City of Schenectady, NY Article II Definitions

§ 264-2 Definitions.

For the purpose of this chapter, certain terms, words and phrases are herein defined.

A. Word usage. In the interpretation of this chapter, the provisions and rules of this subsection shall be observed and applied, except where the context clearly requires otherwise. Words used or defined in one tense or form shall include other tenses. Words in the singular number shall include the plural. The word "shall" is mandatory and not discretionary. The word "may" is permissive.

B. Words defined. When used in this chapter, the following terms shall have the meanings herein ascribed to them:

ACCESSORY STRUCTURE OR USE

A structure or use that is subordinate to and serves a principal building or a principal use; is subordinate in area, extent and purpose to the principal structure or principal use served; contributes to the comfort, convenience or necessity of the occupants, business or industry in the principal structure or principal use served; and is located on the same lot as the principal structure or principal use served, except as otherwise expressly authorized by the provisions of § 264-29 of this chapter.

APARTMENT HOUSE

See "dwelling, multiple-family."

ARENA

A large open or enclosed place used for sporting and entertainment events and partly or completely surrounded by tiers of seats for spectators. Also known as "stadium."

ART GALLERY

A structure or building utilized for the display and sale of artwork.

ARTIST STUDIO

A workshop or workroom for the creation of fine art and crafts such as painting, sculpturing, photography, or other handmade pieces of art. The space may include a residential unit and it may also include teaching area for small groups of 10 or less.

AUTO BODY REPAIR

Body repair and frame straightening, painting, and undercoating of motor vehicles.

[Added 9-12-2011 by Ord. No. 2011-15]

BANQUET FACILITY

An establishment that is rented by individuals or groups to accommodate private functions (e.g., banquets, weddings, anniversaries, etc.). May or may not include: 1) kitchen facilities for the preparation or catering of food; 2) the sale of alcoholic beverages for on-premises consumption, only during scheduled events and not open to the general public; and 3) outdoor gardens or reception facilities.

[Added 2-13-2023 by Ord. No. 2023-02]

BAR

An establishment used primarily for the serving of alcoholic beverages by the drink to the general public and where food may be served or sold only as accessory to the primary use. Also known as "cocktail lounge," "nightclub," "tavern."

BASEMENT

The space of a building that is partly below grade which has more than half its height, measured from floor to ceiling, above the average established curb level or finished grade of the ground adjoining the building.

BED-AND-BREAKFAST

A building containing a single dwelling unit in which sleeping rooms are provided by the owner/occupant as overnight/lodging facilities for the accommodation of transient guests and include a single daily meal.

BOARDINGHOUSE

A dwelling where meals and lodging are provided for compensation for between four to 15 persons who are not transients, by prearrangement for definite periods.

BUILDING

A structure wholly or partially enclosed within exterior walls or within exterior or party walls and a roof, affording shelter to persons, animals or property.

BUILDING CODE

The Building Code of the City of Schenectady.

BUILDING FRONT

The portion of the building that corresponds to the legal property address.

BUILDING, HEIGHT OF

The vertical distance from the grade to the highest point on the coping of a flat roof or to the deckline of a mansard roof or to the average height of the highest gable of a pitched or hip roof.

BUILDING, PRINCIPAL

A building in which is conducted the main or primary use of the lot on which said building is situated.

BULK

A term used to describe the size, volume, area and shape of buildings and structures and the physical relationship of their exterior walls or their location to lot lines, other buildings and structures or other walls of the same building and all open spaces required in connection with a building, other structure or tract of land.

BUSINESS INCUBATOR

A facility or building, or portion thereof, that has a floor area of a minimum of 10,000 square feet and a lot area of 20,000 square feet which houses a variety of a small entrepreneurial businesses. Businesses may include retail, wholesale, office, service, professional, research, assembly, warehousing or manufacturing.

