City of Troy, NY Word Usage and Definitions

A commercial establishment where a substantial portion of the establishment includes an adult bookstore, adult eating or drinking establishment, adult theater, or other adult commercial establishment, or any combination thereof, as defined below:

(a)

ADULT BOOKSTOREA bookstore which has as a substantial portion of its stock-in-trade in any one or more of the following:

Books, magazines, periodicals or other printed matter which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas;" or[2]

Photographs, films, motion pictures, videocassettes, slides or other visual representations which are characterized by an emphasis upon the depiction of "specified sexual activities" or "specified anatomical areas."

(b)

ADULT EATING OR DRINKING ESTABLISHMENTAn eating or drinking establishment which regularly features any one or more of the rollowing:

Live performances which are characterized by an emphasis on "specified anatomical areas" or "specified sexual activities;"

Films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas;" or

[3]

Employees who, as part of their employment, regularly expose to patrons "specified anatomical areas," and which is not customarily open to the general public during such features because it excludes minors by reason of age.

(c)

ADULT THEATER A theater which regularly features one or more of the following:

Films, motion pictures, videocassettes, slides or similar photographic reproductions characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas;" or

Live performances characterized by an emphasis on "specified anatomical areas" or "specified sexual activities," and which is not customarily open to the general public during such features because it excludes minors by reason of age. An adult theater shall include commercial establishments where such materials or performances are viewed from individual enclosures.

(d)

Another adult commercial establishment is a facility, other than an adult bookstore, adult eating or drinking establishment, adult theater, commercial studio, or business or trade school, which features employees who, as part of their employment, regularly expose to patrons "specified anatomical areas" and which is not customarily open to the general public during such.

(e)

SPECIFIED SEXUAL ACTIVITIESHuman genitals in a state of sexual stimulation or arousal; actual or simulated acts of human masturbation, sexual intercourse or sodomy; or fondling or other erotic touching of human genitals, pubic region, buttock, anus or female breast.

(f)

SPECIFIED ANATOMICAL AREASLess than completely and opaquely concealed human genitals, pubic region, human buttock, anus, or female breast below a point immediately above the top of the areola; or human male genitals in a discernibly turgid state, even if completely and opaquely concealed.

For the purpose of determining whether a "substantial portion" of an establishment includes an adult bookstore, adult eating or drinking establishment, adult theater, or other adult commercial establishment, or combination thereof, the following factors shall be considered: the amount of floor area and cellar space accessible to customers and allocated to such uses and the amount of floor area and cellar space accessible to customers and allocated to such uses as compared to the total floor area and cellar space accessible to customers in the establishment.

AUTO SALES AND RENTAL LOT

For the purpose of determining whether a bookstore has a "substantial portion" of its stock in materials defined in Subsections (1)(a)[1] or (1)(a)[2] hereof, the following factors shall be considered: the amount of such stock accessible to customers as compared to the total stock accessible to customers in the establishment; and the amount of floor area and cellar area accessible to customers containing such stock; and the amount of floor area and cellar space accessible to customers containing such stock as compared to the total floor area and cellar space accessible to customers in the establishment.

ALLEY

A narrow service way providing a secondary public means of access to abutting properties.

ALTERATIONS

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

ANTENNA

See "satellite dish."

[Added 12-3-2009 by L.L. No. 4-2009]

AREA, BUILDING

The total area of a lot covered by all buildings thereon, both principal and accessory, measured by the exterior dimensions of such buildings, but not including uncovered porches, steps and terraces.

AREA, LAND

The term "land area," when referring to the required area per dwelling unit, means "net land area," the area exclusive of streets and public lands.

ARENA

See "stadium."

[Added 12-3-2009 by L.L. No. 4-2009]

AUTOMOTIVE 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. Also "car wash."

[Added 12-3-2009 by L.L. No. 4-2009]

A premises, including open areas other than a street or right-of-way and including showrooms enclosed within a building, used for the display, rental or sale of automobiles, boats, mopeds, motorcycles, snowmobiles, trucks and recreational vehicles.

