Village of Newark, NY Definitions

ADULT ARCADEAny business where the public is permitted or invited wherein coin-operated, slug-operated, or for any form of consideration, electronically, electrically or mechanically controlled still or motion picture machines, projectors, videos or disc players, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depiction or description of specified sexual activities or specified anatomical areas.

ADULT BOOKSTOREAny business that has as a substantial portion (25% or more of gross floor area) of its stock-in-trade and offers for sale for any form of consideration any one or more of the following: 1) books, magazines, periodicals or other printed matter, or films, motion pictures, photographs, slides, video cassettes, DVDs, discs, computer-generated visuals or other visual representations which are characterized by an emphasis on the depiction of description of specified sexual activities or specified anatomical areas; or 2) devices, instruments or paraphernalia which are designed for use with specified sexual activities.

ADULT CABARETA nightclub, bar, restaurant or similar establishment that regularly features live performances characterized by the exposure of specified anatomical areas or by specified sexual activities, or films, motion pictures, video cassettes, DVDs, discs, or computer-generated visuals, or other photographic reproductions in which more than 10% of the total presentation time is characterized by any emphasis on the depiction of specified sexual activities or specified anatomical areas.

ANIMAL HOSPITAL/VETERINARY CLINIC

ADULT MOTION PICTURE THEATERAny business where, for any form of considerations, films, motion pictures, motion pictures, video cassettes, DVDs, discs, computer-generated visuals, slides, or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.

AGRICULTURAL USE

The use of land for the production, preparation, marketing and transportation of food crops, horticultural and floricultural products, animal husbandry, livestock and livestock products, as well as the buildings, structures, equipment, manure-processing and -handling facilities and associated operations necessary to support these production activities. Agricultural use includes stables.

ALLEY

A public right-of-way that affords a secondary means of access to abutting properties.

ALTERATION

Any addition to a structure, a change or rearrangement in the structural parts, or any change in use from one district classification to another, or movement of a structure from one location to another.

Any facility maintained by or for the use of alicensed veterinarian to diagnose, treat or prevent animal diseases. Animals treated in this facility are limited to dogs, cats or other comparable household pets. Overnight care of these animals is prohibited except when necessary for medical treatment of the animal.

ART GALLERY

An establishment engaged in the sale, loan or display of art books, paintings, sculpture, photographs, fabrics, artisanal crafts or other works or art.

AUDITORIUM

A building or structure designed or intended for use for the gathering of people as an audience to hear music, lectures, plays, and other presentations.

BANK

A financial institution that is open to the public and engaged in deposit banking, and that performs closely related functions such as making loans, investments, and fiduciary activities.

BAR — A business licensed to sell alcoholic beverages that will be consumed on the premises

Includes taverns, nightclubs, private clubs and similar facilities that serve liquor.

BASEMENT

The portion of a building that is completely or partially underground, having at least one-half of its height (the distance between the ceiling and the floor) below the average grade of the adjoining ground.

BLOCK

The length of street between two intersections.

BOAT LAUNCH

An inclined slab, set of pads, rails, planks or graded slope used for launching boats with trailers or by hand.

BUFFER AREA/STRIP

A continuous strip of land area covered with grass, bushes, trees, fencing, embankments or berms that is designed to provide a visible and physical screen between adjacent land uses to reduce intrusion of litter, fumes, dust, noise, artificial light or other noxious or objectionable elements.

BUILDING

Any structure with a roof that is supported by columns or by walls and is intended to shelter, house or enclose persons, animals or property.

BUILDING, ACCESSORYA detached building or structure which is: 1) customarily incidental and subordinate to, and serves, a principal building on a property; 2) subordinate in area, extent or purpose to the principal building served; 3) contributing to the comfort, convenience or necessity of occupants of the principal building use; 4) located on the same parcel as the principal building. Private detached garages and greenhouses are included; truck trailers are not.

BUILDING AREAThe total of areas taken on a horizontal plane at the main finished grade level of the principal building and all accessory buildings exclusive of uncovered porches, terraces, steps and ramps. All dimensions shall be measured between the exterior faces of walls.

BUILDING, DETACHEDAn accessory building surrounded by open land.

BUILDING FRONT LINEThe line of that face of a principal building nearest the street line. For a corner lot, each building line facing a street line is considered a front building line. This face includes covered porches, whether enclosed or unenclosed, but does not include steps or ramps.

BUILDING, NONCONFORMINGA building or structure constructed before the adoption of local law which does not now conform with provisions of local law.

BUILDING, PRINCIPALThe structure in which the principal use of the property is conducted.

BUSINESS

Any lawful commercial enterprise engaged in manufacturing, purchasing, selling, leasing or exchanging of goods and/or providing services.

BUSINESS, DRIVE-IN

See "drive-in business."

CAR WASH

A building or portion thereof containing facilities for washing more than two cars, using mechanical production-line methods and an attendant to provide some of the service rendered.

CAR WASH (SELF-SERVICE)

An attendant-less car wash wherein the customer provides labor and where no self-propelled wash racks are provided; a drive-in automatic car wash wherein the vehicle does not move and is cleaned and rinsed by circulating soap-and-water fixtures.

CEMETERY

Any facility created to dispose of or bury deceased human beings or pets in a grave, mausoleum, vault or other receptacle.

CHILD DAY CARE

The care for a child on a regular basis provided away from the child's residence for less than 24 hours per day by someone other than a parent, step-parent, guardian or relative within the third degree of consanguinity of the parents or step-parents of said child.

