List of definitions. As used in this chapter, the following terms
shall have the meanings indicated:
ACCESSORY STRUCTURE
A structure subordinate to the principal building on the
lot and used for purposes customarily incidental to that of the principal
building. Where an accessory structure is attached to the principal
building in a substantial manner, as by a wall or roof, such accessory
structure shall be considered part of the main building.
ACCESSORY USE
A use which is customarily incidental and subordinate to
the principal use on a lot, and located on the same zoning lot, except
where superficially provided. An accessory use may not be accessory
to another accessory use.
ADDICTION CLINIC
A facility where people are not lodged overnight but are
admitted for examination and/or treatment on a daily basis.
ADDICTION CLINIC, EXTENDED
A facility where people are admitted and lodged overnight
for examination and/or treatment for an extended period of time.
ADULT USE
Includes adult bookstores, adult motion picture theaters,
adult mini-motion picture theaters, adult cabarets and other premises,
enterprises, businesses or places open to some or all members of the
public at or in which there is an emphasis on the presentation, display,
depiction or description of specified sexual activities or specified
anatomical areas which are capable of being seen by members of the
public.
(1)
ADULT BOOKSTOREA building or portion of a building used for the barter, rental or sale of items consisting of printed matter, pictures, slides, records, audio tape, videotape or motion picture film if such building or portion of a building is not open to the public generally but only to one or more classes of the public excluding any minor by reason of age, or if a substantial or significant portion of such items are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.
(2)
ADULT CABARETA building or portion of a building used for providing dancing or other live entertainment, if such building or portion of a building excludes minors by virtue of age, or if such dancing or other live entertainment is distinguished or characterized by an emphasis on the presentation, display, depiction or description of specified sexual activities or specified anatomical areas.
(3)
ADULT MINI-MOTION PICTURE THEATERA building or portion of a building with a capacity for less than 50 persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by virtue of age, or if such material is distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons herein.
(4)
ADULT MOTION PICTURE THEATERA building or portion of a building with a capacity of 50 or more persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by virtue of age, or if such material is distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical area for observation by patrons therein.
(5)
a.
Less than completely and opaquely covered:
4.
Female breast below a point immediately above the top of the
areola.
b.
Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
(6)
a.
Human genitals in a state of sexual stimulation or arousal.
b.
Acts of human masturbation, sexual intercourse or sodomy.
c.
Fondling or other erotic touching of human genitals, pubic region,
buttock or female breast.
d.
No obscene work shall be allowed.
AGRICULTURE
The production, keeping or maintenance of plants and animals,
including but not limited to: forages and sod crops; grains and seed
crops; dairy animals and dairy products, poultry and poultry products;
livestock, including beef cattle, sheep, swine, horses, ponies, mules,
or goats, or any mutations or hybrids thereof, including the breeding
and grazing of any or all of such animals; bees and apiary products;
fur animals; trees, forest products and forestry uses; fruits of all
kinds, including grapes, nuts, berries and vegetables.
AGRICULTURE, PERSONAL
A use of land where an individual cultivates edible plant
crops for personal use or donation. Crops shall include any crop in
its raw or natural state, which comes from a plant that will bear
edible fruits or vegetables. It shall not include marijuana or any
unlawful crops or substances.
AGRICULTURE, URBAN
The production keeping or maintenance of plants and animals in urban or developed areas; is limited by the provisions set forth in Sections
2-5-56 and
2-5-57 of the Utica City Code which specifically forbids fowl and beekeeping in the City of Utica.
[Amended 12-15-2021 by Ord. No. 111]
ALLEY
A dedicated public thoroughfare affording a secondary means
of access to abutting property and not intended for general traffic
circulation.
ALTERATION
As applied to a building or structure, means a change or
rearrangement in the structural parts, or in the entrance and exit
facilities, or an enlargement, whether by extending on a side or by
increasing in height, or the moving from one location or position
to another.
AMUSEMENT AND RECREATIONAL OR ENTERTAINMENT, INDOOR
A recreation facility designed and equipped for the conduct
of sports, leisure time activities and other customary and usual recreation
activities which is operated within a building as a business and open
to the general public for a fee. Gaming or gambling establishments
are not considered indoor recreation facilities.
AMUSEMENT AND RECREATIONAL OR ENTERTAINMENT, OUTDOOR
Commercial activities conducted outdoors for the purposes
of recreation and amusement, including, but not limited to, amphitheaters,
driving ranges, miniature golf, swimming pools, tennis courts, motorized
cart and motorcycle tracks, firing ranges, water parks, amusement
parks, batting cages, trampoline facilities, and paintball courses.
ANIMAL CLINIC/VETERINARY HOSPITAL
A facility rendering surgical and medical treatment to animals
and having no limitation on overnight accommodations for such animals.