AUTO SERVICE STATION

A private property and/or structure at which motor vehicle repairs and maintenance activities are performed on vehicles other than those belonging to members of the operator's immediate family and which are primarily for personal transportation and where the services of a gasoline filling station may be provided. Motor vehicle repair shall not include body work, painting or motor vehicle sales.

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 finished grade of the ground adjoining the building.

BED-AND-BREAKFAST

A home occupation, as defined below, which can accommodate no more than six guests at any given time for a period of no longer than seven days, having no meals served with the exception of breakfast.

BEDROOM

See "sleeping unit."

[Added 12-3-2009 by L.L. No. 4-2009]

BLOCK

The length of a street between two intersections, excluding intersections with alleys.

BOARDINGHOUSE

A dwelling occupied by one family with at least three and no more than 10 boarders, roomers or lodgers in the same household, who are lodged with or without meals, and in which there are provided such services as are incidental to its use as a temporary residence for part of the occupants and distinguished from a bed-and-breakfast.

BODY ART

Art that is made on, with, or consisting of the human body. The most common forms of body art are tattoos and body piercings.

[Added 12-3-2009 by L.L. No. 4-2009]

BODY PIERCING

A piercing or puncture made in the body by a needle, where jewelry is inserted.

[Added 12-3-2009 by L.L. No. 4-2009]

BOUTIQUE

A small-scale retail sales establishment engaged in the sale of specialty goods, carrying selected fashions of unique merchandise of high quality and price.

[Added 5-7-2015 by Ord. No. 47; amended 6-2-2016 by Ord. No. 45]

BUILDING

Any structure having a roof and used for the shelter, housing or enclosure of persons, animals or property.[3]

BUILDING HEIGHT

The vertical distance to the highest point of the roof, if it is flat, or to the mean level between the eaves and the highest point of the roof, if the roof is of any other type, measured as follows:

If the building adjoins the front property line or is not more than 10 feet distance therefrom, measured at the center of the front wall of the building from the established grade of the curb or, if no grade has been officially established and no curb exists, measured from the average level of the finished ground surface across the front of the building.

If the building is more than 10 feet from the front property line, measured from the average level of the finished grade adjacent to the exterior walls of the building. Where the finished grade surface is made by filling, the level of such finished grade, for the purpose of this definition, shall be deemed to be no more than three feet above the established grade of the curb.

CHILD-CARE FACILITY (DAY-CARE FACILITY)

When a lot fronts on two or more streets of different levels, the lower street or the average elevation of the lot with regard to the abutting streets may be taken as the base for measuring the height of the building.

BUILDING LENGTH

The horizontal distance between the furthermost walls of a building, measured along or parallel to the axis of the longest side or greatest length.

BUILDING, MAIN

A building or buildings in which is conducted the main or principal use of the lot on which said building(s) is/are situated.

BUILDING, TEMPORARY

A temporary building or a temporary structure is one erected, constructed or placed upon the premises to exist there for a brief or temporary duration of time not exceeding nine months. All other buildings or structures, except contractors' sheds or offices on construction sites, shall be deemed and considered as permanent for the purposes of this chapter.

BUILDING WIDTH

The horizontal distance between the furthermost walls of a building, measured at right angles to the axis of its longest side or greatest length.

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.

CERTIFICATE OF OCCUPANCY

A written document issued by the Director of Code Enforcement granting occupancy of any property for any legal purpose. Granting of the CO shall be made based on compliance with all applicable codes and ordinances, unless variances have been granted therefrom by the appropriate authorized bodies.

A structure or structures as defined by Article 6 of Title 5-a, § 410-e, of the New York State Social Services Law.

CHURCH

Any structure used for worship or religious instruction, including social and administrative rooms accessory thereto.

CLUB, MEMBERSHIP

A nonprofit organization, having a board of directors and adopted bylaws, which owns, leases or rents a building used for catering exclusively to members and their guests or land and buildings used for recreational, social or athletic purposes, which organization, land or buildings are not conducted or used primarily for monetary gain, and provided no merchandising or commercial activities are conducted except as required generally for the membership of such club.

COLLEGE

An educational institution authorized by New York State to award baccalaureate or higher degrees.

