City of Utica, NY In General

[1]

Editor's Note: This ordinance also repealed former Ch. 2-29, Zoning, adopted 12-7-1994 by Ord. No. 313, as amended. The renumbering of Ord. No. 4 required to incorporate it into the Code was adopted and accepted 12-21-2022 by Ord. No. 127.

[Ord. No. 4, 2-3-2021]

(a)

Generally. The definitions contained in this section shall be interpreted as defined herein, except when the context clearly indicates otherwise. Any terms not defined herein shall have ascribed to them their ordinarily accepted meanings and/or such as the context herein may imply.

(b)

Construction. The following rules of construction apply to the text of this chapter:

(1)

The particular shall control the general.

(2)

In case of any difference of meaning or implication between the text of this chapter and any caption or illustration, the text shall control.

(3)

The word “shall” is mandatory and the word “may” is permissive.

(4)

Words used in the present tense include the future; words used in the singular number include the plural, and the plural the singular, unless context clearly indicates the contrary.

(5)

The word “building” includes “structure” and any part thereof.

(6)

The phrase “used for” includes “arranged for,” “designed for,” “intended for,” “maintained for” or “occupied for.”

(7)

The word “person” includes an individual, a corporation, a partnership, an incorporated association or any other similar entity.

(8)

Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction “and,” “or,” or “either . . . or,” the conjunction shall be interpreted as follows:

“And” indicates that all the connected items, conditions, provisions or events shall apply.

“Or” indicates that the connected items, conditions, provisions or events may apply singly or in any combination.

“Either . . . or” indicates that the connected items, conditions, provisions or events shall apply singly but not in combination.

(9)

“Abut” means having a common boundary or relationship at either a common property line, street or alley.

(10)

“Adjoin” means having a common boundary or relationship at a common property line.

(c)

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)

SPECIFIED ANATOMICAL AREAS

Less than completely and opaquely covered:

Human genitals.

Pubic region.

Buttocks.

Female breast below a point immediately above the top of the areola.

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

(6)

SPECIFIED SEXUAL ACTIVITIES

Human genitals in a state of sexual stimulation or arousal.

Acts of human masturbation, sexual intercourse or sodomy.

Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

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.

CENTER LINE, ROAD

A line lying midway between the right-of-way lines of a street.

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, DETACHED

A dwelling which is surrounded by open space on all sides of the lot.

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:

Up to four persons occupying a dwelling unit.

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:

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

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

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

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

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

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

Members of the household are employed in the area;

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

There is a common ownership of furniture and appliances among the members of the household; and

The group is not transient or temporary in nature.

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.

GROUP HOME

See "community residential facility."

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, INTERIOR

Any lot other than a corner lot.

LOT, THROUGH

Any lot having frontage on two more or less parallel streets as distinguished from a corner lot.

MARIJUANA CULTIVATION, MANUFACTURING, PACKAGING

Shall include, but is not limited to, cultivation, harvesting, extraction or other processing, packaging, and labeling of marijuana products.

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 LOT (OFF-STREET)

A parcel of land devoted to unenclosed parking spaces for more than five vehicles.

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.

SCHOOL, PRESCHOOL, ELEMENTARY, MIDDLE OR HIGH

A public, parochial, private school giving regular instruction, but not including a group day-care center unless conducted as part of a school of general education.

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.

VEHICLE STORAGE

Any outdoor area used for the storage of vehicles.

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.