Crematory facilities shall not be allowed in a veterinary hospital.
AUTO REPAIR
Engine repair, electrical work, tune-ups and all other passenger
vehicle repair activities not specifically listed in the definition
of “auto body repair.”
AUTO BODY REPAIR
Any area of land, including structures thereon, that is used
or designed to be used for the maintenance, servicing, repair or painting
of vehicles, rebuilding engines or transmissions, bodywork, framework,
or welding.
AWNING
Any nonrigid material that is supported by a frame that is
attached to an exterior wall.
BAR/RESTAURANT
An establishment whose principle business is the selling
of unpackaged food or beverages to the customer in a ready-to-consume
state, where the customer usually consumes these foods or beverages
while seated at tables or counters located within the building, including
microbreweries producing less than 15,000 barrels of beer per year.
BASEMENT/CELLAR
The portion of a building which is partly or wholly below
grade but so located that the vertical distance from the average grade
to the floor is less than or equal to the vertical distance from the
average grade to the ceiling (that is equal to or more than halfway
above ground level). This portion is not a completed structure and
serves as a substructure or foundation for a building.
BED-AND-BREAKFAST
A structure containing up to five sleeping rooms which are
designed or intended for occupancy by or which are occupied by one
or more guests for compensation, but in which no provision is made
for cooking. Separate sanitary facilities may or may not be provided
for each room and one or more meals for each guest may be included
at the discretion of the owner, who shall be a resident of the bed-and-breakfast
establishment.
BOARDING OR ROOMING HOUSE
A building other than a hotel, bed-and-breakfast, inn, fraternity,
sorority, or dormitory where lodging and/or meals for five or more
roomers or boarders or guests are served for compensation on a monthly
basis.
BREWERY
An industrial use that brews ales, beers, meads, and/or similar
beverages on site. Breweries are classified as a use that manufactures
more than 60,000 barrels of beer per year.
BREWERY, MICRO
A brewery that produces less than 60,000 barrels of beer
per year with 25% or more of its beer sold on-site.
BUILDING
Any structure having a roof supported by columns or walls,
used or intended to be used for the shelter, housing or enclosure
of persons, animals or chattels. Structural connections, such as a
covered walkway or canopy porch, roof, foundation walls, tunnel connections
above or below ground, enclosed or otherwise, shall not be construed
as creating a single building from two or more buildings. Where divided
by party walls, each portion of a building shall be deemed a separate
building except as otherwise provided herein.
BUILDING AREA
The total of areas taken on a horizontal plane at the main
grade level of structures exclusive of uncovered porches, terraces
and steps.
BUILDING HEIGHT
The vertical distance measured from the established grade
to the highest point of the roof surface for flat roofs, to the deck
line of mansard roofs, and to the average height between eaves and
ridge for gable, hip and gambrel roofs. Where a building is located
on sloping terrain, the height may be measured from the average ground
level of the grade at the building wall.
BUSINESS
The engaging in the purchase, sale, barter, exchange or storage
of goods, wares or merchandise or the maintenance or operation of
offices or recreational or amusement enterprises, or the furnishing
of services for compensation.
BUSINESS AND COMMERCIAL SCHOOLS
Noncollegiate, public or private institutions offering specialized
business, commercial and/or clerical courses or similar curricula,
but not academic training.
CAR WASH
Any building or premises, or portion thereof, the use of
which is devoted to the business of washing automobiles for a fee,
whether by automated cleaning devices or otherwise.
CARPORT
A permanent roofed structure, which may or may not be attached
to the principal structure, open on at least two sides and used exclusively
for the storage or parking of not more than two motor vehicles.
CEMETERY
Land used or intended to be used for the burial of deceased
human beings and dedicated for cemetery purposes.
CLINIC
A facility where people who are not lodged overnight are
admitted for examination and/or treatment by a group of physicians,
dentists or similar health care professionals.
CLUB, PRIVATE
A nonprofit association of persons, who are bona fide members,
which owns, hires or leases a building or portion thereof, the use
of such premises being restricted to members and their guests.
COMMUNITY CENTER
A cultural, educational or recreational facility designed
for neighborhood-wide or City-wide use and operated on a not-for-profit
basis.
COMMUNITY GARDEN
A community garden is any piece of land (publicly or privately
held) that is cultivated by a group of people rather than a single
family or individual.
COMMUNITY RESIDENTIAL FACILITY
A residential facility for the mentally disabled operated
pursuant to the New York State Mental Hygiene Law and regulation promulgated
thereunder, including a halfway house and any other such facility
as defined in such regulations and any similar facilities operated
under the supervision of federal departments and agencies.
