City of Watertown, NY Article XVI Definitions

§ 310-150 Rules of construction; terms defined.

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 rest 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:

(a) "And" indicates that all the connected items, conditions, provisions or events shall apply.

(b) "Or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination.

(c) "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 that is associated with and incidental to the principal building on the same lot. Accessory structures are subordinate in area, extent, or purpose to the principal building.

ACCESSORY USE

A use that is associated with and incidental to the principal use on the same lot. An accessory use may not be accessory to another accessory use.

ADULT ENTERTAINMENT

A public or private establishment, with or without food and/or alcoholic beverages, which features topless or bottomless dancers, or strippers, or other entertainment characterized by an emphasis on sexual activities.

ADULT USE

Any establishment or business involved in providing adult entertainment.

ALLEY

A dedicated public right-of-way affording a secondary means of vehicular or pedestrian access to adjacent property and not intended for general traffic circulation.

ALTERATION

As applied to a building or structure, a change or rearrangement in the structural parts, or in the entrance and exit facilities, or an enlargement, or the moving from one location or position to another.

AMUSEMENT, RECREATION, OR ENTERTAINMENT, INDOOR

A building or portion of a building designed and equipped for the conduct of sports, exercise, leisure-time activities, amusement or other recreation activities; excludes gaming and gambling facilities.

AMUSEMENT, RECREATION, OR ENTERTAINMENT, OUTDOOR

Sports, exercise, leisure-time activities, amusement or other recreation activities conducted outdoors. Examples include driving ranges, miniature golf, swimming pools, tennis courts, motorized cart and motorcycle tracks, water parks, amusement parks, batting cages, trampoline facilities, mountain bike parks, and paintball courses.

ANIMAL CLINIC/VETERINARY HOSPITAL

A facility for the medical or surgical care by a doctor of veterinary medicine licensed in the State of New York of small animals commonly kept as household pets and having no limitation on overnight accommodations for such animals. Crematory facilities shall not be allowed in a veterinary hospital.

ANIMAL SHELTER

Any facility where homeless, stray, abandoned, rescued or unwanted animals are received, harbored, maintained or made available for adoption to the general public and which is owned, operated or maintained by a duly incorporated nonprofit or tax-exempt organization devoted to the welfare, protection, or humane treatment of animals.

ASSISTED LIVING

Assisted living residence facility which provides housing, on-site monitoring, and personal care services and/or home care services (either directly or indirectly) in a home-like setting for senior (over 55) residents.

AUTO REPAIR

Engine or motor repair, electrical work, EV battery replacement, 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.

AUTOMOTIVE USES

All uses listed under the automotive category of the Use Table.

BAR/RESTAURANT/CAFE/BREWPUB

An establishment whose principal business is the selling of unpackaged food or beverages to the customer in a ready-to-consume state, where the customer usually consumes the food or beverage on the premises. Includes microbreweries/distilleries/wineries producing less than 5,000 barrels of beer, cider, wine, liquor, and/or mead annually.

BASEMENT/CELLAR

The portion of a building which is partly or wholly below grade but so located that the vertical distance from the average exterior grade to the ceiling is less than or equal to the vertical distance from the average exterior grade to the floor (that is equal to or more than halfway below 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.

BREWERY/DISTILLERY/WINERY

Any place or premises that is primarily used for producing beer, cider, liquor, wine, or mead for sale. The establishment is subject to all applicable New York State laws and regulations. It may include retail and may have an adjacent bar, tavern, taproom or restaurant.

BREWERY/DISTILLERY/WINERY, MICRO

A brewery/distillery/winery where the annual combined production of beer, cider, liquor, wine, and mead on-site does not exceed 75,000 barrels annually and where the product is sold for consumption on-site to the general public.

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 FRONTAGE

The first-floor building elevation(s) facing a public street. In the case where the principal entrance(s) of the building(s) is oriented toward a parking lot, the elevation containing the principal entrance may be selected by the owner as the building frontage instead of the elevation(s) facing a public street.

BUILDING HEIGHT

The vertical distance measured from the established grade to the highest point of the roof surface for flat roofs, to the deckline 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.

CAR WASH

Any building or premises devoted to the business of washing automobiles for a fee.

CEMETERY

A place dedicated to the permanent interment of human remains including cremated remains.

CENTER LINE, ROAD

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

CLINIC

A facility where people are admitted for examination and treatment and may be lodged overnight and/or for an extended period of time.