[Added 12-3-2009 by L.L. No. 4-2009]

COMMERCIAL RECREATION (AMUSEMENT) FACILITY

Any area of land or water, including any building or group of buildings, open to use by or catering to the general public, where recreational, athletic or amusement facilities are provided, and operated primarily for profit, including controlled-access facilities accessory to commercial uses, but not including any outdoor or drive-in theaters or facilities for automobile or animal racing.

COMMUNITY CENTER

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

[Added 12-3-2009 by L.L. No. 4-2009]

COMMUNITY GARDEN

A plot of land owned or leased by a nonprofit organization, utilized for the sole purpose of planting and harvesting plants and vegetables by members of the community who contract with said organization for this purpose.

[Added 12-3-2009 by L.L. No. 4-2009]

COMMUNITY RESIDENTIAL FACILITY

As defined in § 463 of the New York State Social Services Law, it is a facility operated or subject to licensure by the state which provides a supervised residence for emotionally, physically, or socially disabled persons or for persons in need of supervision or juvenile delinquents. This term includes, but is not limited to, agency-operated boarding homes, group homes or private proprietary homes for adults operated or licensed by the Department of Social Services, group homes operated by, contracted for or licensed by the Division for Youth and halfway houses operated or licensed by the Division of Substance Abuse Services. The term does not include community residential facilities for the disabled as defined in § 41.34 of the New York State Mental Hygiene Law.

[Amended 12-3-2009 by L.L. No. 4-2009]

CONGREGATE LIVING FACILITIES

Apartments, dwelling units, and dwellings with communal dining or bathing facilities and/or services, such as housekeeping, organized social and recreational activities, transportation services, and other support services appropriate for the residents.

[Added 12-3-2009 by L.L. No. 4-2009]

CONVENIENCE STORE

A grocery retail store less than 1,500 square feet, limited to one floor, where no less than 75% of said square footage is allowed is allocated to the sale of foodstuffs including fresh fruits and vegetables.

[Added 5-7-2015 by Ord. No. 47; amended 6-2-2016 by Ord. No. 45]

COURT

An open unoccupied space, other than a yard, on the same lot with a building or group of buildings and which is bounded on two or more sides by such building or buildings.

COURT DEPTH

The horizontal dimension of a court at right angles to its width.

COURT, INNER

A court, with or without an entrance, that is enclosed on all sides by exterior walls of a building.

COURT, OUTER

A court enclosed on not more than three sides by exterior walls with one side or end open to a street, yard, driveway or alley.

COURT WIDTH

The width of an outer court is the horizontal dimension which is substantially parallel to the principal open end of such court. The width of an inner court is its least horizontal dimension.

CULTURAL FACILITY, NONPROFIT

An establishment owned or leased by a board of directors, having bylaws and operated in a nonprofit fashion for the purpose of exhibiting art and artifacts, conducting educational activities and performances.

DELICATESSEN

An establishment selling cooked or preserved foods such as meats, prepared salads, desserts, cheeses, pickles, sandwiches, soft drinks, etc., generally for consumption off the premises and with a seating area which can accommodate no fewer than 10 patrons.

[Added 5-7-2015 by Ord. No. 47; amended 6-2-2016 by Ord. No. 45]

DIRECTOR OF CODE ENFORCEMENT

The administrative official of the City of Troy who is empowered by law to enforce compliance with this chapter (also known as the "Director").

DORMITORY

A building utilized as a residence exclusively for students of a college, university or school and owned and operated by said college, university or school.

DRIVE-THROUGH FACILITY

Any portion of a building or structure from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle during such business transactions. A drive-through facility is considered an accessory use. An automobile service station is not considered a drive-through facility for purposes of this chapter.

[Added 12-3-2009 by L.L. No. 4-2009]

DWELLING or RESIDENCE

A building containing one or more dwelling units but shall not include a hotel, motel or hospital.

DWELLING UNIT

One or more rooms designed for occupancy by one family for cooking, living and sleeping purposes.