FAMILY DAY CARE HOMEA residence in which child day care is provided on a regular basis for more than three hours per day per child for three to six children for compensation or otherwise.

GROUP FAMILY DAY CARE HOMEA residence in which child care is provided on a regular basis for more than three hours per day per child for seven to 12 children for compensation or otherwise.

CHILD DAY-CARE CENTERA program or facility which is not a residence, in which child care is provided on a regular basis to more than six children for more than three hours per day per child for compensation or otherwise.

DEC/NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

NURSERY SCHOOLA school, which is not a residence, designed to provide daytime care and instruction for two or more children up to age six, operated on a regular basis, for profit or otherwise.

CHURCH

See "place of worship."

CLUB, PRIVATE

A building or use catering exclusively to private club members and their guests, used for recreational, athletic or organizational purposes and not operated primarily for profit.

COMMUNITY CENTER

A facility where social, recreational, welfare, health, or child care assistance is provided, usually by a public, quasi-public, tax exempt, church, or municipal agency.

CONVENIENCE STORE

A retail store that stocks food, beverages and household supplies to customers who buy relatively few items. May include sale of prepared foods (sandwiches, baked goods, soups, coffee, ice cream) but no sale of gasoline.

CONVENTION CENTER

A facility designed to accommodate 500 or more persons and 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.

COVERAGE

The percentage of the lot covered by permanent structures.

CURB CUT

The opening along a street at which point vehicles may enter or leave the roadway.

DAY CARE

See "adult day-care facility" or "child day care."

The abbreviation "DEC" when used in these definitions refers to the state Department of Environmental Conservation.

DOCK

Any permanent or temporary structure that extends from the land into the water to provide additional canal or lake access to boats, swimming, or any other purpose. For purposes of measuring the square footage of a dock, and dock constructed shall be determined to begin at the mean high water mark as defined by the DEC.

DONATION COLLECTION BIN

A receptacle designed with a door, slot or other opening that is intended to accept and store donated items. This definition does not include trailers where personnel are present to accept donations.

DRIVE-IN BUSINESS

Where products are sold or services are performed for customers while they are in or near their vehicles in off-street parking or service areas (convenience store, drive-in bank, fast-food or take-out restaurant, kiosks). A car wash is not considered a drive-in business.

DRIVEWAY

Land used or intended to be used to allow vehicular access to the interior of a lot.

DUMP

Land used for the disposal, abandonment or burial of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or waste material of any kind.

DUMPSTER

A container designed to receive, transport or dump waste.

DWELLING

A house or other building designed or used for human habitation. "Dwelling" does not include tourist homes, motels, hotels, bed-and-breakfasts or other structures designed for transient residence.

BOARDINGHOUSEA dwelling where more than two - but fewer than six - rooms are provided for lodging for definite periods of time. Meals may or may not be provided, but there is one common kitchen facility. No meals are provided to outside guests.

CONDOMINIUMThe ownership of individual dwelling units located on a lot or lots which are owned in common by individual unit owners, or any division of the interests in real property, including easements and leases of over five years, that have the effect of permitting more than one dwelling unit on a lot without the division of the fee simple interest in said lot.

DORMITORYA structure specifically designed for a long-term stay by students of a college, university or nonprofit organization for the purpose of providing rooms for sleeping purposes. One common kitchen and some common gathering rooms for social purposes may also be provided.

FRATERNITY/SORORITY HOUSEA house occupied by a college or university fraternity or sorority containing sleeping rooms, bathrooms, common rooms, and a central kitchen and dining area maintained exclusively for members of the fraternity or sorority and their guests or visitors.

MANUFACTURED HOMEA factory-manufactured dwelling unit built on or after June 15, 1976, and conforming to the requirements of the Department of Housing and Urban Development (HUD), Manufactured Home Construction and Safety Standards, 24 CFR Part 3280, 4/1/93, transportable in one or more sections, which in the traveling mode is eight feet or more in width or 40 feet or more in length, or, when erected on site is 320 square feet minimum, constructed 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 contained therein. "Manufactured home" includes any structure that meets all the requirements of the definition except the size requirements with respect to which the manufacturer voluntarily files a certification required by HUD and complies with all standards established under the Manufactured Housing Construction and Safety Act of 1974,[1] as amended. "Manufactured home" does not include any self-propelled recreational vehicle. (See also "mobile/manufactured home park.")

MIXED USEA building or buildings on one tax parcel that includes housing and one of the following or similar uses open to the public: office, retail, medical, recreational, and commercial uses, but excludes industrial uses.

(7)

MOBILE HOMEA factory-manufactured dwelling unit built prior to June 15, 1976, with or without a label certifying compliance with NFPA, ANSI or as specific state standard, transportable in one or more sections, which in the traveling mode is eight feet or more in width or 40 feet or more in length, or, when erected on site, is 320 square feet minimum, constructed 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 contained therein. "Mobile home" shall not include travel trailers or any self-propelled recreational vehicle.

(8)

MOBILE/MANUFACTURED HOME PARKA property of 10 acres or more under single ownership that is maintained by a licensed operator for two or more mobile/manufactured homes and buildings or other structures that may be pertinent to their use. Persons may own or rent their mobile/manufactured homes and are provided services or facilities necessary for the use of their homes on the property.

(9)

MULTIFAMILY DWELLINGA building or portion thereof used or designed as a residence for three or more apartments or dwelling units.