CLUB, PRIVATE

A nonprofit association of persons who are bona fide members, which owns or leases a building or portion thereof, the use of such premises being restricted to members and their guests. Includes nonprofits registered as fraternal, social, civic, athletic, and trade clubs; excludes fraternities and sororities associated with academic institutions.

CO-HOUSING

An intentional community of single dwelling units, or two-unit dwellings, with shared indoor and outdoor spaces. The attached or stand-alone dwellings have traditional facilities, including a private kitchen. Shared spaces typically feature a common house, which may include a large kitchen and dining area, laundry, and recreational or open spaces.

COMMUNAL HOUSING

Building(s) or structure(s) providing nontransient housing or accommodation in either shared or private dwelling units in a communal setting, together with services which may include shared kitchen/dining facilities, sanitary facilities, laundry facilities, amenities, and other facilities to the residents living therein. Residence in the communal housing requires membership in and/or payment to a nonprofit, religious, health care, or educational institution.

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

Land used for the cultivation of plants by multiple users for personal or group consumption or for sale or donation. Community gardens may be divided into separate plots for cultivation by one or more individuals or may be farmed collectively by members of the group and may include common areas maintained or used by group members.

COMMUNITY RESIDENTIAL FACILITY

A supportive living facility subject to licensure by the New York State Office of Mental Health or the New York State Office for People with Developmental Disabilities which provides housing for individuals, including residential treatment facilities for children and youth.

COMPOSTING FACILITY

A facility where organic matter derived primarily from off-site is processed by biological decomposition 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, recreational 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 place, other than a personal residence, designed and/or operated to provide day care for children 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 CENTER, ACCESSORY

A day-care center that is an accessory use.

DAY CARE, ADULT

A place that provides individuals with socialization, supervision, monitoring, personal care, or nutrition in a protective setting during any part of the day, but for less than a twenty-four-hour period. Additional services may include and are not limited to maintenance and enhancement of daily living skills, transportation, caregiver assistance, case coordination and assistance, or relief of inclement weather to adults and minors where such condition is dangerous to human health.

DAY CARE, FAMILY

A personal residence designed and/or operated to provide family or group day care for between three and 12 children 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.

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 accessory structure or use that permits customers to receive services or obtain goods while remaining in their automotive vehicle.

DRIVEWAY

The space specifically designated and reserved on a lot primarily for the movement of vehicles from one site to another or from a site to a public street.

DWELLING

Any building that contains one or more dwelling units for living purposes.

DWELLING UNIT

A single unit with one or more rooms providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

(1) DWELLING, ATTACHED A dwelling which is joined to another dwelling at one or more sides by a party wall or walls.

(2) DWELLING, DETACHED A dwelling which is surrounded by open space on all sides of the building.

(3) DWELLING, SINGLE-UNIT A detached dwelling occupied exclusively by one dwelling unit.

(4) DWELLING, TWO-UNIT Two dwelling units which are attached, or a detached dwelling with two dwelling units.

(5) DWELLING, MULTIUNIT A detached dwelling that contains three or four dwelling units; or a dwelling that consists of two attached dwellings in which the total number of dwelling units for both does not exceed four.

(6) DWELLING, MULTIUNIT, PREEXISTING A multiunit dwelling in existence on or before the adoption of this chapter.

(7) DWELLING, TOWNHOUSE/ROWHOUSE Three or more dwelling units which are attached, with each dwelling containing one unit that extends from the foundation to the roof with open space on at least two sides including front and rear and a separate means of egress.

(8) DWELLING, APARTMENT BUILDING A dwelling that contains five or more dwelling units.

(9) DWELLING, ACCESSORY UNIT An additional dwelling unit that is either part of, or an accessory structure to, a single unit dwelling. Such a dwelling shall be incidental to the principal dwelling and subordinate in size.

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 or maintenance by public utilities or municipal departments of underground, surface or overhead energy, water, waste, communications systems, or cellular service. May include gas, electric, steam, fuel or water transmission or distribution system collection; or 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 necessary for the furnishing of adequate service by such utilities or municipal departments for the general health, safety and welfare. Does not include buildings.

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 nonstructural elements which extend beyond the roof.

FENCE

A constructed barrier of wood, masonry, stone, metal, or other manufactured material or combination of materials erected to enclose, screen, or separate areas on a lot 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.

