§ 167-2. Definitions.

As used in this chapter, the following terms shall have the following meanings:

ACCESSORY USE

A use incidental and subordinate to the principal use or building or located on the same lot with such principal use or building. Accessory uses shall conform to all use, area, height and setback requirements applicable to the use to which they are accessory.

ADULT ENTERTAINMENT

A. 

The use of land, structures or location for an adult entertainment business or as an adult physical contact establishment as herein defined; and (See § 167-53.)

B. 

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

C. 

An establishment, location, building or structure which features topless dancers, nude dancers or strippers, male or female; and

D. 

A location, building or structure used for presenting, lending or selling motion-picture films, video cassettes, toys, paraphernalia, cable television or any other such visual media, or used for presenting, lending or selling books, magazines, publications, photographs or any other written materials distinguished or characterized by an emphasis of matter depicting, describing or relating to specific sexual activities or specific anatomical areas as provided by the Code of Malta. (For further definitions related to adult entertainment, see § 167-53.)

AGRICULTURE

The use of land for the production for sale of crops, livestock or livestock products, not including land used for processing or retail merchandising of such crops, livestock or livestock products) [ref. Agriculture and Markets Law § 301(4), 2005].

AIRPORT

The use of land or building or structure for facilitating the landing and handling of aircraft and their passengers and freight and, without limiting the generality of the foregoing, accessory uses may include ticket offices, confections, luggage-checking facilities and parcel-shipping facilities.

ALTERATION, STRUCTURAL

To change or rearrange the walls, roof, ceiling, floors, supporting beams, columns or other structural parts, interior plan or layout, the exterior architectural features or the exit facilities of a structure or the moving of a building from one location to another.

AMUSEMENT FACILITY

An indoor establishment with the primary purpose of providing amusement for individuals and families including laser tag, miniature golf, video arcades, movie theaters, and go carts. Incidental activities may include the sale of food and drink. Exceptions for outdoor uses limited to activities which do not generate noise, such as miniature golf.

[Added 2-1-2016 by L.L. No. 1-2016]

ANIMAL HOSPITAL

A facility at which animals are treated for injury or disease by a veterinarian or which provides general health care for animals.

ANTIQUE SHOP

An establishment devoted principally to the sale of antiques, which are traditionally 50 years old or older.

[Added 2-1-2016 by L.L. No. 1-2016]

APARTMENT

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

APARTMENT HOUSE

A multiple dwelling in which units are leased to tenants, other than a boardinghouse, hotel, motel, or bed-and-breakfast.

AQUATICS CENTER

An establishment composed mostly of indoor recreational and competitive swimming, therapy and diving pools, classroom spaces, aquatic training spaces, locker rooms, restrooms, exercise/weight areas, business offices, meeting rooms, outdoor spray pools, and spectator seating. An Aquatic Center may operate as such despite exclusion of one or more of these elements. Up to 20% of the gross floor area of the principal building shall also be permitted as accessory uses, such as food services, medical offices, retail shops and uses not otherwise specifically prohibited. Food service uses shall be open to the public to provide for the counter sale of food and beverages. Retail shop use shall be open to the public for the sale of merchandise and equipment for aquatic activities. Prohibited uses include drive-through and other uses otherwise identified pursuant to any provision of Town Code. For the purposes of site orientation, the front setback area shall be the distance between the front building elevation and the Route 67 right-of-way property line; if such a use is not developed along Route 67, front setback shall be as defined in general Town Zoning Code.

[Added 10-3-2016 by L.L. No. 8-2016]

AREA, BUILDING

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

AREA, LOT

The total area within the lot lines.

AREA OF PUBLIC ASSEMBLY

Includes a building or a portion of a building used for gathering together 50 or more persons for amusement, athletic, civic, dining, educational, entertainment, patriotic, political, recreational, religious, social or similar purposes, the entire area of which it is a part, and the means of egress therefrom.

AUTOMATIC LAUNDRY/LAUNDROMAT

Premises equipped with individual clothes washing machines for the use by individual customers, or which provides dry cleaning services.

AUTOMOBILES SALES AND SERVICE

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

[Added 2-1-2016 by L.L. No. 1-2016]

AUTOMOTIVE REPAIR

The repair, rebuilding or reconditioning of motor vehicles or parts thereof for profit, including collision, service, painting and steam cleaning of vehicles. Repair work performed outside of a building if a vehicle is left dismantled overnight is not a conforming use within the Town.

AUTO SERVICE/FUELING STATION

Any area of land, including structures thereon, that is used or designated to be used for the supply of gasoline or oil or other fuel for the propulsion of motor vehicles and which may include facilities used or designed to be used for polishing, greasing, washing, spraying, dry cleaning or otherwise cleaning or servicing or repairing such motor vehicles.

