Village of Menands, NY Definitions

Is subordinate to and serves a principal building or principal use.

Is subordinate in area, extent and purpose to the principal structure or principal use served.

ADULT PHYSICAL CONTACT ESTABLISHMENT

Is located on the same lot as the principal structure or principal use served, except as otherwise expressly authorized by provisions stated in this chapter.

Any establishment which offers or purports to offer massage or other physical contact to patrons of either gender by employees or staff of either gender. Medical offices, offices of persons licensed or authorized under the Education Law to practice massage therapy, offices of persons licensed or otherwise authorized by the Education Law as physical therapists or physical therapist assistants, and electrolysis, karate, judo, and dance studios are not to be considered adult physical contact establishments under this section.

ADULT USE BUSINESS

Any business which:

Is the use of land, structure, or location for an adult entertainment business or as an adult physical contact establishment as herein defined; or

Is any use of land, structure or location which, by the provisions of the Penal Law, is required to restrict the access thereto by minors; or

ADULT-ORIENTED BUSINESSES

Is an establishment, location, building, or structure which features topless dancers, nude dancers or strippers, male or female; or

(4)

Is a location, building or structure used for presenting, lending, or selling adult paraphernalia, adult toys, motion-picture films, videocassettes, cable television or any other such visual media, or used for presenting, lending, or selling books, magazines, publications, photographs, or any other materials distinguished or characterized by an emphasis on matter depicting, describing, or relating to specific sexual activities or specific anatomical areas as defined below.

Includes adult bookstores, adult video stores, adult motion-picture theaters, adult mini motion-picture theaters, adult cabarets, and adult drive-in theaters, which shall be defined as follows:

ADULT BOOKSTOREAn establishment having as a substantial or significant portion of its stock-in-trade adult paraphernalia, adult toys, books, magazines, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specific sexual activities or specific anatomical areas as defined below.

ADULT VIDEO STOREAn establishment having as a substantial or significant portion of its stock-in-trade adult paraphernalia, adult toys, video films, videocassettes or other films for sale or rental which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specific sexual activities or specific anatomical areas as defined below.

BANK, FINANCIAL INSTITUTIONS

ADULT MOTION-PICTURE THEATERA building with a capacity of 50 persons or more used for presenting material distinguished or characterized by its emphasis on matter depicting, describing, or relating to specific sexual activities or specific anatomical areas as defined below for the observation of patrons therein.

(4)

ADULT MINI MOTION-PICTURE THEATERAn enclosed building with a capacity of fewer than 50 persons used for presenting material distinguished or characterized by its emphasis on matter depicting, describing, or relating to specific sexual activities or specific anatomical areas, as defined below, for the observation of patrons therein.

(5)

ADULT CABARETAn establishment which features live go-go dancers; exotic dancers; strippers, male or female; male or female impersonators or similar entertainers whose performances are characterized by partial or full nudity.

(6)

ADULT DRIVE-IN THEATERA drive-in theater utilized for the presentation of materials distinguished or characterized by their emphasis on matter depicting, describing, or relating to specific sexual activities or specific anatomical areas, as defined below, for the observation of patrons therein.

ALTERATION

As applied to a building or structure, a change or rearrangement in the structural parts or in the existing facilities, including an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another, so as to be attached to a building and having a common wall with the building it is attached to.

AMENDMENT

A change in the text or the map of any portion of this chapter.

ANIMAL BOARDING

A facility designed for the care and socializing of animals for any amount of time by a person other than the animal owner. An animal boarding facility may also offer animal day care, as this term is defined in this chapter. Animal boarding does not include facilities that provide breeding for animals or selling of animals. Animal boarding facilities shall not be operated as a home occupation as defined herein.

ANIMAL DAY CARE

A facility in which one or more animals are supervised and cared for on a short-term basis by a person other than the animal owner, and which may also include grooming and training, but which does not include overnight stays for animals. Animal day care facilities shall not be operated as a home occupation as defined herein.

ANIMAL SHELTER

A facility used to house or contain stray, homeless, abandoned, or unwanted animals and that is owned, operated, or maintained by a public body, an established humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection, and humane treatment of animals.

APARTMENT

A dwelling unit in a building for rent or lease for tenants, excluding mobile homes.

ARTICULATION

The elements in the massing of a building which establish character and visual interest.

BAKERY

An establishment primarily engaged in the retail sale of baked products for consumption on- or off-site. The products may be prepared either on- or off-site. Such use may include incidental food service.

BAKERY, WHOLESALE

A bakery that is primarily involved in the production of baked goods for wholesaling purposes, and which may include on-site, over-the-counter retail dispensing of baked goods.

An establishment where the principal business is the receipt, disbursement, or exchange of funds and currencies, such as banks, savings and loans, credit unions, and automatic teller machines (ATMs); the institution may also provide related financial services to consumers including drive-through services.

BAR

An establishment where alcoholic beverages are sold to be consumed on the premises, and where any sale of food is secondary to the sale of alcoholic beverages. This definition includes but is not limited to a bar, grill, saloon, pub, public house, beer garden, brewpub, or similar establishment, but does not include a banquet facility.