(10)

ROW OR TOWNHOUSEA building on its own separate lot containing one dwelling unit that occupies space from the ground to the roof and is attached to one or more other row or townhouse dwelling units by at least one common wall and having totally exposed front and rear walls.

(11)

SEASONAL DWELLINGA dwelling unit occupied only during certain seasons of the year for recreational purposes (beach cottages, camps, hunting cabin, vacation cottage, summer cottage, vacation lodge).

(12)

SINGLE-FAMILY DWELLINGA detached building containing only one dwelling unit.

(13)

TWO-FAMILY DWELLINGA detached or semidetached building where no more than two individual single-family dwelling units are entirely separated by vertical walls or horizontal floors.

DWELLING UNIT

One or more rooms connected for occupancy by one family through rental or lease on a weekly, monthly or longer basis, physically separated from any other rooms or dwelling units in the same structure, and containing independent cooking, sleeping and bathroom facilities.

DWELLING, STATE-LICENSED

ASSISTED LIVING RESIDENCE (ALR)A special combination of housing, supportive services, personalized assistance and health care designed to respond to the individual needs of those elderly people who need help with activities of daily living. An ALR provides or arranges for housing, twenty-four hour on-site monitoring, personal care (help with bathing, dressing, eating, grooming, and transferring), and/or home care services in a home-like setting to five or more adult residents. In addition, supportive services, socialization activities, meals, case management, and the development of an individualized service plan for each resident are also provided. Residents requiring continuing nursing or medical care are not eligible for an ALR. The facility has a central or private kitchen, dining, recreational and other facilities, with separate bedrooms or living quarters. The three types of assisted living residence are:

(a)

BASIC ASSISTED LIVING RESIDENCEA state-licensed ALR providing congregate meals, housekeeping, homemaking, transportation, social activities and person care for elders aged 65 and older who require minimal help in activities of daily life.

(b)

ENHANCED ASSISTED LIVING RESIDENCEA state-licensed ALR providing an enhanced level of care for elders who are more physically frail and may need another person to assist them to walk, to transfer, to descend stairs, or to operate medical equipment.

(c)

SPECIAL NEEDS ASSISTED LIVING RESIDENCEA licensed ALR serving individuals who, due to Alzheimer's Disease or dementia conditions, require more specialized services, more intense supervision, and a safer, secure environment specifically designed to appropriately meet their evolving needs as their cognitive abilities decline.

COMMUNITY RESIDENCEA residential facility operated by the state or which is operated by a provider of services and which is designed to assist mentally disabled people transition from institutional to independent living in the community, to provide a long-term supervised residence to individuals who require such support, to provide a temporary supervised shelter as an alternative to institutionalization, or to offer temporary supervised shelter as a means of providing respite to the family of an individual with supervisory/support needs. Community residences include, but are not limited to, halfway houses.

FAMILY CARE FACILITYA family-owned-and-operated state-certified residential facility that provides care for no more than 10 elderly or mentally disabled people.

INSTITUTIONAL CARE FACILITYA residence or other structure used to provide supervised housing and related services that are licensed by the county or a specific New York State organization. Services are provided by New York State Office of Mental Retardation and Developmental Disabilities, Veterans of Foreign Wars, the county or local agencies.

(a)

SUPERVISED GROUP HOMEResidents' activities are supervised 24 hours a day.

(b)

SEMI-INDEPENDENT SUPERVISED GROUP HOMEResidents' activities are supervised for fewer than 24 hours per day.

NURSING HOMEA home for the infirm aged or chronically or incurably ill persons, licensed by the state, in which five or more persons not of the immediate family are provided with food, shelter and skilled nursing care for compensation. Does not include hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.

EASEMENT

Authorization by a property owner for the use by another, and for a specified purpose, of a designated part of his or her property.

EDUCATION

COLLEGE/UNIVERSITYA postsecondary institution for higher learning that grants associate or bachelor degrees and may also have research facilities and/or professional schools that grant master and doctoral degrees. This may also include community colleges that grant associate or bachelor degrees or certificates of completion in business or technical fields.

PRIMARY/SECONDARY SCHOOLA public, private, or parochial school offering instruction at the elementary, junior, and/or senior high school levels in the branches of learning and study required to be taught in the public schools of New York State.

EQUIPMENT SALES/RENTAL ESTABLISHMENT

TRADE/BUSINESS SCHOOLA school established to provide for the teaching of industrial, clerical, managerial, or artistic skills. This definition applies to schools that are owned and operated privately for profit and that do not offer a complete educational curriculum (e.g., beauty school, modeling school).

Establishments primarily engaged in the sale or rental of tools, trucks, tractors, construction equipment, agricultural implements, and similar industrial equipment. Included in this use type is the incidental storage, maintenance, and servicing of such equipment.

FAMILY

One or more persons occupying a single dwelling unit, as a single housekeeping unit, provided that unless all members are related by blood, marriage or adoption, no such family shall contain more than six persons, including any roomers, boarders, and/or domestic servants. A home for independent living with support personnel that provide room and board, personal care and habilitation services in a family environment as a single housekeeping unit for not more than six resident elderly or disabled persons (mentally or physically impaired) with at least one but not more than two resident staff persons shall be considered a family. Here, "family" is defined as a single housekeeping unit, rather than as persons related by blood or marriage. This definition shall also include nontraditional groups to whom the courts have extended due process protection.

