Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
ACCESSORY ANTENNA STRUCTURE
An accessory structure which is used in conjunction with
an antenna or antenna tower at a telecommunications facility and which
is located on the same lot as said telecommunications facility. Examples
of such structures shall include but shall not be limited to utility
or transmission equipment, storage sheds or cabinets.
ADULT BOOKSTORE
A business enterprise which has as a substantial portion
of its goods, merchandise or wares printed, visual or audio material
of any kind or other novelties which are characterized by their emphasis
on specified anatomical areas or specified sexual activities, including
any such establishment having a substantial area devoted to the sale
and display of such material. For purposes of this definition, "substantial
portion" or "substantial area" shall mean 30% or more of any of the
following:
(1)
The number of different titles or kinds of such goods, merchandise
or wares.
(2)
The number of copies or pieces of such goods, merchandise or
wares.
(3)
The amount of floor space devoted to the sale and display of
such goods, merchandise or wares.
(4)
The amount of advertising which is devoted to such goods, merchandise
or wares, either in print or otherwise promoted via the broadcast
media.
ADULT CABARET
A business enterprise which serves food or beverages for
consumption on the premises, with or without carry-out service, which
features entertainers or waiters and/or waitresses who display any
specified anatomical area or who depict, describe or simulate specified
sexual activities.
ADULT ENTERTAINMENT ESTABLISHMENT
Any business enterprise which is other than an adult bookstore
or adult cabaret and which has presentations characterized by an emphasis
on the description or depiction of specified anatomical areas or specified
sexual activities during live shows, motion-picture films or sound
recordings presented to an audience of one or more individuals. Also
included in this definition is any business enterprise, other than
a bona fide medical or health service establishment, requiring a client
or customer to display any specified anatomical area.
AMATEUR OPERATOR
A person who is interested in radio technique solely with
a personal aim, without pecuniary interest, and who holds a written
authorization from the Federal Communications Commission to be the
control operator of an amateur station.
AMATEUR RADIO SERVICES
The amateur service, the amateur satellite service and the
radio amateur civil emergency service.
AMATEUR SATELLITE SERVICE
Radio telecommunications which use stations on earth-orbiting
satellites for the same purposes as those of the amateur service.
AMATEUR SERVICE
Radio telecommunications which are carried out by amateur
operators for the purposes of self-training, intercommunications and
technical investigations.
ANTENNA
A system of electrical conductors which is used to transmit,
receive, or transmit and receive radio wave services or microwave
signals. Such signals include but shall not be limited to amateur
radio services, direct-to-premises satellite service, cellular service,
mobile service, personal communications services, unlicensed wireless
service, paging services, radio and television broadcast services
and other similar telecommunications services.
ANTENNA OR ANTENNA SUPPORT, ROOF-MOUNTED
An antenna which is mounted on the roof of a building, or
a structure which is mounted on the roof of a building and which is
used to mount or support antennas.
ANTENNA OR ANTENNA TOWER, FREESTANDING
An antenna or an antenna tower which is neither mounted on
a building nor attached to or supported by an adjoining building by
means of a rigid structural support.
ANTENNA TOWER
A structure which is used to support an antenna. This definition
shall include, but shall not be limited to, lattice-type antenna support
structures which are freestanding, guyed, or wholly or partly supported
by another structure (such as a building); monopoles; antenna support
structures which employ camouflage technology; and other similar structures.
ANTENNA, CO-LOCATED
A telecommunications facility which uses an existing building,
antenna tower or other structure for the placement of antennas, without
need for the placement, erection or construction of a separate antenna
tower for said placement of antennas.
ANTENNA, SATELLITE DISH
An antenna which is in a shallow, concave (usually parabolic)
shape with a reflective surface and which is used to transmit, receive,
or transmit and receive radio wave or microwave signals from earth-orbiting
satellites.
APARTMENT
A series of dwelling units located in a building and generally
having common access to the outside.
ASSISTED-LIVING FACILITY
A facility which provides residential units and extensive
support services for senior citizens who, by reason of physical or
mental limitations associated with age, may not be able to live independently.
Support services in an assisted-living facility may include, but shall
not be limited to, provision of at least one meal per day in a common
dining area, indoor or outdoor facilities or activities for education,
recreation or socialization, transportation, laundry and housekeeping
services, and personal care services such as medication, supervision
and assistance with the routine activities of daily life, such as
bathing, dressing, grooming, eating, and ambulation.
BAR, TAVERN or NIGHTCLUB
A business enterprise which is conducted wholly or partly
in a building and which primarily sells or serves alcoholic beverages
to the public, and which provides for the consumption of such beverages
on the premises, subject to the regulatory authority of the New York
State Liquor Authority. "Bar, tavern or nightclub" shall not include
restaurants, adult cabarets or adult entertainment establishments.
This definition shall include the sale and on-site consumption of
alcoholic beverages when established as an accessory use to any other
principal use than a restaurant.
