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.
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 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.
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 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]
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.
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 USEAny existing or proposed waste incinerator which burns 50% or more quantity by weight generated on the parcel where the incinerator is located.
(2)
PRINCIPAL USEAny 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.