Village of Woodbury, NY Definitions

Words used in the present tense include the future tense. The singular includes the plural.

The word "lot" includes the word "plot" or "parcel."

ADULT ENTERTAINMENT CABARET

The word "shall" is always mandatory.

(4)

The word "used" or "occupied," as applied to any land or building, shall be construed to include the words "intended, arranged or designed to be used or occupied."

(5)

The word "he" also refers to "she."

Definitions. For the purposes of this chapter, certain terms or words used herein shall be interpreted or defined as follows. Any word or term not noted below shall be used with a meaning as defined in the latest edition of Webster's Third New International Dictionary of the English Language.

ACCESSORY BUILDING

A subordinate or supplemental building, the use of which is customarily incidental to that of the principal building.

ACCESSORY USE

A subordinate or supplemental use customarily incidental to the principal use and located on the same lot with such principal use.

ACRE

A land area of 43,560 square feet.

ADULT BOOKSTORE

An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, films for sale or viewing on the premises by use of motion-picture devices or any other coin-operated means and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section devoted to the sale or display of such material.

A public or private establishment which is licensed to serve food and/or alcoholic beverages and which features topless dancers, strippers, male or female impersonators or similar entertainers.

ADULT MINI-MOTION-PICTURE THEATER

An enclosed building with a capacity of fewer than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

ADULT MOTION-PICTURE THEATER

An enclosed building with a capacity of 50 or more persons used regularly and routinely for presenting material having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

AGRICULTURE

The science and practice of the cultivation of the soil for food products or other useful or valuable growths.

ALTERATION

As applied to a building or structure, a rearrangement in the structural parts or in the ingress or egress facilities or an enlargement requiring a building permit, whether by extending on a side or by increasing in height, or the moving from one location or position to another.

ANIMAL CLINIC

A place where animals or pets are given medical or surgical treatment but where there are no facilities for housing animals.

ANIMAL HOSPITAL

The same as a clinic but with housing for animals.

AREA, BUILDING

The total of areas taken on a horizontal plane measured from the outside wall at the main grade level or levels of the principal building and all accessory buildings, exclusive of uncovered porches, terraces and steps.

AUTOMOBILE SERVICE STATION or GASOLINE STATION

A building or place of business where gasoline, fuel, oil and grease and/or batteries, tires and minor automobile accessories are supplied and dispensed directly to the motor vehicle trade and where minor repair service is rendered or where only gasoline, fuel or oil is sold to the motor vehicle trade.

AWNING

A roof-like covering of metal, canvas duck or similar material attached to a metal frame and attached or supported entirely from a building.

BED-AND-BREAKFAST

A private owner-occupied dwelling in which at least one and not more than five rooms are offered for transient, overnight lodging and breakfast is offered to such occupants. No public restaurant shall be maintained. This shall not include rentals such as Airbnbs or VRBO.[1]

[Amended 9-9-2021 by L.L. No. 11-2021]

BUILDING

Any structure having a roof supported by such things as columns, posts, piers or walls and intended for the shelter, business, housing or enclosing of persons, animals, property or other materials, including any combination of materials forming any construction. The term "building" shall include the term "structure," as well as the following:

Signs.

Walls, other than retaining walls projecting above the ground not more than three feet at the higher ground level and not more than 6 1/2 feet at the lower ground level.

CENTRAL SEWER AND CENTRAL WATER

Radio, television and microwave antennas, except for such antennas installed on the roof of a building and extending not more than 15 feet above the highest level of the roof of such building.

(4)

Pergolas, porches, outdoor bins and other similar structures.

Fixed awnings.

Swimming pools.

Transmission towers.

Wind turbines.

Detached solar energy systems.

BUILDING HEIGHT

The height, in feet, of a building shall be determined from a datum established by the average elevation of paved open spaces which are suitable for the approach of fire department equipment and curb levels, where established, both of which are within 50 feet of the exterior walls of the building. Such height shall be measured from such datum to the highest level of a flat or mansard roof or to the average height of a pitched, gabled, hip or gambrel roof, excluding bulkheads and other roof construction.

