6]

The group is not transient or temporary in nature.

[7]

Any other factor reasonably related to whether or not the group is the functional equivalent of a family.

FASCIA SIGN

See "wall sign."

FILED MAP

Any map, survey, or plat filed in the County Clerk's office of Orange County.

FILLING STATION

See "motor vehicle service station."

FINANCIAL EXPENDITURES

The capital outlay made by an owner of an adult-oriented business to establish such business, exclusive of the fair market value of the building, structure, or property in or on which such business is located and exclusive of any improvements unrelated to the nonconformity of such business with the requirements of this chapter.

FLASHING SIGN

See "animated sign, electrically activated."

FLOOD

A general and temporary condition of partial or complete inundation of normally dry land areas from:

The overflow of inland waters.

The unusual and rapid accumulation or runoff of surface waters from any source.

FLOOD-PRONE AREA

Any land area susceptible to being inundated by water from any source. See also "flood."

FLOOR AREA RATIO

The gross floor area in square feet of all buildings on a lot divided by the gross area of such lot in square feet.

FLOOR AREA, GROSS

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

Basement space.

Attic space, whether or not a floor has been laid, over which there is structural headroom of six feet three inches or more.

Roofed porches, breezeways, indoor parking and garages.

GRADE, ESTABLISHED STREET

Cellar space with more than six feet three inches in height.

FOOTCANDLE (FC)

A unit of illuminance amounting to one lumen per square foot.

FREESTANDING SIGN

A sign principally supported by one or more columns, poles, or braces placed in or upon the ground.

FRONT WALL

The front wall of a building is the wall nearest to and facing the street on which the lot fronts.

FRONTAGE

The street length of a parcel of property fronting on one side of a street between the two nearest intersecting streets or other natural barriers.

FRONTAGE (BUILDING)

The length of an exterior building wall or structure of a single premises along either a public way or other properties that it faces.

FRONTAGE (PROPERTY)

The length of the property line(s) of any single premises along either a public way or other properties on which it borders.

FUNDED COMMUNITY TRUST

The holding of title to all common open space and recreational facilities in a clustered, planned unit or open space development upon deed from its builder/developer to a bank or other fiduciary which, for a fee, acts as trustee for the benefit of all owners and occupants, such arrangement as detailed in the Urban Land Institute Technical Bulletin No. 62.

FUNERAL HOME

The establishment of a funeral director and/or undertaker, which may or may not include facilities for the conduct of funerals, and the outdoor display of monuments for sale.

GARAGE, PRIVATE

A garage used for storage purposes only and having a capacity of not more than four automobiles or not more than two automobiles per family, housed in the building to which such garage is accessory, whichever is greater. Space therein may be used for not more than one commercial vehicle, and space may be rented for not more than two vehicles of other than occupants of the building to which such garage is accessory.

GARAGE, PUBLIC

Any garage other than a private garage, available to the public, operated for gain, and which is used for the storage of automobiles or other motor vehicles.

GASOLINE STATION

See "motor vehicle service station."

GLARE

The eye's line-of-sight contact with a direct light source that causes annoyance, discomfort, or loss in visual performance and ability.

The permanently established elevation of the center line of a street in front of the midpoint of the lot.

GRADE, FINISHED

The finished grade of any point along the wall of a building shall be the elevation of the completed surfaces of lawns, walks, and roads adjoining the wall at that point.

GROUND SIGN

See "freestanding sign."

HABITABLE ROOM

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

Kitchen.

Foyer, bathroom, toilet, public or private hall, corridor or passageway.

(c)

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

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

HISTORIC STRUCTURE

Any structure listed on the Department of the Interior's National Register of Historic Structures or the New York State Register of Historic Places or any structure designated by an agency of the City or the county or an organization recognized for such purposes by the City or the county. Such structure shall be deemed to have particular value because of its character, association, age and/or quality.

HOME OCCUPATION

An occupation or profession which:

Is customarily carried on in a dwelling unit;

Is carried on by a member of a family residing in the dwelling unit;

(c)

Is clearly incidental and secondary to the use of the dwelling unit for residential purposes; and

(d)

Conforms to the following additional conditions:

[1]

The occupation or profession shall be carried on wholly within the principal building, except that the occupation or profession may be carried on in an existing accessory building with the permission of the Planning Board and with such stipulations as the Planning Board may set.

[2]

Not more than one person outside the family shall be employed in the home occupation.

