Newark, N.Y., Code of Ordinances ch. 90 (eCode360 ed. 2026) § 90-13

Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings indicated in this section: ACCESSORY BUILDING OR STRUCTURE A detached building or structure which is: 1) customarily incidental and subordinate to, and serves, a principal building on a property; 2) subordinate in area, extent or purpose to the principal building served; 3) contributing to the comfort, convenience or necessity of occupants of the principal building use; 4) located on the same parcel as the principal building. Private detached garages and greenhouses are included; truck trailers are not. ACCESSORY USE See "use, accessory." ALLEY A public right-of-way that affords a secondary means of access to abutting properties. AUTOMOBILE SALES SHOWROOM All enclosed establishments for the display and sale of new and used cars, trucks, trailers, mobile homes and boats, and shall not include open display or storage of such vehicles. BAR A business licensed to sell alcoholic beverages that will be consumed on the premises; includes taverns, night clubs, private clubs and similar facilities that serve liquor. BASEMENT The portion of a building that is completely or partially underground, having at least one-half of its height (the distance between the ceiling and the floor) below the average grade of the adjoining ground. BATHROOM Enclosed space containing one or more bathtubs or showers, or both, and which may also contain water closets, lavatories or fixtures serving similar purposes (see definition of "toilet room"). BEDROOM Any room or space used or intended to be used for sleeping purposes, including, but not limited to, any room with an adequate area to accommodate a bed and other furniture associated with a bedroom; privacy (e.g., a door); an emergency exit (e.g., a window); and may include a closet (a closet implies a bedroom, although lack of a closet does not preclude any room or space from being considered a bedroom if it meets the other criteria). BLOCK The length of a street between two intersections. BUILDING Any structure with a roof that is supported by columns or by walls and is intended to shelter, house or enclose persons, animals or property. BUILDING AREA The total of areas taken on a horizontal plane at the main finished grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces and steps. All dimensions shall be measured between exterior faces or walls. BUILDING CODE The building code officially adopted by the legislative body of the Village of Newark, or such other code as may be officially designated by the legislative body of the jurisdiction, for the regulation of construction, alteration, addition, repair, removal, demolition, use, location, occupancy and maintenance of buildings and structure. BUILDING FRONT LINE The line of that face of a principal building nearest the street line. For a corner lot, each building line facing a street line is considered a front building line. This face includes covered porches, whether enclosed or unenclosed, but does not include steps or ramps. BUILDING HEIGHT The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, and to the mean height between eaves and ridge for gable, hip, mansard and gambrel roofs. BUILDING INSPECTOR The official designated by the municipality to enforce building, zoning or similar laws and this chapter, or his or her duly authorized representative. BUILDING, ACCESSORY See "accessory building or structure." BUILDING, DETACHED An accessory building surrounded by open land. BUILDING, PRINCIPAL The structure in which the principal use of the property is conducted. CAMP Any area on which are located two or more cabins, shelters, houseboats or other accommodations of a design or character suitable for seasonal or other more or less temporary living purposes, regardless of whether such structures or other accommodations actually are occupied seasonally or otherwise. CELLAR The portion of the building partly underground, having half or more than half of its clear height below the average grade of the adjoining ground. CLUB, PRIVATE A building or use catering exclusively to private club members and their guests, used for recreational, athletic or organizational purposes and not operated primarily for profit. CODE ENFORCEMENT OFFICER The official who is charged with the administration and enforcement of this code, or any duly authorized representative. COURT An unoccupied open space other than a yard. An outer court is one which extends to the front, side or rear yards; an inner court is any other court. COVERAGE That percentage of the lot or land area covered by permanent structures. DORMITORY USE Includes a rooming house, fraternity, sorority, nurses' home, college dormitory used for lodging individuals and having common toilet and bathroom facilities. DWELLING A house or other building designed or used for human habitation. "Dwelling" does not include tourist homes, motels, hotels, bed-and-breakfasts or other structures designed for transient residence. A. BOARDINGHOUSE A dwelling where more than two - but fewer than six - rooms are provided for lodging for definite periods of time. Meals may or may not be provided, but there is one common kitchen facility. No meals are provided to outside guests. B. CONDOMINIUM The ownership of individual dwelling units located on a lot or lots which are owned in common by individual unit owners, or any division of the interests in