BUSINESS OFFICE

A room, wing or detached building housing the office of a service or sales agency, not engaged in the manufacture or sale of goods, and wherein no storage space for merchandise is permitted.

CAR WASH

An area of land and/or a building with machine- or hand-operated facilities used principally for the cleaning, washing, polishing, or waxing of motor vehicles.

CELLAR

That space of a building that is partly or entirely below grade, which has more than half of its height, measured from floor to ceiling, below the average established curb level or finished grade of the ground adjoining the building.

CHARTER AND TOUR BOAT OPERATION

Any boating operation under the command of a licensed captain, which offers hourly trips, day trips and/or night trips to the public for a fee.

CHURCH

See "religious institution."

COMBINED PARKING

Two or more land uses or a multitenant building that merge parking needs to gain a higher efficiency in vehicular and pedestrian circulation, economize space, reduce impervious surface and/or result in a superior grouping of building(s).

COMMUNITY CENTER

A not-for-profit or publicly owned facility providing recreational programs and meeting rooms that are open to the public and designed to accommodate and serve significant segments of the community.

CONDOMINIUM

Multiple dwelling or development containing individually owned dwelling units and jointly owned and shared areas and facilities. A dwelling or development is not a condominium unless the undivided interests in the common elements are vested in the unit owners.

CONTIGUOUS

Next to, abutting or touching and having a boundary, or portion thereof, which is common or coterminous.

CONVENIENCE STORE

A small retail store that is open long hours and that typically sells staple groceries and snacks.

COVERAGE

That percentage of the land area covered by the combined area of all buildings and structures on that portion of the lot within the same zoning district as the main building.

CULTURAL FACILITIES

Establishments utilized for the display of exhibits of historic, educational or cultural nature which are not operated commercially on a for-profit basis. Also known as "museums."

DAY-CARE CENTER

A place or premises certified or approved by New York State and providing daytime care or instruction for five or more children or adult seniors away from their own homes for more than three but less than 24 hours per day, by an individual, association, corporation, institution or agency. The term "day-care center" includes nursery school and adult senior day care.

DECK

A roofless outdoor space built as an aboveground platform projecting from the wall of a principal building or accessory structure.

DOCK

A structure built over or floating upon the water and used as a landing place for boats and other marine transport, fishing, swimming, and other recreational uses.

DORMITORY

A dwelling maintained for members affiliated with an academic or professional college, university or other institution of higher learning where meals may be served and long-term lodging is provided. This term shall also be interpreted to include fraternity and sorority houses.

DRIVE-IN ESTABLISHMENT

An establishment which, by design of physical facilities or by service or packaging procedures, encourages or permits customers in vehicles to receive a service or obtain a product.

DRIVEWAY

A private roadway providing access for vehicles to a parking space, garage, dwelling, or other structure.

DWELLING

Any building or portion thereof used and occupied for human habitation or intended to be so used.

DWELLING, ATTACHED SINGLE-FAMILY

A residential dwelling designed for and occupied by one household only that is located on its own lot and shares one or more common or abutting walls with one or more dwelling units. An attached single-family dwelling does not share common floor/ceilings with other dwelling units. Also known as "townhouse," "rowhouse."

DWELLING, MULTIPLE-FAMILY

A dwelling designed for or occupied by more than two families and containing three or more dwelling units.

DWELLING, SINGLE-FAMILY

A dwelling designed for and occupied by not more than one family, detached from any other dwelling, and containing one dwelling unit.

DWELLING, TWO-FAMILY

A building designed for or occupied exclusively by two families and containing two dwelling units on one lot.

DWELLING UNIT

Any room or group of rooms located within a building forming a single habitable unit space with facilities which are used or intended to be used for living, sleeping, cooking, eating and sanitation by one family.

ELECTRIC VEHICLE CHARGING

The use of an electric vehicle charging station by which electric vehicles are "fueled" through the transfer of electricity into the vehicle battery.