[3]

There shall be no exterior display, no exterior sign (except as permitted by § 535-61), no exterior storage of materials, no exterior parking of trucks or other commercial vehicles used in connection with the occupation, and no other exterior indication of the home occupation or variation from the residential character of the principal building.

[4]

No offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced or allowed on the premises.

In particular, "home occupation" includes but is not limited to the following: dressmaking, child care, and professional office of an author, clergy, and teacher, with musical instruction limited to a single pupil at a time.

However, "home occupation" shall not be interpreted to include any of the following: professional office of a physician, dentist, osteopath, chiropractor, lawyer, or optometrist, office of an engineer, accountant, architect, real estate or insurance broker or adjuster, clinics, hospitals, barbershops and beauty parlors, commercial stable and kennels, restaurants, tearooms, nursery schools, tourists homes, animal hospitals, or any similar uses.

The use of any property for a home occupation shall require the authorization of the Planning Board, which may require such additional stipulations as deemed in the public interest.

HOME PROFESSIONAL OFFICE

An accessory office of a person located within his/her residence devoted to a professional service occupation, in which knowledge in some department of science or learning is applied to the affairs of others, either advising or guiding them, or otherwise serving their interest or welfare through the practice of a profession founded on such knowledge. Said office activity shall be incidental and secondary to the use of the residence for dwelling purpose, shall not change the character thereof and shall not have any evidence of such accessory use other than a permitted announcement sign. Said activity shall not occupy more than 1/2 of the ground floor area of the residence or its equivalent elsewhere in the residence if so used. In said activity, no more than two persons, including members of the family residing on the premises, shall be employed.

HOSPITAL

A facility or institution engaged primarily in providing services by or under the supervision of a physician or, in the case of a dental clinic or dental dispensary, of a dentist, for the prevention, diagnosis, or treatment of human disease, pain, injury, deformity or physical condition, including but not limited to a general hospital, public health center, diagnostic center, treatment center, dental clinic, dental dispensary, rehabilitation center other than a facility used solely for vocational rehabilitation, nursing home, tuberculosis hospital, chronic disease hospital, maternity hospital, lying-in asylum, outpatient department, outpatient lodge, dispensary and a laboratory or central service facility serving one or more such institutions, but the term "hospital" shall not include an institution, sanitarium or other facility engaged principally in providing services for the prevention, diagnosis or treatment of mental disability and which is subject to the powers of visitation, inspection and investigation of the Department of Mental Hygiene, except for those distinct parts of such a facility which provide hospital service.

HOSPITAL, ANIMAL

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

HOSPITAL, GENERAL

A hospital engaged in providing medical or medical and surgical services primarily to inpatients by or under the supervision of a physician on a twenty-four-hour basis with provisions for admission or treatment of persons in need of emergency care and with an organized medical staff and nursing service, including facilities providing services relating to particular diseases, injuries, conditions or deformities. The term "general hospital" shall not include a residential health care facility, public health center, diagnostic center, treatment center, outpatient lodge, dispensary and laboratory or central service facility serving more than one institution.

HOTEL

A building containing rooms intended or designed to be used or which are occupied for sleeping purposes by guests and where meals and other services are provided within the building or in an accessory building.

RESIDENTIALA facility characterized by the single-room occupancy of individuals making such accommodations their principal (or only) place of residence.

TRANSIENTA facility catering to the overnight need for accommodations of those in transit or for a short-term business or personal stay.

HOUSEHOLDER

An individual who resides in a dwelling unit and who owns, rents or otherwise has legal possession of such unit for a continuous period of time.

ILLUMINANCE

Density of luminous flux incident on a surface. Unit is footcandle or lux.

ILLUMINATED SIGN

A sign characterized by the use of artificial light, either projecting through its surface(s) (internally illuminated) or reflecting off its surface(s) (externally illuminated).

INDUSTRIAL USE

See "manufacturing."

INTERIOR SIGN

Any sign placed within a building, but not including window signs as defined by this chapter. Interior signs, with the exception of window signs as defined, are not regulated by this chapter.

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, tires, or used building materials, house furnishings, machinery, or parts thereof, with or without dismantling, processing, salvage, sale or use or disposition of the same. One cubic yard or more of refuse located on a property for more than 30 days shall also be deemed to be a junkyard.

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 storage on a lot of two 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 a nonresidential district shall constitute a motor vehicle junkyard.