COMPOSTING FACILITY
A facility where organic matter that is derived primarily
from off-site is to be processed by biological decomposition and/or
is processed for commercial purposes. Activities of a composting facility
may include management, collection, transportation, staging, composting,
curing, storage, marketing, or use of compost.
CONVENTION CENTER
A commercial facility used for conventions, conferences,
seminars, product displays, recreation activities, and entertainment
functions, along with accessory functions, including temporary outdoor
displays, and food and beverage preparation and service for on-premises
consumption. This term does not include banquet halls, clubs, lodges,
or other meeting facilities of private or nonprofit groups that are
primarily used by group members.
CORNICE
A horizontal molded projection which crowns or finishes the
wall of a building.
DAY-CARE CENTER
A site, building, or place designed and/or operated to provide
day care and/or instruction for minors or adults of 12 or more persons
and operated on a regular basis for a fee. All state licensing requirements
are to be met and all operation is to be in accordance with New York
State Department of Social Services regulations.
DAY-CARE, DOG
A site, building, or place designed and/or operated to provide
day care for dogs on a regular basis for a fee on a daily basis without
boarding.
DISPATCH SERVICE OR FREIGHT TRUCK TERMINAL
Any premises used by a motor freight company as a carrier
of goods that is the origin or destination point of goods being transported,
for the purpose of dispatching, storing, transferring, loading and
unloading goods.
DISTRICT
A portion of the incorporated territory of the City within
which certain uniform regulations and requirements or various combinations
thereof apply under the provisions of this chapter.
DRIVE-THROUGH, ACCESSORY
An establishment that by design, physical facilities, service
or by packaging procedures encourages or permits customers to receive
services, obtain goods, or be entertained while remaining in their
vehicles.
DRIVEWAY
That space specifically designated and reserved on the site
for the movement of vehicles from one site to another or from a site
to a public street.
DRY-CLEANING AND LAUNDRY ESTABLISHMENT
An establishment for the mechanical cleaning of garments,
articles or goods of fabric for retail customers. A dry-cleaning and
laundry establishment does not include a laundry or laundromat which
provides self-service type washing and drying for use of retail customers
or dry-cleaning pickup establishments where no mechanical cleaning
is taking place which are considered service establishments.
DWELLING UNIT
One or more rooms in a residential building or residential
portion of a building which are arranged, designed, used or intended
for use as a complete, independent living facility which includes
permanent provisions for living, sleeping, eating, cooking and sanitation
for use by one family.
DWELLING, ACCESSORY UNIT
A second dwelling unit either in or added to a single-family
dwelling, or in a separate accessory structure on the same lot as
the principal building, for use as a complete, independent living
facility with provision within the accessory dwelling unit for cooking,
eating, sanitation, and sleeping. Such a dwelling shall be clearly
accessory and incidental to the principal dwelling.
DWELLING, APARTMENT BUILDING
A building designed exclusively for or occupied exclusively
by seven or more families living independently of each other in seven
or more separate dwelling units.
DWELLING, ATTACHED
A dwelling which is joined to another dwelling at one or
more sides by a party wall or walls.
DWELLING, MULTIFAMILY
A building designed exclusively for or occupied by three
to six families living independently of each other in separate dwelling
units.
DWELLING, ONE-FAMILY
A building designed exclusively for and occupied exclusively
by one family in one dwelling unit.
DWELLING, TWO-FAMILY
A building designed exclusively for or occupied exclusively
by no more than two families living independently of each other in
two separate dwelling units.
EMERGENCY SERVICES
Facilities operated by public agencies, including fire stations,
other fire prevention and firefighting facilities, emergency medical
technicians and ambulance substations and headquarters, and police
and sheriff substations and headquarters, including interim incarceration
facilities.
ERECTED
Includes built, affixed, hung, placed, suspended, attached,
constructed, altered, reconstructed, moved upon or any physical operations
on the premises which are required and the like shall be considered
a part of erection, as will the painting of wall signs.
ESSENTIAL SERVICES
The erection, construction, alteration or maintenance by
public utilities or municipal departments of underground, surface
or overhead gas, electric, steam, fuel or water transmission of distribution
system collection, communication, supply or disposal system, including
towers, poles, wires, mains, drains, sewers, pipes, conduits, cables,
fire alarm and police call boxes, traffic signals, hydrants and similar
equipment in connection therewith, but not including buildings which
are necessary for the furnishing of adequate service by such utilities
or municipal departments for the general health, safety and welfare.
EXCAVATION
Any breaking of ground, except common household gardening
and ground care.
FACADE
The entire area of a building exterior elevation or side,
extending from the roof or parapet to the ground, and from one corner
of the building to another, but does not include any structure or
non-structural elements which extend beyond the roof.