ESSENTIAL SERVICES

Services that are indispensable to the community as a whole and to individual dwellings and establishments. Such services are generally provided by the municipality or a public utility; and included, among others, are police and fire protection, sewer and water service, electricity, gas (natural and propane) and refuse collection.

FAMILY

One or more persons related by blood, marriage or adoption, living and cooking together, exclusive of household servants; a number of persons living together as a single housekeeping unit, although not related by blood, adoption or marriage, shall be deemed to constitute a family unit.

[Amended 10-2-2003 by L.L. No. 4-2003]

FINANCIAL INSTITUTION

A building or structure utilized for the direct transactional services to the public, including the maintenance of checking and savings accounts, certificates of deposits, etc., and the providing of related incidental financial services associated with a bank.

[Added 12-3-2009 by L.L. No. 4-2009]

FLOOR AREA

The sum of the gross horizontal area of the floors of a building and its accessory buildings on the same lot, excluding cellar areas not devoted to the principal use of the building but including the area of roofed terraces. All dimensions shall be measured between exterior faces of walls.

FLOOR AREA RATIO

Numerical value obtained by dividing the floor area within a building or buildings on a lot by the area of a lot.

FRATERNITY HOUSE or SORORITY HOUSE

A building used and occupied by a fraternity or sorority composed of college or university students and containing and providing domestic dwelling and/or social facilities and services thereto.

FRONTAGE

See "lot line, front."

FUNERAL HOME

The business establishment of a funeral director or undertaker which includes facilities for the conduct of funeral services and/or embalming.

GARAGE, COMMERCIAL

A building or premises used for the purpose of storage, repair, sale and/or servicing of motor vehicles, including auto body work, painting, major repairs or mechanical car wash.

GARAGE, PRIVATE

An accessory building or part of a main building intended primarily for the permitted storage of motor vehicles belonging to the owner or occupant of the building.

GARAGE, PUBLIC

A building or part thereof used for the business of storage, care and repair or rental of motor vehicles, with or without the sale of motor fuels or motor vehicle parts or accessories.

GASOLINE FILLING STATION

A property and/or structure which is used primarily for the retail sale of gasoline or other fuel for the propulsion of motor vehicles. Services may include the incidental sales of motor oil or other fluids for vehicles.

GIFT SHOP

A retail store offering a variety of small gift items, as opposed to stores offering primarily specific lines of merchandise such as toys, clothing, or sporting goods.

[Added 5-7-2015 by Ord. No. 47; amended 6-2-2016 by Ord. No. 45]

GRADE, ESTABLISHED STREET

The permanent established elevation of the center line of a street in front of the midpoint of the lot.

GRADE, FINISHED

The finished grade at any point along the wall of a building shall be the elevation of the completed surfaces of the lawns, walks and roads adjoining the wall at that point.

GROCERY STORE

Any retail establishment no larger than 5,000 square feet where no less than 75% of said footage is allocated for the sale of foodstuffs, including fresh fruits and vegetables, are regularly and customarily sold for consumption off the premises.

[Added 5-7-2015 by Ord. No. 47; amended 6-2-2016 by Ord. No. 45]

HARDSHIP, UNNECESSARY (LEGAL)

The result of a requirement of this chapter that deprives a property owner of any reasonable economic use of his/her land, building or structure equivalent to the use made of land, buildings or structures on other properties in the same zone district.

HEALTH-RELATED FACILITY (HRF)

A structure or combination of structures whose purpose is to provide medical diagnosis and/or treatment either in a residential or nonresidential setting.

HEALTH-RELATED FACILITY, INTENSIVE

An HRF in excess of 20,000 square feet or in combination of at least 20,000 square feet, including but not limited to:

A hospital as defined in Article 28, § 2801 of the New York State Public Health Law;

A nursing home as defined in Article 28, § 2801 of the New York State Public Health Law;

HEALTH-RELATED FACILITY, NONINTENSIVE

A clinical laboratory as defined in Article 5, § 571 of the New York State Public Health Law;

(4)

A blood bank as defined in § 571 of the New York State Public Health Law;

(5)

Outpatient diagnostic and/or treatment facilities;

(6)

An organization established to provide a comprehensive, cohesive living arrangement for the elderly, philosophically oriented to the enhancement of the quality of life and physically focusing on a core of services in a residential setting, which shall include, at a minimum, housing, health-related and nursing services, and a residential health-care facility; such community shall be for people who pay an entry fee and a monthly maintenance fee and is herein defined as a continuing retirement community (congregate living facility); and

(7)

A hospice, respite care facility and other uses accessory to the HRF.