BUILDING LINE

A line formed by the intersection of a horizontal plane at average grade level and a vertical plane that coincides with the exterior surface of the building on any side. In case of a cantilevered section of a building or an overhang, the vertical plane will coincide with the most projected surface.

CAMP, SUMMER

One or more temporary or permanent tents, buildings or structures, together with the lot or tract of land appertaining thereto, established or maintained as living quarters for temporary occupancy and not arranged or intended for such occupancy except during the period, or part of the period, from June 15 to October 15 in any year.

CAR WASH

Use involving the washing, cleaning or detailing of passenger, commercial or recreational vehicles. Recycled water shall be used during this process.

Communal sewage disposal systems and communal water supply systems approved by the Village Board and any other public agencies having jurisdiction thereof.

CERTIFICATE OF OCCUPANCY

A document issued by the Village Building Department Code Enforcement Officer allowing the occupancy or use of a building and certifying that the structure or use has been constructed and can be used in compliance with all applicable state codes and Village ordinances.

CLINIC, OUTPATIENT

The same as a hospital, except that there shall be no overnight accommodations.

CLUBHOUSE

A building used by a business or membership organization for social or recreational purposes.

CODE ENFORCEMENT OFFICER

That person designated by the Village Board to enforce the zoning regulations.

COMMERCIAL CENTER

A structure or tract of land providing more than one permitted or special permit retail or service use designed, maintained and operated as a unit, in single ownership or control, and sharing certain facilities in common, such as driveways, parking areas, drainage, utilities and screening.

COMMERCIAL RECREATION, INDOOR

A recreation use conducted entirely within the building where tickets are sold or fees collected for the activity.

COMMON AREAS

One or more parcels of land and/or water within a development designed and intended for the use or enjoyment of the residents or employees therein. Such common areas may contain forever-green open space to be left in its natural state, as defined in Chapter 215 of the Code of the Village of Woodbury, and recreation areas with such complementary structures and improvements for active or passive recreational pursuits as are necessary and appropriate for the benefit and enjoyment of the residents or employees of the development, subject to all applicable Village and state regulations, including Chapter 215 of the Code of the Village of Woodbury regarding open space administration.

COMPREHENSIVE PLAN

A identification of the goals, objectives, principles, guidelines, policies, standards, devices and instruments for the immediate and long-range protection, enhancement, growth and development of the Village.

CONVALESCENT HOME

A building facility utilized for the purpose of aiding or assisting the recovery of health and/or rehabilitation following sickness.

CONVENIENCE STORE

A retail establishment of up to 5,000 square feet selling primarily food products, household items (not furniture or appliances), sundries, newspapers and magazines, beverages and a limited amount of freshly prepared food such as sandwiches and salads for off-premises consumption. No more than six seats shall be provided.

CONVENIENCE STORE/FUEL SALE

See "convenience store," except that sale of automotive fuel and other automotive products may occur on the same site and be considered one use.

COVERAGE

That percentage of the lot area covered by the building area and all impervious surfaces. Parking areas, regardless of how surfaced, shall be considered impervious.

[Amended 6-25-2020 by L.L. No. 5-2020]

CUSTOM WORKSHOP

A business premises used for the making of clothing, millinery, shoes, arts and crafts items or other personal articles to individual order and specifications, and not including retail sales or the manufacture of machinery, vehicles, appliances and similar heavy goods and ready-to-wear or standardized products.

DANCE/MUSIC STUDIO

A building or portion thereof utilized for teaching dance or music (voice or instrumental), whether individual or in classes.

DAY CARE

A facility providing supervision or care to five or more minor children not residing on the premises during daytime hours but which is not primarily intended for medical or educational purposes.

DOMESTIC ANIMALS

Various species of animals such as cats, dogs, hamsters and the like which are normally and conventionally housed in residential dwellings or adjacent thereto.

DWELLING

A building or that part of a building designed or used as the living quarters for one or more families.