FAMILY
(1)
Shall mean:
a.
Up to four persons occupying a dwelling unit.
b.
More than four 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 more than four unrelated
persons living together in a single dwelling unit do not constitute
the functional equivalent of a traditional family.
(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 and 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’s 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.
There is a common ownership of furniture and appliances among
the members of the household; and
6.
The group is not transient or temporary in nature.
e.
Any other factor reasonably related to whether or not the group
is the functional equivalent of a family.
FAMILY DAY-CARE
A dwelling wherein day-care services are provided for children
of any age during part of a twenty-four-hour day. The director of
this facility will be a resident of the premises where these services
are to be provided. All state licensing requirements are to be met
and all operation is to be in accordance with New York State Department
of Social Services regulations.
FENCE
A structure designed to or which, in fact, does divide, enclose
or screen a parcel of land or portion thereof.
FLOOR AREA, GROSS
The floor area within the inside perimeter of the exterior
walls of the building under consideration, exclusive of vent shafts
and courts, without deduction for corridors, stairways, closets, the
thickness of interior walls, columns or other features.
FLOOR AREA, NET
The actual occupied area not including unoccupied accessory
areas such as corridors, stairways, toilet rooms, mechanical rooms
and closets.
FRATERNITIES/SORORITIES
A club or social activity officially associated with and
recognized and supervised by an institution for higher education whose
membership is limited exclusively to students of the said institution.
FUNERAL HOME
A building used for the preparation of the deceased for burial
and the display of the deceased and ceremonies connected therewith
before burial or cremation, funeral homes do not include crematories.
GARAGE, PRIVATE
A completely enclosed accessory structure for the storage
only of the private motor vehicles of the family’s resident
upon the premises.
GEOTHERMAL
Equipment for the collection of geothermal energy or its
conversion to electrical energy for use on the same property, or for
incidental sale to a public utility, when that equipment is accessory
to a principal use of the property.
GRADE
The elevation established for the purpose of regulating the
number of stories and the height of buildings. Grade shall be the
mean level of the finished surface of the ground adjacent to the exterior
walls of the buildings.
GREENHOUSE
A business whose principal activity is the selling of plants
grown on the site and having outside storage, growing or display.
HEALTH/SPORT CLUB
A building or portion of a building designed and equipped
for the conduct of sports, exercise, leisure time activities or other
customary and usual recreational activities, operated for profit or
not for profit and which can be open only to bona fide members and
guests of the organization or open to the public for a fee.
HOME OCCUPATION, MAJOR
Any use which is clearly incidental to the use of the dwelling
unit as a place of residence, which is conducted primarily within
a dwelling unit or its accessory building(s) but which may require
the storage of machinery and equipment on the lot, or where office
activities are conducted within the house or accessory building, but
the services offered are conducted primarily off premises. Examples
include plumbing shops, electrical repairs shops and repair services,
but are not limited to the above.
HOME OCCUPATION, MINOR
An occupation carried on in a dwelling unit by the resident
thereof, provided that the use is limited in extent and incidental
and secondary to the use of the dwelling unit for residential purposes
and does not change the character thereof. Examples include music
teachers, lawyers, dentists, plumbers, electricians and physicians,
but are not limited to the above.
HOTEL/MOTEL
A commercial facility providing transient lodging containing six or more units and where the customary uses such as restaurant facilities, meeting rooms, recreation facilities playgrounds, game rooms, snack bars, and leisure rooms are provided for use by the lodger and the general public, including resorts, tourist cabins. See definition in Article
V of this chapter.
IMPERVIOUS SURFACE
Any hard surface, man-made area that does not readily absorb
or retain water.
INDUSTRIAL FACILITY
Uses engaged in the manufacture, predominantly (or generally)
from previously prepared materials, of finished products or parts,
including processing, fabrication, assembly, treatment, packaging,
incidental storage, sales, or distribution of such products. Further,
“light industrial” shall mean uses such as the manufacture
of electronic instruments, preparation of food products and alcoholic
beverages, pharmaceutical manufacturing, research and scientific laboratories,
or the like. “Light industrial” shall not include uses
such as mining and extracting industries, petrochemical industries,
rubber refining, primary metal, or related industries.
INN
A commercial facility or hostel, resembling traditional residential
character with common access providing transient lodging and meals
which is characterized by common dining facilities and leisure rooms
available for use by lodgers and limited general public with no more
than 12 guest rooms.
JUNK VEHICLE
Any motor vehicle, trailer or semitrailer which is inoperable
and which by virtue of its condition cannot be economically restored.
In addition, any vehicle may be presumed to be a junk vehicle when:
(1)
Valid license plates are not displayed or license plates have
been expired for more than 60 days; or
(2)
Valid state inspection stickers, as required for the use of
the vehicle, are not displayed or have been expired for more than
60 days; or
(3)
The vehicle remains in an inoperable condition for more than
90 days.