KENNEL

A use or building in which the principal activity is the keeping, raising, boarding, grooming, or breeding of dogs and/or cats. For the purpose of this chapter, any such activity shall not be considered a kennel where accessory to a principal residential use, provided that not more than three animals exceeding six months of age are kept for noncommercial purposes.

KITCHEN

Space, 60 square feet or more in floor area, with the minimum width of five feet, used in cooking or preparation of food and deemed habitable space.

KITCHENETTE

Space, less than 60 square feet in floor area, used for cooking or preparation of food and not deemed habitable space.

LAUNDERETTE/LAUNDROMAT

A business premises equipped with individual clothes washing or dry-cleaning machines for the use of retail customers, exclusive of laundry facilities provided as an accessory use in an apartment house or other multifamily structure.

LIGHT MANUFACTURING

Industrial uses such as manufacturing, processing and assemblage that are of a nonpolluting nature, particularly in regard to reservoir and groundwater resources and in regard to ambient air quality.

LIGHT TRESPASS

Light from an artificial light source that intrudes into an area where it is not wanted or does not belong. Light trespass includes glare from direct light as well as unwanted spill light.

LOT

A tract, plot, or portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership or for building development.

CONFORMINGA lot having not less than the minimum area and dimensions required by this chapter for a lot in the district in which such land is situated and having its principal frontage on a street or on such other means of access as may be determined in accordance with the provisions of state law to be adequate as a condition of the issuance of a building permit for a building on such land.

MOTOR VEHICLE REPAIR SHOP

NONCONFORMINGA parcel of land owned individually and separately, and separated in ownership from any adjoining tracts of land, which has a total area and/or dimensions less than prescribed by this chapter for a lot in the district in which such land is situated.

LOT AREA

The total horizontal area included within the property lines of a lot, except that for any minimum lot area specified in this chapter, the area shall be adjusted as set forth in Articles VI and IX.

LOT COVERAGE

That percentage of the plat or lot area covered by the building area.

LOT LINE

Any line dividing one lot from another.

LOT LINE, FRONT

The lot line which abuts or runs along the designated street line. In the case of a lot situated to the rear of another lot, its front lot line shall be the rear lot line of the front lot for purposes of measuring the front setback.

LOT LINE, REAR

The lot line generally opposite the street line. If the rear lot line is less than 10 feet in length or if the lot comes to a point in the rear, the rear lot line shall be deemed to be a line parallel to the front lot line not less than 10 feet long lying farthest from the front lot line.

LOT WIDTH

The distance measured along a line drawn parallel to the front lot line at a distance equal to the minimum front setback requirement.

LOT, CORNER

A lot at the junction of, or abutting on, two or more intersecting streets where the interior angle of intersection does not exceed 135°. A lot abutting a curved street shall be deemed a corner lot if the tangents to the curve at the points of intersection of the side lot lines with the street lines intersect at an interior angle of less than 135°.

LOT, INTERIOR

A lot other than a corner lot.

LOT, THROUGH

An interior lot having frontage on two parallel or approximately parallel streets.

MANSARD

A roof-like facade comparable to an exterior building wall.

MANUFACTURED HOME COURT

An area of land under single ownership which has been planned and improved for the placement of two or more manufactured homes for nontransient dwelling purposes and approved as such by the Planning Board subsequent to the introduction of a zoning law in the City of Port Jervis. The selling or servicing of trailers or manufactured homes in a manufactured home court is prohibited.

MANUFACTURED HOUSING

A transportable one-family dwelling equipped for year-round occupancy and containing the same water supply, waste disposal, heating and electrical conveniences as immobile housing and which must conform to the New York State Building Code pertaining to such structures. The term "manufactured home" shall include vehicles mounted on temporary or permanent foundations with or without wheels, collar or skids in place. Any transportable dwelling in excess of 26 feet in length shall be deemed to be a manufacture home.

MANUFACTURING

Includes fabricating, assembling, converting, altering, finishing, cleaning, or any other processing, handling or storage of products.

MARQUEE

See "canopy (attached)." Definition is similar.

MARQUEE SIGN

See "canopy sign." Definition is similar.

MICROBREWERY

A facility for the production, packaging and sampling of beverages with alcoholic and/or nonalcoholic content for retail or wholesale distribution.

MICRODISTILLERY

A facility for the production, packaging and sampling of beverages with alcoholic and/or nonalcoholic content for retail or wholesale distribution.