BASEMENT

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

BED-AND-BREAKFAST

A residential lodging facility typically occupying a structure initially constructed as a single-family or two-family dwelling offering bedrooms without a kitchen, but may include kitchen privileges, and housing transient guests for periods not to exceed 14 consecutive days, serving breakfast.

BICYCLE LANE

A designated exclusive space for bicyclists using pavement markings, signage, and/or physical installations such as bollards. The bike lane is typically located adjacent to motor vehicle travel lanes and flows in the same direction as motor vehicle traffic.

BILLBOARD

See "sign."

BLOCK

A tract of land within a subdivision bounded by streets, streams, railroads, the exterior boundaries of the subdivision, or any combination thereof.

BREWERY/DISTILLERY

A facility for the manufacturing of beers, wines, and other alcoholic beverages. A brewery or distillery may include a tasting room, restaurant and/or retail establishment, along with an area for the bulk storage and handling of ingredients, products, and related materials.

BUFFER

A strip of land covered with sufficient permanent planting to provide a continuous physical screen to mitigate the conflicts between two or more different land uses.

BUILD-TO ZONE

A zone established within a certain distance from the property line to a delineated fronting zone along which the building must be built.

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, ACCESSORY

A supplemental building, the use of which is incidental to that of a main or principal building and located on the same lot therewith.

BUILDING, PRINCIPAL

A building in which the principal use of the lot on which it is located is conducted.

BULK

The combination of controls (lot size, floor area ratio, lot coverage, open space, yards, height, and setback) that determine the maximum size and placement of a building on a lot.

BUS RAPID TRANSIT (BRT)

A bus-based mass transit system that utilizes enhanced, high-quality design, services, and infrastructure to improve capacity and reliability relative to a conventional bus system.

BUSINESS AND PROFESSIONAL OFFICE

An establishment used for the organization or administrative aspects of a trade or used in the conduct of a profession or business, and not involving the manufacture, storage, display, or direct retail sale of goods. This may include, but is not limited to, offices of sales representatives, architects, engineers, physicians, dentists, attorneys, insurance brokers, real estate brokers, consulting services, and persons with similar occupations; provided, however, that offices used by physicians or other similar medical personnel for the treatment and examination of patients shall be conducted solely on an outpatient basis with no overnight patients kept on the premises. For the purposes of this chapter, an urgent care facility shall not be considered a business and professional office.

CANNABIS RETAIL DISPENSARY

A retail facility for the sale of cannabis products, requiring a license pursuant to the New York State Marihuana Regulation and Taxation Act.[1]

CAR WASH

A building, the use of which is devoted to the washing of and cleaning of the interior and exterior of motor vehicles.

CEMETERY

A burial place or ground operated and maintained by a religious organization, private entity, or a government agency, which may include a crematorium and aboveground burial vaults. A cemetery is a semipublic use.

CLUB, CIVIC, SOCIAL/FRATERNAL ORGANIZATION

Buildings, facilities, and property owned or operated by a corporation, nonprofit/not-for-profit, sportsman club, association, or person or persons, for a social, educational, or recreational purpose, including public or private hunting of wildlife/fishing, and related purposes, to which membership is required for participation and may or may not be primarily operated for profit.

COMMERCIAL USE

The term collectively defining workplace, office, retail, and lodging functions.

COMMUNICATIONS TOWER

A structure, including one or more antennas or the functional equivalent of such that is intended for transmitting and/or receiving a wireless signal, including, but not limited to radio, television, communications, and cellular towers. For the purposes of this chapter, the term "communications tower" shall not include amateur radio operator's equipment licensed by the FCC or a private television antenna.

COMMUNITY AND GOVERNMENT USE

Any building, structure or premises or part thereof that is designed, constructed, or used for noncommercial community or governmental or municipal purposes, which may include, but not limited to a village hall, meeting hall, highway/department of public works garage, water and sewer facilities, library, post office, and police, rescue and/or fire stations that serve the public. For the purposes of this chapter, "community and government uses" shall not include public or private schools, religious uses, or club, civic, social/fraternal organizations, as these terms are defined in this chapter.

COMMUNITY CHARACTER

The sense of place created by the built environment; natural features and open space; infrastructure; public facilities and services; and public realm.

COMMUNITY GARDEN

An area of land managed by an individual, a group of individuals, or the Village of Menands, growing and harvesting a mixture of food crops and/or nonfood for noncommercial personal or group use, consumption, or donation. Community gardens may be divided into separate plots for cultivation by one or more individuals or may be farmed collectively by members of the group.

COMMUNITY RESIDENTIAL CARE FACILITY FOR THE DISABLED

Pursuant to § 41.34 of the Mental Hygiene Law, a supportive living facility for up to 14 residents or a supervised living facility subject to licensure by the New York State Office of Mental Health or the New York State Office for People with Developmental Disabilities which provides a residence for up to 14 individuals with mental disabilities, including residential treatment facilities for children and youth, and which is integrated within the community, established similar to and shall be classified as a one-family dwelling residence with shared living area, kitchen and bathroom facilities. For the purposes of this chapter, similar facilities that are not subject to licensure by the Office of Mental Health or the Office for People with Developmental Disabilities shall not be considered a community residential facility.

COMPLETE STREET

Streets which are designed and operated to prioritize safety, comfort, and access to destinations for all people.