An HRF of less than 20,000 square feet or in combination of less than 20,000 square feet.

HOME BUSINESS

See "home occupation."

[Added 12-3-2009 by L.L. No. 4-2009]

HOME OCCUPATION

An occupation, profession, or activity carried out for gain that is clearly a customary, incidental, and secondary use of a residential dwelling unit and which does not alter the exterior of the property or affect the residential character of the neighborhood. Also "home business."

[Amended 12-3-2009 by L.L. No. 4-2009]

HOTEL or MOTEL

A building or group of buildings, detached or connected, consisting of at least six rooms used primarily for the provision of sleeping accommodations for the transient public, and which may provide additional services such as restaurants, meeting rooms, and recreational facilities.

[Amended 12-3-2009 by L.L. No. 4-2009]

HOUSEHOLDER

An individual who resides in a dwelling unit and who owns, rents or otherwise has legal possession of such unit.

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.

[Added 12-3-2009 by L.L. No. 4-2009]

KENNEL

Any establishment where four or more dogs, cats and/or other animals (not including livestock) are cared for or sheltered for the purpose of sale, breeding, training or exhibition, or are boarded for a fee, or are sheltered for humanitarian reasons. The term "kennel" does not include veterinarian offices or pet stores.

LIGHT INDUSTRIAL

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.

[Added 12-3-2009 by L.L. No. 4-2009]

LOADING SPACE

Any off-street area available for the loading or unloading of goods, not less than 14 feet wide, 60 feet long, and 15 feet high (if covered in any manner), and having direct usable access to a street; except that one such loading space lying alongside, contiguous to, and not separated from such first loading space, need not be wider than 12 feet.

LOT

A parcel of land, not divided by streets, devoted or to be devoted to a particular use, or occupied or to be occupied by a building or buildings, together with such open spaces as are required under the provisions of this chapter, and having its principal frontage on a street, as defined in this chapter.

LOT AREA

The total horizontal area included within lot boundaries.

LOT, CORNER

A lot located at the junction of and fronting on two or more intersecting streets. Any other lot is an "interior lot."

LOT COVERAGE

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

LOT DEPTH

The average horizontal distance between the front and real lot lines, measured perpendicular to the front lot line.

LOT GRADE

The average elevation of a parcel of property.

LOT, INTERIOR

A lot other than a corner lot.

LOT, THROUGH

A lot having frontage on two streets and not a corner lot.

LOT WIDTH

The average horizontal distance between the side lot lines, measured parallel to the front lot line.

LOT LINES

The property lines bounding a lot, as defined herein.

LOT LINE, FRONT

In the case of a lot abutting only one street, it is the line separating the lot from the City right-of-way; in the case of any other lot, the owner shall, for the purpose of this chapter, have the privilege of electing any street lot lines as the front lot line.

LOT LINE, REAR

The lot line which is generally opposite the front lot line; if the rear lot line is less than 10 feet in length or if the lot comes to a point at the rear, the rear lot line shall be deemed to be a line parallel to the front line, not less than 10 feet long, lying wholly within the lot and farthest from the front lot line.

LOT LINE, SIDE

The property line or lines extending from the front lot line to the rear lot line.

LOT OF RECORD

A lot which is a part of a subdivision, the map of which has been recorded in the office of the County Clerk of Rensselaer County.

NEIGHBORHOOD COMMERCIAL

A limited retail or service business operating solely on the ground floor of a principal building with a footprint of no more than 2,500 square feet that provides goods and services to adjacent residential neighbors. Neighborhood retail establishments shall include, but not be limited to, grocery stores, personal care services, laundromats, florists, pharmacies, bakeries, and other establishments serving the surrounding neighborhood.

