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
(1)
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.
(2)
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:
(a)
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
(b)
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:
(1)
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
(2)
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:
(1)
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.
(2)
MECHANICALLY ACTIVATEDAnimated signs characterized by repetitive motion and/or rotation activated by a mechanical system powered by electric motors or other mechanically induced means.
(3)
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:
(a)
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.
(b)
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."
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.
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.
BOTTLE AND CAN REDEMPTION CENTERS
Bottle and can redemption centers are defined as commercial
establishments that accept empty beverage containers for redemption
from the public and pay the refund value. Bottle and can redemption
centers shall be open to any person offering to pay the refund value
of an empty beverage container or to any person who contracts with
one or more dealers or distributors to collect, sort and obtain the
refund value and handling fee of empty beverage containers for, or
on behalf of, such dealer or distributor. Approval of such centers
must be conditioned upon:
[Added 6-12-2023 by L.L. No. 5-2023]
(1)
The applicant must obtain registration for such center with
New York State pursuant to 6 NYCRR Part 367;
(2)
The center must post a "redemption warning" sign, pursuant
to Environmental Conservation Law § 27-1015(4), which states
that there is a penalty for returning containers on which a deposit
was never paid in New York State. The sign must be at least eight
inches by 10 inches, with print at least one inch in size; and
(3)
The center shall not, pursuant to Environmental Conservation
Law § 27-1007(10), knowingly redeem an empty beverage container
on which a deposit was never paid in New York State.
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, 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.
CANNABIS or CANNABIS-RELATED PRODUCT
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:
(1)
MANUALLY ACTIVATEDChangeable sign whose message copy or content can be changed manually on a display surface.
(2)
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.
(1)
RECREATIONALIncludes recreational facilities such as tennis courts, swimming pools, golf courses, canoe launching areas, fishing areas, and other athletic purposes.
(2)
NONRECREATIONALIncludes premises and buildings for social, cultural, political or fraternal purposes.
COMMERCIAL OUTDOOR ADVERTISING SIGN
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.
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").
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.
ENTERTAINMENT
Includes:
(2)
Films, motion pictures, videocassettes, digital video discs,
slides or other visual image; or
(3)
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.
FAMILY
(1)
Occupancy.
(a)
One, two, or three persons occupying a dwelling unit; or
(b)
Four or more persons occupying a dwelling unit and living together
as a traditional family or the functional equivalent of a traditional
family.
(2)
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.
(3)
In determining whether individuals are living together as the
functional equivalent of a traditional family, the following criteria
must be present:
(a)
The group is one which in theory, size, appearance, structure
and function resembles a traditional family unit.
(b)
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.
FILED MAP
Any map, survey, or plat filed in the County Clerk's office
of Orange County.
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.
FLOOD
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
(1)
The overflow of inland waters.
(2)
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:
(2)
Attic space, whether or not a floor has been laid, over which
there is structural headroom of six feet three inches or more.
(3)
Roofed porches, breezeways, indoor parking and garages.
(4)
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.
GLARE
The eye's line-of-sight contact with a direct light source
that causes annoyance, discomfort, or loss in visual performance and
ability.
GRADE, ESTABLISHED STREET
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.
HABITABLE ROOM
(1)
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:
(b)
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.
(2)
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
(1)
An occupation or profession which:
(a)
Is customarily carried on in a dwelling unit;
(b)
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.
(2)
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.
(3)
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.
(4)
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.
(1)
RESIDENTIALA facility characterized by the single-room occupancy of individuals making such accommodations their principal (or only) place of residence.
(2)
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).
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, 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.
[Amended 6-12-2023 by L.L. No. 6-2023]
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.
(1)
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.
(2)
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, 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.
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.
MOTOR VEHICLE REPAIR SHOP
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.
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, pet 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.
[Amended 6-12-2023 by L.L. No. 6-2023]
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
(1)
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.
(2)
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.
(3)
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.
RESEARCH, DESIGN AND DEVELOPMENT LABORATORY
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.
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.
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
(1)
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;
(2)
An opaque wall or barrier or uniformly painted opaque fence
at least six feet high; or
(3)
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.
SETBACK, EXISTING OR ESTABLISHED
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:
(1)
A unified architectural treatment and identifiable theme relating
each of the commercial establishments within.
(2)
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.
SMOKE
(1)
Any emission into the open air from combustion from any source,
except emissions of uncontaminated water vapor.
(2)
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.
SPECIFIED ANATOMICAL AREAS
Includes:
(1)
Less than completely or opaquely concealed:
(e)
Female breast below a point immediately above the top of the
areola; or
(2)
Human male genitals in a discernible turgid state, even if completely
and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
Includes:
(1)
Actual or simulated fondling or other erotic touching of human
genitals, pubic region, buttocks, anus, or female breast;
(2)
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;
(3)
Human genitals in a state of sexual stimulation or arousal;
(4)
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.
TOBACCO or TOBACCO-RELATED PRODUCT
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
(1)
TRAILER, CAMPINGA folding structure, mounted on wheels and designed for travel, recreation and vacation use.
(2)
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.
(3)
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.
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
(1)
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.
(2)
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.
(3)
SIDEThe unoccupied space fully open to the sky within the lot, extending in full distance from the front yard to the rear yard and measured from the side lot line to a line drawn parallel thereto.
YARD STORAGE
An area used in conjunction with a permitted principal use
for placement of equipment, materials and supplies used in the principal
use. The area occupied by the storage yard must comply with setback
requirements and cannot be considered part of the open space of a
site.
ZONING MAP
A map adopted by the Common Council, pursuant to the requirements
of the General City Law, which depicts the City and the boundaries
of the zoning districts regulated in this chapter.