Accessory Compost Bin

¨      A container less than 50 sq. ft. in area and less than 4’ in height used solely to compost organic materials.

Accessory Dwelling Unit

¨      A separate additional living unit, including separate kitchen, sleeping and bathroom facilities, either attached or detached from a principal, 1 family residential structure on a lot that shall not be used to rent or lease to non-family members except for a caregiver serving the needs of the occupant.

Accessory Pet Kennel

¨      An accessory structure used for the safekeeping of up to 2 dogs or cats.

Accessory Structure

¨      A structure subordinate to the principal structure on the same lot and serving a purpose customarily and distinctly incidental to the use of the principal structure and which accessory structure is compatible with the principal permitted uses or structures.

Accessory Use

¨      A use subordinate and incidental to the primary use of a lot or occupancy of a structure.

Adjoining

¨      When used in reference to land, lots, districts, uses, buildings or other structures on the land, shall mean only those which are contiguous and in contact at some point or line and shall not include those separated by a street.

Adult Use

¨     Shall include the following:

a)         Adult Bookstore: 

1.       An establishment having a substantial portion of its stock-in-trade and offers for sale, for any form of consideration, any one or more of the following:  1) books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, CD’s, DVD’s, slides, or other visual representations that are characterized by an emphasis upon depicting or relating to specific sexual activities or anatomical genital areas; or 2) instruments, devices, or paraphernalia that are designed for use in connection with sexual activities. 

2.         Adult bookstores shall not have enclosed viewing booths.   

3.         For purposes of this paragraph, substantial shall mean more than 40 percent. 

b)         Adult Cabaret: 

1.       A nightclub, bar, restaurant, or similar establishment that regularly features live performances that are characterized by the exposure of anatomical genital areas or by specified sexual activities. 

2.       Adult cabarets shall not have enclosed viewing booths. 

c)         Adult Motion Picture Theatre: 

1.        An establishment where, for any form of consideration, films or motion pictures are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material characterized by an emphasis on the depiction or description of sexual activities or anatomical genital areas. 

2.         Adult Motion Picture Theaters shall not have enclosed viewing booths.  

d)         Adult Hotel or Motel: 

1.        A hotel or motel or similar business establishment offering public accommodations for any form of consideration that: 

a)         provides patrons with closed circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions characterized by an emphasis upon the depiction or description or sexual activities or sexual activities or anatomical genital areas; and/or

b)         rents, leases, or lets any room for less than a six-hour period, or rents, leases, or lets any single room more than twice in a 24-hour period. 

e)         Adult Massage Parlor: 

1.        An establishment where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body is administered, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist, or similar professional person licensed by the state. 

f)           Adult Modeling Studio: 

1.       An establishment whose primary business is the provision to customers of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to such customers and who engage in sexual activities or display specified anatomical genital areas while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers. 

g)         Adult Sauna: 

1.       A sauna, which excludes minors by reason of age, or which provides a steam bath or heat bathing room used for the purpose of bathing, relaxation, or reducing, using steam or hot air as a cleaning, relaxing, or reducing agent, if the service provided is characterized by an emphasis on sexual activities or anatomical genital areas. 

h)         Sexual Encounter Establishment: 

1.       An establishment other than a hotel, motel, or similar establishment offering public accommodations, which, for any form of consideration, provides a place where two or more persons may congregate, associate, or consort in connection with sexual activities or the exposure of anatomical areas.   

2.        A hotel or motel or similar business establishment offering public accommodations for any form of consideration that: 

a)         provides patrons with closed circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions characterized by an emphasis upon the depiction or description or sexual activities or sexual activities or anatomical genital areas; and/or

b)         rents, leases, or lets any room for less than a six-hour period, or rents, leases, or lets any single room more than twice in a 24-hour period. 

i)           Adult Massage Parlor: 

1.       An establishment where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body is administered, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist, or similar professional person licensed by the state. 

j)           Adult Modeling Studio: 

1.       An establishment whose primary business is the provision to customers of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to such customers and who engage in sexual activities or display specified anatomical genital areas while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers.

k)         Adult Sauna: 

1.       A sauna, which excludes minors by reason of age, or which provides a steam bath or heat bathing room used for the purpose of bathing, relaxation, or reducing, using steam or hot air as a cleaning, relaxing, or reducing agent, if the service provided is characterized by an emphasis on sexual activities or anatomical genital areas. 

l)           Sexual Encounter Establishment: 

1.       An establishment other than a hotel, motel, or similar establishment offering public accommodations, which, for any form of consideration, provides a place where two or more persons may congregate, associate, or consort in connection with sexual activities or the exposure of anatomical areas.   

Alcoholic Beverage

¨      Any beverage containing alcohol including but not limited to beer, liquor or wine.

Alley

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

Alter

¨      To change, enlarge or rearrange the structural parts of the exit facilities of a structure or to move a building from one location or position to another.

Alteration

¨      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.

Animal Hospital

¨      A structure where animals or pets are given medical or surgical treatment, including veterinary clinic and offices.  May include an incinerator.

Antenna

¨      A structure or devices used for the transmission or reception of radio or electromagnetic frequency signals, lights, sound or other communication signals.  Antennas shall not include TV/radio transmission towers licensed by the FCC.

Antique Shop

¨      A retail store specializing in the selling of antiques.

Apartment

¨      A dwelling unit used for lease or rent as a residence.

Apartment Building

¨      A building containing 3 or more apartments.

Apartment, Garage

¨      An Accessory Dwelling Unit consisting of an apartment located above a private garage.