[Added 12-14-2015 by Ord. No. 2015-20]

ELECTRIC VEHICLE CHARGING STATION

A system for the charging of an electric vehicle. Components typically include a charging kiosk and transformer.

[Added 12-14-2015 by Ord. No. 2015-20]

ENTERTAINMENT FACILITY

Any establishment that is operated, maintained, or devoted to amusement of the general public, whether privately or publicly owned, where entertainment is offered by the facility. Entertainment facilities shall include, but not be limited to, the following: arenas, theaters, bowling alleys, billiard parlors, video arcades, skating rinks, batting cages, and miniature golf courses. Entertainment facilities shall not include adult entertainment businesses, bars, taverns, pubs, golf courses, or parks.

FAMILY

(1) One, two, three, or four persons occupying a dwelling unit and living as a single housekeeping unit with kitchen facilities and other rooms used in common.

(2) Five or more persons occupying a dwelling unit and living together as a traditional family or the functional equivalent of a traditional family.

(a) It shall be presumptive evidence that five or more persons living in a single dwelling unit who are not related by blood or marriage or legal adoption do not constitute the functional equivalent of a traditional family.

(b) In determining whether individuals are living together as the functional equivalent of a traditional family, the following criteria must be present:

[1] The group is one which in theory, size, appearance, structure and function resembles a traditional family unit which may include bona fide domestic servants employed at the premises on a full-time basis, and/or in an owner-occupied dwelling up to three roomers, boarders, or lodgers may be permitted, provided that all local and state housing and building codes are complied with.

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

[3] The group shares (excluding bona fide domestic servants or an owner-occupied unit which may have up to three roomers, boarders, or lodgers) expenses for food, rent, or ownership costs, utilities and other household expenses.

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

[a] The presence of minor dependent children regularly residing in the household who are enrolled in local schools.

[b] Members of the household use the same address for purposes of voter registration, driver's licenses, motor vehicle registration, filing taxes.

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

[d] Common ownership of furniture, furnishings and appliances among members of the household.

[e] The group is not transient or temporary in nature.

[5] Any other factor reasonably related to whether or not the group is the functional equivalent of a family.

FAMILY-CARE HOME

A residence operated by a nonprofit child-care agency that is licensed by the State of New York with an occupancy limit of not more than six minors under the age of 21 years who for various reasons cannot reside in their natural home. Every family-care home is headed by agency-approved staff and functions as a single housekeeping unit.

FENCE

A freestanding structure designed to restrict movement across a boundary.

FENCE, ORNAMENTAL

A designed open fence, or open fence mounted on a brick or stone wall, that contributes to the identification and beauty of the principal use and is made of material that typically is not found in security structures, such as chain link. The wall portion may not exceed two feet in height.

FLOOR AREA

The sum of the gross horizontal areas of the several floors of a building, measured from the exterior faces of the exterior walls or from the center line of a wall separating two buildings. The floor area of a building shall exclude stairwells and elevator shafts at each floor; floors or parts of floors devoted exclusively to vehicular parking or loading; and all floors below the first or ground floor, except when used for or intended to be used for service to the public as customers, patrons, clients, patients or tenants.

FLOOR AREA, GROSS

The sum of the horizontal areas of the several stories of the building or buildings, measured from the exterior faces of exterior walls or, in the case of a common wall separating two buildings, from the center line of such a common wall and including any enclosed porch or one having a roof and capable of being enclosed.

FRONTAGE

The length of the property line of any one lot parallel to the building front.

GARAGE, PARKING

A structure or portion of a building or structure intended to be used for the multilevel parking of motor vehicles.

GARAGE, PORTABLE

An accessory structure made of a frame and opaque pliable exterior covering for the seasonal coverage of a boat, automobile or trailer.

GARAGE, PRIVATE

A building or portion of a building housing motor-driven vehicles of which no commercial vehicle so housed shall exceed a one-ton capacity. Garages may have no more than four stalls in the R-1 and R-2 Districts unless otherwise restricted.