real property, including easements and leases of over five years, that have the effect of permitting more than one dwelling unit on a lot without the division of the fee simple interest in said lot. C. DORMITORY A structure specifically designed for a long-term stay by students of a college, university or nonprofit organization for the purpose of providing rooms for sleeping purposes. One common kitchen and some common gathering rooms for social purposes may also be provided. D. MANUFACTURED HOME A factory-manufactured dwelling unit built on or after June 15, 1976, and conforming to the requirements of the Department of Housing and Urban Development (HUD), Manufactured Home Construction and Safety Standards 24 CFR Part 3208 , 4/1/93, transportable in one or more sections, which in the traveling mode is eight feet or more in width or 40 feet or more in length, or, when erected on site is 320 square feet minimum, constructed on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning and electrical systems contained therein. "Manufactured home" includes any structure that meets all the requirements of the definition except the size requirements with respect to which the manufacturer voluntarily files a certification required by HUD and complies with all standards established under the Manufactured Housing Construction and Safety Act of 1974, as amended. "Manufactured home" does not include any self-propelled recreational vehicle. (See also, "mobile/manufactured home park.") E. MIXED USE A building or buildings on one tax parcel that includes housing and one of the following or similar uses open to the public: office, retail, medical, recreational, and commercial uses, but excludes industrial uses. F. MOBILE HOME A factory-manufactured dwelling unit built prior to June 15, 1976, with or without a label certifying compliance with NFPA, ANSI or a specific state standard, transportable in one or more sections, which in the traveling mode is eight feet or more in width or 40 feet or more in length, or, when erected onsite, is 320 square feet minimum, constructed on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning and electrical systems contained therein. "Mobile home" shall not include travel trailers or any self-propelled recreational vehicle. G. MOBILE/MANUFACTURED HOME PARK A property of 10 acres or more under single ownership that is maintained by a licensed operator for two or more mobile/manufactured homes and buildings or other structures that may be pertinent to their use. Persons may own or rent their mobile/manufactured homes and are provided services or facilities necessary for the use of their homes on the property. H. MULTIFAMILY DWELLING A building or portion thereof used or designed as a residence for three or more apartments or dwelling units. I. ROW or TOWNHOUSE A building on its own separate lot containing one dwelling unit that occupies space from the ground to the roof and is attached to one or more other row or townhouse dwelling units by at least one common wall and having totally exposed front and rear walls. J. SEASONAL DWELLING A dwelling unit occupied only during certain seasons of the year for recreational purposes (beach cottages, camps, hunting cabin, vacation cottage, summer cottage, vacation lodge). K. SINGLE-FAMILY DWELLING A detached building containing only one dwelling unit. L. TWO-FAMILY DWELLING A detached or semidetached building where no more than two individual single-family dwelling units are entirely separated by vertical walls or horizontal floors. DWELLING UNIT One or more rooms connected for occupancy by one family through rental or lease on a weekly, monthly or longer basis, physically separated from any other rooms or dwelling units in the same structure, and containing independent cooking, sleeping and bathroom facilities. DWELLING, STATE LICENSED A. ASSISTED LIVING RESIDENCE (ALR) A special combination of housing, supportive services, personalized assistance and health care designed to respond to the individual needs of those elderly people who need help with activities of daily living. An ALR provides or arranges for housing, twenty-four-hour on-site monitoring, personal care (help with bathing, dressing, eating, grooming, and transferring), and/or home care services in a home-like setting to five or more adult residents. In addition, supportive services, socialization activities, meals, case management, and the development of an individualized service plan for each resident are also provided. Residents requiring continuing nursing or medical care are not eligible for an ALR. The facility has a central or private kitchen, dining, recreational and other facilities, with separate bedrooms or living quarters. The three types of assisted living residence are: (1) BASIC ASSISTED LIVING RESIDENCE A state-licensed ALR providing congregate meals, housekeeping, homemaking, transportation, social activities and person care for elders aged 65 and older who require minimal help in activities of daily life. (2) ENHANCED ASSISTED LIVING RESIDENCE A state-licensed ALR providing an enhanced level of care for elders who are more physically frail and may need another person to assist them to walk, to transfer, to descend stairs, or to operate medical equipment. (3) SPECIAL NEEDS ASSISTED LIVING RESIDENCE A licensed ALR serving individuals who, due to Alzheimer's Disease or dementia conditions, require more specialized services, more intense