Appeal

¨      Shall mean a request for review of the Code Enforcement Official’s interpretation of any provisions of this Article or a request for a variance from the requirements of this Article.

Applicant

¨      The person, persons, partnership, corporation, association or other entity named as applicant in an application for a Building and Zoning Permit, zone change, variance, or other approval required by this Ordinance.  An Applicant must either: own the real property, have a signed purchase contract, hold an executed written contract giving the applicant the right to purchase, hold an executed lease or possess some other means of property control acceptable to the Code Enforcement Official.

Arcade

¨      A building or area used to store and utilize computer games for retail use.

Area of Special Flood Hazard

¨      Lands in the City of Johnstown located in the floodplain, subject to a one-percent or greater chance of flooding in any given year.  This area may be designated as Zone A, AE, AH, AO, A1 to A99, V, VO, VE or V1 to V30.  It is also commonly known as the “base floodplain” or “one-hundred-year floodplain.” 

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.  Also known as Building Coverage.

Area Variance

¨      The authorization by the Zoning Board of Appeals for the use of land in a manner, which is not allowed by the dimensional or physical requirements of the applicable zoning regulations.

Art Gallery

¨      A place where works of art, such as paintings and sculptures are exhibited, loaned, appraised or sold.

Artist Studio

¨      The working place of one or more painters, print makers, photographers, jewelry makers, sculptors or artisans working with paper, ceramics, clay and/or other fine art or craft materials, of persons working in the graphic or computer arts, or performing artists such as musicians, dancers or theater artists.  Tattoo appliers and body piercers shall not be considered artists for the purpose of this use.

Attic

¨      Any area under a roof, with or without a finished floor, which does not meet other requirements for livable floor area.

Auto Junkyard 

¨      Two or more old or secondhand motor vehicles no longer intended or in condition for legal use on the public highways.

Automobile Dealership

¨      A place authorized by applicable state regulations where new or used motor vehicles, including recreational vehicles, are sold, leased, displayed and maintained for commercial sale.

Automobile Parts

¨      A retail building used for the display and sale of new and used parts and supplies for motor vehicles.  

Automobile, Rental

¨      A structure used for the storage and rental of automobiles and trucks.

Automobile Service Station

¨      A building where gasoline, oil and greases, batteries, tires and automobile accessories are supplied and dispensed directly to the motor vehicle trade, at retail, and where minor repair service is rendered including automobile painting, body repair and customizing.

Aquaculture

¨      Shall mean the production of aquatic plants or animals under controlled conditions for harvesting and processing of food for human consumption.

Bakery 

¨      A building used either for the preparation of or retail sale of baked products on-site or goods for consumption off-site.

Bank or Financial Institution

¨      A building open to the public that is utilized for making deposits, loans, investments and similar financial transactions.

 Banquet Hall

¨      A building leased or rented for private parties or functions.

Bar, Night Club or Tavern

¨      A business establishment licensed by the State of New York to serve alcoholic beverages which serves such beverages for consumption on the premises and may include the serving of food and other beverages along with entertainment as accessory uses.

Barber Shop

¨      An establishment used for the practice of barbering.

Barn

¨      A building, often found on a farm, used for storage or keeping animals such as cattle or for storing grain or animal feed.

Beauty Salon

¨      An establishment wherein cosmetology is offered or practiced for compensation.

Base Flood

¨      The flood having a one-percent chance of being equaled or exceeded in any given year.

Basement

¨      A story partly underground but having at least ½ of its height above the average level of the adjoining ground.  A “basement” shall be counted as a story for the purposes of height measurement if the vertical distance between the ceiling and the average level of the adjoining ground is more than five feet or if it is used for business or dwelling purposes.

Bed-and-Breakfast

¨      An owner-occupied one-family dwelling unit that also contains a maximum of six (6) guest rooms, where short-term lodging, food and drink are provided for compensation.

Berm

¨      A man-made mound of earth designed for decorative, screening or buffering purposes.

Boarding Home

¨      A dwelling or other residential structure in which more than two (2) but less than ten (10) rooms are used, rented or hired out for pay, with or without meals, over an extended period of time.  The term “Boarding Home” shall include “rooming house”, “lodging house” and “tourist house”. 

Body Painting Studio

¨      An establishment wherein patrons apply paint or similar matter onto another person for compensation.

Bookstore

¨      An establishment used for the sale, rental or other distribution of books, magazines, newspapers, greeting cards, video tapes, computer software and similar materials for compensation.

Bowling Alley

¨      An establishment providing bowling alleys, equipment and playing area.

Brew Pub

¨      A bar or restaurant, as defined herein, that includes as an accessory use the brewing of malt beverages for consumption on premises.  The area used for brewing, including bottling and kegging, shall not exceed 30% of the gross floor area of the commercial space and shall not produce more than 5,000 barrels of beverage per year.

Brewery Building

¨      A facility used to manufacture, brew beer, ales and similar beverages.  A brewery manufactures more than 5,000 barrels annually.

Building

Building Height

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

¨      The vertical distance measured from the average elevation of the proposed finished grade of the building to the highest point of the roof for flat roofs and to the mean height between eaves and ridge of gable, hip, mansard, pitched or gambrel roofs.  

Building Line

¨      The line or setback beyond which a building shall not extend.

Building, Detached

¨      A building surrounded by open space on the same lot.

Building, Principal

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

Building, Semidetached

¨      A building attached by a party wall to another building normally of the same type on another lot but having one side yard.

Business Services

¨      Shall mean establishments primarily engaged in providing services to businesses for a fee including advertising, mailing, building maintenance, employment services, consulting services, protective services, equipment rental and leasing, copying, photo finishing and personal supply services.