FREIGHT TERMINAL, MOTOR

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 or unloading goods.

FREIGHT TERMINAL, RAIL

Any premises used by a rail 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 or unloading goods.

FUEL/CONVENIENCE STATION

Any area of land, including structures thereon, that is used for the sale of gasoline, oil or other motor vehicle fuel, including a convenience store, provided that the store is an integral part of the gasoline station, excluding towing and automobile service. Auto body repair, auto repair, vehicle sales/rental/storage shall not be deemed permissible accessory uses of a fuel/convenience station.

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.

GARDEN CENTER

A business whose principal activity is the selling of plants and/or gardening, agriculture, and landscaping supplies and who may have large outside storage, growing, display, or loading areas.

GARDEN CENTER, RETAIL

A business whose principal activity is the retail sale of plants and/or supplies to the general public for use in gardens, personal agriculture, or landscaping. The business may have outside storage or display packaged in quantities not exceeding those intended for personal use.

GEOTHERMAL ENERGY SYSTEM

Equipment for the collection of geothermal energy or its conversion to electrical energy.

GEOTHERMAL, ACCESSORY

Any geothermal energy system that is an accessory use or accessory structure.

GEOTHERMAL, PRINCIPAL

A geothermal energy system that produces energy primarily for the purpose of off-site sale or consumption.

GOLF COURSE

An area of land laid out for golf with a series of nine or 18 holes, each including tee, fairway, and putting green and often one or more natural or artificial hazards; excludes miniature golf and driving ranges.

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.

HOME OCCUPATION, MAJOR

A use which is clearly incidental to the use of the dwelling unit as a place of residence that is conducted primarily within a dwelling unit or its accessory building(s) or where office activities are conducted within the dwelling or accessory building. A major home occupation is distinguished by the ability to perform services on-site, serve customers on-site, and have up to one person other than the resident engaged in the occupation.

HOME OCCUPATION, MINOR

A use which is clearly incidental to the use of the dwelling unit as a place of residence that is conducted primarily within a dwelling unit or its accessory building(s) or where office activities are conducted within the dwelling or accessory building. A minor home occupation is distinguished by having no persons other than the resident of the property engaged in the occupation.

HOSPITAL

A facility engaged in providing medical or medical and surgical services primarily to inpatients by or under supervision of a physician on a twenty-four-hour basis with provisions for admission or treatment of persons in need of emergency care and an organized medical staff and nursing service, including facilities providing services relating to particular diseases, injuries, conditions or deformities. May include accessory uses including medical laboratory, rehabilitation or therapy center, medical waste autoclave, medical research facility.

HOTEL/MOTEL/HOSTEL

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, shared kitchens, and leisure rooms, are provided for use by the lodger and/or the general public. A nightclub may be included in hotels/motels/hostels with 50 or more rooms.

HOUSE OF WORSHIP

A place for public worship, including, but not limited to, a church, synagogue or mosque.

HYDRO

Any hydro energy system that is designed and intended to generate energy.

IMPERVIOUS SURFACE

Any hard-surface, man-made area that does not readily absorb or retain water.

INDUSTRIAL FACILITY

Uses engaged in the manufacture of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales, or distribution. Shall include uses such as the manufacture of electronic instruments, engineered composites, the preparation of food products, pharmaceutical manufacturing, research and scientific laboratories, or the like. Shall not include uses such as mining and extracting industries, petrochemical industries, rubber refining, primary metal, or related industries.

INDUSTRIAL FACILITY, PREEXISTING

An industrial facility which existed prior to the adoption of this chapter.

INN

A commercial facility, 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.

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 junkyard 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 place where more than four dogs, cats, or 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 of grass, trees, shrubs or other natural greenery, or containing any form of landscaping or architectural treatment.

LIVE-WORK UNIT

A dwelling unit used jointly for residential and commercial uses where the resident is the business owner.

LOADING SPACE

An area for the temporary parking of motor vehicles while transferring, loading or unloading goods, merchandise, and products or while performing services.

LOT

A single tax parcel occupied or designed to be occupied by structures or uses together with such yards and open spaces as are required by 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.

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 LINE In the case of a lot adjacent to only one street, the line separating such lot from such street. In the case of a lot that is adjacent to more than one street, the owner may request any street lot line as the front lot line.

(2) REAR LOT LINE The 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 LINE Any 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 adjacent to 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.