MOTEL OR MOTOR COURT

A building containing overnight accommodations intended or designed to be used or which are occupied for sleeping purposes by guests or transients and where meals may be served and which caters to the motoring public. The ordinary length of stay is overnight but may extend as long as one week under unusual circumstances.

MOTOR VEHICLE LAUNDRY

A building, portion of a building and/or area arranged, intended or designed to be used for the washing, spraying, waxing, polishing and/or drying of motor vehicles and/or the vacuuming or dry-cleaning of the same.

A building, or portion of a building, arranged, intended or designed to be used for making repairs to motor vehicles, their mechanical systems and their body structure (including painting). This category is intended to include, but is not limited to, "jiffy lubes" and such repair shops as specialize in transmissions, mufflers, tires, etc., but that do not dispense gasoline fuel.

MOTOR VEHICLE SERVICE STATION

Any area of land, including structures thereon, that is used for the sale of gasoline or any other motor vehicle fuel and oil and other lubricating substances, including any sale of motor vehicle minor accessories, and which may or may not include facilities for lubricating or otherwise servicing motor vehicles, but not including the painting thereof by any means.

MOTOR VEHICLE, BOAT AND TRAILER SALES

A building and/or area arranged, intended or designed to be used for the rental, lease, sale and/or resale of motor vehicles, new or used, or boats or trailers. A selection of motor vehicles, boats or trailers may be displayed within a totally enclosed building but still others require an outdoor area for their storage. In conjunction therewith a repair shop may be operated in the rear or to the side of the motor vehicle, boat and trailer salesroom, provided that the garage doors providing access to the repair shop shall be located to the rear or to the side of the motor vehicle, boat or trailer salesroom.

MULTIFAMILY/MULTIFAMILY USE

See "dwelling, multiple."

MULTIPLE-FACED SIGN

A sign containing three or more faces.

MUSEUM

A building serving as a repository for a collection of natural, scientific or literary curiosities, objects of interest or works of art, and arranged, intended and designed to be used by members of the public for viewing, with or without an admission charge.

NON-ADULT MATERIALS

Includes all items not within the definition of "adult materials" under this subsection.

NONCONFORMING USE

Any use of a building or structure, lot or land, or part thereof, lawfully existing at the effective date of this chapter or any amendments thereto affecting such use, which does not conform to the use requirements of this chapter for the district in which it is located.

NUDITY

Describes a person displaying one or more specified anatomical areas.

NURSERY

A place where trees, shrubs, vines and/or flower and vegetable plants are propagated or grown for a period of at least six months and/or where flowers and vegetables of an annual variety are germinated before being offered for sale and transplanting. (Such definition shall not encompass those retail establishments that buy the majority of their horticulture stock wholesale, not propagating it themselves.

NURSERY SCHOOL

A place, building or structure designed to provide care or instruction for five or more children under six years of age.

NURSING HOME

A facility providing therein nursing care to the sick, invalid, infirm, disabled or convalescent persons in addition to lodging and board or health-related service, or any combination of the foregoing, and in addition thereto providing nursing care and health-related service, or either of them, to persons who are not occupants of the facility.

OFF-PREMISES SIGN

A sign whose message content may not necessarily bear any relationship to the activities conducted on the premises on which it is located, or to the expression of commercial or noncommercial speech by the owner or bona fide user of the premises on which it is located.

OFFICE, PROFESSIONAL AND BUSINESS

A place or establishment used for the organizational or administrative aspects of a trade, or used in the conduct of a profession or business, and not involving the manufacture, storage, display or direct retail sale of goods. This may include, but is not limited to, offices of salesmen, sales representatives, architects, engineers, physicians, dentists, attorneys, insurance brokers, real estate brokers and persons with similar occupations.

OFFICIAL MAP

A map adopted by the Common Council showing streets, highways and parks, both existing and proposed, under the authority of, and for the purposes established in, §§ 26, 29, 35-a and 36 of the General City Law.

ON-PREMISES SIGN

A sign whose message content bears a direct relationship to the activities conducted on the premises on which it is located, or to the expression of any commercial or noncommercial speech by the owner or bona fide user of the premises on which it is located.

ONE-HUNDRED-YEAR FLOOD

The highest level of flood that, on the average, is likely to occur once every 100 years, or has a 1% chance of occurring each year, as established by the most recent edition of maps prepared for the Federal Emergency Management Agency (FEMA).

OPEN SPACE

An unoccupied space open to the sky on the same lot with a building.

PARAPET

The extension of a building facade above the line of the structural roof.