Bulk

¨      A term used to describe the size, volume, area, and shape of buildings and structures and the physical relationship of their exterior walls or their location to lot lines, other buildings and structures, or other walls of the same building, and all open spaces required in connection with a building, other structure, or tract of land.

Car Wash

¨      A building, lot, or portions thereof where vehicles are washed either by the patron or others using machinery and mechanical devices specifically designed for washing motor vehicles.

Carport

¨      An open-sided automobile shelter usually formed by an extension of a roof attached to the side of a building.

Cemetery

¨      A place used for the interment of the dead.

Church or Place of Worship

¨      A building or group of buildings used for regular public worship by members or representatives for conducting religious services and accessory uses.   

Club Membership

¨      An organization catering exclusively to members and their guests, including premises and buildings for recreational or athletic purposes, which are not conducted primarily for gain, provided that there are not conducted any vending stands, merchandising or commercial activities except as required generally for the membership and purposes of such club.

Code Enforcement Official

¨      Shall mean the Code Enforcement Official or one of his staff of the City of Johnstown.

Commercial

¨      Any use involving the sale or rental or distribution of goods, services or commodities, either retail or wholesale, or the provision of recreational facilities or activities for fee. 

Commercial Recreation

¨      A place designed for the conduct of sports, leisure-time activities and other customary recreational activities, including playgrounds, bowling, swimming pools and skating rinks; may include as accessory uses retail sales and repair of equipment directly related to the activities provided on site as well as food and beverage service for recreation users.

Community Residential Facility

¨      A residence for a dependent population sponsored by a charitable, religious or government agency providing a home like environment and supervision for dependent persons within a setting that is integrated within the community.  It shall be established similar to a single-family residence with shared living areas, kitchen and bathroom facilities.

Composting Facility

¨      A facility where organic material, derived off-site, is processed by composting for use off-site.

Comprehensive Plan

¨      The City of Johnstown Comprehensive Plan.

Condominium

¨      A building or groups of buildings wherein each unit is individually owned and is able to be sold, mortgaged or exchanged independent of the other units and the owner owns the structure and common areas.  Each condominium unit shall be considered as a single-family dwelling.

Convenience Store

¨      A retail establishment of less than 5,000 sq. ft. of gross floor area typically located within another use where groceries, convenience and household goods are sold and may include the sale of gasoline.

Corner Lot

¨      A lot that exists on two streets that meet at the lot. 

Copy Store

¨      An establishment engaged in reproduction of printed or electronic material.

Coverage, Lot

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

Dancing Studio

¨      An establishment used to provide dancing instruction.

Day-Care Center

¨      Shall mean an establishment operated under 18NYCRR 418.1(b)(1) as amended.

Day Spa

¨      See Health Club.

Deck

¨      A platform, without a roof, either free standing or attached to a building.

Destination Stops

¨      A specific location along a trail for people to stop and get off the Rail Trail.

Distribution Center

¨      A building where goods and products are received and/or stored for distribution to other locations.

Dormitory

¨      A building with rooms used for sleeping, having either individual or common bathroom facilities but no kitchen facilities.

Driveway

¨      That designated portion of a lot used primarily as a means for motor vehicle ingress and egress from said lot and the temporary parking of one or more vehicles which are generally associated with the owner of said lot.

Drugstore 

¨      An establishment engaged in the retail sale of prescription drugs, non-prescription medicines and related supplies.

Dry Cleaner

¨      An establishment used for cleaning fabrics, textiles and clothing.

Dwelling

¨      A building designed and used as the living quarters for one or more families, but not including a building of mixed occupancy. 

Ø      1-Family Dwelling:  A dwelling with one (1) dwelling unit used exclusively for occupancy by one (1) family.  Includes modular home.  Excludes manufactured home. 

Ø      2-Family Dwelling:  A dwelling with two (2) dwelling units.  Includes modular home.  Excludes manufactured home. 

Ø      Multi-Family:  A dwelling with three (3) or more dwelling units. 

Dwelling Unit

¨      A dwelling or a portion thereof providing complete living facilities, including cooking, sanitary and sleeping facilities, for one family.

Dwelling Unit, Attached

¨      A dwelling unit having common walls with two or more other dwelling units. 

Dwelling Unit, Detached

¨      A dwelling unit having no common walls, floors or ceiling with another dwelling unit.

Educational, Private 

¨      A structure or use dedicated primarily to teaching/education but not defined as public and may include business, trade, artist, evening or similar types of uses.

Education, Public

¨      A structure or use dedicated primarily to public education, K-College, and accredited by the State of New York to teach.

Enlargement

¨      An increase in floor area of an existing building or an increase in the area of land used for an existing open use.

Establishment

¨      The headquarters of a single business including both owner occupants and tenants.

Façade

¨      The main exterior face of a building, sometimes distinguished from the other faces by elaboration of architectural or ornamental details.

Family

¨      One or more individuals occupying a dwelling unit, living as a single household.

Farmers Market

¨      A market, held in either indoor or outdoor public spaces, where farmers can sell produce to the public.

Fence

¨      Any artificially constructed barrier of any material or combination of materials erected or maintained to enclose or screen areas of land, to divide a piece of land into distinct portions or for use as a boundary.

Filed Map

¨      A map, survey or plat filed in the County Clerk’s office of Fulton County.

Flea Market

¨      A lot or parcel, or portion thereof, with outdoor stalls, booths, or selling spaces used for the display of used or new goods, wares, merchandise, antiques, collectibles and arts and crafts.