BOAT MOORING SLIP
Any mooring accommodation for a boat or other watercraft
while afloat.
BOAT-LAUNCHING STRUCTURE
A structure which is used for transporting a boat between
the water and the land. This definition shall not include governmentally
licensed trailers which are used for transporting boats or personal
watercraft on the land or for incidentally transporting boats or personal
watercraft between the water and the land.
BOAT-LAUNCHING STRUCTURE, PERMANENT
A fixed, steadfast, boat-launching structure which is placed,
erected or constructed so that all of or any part of said structure
is designed or planned to exist, function, stand or continue indefinitely
in the same location, by weight or by method of attachment.
BOAT-STORAGE STRUCTURE
A structure which is used for containing, storing or sheltering
a boat. This definition shall not include governmentally licensed
trailers which are used for transporting boats or personal watercraft
on the land or for incidentally transporting boats or personal watercraft
between the water and the land.
BUILDING
A structure which is wholly or partially enclosed within
exterior walls, or within exterior and party walls, and a roof.
BUILDING HEIGHT
The vertical distance from the highest adjacent grade to
the highest roof peak.
BUILDING PERMIT
A document issued by the Building Inspector which authorizes the placement, erection or construction of a building or addition thereto in compliance with all applicable regulations of the Town of Greece Chapter
114 and Title 19 NYCRR (Building Codes of New York State).
BUILDING, PRINCIPAL
A building in which one or more of the principal uses permitted
by this chapter are conducted.
BUILDING-INTEGRATED SOLAR ENERGY SYSTEM
A combination of solar panels and solar energy equipment
integrated into any building envelope system such as vertical facades,
semitransparent skylight systems, roofing materials, or shading over
windows, which produce electricity for on-site consumption.
BUSINESS CENTER
(1)
Two or more principal, nonresidential uses which:
(a)
Occupy one or more buildings or lots.
(b)
Share vehicular access to one or more public streets.
(d)
Function as a single, integrated site, regardless of the ownership
of the lots which comprise said site.
(2)
For purposes of this chapter, "business center" shall include
shopping centers, plazas and malls, office parks, and other similar
nonresidential sites.
CELLULAR SERVICE
Radio telecommunications which are provided by the use of
a cellular system.
CELLULAR SYSTEM
An automated high-capacity radio telecommunication system
which provides radio telecommunication services to mobile stations
over a wide area through the use of one or more multichannel fixed
stations in a manner which efficiently uses the available radio frequency
spectrum. In order to enable channels to be reused at relatively short
distances, cellular systems employ techniques such as low transmitting
power and automatic handoff between fixed stations of communications
in progress. In order to increase system capacity, cellular systems
also may employ digital technologies, including but not limited to
voice encoding and decoding, data compression, error correction and
time- or code-division multiple access.
CERTIFICATE OF OCCUPANCY
A document issued by the Building Inspector which signifies
that a building or addition thereto and site comply with all applicable
regulations of the Town of Greece and Title 19 NYCRR (Building Codes
of New York State) and all plans and specifications for said building
or addition and site.
CHURCH/PLACE OF WORSHIP
A permitted place of assembly, which may include but is not
limited to temples, mosques, synagogues, churches or other places
primarily intended for worship, together with its accessory buildings
and uses.
CO-LOCATION
The mounting of telecommunications facilities which are used
by two or more telecommunications service providers on the same existing
building, antenna tower or other structure.
COMFORT CARE HOME
A one-family dwelling which is used by a person, as defined
by this chapter, for the purpose of providing palliative and supportive
care to, at any given time, not more than two individuals in the stages
of terminal illness. Said care typically is provided on a twenty-four-hour
basis by volunteers under the supervision of the ill persons' family
members and physicians and home care agencies and typically includes,
but is not limited to, companionship and assistance with routine activities
of daily life.
COMMERCIAL RECREATION USE
Indoor or outdoor establishments which principally accommodate
activities, including but not limited to sports and leisure, exercise
facilities, bowling centers, arcades, miniature golf, skating rinks,
theaters, auditoriums, and other customary recreational or entertainment
activities. Commercial recreation uses may include accessory uses
and facilities, including juice or snack bar, equipment sales and
similar uses.
COMMERCIAL VEHICLE
Any vehicle (as defined by the New York State Vehicle and
Traffic Law) that has the following characteristics:
(1)
Has taxi or livery license plates; or
(2)
Has a gross vehicle weight rating of more than 6,000 pounds
and:
(a)
Has its ownership title in the name of a company or corporation;
or
(b)
Is used for business or commercial purposes but has its ownership
title in an individual's name, such as the proprietor of such business;
or
(c)
Is used for business or commercial purposes, such as the transportation
of goods, wares, merchandise, materials or equipment; or
(d)
Carries tools, supplies, materials, merchandise or equipment
that is visible from the outside of the vehicle when any of its access
doors are open.