[Amended 3-23-2009 by Ord. No. 2009-02]

GARAGE, STORAGE

Any building or premises used for housing only of motor-driven vehicles pursuant to previous arrangements and not to transients and at which automobile fuels and oils are not sold and motor-driven vehicles are not equipped, repaired, hired or sold.

GASOLINE SERVICE STATION

Any building, land area or other premises or portion thereof used or intended to be used for the retail dispensing or sales of motor vehicle fuels, which activity is accompanied by accessory uses, such as sales of lubricants, tires, accessories or supplies and minor motor vehicle repairs. See § 264-106.

GASOLINE STATION

Any facility that dispenses gasoline to a vehicle for consumption in that vehicle; often accompanied by a convenient store.

GOLF COURSE

A tract of land laid out for at least nine holes for playing the game of golf and improved with tees, greens, fairways, and hazards. A golf course may have accessory uses such as a tennis court, swimming pool, parking lot, driving range, clubhouse, restaurant, or meeting hall and maintenance buildings which is located on a lot under common ownership with a lot where a golf course is located.

GOLF COURSE, MINIATURE

A tract of land laid out for playing miniature golf where all holes are separated by barriers and the only clubs used on the course are putters.

GOVERNMENT AGENCY

Any department, commission, independent agency, or instrumentality of the United States, New York State, Schenectady County, the City of Schenectady and other incorporated or unincorporated municipality, authority, district or other governmental unit.

GRADE

(1) For buildings or structures more than 15 feet from any street line, the average level of the finished surface adjacent to the building or structure.

(2) For buildings or structures any portion of which is located within 15 feet of a street line or lines, the average of the curb levels or their equivalent established ground surface adjacent to such street line or lines.

GROUP RESIDENCE

A use licensed by the State of New York which provides residential services and supervision for more than four but not more than 16 individuals who need not be related to the resident house parents or supervisors and who are in need of adjustment or rehabilitation: developmentally disabled; mentally retarded; mentally ill; aged; handicapped; or children in need of adult supervision.

HEIGHT

See "building, height of."

HOME OCCUPATION

A business, profession, occupation or trade conducted for gain or support entirely within a residential building or a structure accessory thereto, which is incidental and secondary to the use of such building for dwelling purposes and which does not change the essential residential character of such premises.

HOSPITAL

An institution providing health services and medical or surgical care, primarily to temporary inpatients. As an integral part of the institution, other facilities are included, such as laboratories, outpatient facilities or training facilities. It does not include permanent care facilities or nursing homes.

HOSPITAL, ANIMAL OR VETERINARY CLINIC

An establishment where a full range of medical services are provided to small and/or large animals by one or more veterinary doctor and staff. This use shall be deemed to include, as necessary for treatment or observation, and may include overnight animal boarding.

HOTEL

A building or group of buildings or any part thereof containing rooms which are provided or offered for sleeping purposes to transient guests for compensation. Related ancillary uses may include but shall not be limited to conference and meeting rooms, restaurants, bars, and recreational facilities. A hotel shall not include motels.

IMPERVIOUS SURFACE

Any hard-surfaced, man-made area that does not readily absorb or retain water, including but not limited to building roofs, parking and driveway areas, sidewalks, patios and paved recreation areas. Decks that are open to the sky, that allow water to travel through to the ground are not considered impervious.

IMPERVIOUS SURFACE COVERAGE

The percentage of the area of a lot that is covered by impervious surface.

INN

A building containing a single dwelling unit in which more than four sleeping rooms are provided by the owner/occupant for compensation, for the accommodation of transient guests, with or without meals. Inns may have regularly scheduled commercial indoor or outdoor activities such as weddings/receptions/showers, business meetings, catered events, etc., with the issuance of special use permit based on individual project review by the Planning Commission.

INSTITUTION

A nonprofit, religious or public use, such as a church, library, public and private school, university or college, hospital, or government-owned or -operated building, structure or land used for public purpose.