Flood

¨      A temporary increase in stream flow or stage that results in water inundating areas adjacent or near to the usual channel.

Flood, One-Hundred-Year

¨      The highest level of flood that, on the average, is likely to occur every 100 years or that which has a one-percent change of occurring in any year.

Flood-prone Areas or Floodplain

¨      The channel of a watercourse and its adjacent areas subject to inundation by the one-hundred-year recurrence interval flood.

Floodproofing

¨      Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

Floor Area

¨      The sum of the gross horizontal areas of the several floors of a building or buildings, measured from the exterior face of exterior walls or from the center line of walls separating two buildings, and excluding breezeway and garage areas and basement and attic floor areas used only for accessory uses.

Florist 

¨      An establishment used for selling of plants and flowers which are not grown on-site.

Fraternal Organization

¨      An establishment used by a body of people associated with a common interest or purpose.

Frontage

¨      The extent of a building or a lot along a street as defined herein.

Funeral Home

¨      A structure used for furnishing funeral supplies and services to the public, including facilities intended for the preparation of the dead human body for interment or cremation.

Garage, Residential

¨      An accessory structure or portion of main building used primarily for the storage of one or more motor vehicles, owned by the occupants of the principal structure, provided that no business, occupation, or service is conducted therein, nor space therein is leased to a nonresident of the premises.

Garage Sale

¨      A sale of used personal or household items held on the seller’s premises.

Gazebo

¨      A freestanding, roofed, open-sided building used in a garden, lawn, park or for aesthetics.

Government Use

¨      Any place used by a public agency or public authority for a bona fide governmental function.

Grade, Established

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

Grade, Finished

¨      The elevation at which the finished surface of the surrounding lot intersects the walls or supports of a building or structure.  If the line of intersection is not reasonably horizontal, the finished grade, in computing height of a building and structure, shall be the mean elevation of all finished grade elevations around the periphery of the building.

Greenhouse, Commercial

¨      A building or structure used for growing flowers, plants, shrubs, trees and similar vegetation, used for retail or wholesale sales.

Greenhouse, Residential

¨      An accessory structure used for growing flowers and plants.

Health Care Facility

¨      A place where medical, dental, vision, nutrition, physical therapy, chiropractic, and other similar health care services are furnished to persons on an out-patient basis by two (2) or more physicians or professional health care providers who have common offices in a building which may also offer laboratory/testing facilities, medical or surgical procedures, and similar health care services.

Health Club

¨      An establishment designed and equipped for the conduct of sports, exercise, leisure time activities or other recreational uses open only to members or for a fee.  A day spa shall be a Health Club.

Heat Exchanger

¨      A device that transfers heat from one liquid to another without allowing them to mix.

Historic Property

¨      A place located on the State or National Register of Historic Places.

Home Improvement Center

¨      An establishment utilized for retail sale of basic hardware, building materials and supplies, tools, equipment, garden supplies, appliances and similar materials.

Home Occupation 

¨      A business conducted entirely within a dwelling by the residents of said dwelling which business is clearly secondary to the use of the dwelling for living purposes and which said business does not change or impact the character of the neighborhood.

Hospital

¨      A structure licensed by the State of New York and for the diagnosis, treatment or other care of physical or mental human ailments, including inpatient care and/or outpatient treatment programs and clinics, and which may offer a variety of services such as laboratories, physical therapy, medication education, health screening and referral rehabilitation programs, day treatment programs and private doctors’ offices.  The term shall not include a rest home, nursing home or convalescent home. 

Hotel/Motel

¨      A building containing sleeping rooms in which lodging is provided primarily for transient guests for compensation, which may include public dining facilities and may also include accessory uses such as conference/meeting rooms, restaurant and recreational facilities.

House Trailer

¨      See Manufactured Home.

HVAC Equipment

¨      A device utilized to heat, ventilate or air condition a building or space.

Industrial

¨      The use of land or buildings for the manufacturing, processing, fabricating, finishing, blending or assembly of raw materials, parts, goods substances or any combination thereof. 

Jewelry Store

¨      An establishment used to buy, sell and repair new and used jewelry.

Junk

¨      Any worn-out, cast-off or discarded articles or material, either mechanical or semi-mechanical, automotive or semi-automotive, which is ready for destruction or has been collected or stored for salvage or for conversion to some other purpose or use of, if automotive, cannot be readily moved at any time under its own power.

Junk Business

¨      An establishment where junk, waste, discarded or salvaged materials are bought, sold, exchanged, sorted, stored, baled, packed, disassembled, handled or abandoned, but not including pawnshops, or establishments for the sale, purchase or storage of used furniture, household equipment, clothing, or used motor vehicles capable of being registered or machinery to be reused for the purpose for which originally manufactured.

Junkyard

¨      A lot or structure primarily used for the outside storage and collection or sale of used and discarded materials, including but not limited to wastepaper, rags, metal, building materials, house furnishings, machinery, vehicles or parts thereof, including “junk” as defined in this section, with or without the dismantling, processing, salvage, sale or other use or disposition of the same.  The placement, storage, parking or deposit of two or more unlicensed motor vehicles, two (2) or more junk Manufactured Homes, four (4) or more junk appliances or the major parts of two or more such vehicles, shall be deemed to make the lot a “junkyard”.

Kennel

¨      A structure used for the safekeeping, breeding, boarding or training of more than four (4) dogs, cats six (6) months and older for which a fee is charged.

Laboratory 

¨      A place used for scientific research, investigation, testing or experimentation but not for manufacturing or sale of products except as an accessory use to the laboratory.