COMMON CARRIER
An individual, partnership, association, joint-stock company,
trust or corporation, duly licensed by the Federal Communications
Commission, which offers and provides telecommunications services
to the general public or to such classes of users as to be in effect
available to the general public at established and stated prices.
CORRAL
A space or area enclosed by a fence within which horses,
ponies or similar types of animals are allowed to move freely.
DAY CARE, IN-HOME
A dwelling unit which is authorized in accordance with the
rules and regulations of the New York State Department of Social Services
to provide instruction, supervision or care for children who do not
customarily reside in said dwelling unit.
DAY-CARE CENTER
A facility which is authorized in accordance with the rules
and regulations of the New York State Department of Social Services
to provide instruction, supervision or care for children who do not
customarily reside in said facility.
DECK
An accessory structure, as determined by the Building Inspector,
which forms a level, roofless walking surface above ground level and
which is greater than 50 square feet in area.
DENSITY
The number of dwelling units or residential units per gross
acre of land.
DIRECT-TO-PREMISES SATELLITE SERVICE
Radio telecommunications which transmit, broadcast or distribute
programming or services by satellite directly to ground receiving
equipment on the premises of a subscriber to said service, without
the use of other ground receiving or distribution equipment.
DISTRICT, MIXED USE
All of the following zoning classifications of land as defined
in this chapter and as delineated on the Official Zoning Map: Neighborhood
Business (BN) District; Dewey Avenue Mixed Use (DMU) District; Planned
Mixed Use (PMU) District; and the Waterfront Development (WD) District.
DISTRICT, NONRESIDENTIAL
All of the following zoning classifications of land as defined
in this chapter and as delineated on the Official Zoning Map: Central
Health Care (CHC) District; Professional Business (BP) District; Restricted
Business (BR) District; General Business (BG) District; Flexible Office/Industrial
(FOI) District; Light Industrial (IL) District; General Industrial
(IG) District; Public Land (PL) District.
DISTRICT, OVERLAY
All of the following zoning classifications of land as defined
in this chapter and as delineated on the Official Zoning Map: Canal
Corridor Overlay (CCO) District; and Economic Development and Innovation
Overlay (EDIO) District.
DISTRICT, RESIDENTIAL
All of the following zoning classifications of land as defined
in this chapter and as delineated on the Official Zoning Map: Single-Family
Residential (R1-44, R1-18, R1-10 and R1-E) District; Planned Residential
(RP) District; Multiple-Family Residential (RM) District; and Senior
Citizen (RS) District.
DOCK
A wharf, pier or other similar structure with a platform
and approved by the United States Army Corps of Engineers, which extends
along the shoreline of navigable waters, or from such shoreline at
an angle into such water, and which may be used for the purpose of
mooring, loading or unloading boats or other watercraft.
DRIVE-UP FACILITY
A principal or accessory use that, by design, physical facilities,
service procedures or packaging procedures, permits customers to drop
off or receive information or instructions, or to receive services
or obtain goods, merchandise or wares, while remaining in a motor
vehicles on the premises. This definition shall not include fuel dispensing
stations and motor vehicle service stations, as defined by this chapter,
or designated areas that are accessory to retail uses and are provided
as a customer convenience for the purpose of loading typically large,
heavy or unwieldy goods, merchandise or wares into a vehicle.
DRIVEWAY, RESIDENTIAL
A private road or drive, including an apron, which provides
a means of vehicular access between a street and a dwelling unit.
DWELLING UNIT
A single unit providing complete independent living facilities
for one or more persons, including permanent provision for living,
sleeping, eating, cooking and sanitation. This definition does not
include recreational vehicles as defined in this chapter.
ENERGY-GENERATION FACILITIES
An industrial facility for the generation of electric power,
generally connected to an electrical grid and includes generated electrical
energy from renewable energy sources, including but not limited to
hydroelectric power station(s), solar, wind, marine, osmosis and biomass.
FAMILY
(1)
One or more persons, whether or not related to each other by
blood, marriage or adoption, all living together as a single, stable,
permanent and bona fide housekeeping unit, so long as such persons
together occupy and own, lease or rent the whole of a dwelling in
a family-like living arrangement as the functional equivalent of a
natural family and use all rooms and housekeeping facilities in common.
(2)
Any such number of persons shall not be deemed to constitute
a family if:
(a)
Any one of such persons may not have lawful access to all parts
of the dwelling;
(b)
Any one or more of such persons lease or rent any separate portion
of such dwelling from any other person; or
(c)
Residency is temporary or transitional, either as part of an
educational, medical, rehabilitation or treatment process or otherwise.
(3)
The presumption provided for in Subsection
(2) shall be rebuttable. Such presumption shall not preclude the Director of Planning and Economic Development from making a determination that the dwelling is not occupied by one family based on other facts whether or not listed in Subsection
(2) of this definition. Upon any appeal to the Board of Zoning Appeals, the burden of proof shall be on the owner and/or resident to rebut such presumption.