JUNKYARD OR SALVAGE YARDS
Any property or place where the business of a junk dealer
or salvage dealer buys, exchanges, collects, receives, stores, accumulates,
sells or otherwise transfers junk or salvage materials, other than
wholly within an enclosed building. In addition, a junk yard shall
include property used for the storage of impounded, abandoned, partially
dismantled, obsolete or wrecked automobiles, other than wholly within
an enclosed building.
KENNEL, COMMERCIAL
Any lot or premises, or portion thereof, on which more than
four dogs, cats, and other household domestic animals over four months
of age are kept for sale, or on which more than two such animals are
boarded for compensation.
LANDSCAPED AREA
An area in grass, trees, shrubs or other natural greenery,
or containing any form of landscaping or architectural treatment.
LIGHTWELL
An external open area or vertical shaft within a building,
which may be unroofed or roofed with glass, to allow natural light
and air into the interior of the building.
LIVE-WORK UNIT
A structure that contains a dwelling unit and one or more
businesses or commercial uses in a single building where the resident
owner or employee of the business resides within the structure.
LOADING SPACE
A space or portion of any area designed, required, or by
its nature used as an area for the temporary parking of motor vehicles
while transferring, loading or unloading goods, merchandise and products
or while performing services.
LOT
A parcel of land occupied, or intended to be occupied, by
structures or uses together with such yards and open spaces as are
required under the provisions of this chapter.
LOT AREA
The total horizontal area within the lot lines of the lot.
LOT COVERAGE
The percent of the lot occupied by impervious surfaces excluding
accessory buildings or structures.
LOT DEPTH
The average horizontal distance between the front and rear
lot lines.
LOT LINES
The lines bounding a lot as defined herein:
(1)
FRONT LOT LINEFor an interior lot, the line separating said lot from the street. For a corner lot, each line separating said lot from both streets. For a through lot, the line separating said lot from both streets.
(2)
REAR LOT LINEThe lot line opposite the front lot line. In the case of a lot pointed at the rear, the rear lot line shall be an imaginary line parallel to the front lot line, not less than 10 feet long, lying farthest from the front lot line and wholly within the lot.
(3)
SIDE LOT LINEAny lot line other than the front lot line or rear lot line. A side lot line separating a lot from the street is a side street lot line. A side lot line separating a lot from another lot or lots is an interior side lot line.
LOT OF RECORD
A platted parcel of land, the dimensions of which are shown
on a document or map on file with the City assessor and which parcel
of land actually exists as so shown. In no case shall a portion of
an original platted lot constitute a lot of record.
LOT WIDTH
The horizontal distance between the side lot lines, measured
at the two points where the building line or setback line intersects
the side lot lines.
LOT, CORNER
A lot where the interior angle of two adjacent sides at the
intersection of two streets is less than 135°. A lot abutting
upon a curved street or streets shall be considered a corner lot for
the purposes of this chapter if the arc is of less radius than 150
feet and the tangents to the curve, at the two points where the lot
lines meet the curve or straight street line, extended, form an interior
angle of less than 135°.
LOT, THROUGH
Any lot having frontage on two more or less parallel streets
as distinguished from a corner lot.
MARIJUANA DISPENSARIES, RETAIL
A business that is registered to operate in the State of
New York that sells or otherwise distributes marijuana to certified
patients, designated caregivers or practitioners.
MARINA
A waterfront facility offering two or more berths or moorings
for boats not registered to the property owner, his or her family
or renter of any dwelling unit, on the same lot and includes one or
more of the following: the sale of marine products and services, including
gas and oil, dry storage, repairs, new and used boat sales and services,
boat rentals or charters, and other water-based recreational services.
MEDICAL CARE FACILITY
Any institution, place, building or agency, whether or not
licensed or required to be licensed by the State Board of Health or
the State Hospital Board by or in which facilities are maintained,
furnished, conducted, operated or offered for the prevention, diagnosis
or treatment of human disease, pain, injury, deformity or physical
condition, whether medical or surgical, of two or more nonrelated
mentally or physically sick or injured persons, or for the care of
two or more nonrelated persons requiring or receiving medical, surgical
or nursing attention or service as acute, chronic, convalescent, aged,
physically disabled or crippled, including but not limited to general
hospitals, urgent care, clinic, sanitoriums, sanitariums, nursing
homes, intermediate care facilities, extended care facilities, health
maintenance organizations, mental hospitals, mental disability facilities,
medical schools and other related institutions and facilities, whether
operated for profit or nonprofit, and whether privately owned or operated
by a governmental unit. This term shall not include a physician’s
office or first aid station for emergency medical or surgical treatment
or housing for the elderly.