Landmark

¨      A notable building or place with architectural, historical, cultural, aesthetic or geographical significance.

Landowner

¨      A person, firm, partnership or other legal entity owning a parcel of land.

Landscaped Area

¨      An area that is permanently devoted and maintained for the growing of shrubbery, grass and other planted material.

Landscaping

¨      The improvement of a lot, parcel or tract of land with grass and shrubs, trees, and/or other planted material.  Landscaping may include pedestrian walks, flower beds, ornamental objects such as fountains, statuary, and other similar natural objects designed and arranged to produce an aesthetically pleasing effect.

Laundromat

¨      A building or use where laundry machines are made available to the public for the purpose of cleaning and drying. 

Line, Street

¨      The dividing line between the street and the lot.

Liquor Store

¨      An establishment used to store, display and sell alcoholic beverages.

Loading Space

¨     Any off-street space available and used for the loading of unloading of raw materials, goods and products. 

Lot

¨     A piece, parcel, tract or plot of land in one ownership to be occupied by one principal building and accessory buildings or utilized by one principal building and accessory structure or utilized for one principal use or uses accessory thereto, and including such open spaces as required by this chapter.

Lot Area

¨      The total horizontal area included within lot boundaries.  Lot area shall exclude areas within a public right-of-way.

Lot Coverage

¨      The lot area or percentage of lot area covered by buildings, including accessory structures, and all other impervious surfaces.

Lot Depth

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

Lot Frontage

¨      A lot line which is coincident with a street line.

Lot Line, Front

¨      In the case of a lot abutting upon only one street, the line separating the lot from the street; in the case of any other lot, the street lot line as  selected by the property owner.

¨      Where a lot abuts upon only one street, the lot line along such street shall be the front lot line.  Where a lot abuts upon more than one street, the assessment roll of the city shall determine 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 Line, Street

¨      A lot line separating the lot from a street.

Lot Lines

¨      The property lines bounding a lot.

Lot Width

¨      The horizontal distance between the side lot lines, measured at right angles to the lot depth.

Lot, Corner

¨      A lot located at the junction of and fronting on two or more intersecting streets.

Lot, Depth

¨      The distance between the front and rear lot lines measured along side lot lines.

Lot, Double Frontage

¨      A lot in which the front lot line and rear lot line abut a street.

Lot, Interior

¨      A lot other than a corner lot.

Lot, Nonconforming

¨      Any district lot, lawfully existing at the enactment of this chapter, where the owner (owners) of said lot does not own any adjoining property, the subdivision of which would create one or more conforming lots, which does not conform to the minimum width, depth and area dimensions specified for the district in which said lot is located.

Lot of Record

¨      Any lot which has been established as such by plat, survey record, or deed prior to the date of this Chapter as shown on the records in the Office of the County Clerk.

Lot, Through

¨      A lot which faces on two streets at opposite ends of the lot and which is not a corner lot.

Lot, Width

¨      The distance between side lot lines measured parallel to the front lot line at a distance from the front lot line equal to the front yard specified for the district.  For purposes of new building construction and in the case the lot width as measured above is substandard and in the case all other dimensional requirements of the lot as prescribed by this Chapter are satisfied, the lot width shall be measured at a length defined as parallel to and 15 feet from the face of the proposed structure as it is oriented to the front lot line.

Manufacturing 

¨      The manufacture from previously prepared materials, of finished products or parts including processing, fabrication, assembly, treatment and packaging of such products, as well as the incidental storage, sale and distribution of such product or parts.

Manufactured Home 

¨      A building transportable in one or more sections with a trailer hitch and permanent chassis and which is built in compliance with federal regulations or built prior to June 15, 1976, and is designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes plumbing, heating, ventilating and electrical systems contained therein.  Manufactured homes are certified by the Federal Department of Housing and Urban Development and shall have a seal affixed to them attesting to such.  The term “manufactured home” shall include a Manufactured Home and travel trailer but shall not include a modular home.

Manufactured Home Park

¨      A plot or tract of land separated into two or more spaces or lots, which are rented or leased or offered for rent or lease to persons for the installation of manufactured homes for use and occupancy as residences, provided that the lease or rental agreement.

Massage Establishment

¨      Any establishment having a fixed place of business where massages are administered for pay, including but not limited to massage parlors, sauna baths or steam baths.  This definition shall not be construed to include a hospital, nursing home or medical clinic or the office of a physician, surgeon, chiropractor, osteopath, duly licensed physical therapist or duly licensed massage therapist or barbershop or beauty salon, athletic club, health club, school, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental accessory service.

Medical Clinic

¨      A place where medical care is provided to persons on an outpatient basis only, without overnight accommodations, by one or more members of the medical profession, dentists, chiropractors, osteopaths, therapists or other licensed professionals.

Microbrewery

¨      A facility for the production, packaging and sampling of malt beverages of alcoholic and/or nonalcoholic content for retail or wholesale distribution, on or off the premises, which does not produce more than 15,000 barrels of beverage per year.

Mixed Use

¨      A combination of permitted uses within a Zoning district and whereby specified uses may be co-located in the same structure.

Modular Home

¨      Shall mean a dwelling unit constructed on site in accordance with New York State Building Code and municipal codes and bearing insignia of approval by the Secretary of State of New York which is composed of components substantially assembled in a manufacturing plant and transported to a building site for final assembly on a permanent foundation.

Motel

¨      See “Hotel”.

Museum

¨      A building serving as a repository and display for a collection of natural, scientific, cultural or literacy curiosities, objects of interest or works of art, and arranged for public observation and appreciation, with or without an admission charge, together with customary accessory uses including, for example, retail sale of goods to the public; café food service; art, dance and music performances; literary readings and showing of films.