FARM

Any tract of land containing at least five acres used to produce, prepare and market grain, vegetable, fruit, and other crops, for horticultural, floricultural and viticulture products, animal husbandry, livestock and livestock products, as well as the buildings and structures necessary to support such production activities and practices.

FARM ANIMAL

Horses, cows, goats, sheep, pigs, fowl, llama, mules, donkeys, cattle, livestock and any animal customarily kept on a farm. Minimum land area for the first animal is five acres; one acre is required for each additional animal.

FARM LABOR CAMP

PRIVATE FARM LABOR CAMPAny structure or combination of structures, building or buildings on a farmer's own property where people are housed who are employed in the farmer's personal farming operation, on that farmer's land or land controlled by the farmer via valid lease.

FARM PRODUCE SEASONAL ROADSIDE STAND

COMMERCIAL FARM LABOR CAMPAny structure or combination of structures intended to be used to house people engaged in casual or per diem labor for farmers other than the owner of the camp.

A nonpermanent (removable and temporary) structure where agricultural products grown principally by the operator of the stand are sold during the harvest season. This is treated as an accessory structure.

FARM STAND

A permanent structure with more than 120 square feet of gross floor area where farm produce and agricultural products and crafts are displayed and sold. May also involve the accessory sales of other unprocessed foodstuffs, home-processed food products (pies, jams, jellies, breads, pickles, sauces, baked goods) and homemade handicrafts.

FARMERS' MARKET

The offering for sale of fresh agricultural products directly to the consumer in an open-air market designated by the Village Board of Trustees as a community activity.

FLOOR AREA, GROSS

The sum of the gross horizontal areas of the floor(s) of a building or buildings, excluding basement floor areas, measured from the inside faces of the exterior walls or from the center line of walls separating two separate dwelling units or uses.

FLOOR AREA, HABITABLE

The floor area of rooms in a dwelling unit used or intended to be used for bedrooms, living rooms, dining rooms and kitchens.

FOOD PROCESSING PLANT

A manufacturing facility producing or processing foods for human consumption, including:

Bakery products, sugar and confectionary products (except facilities that produce goods for on-site sales only, with no wider distribution).

Dairy products processing.

Fats and oil products (not including rendering plants).

Fruit and vegetable canning, preserving, and related processing.

Grain mill products and by-products.

FREIGHT/TRUCKING TERMINAL

Meat, poultry and seafood canning, curing and by-product processing (not including facilities that also slaughter animals).

(7)

Miscellaneous food preparation from raw products.

A facility for the receipt, transfer, short-term storage, and dispatching of goods transported by truck or rail.

FUNERAL HOME

A building or portion thereof used to principally prepare (embalm) human bodies for interment. The home may also be the site of funeral services. A mortuary may be included; a crematorium is not included in this use.

GARAGE, PRIVATE

An accessory building used to store motor vehicles or household items by the occupants of the property on which the garage is erected, with no provision for repairing or servicing such vehicles for profit.

GARAGE, PUBLIC

Any garage available to the public, operated for gain, and which is used for storage, repair, rental, greasing, washing, servicing or equipping motor vehicles, recreational vehicles, boats or other tangible personal property.

GARAGE, SERVICE OR REPAIR

An enclosed building (garage) used to repair motor vehicles for profit, including bodywork and painting, and the sale of parts and accessories.

GASOLINE STATION MINIMART

Any area of land, including buildings or structures on it, where gasoline, motor oil, lubricants or other minor accessories are retailed directly to the public on the premises in combination with the retailing of items typically found in a convenience store or supermarket and which may include facilities for lubricating, washing or otherwise servicing motor vehicles, but not including painting or major repairs to vehicles.

GOLF COURSE

A facility other than a miniature golf course for the playing of golf at which there may be a clubhouse including rest rooms and locker rooms. A golf course may provide additional services customarily furnished such as swimming, outdoor recreation, and related retail sales that may include a restaurant and cocktail lounge if approved as a part of the planned unit development process.

GOVERNMENTAL OFFICE/MUNICIPAL BUILDING

A building or structure owned, operated, or occupied by governmental agency to provide a governmental service to the public.

GRADE, FINISHED

The completed surfaces of ground, lawns, walks, paved areas and roads, brought to grade as shown on plans or designs submitted in the site approval process and in existence when certificate of occupancy is issued.

GYM/FITNESS CENTER/HEALTH CLUB

A facility where members or nonmembers use equipment or space for the purpose of physical exercise.

HABITABLE SPACE

A room or enclosed floor space arranged for living, eating and sleeping purposes (not including bathrooms, water closet compartment, laundries, pantries, foyers, hallways and other similar floor spaces).

HEALTH CARE RESEARCH FACILITY

A use engaged in research and development, testing, assembly, repair and manufacturing in the fields of biotechnology, pharmaceuticals, medical instrumentation or supplies, communications and information technology, electronics and instrumentation, and computer hardware and software. Office, warehousing and distribution of the finished products produced at the site are also allowed as part of this use.

HEIGHT

The vertical distance of the highest point of the roof or any rooftop deck, fence, railing, widow's walk, or other rooftop structure or feature above the mean finished grade of the ground adjoining the building. Chimneys, ventilators, antennas, skylines, tanks, bulkheads or solar panels shall not be considered part of the height of the building if they do not extend more than four feet above the specific height limit. Domes, towers, minarets or spires that are an integral part of a church or religious building are not subject to these limitations provided that such features are not used for living quarters.