FARM
A lot or any combination of contiguous lots either owned
or leased which, for the purposes of this chapter, comprises not less
than 10 acres in area, unless otherwise determined to be a farm operation
consistent with Article 25-AA of New York State Agriculture and Markets
Law, and which principally consists of the use of land, buildings,
equipment and practices, to carry out an agricultural enterprise,
including but not limited to cultivating, processing, storing or selling
of agricultural products produced on site. This definition shall not
include stables, as defined by this chapter, or stockyards or commercial
feedlots or as defined by the New York State Department of Agriculture
and Markets.
FUEL DISPENSING STATION
A lot or structure, available to the public and operated for commercial gain, which is used principally for the sale and dispensing of motor vehicle fuels, with or without retail sales of other goods or merchandise. This definition shall include electric vehicle charging points where they are not classified as an accessory use pursuant to §
211-38.
GARAGE, PRIVATE
An accessory building greater than 200 square feet in area,
whether attached or detached, located in a single-family residential
district, customarily used for storage of motor vehicles and other
residential appurtenances.
GROSS FLOOR AREA (GFA)
The sum of the area of all floors in a building measured
from exterior walls, including basements and cellars as defined in
and regulated by Title 19 NYCRR (Building Codes of New York State).
GROUP INSTRUCTION FACILITY
A facility which offers to the general public, or to such
classes of users as to be in effect available to the general public,
special or limited instruction to two or more persons at one time
in music, art, drama, dance, sewing, cooking, swimming, gymnastics,
martial arts, use of computers, driving an automobile or other similar
areas of interest but which does not grant degrees. This definition
shall not include schools or technical/vocational schools, as defined
by this chapter.
HOME OCCUPATION
A nonresidential accessory use which:
(1)
Is conducted in a dwelling unit.
(2)
Is clearly incidental, secondary or subordinate to the use of
said dwelling unit for customary residential purposes.
(3)
Is conducted by a resident member of the family which resides
in said dwelling unit.
(4)
Complies with the applicable regulations which govern development review and operation for said use, as established in §
211-26.
(5)
Complies with Title 19 NYCRR (Building Codes of New York State).
HOSPICE
A facility certified or licensed by the New York State Department
of Health for a coordinated program of home and inpatient care which
treats the terminally ill patient and family as a unit, employing
an interdisciplinary team acting under the direction of an autonomous
hospice administrator.
HOSPITAL
A facility which is authorized in accordance with the rules
and regulations of the New York State Department of Health to provide
diagnostic and therapeutic services for the medical diagnosis, treatment
and care of sick or injured persons. Said services shall include,
but shall not be limited to:
(2)
Twenty-four-hour patient services by or under the supervision
of physicians.
(3)
Medical, surgical, laboratory and radiology services.
HOTEL
A business enterprise which offers to the general public
temporary lodging accommodations that are used, rented or hired out
to be occupied by transient guests who have their residences elsewhere,
and which may contain other facilities accessory thereto which primarily
are intended for use by such guests, including but not limited to
snack bars, recreational facilities or activities, and retail shops
for the sale of souvenirs and sundries, or which are intended for
use by such guests as well as the general public, including but not
limited to meeting rooms and restaurants or other dining facilities.
This definition shall not include tourist homes, as defined by this
chapter.
IN-LAW
A relative by marriage.
IN-LAW APARTMENT
A residential accessory use that:
(1)
Is located in a one-family dwelling;
(2)
Is clearly incidental, secondary or subordinate to the primary
one-family residential use; and
(3)
Is occupied by a resident member of the family that resides
in such dwelling, or by an in-law of such family.
JUNK
Any manufactured good, appliance, fixture, furniture, machinery,
motor vehicle, recreational vehicle, trailer or similar object which
is abandoned, demolished, discarded, dismantled or so worn, deteriorated
or in such a condition as to be generally unusable in its existing
state. This definition shall include but shall not be limited to scrap
metal, scrap material, waste bottles, cans, paper, rubble, boxes,
crates, rags, used construction materials, motor vehicle parts and
used tires.
KENNEL
Any building or lot on which four or more domesticated animals,
more than four months of age, are housed, groomed, bred, or boarded,
including animal shelters, where animals are housed and offered for
adoption. This definition shall not include the housing, grooming
or boarding of animals as an accessory use to retail sales of pets
and pet supplies and/or as a part of a veterinarian's office.
LAND DISTURBANCE
Any man-made change to improved or unimproved real estate, including but not limited to: any activity which removed the vegetative surface cover; filling; grading; clear-cutting; and/or removal of trees, hedgerows, or other woody materials. Exempt from this requirement is maintenance and mowing as required by §
157-5A(6) of the Code of the Town of Greece (Property Maintenance) and New York State Department of Agriculture and Markets activities.