MIXED-USE BUILDING (LARGE)
A building which contains five or more families living independently
of each other in five separate dwellings units located above the ground
floor of an institutional, civic, office, commercial, or retail use.
MIXED-USE BUILDING (SMALL)
A building which contains no more than five families living
independently of each other in five separate dwellings units located
above the ground floor of an institutional, civic, office, commercial,
or retail use.
MUNICIPAL PARK
A natural or landscaped area, buildings, or structures, provided
by a unit of government, to meet the active or passive recreational
needs of people on publicly owned land.
MUSEUM
An institution devoted to the procurement, care, study, and
display of objects of lasting interest or value.
NEIGHBORHOOD CONVENIENCE STORE
A retail sales business with less than 6,000 square feet
of gross floor area devoted, in whole or part, to the sale of food
and beverages, prepackaged food, alcohol, tobacco, and lottery sales
to be used and consumed primarily off the premises, excluding the
establishments that dispense of gasoline or any other motor vehicle
fuels
[Added 4-5-2023 by Ord. No. 91]
NEIGHBORHOOD RETAIL
A retail sales business with less than 6,000 square feet
of gross floor area devoted, in whole or part, to the sale of consumer,
material, dry, or household goods, to be used primarily off the premises.
Neighborhood retail shall not include the sale of food or beverages,
prepackaged food, tobacco or lottery. Examples include antique shops,
bookstores, clothing stores, bridal shops, and flower shops, but are
not limited to the above.
[Amended 4-5-2023 by Ord. No. 90]
NIGHTCLUB
A business enterprise which provides or permits any musical
entertainment, singing, dancing or other form of amusement, whether
or not in connection with the service of food or beverage, but not
including a restaurant or bar or cafe which provides incidental musical
entertainment without dancing, either by mechanical electrical devices
or by not more than four persons playing any nonamplified instrument.
This will not include any restaurant or bar or cafe located in a hotel
having more than 50 sleeping rooms.
NONCONFORMING LOT
A lot of record in existence prior to the effective date
of this chapter or amendments thereto which does not have the minimum
area, lot width or lot depth for the district in which it is located.
NONCONFORMING STRUCTURE
A structure or portion thereof which was lawfully constructed,
converted or enlarged pursuant to building permits issued by the City
prior to the effective date of this chapter, or amendments thereto,
and that does not conform to the provisions of the district in which
it is located.
NONCONFORMING USE
A use which was lawfully established, converted or enlarged
prior to the effective date of this chapter or amendments thereto,
and that does not conform to the provisions of the district in which
it is located.
NURSERY SCHOOL
A facility that provides care and instruction for preschool
age children in accordance with New York State regulations.
OFFICE
A room or suite of rooms in which an individual or group
of individuals operate, including, but not limited to, medical, osteopathic,
dental, podiatric, chiropractic, optometric, law, psychiatric, accounting,
architecture and engineering, real estate, insurance.
OUTDOOR CAFE, ACCESSORY
An outdoor seating area consisting of tables, chairs, or
other fixtures intended for the consumption of food and beverage,
maintained on the property and intended for the patrons of the food
service facility or restaurant located on the same property having
the same operator.
OUTDOOR STORAGE
Storage of any materials, merchandise, stock, supplies, machines
and the like that are not kept in a structure having at least four
walls and a roof, regardless of how long such materials are kept on
the premises. Outdoor storage shall not include junk and salvage yards,
auto wrecking yards or the like.
PARKING AREA (OFF-STREET)
A section of a lot to be used for parking up to five vehicles
to be used specifically as an accessory use.
PARKING STRUCTURE
A structure, other than accessory off-street parking areas
for a charge or permit, motor vehicles may be stored for the purpose
of off-street parking.
PLANNED DEVELOPMENT
A tract of land planned and developed as an integrated unit
under single owner or control. Control in this context may, in addition
to single ownership, be vested in partnerships, corporations, syndicates
or trusts comprised of owners of separate and contiguous tracts of
land who join together in good and sufficient agreement for the purpose
of developing respective properties according to one integrated plan.
PORCH
Any veranda, gallery, terrace, piazza, portico or similar
projection from a main wall of a principal building and covered by
a roof, other than a carport as defined herein. An unenclosed porch
is a porch with no side enclosures that are more than 36 inches in
height other than the side of the building to which the porch is attached.
A porch shall extend no more than eight feet out from the main wall
of a building.
PRIMARY FACADE
The facade of the building facing the primary street that
serves as the address of the lot.
PRINCIPAL BUILDING
A building in which is conducted the principal use of the
zoning lot upon which it is situated.