HOME OCCUPATION

An accessory use of a service character conducted within a dwelling by the residents thereof, which is clearly secondary to the dwelling use for living purposes and does not change the character thereof or have any exterior evidence of such secondary use and which conforms to the following additional conditions:

The occupation or profession shall be carried on wholly within the principal building or within a building accessory thereto.

Not more than two persons outside the family shall be employed in the home occupation.

There shall be no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal building.

No offensive noise, vibration, smoke, dust, odors, heat, light or glare shall be produced.

A home occupation includes dressmaking, home cooking, teaching, musical instruction (limited to a single pupil at a time), and similar pursuits, and the skilled practice of an artist, insurance agent, musician, realtor or member of any profession within a dwelling occupied by the same. However, a home occupation shall not be interpreted to include the following: barbershops or beauty parlors, commercial stables and kennels, animal hospitals, restaurants and tearooms, musical instruction to groups, dancing instruction to groups, convalescent homes, mortuary establishments, garages or shops for the repair of motor vehicles, TV, radio or electrical appliances, and other trades and businesses of a similar nature.

HOSPITAL

An institution that provides health services, medical and/or surgical care, primarily for people who become temporary inpatients. Related facilities on site can include laboratories, outpatient clinics and training facilities.

JUNKYARD

An area of land, with or without buildings, primarily used for the outside storage of used and discarded material including but not limited to wastepaper, rags, scrap metal, building materials, appliances, machinery, vehicles or parts thereof, with or without the dismantling, processing, salvage, sale, or other use or disposition thereof.

KENNEL

An establishment where dogs are boarded for compensation or where dogs are bred or raised for sale purposes.

LIBRARY

A public, nonprofit facility in which literary, musical or reference material such as, but not limited to, books, manuscripts, recordings, computers, magazines, newspapers are kept for use by or loaning to patrons of the facility, but are not normally offered for sale.

LODGING

BED-AND-BREAKFASTOwner-occupied one-family dwelling that provides overnight or short-term sleeping accommodations and breakfast daily. The entire service, food, lodging and amenities are included in one stated price. Up to 10 guests may be accommodated per night, but not more than five bedrooms for such guests. The use is clearly incidental and secondary to the principal use of the property (the owner's dwelling). Must provide sufficient off-road parking for each guest room.

BED-AND-BREAKFAST INNOwner/host-occupied one-family dwelling that provides overnight or short-term sleeping accommodations and breakfast daily. The entire service, food, lodging and amenities are included in one stated price. May serve meals other than breakfast, but only by advance reservation. Up to 40 guests may be accommodated per night, but not more than 20 bedrooms for such guests. The use is clearly incidental and secondary to the principal use of the property (the owner's dwelling). Compliance with New York State, local building (zoning), fire and health department codes and regulations. Must provide sufficient off road parking for each guest room.

COUNTRY INNA commercial business located in a house or building that provides overnight or short-term sleeping accommodations and has a walk-in restaurant available to guests and the public, serving meals throughout the day. Up to 40 guests may be accommodated per night, but not more than 20 bedrooms for such guests. Compliance with New York State, local building (zoning) fire and health codes and regulations. Must provide sufficient off-road parking for restaurant and overnight guests.

HOTEL/MOTELA building or group of buildings in which lodging is provided and offered to the public for compensation and which is open to transient guests in contradistinction to a boarding or rooming house.

LOT

A parcel of land occupied or intended for occupancy by a building and its accessory buildings, together with such open spaces as are required, having not less than the minimum area, width and depth required for said lot in the zoning district in which the lot is situated, and having frontage on a street or other means of access as may be determined by the Planning Board to be adequate as a condition for the issuance of a building permit.

CORNER LOTA lot which has an interior angle of less than 135° at the intersection of two street lines. A lot abutting a curved street shall be considered a corner lot if the tangents to the curve at the points of intersection of the side-lot lines intersect at an interior angle of less than 135°.

LOT AREAThe total area within the property lines, excluding any portions lying within the boundaries of a public street or proposed public street.

LOT DEPTHThe mean horizontal distance from the street line of the lot to its opposite rear line, measured at right angles to the building line in the general direction of the side lines of the lot.

LOT FRONTAGEThe uninterrupted linear or curvilinear extent of a lot measured along the street right-of-way from the intersection of one side lot to the intersection of the other side lot line. The measurement of lot frontage shall not include irregularities in the street line and, in the case of a corner lot, shall extend to the point of the intersection of the side line of the rights-of-way. If a lot has frontage on more than one street, frontage on one street only may be used to satisfy the minimum lot frontage.

LOT LINESThe property lines bounding a lot.

OFFICE, BUSINESS — Includes all business and professional uses (other than medical office home occupation and professional residence-office)

LOT, NONCONFORMINGA lot of record existing at the date of the passage of local law that does not have the minimum width or contain the minimum area for the zone it is located in.

(7)

LOT LINE, REARA lot line which is opposite and most distant from the front lot line and in the case of an irregular or triangular-shaped lot, a line 10 feet in length within the lot parallel to and at the maximum distance from the front lot line.

(8)

LOT OF RECORDAny lot which has been established as such by plat, survey or deed prior to the date of adoption of this article, and which is shown in the records of the County Clerk.

(9)

LOT WIDTHThe horizontal distance between side lines measured along a line that is parallel to the front lot line and located at the required building front line.