BANK

A business chartered as a bank, trust company or credit union by the State of New York or United States, and which is open to provide services to walk-in or drive-up customers.

BANNER

A strip of cloth or similar material upon which a sign is printed.

BAR

An establishment that primarily serves wine, beer or liquor for consumption on the premises.

[Added 2-1-2016 by L.L. No. 1-2016]

BASEMENT

That space of a building that is partly below grade but which has more than half of its height, measured from floor to ceiling, above the average established curb level or furnished grade of the ground.

BED-AND-BREAKFAST

A dwelling having a resident on-premises host in a private home in which at least one room is provided for overnight accommodation, the rates for which include breakfast and lodging only, and in which no public restaurant is maintained.

BED-AND-BREAKFAST, COMMERCIAL

An owner-occupied dwelling in which overnight accommodations for a maximum stay of one week and breakfast only is provided or offered for transient guests for compensation, with a maximum of 10 rental rooms. Regularly scheduled commercial indoor and outdoor activities such as weddings/receptions/showers, business meetings and catered events are permitted.

[Added 2-1-2016 by L.L. No. 1-2016]

BED-AND-BREAKFAST, RESIDENTIAL

An owner-occupied dwelling in which overnight accommodations for a maximum stay of one week and breakfast only is provided or offered for transient guests for compensation, with a maximum of five rental rooms. Such use is secondary to the occupancy of the dwelling by an individual or family. Regularly scheduled commercial indoor or outdoor activities such as weddings/receptions/showers, business meetings and catered events are not permitted.

[Added 2-1-2016 by L.L. No. 1-2016]

BOARDINGHOUSE

A multiple dwelling used primarily for the purpose of furnishing lodging, with or without meals, to 15 or fewer transient occupants for compensation. A rooming house or lodging house shall be deemed a "boardinghouse."

BOAT AND RV STORAGE

A facility which allows for the indoor or outdoor storage of boats and boat trailers, recreational vehicles and campers (including self-contained and pull-behind models), on either a seasonal or year-round basis.

[Added 2-1-2016 by L.L. No. 1-2016]

BREW PUB

An eating and drinking establishment where certain beverages are prepared on the premises for on-site consumption. The brewing and retail sale of such beverages is accessory to the eating and drinking establishment.

[Added 2-1-2016 by L.L. No. 1-2016]

BUFFER AREA

An area designated by a board of the Town as a buffer area reserved for plantings, fencing or other similar screening devices for the purpose of creating a transitional area wherein adjoining uses do not detract from one another.

BUILDING

Any structure having a roof supported by columns or by walls and intended for shelter, housing, protection or enclosure of persons, animals or property. Depending upon its applicability, the use herein of "building" shall include the term "structure."

BUILDING, HEIGHT OF

The vertical distance measured from the average elevation of the existing finished grade (or a proposed finished grade as approved by either the Malta Planning Board, Zoning Board of Appeals, or the Malta Building Department) to the highest point of the roof for flat roofs, to the deckline of mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs. (See also “maximum building height.”)

[Added 12-5-2005 by L.L. No. 12-2005; amended 6-4-2007 by L.L. No. 8-2007]

BUILDING LINE

The line established by law, ordinance or regulation beyond which no part of a building, other than parts expressly permitted, shall extend. Prohibited parts include, but are not limited to, porches, decks and sun rooms. Unenclosed steps are permitted to extend beyond the line.

BUILDING MATERIALS STORAGE AND SALES

An establishment for the storage, sale and rental of building materials and equipment, including HVAC, electrical and plumbing fixtures, stone, wood, metal and other indoor and outdoor building materials. Maximum floor area includes aggregate of primary buildings and any storage outbuildings and roofed areas.

[Added 2-1-2016 by L.L. No. 1-2016]

BUILDING, PRINCIPAL

A building in which is conducted the main principal use of the lot on which said building is situated.

BUSINESS OFFICE

A business office or other office providing nonretail business support and services such as forms processing, telemarketing, payroll payment, data systems development and management, consulting services, billing, reservation services, medical, legal, technical and intellectual services, sales, e-commerce and financial services. A business office shall not include warehousing.

CAR RENTAL AGENCY

An establishment for the rental and storage of motor vehicles to the public, not including on-site servicing or repair of the vehicles.

[Added 2-1-2016 by L.L. No. 1-2016]

CAR WASH

Business premises equipped with machinery for the washing, waxing, vacuuming and/or cleaning of motor vehicles, for the use of retail customers.

CEMETERY

Land used or intended to be used for the burial of human remains and dedicated for similar purposes, including columbarium and mausoleums when operated in conjunction with and within the boundaries of said cemetery, but may not include a structure for the purpose of the cremation of human remains.