Neighborhood Store

¨      A structure containing less than 3,000 gross sq. ft. of floor area used for the retail sale of foodstuffs and household supplies.

Nonconforming Building

¨      A building that was lawfully erected prior to the adoption of these amendments of the City of Johnstown’s Zoning Ordinance but that no longer complies with all regulations applicable to the zoning district in which the structure is located. 

Nonconforming Lot

¨      A lot of record which does not comply with the area, shape, frontage, or locational provisions of this Ordinance for the district in which it is located.

Nonconforming Use

¨      A building, structure lot or use of land which does not conform to the use or density regulations for the district in which such building or use is located, either at the effective date of this chapter or as a result of subsequent amendments thereto.

Nursery

¨      Any place used as a garden for the open cultivation and growing of trees, shrubs and other plants, including the replanting of said plants grown at places other than the nursery.

Nursery, School

¨      A place, building or structure designed or utilized to provide regular care or instruction for two or more children under six years of age.

Nursing or Adult Home 

¨      A building, other than a hospital, licensed for nursing care by the State of New York, where persons are habitually housed, furnished with meals and nursing care for remuneration.

Office

¨      A business, office or agency providing service to the general public by a non-NYS licensed profession. 

One-Hundred-Year Flood

¨      See “Base Flood”.

Open Space

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

Outdoor Wood Boiler

¨      A wood-fired furnace located outdoors or separate from the space the boiler is heating wholly.  The furnace heats water that is circulated through a structure through underground piping.

Parcel

¨      An individual lot of land with its own legal description.

Parking Lot

¨      An off-street, ground-level open area for the temporary storage of motor vehicles.  Does not include an area used exclusively for the display of motor vehicles for sale as part of a motor vehicle sales establishment.

Parking, Shared

¨      Two or more land uses or a multi-tenant building that merge parking needs based on different operating hours to gain a higher efficiency in vehicular and pedestrian circulation, economize space, reduce impervious surface and result in a superior grouping of building(s).

Parking Space

¨      A stall or berth which is arranged and intended for parking a vehicle in a garage or parking lot.

Parking Structure

¨      A structure used to park motor vehicles or an off-street area containing two (2) or more parking spaces both of which include means of ingress and egress.

Patio

¨      A paved concrete, brick, flagstone, etc. outside area, in the rear of the property, used for dining, recreation or similar purposes.

Person

¨      An individual, proprietorship, partnership, corporation, association or other legal entity.

Planning Board

¨      The City of Johnstown Planning Board.

Playground

¨      A publicly-owned area used for recreational activities by children.

Playhouse

¨      A small building that children play inside of.

Porch

¨      An accessory structure consisting of a roofed-over structure, projecting out from the wall or walls of a main structure and often open to the weather.

Preconstructed Home

¨      See “Manufactured Home”.

Principal Use

¨      Shall mean the main or primary use of a building, structure, or parcel of land.

Print Shop

¨      A business that provides graphic design services or prints, reproduces or copies documents, cards, magazines or similar products for customers.

Professional Medical Building

¨      A building utilized or occupied by licensed medical professional for the purpose of providing medical care to patients.  Includes Medical Clinic.

 Professional Offices

¨      A business office or agency providing services to the general public by a professional licensed by the State of New York such as a lawyer, engineer, architect, accountant, physician, chiropractor, therapist, dentist, or similar licensed occupation.

Public Buildings and Uses

¨      A federal, State, County or City building, police station, fire station, library, church, also including playgrounds and City parks.

Public Park

¨      A lot, or portion thereof, owned by any public agency, used or intended to be used for recreation purposes including parks, playgrounds, play fields or other outdoor recreation facilities. 

Public Utility

¨      Persons, firms or corporations supplying gas, electricity, water, power, transportation, television, cable or telephone service to the general public, excluding wireless telecommunication services facilities.  It shall include facilities constructed, altered or maintained by utility corporations, either public or privately owned, or government agencies, necessary for the provision of electricity, gas, steam, heat, communication, collection or other such service to the general public.  It shall include poles, wires, mains, drains, sewers, pipes, conduits, cables, alarms and call boxes and other similar equipment, but shall not include office or administration buildings. 

Rail Trail 

¨      A publicly-owned recreational trail located on the former FJ & G Railroad Right-of-Way.

Recreation Facility

¨      An outdoor or indoor establishment used to provide recreational activities such as swimming, exercise equipment, weightlifting equipment, tennis courts, basketball, baseball, bowling, golf, skateboarding and other similar activities.

Regulatory Floodway

¨      The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height as determined by the Federal Emergency Management Agency in a Flood Insurance Study.

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 of such building, structure, device or equipment.

Restaurant

¨      An establishment that sells food and beverage not defined as a fast food restaurant.

Restaurant, Fast Food

¨      An establishment that sells food and beverages to customers for both on and off-site consumption and where the menu is posted and not printed, customers wait on themselves and where drive-thru service is available.

Retail Store

¨      An establishment that provides goods and/or services directly to customers/consumers where said goods and/or services are available for immediate purchase and removal from the establishment.

Rummage Sale

¨      A sale of assorted secondhand objects contributed by donors to raise money for a charity or a charitable purpose.

Satellite Dish

¨      A dish used to receive or to receive and transmit voice data or video programming services, including but not limited to direct broadcast satellite programming services or high-speed internet access.

Seasonal

¨      A time period not to exceed 180 days.

Setback

¨      The least horizontal distance from an existing or proposed building or structure to the nearest point in an indicated lot line or street line.  