DWELLING, ONE-FAMILY DETACHED

A dwelling containing only one dwelling unit, not attached to any other dwelling, on its own lot of record.

DWELLING, TWO-FAMILY

A detached dwelling containing two separate dwelling units, on its own lot of record.

DWELLING UNIT

A building or entirely self-contained portion thereof containing complete housekeeping facilities, including cooking and plumbing equipment, for one family. A boardinghouse, hotel, dormitory or convalescent home shall not be deemed to constitute a dwelling unit.

EASEMENT

A grant of the use of land by the public or by a corporation or persons for specific purposes.

EVENT VENUE

The use of land, structures or buildings for gatherings and events where compensation may be paid to the property owner for said use, such as, but not limited to weddings, banquets, parties, fundraisers, conferences, celebratory or educational activities and other similar events. This shall not include any events that attract 200 or more persons, which shall be subject to Chapter 243 (“public assembly, outdoor”). It is not the intent of this definition to regulate gatherings hosted by a property owner, family member of the property owner, or leasee of property, whose residence is the property in question for the purpose of celebrating a birthday, holiday, or similar special occasion. However, if such gatherings are occurring on a frequent basis necessitating a need to regulate to preserve the public, health, safety and welfare, as determined by the Building Inspector, then the Building Inspector may require the property owner apply for a temporary special permit under this chapter.

[Added 3-3-2023 by L.L. No. 3-2023]

FAMILY

Any number of persons related by blood, marriage or adoption, or any number of persons who are not so related, living together as a single nonprofit housekeeping unit, using all rooms and housekeeping facilities in common and having such meals as they may eat at home generally prepared and eaten together.

FARM DISTILLERY

A facility which possesses a New York State farm distillery license and produces liquor, where 75% of the ingredients in its products are from New York State. This may include a tasting room where New-York-State-labeled products (beer, cider, wine, mead, and/or liquor) may be tasted and sold and a gift shop.

[Added 5-30-2023 by L.L. No. 7-2023]

FARM WINERY

A facility which possesses a New York State farm winery license and where grapes are grown and/or converted to wine for sale to the public or to other businesses, which may also include a wine tasting room where New-York-State-labeled wines and wine products grown or processed on the property may be tasted and sold.

FIRE MARSHAL

The Village of Woodbury Fire Marshal appointed by the Village Board.

FLOOR AREA, GROSS

The sum of the areas of all floors of a building as measured from the exterior walls.

FRONTAGE

The length of the property line separating a lot from the street right-of-way line, measured along the street right-of-way line.

GARAGE, PRIVATE

An enclosed space for the storage of not more than four motor vehicles, provided that no business, occupation or car service is conducted for profit therein nor space for more than one car is leased to a nonresident of the premises.

GARAGE, PUBLIC

A building, other than a private garage, used for storage, housing or care of gasoline- or other power-driven vehicles or where such vehicles are equipped for operation or kept for remuneration, hire or sale.

GARAGE, REPAIR

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

GOLF COURSE

A minimum of 18 holes, each consisting of a teeing ground, fairway, rough and other hazards, landscaped and designed for the game of golf.

GROUP-CARE FACILITY

A noninstitutional home set up in theory, size, appearance and structure to bear the general character of a family unit in a relatively permanent household headed by at least one supervisory individual, to be occupied by between six and 12 persons, which is operated or sponsored by a public social service or private nonprofit agency, subject to approval by the New York State Department of Social Services.

GUEST UNIT

A bedroom sleeping accommodation for transient guests, which may or may not include bathroom facilities and shall be occupied by no more than two adult persons and be at least 80 square feet in area.

HAZARDOUS MATERIAL

Material that is flammable, combustible, explosive, radioactive, reactive, corrosive or toxic to humans, as defined and quantified in the United States Environmental Protection Agency regulations under 40 CFR 116.

HEALTH CLUB

A business establishment with equipment and facilities for exercising and improving physical fitness. Facilities may include both indoor and outdoor amenities but shall be subject to different bulk requirements as shown in the use and bulk table.