CHURCH, RECTORY

See "religious worship."

[Adopted 4-6-1976 by Ord. No. 1-1976; amended in its entirety 11-14-2016 by L.L. No. 10-2016; 2-1-2016 by L.L. No. 1-2016]

CLUB/LODGE

A building or portion thereof or premises used for a social, educational or recreational activity or to render a service which is customarily considered a business, but not done primarily for profit.

COMMERCIAL KITCHEN

A facility, whether private or for hire, for the production of foods to be eaten off-site, including, but not limited to, catering, baked goods, confections, canned and bottled products and prepared meals. Classes, tours, tastings and retail sales are allowed as accessory uses. Space designated for retail use cannot exceed 25% of the total building.

[Added 2-1-2016 by L.L. No. 1-2016]

CONDOMINIUM

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

CONFERENCE CENTER

A facility offering meeting rooms and/or exhibit areas providing support activities for those meeting rooms, such as food preparation.

CONTRACTOR'S YARD

A facility for the storage of equipment and materials used in land development, building construction and landscape construction.

[Added 2-1-2016 by L.L. No. 1-2016]

CONVENIENCE STORE, NO GAS

A retail establishment offering for sale prepackaged food products, household items and goods commonly associated with the same and having a gross floor area of less than 5,000 square feet unless otherwise noted in the zone, which does not sell gasoline. Establishment may include a deli counter, pizza oven or similar food service area, which may occupy a maximum of 25% of the total square footage of the building and which may provide services to walk-in or drive-up customers.

[Amended 2-1-2016 by L.L. No. 1-2016]

COVERAGE

That percentage of the lot area covered by the combined area of all buildings or structures on the lot.

DAY-CARE CENTER, ADULT

A program or facility in which adult day care is provided to the elderly who are in need of support services in a protective setting during any part of a day, but less than twenty-four-hour care.

DAY-CARE CENTER, CHILD

A program or facility in which child day care is provided on a regular basis to more than six children for more than three hours per day per child for compensation or otherwise, except those programs operating as a family day-care home or a school-aged child care program or as defined by the New York State Office of Child and Family Services.

DRIVE-THROUGH SERVICE ESTABLISHMENTS

A commercial establishment where business is transacted between the establishment and its customer while the customer is in a vehicle. Examples include, but are not limited to: banks, fast-food restaurants and pharmacies.

[Amended 7-2-2018 by L.L. No. 9-2018]

DRUGSTORE

A store where pharmaceutical prescriptions are filled and drugs and other health-related articles are sold.

DWELLING, MULTIPLE

[Added 12-5-2005 by L.L. No. 12-2005]

A. 

A building containing three or more dwelling units;

B. 

A building containing living, sanitary and sleeping facilities occupied by one or two families and more than four lodgers residing with either one of such families;

C. 

A building with one or more sleeping rooms, other than a one-or two-family dwelling, used or occupied by permanent or transient paying guests or tenants;

D. 

A building with sleeping accommodations for more than five persons used or occupied as a club, dormitory, fraternity or sorority house or similar uses;

E. 

A building used or occupied as an old age home; or

F. 

A community residence.

DWELLING, MULTIPLE, SENIOR

A portion of a building containing more than three dwelling units used for occupancy by individuals living independently of each other occupied by at least one person who is 55 years of age or older, unless otherwise qualifying as a handicapped adult.

[Added 7-2-2018 by L.L. No. 9-2018]

DWELLING, ONE-FAMILY

A building containing one dwelling unit and designed or used exclusively for occupancy by one family for residential use and residential home business.

DWELLING, TWO-FAMILY

A detached building containing two dwelling units only, having a common or party wall separating units, that meets the provisions of the New York State Uniform Fire Prevention and Building Code, is on a permanent foundation and consists of 1,500 square feet of living space, excluding an accessory building or use. This term is intended primarily for duplexes; see "dwelling unit."

DWELLING UNIT

One or more rooms with provisions for living, cooking, sanitary and sleeping facilities arranged for the use of one family.

FACADE

The face or elevation of a building facing any street or road.

FACTORY MANUFACTURED HOMES

Manufactured housing bearing the insignia of approval recognized by the State of New York.

FAMILY

One or more persons who live together as a single housekeeping unit and maintain a common household, as distinguished from a group occupying a boardinghouse, lodging house, club, fraternity or hotel, and which may consist of a single person or of two or more persons, whether or not related by blood, marriage or adoption, and which may also include domestic servants and/or gratuitous guests.