supervision, and a safer, secure environment specifically designed to appropriately meet their evolving needs as their cognitive abilities decline. B. COMMUNITY RESIDENCE A residential facility operated by the state or which is operated by a provider of services and which is designed to assist mentally disabled people transition from institutional to independent living in the community, to provide a long-term supervised residence to individuals who require such support, to provide a temporary supervised shelter as an alternative to institutionalization, or to offer temporary supervised shelter as a means of providing respite to the family of an individual with supervisory/support needs. Community residences include, but are not limited to, halfway houses. C. FAMILY CARE FACILITY A family-owned-and-operated state-certified residential facility that provides care for no more than 10 elderly or mentally disabled people. D. INSTITUTIONAL CARE FACILITY A residence or other structure used to provide supervised housing and related services that are licensed by the county or a specific New York State organization. Services are provided by New York State Office of Mental Retardation and Developmental Disabilities, Veterans of Foreign Wars, the county or local agencies. (1) SUPERVISED GROUP HOME Residents' activities are supervised 24 hours a day. (2) SEMI INDEPENDENT SUPERVISED GROUP HOME Residents' activities are supervised for fewer than 24 hours per day. E. NURSING HOME A home for the infirm aged or chronically or incurably ill persons, licensed by the state, in which five or more persons not of the immediate family are provided with food, shelter and skilled nursing care for compensation. Does not include hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured. EXIT A way or departure from the interior of a building or structure, to the exterior at street or grade, including doorways, passageways, hallways, corridors, stairways, ramps, fire escapes and all other elements necessary for egress or escape. EXTERIOR PROPERTY AREAS The open space on the premises and on adjoining property under the control of owners or operators of such premises. EXTERMINATION The control and elimination of insects, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poison spraying, fumigating, trapping or by any other approved pest elimination methods. FAMILY One or more persons occupying a single dwelling unit, as a single housekeeping unit, provided that unless all members are related by blood, marriage or adoption, no such family shall contain more than six persons, including any roomers, boarders, and/or domestic servants. A home for independent living with support personnel that provide room and board, personal care and habilitation services in a family environment as a single housekeeping unit for not more than six resident elderly or disabled persons (mentally or physically impaired) with at least one but not more than two resident staff persons shall be considered a family. Here, "family" is defined as a single housekeeping unit, rather than as persons related by blood or marriage. This definition shall also include nontraditional groups to whom the courts have extended due process protection. FARM Any tract of land containing at least five acres used to produce, prepare and market grain, vegetable, fruit, and other crops, for horticultural, floricultural and viticulture products, animal husbandry, livestock and livestock products, as well as the buildings and structures necessary to support such production activities and practices. FLOOR AREA, GROSS The sum of the gross horizontal areas of the floor(s) of a building or buildings, excluding basement floor areas, measured from the inside faces of the exterior walls or from the center line of walls separating two separate dwelling units or uses. FLOOR AREA, HABITABLE The floor area of rooms in a dwelling unit used or intended to be used for bedrooms, living rooms, dining rooms and kitchens. GARAGE, PRIVATE An accessory building used to store motor vehicles or household items by the occupants of the property on which the garage is erected, with no provision for repairing or servicing such vehicles for profit. GARAGE, PUBLIC Any garage available to the public, operated for gain, and which is used for storage, repair, rental, greasing, washing, servicing or equipping motor vehicles, recreational vehicles, boats or other tangible personal property. GARBAGE The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food. GASOLINE STATION MINIMART Any area of land, including buildings or structures on it, where gasoline, motor oil, lubricants or other minor accessories are retailed directly to the public on the premises in combination with the retailing of items typically found in a convenience store or supermarket and which may include facilities for lubricating, washing or otherwise servicing motor vehicles, but not including painting or major repairs to vehicles. GRADE, FINISHED The completed surfaces of ground, lawns, walks, paved areas and roads brought to grades as shown on plans or designs relating thereto or in existence at the time the certificate of occupancy is issued. HABITABLE SPACE A room or enclosed floor space arranged for living, eating and sleeping purposes (not including bathrooms, water closet compartment, laundries, pantries, foyers, hallways and other similar floor spaces). HOME OCCUPATION An accessory use of a service