Shed

¨      A small building used for storage.

Shoe Repair

¨      An establishment used to perform repairs on shoes and footwear.

Shopping Center

¨      A group of three or more retail stores in a single structure, depending mostly on customers coming by automobile, and having parking facilities which are integrated with the site plan and the design of the stores.

Site Plan

¨      A drawing prepared by a NYS licensed engineer, architect or land surveyor to specifications and containing necessary elements, as set forth in this Article, which shows the arrangement, layout and design of the proposed use of a single parcel of land.

Solar Panels

¨      Panels located either on the ground or roof of a building, which use the sun’s energy directly to heat water, without using electricity.

Special Use

¨      A use which, because of its unique characteristics, requires individual consideration in each case by the Planning Board before it may be permitted in a District.

Storage Facility

¨      A building, or group of buildings, designed and constructed for short or long-term storage of individual or business property for a fee.  A storage facility does not include a warehouse/distribution center, truck terminal or other transfer facility for goods, wares or merchandise.

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 accepted by the City for public use which affords the principal means of access to abutting properties, including the sidewalks.

Street Line

¨      A line separating a lot from a street that is used for the purposes of determining lot area and setback requirements. 

Street Width

¨      The width of the right-of-way or the distance between property lines on opposite sides of a street.

Structural Alterations

¨      Any change in the supporting members of building or structure, including but not limited to bearing walls, retaining walls, columns, beams or girders.

Structure

¨      See Building.

Supermarket

¨      A structure containing more than 3,000 sq. ft. of gross floor area used for the retail sale of food and perishable and non-perishable goods.

Swimming Pools

¨      Any private outdoor artificial body of water or receptacle for water having a depth at any point greater than two feet and used or intended to be used for swimming or bathing and constructed, installed or maintained in or above the ground.

Tailor 

¨      An establishment in which a person or persons make repairs and alterations to suits, coats, dresses and other articles of clothing.

Tanning Studio 

¨      An establishment that utilizes artificial lighting to provide a tan to an individual’s body.  Tanning studio’s exclude day spas and health clubs.

Tattoo Parlor

¨      An establishment that creates tattoos using inks or other substances.

Telecommunication Antenna

¨      A system of electrical conductors that transmit or receive radio frequency waves.

Telecommunication Facility

¨      Any or all of the physical elements of the central cell facility that contains all the receivers, transmitters, and other apparatus needed for cellular/pc’s operation (also known as Base Transceiver Station (BTS).

Telecommunication Tower

¨      A structure on which one or more antenna will be located, that is intended for transmitting and/or receiving radio, television, telephone, wireless or microwave communications for an FCC licensed carrier.

Terrace

¨      A platform extending out from a building.

Theater

¨      A place used for the commercial showing of films or presentation of live entertainment, specifically not including adult entertainment as defined in this code.

Tourist Home

¨      A dwelling, except a hotel or boarding home, as defined elsewhere in this chapter, in which overnight accommodations are provided or offered for transient guests.

Townhouse

¨      A building consisting of a series of one-family attached dwelling units having common party walls between each dwelling unit and each unit is separated from another by one or more vertical, common, fire-resistant walls. 

Travel Trailer

¨      See “Manufactured Home”.

Tree House

¨      A Tree House is a building constructed among the branches, around or next to the truck of one or more mature trees is raised above the ground.

Truck Stop 

¨      A place for the storage and transfer of goods, wares or merchandise by truck transport.

Use

¨      The specific purpose for which land, a structure or a building is designed, arranged or 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.

Use, Principal

¨      The main or primary purpose of which a building, structure and/or lot is designed, arranged or intended, or for which they may be used, occupied or maintained.  The use of any other building, other structure and/or land on the same lot and incidental or supplementary thereto and permitted under this Chapter shall be considered an accessory use.

Use, Prohibited

¨      A use of a building, structure, lot or land, or part thereof, which is not listed as an allowable permitted use or a use requiring a special permit.

Use Variance

¨      The authorization by the Zoning Board of Appeals for the use of land for a purpose, which is otherwise not allowed or is prohibited by the applicable zoning regulations.

Variance

¨      A grant of relief from one or more of the requirements of this Chapter.

Veterinary Hospital/Office

¨      The use of a structure or lot for the treatment and/or examination of animal illnesses, including facilities for boarding animals receiving examination or treatment.

Wall

¨      A structure of wood, stone or other materials or combination thereof intended for security, screening or enclosure or for the retention of earth, stone, fill or other materials as in the case of retaining walls or bulkheads.

Warehouse

¨      The use of a structure or lot for the storing of goods, wares, and merchandise, whether for the owner or for others, prior to shipment elsewhere.

Woodshed

¨      A small building used to store wood.

Yard

¨      An unoccupied space open to the sky on the same lot between a building or structure and a lot line.

Yard, Front 

¨      A yard extending between the side lot lines and situated between the street line and the front line of the principal building or use projected to the side lines of the lot.

Yard, Rear

¨      A yard extending between the side lot lines of a lot and situated between the rear lot line and the rear line of the principal building or use projected to the side lot lines; or, on a corner lot, a yard extending between the interior side lot line and the exterior side yard and situated between the rear lot line and the rear line of the principal building or use projected to such interior side lot line and exterior side yard.

Yard, Required

¨      A yard having a depth or width set forth in the applicable district  regulations.  Such width or depth shall be measured perpendicular to lot lines.