CONDOMINIUM

A form of ownership less than the whole; the fee ownership of separate portions of buildings, which may be combined with unit owners having rights in common to use the common elements of the parcel in question, with separate ownership confined to individual units. The term "condominium" is defined in the Condominium Act contained in the Real Property Law.[2]

CONTIGUOUS PARCELS

Parcels sharing a property line which are not separated by streets or other parcels or rights-of-way owned by others.

CONVENIENCE STORE

A retail establishment offering any of the following for sale: prepackaged food products, household items, newspapers and magazines, and prepared foods, generally for off-site consumption, but which may offer limited seating without wait service.

CORRIDOR

Linear system that forms the borders of, or connects, the neighborhoods and districts and is composed of natural and built components.

COVERAGE, LOT

The percentage of building coverage of a lot, which includes all principal buildings, roofed porches, carports, garages, and other accessory buildings.

CULTURAL VENUE

A building or space used for cultural education and experiences, including museums, art galleries, aquariums and related establishments that focus on cultural education and interpretation. See "performing arts center" for all performance art uses.

CURB CUT

An angled cut in the edge of a curb that permits vehicular access from a street to a driveway, garage, parking lot, or loading dock.

DAY-CARE CENTER, ADULT AND/OR CHILD

A place, other than an occupied residence, providing or designed to provide supervised care to three or more children or adults for more than three, but fewer than 24 hours per day by someone other than the parent, stepparent, guardian or relative within the third degree of consanguinity of the parents or stepparents of such child or adult.

DAY-CARE HOME, ADULT AND/OR CHILD

A program caring for three or more children or adults in a residence that is not the child's or adult's residence for more than three, but fewer than 24 hours per day by someone other than the parent, stepparent, guardian, or relative within the third degree of consanguinity or stepparents of such child or adult.

DENSITY, RESIDENTIAL

The maximum number of dwelling units permitted on a zoning lot.

DISPOSITION

The placement or arrangement of a feature.

DRIVE-THROUGH ESTABLISHMENT

A service window in which customers of a facility can access goods or services from within a vehicle. A drive-through window, including, but not limited to restaurants including fast-food operations, banks, and pharmacies.

DRIVEWAY

A vehicular lane within a lot or shared between two or more lots providing access to a street, garage, parking area, or parking lot.

DWELLING UNIT

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

DWELLING, MULTIFAMILY

Any building used or designed as a residence for three or more households living independently of each other and doing their own cooking therein, including but not limited to apartments, certain condominium developments and the conversion of existing single-family dwellings.

DWELLING, SINGLE-FAMILY

A detached building designed for or occupied exclusively by one household and containing not more than one dwelling unit, erected on a permanent foundation, with/without basement and equipped for year-round occupancy.

DWELLING, TOWNHOUSE

A single-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls.

DWELLING, TWO-FAMILY

A detached building where not more than two individual dwelling units are entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or to a common cellar.

EASEMENT

Deeded authorization by a property owner for the use or nonuse of any part of their property.

EGRESS

Means of exiting the interior of a structure or property.

ELECTRIC VEHICLE (EV)

Any vehicle that is licensed and registered for operation on public and private highways, roads, and streets; either partially or exclusively, on electrical energy from the grid, or an off-board source, that is stored on-board via a battery for motive purpose. "Electric vehicle" includes: 1) a battery electric vehicle; and 2) a plug-in hybrid electric vehicle.

ELECTRIC VEHICLE CHARGING STATION

Facilities for plug-in vehicles that offer power at a variety of levels including:

Level 1: A slow-charging station with power ranging from 0 to 120 volts;

Level 2: A medium-charging station with power ranging between 120 and 240 volts; and

Level 3: A fast or rapid-charging station with power greater than 240 volts.

ENCROACHMENT

Any structure or structural element which intrudes into an easement, setback or dedicated right-of-way or property line.

FACADE

The exterior wall of a building that is set along a frontage line.

FAMILY

One of the following:

(a)

One, two or three persons occupying a dwelling unit; or

(b)

Four or more persons occupying a dwelling unit and living together as a traditional family or the functional equivalent of a traditional family.

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

FLOOR AREA or GROSS FLOOR AREA

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

(a)

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

(b)

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;

(c)

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

(d)

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

[1]

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

[2]

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

[3]

Members of the household are employed in the area;

[4]

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

[5]

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

[6]

The group is not transient or temporary in nature;

[7]

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

FARM OPERATION

The land and on-farm buildings, equipment, manure processing and handling facilities, and practices which contribute to the production, preparation and marketing of crops, livestock, and livestock products as a commercial enterprise.

FARMERS' MARKET

A permanent, semipermanent, or temporary structure (or stalls or tents), operated on a seasonal or year-round basis, that allows for agricultural producers to sell their products and agriculture-related items directly to consumers.

FLOODPLAIN

An area prone to flooding.

Residential: the area, in square feet, within the exterior walls of a dwelling unit, not including attached garages, porches, decks, etc.

GOLF COURSE, PUBLIC OR PRIVATE, or DRIVING RANGE and/or COUNTRY CLUB

Commercial or industrial: the total area, in square feet, within the exterior walls of a building or structure and, when applicable, the total of all floor areas of the principal and accessory buildings or structures under single ownership or business.