FARM

Real property used primarily in the production of crops, livestock or livestock products as a commercial enterprise, including commercial horse boarding as defined in NY Agriculture and Markets Law § 301(13). Parcels comprising a farm may be noncontiguous [ref. Agriculture and Markets Law § 301(11), 2005].

FARM ALCOHOL PRODUCTION

A place or premises located on a farm in which beer, liquor/spirits, or wine is produced using primarily farm and food product from within the state (such as barley, wheat, rye, hops, corn, potatoes, herbs, spices, fruits, etc). Site may include an onsite tasting room and event space.

[Added 2-1-2016 by L.L. No. 1-2016]

FENCE

A hedge, structure or partition erected for the purpose of enclosing a piece of land or to divide a piece of land into distinct portions or to separate two contiguous estates.

FITNESS CENTER

An establishment with the primary purpose of facilitating exercise, such as, gymnasium, club (athletic, health or recreational), and reducing salon or weight control establishment.

FLAG LOT

A flag lot is a parcel of land which is not adjacent to a public road, except for a driveway of at least 60 feet in width which is either a part of the lot, or for which an easement filed with the Saratoga County Clerk exists benefiting the lot by affording access to a Town, county or state road (see NYS Town Law § 280-a). Flag lots are permitted only in R-1 Zoning Districts. Other than the absence of the requirement for frontage on a public road, all other requirements of the Town Code, including Chapters 70, 143 and 167, apply.

[Added 1-3-2012 by L.L. No. 1-2012]

FOWL

See "poultry."

FRONTAGE

The extent of a lot along a street or property line, in front of the building.

FUNERAL HOME

An establishment with facilities for the preparation of human remains for burial or cremation and for services, viewing and paying last respects. A funeral home does not include crematory services.

GALLERY

A showroom for the sales of handcrafted goods including but not limited to textiles, furniture, boats, ceramics, paintings, glass, sculpture and jewelry. Studio and classes are allowed on the premises.

[Added 2-1-2016 by L.L. No. 1-2016]

GARAGE, PRIVATE

An enclosed space for the storage of one or more motor vehicles, provided that no business, occupation or service is conducted for profit therein and no space therein for more than one car is leased to a nonresident of the premises.

GARDEN CENTER/NURSERY

A site used for growing or stocking trees, shrubs, or plants and associated supplies and materials for wholesale and/or retail sale; includes greenhouses and sales of domestic lawn and garden equipment. Maximum floor area refers to the area devoted to display, office and sales. Outdoor display shall not exceed the maximum floor area allowed for the building.

[Added 2-1-2016 by L.L. No. 1-2016]

GASOLINE SERVICE

A structure that is used or designated to be used for the supply of gasoline or oil or other fuel for the propulsion of motor vehicles.

GOLF COURSE

A tract of land for playing golf, improved with trees, fairways, and hazards, and may include clubhouses, shelters, bathrooms, restaurant and tavern facilities, and allows for the sale of golf merchandise. A golf driving range is a permitted accessory use to a golf course.

GOLF DRIVING RANGE

A tract of land on which golf balls are hit for practice in exchange for a fee or consideration.

GRADE, FINISH

Ground surface after completion of any change in contouring.

GREEN SPACE

Land areas covered only by grass, trees and/or vegetation.

GROCERY STORE

A marketplace where groceries and common household items are sold which may include a bakery, delicatessen and prepared meals and space for a drugstore, bank, bottle recycling and other associated services with a total maximum floor area of 40,000 square feet. Use may not be incorporated into another store, such as a superstore.

[Adopted 4-6-1976 by Ord. No. 1-1976; amended in its entirety 11-14-2016 by L.L. No. 10-2016; 2-1-2016 by L.L. No. 1-2016]

HOME BUSINESS

See "residential use."

HOTEL

A multiple unit multi-story dwelling or any part thereof which contains living and sleeping accommodations for transient occupancy and which may contain one or more dining rooms, restaurant, bar, and a conference center, and includes but is not limited to such terms as "hotel," or "inn."

[Amended 2-1-2016 by L.L. No. 1-2016]

HOUSEHOLD FURNISHING SALES AND REPAIR

An establishment for the sale and/or repair of household goods including appliances, electronics, finishes, furnishings, and lighting.

[Added 2-1-2016 by L.L. No. 1-2016]

HOUSEHOLD PETS

Animals that are customarily kept for personal use or enjoyment within the home. "Household pets" shall include, but not be limited to, domestic dogs, cats, tropical birds, and rodents.

[Added 2-1-2016 by L.L. No. 1-2016]

INDUSTRIAL, LIGHT

A use which involves the fabrication, reshaping, reworking, assembly, or combination of products, including processing, packaging, incidental storage, sales and distribution of such products, but is exclusive of uses that require offensive, noisy, or otherwise objectionable disturbances, such as vibration, dust, and odors.