LANDSCAPE GUIDELINES
Guidelines available for reference to the general public
from the Department of Planning and Economic Development which should
be used as an aid in the preparation of commercial, industrial and
multiple-family residential site plans.
LANDSCAPED AREA
In nonresidential districts, the area of a lot between the
parking area and a public right-of-way utilized for the planting of
landscape and/or utilized for green space. The storage of merchandise
and/or parking of motor vehicles shall be prohibited in this area.
LEGAL PREEXISTING LOT, STRUCTURE OR USE
A lot, structure or use which existed before the effective date of this chapter or any amendment thereto affecting such lot, structure or use and which complied with all applicable zoning regulations in force and effect at the time that said lot, structure or use was established. Refer to §
211-25.
LOT
A tract of land which is identified as a separate parcel
on an approved subdivision map or plat or in a deed which is filed
or recorded in the office of the Monroe County Clerk.
LOT AREA
The entire area within the lot lines, excluding any portion
thereof which is within the right-of-way of a public highway.
LOT COVERAGE
The percentage of the area of a lot or business center which
is covered by buildings, based on the first-floor area of each building
and measured at the foundation line. In all residential districts
the following accessory uses shall be included in the determination
of lot coverage: swimming pools, paved (with impervious materials)
tennis or basketball courts where said courts are not part of a functioning
driveway and decks which are 1.5 feet or greater in height. Said deck
height shall be measured from the walking surface of said deck to
the ground directly beneath said deck.
LOT DEPTH
The distance between the front and the rear lot lines, measured
from the midpoint of the front lot line to the midpoint of the rear
lot line.
LOT LINE
A line which forms the boundary of a lot.
LOT LINE, CORNER
On a nonresidential lot, the lot line which adjoins a street
and which intersects the front lot line of the same lot.
LOT LINE, FRONT
A lot line which adjoins a street and which is on the same
side of a lot as the front of a building on said lot, as determined
by the Director of Planning and Economic Development, or, in the case
of a residential corner, irregular or curvilinear lot, all lot lines
which adjoin any street. On waterfront lots, the front lot line shall
be defined as a lot line which adjoins a body of water.
LOT LINE, REAR
A lot line which is generally parallel to and the most distant
from the front lot line of the same lot. On irregular, curvilinear,
triangular or wedge-shaped lots for which there is no clearly identifiable
rear lot line, the rear lot line shall be defined as an assumed line
which is 10 feet in length, entirely within said lot and which is
generally parallel to and the maximum distance from the front lot
line. On waterfront lots the rear lot line shall be defined as a lot
line which adjoins a street and which is generally parallel to and
the maximum possible distance from the front lot line.
LOT LINE, SIDE
A lot line which is not a front, corner or rear lot line
as defined by this chapter.
LOT WIDTH
The least distance across a lot between two side lot lines
or between a corner lot line and a side lot line, measured at the
front of the structure or setback line if no structure exists. In
the case of a residential corner lot, the lot width is the least distance
across the lot between a side lot line and the opposite front lot
line.
LOT, CORNER
A lot abutting two or more streets at their intersection
or upon two parts of the same street, such streets or parts of the
same street forming an interior angle of less than 135°. Each
yard abutting a street shall be deemed a front yard in residential
districts only. See Figure 3.
LOT, INTERIOR
A lot which has frontage on one public or private street
and which has side and rear lot lines common with adjoining lots.
See Figure 1.
LOT, THROUGH
A lot which has frontage on two parallel or generally parallel
streets.
LOT, WATERFRONT
A lot which adjoins Lake Ontario, Braddock Bay, Cranberry
Pond, Long Pond, Round Pond or Salmon Creek. See Figure 5.
MARINA
A service operation where the principal use is the docking,
harboring, mooring, and launching of watercraft, and including such
accessory uses and structures as docks and slips for rent, transient
slips, repair facilities, boat storage, marine fueling operations
and equipment, clubhouses, ship stores, parks, picnic areas and playgrounds,
and other water-dependent and water-oriented uses.
MINOR HOME HEALTH CARE FACILITY
A facility owned or operated by an individual or organization
where nursing care, instruction or other health, health-related and
social services are provided on a twenty-four-hour basis by or under
the supervision of family members, volunteers or physicians and where
said facility is not regulated by the New York State Department of
Health and where said facility, by all outward appearances, looks
and acts like a single-family residence.
MOBILE SERVICE
Radio telecommunications between mobile and fixed stations
or between mobile stations.
MONOPOLE
Any freestanding pole which is used to support an antenna.
MOTOR VEHICLE DEALERSHIP
A business enterprise for commercial gain where the principal
use is for the sale, lease or rental of new or used cars, trucks,
motorcycles, recreational vehicles or trailers, per the licensing
requirements of New York State Department of Motor Vehicles. Accessory
use(s) shall include, but not be limited to, related repairs or service
facilities.