PRINCIPAL USE
The principal use to which the premises are devoted.
PUBLIC UTILITY
A business or service having an appropriate franchise from
the State of New York, which is engaged in regularly supplying the
public with some commodity or service which is of public consequence
and need such as electricity, gas, water transportation or communications.
RELIGIOUS USE
A place for public worship, including, but not limited to,
a church, synagogue, temple or mosque.
RETAIL, GENERAL
Establishments more than 6,000 square feet providing goods
or merchandise to the general public, for a fee. General retail establishments
shall not be interpreted to include automobile uses, accessory drive
through uses, or neighborhood retail.
RIGHT-OF-WAY LINES
Lines which separate private property from existing or dedicated
public property containing or proposed to contain publicly owned street
surfaces, gutters, curbs, planted strips or sidewalks. Where a public
street is designated on the major thoroughfare plan, all requirements
of this chapter which relate to rights-of-way shall be measured from
the indicated proposed right-of-way lines.
SATELLITE DISH
A device incorporating a reflective surface that is solid,
open mesh or bar configured and is in the shape of a shallow dish,
cone, horn or cornucopia. Such device shall be used to transmit and/or
receive radio or electromagnetic waves between terrestrial and/or
orbitally based uses. This definition is meant to include, but not
be limited to, what are commonly referred to as satellite earth stations,
television reception only systems (TVROs) and satellite microwave
antennas.
SCHOOL, COLLEGE, UNIVERSITY OR TRADE
A public, parochial, private school or college authorized
to grant academic degrees, associate academic degrees, certificates
and/or diplomas, and requiring for admission at least a high school
diploma or equivalent general academic training. Or a school primarily
devoted to giving instruction in vocational, professional, musical,
dramatic, artistic, linguistic, scientific, religious, other special
subjects giving regular instruction.
SELF-STORAGE FACILITY
Self-service storage facility means any real property designed
and used for the purpose of renting or leasing individual storage
space to occupants who are to have access to such facility for the
purpose of storing and removing personal property. A self-service
storage facility is not a warehouse.
SERVICE ESTABLISHMENT
Service establishment shall include, but need not be limited
to, barbershops, beauty parlors, hair stylists, laundromats, dry cleaning
pickup establishments, tailors, dressmakers, and other similar places
of business. The term "service establishment” is not to be construed
to include offices of physicians, dentists, and veterinarians, or
dry-cleaning plants, linen or diaper service establishments.
SETBACK LINE, BUILDING
A line prescribed by the zoning district regulations delineating
portions of a lot into which no building or structure shall project.
SHOPPING CENTER
Any group of two or more commercial uses which are designed
as a single commercial group, whether or not located on the same lot,
are under common ownership or management, other structural member
to form one continuous structure, or if located in separate buildings,
are interconnected by walkways and accessways designed to facilitate
customer interchange between the uses, share a common parking area
and otherwise present the appearance of one continuous commercial
area.
SHORT-TERM RENTAL
The rental or lease of any dwelling unit or dwelling, for
a period of 30 days or less, to one entity. Motels, hotels, inns,
and bed and breakfasts are excluded from this definition.
SIDEWALK CAFE, ACCESSORY
An area adjacent to and directly in front of a street-level
eating or drinking establishment located within the sidewalk area
or pedestrian plaza area of the public right-of-way and used exclusively
for dining, drinking, and pedestrian circulation.
SITE PLAN
A plan, to scale, showing uses and structures proposed for
a parcel of land as required by the regulations involved. It includes
lot lines, streets, building sites, reserved open space, major landscape
features, and the location of proposed utility lines.
SMOKE SHOP
A building or portion thereof where tobacco products and
paraphernalia, which includes but shall not be limited to cigarettes,
cigars, pipes, Kreteks (clove cigarettes), hookahs, and Shisha, are
used and/or consumed on the premises.
SOLAR, ACCESSORY
Any solar energy system that is an accessory use or structure,
designed and intended to generate energy for the primary use by or
a credit to owners, lessees, tenants, residents, or other occupants
of the parcel on which they are erected, and where the sale of excess
power shall be secondary.
SOLAR, LARGE-SCALE
A solar energy system that is ground-mounted and produces
energy primarily for the purpose of off-site sale or consumption.
SPECIALTY FOOD STORE
A retail sales business with less than 6,000 square feet
of gross floor area devoted, in whole or part, to the sale of specialty
or ethnic food and beverages, prepackaged food, and ready-to-eat food
items to be used and consumed primarily off the premises. Specialty
food stores shall not include the sale of tobacco or lottery. Examples
include bakeries, candy shops, delicatessens, and health food stores,
but are not limited to the above.