character conducted within a dwelling by the residents thereof, which is clearly secondary to the dwelling use for living purposes and does not change the character thereof or have any exterior evidence of such secondary use and which conforms to the following additional conditions: A. The occupation or profession shall be carried on wholly within the principal building or within a building accessory thereto. B. Not more than two persons outside the family shall be employed in the home occupation. C. There shall be no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal building. D. No offensive noise, vibration, smoke, dust, odors, heat, light or glare shall be produced. E. A home occupation includes dressmaking, home cooking, teaching, musical instruction (limited to a single pupil at a time), and similar pursuits, and the skilled practice of an artist, insurance agent, musician, realtor or member of any profession within a dwelling occupied by the same. However, a home occupation shall not be interpreted to include the following: barbershops or beauty parlors, commercial stables and kennels, animal hospitals, restaurants and tearooms, musical instruction to groups, dancing instruction to groups, convalescent homes, mortuary establishments, garages or shops for the repair of motor vehicles, TV, radio or electrical appliances, and other trades and businesses of a similar nature. HOSPITAL An institution that provides health services, medical and/or surgical care, primarily for people who become temporary inpatients. Related facilities on site can include laboratories, outpatient clinics and training facilities. INFESTATION The presence, within or contiguous to a structure or premises, of insects, rodents, vermin or other pests. JUNKYARD An area of land, with or without buildings, primarily used for the outside storage of used and discarded material including but not limited to wastepaper, rags, scrap metal, building materials, appliances, machinery, vehicles or parts thereof, with or without the dismantling, processing, salvage, sale, or other use or disposition thereof. KITCHEN Space, 60 square feet or more in floor area, used for cooking or preparation of food. KITCHENETTE Space, less than 60 square feet in floor area, used for cooking or preparation of food. LOCAL AUTHORIZED REPRESENTATIVE A person (or entity) designated by the owner to manage real property or rental unit(s). The local authorized representative may be an owner or a third party. The local authorized representative must maintain a home or business address in Wayne County or a contiguous county in New York. The local authorized representative shall be authorized to conduct all business related to the rental property or rental units(s) and is authorized to accept service of all notices regarding any action or proceeding. LODGING A. BED-AND-BREAKFAST Owner-occupied one-family dwelling that provides overnight or short-term sleeping accommodations and breakfast daily. The entire service, food, lodging and amenities are included in one stated price. Up to 10 guests may be accommodated per night, but not more than five bedrooms for such guests. The use is clearly incidental and secondary to the principal use of the property (the owner's dwelling). Must provide sufficient off-road parking for each guest room. B. BED-AND-BREAKFAST INN Owner/host-occupied one-family dwelling that provides overnight or short-term sleeping accommodations and breakfast daily. The entire service, food, lodging and amenities are included in one stated price. May serve meals other than breakfast, but only by advance reservation. Up to 40 guests may be accommodated per night, but not more than 20 bedrooms for such guests. The use is clearly incidental and secondary to the principal use of the property (the owner's dwelling). Compliance with New York State, local building (zoning), fire and health department codes and regulations. Must provide sufficient off-road parking for each guest room. C. COUNTRY INN A commercial business located in a house or building that provides overnight or short-term sleeping accommodations and has a walk-in restaurant available to guests and the public, serving meals throughout the day. Up to 40 guests may be accommodated per night, but not more than 20 bedrooms for such guests. Compliance with New York State, local building (zoning) fire and health codes and regulations. Must provide sufficient off-road parking for restaurant and overnight guests. D. HOTEL/MOTEL A building or group of buildings in which lodging is provided and offered to the public for compensation and which is open to transient guests in contradistinction to a boarding or rooming house. LOT A parcel of land occupied or intended for occupancy 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 said lot in the zoning district in which the lot is situated, and having frontage on a street or other means of access as may be determined by the Planning Board to be adequate as a condition for the issuance of a building permit. A. CORNER LOT A lot which has an interior angle of less than 135° at the intersection of two street lines. A lot abutting a curved street shall be considered a corner lot if the tangents to the curve at the points of intersection of the side lot lines intersect at an interior angle of less than 135°. B. LOT AREA The total area within the property lines, excluding any portions lying within the boundaries of a public street or