PARKING AREA

A lot or part thereof used for the storage or parking of motor vehicles, with or without the payment of rent or charges in money and/or other consideration.

PARKING LOT

A lot or part thereof used for the storage of motor vehicles which contains space rented to the general public by the hour, day, week, month or year. A commercial parking lot or storage garage shall not include sale of fuel or repair of motor vehicles.

PARKING SPACE

An off-street area available for parking one motor vehicle and having an area of not less than 200 square feet, exclusive of passageways and driveways appurtenant thereto and giving access thereto, and having direct access to a street or alley.

PARTICULATE MATTER

Any finely divided liquid or solid matter, including smoke, capable of being air-or gas-borne.

PERSONAL SERVICES

Commercial or business services provided to individuals or to other businesses, intended herein to include the cleaning of clothes, dropoff and pickup stations for laundry and dry-cleaning, repair of shoes or other personal effects, hair grooming, physical therapy and health aid, and printing, copying, design, typing and computer services, as well as studios for the production of arts and crafts. Such definition shall exclude automotive services, retail and general business and industrial uses.

PHILANTHROPIC AND ELEEMOSYNARY INSTITUTIONS

Nonprofit nongovernmental entities that utilize donated assets and income to provide social useful services; of, relating to, or supported by charity.

POLE SIGN

See "freestanding sign."

POLITICAL SIGN

A temporary sign intended to advance a political statement, cause, or candidate for office.

PORTABLE SIGN

Any sign not permanently attached to the ground or to a building or building surface.

PRESCHOOL

A place, building or structure designed to provide care or instruction for five or more children ranging in age from infancy to the age of six years of age preceding attendance at elementary school, including kindergarten.

PRINTING

COMMERCIALAn establishment primarily engaged in the reproduction of lettering and graphic designs in large quantities and primarily for business, professional, governmental, institutional and industrial customers.

JOBAn establishment primarily engaged in the reproduction of small quantities of quickly accomplished customized work for a localized clientele of business and professional customers, as well as photocopying services for walk-in customers.

RESEARCH, DESIGN AND DEVELOPMENT LABORATORY

NEWSPAPERAn establishment primarily engaged in the reproduction of public news media, as well as advertising media.

PROJECTING SIGN

A sign other than a wall sign that is attached to or projects more than 18 inches from a building face or wall or from a structure whose primary purpose is other than the support of a sign.

REAL ESTATE SIGN

A temporary sign advertising the sale, lease, or rental of the property or premises upon which it is located.

RECREATION

Golf courses, indoor cinemas, indoor health and exercise facilities, tennis courts (indoor and outdoor), indoor swimming pools, racquetball, squash and the like, excluding facilities intended primarily for spectator activities, such as stadiums and arenas, shooting ranges and amusement parks, automotive tracks and other similar uses or structures maintained for the amusement, patronage or recreation of the public.

A building for experimentation in pure or applied research, design, development and production of prototype machines or of new products, and uses accessory thereto, wherein products are not manufactured for wholesale or retail sale, wherein commercial servicing or repair of commercial products is not performed, and wherein there is no outside display of any material or products.

RESIDENTIAL HEALTH CARE FACILITY

A nursing home or a facility providing health-related service exclusively to those admitted as residents.

RESTAURANT

A business enterprise engaged in preparing and serving food and beverages selected from a full menu by patrons seated at a table or counter, served by a waiter or waitress and consumed on the premises, with takeout food as an accessory use, but excluding fast-food establishments.

RESTAURANT, FAST-FOOD

A business enterprise primarily engaged in the sale of quickly prepared food and beverages selected by patrons from a limited line of prepared specialized items, such as hamburgers, chicken, pizza, tacos, and hot dogs, for takeout and/or on-premises consumption (in the latter case, where orders are placed at a counter as opposed to table service via a waiter/waitress), in a facility where the floor area available for dining is less than 1/2 of the gross floor area and a major portion of the sales to the public is at a drive-in or stand-up-type counter. The term "fast-food restaurant" shall not include bakeries, delicatessens, or similar types of retail establishments. See also "restaurant."

RETAIL ESTABLISHMENTS

Stores and shops where goods are sold primarily at retail. Such sales are primarily made directly to the ultimate consumer and includes (but not limited to) goods such as food and beverages; florists; shoes and clothing; hardware, paint and wallpaper; carpeting; hobby and crafts; books; furniture; antiques; art supplies; music; pharmacies; jewelry; photographic supplies; pet supplies; gifts; stationery; sporting goods; fabrics; optical goods; and appliances, but excluding lumber yards, restaurants, and fast food. Outside storage or display of goods for such is permitted only with site plan approval by the Planning Board.