FOOD TRUCK

A motorized vehicle registered and able to be operated on the public streets, in which ready-to-eat food is cooked, wrapped, packaged, processed, or portioned for sale or distribution.

FORM-BASED CODE

A regulation of land use and development with a focus on the character and physical form rather than the separation of uses as the organizing principle for the code. Form-based codes include five main elements: 1) a plan or map of the regulated area designating the locations where different building form standards apply; 2) specifies elements in the public realm, like sidewalks, travel lanes, on-street parking, street trees, and furniture; 3) building standards controlling the features, configurations, and functions of buildings; and 4) a clearly defined and streamlined application and project review process.

FRONTAGE, BUILDING

An area of a lot between a building facade and a right-of-way line of a public street or road. Frontage is divided into private frontage and public frontage.

FRONTAGE, LINE

A lot line bordering a public frontage. Facades facing frontage lines define the public realm and are therefore more regulated than the elevations facing other lot lines.

FRONTAGE, PRINCIPAL

The primary frontage area of a building with a main entrance.

FRONTAGE, SECONDARY

The frontage that is not the primary frontage and that is associated with a side entrance.

FRONTAGE, STREET

The portion of a building site that has a common line with a street right-of-way line.

GARAGE, PRIVATE

An enclosed space for the storage of one or more motor vehicles and within which space no business activity or industry connected directly or indirectly with motor vehicles is conducted.

GARAGE, PUBLIC

Any garage, other than a private garage, available to the public, operated for gain, and which is used for storage, rental, repair, painting, washing, servicing, or equipping motor vehicles.

A public or private golf driving range and/or a track of land laid out with at least nine holes for playing a game of golf and improved with tees, greens, fairways, and hazards. A golf course may include a clubhouse, restaurant, bar, tavern, pro-shop, restrooms, driving range, shelters, and other common accessory buildings, structures, and uses.

GRADING

The physical alteration of the contours of land in connection with a development project. Minor alteration for landscaping purposes or to improve drainage on individual residential properties does not constitute grading.

GRANDFATHERING

Exempting from a new law or regulation.

GREEN INFRASTRUCTURE

The multifunctional, interconnected network of open space and natural features, such as greenways, wetlands, parks, forest preserves, and areas of native plant vegetation, that naturally manages stormwater, reduces flooding risk, and improves water quality.

GREEN ROOF

A vegetated roof design that is designed to absorb rainfall or snowmelt, typically to manage stormwater, mitigate the heat island effect, or offer recreational space for building occupants.

GREENHOUSE, COMMERCIAL

A building or structure, permanent or portable, which is used for the growth of flowers, shrubbery, vegetables, trees, and other horticultural and floricultural products to be sold at wholesale or retail.

GROSS LEASABLE AREA (GLA)

The total finished floor area of all buildings in a planned shopping center, exclusive of service areas outside the stores, boiler rooms, freight tunnels or corridors, elevators, utility rooms or restrooms and truck docks.

HEIGHT

The vertical distance from the average ground level of the foundation of the building or structure to the highest point of the roof, unless otherwise specified herein. Chimneys, spires, towers, elevators, penthouses, tanks, HVAC, and similar projections shall be excluded from such calculation.

HIGHER EDUCATION

Any of various types of education given in postsecondary institutions of learning, especially by a college or university.

HOME OCCUPATION

An occupation carried on in a dwelling unit or accessory structure by the resident thereof; provided that the use is limited in extent and incidental and secondary to the dwelling unit for residential purpose and does not alter the exterior residential character of the property thereof. For the purposes of this chapter, the following uses shall be considered home occupations:

HOME OCCUPATION-1Includes all home occupations conducted and fully contained within a principal or accessory residential structure and does not attract on-site customers.

INDUSTRY AND MANUFACTURING FACILITIES, HEAVY

HOME OCCUPATION-2Includes all home occupations which attract on-site customers and/or is conducted outside of a principal or accessory residential structure.

HOTELS and MOTELS

A building in which lodging is provided and offered to the public, which is customarily open to transient guests, and which may include ancillary facilities and services, such as restaurants, meeting rooms, entertainment, personal services, and recreational facilities. A hotel/motel unit may contain a kitchen for extended stay lodgings. Outdoor athletic courts and other outdoor facilities are permitted and may be included with a hotel use.

HOUSEHOLD

All the people who occupy a housing unit.

IMPERVIOUS SURFACE

Areas which prevent or impede the infiltration of stormwater into the soil as it entered in natural conditions prior to development. Common impervious areas include, but are not limited to, rooftops, sidewalks, walkways, patio areas, driveways, parking lots, storage areas, compacted gravel and soil surfaces, awnings and other fabric or plastic coverings.

IN-LAW APARTMENT

A secondary dwelling unit established in conjunction with and subordinate to the principal dwelling unit on the same lot.

Uses engaged in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials that potentially involve hazardous conditions with significant external effects, or which pose risks due to the involvement of explosives, poisons, pesticides, herbicides, or other hazardous materials in the manufacturing or other process. Accessory warehousing, wholesaling, and distribution of the finished products produced at the site are allowed as part of this use.