MOTOR VEHICLE SERVICE STATION
A lot or structure, available to the public and operated
for commercial gain, which is used for the storage, lubricating, washing,
equipping, servicing, repair or modification of motor vehicles, including
but not limited to engine or transmission rebuilding or repair, body
or frame straightening or repair, painting, refinishing or undercoating,
or installation or repair of tires, glass, upholstery or radio or
audio equipment.
NEIGHBORHOOD AVERAGE
For any applicable characteristic of a lot, the arithmetic
mean of said characteristic on the abutting lots which front the same
side of the street as the subject lot. Applicable characteristics
of a lot shall include but shall not be limited to setback and lot
size.
NURSING HOME
A facility which is authorized in accordance with the rules
and regulations of the New York State Department of Health to provide
nursing care and other health, health-related and social services
on a twenty-four-hour basis by or under the supervision of physicians.
OFFICE
The use of a building or portion of a building for the provision
of executive, consulting, professional, management, or administrative
services. Typical uses include, but are not limited to, administrative
offices and services, including advertising, accounting, architecture,
archival services, design, engineering, financing, government, insurance,
investment, law, medical, laboratory testing service, data processing,
personnel, property management, real estate, sectorial services, telephone
answering, travel, and business offices of public utilities, organizations
and associations, or other use classifications when the service rendered
is that customarily associated with office services.
OFFICE, MEDICAL
Offices of health care professions licensed by the State
of New York, including but not limited to those of veterinarians,
physicians, dentists or other health care professionals.
OPEN SPACE
An area unobstructed by buildings from the ground upward,
except for walks, paths, landscaping or other site features in public,
common or other private ownership. Yards of individual lots occupied
by dwellings shall not constitute open space.
OUTDOOR STORAGE
The keeping, locating, storing, stockpiling, maintaining,
housing or placing of any goods, material or equipment of whatever
kind or nature or any vehicles, vessels, trucks, trailers, buses or
any parts thereof or any trailer or storage container, including rolloffs,
between the hours of 5:00 p.m. and 9:00 a.m. in any location other
than within an enclosed building or structure enclosed with walls
and a roof.
PARKING AREA
In nonresidential or multiple-family residential districts,
the area of a lot used for the parking of motor vehicles by customers,
employees, or inhabitants of said lot. For purposes of this chapter,
parking area shall also include parking lots.
PARKING SPACE
The space within which a vehicle is stored when not in use,
exclusive of any driveway which provides access thereto.
PATIO
A structure, as determined by the Building Inspector, which
forms a level, roofless walking surface at ground level.
PERSONAL COMMUNICATIONS SERVICES
Radio telecommunications which are offered and provided by
a common carrier, which encompass a variety of mobile, portable and
ancillary fixed communications services for individuals and businesses,
and which can be integrated with a variety of telecommunications technologies.
PORCH
A covered entrance to a building.
PUBLIC UTILITY
Any person, firm, corporation or governmental agency who
or which is duly authorized to furnish to the public, under governmental
regulation, electricity, gas, water, sewage treatment or steam.
RADIO TELECOMMUNICATIONS
Any telecommunications in which the transmission originates
or the reception terminates by means of Hertzian waves.
RECREATIONAL VEHICLE
A device which is used as, mounted on or pulled by a motor
vehicle and which is used for recreational purposes. For purposes
of this chapter, the definition of recreational vehicle shall include
but shall not be limited to travel trailers, tent trailers, pickup
campers, coach motorized dwellings (commonly known as "motor homes"),
boats, boat trailers, snow vehicles, racing vehicles, cycle trailers,
utility trailers or similar vehicles or equipment.
RESIDENTIAL UNIT
One or more rooms in a senior citizen residential facility
which provides sleeping facilities for the occupants thereof and which
also may include provisions for living, cooking and/or sanitation
facilities. This definition shall not include dwelling units, as defined
by this chapter, nor shall it be applicable to multiple-family dwellings,
one-family dwellings and two-family dwellings, as defined by this
chapter.
RESTAURANT
A business enterprise for commercial gain where the principal
use is the preparation, sale or serving of food for or to the public,
and which provides for the consumption of such food on the premises,
and which may include related accessory uses such as take-out or delivery
service, drive-up facility, outdoor seating, and the sale or service
of alcoholic and nonalcoholic beverages. This definition shall not
include bars, taverns or nightclubs, or adult cabaret or adult entertainment
establishments as defined in this chapter.
SALON (BARBER/BEAUTY SHOP)
A business enterprise for commercial gain where individuals
licensed under the New York State Division of Licensing Services provide
personal care services in cosmetology, esthetics, nail specialty,
natural hair styling, make-up, waxing and other similar personal care
services.