[Added 4-5-2023 by Ord. No. 93]
STOOP
A frontage element wherein the building facade is aligned
close to the lot line with the first story elevated from the sidewalk,
providing privacy for the front facing windows or rooms. The entrance
is usually an exterior stair set and landing.
STORAGE YARD
The use of any space, whether inside or outside a building
for the storage or keeping of construction equipment, machinery, vehicles
or parts thereof, boats and/or farm machinery.
STORY
That part of a building included between the surface of any
floor and the surface of the floor next above it, or if there be no
floor above it, then the space between the floor and the ceiling or
roof next above it.
STREET
A strip of land intended for vehicular and bicycle traffic,
transit operations, and providing the principal means of access to
property, including but not limited to road, land, drive, avenue,
highway, boulevard, or any other thoroughfare.
STRUCTURE
Any object constructed, installed or placed on the land or
connected to the shoreline such as buildings, sheds, single-family
dwellings, manufactured homes, signs, tanks, fences, and poles, and
any fixtures, additions and alterations thereto. Construction must
be more than six inches above grade or in excess of 75 square feet
to be considered a structure. Landscaping features, driveways and
parking areas shall not constitute structures.
STUDENT HOUSING
A building used as a residence exclusively for students of
a college, university or school including fraternities or sororities.
TECHNOLOGY/RESEARCH FACILITY
Buildings or portions of buildings used primarily for scientific,
medical and/or high-tech research, development and product or equipment
design activities in a setting which combines offices and laboratories
and may include light manufacturing. Includes laboratories serving
the medical profession by the testing and analysis of specimens submitted
by physicians. Activities of such laboratories are confined to serving
the medical profession.
THEATER
A building designed for the enactment of dramatic performances,
musical performances, and/or the showing of motion pictures.
USE
Any proposal for which a structure or a tract of land may
be designed, arranged, intended, maintained or occupied, also any
activity, occupation, business or operation carried on or intended
to be carried on or in a structure or a tract of land.
VARIANCES (AREA AND USE)
A device which grants a property owner relief from certain
provisions of this chapter which the Zoning Board of Appeals is permitted
to grant in cases where strict enforcement of said provisions would
cause undue hardship owing to circumstances unique to the individual
property on which the variance is sought.
VEHICLE CHARGING STATION
A location that contains the equipment that supplies electric
energy for the recharging of electric vehicles.
VEHICLE FUELING STATION
Any area of land, including structures thereon, that is used
for the sale of gasoline, oil or other motor vehicle fuel, including
electric vehicle charging stations. Customary accessory uses for vehicle
fueling stations include the retail sales of vehicle accessories,
food and beverages prepared primarily for off-premises consumption,
and other neighborhood convenience store items. Auto-body repair,
auto repair, vehicle sales/rental/storage shall not be deemed permissible
accessory uses of a vehicle fueling station.
[Amended 4-5-2023 by Ord. No. 92]
VEHICLE SALES/RENTAL/STORAGE
Any building, land area or other premises used for the display
or sale or lease or rental of new or used automobiles, trucks, trailers
or boats, but not including any repair work other than warranty and
other repair service conducted as an accessory use on such premises.
A permanent sales office building shall be located on the same lot
as the vehicle sales.
VENDING LOT
Temporary use of a lot permitted by the Zoning Board of Appeals
for up to a twelve-month period where food, beverages, goods, merchandise,
or service are displayed, offered for sale, or given away.
WAREHOUSE/WHOLESALE DISTRIBUTION
Facilities characterized by extensive warehousing, frequent
heavy trucking activity, open storage of material, or nuisances such
as dust, noise and odors, but not involved in manufacturing or production.
YARD
An open space on the same lot with a building, unoccupied
or unobstructed by a portion of structure from the ground upward,
except as otherwise provided in this chapter.
YARD, FRONT
A yard extending across the full width of a lot and lying
between the front lot line and the principal building(s). On a corner
lot, the two yards lying between the principal building and the two
or more public streets shall be deemed to be front yards.
YARD, FRONT AVERAGE
The minimum depth of the front yard for the vacant lot situated
between two improved lots, the front yard of the vacant lot shall
be equal to the average of the front yards of existing buildings on
either side. In no case shall it be closer than the required front
yard setback of the district in which the lot is locate.
YARD, PRIVACY
A small area contiguous to a building and enclosed on at
least two sides with either a wall or fence having a minimum height
of six feet.
YARD, REAR
A yard extending across the full width of the lot and lying
between the rear lot line and the principal building(s).
YARD, SIDE
A yard between the side lot line and the principal building
and extending from the front yard to the rear yard, or in the absence
of either of such yards, to the front or rear lot lines, as may be
appropriate.
ZOO
An area, building, or structures which contain wild animals
on exhibition or viewing by the public.