LUMBERYARD

An establishment where lumber and other building materials such as brick, tile, cement, insulation, roofing materials, and the like are sold at retail. The sale of items, such as heating and plumbing supplies, electrical supplies, paint, glass, hardware, and wallpaper is permitted at retail and deemed to be customarily incidental to the sale of lumber and other building materials at retail.

MARINA

A dock or basin establishment providing docking, slips, moorings, and often supplies, repairs, and other services for pleasure boats and yachts, and accessory facilities including but not limited to showers, toilets, and self-service laundries.

MUNICIPAL BUILDINGS

All government-owned or -maintained buildings.

MUSEUM

Any building serving as a repository for a collection of natural, scientific or literary curiosities or objects of interest arranged, intended and designed to be used by members of the public for viewing, with or without an admissions change, and which may include as an accessory use the sale of goods to the public.

NURSERY SCHOOL

See "child day care."

NURSERY/GREENHOUSE

A greenhouse or dedicated outside area used for the retail handling of any article, substance or commodity related to the planting, maintenance or harvesting of flowers, garden plants, shrubs, trees, packaged fertilizers, soils, chemicals or other nursery goods and related products in small quantities to consumers.

NURSING HOME

See "dwelling, state-licensed, nursing home."

Banking, financial, insurance, real estate, governmental, utility services, legal, architectural, engineering.

OFFICE, MEDICAL

Includes medical, dental, chiropractic and clinical offices for the diagnosis and treatment of human ailments. Planned Parenthood centers are also included.

OFFICE, PROFESSIONAL RESIDENCE-OFFICE

A residence in which the occupant has a professional office which is clearly secondary to the dwelling use for living purposes and does not change the residential character thereof.

The occupation or profession shall be carried on wholly within the principal building or within a building accessory thereto.

Not more than two persons outside the family shall be employed in the professional residence-office.

There shall be no exterior storage of materials and no other exterior indication of the professional residence-office or variation from the residential character of the principal building.

No offensive noise, vibration, smoke, dust, odors, heat, light or glare shall be produced.

Permitted uses (as a guide) include architect, certified public accountant, chiropractor, dentist, doctor of medicine, landscape architect, land surveyor, lawyer, optometrist, professional engineer or psychologist. Uses not permitted (as a further guide) include: barbershop, beauty parlor, commercial stable or kennel, animal hospital, restaurant, tea room, group musical instruction, group dance instruction, convalescent home, mortuary, vehicle repair, appliance repair.

OPEN SPACE

That part of the lot area that is not used for buildings, parking, or service. Open space may include lawns, trees, shrubbery, garden areas, footpaths, play areas, pools watercourses, wooded areas and paved surfaces used as access drives, but not used for vehicular parking of any kind.

PARK OR RECREATION AREA

Private

Any outdoor recreation or entertainment facility operated by an organization solely for the benefit of its members and guests.

PARK OR RECREATION AREA

PUBLIC

Any outdoor recreation or entertainment facility operated as a nonprofit enterprise by the Village of Newark or any other governmental entity or nonprofit organization which is open to the general public.

PARKING SPACE

An off-street paved or surface area which, exclusive of access driveways and turning areas, is nine feet wide by 19 feet long and is accessible and available for the parking of one vehicle.

PERSONAL SERVICES

Includes barber, hairdresser, beauty parlor, shoe repair, tailor, laundry, dry cleaner, nail salon, body art, and any other businesses providing similar services of a personal nature.

PHARMACY

A business that sells pharmaceutical items, supplies, and equipment such as prescription drugs.

PLACE OF WORSHIP

Any church, synagogue, mosque, meeting house, tabernacle, temple or similar structure used for worship or religious instruction qualifying for property tax exemption by the State of New York.

POND/BODY OF WATER

Any body of water other than a man-made swimming pool that is at least two feet deep; a natural or man-made pond, lake, reservoir or other area that has a discernible shoreline.

FARM PONDA pond whose purpose is to support agricultural processes, provide fire protection, conserve a water supply, or provide flood or drainage control.

QUARRY, SAND PIT, GRAVEL PIT, TOPSOIL STRIPPING

RETENTION PONDA permanent, natural or man-made structure that provides for the temporary storage of stormwater runoff by means of a slowly dissipating pool of water.

PRINTING SERVICE

A commercial printing operation involving a process that is considered printing, imprinting, reproducing, or duplicating images and using printing methods including but not limited to offset printing, lithography, web offset, flexographic, and screen process printing.

PRIVATE CLUB

See "club, private."

PUBLIC UTILITIES

Buildings, or accessory uses of gas, electric, water, sewage, phone, internet, and television cable companies. Excludes business offices and towers.

PUBLIC-ASSEMBLY USE

Includes auditoriums, churches, temples, synagogues, tabernacles, public halls, theaters, school halls, meeting halls, fire halls, and other similar uses.

A lot or land or part thereof used for the purpose of extracting stone, sand, gravel or other aggregate or topsoil for sale, as an industrial or commercial operation, and exclusive of the process of grading preparatory to the construction of a building for which a building permit has been issued, or highway construction.

RAIL TRANSPORTATION

The use of land, buildings, and structures for purposes directly connected with rail transportation of articles, goods, and passengers.

RAILROAD YARD, SIDING AND REPAIR

An area of land, a portion of which is covered by a system of tracks, that provides for the making up of trains by railroads or private industry. Necessary functions of a railroad yard and siding include, but are not limited to, the classifying, switching, storing, assembly, distribution, consolidation, movement, repair, weighing or transferring of cars, trains, engines and rolling stock.