JUNKYARD

A lot, land or structure, or part thereof, used for the purchase, collection, storage, recycling or sale of wastepaper, rags, scrap metal or other scrap or discarded goods, materials, machinery or vehicles.

KENNEL

Any building or lot on which six or more domesticated animals, more than four months of age, are housed, groomed, bred, boarded, or trained.

[Amended 3-23-2009 by Ord. No. 2009-02]

LIGHT MANUFACTURING

A use engaged in the basic processing and manufacture predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales, and distribution of such products, but excluding basic industrial processing.

LOT

A parcel of land that has a distinct tax identification number. Also known as "plat," "tract," and "parcel."

LOT, CORNER

A lot abutting on two or more streets at their intersection.

LOT COVERAGE

The ratio obtained by dividing the ground floor area of all principal and accessory buildings (including covered porches, carports, patios and breezeways but excluding open decks) on a lot by the total area of the lot upon which the buildings are located.

LOT DEPTH

The mean horizontal distance between the front and rear lot lines.

LOT, INTERIOR

A lot other than a corner lot.

LOT LINES

The lines bounding a lot as defined herein.

LOT, THROUGH

An interior lot having frontage on two streets.

LOT WIDTH

The mean width of a lot measured at right angles to its depth.

MANUFACTURING

A use engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the creation of products, and the blending of materials.

MARINA

A facility located on a parcel within 500 feet of a navigable waterway for storing, servicing, fueling, berthing and/or securing boats and may include eating, sleeping and retail facilities for owners, crew, and guests.

MATERIAL RECOVERY/TRANSFER CENTER

A building or parcel in which used material is batched into shipping containers or separated and processed prior to shipment to others who will use or dispose of these materials.

MEAT PROCESSING

The process of preparing livestock, wild game, or poultry to be packaged for sale; does not include slaughtering.

[Added 9-12-2011 by Ord. No. 2011-15]

MEAT SLAUGHTERING

The process of killing livestock, wild game, or poultry.

[Added 9-12-2011 by Ord. No. 2011-15]

MEDICAL AND DENTAL CLINICS

A place where medical or dental care is furnished to persons on an outpatient basis by one or more doctors or dentists. A clinic may include laboratory facilities in conjunction with normal clinic services.

MEDICAL HOSPITALITY HOUSE

A residential building owned and operated by a not-for-profit organization for the purpose of providing temporary housing, at no charge, to individuals who have minors or other immediate family members admitted overnight to a hospital, as defined by New York State Public Health Law Article 28, so as to enable the individuals to remain close to the patients during their receipt of medical care. Such buildings shall have no more than 12 bedrooms and shall, wherever possible, be developed in existing buildings, including single-family residences, as an adaptive reuse of such existing residences. The exterior appearance of the medical hospitality house shall not deviate substantially from the appearance of the other existing buildings in the neighborhood. All medical hospitality houses shall be located within 150 feet of a medical facility, such as a hospital or rehabilitation facility, as measured from their closest respective property lines.

[Added 3-11-2013 by Ord. No. 2013-07]

MIXED USE

The development of a tract of land, building, or structure with a variety of complementary and integrated uses, such as, but not limited to, residential, office, manufacturing, retail, public, or entertainment.

MOTEL

A building or group of detached or connected buildings designed or used primarily for providing transient sleeping accommodations where each accommodations unit maintains a separate outside entrance and has a parking space conveniently located near each unit entrance.

MOTOR VEHICLE REPAIR AND DETAILING

General repair and incidental replacement of parts, motor service and installation of after-market products to passenger automobiles and trucks not exceeding 1 1/2 tons' capacity, rebuilding or reconditioning of engines, motor vehicles or trailers, but not including any operation included in the definition of "auto body repair."