[Added 12-3-2009 by L.L. No. 4-2009]

NIGHTCLUB

An establishment primarily engaged in the sale and service of alcoholic and non-alcoholic 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 or adult use.

[Added 12-3-2009 by L.L. No. 4-2009]

NONCONFORMING USE, LOT OR BUILDINGS

A use, lot or building lawfully existing prior to enactment, revision or amendment of this chapter, which does not comply with the restrictions, regulations and provisions of this chapter as applied to, and determined from, the zone or district in which such use, lot or building is located by reason of such enactment, revision or amendment.

[Amended 10-2-2003 by L.L. No. 4-2003]

NONPUBLIC SCHOOL

A private school furnishing a comprehensive curriculum of academic instruction similar to that of a public school on the kindergarten, primary and/or secondary level.

OFFICE, BUSINESS

Office for a person or persons providing services of a nature not defined as professional.

OFFICE, PROFESSIONAL

Office for a person or persons whose vocation or occupation required advance training in some liberal art or science and is usually more involved with mental rather than manual labor. Examples include but are not limited to the following: offices of a lawyer, clergyman, physician, dentist, architect, engineer or accountant. If the professional office meets the home occupation criteria (see “home occupation,” above), it shall be considered a home occupation.

OPEN SPACE

An unoccupied space open to the sky and unoccupied by buildings or obstructions.

OPEN SPACE, USABLE

Open space reserved for recreation and leisure use to serve adjacent residential development. Such space shall be of grade and dimension as to be in fact usable for recreation, with at least 75% of the area having a grade of less than 5%and with no dimension less than 20 feet, and shall be located conveniently to building entrances and not less than 10 feet away from any residence structure and any lot line.

PARKING LOT

A lot devoted to the temporary parking of automobiles defined by a boundary, with parking spaces delineated.

PARKING SPACE

An area required for parking one automobile, which in this chapter is held to be an area of 162 square feet not including passageways. (See Parking Regulations; Article VI, of this chapter).

PARKING STRUCTURE

A structure or building used to park cars. Includes parking garages, parking decks, and underground parking.

[Added 12-3-2009 by L.L. No. 4-2009]

PATIO

An unroofed area or courtyard which shall not be completely enclosed, except for any side which may adjoin a structure or for any fences, walls, shrubs, or hedges. Outdoor areas covered by a roof, trellis, or fixed awning shall be considered to be a structure.

PERMITTED USE

Any use which conforms tithe requirements of the zone in which it is located.

[Amended 12-3-2009 by L.L. No. 4-2009]

PERSONAL CARE SERVICES

Establishments primarily engaged in providing services involving the care of a person such as beauty shops, barbershops, nail salons, shoe repair, other salons, and tanning.

[Added 12-3-2009 by L.L. No. 4-2009]

PLANNING BOARD

The Troy City Planning Board being the same as a planning board, said latter term being contained in Article 3 of the General City Law. (See also § C-89 of the City of Troy City Charter.)[4]

RECYCLING CENTER

A lot or parcel of land, with or without buildings, upon which used returnable and/or refundable beverage containers not limited to solely bottles and may include cans and other materials are separated, sorted, stored and/or processed for shipment for eventual reuse in new products.

[Added 12-3-2009 by L.L. No. 4-2009]

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.

[Added 12-3-2009 by L.L. No. 4-2009]

RESIDENCE

A building containing one or more dwelling units. This shall not include hotel, motel, or HRF.

MULTIFAMILY, HIGH-RISEA dwelling no more than 250 feet high used solely as a dwelling and which contains at least three dwelling units.

MULTIFAMILY, HIGH-RISE, MULTIUSEA dwelling no more than 250 feet high which contains at least three dwelling units and which provides commercial and/or professional services on all or part of the first floor only.

TELECOMMUNICATION FACILITY

MULTIFAMILY, LOW-RISE, MEDIUM-DENSITY APARTMENT HOUSEA dwelling no more than 40 feet high which contains three or more dwelling units. A condominium or a townhouse is not an apartment house.