JUNKYARD

A lot, land or structure or part thereof used for the collecting, storage and sale of wastepaper, rags, scrap metal or discarded material; or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in running condition and for the sale of parts thereof.

LABORATORY

Location or facility where scientific (including medical and industrial) and/or research testing is conducted. The quantities of chemical agents in use at one time are small, normally not exceeding one liter. Laboratory operations may include research and development (R&D), production/acceptance testing, sample analysis and evaluation, limited detoxification, or a room or building for scientific experimentation or research.

LIBRARY

A place in which literary, musical, artistic or reference materials are kept for public lending.

LINE, SETBACK

See "building line."

LINE, STREET (ALSO RIGHT-OF-WAY LINE)

The dividing line between the street and the lot.

LIVESTOCK

Farm animals, such as beef cattle, dairy cows, sheep, hogs, chickens and turkeys raised for home use or for profit.

LODGER

A transient, temporary or permanent paying guest.

LOT

A portion or parcel of land considered as a unit, devoted to a certain use or occupied by a building or a group of buildings that are united by a common interest or use, and the customary accessories and open space belong to the same.

LOT AREA

See "area, lot."

LOT, CORNER

A lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135°. The point of intersection of the street lot lines is the corner. Such lot shall require front yard setbacks on each street. Such lot shall require side yard setbacks on each side and no rear yard setbacks.

LOT, DEPTH OF

A mean horizontal distance between the front and rear lot lines, measured in the general direction of its side lot lines.

LOT LINE

Any line dividing one lot from another.

MACHINE SHOP

An establishment utilized for the repair, servicing, assembly and/or modification of small motors, equipment, and small parts used in connection with others to comprise large equipment.

[Added 2-1-2016 by L.L. No. 1-2016]

MAXIMUM BUILDING COVERAGE

Includes percentage of lot covered by foundation, garage and accessory buildings.

MAXIMUM BUILDING HEIGHT

Shall not apply to belfries, church spires, cupolas, mechanical penthouses and domes which are not used for human occupancy; nor to chimneys, ventilators, skylights, water tanks and necessary mechanical appurtenances usually carried above the roof level; nor to barns, silos, monuments, transmission towers and similar structures. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose for which they are intended.

MAXIMUM FLOOR AREA OF A BUILDING

The area of a commercial building that is approved by the Planning Board and will be constructed in any of the commercial districts. This shall include all spaces, mechanicals and nonleaseable space within the building walls.

[Amended 2-1-2016 by L.L. No. 1-2016]

MEDIA PRODUCTION

A studio for the development, recording and/or production of print, digital or sound media. May include, but not limited to, music studio, video and game production, radio, television, theater or movie studio, and associated warehousing. Classes, tours, public entertainment and retail sales are allowed as accessory uses. Space designated for retail use cannot exceed 25% of the total building.

[Added 2-1-2016 by L.L. No. 1-2016]

MEDICAL CENTER

An institution providing primary health services and medical or surgical care to persons, both outpatients and inpatients, suffering from illness, disease, injury, deformity and other physical or mental conditions, and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities or training facilities.

MICROBREWERY

A small-scale facility for the production and packaging of craft beers, and other small batch brewed beverages, whether alcoholic or nonalcoholic. Production shall not exceed 60,000 barrels a year.

[Added 2-1-2016 by L.L. No. 1-2016]

MICRODISTILLERY

A small-scale facility for the distilling of beverages, whether alcoholic or nonalcoholic. Production shall not exceed 35,000 gallons a year.

[Added 2-1-2016 by L.L. No. 1-2016]

MINIMUM YARD DIMENSIONS

Distance in feet measured from property line to buildable limit line as provided in the requirements for zoning districts.

MINING

The extraction or removal of sand, shale, soil, gravel or other minerals from the ground or the breaking of the surface soil, and exclusive of the process of grading a lot preparatory to the construction of a building for which application for a building permit has been made. This shall not include excavation or grading when conducted for farm improvement.

MIXED USES

A mix of uses permitted with the zoning classification in one building or at one site such as a mix of housing types, retail and offices which use traditional neighborhood design concepts.

MOBILE HOME

Any portable vehicle which is designed to be transported on its own wheels and which is intended to be occupied as permanent living quarters.

MOBILE HOME LOT

A designated site of specific total land area which is located within a mobile home park for the accommodation of one mobile home and its occupants.

MOBILE HOME PARK

Any parcel of land located within an approved mobile home designated area, planned and improved for the placement of two or more mobile homes.

MODULAR HOME

A dwelling that is a factory-fabricated transportable building unit designed to be permanently located at a building site to be used for residential purpose only. Such dwelling must bear the Housing and Urban Development (HUD) insignia of approval.