proposed public street. C. LOT DEPTH The mean horizontal distance from the street line of the lot to its opposite rear line, measured at right angles to the building line in the general direction of the side lines of the lot. D. LOT FRONTAGE The uninterrupted linear or curvilinear extent of a lot measured along the street right-of-way from the intersection of one side lot to the intersection of the other side lot line. The measurement of lot frontage shall not include irregularities in the street line and, in the case of a corner lot, shall extend to the point of the intersection of the side line of the rights-of-way. If a lot has frontage on more than one street, frontage on one street only may be used to satisfy the minimum lot frontage. E. LOT LINES The property lines bounding a lot. F. LOT LINE, REAR A lot line which is opposite and most distant from the front lot line and in the case of an irregular or triangular-shaped lot, a line 10 feet in length within the lot parallel to and at the maximum distance from the front lot line. G. LOT OF RECORD Any lot which has been established as such by plat, survey or deed prior to the date of adoption of this chapter, and which is shown in the records of the County Clerk. H. LOT WIDTH The horizontal distance between side lines measured along a line that is parallel to the front lot line and located at the required building front line. MUNICIPAL BUILDINGS All government-owned or -maintained buildings. NONCONFORMING BUILDING OR STRUCTURE A building or structure constructed before the adoption of this chapter which does not now conform with provisions of this chapter. NONCONFORMING LOT A lot of record existing at the date of the passage of this chapter that does not have the minimum width or contain the minimum area for the zone it is located in. NONCONFORMING USE The use of a lot, building or structure on the date of passage of this chapter that does not now conform to the provisions of this chapter. NONHABITABLE SPACE Space used as kitchenettes, pantries, bath, toilet, laundry, rest, dressing, locker, storage, utility, heater and boiler rooms, closets and other spaces used for access and vertical travel between stories. (See definitions of "habitable space," "public space" and "exit.") NONRESIDENTIAL LAND USE All uses of land and buildings, except one-family dwellings, two-family dwellings and multiple-family dwellings. OCCUPANT Any person over one year of age (including the owner or operator) living and sleeping in a dwelling unit or having actual possession of said dwelling or rooming unit. OFFICE, BUSINESS Includes all business and professional uses (other than medical, see "office, medical"): banking, financial, insurance, real estate, governmental, utility services, legal, architectural, engineering. OFFICE, MEDICAL Includes medical, dental, chiropractic and clinical offices for the diagnosis and treatment of human ailments. Planned Parenthood centers are also included. OPENABLE AREA That part of a window or doors which is available for unobstructed ventilation and which opens directly to the outdoors. OPERATOR Any person who has charge, care or control of a structure or premises which are let or offered for occupancy. OWNER Any person who, alone or jointly or with others is the owner or owners of the freehold of the premises or lesser estate therein who, shall have legal title (including through a land contract) with or without accompanying possession thereof; or shall have charge, care or control as either owner or agent of the owner, or as executor, executive, executrix, administrator, administratrix, trustee, or guardian of the estate of the owner, a mortgage or vendee in possession, assignee of rents, receiver, lessee or other person, firm or corporation in control of a building or of premises or their duly authorized agents. Any person thus representing the actual owner according to the definition provided shall be bound to comply with the provisions of this section to the same extent were he or she the owner. PARKING SPACE An off-street paved or surface area which, exclusive of access driveways and turning areas, is nine feet wide by 19 feet long and is accessible and available for the parking of one vehicle. PERSON An individual, firm, corporation, association or partnership. PERSONAL SERVICES Includes barber, hairdresser, beauty parlor, shoe repair, tailor, laundry, dry cleaner, nail salon, body art, and any other businesses providing similar services of a personal nature. PLUMBING or PLUMBING FIXTURES Water-heating facilities, water pipes, gas pipes, garbage and disposal units, waste lavatories, bathtubs, shower baths, installed clothes-washing machines or other similar equipment, catch basins, drains, vents or other similarly supplied fixtures, together with all connections to water, gas, sewer or vent lines. POTABLE WATER Water duly approved as satisfactory for drinking, culinary and domestic purposes. PREMISES A lot, plot or parcel of land, including the buildings or structures thereon. PROFESSIONAL RESIDENCE-OFFICE A residence in which the occupant has a professional office which is clearly secondary to the dwelling use for living purposes and does not change the residential character thereof. A. The occupation or profession shall be carried on wholly within the principal building or within a building accessory thereto. B. Not more than two persons outside the family shall be employed in the professional