SCHOOL
A facility which provides education or instruction at regular
sessions with regularly employed instructors and which is authorized
by and operates under the supervision of the State of New York or
a lawfully constituted ecclesiastical governing body or private corporation
which meets the requirements of the state. This definition shall include
private, technical, vocational, charter and institutes of higher education.
SELF-SERVICE STORAGE FACILITY
A use that contains compartmentalized space for lease, rental
or sale to businesses or individuals for storage of materials or personal
property, and allows such businesses or individuals to have access
to such space.
SENIOR CITIZEN RESIDENTIAL FACILITY
(1)
A facility which provides residential units and which also may
offer or provide services, supervision and care to:
(a)
Senior citizens who may not be able to live independently; or
(b)
In the case of a nursing home or skilled nursing facility, persons
who, by reason of chronic or long-term illness, regardless of age,
may not be able to live independently.
(2)
This definition shall include assisted-living facilities, congregate
living facilities, hospices, nursing homes and skilled nursing facilities,
as defined by this chapter, but shall not include comfort care homes,
minor home health care facilities, multiple-family dwellings, one-family
dwellings and two-family dwellings, as defined by this chapter, nor
shall it be applicable to dwelling units, as defined by this chapter.
SETBACK
The shortest distance between a lot line, or the street center
line on certain streets as defined in Tables I, II, III and IV, and
a structure, including porches and covered entryways. See Figures
1, 2 and 5.
SHED
A detached accessory building, less than 200 square feet
in area, customarily used for storage of property maintenance equipment.
SIGN
An object, device or structure which is used to direct or
attract attention to, advertise, display or identify an institution,
organization, business, person, place, object, product, service, use
or event.
SIGN AREA
The area within the perimeter of all sides of a sign which
contains a message. The area of a freestanding sign or building-mounted
sign shall include the area enclosed by one continuous line using
the fewest number of right angles to encompass the framework of said
sign and all of the numbers, letters or symbols which form a message
and shall include any decorative supports, e.g. brick, wood, etc.
If two sides of a sign are parallel to each other and have the same
length, width, height and area, then only one of said sides shall
be used in the determination of sign area.
SIGN, ADVERTISING
A sign which is not located on the same premises as the institution,
organization, business, person, place, object, product, service, use
or event to which said sign refers.
SIGN, BUILDING-MOUNTED
A sign which is affixed to, painted on or built into any
portion of a building other than a window which faces out from said
building.
SIGN, BUSINESS
A sign which is located on the same premises as the institution,
organization, business, person, place, object, product, service, use
or event to which said sign refers.
SIGN, CONTRACTOR
A temporary sign with and limited to contractor information,
located on the same premises as work being performed by said contractor
on a residential lot. Seasonal contractor signs shall not be permitted.
SIGN, DIRECTIONAL
A sign associated with, and limited to, information and directions
marking entrances and exits, parking spaces, one-way drives, restrooms,
pickup and delivery areas and the like.
SIGN, FREESTANDING
A sign which is placed on a lot apart from any building and
whose support is independent of any building.
SIGN, MOBILE OR TRANSPORTABLE
Any sign not permanently attached to the ground or other
permanent structure, or a sign designed to be transported, including
but not limited to signs designed to be transported by means of wheels,
signs covered to A- or T-frames, menu and sandwich board signs, balloons
used as signs, umbrellas used for advertising, and signs attached
to or painted on vehicles parked and visible from the public right-of-way.
SIGN, PERMANENT
A sign which is permitted to remain on a lot or building
for an indefinite period of time.
SIGN, TEMPORARY
A sign which is permitted to remain on a lot or building
for a limited period of time.
SIGN, WINDOW
A sign which is placed on or is viewed through a window which
faces out from a building.
SKILLED NURSING FACILITY
A facility which provides continual medical or nursing care
and other health, health-related and social services to senior citizens
or chronically ill persons, regardless of age, on a twenty-four-hour
basis by or under the supervision of physicians.
SPECIFIED ANATOMICAL AREAS
Included in this term are the following:
(1)
Unless completely and opaquely covered, human genitals, pubic
region, buttocks or female breasts below point immediately above the
top of the areola.
(2)
Even if completely and opaquely covered, male genitals in a
discernibly turgid state.
SPECIFIED SEXUAL ACTIVITIES
Any touching of the genitals, pubic area or buttocks of the
human male or female or the breasts of the female, whether clothed
or unclothed, alone or between members of the same or opposite sex
or between humans and animals, in an act of apparent sexual stimulation
or gratification.
STABLE
The premises on which horses, ponies or similar types of
animals, regardless of size, breed or species, are kept or fed, including
barns and corrals.
STABLE, PRIVATE
A stable which is an accessory use for the family which resides
on the premises and on or at which horses, ponies or similar types
of animals, regardless of size, breed or species, are kept or fed,
but not for remuneration, sale or hire.
STABLE, PUBLIC
A stable on or at which horses, ponies or similar types of
animals, regardless of size, breed or species, are kept or fed for
remuneration, hire or sale.