Yard, Side

¨      A yard extending between the front yard and the rear yard of a lot and situated between the side lot line and the adjacent side line of the principal building or use; or, on a corner lot where a side lot line abuts a street, a yard extending between the front yard and the rear lot line and situated between the side lot line and the side line of the principal building or use projected to the rear lot line.

(1)   Exterior side yard means a side yard abutting on a street line.

(2)   Interior side yard means a side yard abutting on a lot line of an adjoining lot. 

Zoning Board of Appeals

¨      Shall mean that entity charged with carrying out the requirements delegated to it by this Zoning Ordinance, including but not limited to: interpreting the provisions of the Zoning Ordinance; reviewing actions of the Code Enforcement Official; and the granting or denial of Special Permits or variances.

Zoning District

¨      Shall mean a classification within which the regulations specified in this Ordinance are uniform and which is assigned to a particular area of the City by delineation upon the Zoning District Map.

Zoning Map

¨      Shall mean that map identified by the signature of the Mayor and dated and attested to by the City Clerk following the words:  “This is to certify that this is the official Zoning Map of the City of Johnstown”.

LAND USE

RESIDENTIAL

COMMERCIAL

INDUSTRIAL

RAIL TRAIL

PUBLIC USE

SUPPLEMENTAL USE REGULATIONSAPPLY

SF-1

SF-2

MF-1

MF-2

R-P

MH

C-1

C-2

C-3

Accessory Dwelling Unit

A

A

A

A

A

A

A

X

Accessory Structure

A

A

A

A

A

A

B

B

B

B

B

X

Accessory Use

A

A

A

A

A

A

B

B

B

B

B

X

Adult Use

C

Animal Hospital

C

C

Antenna

A

A

A

A

A

A

A

A

X

Antique Shop

B

B

B

Apartment

A

A

A

A

A

B

B

Apartment Building

B

B

B

B

Aquaculture

B

Arcade

B

B

B

Art Gallery

B

B

B

Artist Studio

C

C

C

C

A

B

B

Automobile Dealership

B

B

Automobile Parts

B

B

Automobile, Rental

B

B

Automobile Service Station

B

B

X

Bakery

B

B

B

Bank or Financial Institution

B

B

B

Banquet Hall

B

B

Bar, Nightclub or Tavern

B

B

B

Barber Shop

B

B

Beauty Salon

B

B

Bed-and-Breakfast

B

B

B

B

X

Boarding Home

B

B

Body Painting Studio

B

B

B

Bookstore

B

B

B

Bowling Alley

B

B

B

Business Services

B

B

B

Brewery

B

B

B

Car Wash

B

B

X

Carport                  

A

A

A

A

A

A

A

A

X

Cemetery

B

Church or Place of Worship

B

B

B

B

B

Club Membership

B

B

B

LAND USE

RESIDENTIAL

COMMERCIAL

 INDUSTRIAL

 RAIL TRAIL

 PUBLIC USE

SUPPLEMENTAL USE REGULATIONS

APPLY

SF-1

SF-2

MF-1

MF-2

R-P

MH

C-1

C-2

C-3

Commercial Recreation

B

B

B

Community Residential Facility

C

C

B

Condominium

B

B

Convenience Store

B

B

B

Copy Store

B

B

B

Dancing Studio

B

B

B

Day Care Center

B

B

B

X

Deck

A

A

A

A

A

A

A

A

A

Destination Stops

B

Distribution Center

C

C

B

Dormitory

B

B

B

B

Drugstore

B

B

C

Dry Cleaner

B

B

C

Dwelling, One-Family

A

A

A

A

A

A

B

B

Dwelling, Two-Family

A

A

A

B

B

Dwelling, Multi-Family

A

A

B

B

Educational, Private

B

B

B

Educational, Public

B

Fence

A

A

A

A

A

A

A

A

A

A

X

Florist

B

B

B

Fraternal Organization

B

B

B

Funeral Home

B

B

C

X

Garage, Residential

A

A

A

A

A

A

B

B

X

Government Use

B

Greenhouse, Commercial

B

B

X

Health Care Facility

B

B

B

B

Health Club

B

B

B

Home Improvement Center

B

B

Home Occupation

C

C

C

C

C

B

B

Hospital

B

Hotel

B

B

B

Industrial

B

Jewelry Store

B

B

B

Junk Business

C

Kennel

C

Laboratory

B

B

B

Laundromat

B

B

B

Liquor Store

B

B

B

Manufacturing

B

Manufactured Home

A

LAND USE

RESIDENTIAL

COMMERCIAL

INDUSTRIAL

RAIL TRAIL

PUBLIC USE

SUPPLEMENTAL USE REGULATIONS

APPLY

SF-1

SF-2

MF-1

MF-2

R-P

MH

C-1

C-2

C-3

Manufactured Home Park

B

Massage Establishment

B

B

B

Microbrewery

B

B

B

Museum

B

B

B

B

Neighborhood Store

C

C

C

B

B

B

Nursery

B

B

Nursery, School

B

B

X

Nursing or Adult Homes

B

B

Office

B

B

B

B

Parking Structure

B

B

B

Planned Unit Development

B

B

B

B

Professional Medical Building

B

B

B

B

Professional Offices

A

B

B

B

B

Public Buildings and Uses

B

Public Park

B

B

B

B

B

Public Utility

C

C

C

C

C

C

C

C

X

Rail Trail

B

Recreation Facility

B

B

B

Restaurant

C

C

C

B

B

B

Restaurant, Fast Food

B

B

C

Retail Sales

B

B

B

Satellite Dish

A

A

A

A

A

A

A

A

X

Shoe Repair

B

B

B

Shopping Center

B

Storage Facility

B

B

Supermarket