MOTEL

A multiple dwelling, one story in height, intended primarily for lodging, with exiting from the sleeping unit directly to the exterior to clear and open space, for compensation.

MOTOR VEHICLE

As defined in the New York State Vehicle and Traffic Law § 125.

MUNICIPAL BUILDING

A place, structure, area or other facility used for providing municipal services to the general public.

MUSEUM

An institution devoted to the procurement, care, study and display of objects of interest or value, or a building, room, etc., for preserving and exhibiting rare, interesting, or typical specimens of works of art, science, inventions, etc., or of antiquities, curiosities, or objects of natural history open to the public.

NANOBREWERY

A small-scale facility that includes the sale of food and beverages to the public for consumption on the premises, and the production and packaging of craft beers and other small batch brewed beverages, whether alcoholic or nonalcoholic, in an amount not exceeding 3,000 barrels a year.

[Added 1-6-2020 by L.L. No. 2-2020]

NONCONFORMING USE

A building, structure or land lawfully occupied by a use that does not conform to the regulations of the district in which it is situated either at the effective date of this chapter or as a result of subsequent amendments thereto.

NURSERY SCHOOL

A place for the care of three or more preschool children for a period not to exceed three hours per day, operated on a regular basis for profit.

NURSING OR CONVALESCENT HOME

Any establishment licensed by the State of New York which provides twenty-four-hour skilled nursing services to elderly and handicapped residents.

OPEN SPACE

An unoccupied space open to the sky on the same lot with the building.

OUTDOOR STORAGE

The keeping by a business of any goods, junk material, merchandise or vehicles in the same place for more than 48 hours in any portion of a lot outside of a walled and roofed structure.

[Added 2-1-2016 by L.L. No. 1-2016]

PARKING GARAGE, PUBLIC

A building used primarily for the parking or storing of automobiles on an hourly or daily basis for a profit.

PARKING SPACE

An off-street space available for the parking of one motor vehicle, exclusive of passageway and driveways thereto. Minimum dimension for a parking space shall be nine feet by 18 feet.

PERSONAL SERVICE SHOP

An establishment for the sale of personal services to the general public, including, but not limited to, a beauty parlor, barbershop, tanning salon, or manicure salon.

PET DAYCARE

A site, building or place designed and/or operated to provide care on a regular basis for four or more household pets not living on the premises for a fee. No boarding or overnight stays allowed. Instruction/training is allowed as an accessory use.

[Added 2-1-2016 by L.L. No. 1-2016]

PET GROOMING

An indoor establishment for the bathing, grooming and clipping of household pets. Pets cannot be kept overnight.

[Added 2-1-2016 by L.L. No. 1-2016]

PHARMACY

An establishment for the sales and/or compounding of prescriptions and over the counter medical products, which may also sell household goods, and which is open to provide services to walk-in or drive-up customers.

[Added 2-1-2016 by L.L. No. 1-2016]

POULTRY or FOWL

A domesticated gallinaceous bird thought to be descended from the red jungle fowl. Flesh of chickens, turkeys, ducks or geese raised for food.

PRINTING/SHIPPING FACILITY

An establishment that provides shipping and duplicating services including photocopying, blueprint and offset printing, including collating of booklets and reports.

[Added 2-1-2016 by L.L. No. 1-2016]

PROFESSIONAL OFFICE

An office of a physician, dentist, lawyer, engineer, architect, accountant or other duly licensed or certified professional. If such office is located in a residential zone, see "residential home business."

PROPRIETARY SCHOOL

Postsecondary schools that are private and are legally permitted to make a profit. Most proprietary schools offer technical and vocational courses.

PUBLIC PARK/PLAYGROUND

An area of land set aside for community use, often reserved and maintained for recreational purposes, and may consist of both active and passive recreation.

RECREATION FACILITY

An indoor establishment with the primary purpose of facilitating exercise and recreation for individuals and families. Activities include, but are not limited to, court sports, skating (blades or wheels), climbing, trampolining, indoor shooting and archery. Incidental uses may include the sale of food and drink. Exceptions for outdoor activities limited to batting cages, ball courts, archery range and skate park.

[Amended 2-1-2016 by L.L. No. 1-2016]

RELIGIOUS WORSHIP

Land including structures thereon for public worship and/or religious services. Includes additional buildings which serve as single-family dwelling for religious leaders.

[Added 2-1-2016 by L.L. No. 1-2016]

REPAIR

Replacement or renewal, excluding additions, of any part of a building, structure, device or equipment, with like or similar materials or parts, for the purpose of maintenance, preservation or restoration of such building, structure, device or equipment.