REVOLVING SIGN

A sign that revolves 360° about an axis. See also "animated sign, mechanically activated."

ROOF SIGN

A sign mounted on the main roof portion of a building or on the topmost edge of a parapet wall of a building and which is wholly or partially supported by such building. Signs mounted on mansard facades, pent eaves, and architectural projections, such as canopies or marquees, shall not be considered to be roof signs.

ROOFLINE

The uppermost line of the roof of a building or, in the case of an extended facade or parapet, the uppermost point of said facade or parapet.

SANDWICH BOARD

A two-hinged sign connected, or double-faced boards or other material that can be temporarily placed on the ground and is customarily placed on a sidewalk to advertise changing sales, specials, or products sold in the adjacent establishment.

SANITARIUM or SANATORIUM

A private hospital, whether or not such facility is operated for profit.

SCHOOL, PRIVATE

A kindergarten, primary or secondary school, junior college, college or university not operated by a public school district but furnishing a comprehensive curriculum of academic instruction similar to that of a public school, licensed by the State of New York Education Department.

SCHOOL, PUBLIC

Any educational institution operated by a public school district under the laws of the State of New York or any junior college, college or university operated under or by any municipal or quasi-municipal subdivision or agency.

SCREEN or SCREENING

A strip at least 10 feet wide, densely planted (or having equivalent natural growth) with shrubs or trees at least four feet high at the time of planting, of a type that will form a year-round dense screen at least six feet high within three years;

An opaque wall or barrier or uniformly painted opaque fence at least six feet high; or

SETBACK, EXISTING OR ESTABLISHED

Any other islands, barriers, emplacements, walls, fences, trees, plantings, shrubbery or other artificial or natural dividing strip or marker of any kind, wherever located on the site, conditioned or required in any building permit, certificate of occupancy/compliance, site development plan, subdivision approval, special permit, variance, zone change or other requirement of any board, agency, commission or official of the City of Port Jervis pursuant to this chapter.

SELF-STORAGE WAREHOUSE

A compartmentalized warehouse in which the renter of a self-contained storage unit has direct access to that space.

SENSITIVE SITE

Includes residential facilities or institutions (but not individual residences), health care facilities, churches, synagogues, mosques or other places of worship, schools, child or day nursery facilities, public or semipublic parks or recreational facilities, or any adult-oriented businesses.

The median setback (front, rear or side) of all existing structures located on the same side of the street and within the same block and same zoning district.

SETBACK, FRONT

The required minimum distance from the building or use to the front lot line.

SETBACK, REAR

The required minimum distance from the building or use to the rear lot line.

SETBACK, SIDE

The required minimum distance from the building or use to any lot line other than to the front or rear lot line.

SHOPPING CENTER

A structure or structures and customary parking and loading areas providing for a variety of retail commercial establishments managed as a unit and having the following characteristics:

A unified architectural treatment and identifiable theme relating each of the commercial establishments within.

A common interrelated parking and site circulation system with consolidated access to public roads.

SIDEWALK CAFE

An outdoor dining area, located on a private sidewalk or public property, which is public through dedication or easement, or public right-of-way that provides waiter or waitress service and contains readily removable tables, chairs, railings and may contain planters. It is otherwise unenclosed by fixed walls and open to the air, except that it may have a retractable awning or umbrellas, or other nonpermanent covers.

SIGN

Any device visible from a public place whose essential purpose and design is to convey either commercial or noncommercial messages by means of graphic presentation of alphabetic or pictorial symbols or representations. Noncommercial flags or any flags displayed from flagpoles or staffs will not be considered to be signs.

SIGN STRUCTURE

Any structure designed for the support of a sign.

SMOKE

Any emission into the open air from combustion from any source, except emissions of uncontaminated water vapor.

SPECIFIED ANATOMICAL AREAS

The emission produced by the burning of a tobacco product or tobacco-related product, cannabis product or cannabis-related product or the heating of an e-cigarette which creates a vapor.

[Added 11-28-2022 by L.L. No. 11-2022]

SMOKING

The burning of a tobacco or cannabis product or related product or the heating or ignition of an e-cigarette which creates a vapor.