STATION, AMATEUR
A station in an amateur radio service which consists of the
apparatus necessary for carrying on radio telecommunications, including
but not limited to antennas and antenna towers.
STATION, FIXED
A stationary radio transmitter, receiver or transmitter/receiver
which provides radio telecommunications service to mobile or fixed
stations.
STATION, MOBILE
A radio transmitter, receiver or transmitter/receiver in
the mobile service which is used while in motion or during halts at
unspecified points.
STOOP
A structure which forms a level, roofless walking surface
above ground level, is used to provide primary or secondary access
to a front, side or rear entrance or exit of a building and which
is not greater than 50 square feet in area.
STREET
A public highway, or a private route or means of vehicular
access for three or more lots.
STRUCTURE
An assembly of materials which forms a construction framed
of component structural parts for occupancy or use, including buildings.
STRUCTURE, ACCESSORY
A structure which is customarily incidental, secondary or
subordinate to a principal structure and which is located on the same
lot as the principal structure, including but not limited to sheds,
garages (attached or detached), pools, gazebos, decks, pavilions and
other similar appurtenances.
TELECOMMUNICATIONS
The transmission and reception, between or among points specified
by a user, of information of said user's choosing, without change
in the form or content of the information which is transmitted and
received.
TELECOMMUNICATIONS FACILITIES
Equipment which is used to provide telecommunications services.
This definition shall include but shall not be limited to buildings
and equipment which are used to provide telecommunications services
via wires or cables, antennas, antenna towers and accessory antenna
structures which are used to provide radio telecommunications services,
pager services or radio and television broadcast services, and other
similar telecommunications services. This definition shall not include
amateur stations or satellite dish antennas.
TELECOMMUNICATIONS SERVICE
The offering and provision of telecommunications, regardless
of the telecommunications facilities which are used.
TOURIST HOME
A dwelling within which travelers who are not related to
the occupants by blood, marriage or adoption obtain overnight accommodations,
with or without meals, in exchange for monetary compensation. This
definition shall include but shall not be limited to establishments
commonly known as "bed-and-breakfasts."
TOWNHOME
A series of attached dwelling units, in which each unit extends
from foundation to roof, has individual private outside entrances,
and with an exterior wall on not less than two sides. Definition to
include duplexes.
TRAINING CENTER
A facility which is operated by or for a business to provide
education or instruction in job skills for the employees of said business
and which is not available to the general public, or to such classes
of users as to be in effect available to the general public. This
definition shall not include group instruction facilities, as defined
by this chapter.
UNLICENSED WIRELESS SERVICE
The offering and provision of radio telecommunications service
through the use of duly authorized devices which do not require individual
licenses. This definition shall not include the offering and provision
of direct-to-premises satellite service, as defined by this chapter.
USE
The application, employment, exercise or occupation of a
lot or structure for a purpose.
USE, ACCESSORY
A use, occupancy or tenancy which is customarily incidental,
secondary or subordinate to the principal use, occupancy or tenancy
of a lot or a structure.
USE, PRINCIPAL
The primary use, occupancy or tenancy of a lot or a structure.
VARIANCE, AREA
The authorization by the Board of Zoning Appeals for the
use of land in a manner which is not allowed by the dimensional or
physical requirements of the applicable zoning regulations.
VARIANCE, USE
The authorization by the Board of Zoning Appeals for the
use of land for a purpose which is otherwise not allowed or is prohibited
by the applicable zoning regulations.
VEHICLE
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway and propelled by
any means other than muscular power.
WAREHOUSE
A building where raw materials or manufactured goods are
temporarily or permanently stored, including distribution centers.
WATERFRONT BUFFER
On waterfront lots, the space between the shoreline (as determined
by the mean average high water level) and 25 feet inland from the
shoreline, or such similar area as determined by the Director of Planning
and Economic Development. See Figure 5.
YARD, CORNER
On a nonresidential lot, the space between the side of a
building and the corner lot line, extending from the front yard to
the rear lot line. Corner yards are applicable to nonresidential parcels
only. See "yard, front" for residential lots.
YARD, FRONT
For all residential lots, the space between the front of
a building, as determined by the Director of Planning and Economic
Development, and the front lot line, extending the entire width of
the lot on which said building is located. See Figures 1 through 5.
YARD, REAR
The space between the rear of a building and the rear lot
line. In the case of an interior lot, the rear yard shall extend the
entire width of said lot. In the case of a nonresidential corner lot,
the rear yard shall extend from the corner yard to the side lot line.
The rear yard on a residential corner lot shall extend from the side
lot line to the opposite front yard or side yard. See Figures 1 through
5.
YARD, SIDE
The space between the side of a building and a side lot line,
extending from the front yard to the rear yard. See Figures 1 through
5.
YARD, WATERFRONT
On waterfront lots, the space between a dwelling unit and
the shoreline. See Figure 5.