HEALTH SPA

A business establishment intended for relaxation and/or meditation where a number of personal services are offered in a serene atmosphere. Facilities may include both indoor and outdoor amenities directly related to the spa use such as walking paths or meditation gardens but shall be subject to different bulk requirements as shown in the use and bulk table.

HIGHWAY

Any state highway, county road or Village highway or street and, unless the context indicates otherwise, any street laid out on a filed subdivision map which connects with a state highway, county road or Village highway or street. Generally, "highway" and "street," as used herein, mean the same thing. The boundary of the road shall be presumed to be not less than 25 feet from the center line of the traveled way or 30 feet in the case of a collector road or arterial.

HOME OCCUPATION

Any gainful occupation customarily conducted within a dwelling, or in a structure that is occupied by a use accessory to the dwelling, by the owner/occupant thereof, clearly secondary to the use of the dwelling for living purposes, and which does not change the character of the structure as a residence. Said activity shall not have more than one nonresident employee and shall not occupy more than 500 square feet or 1/2 of the ground floor area of the dwelling or its equivalent elsewhere in the dwelling whichever is less, if so used. Permissible home occupations include but are not limited to the following: an art studio; dressmaking; offices of a clergyman, lawyer, physician, dentist, architect, engineer, real estate agent or accountant; and teaching of music, dancing or other instruction, limited to one pupil at a time. However, home occupations shall not be construed to include uses such as the following: a clinic or hospital; an animal hospital or kennel; a restaurant; or a barber- or beauty shop.

HORTICULTURE

The art of growing fruits, vegetables or ornamental plants.

HOSPITAL

A building used for the diagnosis, treatment or other care of human ailments, unless otherwise specified, with overnight patient and/or staff housing. A hospital shall be deemed to include a sanitarium, clinic, convalescent home, nursing home, rest home or other building with an equivalent appellation.

HOTEL

A facility offering rooms for transient (occupied for less than 30 consecutive days) lodging accommodations for compensation to the general public and wherein all rooms are connected to interior hallways and thereby to interior elevators, lobbies and/or stairways, through which access to the exterior is gained. Motels and motor courts are not included in this definition and are prohibited in all zoning districts.

[Amended 3-24-2016 by L.L. No. 3-2016; 6-13-2019 by L.L. No. 3-2019; 6-22-2023 by L.L. No. 9-2023]

INDUSTRIAL OR OFFICE PARK

A tract of land providing for more than one industrial use as defined under "industry, light" and/or business, research and professional office use, designed, maintained and operated as a unit in single ownership or control and sharing certain facilities in common, such as driveways, parking areas, drainage, utilities and screening.

INDUSTRY, LIGHT

Enterprise engaged in the manufacture, predominantly from previously prepared materials or finished products or parts including processing, fabrication, assembly, treatment, packaging, incidental indoor storage, sales and distribution of such products, but excluding chemical processing. Finished products shall not exceed 40 cubic feet or weigh more than 2,000 pounds per unit. Light industry is capable of operation in such a manner as to minimize external effects such as smoke, noise, soot, dirt, vibration, odor, etc., which impacts shall meet or exceed the highest applicable standards established by federal or state agencies.

JUNKYARD

Any area of land, including buildings thereon, which is used for the collecting, storage and/or sale of wastepaper, rags, scrap metal or discarded material or for the collecting, dismantling, storage or salvaging of machinery or vehicles and/or for the sale of parts thereof.

LANDSCAPING BUSINESS/NURSERY

An establishment that conducts the retail sale and/ or wholesale sale of plants, trees or shrubs, as well as accessory items (but not including power equipment or other machinery) directly related to their care or maintenance, subject to the requirements of § 310-34.

LIVESTOCK

Domestic animals kept for use on a farm or raised for sale and profit.

LOT

A parcel of land, coincident with a lot or lots shown on a map of record (filed in the County Clerk's office), which is occupied or which is to be occupied by a building and its accessory buildings, if any, or by a group of buildings accessory thereto, if any, together with the required open spaces appurtenant to such building or group of buildings.