[Added 11-28-2022 by L.L. No. 11-2022]

SPECIAL USE

A land use which is deemed permissible within a given zoning district or districts, but which may have the potential to exhibit characteristics or create impacts incompatible with the purposes of such district. The special use shall, therefore, be subject to approval by the Planning Board in accordance with conditions set forth for such use, as well as other applicable provisions of this chapter. Both general and specific conditions have been established for special uses to ensure that such use is in harmony with the City Zoning Law and will not adversely affect the neighborhood if the requirements are met.

SPECIALTY FOOD STORE

Includes (but not limited to) bakeries, green grocers, cheeses, health foods, candles, gourmet foods, and delicatessens.

Includes:

Less than completely or opaquely concealed:

Human genitals;

Pubic region;

Buttock;

Anus; or

Female breast below a point immediately above the top of the areola; or

SPECIFIED SEXUAL ACTIVITIES

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

Includes:

Actual or simulated fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast;

Actual of simulated acts of human masturbation, sexual intercourse, contact between the mouth and genitals, contact between the mouth and anus, or contact between the mouth and breast;

Human genitals in a state of sexual stimulation or arousal;

TOBACCO or TOBACCO-RELATED PRODUCT

Human excretory functions; or

(5)

Actual or simulated sexual acts between humans and animals.

STEEP SLOPES

Areas with an average slope in excess of 20% or more over a horizontal distance of 100 feet.

STORAGE

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

STORY

That portion of a building included between the surface of any floor and the surface of the floor above it, or if there is no floor above it, then the space between the floor and the top of the ceiling beams next above it. A basement shall be counted as a story if the ceiling is more than four feet above the level from which the height of the building is measured, if it is used for dwelling purposes by other than a janitor or night watchman. In a nonresidential building, each basement in excess of eight feet in height shall be counted as a story.

STORY, HEIGHT OF

The vertical distance from the top surface of the floor to the top surface of the floor next above. The height of the topmost story is the distance from the top surface of the floor to the top surface of the ceiling joists.

STREET

An existing state, county, or City highway or a way shown on a subdivision plat approved by the City Planning Board, as provided by the General City Law.

STREET GRADE

The officially established grade of the street upon which a lot fronts. If there is no officially established grade, the existing grade of the street shall be taken as the street grade.

STREET LINE

The dividing line between a street and a lot.

STRUCTURE

Any building within the normal meaning and, in addition, any other thing constructed on a lot, the use of which requires location on the ground or attachment to something having location on the ground, and which exceeds four feet in height at its highest point when measured perpendicular from the ground at that point.

SUBDIVISION

Any land, vacant or improved, which is divided or proposed to be divided into two or more lots, parcels, sites, units, plots or interests for the purpose of offer, sale, lease, or development, either on the installment plan or upon any and all other plans, terms, and conditions, including resubdivision. "Subdivision" includes the division or development of residential and nonresidential zoned land, whether by deed, metes and bounds description, devise, intestacy, lease, map, plat, or other recorded instrument.

SUBSTANTIAL IMPROVEMENT

Any repair, reconstruction, or improvement of a structure, the cost of which exceeds 50% of the value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are necessary solely to assure safe living conditions or any alteration of a structure listed on the National Register of Historic Places, the State-Wide Inventory of Historic and Cultural Resources, or the City Inventory of Historic Structures.

SWIMMING POOL

A man-made body of water at least two feet deep and having a total area of more than 200 square feet, to be used for swimming and bathing, in or above the ground outside any building.

TASTING ROOM

A facility, or portion of a facility, accessory to a brewery, brew pub, microbrewery, distillery, microdistillery or winery, where guests may sample the manufacturer's products and purchase same.

TEMPORARY SIGN

A sign intended to display either commercial or noncommercial messages of a transitory or temporary nature. Portable signs or any sign not permanently embedded in the ground, or not permanently affixed to a building or sign structure that is permanently embedded in the ground, are considered temporary signs.

THC

Tetrahydrocannabinol or the main psychoactive compound in cannabis that produces the high sensation.

[Added 11-28-2022 by L.L. No. 11-2022]

THEATER, MOTION-PICTURE

A building or a part of a building devoted to the showing of motion pictures on a paid admission basis.

Any manufactured product containing tobacco or nicotine, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, bidis, snus, shisha, powdered and/or dissolvable tobacco products, liquid nicotine, vapes, and e-cigarette cartridges, whether packaged or not; any packaging that indicates it might contain any substance containing tobacco or nicotine; or any object utilized for the purpose of smoking or inhaling tobacco or nicotine products.