(4)

MULTIFAMILY, LOW-RISE, MEDIUM-DENSITY TOWNHOUSEA dwelling not more than 40 feet high containing three or more dwelling units, the units of which are individually owned, each owner receiving a deed enabling him/her to sell, mortgage or change his/her unit independent of the owners of the other units in the dwelling.

(5)

SINGLE-FAMILY, ATTACHED AND SEMIATTACHEDA dwelling not more than 40 feet high containing at least three dwelling units separated by party walls. The land upon which each unit is located is in individual ownership.

(6)

MULTIFAMILY, MEDIUM-RISE, MULTIPLEXA dwelling no less than 40 feet, nor more than 90 feet high, used solely as a dwelling and which contains at least three dwelling units.

(7)

MULTIFAMILY, MEDIUM-RISE, MULTIUSEA dwelling no less than 40 feet, nor more than 90 feet high, which contains at least three dwelling units and which provides commercial and/or professional services on all or part of the first floor only.

(8)

SINGLE-FAMILY, DETACHEDA dwelling containing no more than one dwelling unit not abutting or connected to any other dwelling or building (except accessory buildings, e.g., garage, toolshed).

(9)

TWO-FAMILYA dwelling no more than 35 feet high, used exclusively as a dwelling and containing two dwelling units only.

(10)

TWO-FAMILY DUPLEXA dwelling containing two dwelling units side by side separated by party wall. Each unit is located on a separate lot.

RESTAURANT

A building or portion thereof where food and beverages, whether or not alcoholic beverages, are sold to the public for consumption on the premises. The sale of alcoholic beverages must be clearly incidental to the sale of food.

RESTAURANT, FULL-SERVICE

Any building, room, space or portion thereof where food is sold for consumption on the premises, customers are provided an individual menu, a restaurant employee serves the customers at the same table or counter where the items are consumed. A full-service restaurant may provide "accessory" delivery service, take-out service (except drive-through facilities unless otherwise permitted as an accessory use) and related retail sales items.

[Added 12-3-2009 by L.L. No. 4-2009]

RESTAURANT, TAKE-OUT

Any building, room, space or portion thereof where food or beverage is sold for consumption on-site or off-premises within a short period of time, orders are made at either a walk-up window or counter, payment is made prior to consumption, and packaging of food is done in disposable containers, or is not a full-service restaurant. A take-out restaurant may provide "accessory" delivery service, and related retail sales items (except drive-through facilities unless otherwise permitted as an accessory use).

[Added 12-3-2009 by L.L. No. 4-2009]

RETAIL

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.

[Added 12-3-2009 by L.L. No. 4-2009]

ROOMING HOUSE

A dwelling unit where group sleeping accommodations are provided in one room or a series of closely associated rooms under joint occupancy and single management in which there are provided common facilities for eating and living and in which there are provided such services as are incidental to its use as a residence.

[Amended 12-3-2009 by L.L. No. 4-2009]

SATELLITE DISH

A structure or device utilized for the receiving and/or transmitting of radio signals, not enclosed within a building or structure, and any form of satellite receiving dishes. It shall specifically exclude customary VHF and UHF TV antennae and TV/radio transmission towers licensed for public broadcast by the FCC.

[Added 12-3-2009 by L.L. No. 4-2009]

SETBACK

The distance measured from the property line to the building line.

SHELTER

A structure owned or leased by a nonprofit organization with a board of directors, having bylaws with the express purpose of providing temporary living quarters in a secure, supervised environment for individuals and/or families at risk.

SHOPPING CENTER

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

[Added 12-3-2009 by L.L. No. 4-2009]

SLEEPING UNIT

A room or space in which people sleep, which can also include permanent provisions for living, eating, and either sanitation or kitchen facilities but not both. The room or space must be a minimum 70 square feet for single occupancy and 120 square feet for double occupancy.

[Added 12-3-2009 by L.L. No. 4-2009]

STREET

A public or private thoroughfare which affords the principal means of access to abutting property, including avenue, way, drive, boulevard, highway, road and any other thoroughfare except an alley.

STREET LINE

The dividing line between a street and a lot.