residence-office. C. There shall be no exterior storage of materials and no other exterior indication of the professional residence-office or variation from the residential character of the principal building. D. No offensive noise, vibration, smoke, dust, odors, heat, light or glare shall be produced. E. Permitted uses (as a guide) include architect, certified public accountant, chiropractor, dentist, doctor of medicine, landscape architect, land surveyor, lawyer, optometrist, professional engineer or psychologist. Uses not permitted (as a further guide) include: barber shop, beauty parlor, commercial stable or kennel, animal hospital, restaurant, tea room, group musical instruction, group dance instruction, convalescent home, mortuary, vehicle repair, appliance repair. PUBLIC SPACE Space within a residential building for public use, such as lobbies, lounges, reception, ball, meeting, lecture and recreation rooms, banquet and dining rooms and their kitchens and swimming pools. PUBLIC UTILITIES Includes offices, buildings, or accessory uses of gas, electric, water, sewage, phone, internet, and television cable companies. PUBLIC-ASSEMBLY USE Includes auditoriums, churches, temples, synagogues, tabernacles, public halls, theaters, school halls, meeting halls, fire halls, and other similar uses. QUARRY, SAND PIT, GRAVEL PIT, TOPSOIL STRIPPING A lot or land or part thereof used for the purpose of extracting stone, sand, gravel or other aggregate or topsoil for sale, as an industrial or commercial operation, and exclusive of the process of grading preparatory to the construction of a building for which a building permit has been issued, or highway construction. RECREATIONAL VEHICLE (RV) See "trailer, camp or travel." RELIGIOUS INSTITUTION Includes churches, temples, parish houses, convents, seminaries, religious institutions and retreat houses. RENTAL PROPERTY The physical structure wherein one or more rental units are located. RENTAL UNIT Any dwelling unit used, intended or designed to be used, rented, leased, let or hired out to be occupied for living purposes. RESIDENCE BUILDING A building in which sleeping accommodations or sleeping accommodations and cooking facilities as a unit are provided; except when classified as an institution under the building code. RESIDENTIAL USE Includes one-family dwellings, two-family dwellings, multiple-family dwellings, professional residence-offices and associated or other uses as permitted in R-1, R-2 and R-3 Districts. RESTAURANT A building or structure intended or designed to be used for the sale of on-premises consumption of food and beverages (including, in some cases, alcoholic beverages). RETAIL STORE A commercial activity designed for and characterized by the on-premises sale of goods directly to an ultimate household consumer but also including servicing, preparation, storage and wholesale business transactions related to such goods. Includes restaurants, cafes, shops and stores for the sale of retail goods, personal-service shops, department stores. "Retail store" excludes drive-up services, freestanding retail stands, gasoline service and car-repair service, new and used car sales and service, trailer and mobile-home sales and service. ROOM, HABITABLE In any dwelling unit, the rooms used, designed or intended to be used for bedrooms, living rooms, dining rooms and kitchens. ROOMING UNIT Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes. RUBBISH Combustible and noncombustible waste materials, except garbage, and the term shall include, but not be limited to, the residue from the burning of wood, coal, coke and other combustible materials and any type of paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials. SCHOOL Includes parochial, private and public schools, nursery schools, colleges, universities and schools accredited by the state, and shall exclude commercially operated schools of beauty, culture, dancing, driving, music and similar establishments. SERVICE AREA Includes those parts of any lot which are used primarily to provide access for servicing the use on the lot, including land used for delivery of goods, storage and collection of wastes and provision for maintenance. SIGN Any device, structure, building or part thereof for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public, which shall display or include any letter, word, model, banner, flag, pennant, insignia or representation which is in the nature of an announcement, direction or advertisement. A. FLASHING SIGN An illuminated sign that purposefully varies in position, color, or light intensity. B. ILLUMINATED SIGN A sign characterized by the use of artificial light either projecting through the surface of the sign (internally illuminated) or reflecting off the surface of the sign (externally illuminated). STABLE A. AGRICULTURAL STABLE Structures or land used, designed or arranged for the maintenance of horses or mules used exclusively for agricultural purposes. B. COMMERCIAL STABLE Any structure or land used, designed or arranged for the use, maintenance or rental of horses, mules, ponies or donkeys either with or without a bridle path or riding area. Riding instruction is included in this use. STORAGE AREA The temporary keeping of goods, wares, supplies or equipment either in a building ("enclosed storage") or on open land ("open storage"). Does not include the activities associated with a junkyard (see "junkyard"). A. OUTSIDE STORAGE, CONTRACTORS