INDUSTRY AND MANUFACTURING FACILITIES, LIGHT

A use that involves the manufacturing, production, processing, fabrication, assembly, treatment, repair, or packaging of finished products and materials, or from raw materials that do not need refining and are conducted wholly within an enclosed building. Accessory warehousing, wholesaling, and distribution of the finished products produced at the site are allowed as part of this use. Light industry is capable of operation in such a manner as to control the external effects of the manufacturing process, such as smoke, noise, soot, dirt, vibration, odor, etc.

INFILL DEVELOPMENT

The building and constructing of structures on vacant land within an already developed community or area.

INFILL NEIGHBORHOOD

The development of additional housing units into an already approved subdivision or neighborhood.

LAND DISTURBANCE

The disturbance of land, including but not limited to grading, cutting of vegetation, the excavation or removal of soils or minerals, associated with the present or future development of the parcel.

LAND USE

The design, arrangement and operations carried by humans for economic or cultural activities at a given place.

LIGHTWELL

A private-frontage type that is a below-grade entrance or recess designed to allow light into basements. See Schedule 4.[3]

LINER BUILDING

A building specifically designed to mask a parking lot or a parking structure from a frontage.

LIVE-WORK UNIT

An attached or detached structure with one dwelling unit above or behind a ground floor space that can be used for service or retail uses.

LOADING AREA

An off-street space at least 12 feet wide by 40 feet long, with an appropriate means of access to a street or alley, intended for the temporary parking of a vehicle while loading or unloading merchandise or materials.

LOT

Land occupied or which may be occupied 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 a lot in the district in which such land is situated and having frontage on a street.

LOT FRONTAGE

Distance measured across the width of the lot at the street line.

LOT LINE

The established division line between different parcels of property.

LOT LINE, FRONT

The lot line which abuts a street or highway right-of-way boundary.

LOT LINE, REAR

The lot line generally opposite to the street line and most distant from the front lot line. In the case of any odd-shaped lot or any corner lot, the rear lot line shall be determined by the Code Enforcement Officer.

LOT OF RECORD

Any lot which has been established as such by plot, survey, record, or deed prior to the effective date of this chapter.

LOT SIZE

The total horizontal area contained within the lot line.

LOT WIDTH

The mean horizontal distance of a lot, measured at right angles to its depth at the building line, which building line shall follow the minimum setback requirements of this chapter.

LOT, CORNER

A lot situated at the intersection of two or more streets or highways.

LOT, DEPTH

The mean horizontal distance between the front and rear lot lines, measured along the median between the two side lot lines.

MANUFACTURED HOME

An structure conforming to the requirements of the Federal Department of Housing and Urban Development (HUD), National Manufactured Housing Construction and Safety Act of 1974, as amended, and transportable in one or more sections, which in the traveling mode is eight body feet or more in width or 40 body feet or more in length, or, when erected on-site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with a permanent foundation when connected to the required utilities, and includes plumbing, heating, air-conditioning, and electrical systems contained therein. The term "manufactured home" shall also include any structure that meets all the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification required by HUD and complies with the standards established by the National Manufactured Housing Construction and Safety Act of 1974, as amended. The term "manufactured home" shall not include any self-propelled recreational vehicle. For the purposes of this chapter, a manufactured home that is affixed to a permanent foundation and conforms to the identical development specification and standards pursuant to this chapter, including general aesthetic and architectural standards, applicable to conventional, site-built single-family dwellings in the residential district in which the manufactured home is to be placed, shall be deemed to be a conforming one-family dwelling.

MANUFACTURED HOME, INDIVIDUAL

A manufactured home located within a residential zoning district.

MASSING

The three-dimensional shape of a building's height, width, and depth.

MEDICAL FACILITY

An institution that is licensed by the New York State Department of Health providing health services, including, but not limited to, medical or surgical care to inpatients and outpatients suffering from illness, disease, injury, deformity, and other abnormal physical or mental conditions, including, as an integral part of the institution, such related facilities as laboratories, outpatient departments, training facilities, central service facilities and staff offices. For the purposes of this chapter, dental offices and urgent care facilities shall be considered medical centers.

MEDICAL FACILITY, LARGE-SCALE

A medical facility as defined herein that has a footprint greater than 20,000 square feet, not including accessory buildings.

MEDICAL FACILITY, SMALL-SCALE

A medical facility as defined herein that has a footprint equal to or less than 20,000 square feet, not including accessory buildings.

MIXED-USE

Two or more uses allowed in the applicable zoning district and located within the same building and/or on the same lot.

MOTOR VEHICLE FUEL SALES

An establishment intended to be used for the retail sale of automotive fuel and which may include electric vehicle charging services, but which use shall be separate and distinct from a motor vehicle repair shop and motor vehicle sales and service.

MOTOR VEHICLE REPAIR SHOP

An establishment that is used for the general repair, rebuilding, or reconditioning of engines, automobiles, motorcycles, trucks, trailers, or similar vehicles, including collision service, body repair and frame straightening, muffler repair, oil change and lubrication, tire service and sales, painting and upholstering, vehicle steam cleaning, undercoating, and similar services.

MOTOR VEHICLE SALES AND SERVICE

An establishment including open areas and/or showrooms enclosed within a building used for the display or sale of new or used automobiles, trucks, cargo trailers, recreational vehicles, motorcycles, snowmobiles and/or boats, and which may include the repair of such vehicles.