[Added 9-12-2011 by Ord. No. 2011-15[1]]

NIGHTCLUB

An establishment primarily engaged in the sale and service of beverages for on-premises consumption and the providing of musical entertainment, singing, dancing or other forms of amusement and entertainment, with the sale or service of food being incidental and accessory thereto. Such establishment may also have one or more of the following characteristics: age restrictions, cover charges, charges for admission, disc jockeys, jukeboxes, amplified sound systems, live entertainment and the like; the hours of operation extended beyond the normal dinner hours. The term "nightclub" includes the term "cabaret" and "disco." A cabaret, disco or nightclub shall not include a restaurant as defined herein or any form of bar or tavern.

NONCONFORMING BUILDING OR STRUCTURE

Any building or structure, including a sign, lawfully existing on the effective date of this chapter or any amendment to it rendering such building or structure nonconforming, which:

[Amended 3-23-2009 by Ord. No. 2009-02]

(1) Does not comply with all of the regulations of this chapter or any amendment hereto governing parking or bulk requirements for the district in which such building or structure is located;

(2) Is located on a lot which does not or is so located on a lot as not to comply with the yard requirements for the district in which such building or structure is located; or

(3) Both Subsections (1) and (2) above, unless otherwise defined as a "nonconforming use."

NONCONFORMING USE

A building, structure or use of land existing at the time of the effective date of this chapter or amendment thereto and which does not conform to the use regulations of the district in which it is situated. A "nonconforming use" shall include any building containing one or more dwelling units in addition to the number permitted by the district regulations where such building is located. Also see "nonconforming building or structure."

NURSING HOME

An establishment providing full-time convalescent or chronic care, or both, for three or more individuals who are not related by blood or marriage to the operator and who, by reason of advanced age, chronic illness or infirmity, including alcoholism, mental illness and drug-related illness, are unable to care for themselves. This definition includes hospices, convalescent homes and homes for the aged. Does not include care for the acutely ill or surgical or obstetrical services.

PARKING AREA

An open, unoccupied space used or required for use for parking of automobiles or other private vehicles exclusively and in which no gas or automobile accessories are sold or no other business is conducted.

PARKING AREA, ANCILLARY

A parking area which is secondary to a principal use not situated on the same lot as such parking area, which is not operated as a separate commercial enterprise available to the public at large and which is created to provide part of the required parking for the principal use.

PARKING SPACE, OFF-STREET

A space adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room.

PATIO

A level surfaced area adjacent to a principal building which has an average elevation of not more than 30 inches and without walls or a roof. A patio may be constructed of any materials.

PERSON

Any individual or group of individuals, corporation, partnership, association or other entity.

PRIVATE CLUB OR LODGE

A building and related facilities owned or operated by an Internal Revenue Code Section 501(c) nonprofit organization for social, educational, fraternal, sororal or recreational purposes of members regularly paying dues, but not primarily for profit nor to render a service which is customarily carried on as a business. Also known as a "social club."

[Amended 2-13-2023 by Ord. No. 2023-02]

PROFESSIONAL OFFICES

The use of offices and related spaces for such professional services that are provided by accountants, attorneys, architects, dentists, engineers, insurance agents, physicians, psychiatrists, real estate brokers, teachers and similar professions. A professional office does not include clinics.

RECREATIONAL FACILITIES, COMMERCIAL

Any establishment whose main purpose is to provide the general public with an amusing or entertaining activity and where tickets are sold or fees are collected for the activity.

RECREATIONAL FACILITIES, PUBLIC

Publicly owned recreational facilities such as, but not limited to, golf courses, tennis courts and swimming pools.

RELIGIOUS INSTITUTION

An institution that people regularly attend to participate in or hold religious services, meetings, and other activities. This definition also includes the terms "church," "house of worship," "synagogue," "temple," and "mosque."

RENOVATION

The repair, preservation, and/or improvement of a substandard structure. Also known as "rehabilitation."