MANUFACTURED (MOBILE) HOME

A dwelling unit, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems. A commercial coach, motor home, camper, or other unit originally designed as a recreation vehicle is not a manufactured home for purposes of this chapter and is not permitted for occupancy purposes outside of approved locations for such units.

MANUFACTURED (MOBILE) HOME PARK

Land on which two or more manufactured homes are parked and occupied for living purposes.

MARIJUANA CULTIVATION, MANUFACTURING, PACKAGING

A business that includes, 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.

MIXED-USE BUILDING

A building which contains a mix of commercial and residential uses.

MODULAR HOME

A factory-fabricated transportable structure designed primarily for residential occupancy, constructed by a method or system of construction whereby the structure or its components are wholly or in substantial part manufactured in manufacturing facilities and designed for permanent installation on a building site. The term is intended to apply to major assemblies and does not include buildings constructed at a site from prefabricated panels, trusses, and other prefabricated supplements.

MUNICIPAL PARK

A natural or landscaped area with buildings or structures provided by a unit of government to meet the active or passive recreational needs of people.

MUSEUM

An institution devoted to the procurement, care, study, and display of objects of lasting interest or value.

NIGHTCLUB

A business which provides or permits any musical entertainment, singing, dancing or other form of amusement, including comedic performances, whether or not in connection with the service of food or beverage. Does not include an establishment such as a bar/restaurant/cafe/brewpub which provides incidental musical or vocal entertainment.

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 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 regulations 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, which does not conform to the regulations of the district in which it is located.

OCCUPANT

An entity residing or doing business on a parcel. In the case of a single unit residential use, the entity is the household; for residential uses with more than one unit, the entity is the property owner; for a commercial or industrial use, the entity is the business whether it be a sole proprietorship, partnership or corporation; and in the case of a not-for-profit, the entity is the corporation.

OFFICE

A building or portion thereof used primarily for conducting the affairs of a business, profession, medical or health practitioner, service, industry, or government and generally furnished with desks, tables, files, and communication equipment. No manufacturing processes, retail sales, construction, or warehousing occurs on the premises.

ORDINARY HIGH-WATER MARK

The highest level reached by a body of water that has been maintained for a sufficient period of time to leave evidence on the landscape.

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 bar/restaurant/cafe/brewpub 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 junkyards or salvage yards or the like.

PARCEL

See "lot."

PARKING LOT (OFF-STREET)

A lot devoted to the temporary parking of motor vehicles defined by a boundary, with parking spaces delineated.

PARKING STRUCTURE

An area that is used for parking that is enclosed by a structure.

PARKS and OPEN SPACES

Land uses consisting of open spaces, natural areas, outdoor recreation, community gardens, or other public spaces. Parks and open spaces tend to have few structures. Examples include parks, cemeteries, public squares, plazas, recreational trails, botanical gardens, zoos, athletic fields, boat launching areas, and nature preserves.

PERSONAL AGRICULTURE

The small-scale production, keeping, or maintenance of plants and animals in urban or developed areas, which may or may not be for sale, where animals are limited to ducks, rabbits, honeybees, and female chickens (hens).

PERSONAL HORTICULTURE

The small-scale production, keeping, or maintenance of plants for personal use or for sale.

PET/DOG DAY CARE

A site, building, or place designated and/or operated to provide day care for small animals commonly kept as household pets on a daily basis for a fee without boarding.

PLANNED DEVELOPMENT

A site planned and developed as an integrated unit upon which residential, commercial, industrial or other land uses or any combination thereof may be authorized in a flexible manner so as to achieve the goals of the City's Comprehensive Plan.

PORCH

Any veranda, gallery, terrace, piazza, portico or similar projection from a main wall of a principal building and covered by a roof. An unenclosed porch is a porch with no side enclosures that are more than 42 inches in height other than the side of the building to which the porch is attached. A porch shall extend no more than 12 feet out from the main wall of a building.

PRINCIPAL BUILDING

A building in which is conducted the principal use of the zoning lot upon which it is situated.

PRINCIPAL USE

The primary use to which the premises is 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.

RECYCLING FACILITY

A facility at which recoverable resources, such as paper, glassware, white goods, plastic, cardboard and metal cans are collected, stored, flattened, crushed or bundled. It does not include a wrecking yard where vehicles or other machinery is stored, dismantled, or demolished.

REDEMPTION CENTER

A facility used for the collection of bottles and cans returned for deposits.