MULTI-USE LANE

Infrastructure that supports multiple recreation and transportation opportunities, such as walking, bicycling, in-line skating, and wheelchair use on a shared lane.

MUNICIPAL

Relating to a town, city or village or its governing body.

MUSEUM

A building in which objects of historical, scientific, artistic, or cultural interest are stored and exhibited.

NURSING HOME

A facility approved by the State of New York which is designed for frail elderly and chronically disabled residents. The facility shall provide twenty-four-hour medical care, activities, supervision, and social services and may offer a wide range of medical-based services, including rehabilitation, occupational and physical therapy, and services to residents with special needs, chronic or life-threatening.

OFF-STREET PARKING

The parking of motor vehicles in a designated area, whether public or private, and not upon a public street. Areas include, but are not limited to, ramps; garages; carports; or uncovered paved or unpaved surfaces.

OPEN SPACE

An unoccupied area open to the sky in a natural state, but including squares, plazas, and formal gardens. Also, the unoccupied area open to the sky in the same lot with a principal building and/or accessory building. Open area does not include paved parking areas or driveways.

OUTBUILDING

Separate structures used for a purpose incidental to the enjoyment of the dwelling, and may include, but is not limited to, structures such as sheds; greenhouses; garages; pool houses; or barns.

OUTDOOR CAFE

An open-air seating area on a public sidewalk provided by a restaurant located on the adjoining property, where restaurant patrons can eat or drink.

OUTDOOR SALES LOT

A lot located on the exterior of a building used, or proposed to be used, for the storage or display of goods, products, equipment, or machinery offered for sale or rental on the premises.

OUTDOOR STORAGE YARD

An area outside of an enclosed building where materials and goods, operable machinery and equipment, and operable vehicles are stored, but does not include retail sales, recycle center, scrapyard, lumberyard or an auto-wrecking yard.

OUT PARCEL

An area at the property line located within a shopping center that shares a common parking lot with the other buildings and establishments within said shopping center, but which is separated from the principal building and establishment by at least 75 feet.

OVERLAY ZONE

A zoning district that encompasses one or more underlying zones and imposes additional or alternative requirements to those required by the underlying zone.

PARKING LOT, ACCESSORY-1

An area designated for the expansion of existing off-street parking of motor vehicles for residents, employees, visitors, and/or patrons of an existing principal use permitted by this chapter and where no fee is charged to park. The parking lot shall be located on the same parcel occupied by the principal use. An accessory parking lot-1 shall not be used for the storage of unlicensed/unregistered vehicles.

PARKING LOT, ACCESSORY-2

An area designated for the expansion of existing off-street parking of motor vehicles for residents, employees, visitors, and/or patrons of an existing principal use permitted by this chapter and located on a parcel contiguous with the parcel occupied by the principal use. A parking lot, accessory-2 shall not be used for the storage of unlicensed/unregistered vehicles.

PARKING LOT, COMMERCIAL

A parcel of land or portion thereof used for the parking or storage of motor vehicles as a commercial enterprise for which any fee is charged independently of any other use of the premises. A commercial parking lot shall not be used for the storage of unlicensed/unregistered vehicles.

PARKING LOT, PUBLIC

An area owned by the Village of Menands designated for off-street parking of motor vehicles available to the public, with or without payment. For the purposes of this chapter, a public parking lot may be used as a park and ride without payment.

PARKING SPACE

Off-street parking space 10 feet wide by 20 feet long used for the temporary location of one licensed motor vehicle. Such space shall have direct access to a street or alley.

PARKING STRUCTURE

Any building or structure principally used for the parking of motor vehicles.

PEDESTRIAN AMENITIES

Areas and objects that serve as places for public socializing and enjoyment and are usually closed to motorized vehicles. Examples include plazas; extra-wide sidewalks; street furnishings, such as benches, drinking fountains, and bus waiting shelters; pocket parks adjacent to a street; and similar areas and objects.

PEDESTRIAN REALM

The space behind the curb of the street that provides physical space for pedestrian activity, buffering from the vehicular and bicycle traffic along the street, and space for shade and other elements that affect pedestrian comfort. The pedestrian realm includes hardscape, publicly accessible sidewalks, clear pedestrian spaces, softscape and utilities, and pedestrian amenities.

PERFORMING ARTS CENTER

A structure, or part of a building, or an open-air venue that may contain audience seating, or a combination thereof, and that includes one or more screens, stages, studios, or auditoriums, devoted to showing motion pictures, or for dramatic, dance, musical, or other live performances as well as the recording of performances. Such establishments may include space for practice, rehearsal, as well as accessory services, such as food and beverage sales and other concessions.

PERSONAL SERVICES

Barber, hairdresser, beauty parlor, shoe repair, shoe shine, health spa, laundry, laundromat, dry cleaner, music school, dancing school, driving school, photographic studio and businesses providing similar services of a personal nature.

PERVIOUS PAVEMENT

Permeable paving surfaces are made of either a porous material that enables stormwater to flow through it or has nonporous blocks which are spaced so that water can flow between the gaps.

PERVIOUS SURFACE

A surface that allows the percolation of water into the underlying soil. Pervious surfaces include grass, mulched ground cover, planted areas, vegetated roofs, permeable paving as well as porches and decks erected on pier foundations that maintain the covered lot surface's water permeability.