LOT AREA

[Amended 3-24-2016 by L.L. No. 2-2016; 6-25-2020 by L.L. No. 5-2020]

For purposes of residential subdivisions and all nonresidential uses, lot area shall be determined as follows:

(a)

From the tract's metes and bounds, calculate, by mathematical formula or by accurate planimetry of the horizontal plane, the total gross lot area.

(b)

Deduct from the gross lot area as defined in Subsection (2)(a) above all Village, state- or federally designated wetlands, any land subject to flooding or ponding based on the twenty-five-year design storm inundation, public or utility rights-of-way, public utilities or lands otherwise unsuitable for development as determined by the Planning Board based upon existence of natural or man-made features not to be disturbed.

(c)

Deduct from the gross lot area as defined in Subsection 2(a) above the sum of:

[1]

Twenty percent of all lands classified as steep slopes (slopes with a topographical gradient equal or greater than 15% but less than 25%);

[2]

Fifty percent of all lands classified as very steep slopes (slopes with a topographical gradient equal or greater than 25%, but less than 35%); and

[3]

Eighty percent of all lands classified as excessively steep slopes (slopes with a topographical gradient greater than 35%).

(d)

Calculate the remainder net lot area by subtracting Subsection (2)(b) and (c) above from Subsection 2(a); this land must equal or exceed the minimum lot area required in the zone. When two or more deductions overlap, the area shall be deducted from lot area once.

In addition to the above, an area of at least 80% of the gross minimum lot area requirement in the applicable zone shall be contained in land with slopes of less than 15%. The Planning Board may permit a portion of this remaining area to contain easements and other areas deducted from the gross area in Subsection (2)(b) above if it determines that these areas, which are frequently along the boundary lines of parcels, do not impact the ability of the lot to be properly developed.

MINI SELF-STORAGE FACILITY

The computation of minimum net lot area for establishing the number of development lots shall be based on original predevelopment land conditions. Additionally, the final subdivision layout shall produce lots fully complying with this criterion in their proposed developed configuration.

LOT, CORNER

A lot at the junction of and abutting on two or more intersecting streets where the interior angle of the intersection does not exceed 135°. A lot abutting a curved street shall be deemed a corner lot if the tangents to the curve at the points of intersection of the side lot lines with the street lines intersect at an interior angle of less than 135°. For purposes of defining yards, a corner lot shall have two front yards and one rear yard opposite the front entrance and one side yard.

LOT, FLAG

A lot located in such a position that it is to the rear of some other lot fronting on the same street and which rear lot is served by means of a private accessway, which is part of the lot.

LOT LINE, FRONT

The property line of a lot coinciding with the street line of the street upon which the lot fronts.

LOT LINE, REAR

The property line of a lot opposite and generally parallel to the front lot line.

LOT LINE, SIDE

Any lot line other than a front or rear lot line.

LOT, THROUGH

A lot which fronts upon two streets which do not intersect at the boundaries of the lot.

LOT WIDTH

The minimum distance between the side lines of a lot, measured at the required front yard setback line.

MARTIAL ARTS STUDIO

An establishment where individual or group classes are held or participants go to practice or perform any of the commonly accepted forms of martial arts.

MEDICAL/DENTAL OFFICE

Offices occupied by a medical or dental professional who regularly sees patients for medical treatment or care but with no patients staying overnight.

MEMBERSHIP CLUB

A land and/or building containing uses such as but not limited to recreational facilities, clubhouses and usual accessory uses, open only to members and their guests for a membership fee.

A facility comprised of buildings or structures in existence on July 1, 1999, used or designed to be used as a warehouse, as defined herein, converted into separate, individually accessible, leasable or rentable storage spaces of varying sizes, generally limited to a maximum of 600 square feet per unit, where access to all units is from the interior.

MOBILE HOME

A vehicle or structure with a body width exceeding eight feet or a body length exceeding 32 feet, which may be towed on its own running gear and which may be temporarily or permanently affixed to real estate, used for nontransient residential purposes and which conforms to American Standards Association Code Provision A-119, as amended, American Standard for Installation in Mobile Homes of Electrical, Heating and Plumbing Systems or Manufacturers' Association Mobile Home Standards for Plumbing, Heating and Electrical Systems.