STRUCTURAL ALTERATION

Any alteration in a building or other structure which changes the interdependence of the parts necessary to support the building or structure in a safe manner or definite integral organization.

STRUCTURE

Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.

[Amended 12-3-2009 by L.L. No. 4-2009]

STUDIO

A separate structure accessory to a residence containing facilities for light and heat but no kitchen facilities, to be used for purposes accessory to the main residential use.

[Added 12-3-2009 by L.L. No. 4-2009]

SUPERMARKET

A grocery retail outlet of at least 5,000 square feet which may allocate no more than 40% of said square footage for the sale of nonfood items.

[Added 5-7-2015 by Ord. No. 47; amended 6-2-2016 by Ord. No. 45]

TATTOO

A permanent marking made by inserting ink into the layers of the skin to change the pigment for decorative or other purposes.

[Added 12-3-2009 by L.L. No. 4-2009]

TATTOO PARLOR OR STUDIO

An established place of business for creating tattoos and piercings.

[Added 12-3-2009 by L.L. No. 4-2009]

TAVERN

An establishment used primarily for the serving of alcoholic beverages, including liquor, beer and/or wine, by the drink to the general public and where food or packaged liquors may be served or sold only as accessory to the primary use.

[Amended 12-3-2009 by L.L. No. 4-2009]

A structure for the sole purpose of sending or receiving communication signals, including cable television, telephone, radio, radar, television and microwave.

TERRACE

An open space without a permanent roof or fixed awning.

THEATER

A building or part of a building devoted to the presentation of theatrical or other entertainment performances, including the showing of motion pictures on a paid admission basis.

TRAVEL TRAILER

A movable vehicle used for living or sleeping quarters and standing on wheels or on rigid supports and lacking any of the following systems and equipment: plumbing, heating, electrical, cooking and refrigeration, as distinguished from mobile homes which have all of the above systems.

USE

The specific purpose, as defined in this chapter, for which land, water or a building or structure is designed, arranged, intended, or for which it is or may be occupied or maintained.

UTILITY, PUBLIC

Any person, firm, corporation or municipal agency duly authorized to furnish to the public, under public regulation, electricity, gas, water, steam, telephone, telegraph or cable television service.

VARIANCE

A special permission granted by the Zoning Board of Appeals to alter or waive the terms of this chapter as allowed by this chapter. (See § 285-33 for guidelines and criteria to be utilized in the review of variances.)

VARIETY STORE

Commercial establishments primarily engaged in the retail sale of a variety of merchandise in the low price range. Sales usually are made on a cash-and-carry basis, with the open selling method of display and customer selection of merchandise. These stores generally do not carry a complete line of merchandise, are not departmentalized, do not carry their own charge service, and generally do not deliver merchandise.

[Added 5-7-2015 by Ord. No. 47; amended 6-2-2016 by Ord. No. 45]

WAREHOUSING

The storage and distribution of manufactured products, supplies, and equipment, but excluding bulk storage of materials that are inflammable or explosive or that create hazardous or commonly recognized offensive conditions.

[Added 12-3-2009 by L.L. No. 4-2009]

WORK PERMIT (BUILDING PERMIT)

A document issued by the Director, authorizing specified work to be done and/or use to be made of projects.

YARD

An open space on the same lot with a building or group of buildings, which open space lies between the building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward, except for permitted accessory uses and structures and landscaping. In measuring a yard, as hereinafter provided, the line of a building shall be deemed to mean a line parallel to the nearest lot line, drawn from a point of a building or the point of a group of buildings nearest to such lot line, and the measurement shall be taken at right angles from the line of the building, as defined herein, to the nearest lot line.

YARD, FRONT

A yard extending across the full width of the lot and lying between the front line of the lot and the nearest permitted line of the building.

YARD, REAR

A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest permitted line of the building.

YARD, SIDE

A yard between the side of the lot and the nearest permitted line of the building and extending from the front yard to the rear yard or, in the absence of either of such yards, to the front or rear lot line, as the case may be.

Editor's Note: This local law also repealed the former definition of "acre (net acre)," which immediately followed this definition.