PLANNED DEVELOPMENT DISTRICT

A unique zoning district where greater flexibility from conventional zoning regulations is provided in a specified area that is to be developed as a single entity. The PDD must be in keeping with the Comprehensive Plan and be in conformance with a preliminary planned development plan approved by the municipality. Planned development districts allow diversification in the uses permitted and variation in the relationship of uses, structures, and open spaces and are conceived as cohesive unified projects with unique standards and regulation.

PRELIMINARY REVIEW

The administrative process by which a development project, which is otherwise permitted by right in the zoning district, is reviewed by the municipality to ensure conformance with applicable policies, codes, and standards.

PRINCIPAL BUILDING

The main building on a lot, usually located toward the frontage.

PRINCIPAL ENTRANCE

The main point of access for pedestrians into a building.

PRINCIPAL FRONTAGE

On corner lots, the private frontage designated to bear the address and principal entrance to the building, and the measure of minimum lot width. Prescriptions for the parking layers pertain only to the principal frontage. Prescriptions for the first layer pertain to both frontages of a corner lot. See "frontage."

PROFESSIONAL SERVICES

Services provided by an individual engaged in an occupation providing such, including but not limited to that of physician, dentist, lawyer, engineer, accountant, architect, teacher, psychologist, insurance agent or broker, realtor, marketing, advertising and consultant or any other similar occupation as determined by the Board of Trustees.

PUBLIC FACILITIES, MAJOR

Any public service improvement or structure developed by or for a public agency or a public utility that is not defined as a minor public facility, including but not limited to sewer and water treatment plants, water reservoirs, trunk lines, and regional stormwater detention facilities. For the purposes of this chapter, major public facilities shall not include establishments engaged in the generation of electricity, gas, or steam.

PUBLIC FACILITIES, MINOR

Utility structures (e.g., poles, lines, pipes); sewer, water, and storm drainage structures and collection system improvements (e.g., water towers, pump stations, lines, manholes, valves, hydrants, drains, on-site detention facilities); new or extended public streets (including lane additions); minor improvements to existing streets (e.g., overlays, catch basins, signs, control devices, widening, curbs, gutters, sidewalks); and minor transit improvements (e.g., bus stops or shelters). For the purposes of this chapter, minor public facilities shall not include establishments engaged in the generation of electricity, gas, or steam.

PUBLIC PARKS AND PLAYGROUNDS

A publicly owned area used for active or passive recreational pursuits, including, but not limited to parks, play lots, playgrounds, tennis courts, and athletic fields for noncommercial neighborhood or community use.

PUBLIC SPACE

Any real property or structures thereon that are owned, leased, or controlled by a governmental entity.

RADIO AND TELEVISION STATIONS

An establishment containing one or more broadcasting studios for over-the-air, cable, or satellite delivery of radio or television programs. The term does not include communications towers.

RAIN GARDEN

A stormwater retention and water quality facility consisting of a shallow depression in the ground with a layer of soil and vegetation that reduces the flow or rate of flow of stormwater from a property into the municipal stormwater system, and removes sediment and pollutants from that stormwater.

RECREATIONAL FACILITY, COMMERCIAL

An indoor or outdoor area or facility designed and equipped for the conduct of sports and leisure-time activities, and which access to or use of such indoor or outdoor areas or facilities is subject to a fee. Recreational facilities may include, but are not limited to playgrounds, swimming pools, ice rinks, tennis courts, water parks, driving ranges, basketball courts, handball and racquet courts, soccer, baseball, softball, polo, and football fields, running tracks, and riding rinks. Such uses may be accompanied by customary accessory uses, which may include food service facilities, meeting rooms, serving alcoholic beverages, video or computer game facilities, video theater facilities, sales of sport or exercise-related equipment or clothing and other customary accessory uses.

RELIGIOUS USE

Church, mosque, religious temple, parish house, convent, seminary, and retreat house. For the purposes of this chapter, a religious use shall also be known as a "place of worship."

RESEARCH AND DEVELOPMENT FACILITY

A use engaged in research and development, testing, assembly, repair, and manufacturing, including, but not limited to the following: biotechnology, pharmaceuticals, medical instrumentation or supplies, communications and information technology, electronics and instrumentation, and computer hardware and software. Accessory offices, warehousing, wholesaling, and distribution of the finished products produced at the site area are allowed as part of this use.

RESIDENTIAL DISTRICT

All zoning districts identified in Article 2 (Residential Districts) of this chapter.

RESTAURANT

Any structure having as a principal use the preparation and dispensing of foods and beverages for consumption either on or off the premises.

RETAIL AND/OR SERVICE ESTABLISHMENT

A commercial establishment, not separately defined in this chapter, which provides goods and/or services directly to the customer, where such goods are available for immediate purchase and removal from the premises by the purchaser, and which may include small-scale light manufacturing and assembly of products on-site. In the case of a service establishment, the services provided by the business can take place off-site.

RIGHT-OF-WAY

The right to pass over or through real property owned by someone else, usually based upon an easement. In traffic law, right-of-way refers to a preference of one of two vehicles, or between a motor vehicle and a pedestrian, asserting the right of passage at the same place and time.