REDEVELOPMENT

A project that substantially renovates and reuses a previously vacant or nearly vacant building.

RESIDENTIAL ADAPTIVE REUSE, PREEXISTING

The conversion of a large building in existence on or before the adoption of this chapter from its original or most recent use to a dwelling with more than two units.

RETAIL, GENERAL AND SERVICE

A business selling personal goods, services, instruction, or food; excludes adult uses; amusement, recreation, or entertainment (indoor or outdoor); automotive uses; bar/restaurant/cafe/brewpubs; day-care facilities; medical services; nightclubs; and offices.

RETAIL, NEIGHBORHOOD

A retail, general and service business of less than 2,000 square feet of gross floor area.

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.

RIVER SETBACK

The minimum distance allowed between a building, structure, or parking area and the top-of-bank of a river or stream.

SCHOOL, COLLEGE, UNIVERSITY OR TRADE

A public, parochial, or private school authorized to grant degrees or certificates in higher education or a school primarily devoted to giving instruction in vocational, professional, artistic, or other special subjects.

SCHOOL, PRESCHOOL, ELEMENTARY, MIDDLE OR HIGH

Any public elementary or secondary school, universal prekindergarten program, an approved provider of preschool special education, any other publicly funded prekindergarten program, a school serving children in a special act school district, an approved private school for the education of students with disabilities, a state-supported school, or a state-operated school, as each is defined by the New York State Department of Education.

SELF STORAGE

A facility consisting of a structure or group of structures containing individual spaces available for rent for the storage of personal property.

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

A group of retail or other commercial establishments that is planned, owned, and managed as a single property.

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, hostels, inns, and bed-and-breakfasts are excluded from this definition.

SIGN

Any representation used to identify, advertise or promote the interests of any person or business when such sign is placed in the view of the general public out of doors or on the exterior of any building or structure, including interior and exterior window surfaces. "Representation" shall include any lettered or pictorial matter, including letters, words, symbols, emblems and insignias, and the structure or device or part thereof which displays such representation. It does not include customary window display of products.

(1) BUILDING SIGN Any sign attached to any part of a building, including windows.

(2) DISPLAY AREA The area that encloses the limits of the message, announcement or decoration on a building or freestanding sign.

(3) ELECTRONIC MESSAGING CENTER Any sign that contains liquid crystal diodes (LCD), light-emitting diodes (LED), plasma, light bulbs, or other digital illuminated displays that allow for fixed or changeable copy, symbols, figures, or images by remote or automatic means.

(4) FOOTCANDLES A measurement of the amount of light reaching an object. A footcandle is the measurement of the intensity of one lumen of light falling on one square foot of surface area one foot away from the source.

(5) FREESTANDING SIGN Any sign not attached to any part of a building, but affixed by any other means in or upon the ground.

(6) MONUMENT SIGN A ground-level sign on which a driver notices or a person passing by can easily see the business information. It is typically made from brick and mortar construction, stone, stainless steel, plastic, or other durable materials.

(7) NONCONFORMING SIGN A sign existing before the effective date of this chapter which would otherwise not be allowed under the terms of this section.

(8) ON-PREMISES SIGN A sign advertising the sale or lease of property upon which it is located or a sign advertising activities conducted on the property on which it is located.

(9) SANDWICH-BOARD SIGN A portable sign constructed in such a way that two sign boards connected at the top and angled so that the boards are freestanding.

(10) SIGN INSTALLATION The act of placing, erecting or painting a sign, moving a sign or replacing a sign board with another. This term does not include repainting an existing sign, painting a new message over an existing sign, or replacing the panel in a lighted sign box with the same type of material.

(11) SIGN MAINTENANCE The act of keeping a sign in the state of good repair, including repainting (whether with the same message or a new message), replacing the panel in a lighted box with the same type of material, bulb replacement and repair of electrical and structural parts.

(12) SIGN STRUCTURE The supports, uprights, bracing, backing and framework for a sign, as distinguished from the facade or structural components of a building.

(13) TEMPORARY SIGN A sign designed or intended to be displayed for a short period of time.

(14) WINDOW SIGN A sign which is painted or affixed on glass or other window material or placed within 12 inches of the window, but not including graphics on products as part of a customary window display of products or services rendered on the premises.

SITE PLAN

A plan, to scale, showing uses and structures proposed for a lot 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.