RECREATIONAL VEHICLE (RV)

See "trailer, camp or travel."

RECYCLING COLLECTION CENTER

An accessory use, enclosed structure or enclosed area that serves as a dropoff point for temporary storage of recyclable materials. May also include a facility for temporary collection of used clothing and household goods.

RESTAURANT

A building or structure intended or designed to be used for the sale of on-premises consumption of food and beverages (including in some cases, alcoholic beverages).

RETAIL STORE

A commercial activity designed for and characterized by the on-premises sale of goods directly to an ultimate household consumer but also including servicing, preparation, storage and wholesale business transactions related to such goods. Includes restaurants, cafes, shops and stores for the sale of retail goods, personal-service shops, department stores. "Retail store" excludes drive-up services, freestanding retail stands, gasoline service and car-repair service, new and used car sales and service, trailer and mobile-home sales and service.

ROOMING HOUSE

See "boardinghouse."

SELF-STORAGE FACILITY

A building or group of buildings consisting of individual, self-contained units leased to individuals, organizations or businesses for self-service storage of personal property.

SERVICE AREA

Includes those parts of any lot which are used primarily to provide access for servicing the use on the lot, including land used for delivery of goods, storage and collection of wastes, and provisions for maintenance.

SIGHT DISTANCE

The unobstructed line of sight along a roadway from a vehicle entering that roadway at a given point.

SIGN

Any device, structure, building or part thereof for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public, which shall display or include any letter, word, model, banner, flag, pennant, insignia or representation which is in the nature of an announcement, direction or advertisement.

FLASHING SIGNAn illuminated sign that purposefully varies in position, color, or light intensity.

ILLUMINATED SIGNA sign characterized by the use of artificial light either projecting through the surface of the sign (internally illuminated) or reflecting off the surface of the sign (externally illuminated).

SOLAR ENERGY SYSTEM

Equipment that directly converts solar energy into thermal or electrical energy.

SOLAR ENERGY SYSTEM, GROUND-MOUNTEDA system of solar panels that are mounted on the ground of the property rather than on the roof of a building.

SOLAR ENERGY SYSTEM, ROOFTOPA system of solar panels wholly contained on the rooftop of a building and designed to provide energy principally to the parcel on which the system is installed.

SOLAR ENERGY SYSTEM, ROOFTOP, COMMERCIALA system of solar panels wholly contained on the rooftop of a business/industrial building and designed to provide energy principally to the parcel on which the system is installed.

STABLE

AGRICULTURAL STABLEStructures or land used, designed or arranged for the maintenance of horses or mules used exclusively for agricultural purposes.

COMMERCIAL STABLEAny structure or land used, designed or arranged for the use, maintenance or rental of horses, mules, ponies or donkeys either with or without a bridle path or riding area. Riding instruction is included in this use.

STORAGE AREA

The temporary keeping of goods, wares, supplies or equipment either in a building ("enclosed storage") or on open land ("open storage"). Does not include the activities associated with a junkyard (see "junkyard").

OUTSIDE STORAGE, CONTRACTOR'SAny land, buildings, or structures used primarily for the storage of equipment, vehicles, machinery (new or used), building materials, paints, pipe, or electrical components used by the owner or occupant of the premises in the conduct of any building trades or building craft.

OUTSIDE STORAGE FOR COMMERCIAL USE (BULK)Goods for sale, storage or display that have a large size, mass, or volume and are not easily moved or carried (e.g., railroad ties, large feed bags, fertilizer, wood, pallets, tanks, barrels, etc.).

OUTSIDE STORAGE FOR COMMERCIAL USE (NON-BULK)Goods for sale, storage or display that are distinguished from bulk items by being small in size or volume and not requiring a mechanical lifting device to move them (e.g., bikes, outdoor furniture, lawn accessories and like items that could be moved inside at the end of a business day).

STORY

That portion of a building included between the surface of any floor and the surface of the next floor or roof above it.

STREET

A public right-of-way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, road, avenue, boulevard, lane, drive, place, alley or other similar designation, or trafficway, which affords the principal means of access to abutting properties.

STREET CENTER LINEA line midway between and parallel to two opposing property lines that abut a street, or a line as established by the Village Planning Board.

STREET FRONTAGEThose lot lines that abut a street.

STREET GRADEThe officially established grade of the street a lot sits on. If no grade has been officially established, the existing grade of the street will be considered as the street grade.

TELECOMMUNICATIONS ANTENNA

STREET LINEThe right-of-way of a street as dedicated by a deed or record.

STRUCTURE

Anything constructed or erected with a fixed location on the ground, supported by the ground or attached to something having a fixed location on the ground.

SWIMMING POOL

Any structure used to hold a body of water at least 24 inches deep that is used for swimming, bathing or wading and is installed or constructed above or below ground.

Any structure or device operated for commercial purposes to collect or radiate electromagnetic waves, including but not limited to directional antennas, such as panels, microwave dishes, and satellite dishes, and omnidirectional antennas, such as whip antennas, which are located on the exterior of, or outside of, any building, or structure.

TELECOMMUNICATIONS TOWER

A tower, pole, or similar structure that supports a telecommunications antenna operated for commercial purposes above ground in a fixed location, freestanding, guyed, or on a building or other structures.