RESEARCH AND DEVELOPMENT FACILITIES

A building or portion of a building in which are located facilities for scientific research, investigation, testing, or experimentation, but not facilities for manufacturing or sales of products.

RESTAURANT

A business enterprise engaged in preparing and serving food and beverages selected from a full menu by patrons seated at a table or counter, served by a waiter or waitress and consumed on the premises. See also "restaurant, fast-food."

RESTAURANT, FAST-FOOD

A business establishment which sells food, frozen deserts and/or beverages selected by patrons from a limited line of prepared specialty items. Items are ready to consume within the restaurant building or on the premises in designated areas. Items may also be carry-out and consumed off the premises.

RETAIL SALES AND SERVICE

Establishments engaged in selling goods, services or merchandise to the general public for personal and household consumption and rendering services incidental to the sale of such goods. This definition does not include drive-in service facilities.

SCHOOL, PRIVATE

An educational institution not operated by a public school district but furnishing a comprehensive curriculum of academic instruction similar to that of a public school.

SCHOOL, PUBLIC

An educational institution operated by a public school district under the laws of the State of New York.

SELF-SERVICE STORAGE WAREHOUSE

Any building or group of buildings on a single parcel made of individual storage compartments, which are rented or leased to individuals or businesses for storage of nonhazardous materials, personal property and equipment.

SHARED PARKING

Two or more land uses or a multitenant building that merges parking needs based on different operating hours to gain a higher efficiency in vehicular and pedestrian circulation, economize space, reduce impervious surface and result in a superior grouping of building(s).

SHOPPING CENTER

A group of three or more retail establishments sharing a common site and/or having either common walls or a common roof structure.

SOLAR ENERGY SYSTEM

An energy system which directly uses solar radiation to produce space heating, cooling, hot water or electricity through the process of collecting solar radiation, converting it to another form of energy, storing the converted energy, protecting against unnecessary dissipation and distributing the converted energy. This shall include both active and passive solar energy systems.

STORAGE, OUTDOOR

The keeping, in an unenclosed area, of any goods, material and merchandise in the same place for more than 24 hours.

STORY

That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and ceiling or roof above.

STORY, HALF

A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level and in which space not more than 2/3 of the floor area is finished off for use.

STREET LINE

A dividing line between a lot, tract or parcel of land and a municipal right-of-way.

STREET WALL

The wall or part of the building or buildings on a block, nearest and parallel to the street line.

STRUCTURAL ALTERATION

Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders or any substantial change in the roof.

STRUCTURE

That which is built or constructed or any piece of work artificially built up or composed of parts joined together in some definite manner, the use of which requires more or less permanent location on the ground or which is attached to something having a permanent location on the ground.

SUBSTANTIAL IMPROVEMENT

Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:

(1) Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or

(2) Any alteration of a structure listed on the National Register of Historic Places or the State Register of Historic Places.

SWIMMING POOL

If any portion of a pool has a depth greater than 24 inches of water when full, such pool shall be classified as a "swimming pool."

TOURIST HOME

A single-family dwelling where overnight and transient guests are lodged for compensation. One to five guests may be accommodated, and the fee may include one or more meals. This use shall always be accessory to a dwelling's occupancy by a family. Also known as "lodging house."

TOWNHOUSE

A one-family dwelling unit, with a private entrance, which is part of a structure whose dwelling units are attached horizontally in a linear arrangement, and having a totally exposed front and rear wall to be used for access, light, and ventilation. See also "dwelling, attached single-family."

[Amended 3-23-2009 by Ord. No. 2009-02]

TRANSPORTATION SERVICES, ACCESSORY

Establishments furnishing services incidental to transportation, such as forwarding and parking services and the arranging of passenger or freight transportation.

TRANSPORTATION SERVICES, LOCAL

Establishments primarily engaged in furnishing local and suburban passenger transportation, including taxicabs, passenger transportation charter service, school buses and terminal and service facilities for motor vehicle passenger transportation.