SKILLED NURSING FACILITY

An institution (or a distinct part of an institution) which is primarily engaged in providing to residents skilled nursing care and related services for residents who require medical or nursing care, or rehabilitation services for the rehabilitation of injured, disabled, or sick persons, and is not primarily for the care and treatment of mental diseases.

SOLAR ENERGY SYSTEM

A solar collector or other device or structural design feature that relies upon sunshine as an energy source and is capable of collecting, distributing, and/or storing the sun's radiant energy.

SOLAR, ACCESSORY

Any solar energy system that is an accessory use or structure.

SOLAR, PRINCIPAL

A solar energy system that is ground-mounted and produces energy primarily for the purpose of off-site sale or consumption.

SPECIAL EVENTS, OUTDOOR

A celebration, ceremony, wedding, reception, corporate function, or similar activity for the benefit of someone other than the property owner, involving the gathering of individuals assembled for the common purpose of attending a special event. Uses that are accessory to a residential use, including private parties, gatherings, and similar activities that are not subject to a use agreement between a private individual or group and the homeowner are not defined as a special event.

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 primarily for vehicular traffic 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 a shoreline, such as an antenna, building, sign, tank, fence, pole, pool, wind turbine, and any fixtures, additions and alterations thereto. Construction must be more than six inches above grade or in excess of 100 square feet in gross floor area or over 100 feet in height to be considered a structure. Landscaping features, driveways, and parking areas shall not constitute structures.

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.

TEMPORARY STRUCTURE

A structure erected for a prescribed and limited duration.

TEMPORARY USE

A use conducted upon a premises for a prescribed and limited duration.

THEATER

A building designed for the enactment of dramatic performances, musical performances, and/or the showing of motion pictures.

TRAVEL TRAILER/RECREATIONAL VEHICLE (RV)

Any vehicle or structure which is designed to be self-propelled or towable on its own wheels (sometimes referred to as a "fifth-wheel" or "tow-behind"), that is designed and intended to be used for temporary living quarters for travel, recreational, or vacation purposes.

USE

Any activity, occupation, business, or operation carried out on a lot of land or in a structure.

VARIANCES, AREA

The authorization by the Zoning Board of Appeals for the use of land in a manner that is not allowed by the dimensional or physical requirements of this chapter.

VARIANCES, USE

The authorization by the Zoning Board of Appeals for the use of land for a purpose that is otherwise not allowed or is prohibited by this chapter.

VEHICLE CHARGING STATION

A location that contains the equipment that supplies electric energy for the recharging of electric vehicles.

VEHICLE SALES/RENTAL/STORAGE

Any building, land area or other premises used for the storage or sale or lease or rental of automobiles, trucks, trailers, boats, RVs, campers, and/or manufactured homes, 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 where food, beverages, goods, merchandise, or services are displayed, offered for sale, or given away.

WALK-UP WINDOW, ACCESSORY

An accessory structure or use that permits customers to receive services, obtain goods, or be entertained while remaining outside on foot.

WAREHOUSE/WHOLESALE DISTRIBUTION

Facilities characterized by extensive indoor storage, frequent heavy trucking activity, open storage of material, or nuisances, such as dust, noise and odors, but not involved in manufacturing or production.

WATER-DEPENDENT USE

An activity that can only be conducted on, in, over or adjacent to a water body because such activity requires direct access to that water body, and which involves, as an integral part of such activity, the use of the water.

WATER-ENHANCED USE

An activity that does not require a location adjacent to or over a water body, but whose location on land adjacent to the shore adds to the public use and enjoyment of the water's edge. Water-enhanced uses are primarily residential, recreational, cultural, retail, or entertainment uses.

WIND ENERGY SYSTEM

A device or structural design feature that generates energy from wind and is capable of collecting, distributing, and/or storing energy.

WIND, ACCESSORY

Any wind energy system that is an accessory use or structure.

WIND, PRINCIPAL

A wind energy system that is ground-mounted and produces energy primarily for the purpose of off-site sale or consumption.

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.

(1) YARD, FRONT A yard between the front lot line and the front line of a building extended to the side lot lines; except that if the rear yard shall face the street, it shall be considered a "front yard."

(2) YARD, REAR A yard extending across the full width of the lot and lying between the rear lot line and the principal building(s).

(3) YARD, SIDE A yard between the principal building and a side lot line and extending through from the front yard to the rear yard.

ZOO/AQUARIUM

An area or structures which contain wild animals on exhibition or display for viewing by the public.