SCHOOL GROUNDS

Any building, structure, and surrounding outdoor grounds, including entrances or exits, contained within a public or private preschool, nursery school, elementary or secondary school's legally defined property boundaries as registered in a county clerk's office.

SCHOOL, PRIVATE

Unless separately defined in this chapter, shall be an institution, not owned by a public agency, which offers to its students formal education and is chartered by the Board of Regents of the University of the State of New York.

SCHOOL, PUBLIC

Unless separately defined in this chapter, shall be an institution under the jurisdiction of a school district or other public agency and legally constituted by the State of New York for the teaching of children or adults, including primary and secondary schools, colleges and universities, professional, trade, vocational, and job-training schools and similar facilities, licensed by the New York State Department of Education.

SCREENING

The covering or shielding of an area from public view, often achieved with plantings, shrubbery, or art installations.

SELF-STORAGE FACILITY

A building or group of buildings designed to contain multiple storage compartments for use by individuals on a short-term or long-term basis for a fee.

SETBACK

The required minimum depth a building or structure must be from a street or road, adjacent property, stream, shore, or floodplain, or any other place deemed in need of protection.

SHARED MOBILITY

Transportation services that are shared among users, including public transit, taxis and limos, bike sharing, car sharing, ride-sharing (carpooling, vanpooling), ride sourcing, scooter sharing, and shuttle services.

SHARED ROADWAY

A travel lane shared between bicyclists and motor vehicles.

SHOPPING CENTER

A site containing three or more commercial establishments exceeding a combined total of 60,000 square feet in area, that is planned, owned, and managed as a single property, with off-street parking.

SIGN

Any identification, description, illustration or device, illuminated or nonilluminated, which is visible from any public place or is located on private property and exposed to the public and which directs attention to a product, service, place, activity, person, institution, business or solicitation, including any permanently installed or situated merchandise, or any logo, painting, banner, pennant, placard or temporary sign designated to advertise, identify or convey information, with the exception of window displays and national flags. Signs shall also include all sign structures. See Chapter 138, Signs and Billboards.

SITE PLAN

A plan, prepared to scale, showing accurately and with complete dimensioning, the boundaries of a site and the location of all buildings, structures, uses, drives, parking, drainage, landscape features, and other principal site development improvements for a specific parcel of land.

SITE PLAN REVIEW

The assessment of the design and function of a proposed site, whereby a committee or agency identifies necessary referrals to other public agencies, and often includes project recommendations and/or requirements.

SKETCH PLAN

A map of a proposed subdivision, drawn and submitted in accordance with the requirements of adopted regulations, to evaluate feasibility and design characteristics at an early state in the planning.

SOLAR ENERGY SYSTEMS

The components and systems required to convert solar energy into electric energy suitable for the use. The term includes, but is not limited to, solar panels and solar energy equipment. A solar energy system is classified as a Tier 1, Tier 2, Tier 3, or Tier 4 solar energy system as follows:

TIER 1 SOLAR ENERGY SYSTEMSInclude the following:

(a)

Roof-mounted solar energy system.

(b)

Building-integrated solar energy system.

(c)

Ground-mounted solar energy systems with a nameplate capacity of up to 25 kW AC.

(d)

All associated accessory structures, including battery storage systems used exclusively to store electricity generated by the solar energy system.

TIER 2 SOLAR ENERGY SYSTEMSInclude ground-mounted solar energy systems not included under Tier 1 solar energy systems with a nameplate capacity of up to 1 MW AC and which generate no more than 110% of the electricity consumed on the site over the previous 12 months. For the purposes of this chapter, a Tier 2 solar energy system includes all accessory structures, including battery storage systems used exclusively to store electricity generated by the solar energy system.

SPECIFIED ANATOMICAL AREA

TIER 3 SOLAR ENERGY SYSTEMSInclude ground-mounted solar energy systems not included under Tier 1 or Tier 2 solar energy systems with a nameplate capacity of up to 5 MW AC, and which are designed and built to provide energy as an ongoing commercial enterprise, or for commercial profit, or designed to distribute energy generated to a transmission system for distribution to customers or co-owners for use off the site. For the purposes of this chapter, a Tier 3 solar energy system includes all accessory structures, including battery storage systems used exclusively to store electricity generated by the solar energy system.

(4)

TIER 4 SOLAR ENERGY SYSTEMSSolar energy systems which are not included under Tier 1, Tier 2, or Tier 3 solar energy systems.

SPECIAL DISTRICT

Special subcategory of conventional zoning districts (residential, commercial, or industrial) that are intended to achieve specific planning and design objectives due to unique characteristics of an area.

SPECIAL USE PERMIT

Authorization of a particular land use which is permitted in a zoning ordinance or local law, subject to requirements imposed by such zoning ordinance or local law to assure that the proposed use is in harmony with such zoning ordinance or local law and will not adversely affect the neighborhood if such requirements are met.

Includes:

Less than completely and opaquely covered human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola;

SPECIFIED SEXUAL ACTIVITIES

Human male genitals in a discernible turgid state, even if completely or opaquely covered.

Includes:

Human genitals in a state of sexual stimulation or arousal; or

Acts of human masturbation, sexual intercourse, or sodomy; or