Any land, buildings or structures used primarily for the storage of equipment, vehicles, machinery (new or used), building materials, paints, pipe, or electrical components used by the owner or occupant of the premises in the conduct of any building trades or building craft. B. OUTSIDE STORAGE FOR COMMERCIAL USE (BULK) Goods for sale, storage or display that have a large size, mass, or volume and are not easily moved or carried (e.g., railroad ties, large feed bags, fertilizer, wood, pallets, tanks, barrels, etc.). C. OUTSIDE STORAGE FOR COMMERCIAL USE (NONBULK) Goods for sale, storage or display that are distinguished from bulk items by being small in size or volume and not requiring a mechanical lifting device to move them (e.g., bikes, outdoor furniture, lawn accessories and like items that could be moved inside at the end of a business day). STORY That portion of a building included between the surface of any floor and the surface of the next floor or roof above it. STREET A public right-of-way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, road, avenue, boulevard, lane, drive, place, alley or other similar designation, or trafficway, which affords the principal means of access to abutting properties. A. STREET CENTER LINE A line midway between and parallel to two opposing property lines that abut a street, or a line as established by the Village Planning Board. B. STREET FRONTAGE Those lot lines that abut a street. C. STREET GRADE The officially established grade of the street a lot sits on. If no grade has been officially established, the existing grade of the street will be considered as the street grade. D. STREET LINE The right-of-way of a street as dedicated by a deed or record. STRUCTURE Anything constructed or erected with a fixed location on the ground, supported by the ground or attached to something having a fixed location on the ground. SUPPLIED Installed, furnished or provided by the owner or operator. SWIMMING POOL Any structure used to hold a body of water at least 24 inches deep that is used for swimming, bathing or wading and is installed or constructed above or below ground. TEMPORARY HOUSING Any tent, trailer, or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure or to any utility system for more than 30 consecutive days. THEATER A building or portion of a building devoted to public showing of motion pictures or the performing of plays. A. DRIVE-IN THEATER An open lot, with appurtenant facilities and structures, devoted primarily to showing motion pictures or theatrical productions on a paid-admission basis, usually to patrons seated in automobiles or on outdoor seats. TOILET ROOM Enclosed space containing one or more water closets, which may also contain one or more lavatories, urinals, and other plumbing fixtures (see definition of "bathroom"). TRAILER A. BOAT or CARGO A vehicle designed exclusively for the transportation of one boat or the hauling of cargo. B. CAMP or TRAVEL A vehicle or portable structure equipped, but not regularly used for sleeping, but which may or may not have sanitary facilities; a recreational vehicle. USE The specified purpose for which land, structure, or a building is designed, arranged, intended, or for which it is or may be occupied or maintained. A. ACCESSORY USE A use subordinate and related to the principal use of a lot, or of the principal building or structure on the same lot, and serving a purpose clearly incidental to the permitted principal use of the lot or of its principal building, including parking and swimming pools. B. PERMITTED USE Any use specifically allowed in the district, excluding illegal uses and nonconforming uses. C. PRINCIPAL USE The primary or principal purpose, for which land, structure, or a building is designed, arranged or intended to be used, or for which it is, or may be, occupied or maintained. "Permitted use" does not include any nonconforming use. VENTILATION The process of supplying and removing air by natural or mechanical means to or from any space. VENTILATION, MECHANICAL Ventilation by power-driven devices. VENTILATION, NATURAL Ventilation by opening to outer air through windows, skylights, doors, louvers or stacks without wind-driven devices. WAREHOUSE A business whose principal activity is the storage of merchandise or materials for others, includes wholesale establishments, discount houses, bulk storage and bulk sales outlets. WORKMANLIKE or WORKMANLIKE STATE OF MAINTENANCE AND REPAIR Such maintenance and repair made in a reasonably skillful manner. YARD An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard to determine the width of a side yard, the depth of the front yard or the depth of the rear yard, the minimum horizontal distance between the lot line and the main building shall be used. A. FRONT YARD The yard space extending across the entire width of the lot, between the front lot line and the front line of the principal building. The depth of the front yard is measured between the front lot line of the building and the street line. Covered porches are considered as part of the principal building. B. REAR YARD The yard between the rear lot line and the rear of a building extended to the side lot lines of the lot. The depth of the rear yard is measured between the rear lot line and the rear line of the building. C. SIDE YARD The yard between the principal building or accessory building and a side lot line, extending from the front yard to the rear yard.