[Added 11-28-2022 by L.L. No. 11-2022]

TOBACCO RETAILER

Any establishment which offers for sale or consideration tobacco or tobacco-related products, including CBD or other substances, but not THC.

[Added 11-28-2022 by L.L. No. 11-2022]

TOURIST ACCOMMODATIONS

A dwelling in which overnight accommodations are provided or offered for transient guests for compensation.

TOXIC OR NOXIOUS MATTER

Any solid, liquid, or gaseous matter, including but not limited to gases, vapors, dust, fumes, and mists, containing properties which by chemical means are inherently harmful and likely to destroy life or impair health or likely to cause injury to the well-being of persons and living matter or damage to property.

TRADE SHOP

A workshop of any person employed in a skilled trade, in which the items fabricated and created on the premises are also sold from the premises with other retail items. This definition shall include, but shall not be limited to, woodworking, carpentry, upholstery, printing and copying, and machine printing.

TRAILER

TRAILER, CAMPINGA folding structure, mounted on wheels and designed for travel, recreation and vacation use.

TRAILER, TRAVELA vehicular, portable structure built on a chassis, designed as a temporary one-family dwelling for travel, recreation and vacation, having a body length not exceeding 26 feet.

UNDER-CANOPY SIGN OR UNDER-MARQUEE SIGN

OFFICEA vehicular, portable structure built on a chassis, designed as a temporary facility for such uses as banking, on-site construction supervision, etc.

TRANSPORTATION CENTER

Includes (but not limited to) bus and train stations, whether publicly or privately sponsored.

A sign attached to the underside of a canopy or marquee.

USABLE OPEN SPACE

An unenclosed portion of the ground of a lot which is not devoted to driveways or parking spaces, which is free of structures of any kind, of which not more than 25% is roofed for shelter purposes only, the minimum dimension of which is 40 feet and which is available and accessible to all occupants of the building or buildings on said lot for purposes of active or passive outdoor recreation.

USE

The specific purpose for which land, water, or a building or structure is designed, arranged, or intended, or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.

USE VARIANCE

The authorization by the Zoning Board of Appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations.

USE, ACCESSORY

A use customarily incidental and subordinate to the primary use on a lot, whether such accessory use is conducted in a principal or accessory building on the lot.

USE, PRINCIPAL

The primary or predominant use for which a lot or building is used.

UTILITY, PRIVATE

Those normal and customary services to a building or group of buildings within a corporate park or subdivision necessary to provide heat, electric power, water, sanitary waste disposal, and/or fire protection.

UTILITY, PUBLIC

Any person, firm, corporation, or municipal agency duly authorized to furnish to the public, under public regulation, electricity, gas, water, sewage treatment, steam, cable television, telephone or telegraph.

V SIGN

A sign containing two faces of equal size, positioned at an interior angle subtending less than 179° at the point of juncture of the individual faces.

VARIANCE

Action of the Zoning Board of Appeals, pursuant to the General City Law, to vary or modify the application of any of the regulations or provisions of this chapter.

WALL OR FASCIA SIGN

A sign that is in any manner affixed to any exterior wall of a building or structure and that projects not more than 18 inches from the building or structure wall. Also includes signs affixed to architectural projections that project from a building, provided that the copy area of such signs remains on a parallel plane to the face of the building facade or to the face or faces of the architectural projection to which it is affixed.

WAREHOUSE

A building, or part of a building, for storing of goods, wares, and merchandise, whether for the owner or for others, and whether it is a public or private warehouse.

WAY

A street or alley or other thoroughfare or easement permanently established for passage of persons or vehicles.

WINDOW SIGN

A sign affixed to the surface of a window with its message intended to be visible to the exterior environment.

WINE BAR

A business enterprise engaged in the primary service of the sale of on-premises consumption of wine and beer. This does not include the service of liquor. Such is to be distinguished from a restaurant in that a restaurant's primary purpose is the preparing and service of food and beverages while a wine bar may also serve food and other beverages but it need not be its primary purpose.

WINERY

A facility where vinous liquors are produced, manufactured or sold in accordance with retail and/or wholesale licenses required by New York State.

YARD

FRONTThe unoccupied space fully open to the sky within and extending the full width of the lot from the street line to a line drawn parallel thereto.

REARThe unoccupied space fully open to the sky within and extending the full width of the lot from the rear lot line to a line drawn parallel thereto.