MOBILE HOME COURT OR PARK

A parcel of land under single ownership or control occupied by two or more mobile homes used for residential purposes, including appurtenant facilities.

MOTEL

A facility offering rooms for transient (occupied for less than 30 consecutive days) lodging accommodations for compensation to the general public and which access to the room is gained through exterior stairs or parking areas.

[Amended 6-13-2019 by L.L. No. 3-2019; 6-22-2023 by L.L. No. 9-2023]

NONCONFORMING BUILDING

A structure lawfully existing at the effective date of this chapter, or any amendment thereto affecting such structure, which does not conform to the building regulations of this chapter for the district in which it is situated, irrespective of the use to which such structure is put.

NONCONFORMING LOT

A lot, the area or dimension of which was lawful prior to the adoption, revision or amendment of a zoning ordinance but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

NONCONFORMING USE

Any use of a building or structure, lot or land, or part thereof, lawfully existing at the effective date of this chapter, or any amendments thereto affecting such use, which does not conform to the regulations of this chapter for the district in which it is located.

NURSERY SCHOOL

Any private school, accredited by the Education Department of the State of New York, designed to provide daytime care or instruction for not more than 75 children from two to six years of age inclusive, operated five days per week and not less than seven months per year.

OFFICE (GENERAL/PROFESSIONAL)

Administrative, executive, professional, research, or similar business having only limited contact with the public. This does not include doctors, dentists or other medical professionals.

OPEN SPACE (FOREVER GREEN)

Any land required to be left undeveloped in its natural state as a precondition of approval of a proposed subdivision, cluster or planned unit development.

OUTDOOR RECREATION FACILITY

A facility whereby patrons pay a fee to utilize permitted outdoor activities, including but not limited to skiing, snowboarding, snow tubing, tennis, swimming, ice skating, horseback riding or hiking.

OUTDOOR STORAGE

The storage of building supplies, raw materials, finished products, machinery and equipment not within a building and screened by an opaque sight barrier not greater than eight feet in height. In no case shall materials be stored so as to exceed the height of the sight barrier.

PARKING AREA OR SPACE, OFF-STREET

An off-street space available for the parking of one motor vehicle with an area not less than nine feet by 18 feet, exclusive of passageways and driveways appurtenant thereto and giving access thereto, and having direct access to a street or alley.

PARKING LOT

An off-street, ground-level area with a dustless surface and improved proper markings, drainage, etc., for the temporary storage of motor vehicles.

PATIENT OR OTHER ACCOMMODATION UNIT

Bed space designed for occupancy or used by one occupant of a hospital, sanitarium or nursing home, including such space occupied by each owner and each member of his family and each employee and member of the staff.

PERFORMANCE GUARANTY

Any security, in accordance with the requirements of this chapter, which may be accepted by the Village Board as a guaranty that on-site and public improvements required as part of an application for development are satisfactorily completed.

PERSON

Any association, partnership, corporation, cooperative group, trust or other entity, as well as an individual.

PERSONAL SERVICE

An establishment primarily engaged in providing services involving the specialized care of a person or a person's apparel, including but not limited to beauty shop, nail salon, barber shop, tailor shop or exercise, martial arts or dance studio.

PLACE OF WORSHIP

A building designed or adapted for use by a religious organization for conducting formal religious services or religious assembly on a regular basis.

PLANNING BOARD

The Planning Board of the Village of Woodbury.

PLAT

A map, plan or layout of an area of land or subdivision indicating the location and boundaries of the lots, plots, blocks or sites, with or without streets.

PRINCIPAL BUILDING

A building or buildings occupied by the principal use on a site.

PRINCIPAL USE

The primary use of a building, structure or site; generally that use requiring the largest lot size, setback or buffer within the zoning district in which it is located.

PUBLIC SEWER AND PUBLIC WATER

Communal sewage disposal systems and communal water supply systems owned and operated by a public agency.