THEATER

A building or portion of a building devoted to public showing of motion pictures or the performing of plays.

DRIVE-IN THEATERAn open lot, with appurtenant facilities and structures, devoted primarily to showing motion pictures or theatrical productions on a paid-admission basis, usually to patrons seated in automobiles or on outdoor seats.

TRAILER

BOAT OR CARGO TRAILERA vehicle designed exclusively for the transportation of one boat or the hauling of cargo.

TRANSPORTATION TERMINAL/HUB

CAMP OR TRAVEL TRAILERA vehicle or portable structure equipped, but not regularly used for, sleeping which may or may not have sanitary facilities; a recreational vehicle.

A facility where people transfer from one mode of vehicular transportation to another or between carriers within the same mode. Such carriers shall have regularly scheduled routes, and may include vans, trains, ships, tour buses or boats, or other types of transportation. Passenger terminals may include ticket counters, waiting areas, management offices, baggage handling facilities, and shops and restaurants. Street bus stops are not included in this definition.

TREE, SHADE

Includes trees, such as maple, oak, sycamore, plane, fir, spruce, hemlock, birch ash, hackberry, tulip, maidenfern, linden, locust, alder, dogwood, magnolia, willow, chestnut, hawthorn trees, which are at least 10 feet in height, and at least two inches in diameter measured at a point six inches above the finished grade level.

USE

The specified purpose for which land, structure, or a building is designed, arranged, intended, or for which it is or may be occupied or maintained.

ACCESSORY USEA use subordinate and related to the principal use of a lot, or of the principal building or structure on the same lot, and serving a purpose clearly incidental to the permitted principal use of the lot or of its principal building, including parking and swimming pools.

NONCONFORMING USEThe use of a lot, building or structure on the date of passage of local law that does not now conform to the provisions of local law.

NONRESIDENTIAL LAND USEAll uses of land and buildings, except one-family dwellings, two-family dwellings and multiple-family dwellings.

PERMITTED USEAny use specifically allowed in the district, excluding illegal uses and nonconforming uses.

PRINCIPAL USEThe primary or principal purpose for which land, structure, or a building is designed, arranged or intended to be used, or for which it is, or may be, occupied or maintained. "Permitted use" does not include any nonconforming use.

RESIDENTIAL USEIncludes one-family dwellings, two-family dwellings, multiple-family dwellings, professional residence-offices, and associated or other uses as permitted in R-1, R-2 and R-3 Districts.

VARIANCE

Written authority approved by the Zoning Board of Appeals authorizing a deviation from the regulations of this chapter. In specific:

AREA VARIANCEPermits deviation from strict compliance with the dimensional requirements of the zoning regulations, as long as Zoning Local Law permits the intended use of the premises.

WIND ENERGY CONVERSION SYSTEM

USE VARIANCEPermits a use of the land not permitted in the Zoning Local Law.

VEHICLE BODY SHOP

Any building or portion thereof used for the repair or straightening of a motor vehicle body or frame or painting of motor vehicles. Maintenance, service, and engine repair may be performed as an ancillary function of the body work.

VEHICLE REPAIR SHOP

A building or portion of a building that is arranged, intended or designed to be used for making repairs to motor vehicles (cars, trucks, motorcycles, recreational vehicles, trailers, tractors, mobile homes and boats) for compensation.

VEHICLE SALES AREA

A building or outside area specifically used to display vehicles available for immediate sale (cars, trucks, motorcycles, recreational vehicles, trailers, tractors, mobile homes and boats).

WAREHOUSE

A business whose principal activity is the storage of merchandise or materials for others, includes wholesale establishments, discount houses, bulk storage and bulk sales outlets.

WATER RECREATION

Recreational activities that take place on or in the water.

WATERCOURSE

Any natural stream of water flowing in a definite course or channel and possessing a bed and banks. The flow of water may not be continuous throughout the year.

WATERCRAFT

A boat or other vessel that travels on water.

WATERCRAFT REPAIR SHOP

A building or portion of a building that is arranged, intended or designed to be used for making repairs to watercraft for compensation.

WATERCRAFT SALES AREA

A building or outside area specifically used to display watercraft available for immediate sale.

WILDLIFE REFUGE

Includes bird sanctuaries, zoos, forest reserves, game reserves, botanical gardens.

A device that converts wind energy to electrical energy in sufficient voltage and amperage to power home, farm or business machines or appliances.

COMMERCIAL WIND ENERGY CONVERSION SYSTEMA wind energy conversion system that is the prime use on a parcel, providing electrical power for use off site.

NONCOMMERCIAL WIND ENERGY CONVERSION SYSTEMA wind energy conversion system that is incidental and subordinate to another use on the same parcel, supplying electrical power to a business that is the parcel's principal use.

WOODWORKING SHOP

A business whose principal activity is making items from wood and includes cabinet making (cabinetry and furniture), woodcarving, joinery, carpentry and woodturning.

YARD

An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard to determine the width of a side yard, the depth of the front yard or the depth of the rear yard, the minimum horizontal distance between the lot line and the main building shall be used.

FRONT YARDThe yard space extending across the entire width of the lot, between the front lot line and the front line of the principal building. The depth of the front yard is measured between the front lot line of the building and the street line. Covered porches are considered as part of the principal building.

REAR YARDThe yard between the rear lot line and the rear of a building extended to the side lot lines of the lot. The depth of the rear yard is measured between the rear lot line and the rear line of the building.