RESEARCH AND DEVELOPMENT

A building or structure built, altered and/or equipped for experimental or scientific study or testing and analysis for experimental research in the natural, physical or social sciences or engineering and development as an extension of investigation with the objective of creating end products, including the limited construction of pilot or test models and materials and which does not emit or pass off sound, vibration, light, odor, smells, smokes and other noxious or bothersome products beyond the boundaries of the structure. This definition is exclusive of any activities involving living organisms of any kind.

RESIDENTIAL HOME BUSINESS

The use of a dwelling that allows for the pursuit of hobbies and business enterprises conducted only by members of the family living in the dwelling. Such uses do not allow a sign, customer or employee parking or the outside storage of materials. Such uses allow for the parking of two licensed motor vehicles associated with the business. Such uses must be consistent with the character of the dwelling and neighborhood. Such uses shall not use more than 25% of the total floor area of the dwelling and in no event more than 500 square feet. Such uses shall not produce offensive noise, vibration, smoke, dust, odors, heat, glare, or other objectionable effects. Such uses shall be allowed in all zones in the Town of Malta.

RESTAURANT

A building or portion thereof where food and beverages are sold to the public for consumption on the premises, and for which take-out is an ancillary use, and for which drive-thru is not a permitted use.

RESTAURANT, FAST FOOD

An establishment that offers quick food service, which is accomplished through a limited menu of items already prepared and held for service or prepared, fried or griddled quickly or heated in a device such as a microwave oven. Orders are not generally taken at the customer's table, and food is generally served in disposable wrapping or containers. Drive-thru allowed by special use permit.

RETAIL, AGRICULTURE

An establishment for the wholesale and/or retail sale of agricultural commodities and products, including, but not limited to, feed, crops, trees, shrubs, plants, flowers, vines, sod, Christmas trees, compost, lawn and garden materials, livestock products, and associated equipment, tools, materials and supplies related thereto.

[Added 7-2-2018 by L.L. No. 9-2018]

RETAIL BUSINESS

An establishment for the sale of merchandise to the general public, excluding automobile service/fueling stations as herein defined. All retail business conducted outside of a building shall require an approved site plan as detailed in Article VI of this chapter. Retail business shall not be allowed to be conducted outside of an establishment not approved for retail use or on vacant property. It is not the intent of this definition to prevent a merchant with an established business from having an outside sale of the merchandise sold in its establishment for no more than a period of up to 14 days in a three-month period, nor is it intended to prevent nonprofit organizations from having fund-raising events.

RETAIL, MID-SIZE

A business for the sales, rental or repair of goods or delivery of services exceeding 10,000 square feet with a maximum of 35,000 square feet. Maximum building size is an aggregate of the buildings associated with the business.

[Added 2-1-2016 by L.L. No. 1-2016]

RETAIL, RECREATION

An establishment for the sales, rental and/or repair of outdoor recreational sporting goods and equipment, including, but not limited to, clothing, boats and bait. May include tours and classes.

[Added 2-1-2016 by L.L. No. 1-2016]

SCHOOL/COLLEGE/EDUCATIONAL FACILITY

An institution for learning and intellectual development, including primary and secondary schools, colleges, universities, trade and professional schools. Such schools may be a division of the school system consisting of students in one or more grades or other identifiable groups and organized to give instruction of a defined type.

SCHOOL, COMMERCIAL

A school under the financial and managerial control of a private body or charitable trust, accepting mostly fee-paying pupils.

[Added 7-2-2018 by L.L. No. 9-2018]

SELF-SERVICE STORAGE FACILITY

A building or group of buildings two or more stories in height where units are accessed from within the building that are rented or leased for the storage of business and household goods. Access to each building shall be through a secure central entrance, and no other access shall be allowed. Storage of goods by local businesses is limited to low-volume storage and shipment by vehicles no larger than a standard, two-axle, full-size van. Numerous daily deliveries and/or frequent removal of goods for sale by local businesses at another site are not consistent with the intent of this use. Said facility is not intended to be used for warehouse purposes. Storage of hazardous materials in a self-service storage facility is prohibited.

[Amended 2-1-2016 by L.L. No. 1-2016]

SENIOR HOUSING

Housing designated for people over age 55.

SHOPPING CENTER/MALL

A commercial location where groups of four or more stores are located in close proximity to each other on the same parcel of land under one ownership, or where a lesser number of stores total not less than 20,000 square feet of gross leaseable area and meet the same criteria.

SIGN

Any material, structure or device or part thereof composed of lettered or pictorial matter which is located out-of-doors or on the exterior of any building or indoors as a window sign, displaying an advertisement, announcement, notice or name, and shall include any declaration, demonstration, display, representation, illustration or insignia used to advertise or promote the interests of any person or business or cause when such is placed in view of the general public.