TRUCKING TERMINAL

An area and building where trucks load and unload cargo and freight and where the cargo and freight may be broken down or aggregated into smaller or larger loads for transfer to other vehicles or modes of transportation. The terminal facility may include storage areas for trucks and buildings or areas for the repair of trucks associated with the terminal.

USE

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

UTILITY

An essential service, such as sanitary or storm sewer, water supply, gas, electricity or telephone services, including the transmission of said service, but excluding administrative functions related to this service.

VIDEO RENTAL SHOP

A business specifically limited to the rental and sale of videos for home viewing, rental of video viewing equipment, and sale of accessory equipment (i.e., blank media, dust covers, cleaners). This does not include the sale of electronic equipment.

VOCATIONAL SCHOOL

A secondary or higher education facility primarily teaching usable skills that prepare students for jobs in a trade and meeting the New York State requirements as a vocational facility. Also known as "trade school."

WAREHOUSING

A use engaged in storage and distribution of manufactured products, supplies, and equipment.

WASTE INCINERATOR

An engineered apparatus capable of withstanding heat and having as its purpose the efficient thermal oxidation and/or conversion of combustible waste material into noncombustible residues (ash) and product gases. Combustible waste materials shall include but not be limited to the following: refuse, medical waste, hazardous waste, industrial sludge, tires, refuse-derived fuel.

(1) ACCESSORY USE Any existing or proposed waste incinerator which burns 50% or more quantity by weight generated on the parcel where the incinerator is located.

(2) PRINCIPAL USE Any existing or proposed waste incinerator which burns at least 50% or more quantity by weight, generated at locations off site and transported to the incinerator site for incineration. A waste incinerator shall not be deemed to be a principal use where a reciprocal agreement to take waste from other generators causes that incinerator to temporarily burn in excess of 50% quantity by weight of waste material generated off site, provided that this condition does not occur more than 30 days in any one calendar year.

WATER-DEPENDENT USE

An activity which requires a location in, on, over, or adjacent to the water because the activities require direct access to water and the use of water is an integral part of the activity. Examples of water-dependent uses include public and private marinas, yacht clubs, boat yards, commercial and recreational fishing facilities, waterborne commerce, ferries, marine educational or laboratory facilities, and water-related public and quasi-public utilities.

WATER-ENHANCED OR WATER-RELATED USES

Uses that have no critical dependence on obtaining a waterfront location but in which the profitability of the use and/or the enjoyment level of the users is increased significantly when it is adjacent or has visual access to the waterfront.

WHOLESALE SALES AND DISTRIBUTION

Establishments primarily engaged in selling merchandise to retailers, to industrial, commercial, institutional, or professional business users, to other wholesalers, or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.

YARD

An open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise permitted by this chapter. In measuring a "yard" for purposes of determining the required width of a side yard, the required depth of a front yard or the required depth of a rear yard, the minimum horizontal distance between the lot line and main building shall be used.

YARD, FRONT

A front yard shall be the side of the lot of the legal address of record of the principal building. It is the yard extending across the street side of a lot measured between the side lot lines and between the minimum horizontal distance between the street line and the principal building or any projection thereof, other than steps, unenclosed balconies and unenclosed porches, except as otherwise provided in this chapter.

YARD, REAR

A yard extending across the rear of a lot measured between the rear lot line and the rear of the main building or any projection thereof, other than steps, unenclosed balconies or unenclosed porches, except as otherwise provided in this chapter. On both corner lots and interior lots, the "rear yard" shall, in all cases, be at the opposite end of the lot from the front yard.

YARD, SIDE

A yard between the building and side line of the lot which shall be considered to extend from the required rear yard to the required front yard.

ZONING MAP

A map or series of maps adopted by the City Council pursuant to the requirements of New York State General City Law § 20 which divide the City into districts established in this chapter.

[1] Editor's Note: This ordinance also repealed the former definitions of "motor vehicle repair, major" and "motor vehicle repair, minor."