PUBLIC UTILITY

A use necessary for the safe and efficient operation of a gas, water, communication, electric or sewage disposal system for the benefit of the public.

QUARRY or QUARRYING OPERATIONS

Any place where stone, sand, gravel, minerals or other natural material, except topsoil, is removed prior to processing for the purpose of sale or any other commercial purpose other than such as may be incidental to excavating or regrading in connection with or in anticipation of building development or landscaping on the site.

RECREATIONAL VEHICLE

A vehicular-type portable structure without permanent foundation, which can be towed, hauled or driven and primarily designed as temporary living accommodation for recreational, camping and travel use, including but not limited to travel trailer, trucks, campers, camping trailers and self-propelled motor homes.

RESTAURANT

Any premises where food is commercially sold for on-premises consumption to patrons seated at tables or counters where table service and printed menus are provided. Any facility without table service and printed menus and/or making use of carhop or parking lot service to cars or where the food is to be eaten outside of the structure, off the premises, shall not be considered a restaurant for the purpose of this chapter and shall be deemed to be a drive-in or fast-food restaurant.

RESTAURANT, DRIVE-IN OR FAST-FOOD

Any establishment whose principal business is the sale of foods, frozen desserts or beverages to the customer in a ready-to-consume state, usually served in paper, plastic or other disposable containers, for consumption within the restaurant building, elsewhere on the premises, or for carry-out, for consumption off the premises.

RETAIL BUSINESS

An establishment engaged in selling or renting goods or merchandise to the general public in small quantities for personal and/or household consumption or business use and rendering services incidental to the sale of such goods. A "gas station" or "automobile service station" shall not be considered a retail business. Establishments which sell prepared sandwiches or other food, with no table service, for consumption mainly off the premises but who may have up to 14 seats will be considered retail for the purposes of this chapter.

RIDGE PRESERVATION VIEW CORRIDOR

Those state and county roadways designated on the Zoning Map from which development at elevation of 600 feet or higher along ridges and hillsides is visible.

RIDING ACADEMY

Any establishment where horses are kept for riding, driving or stabling for compensation or incidental to the operation of a ranch or similar establishment.

SATELLITE EARTH STATION

A combination of:

An antenna or dish antenna whose purpose is to send or receive communication or other signals from orbiting satellites and other extraterrestrial sources.

A low-noise amplifier (LNA) which is situated at the focal point of the receiving and sending component and whose purpose is to magnify and transfer signals.

SATELLITE EARTH STATION HEIGHT

A coaxial cable whose purpose is to send or carry the signals into the interior of the building.

The height of the antenna or dish measured vertically from the bottom of the base which supports the antenna to the highest point of the antenna or dish when positioned for operation.

SCHOOL, PRIVATE

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

An institution under the jurisdiction of a school district or other public agency and legally constituted by the State of New York to offer free formal education to residents of the district.

SERVICE BUSINESS (NONPERSONAL)

A business or nonprofit organization that provides services to the public, either on or off premises, including but not limited to building, electrical, plumbing, landscaping contractor with no sale of products, taxi service, educational services, cleaning, locksmith, photocopying, printing services of less than 5,000 square feet, repair and restoration.

SHOPPING CENTER

A group of stores, shops and similar establishments occupying a single or adjoining structures, all of which may be deemed one building if designed as an architectural unit and if it has adequate space in the rear for loading and unloading commodities and provides ample space for off-street parking for patrons.

SIGN

Any message attached to any structure or part thereof or represented thereon, which shall display or include any letter, word, model, symbol, banner, pennant, insignia, device or representation used as or which is in the nature of an announcement, direction or advertisement. The term "sign" includes the words "billboards," "freestanding sign" and "interior sign," as well as a flag, pennant or insignia of any nation, state, city or other political unit or of any political, educational, charitable, philanthropic, civic, professional, religious or like campaign, drive, movement or event.

SITE PLAN

A development plan for one or more lots on which is shown:

The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways.

The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting and screening devices.