SIGN, ADVERTISING

A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the same lot.

SIGN, DIRECTIONAL

A sign limited to providing information on the location of an activity, business or event.

SIGN, FREESTANDING

Any sign not attached or part of any building but separate and permanently affixed by any other means, in or upon the ground. Included are pole signs, pylon signs and masonry wall-type signs.

SIGN, ILLUMINATED

Any sign illuminated by electricity, gas or other artificial light, either from the interior or exterior of the sign, and which includes reflective and phosphorescent light.

SIGN, ILLUMINATED WINDOW

Any illuminated sign placed in the window of a business, which sign may not exceed a maximum of four square feet in area.

SIGN, PORTABLE

A sign, whether on its own trailer or wheels or otherwise designed to be movable and not structurally attached to the ground, a building, a structure or another sign.

SIGN, PROJECTING

A sign which is attached to the building wall or structure and which extends horizontally more than 15 inches from the plane of such wall or a sign which is perpendicular to the face of such wall or structure.

SIGN, SANDWICH BOARD

A sign designed to be movable, not structurally attached to the ground, a building, a structure, or another sign, with a maximum of two sides, which shall be three feet wide by four feet high per side.

SIGN STRUCTURE

The supports, uprights, bracing and framework for the sign. In the case of a sign structure consisting of two or more sides where the angle formed between any two of the sides or the projections thereof exceeds 30°, each side shall be considered a separate sign structure.

SIGN SURFACE AREA

The entire area within a single, continuous perimeter enclosing all elements which form an integral part of the sign. The structure supporting a sign shall be excluded unless the structure is designed in a way to form an integral background for the display. Both faces of a double-faced sign shall be included as surface or area of such a sign.

SIGN, WALL

A sign which is painted on or attached to the outside wall of a building with the face of the sign in the plane parallel to such wall and not extending more than 15 inches from the face of such wall.

SIGN, WINDOW

A sign visible from a sidewalk, street or other public place, painted or affixed on glass or other window material or located inside within four feet of the window, but not including graphics in connection with customary window display or products.

SMALL ANIMAL HOSPITAL

A building where animals are treated for injury or disease, excluding large animals such as horses, cows, etc.

STORY

That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between any floor and the ceiling next above it.

STREET

A public or private way which affords the principal means of access to properties abutting thereto.

STRUCTURE

A combination of materials assembled, constructed or erected at a fixed location, including, for example, a building, stationary and portable carports and swimming pools, the use of which requires location on the ground or attachment to something having location on the ground.

TECHNOLOGY/RESEARCH OFFICE

An office providing scientific, technological, engineering, development and research services.

TENT

A portable shelter made of cloth, canvas or other material, supported by one or more poles and usually extended by ropes fastened to pegs or stakes in the ground.

THEATER

A building that customarily presents motion pictures, films, videotapes, lectures, speeches, live theatrical events or slide shows.

TOWNHOUSE

A building that accommodates two dwelling units separated vertically by a side wall. Units cannot be vertically mixed.

[Added 6-3-2019 by L.L. No. 3-2019]

TRADITIONAL NEIGHBORHOOD DESIGN

A development pattern that reflects the characteristics of urban neighborhoods of 50 to 100 years ago. These are often characterized by mixed land uses, pedestrian circulation, intensively used open spaces and a sense of community. The focus of this design type is shifted away from the automobile and toward the pedestrian.

TRAILER

A vehicle capable of serving as a habitation for one or more persons temporarily or permanently by virtue of its design and features, including but not limited to a flush toilet, kitchen facilities, plumbing and electrical connections and sleeping accommodations.

UNFINISHED BUILDING

A building shall be deemed unfinished if it does not have a permanent roof, completely enclosed outside walls with the finished materials installed, all glazing in place (and if the building is to be used for human occupancy), a permanent heating system with chimney ready for operation, permanent electrical service and sewage system installed.

USE

The specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.

WAREHOUSING

An intermediate storage facility for goods between manufacturer and ultimate use.

WHOLESALE BUSINESS

Establishment engaged in the sale of commodities in quantity, usually for resale or business use, chiefly to retailers, other businesses, industries and institutions. Retail is allowed as an accessory use to the primary business and is limited to 20% of the overall building and outdoor display area for the primary use.

[Amended 2-1-2016 by L.L. No. 1-2016]

YARD (FRONT, SIDE AND REAR)

An open unoccupied space on the same lot with a main building. The depth or width of the yard shall be measured as the least distance between the nearest covered portion of the building and the property line. (See also "minimum yard dimensions.")

Added 12-5-2005 by L.L. No. 12-2005