As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY BUILDING OR STRUCTUREA structure, the use of which is customarily incidental and subordinate to that of the principal building and which is not attached thereto, and is located on the same lot or premises. Accessory structures are not for the purpose of human habitation and include such buildings as garages, garden or tool sheds, barns, and playhouses and such elements as dish antennas and solar collectors.
ACCESSORY USEA use or occupancy which is customarily incidental and subordinate to the principal use, occupancy or tenancy, and located on the same lot or premises, whether such accessory use is conducted in a principal or accessory building.
ACCESSORY; DWELLING UNITAn independent living facility with provisions for cooking, eating, sanitation and sleeping and not less than 400 square feet of livable floor area located within an existing owner-occupied, one-family dwelling (attached) or in a separate accessory structure on the same lot as the main dwelling (detached). Such dwelling unit may only be intended for noncommercial use, for use by related family members or an on-premises caretaker.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
ACCESSORY; RETAIL OR SERVICESCustomary supportive uses such as day-care centers, eating-and-drinking establishments, located within or attached to, and accessory to, a permitted use.
ADULT ARCADEAny place to which the public is permitted or invited wherein coin operated or slug-operated or electronically; electrically or mechanically controlled still or motion-picture machines, projectors or other image-producing devices are maintained to show wages images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
ADULT BOOKSTOREA commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:
A. Books, magazines, periodicals or other printed matter or photographs, films, motion pictures, videocassettes or video reproductions, slides or other visual representations, which depict or describe specified anatomical areas.
B. Instruments, devices or paraphernalia that are designed for use in connection with specified sexual activities. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be defined as an "adult bookstore" or "adult video store" so long as one of its principal business purposes is the offering for sale or rental for consideration of the specified materials which depict or describe specified sexual activities or specified anatomical areas.
ADULT CABARETA nightclub, bar, restaurant or similar commercial establishment which regularly features:
A. Persons who appear in a state of nudity;
B. Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
C. Films, motion pictures, videocassettes, slide or other photographic reproductions, which are characterized by the depiction or description of specified anatomical areas or specified sexual activities.
ADULT MOTION-PICTURE THEATERA commercial establishment where for any form of consideration films, motion pictures, videocassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT THEATERA theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
ADULT USESAdult arcades, adult bookstores, adult cabarets, adult motels, adult motion-picture theaters, adult theaters, adult video stores, escort agencies, nude model studios and sexual encounter centers.
AGRICULTURE; FARM STAND OR MARKETA structure or outdoor market not exceeding 100 square feet, where products grown or produced on the premises by the operator of the market may be sold and purchased.
ALTERATIONAs applied to a building or structure, a change or rearrangement in the structural parts, or in the exit facilities or in building equipment, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another. Normal repair and maintenance are not considered to be alterations.
ANIMAL; BOARDING, COMMERCIAL KENNELAny premises on which any number of dogs are kept for the purpose of sale or for boarding, training, normal care or breeding, and for which a fee is charged or other compensation provided.
ANIMAL; BOARDING, HORSE FARM OR STABLESPremises on which two or more horses not the property of the proprietor are boarded, or on which horses are maintained commercially for hire, exhibition or sale. Any establishment where horse are kept for riding, training, driving or stable for compensation or incidental to the operation of any club, ranch or similar establishment.
ANIMAL; BOARDING, PRIVATE KENNELAny premises on which there are kept four or more dogs more than six months old, not including the keeping of animals in a veterinarian clinic.
ANIMAL; BOARDING, PRIVATE STABLEPremises on which two or more horses not the property of the proprietor are boarded, and including horses of the proprietor not maintained for commercial purposes; is accessory to a farm or dwelling.
ANIMAL; BOARDING, VETERINARY SERVICESAn establishment for the care of dogs and other domestic animals by practitioners of the sciences of veterinary medicine, including on-site boarding.
APARTMENTA multiple dwelling in which dwelling units are leased or rented to tenants.
APPLICANTThe landowner or the agent, optionee, contract purchaser, attorney or other person authorized to act for the landowner in submitting an application under this chapter.
ASSISTED LIVING HOMEA noninstitutionalized facility that is used by people who are generally not able to live on their own, but do not yet need the level of continuous nursing care that a nursing home offers. Also known as a "skilled nursing facility," "independent living," "continuing care facility," "residential care facility" or "life care." Separate and distinct from nursing home or senior housing.
AUTOMOTIVE; GAS STATIONThe supplying or selling of gasoline or other equivalent fuel for motor vehicles at retail direct from pumps and storage tanks. May include accessory facilities for limited motor vehicle service such as lubrication, washing and minor repairs and/or a convenience retail store of up to 1,000 square feet. Does not include a liquefied petroleum filling station.
AUTOMOTIVE; SALES, NEW OR USEDSales, rental or leasing of new or used cars, trucks, boats or other large motorized equipment or vehicles such as tractors or construction vehicles.
AUTOMOTIVE; SERVICE, WASH OR STORAGEGeneral automotive services including oil, brake, muffler or tire replacement, engine or body work, car washing, inspections, etc. Storage of automobiles does not include salvage or junkyard operations.
BASEMENTThe space of a building which is partly below grade, which has more than 1/2 of its height, measured from floor to ceiling, above the average established curb level or finished grade of the ground adjoining the building.
BOARDING; BED-AND-BREAKFASTA dwelling having a resident host on premises in a private single-family or two-family home in which at least three and not more than 10 rooms are provided for overnight accommodations, the rates for which include breakfast and lodging only, and in which no public restaurant is maintained and no other commercial services are offered.
BOARDING; DORMITORYA multiple dwelling which provides sleeping accommodations and domestic facilities and services for a group of college, university or secondary school students.
BOARDING; INN OR HOTELA multiple dwelling or any part thereof which contains living and sleeping accommodations for transient occupancy, which include one or more accessory dining rooms or restaurants and typically provide access to individual sleeping rooms from an internal corridor. Includes inns, hotel resorts or hotel camp complexes.
BOARDING; MOTELA multiple dwelling or any part thereof which contains living and sleeping accommodations for transient occupancy, in which no public restaurant is maintained and no other commercial services are offered and typically provides access to individual sleeping rooms from an external corridor from an outside parking area.
BUILDINGA structure wholly or partially enclosed within exterior walls, or within exterior and party walls, and a roof, affording shelter to person, animals, property or business activity. See "structure."
BUILDING COVERAGEThe amount of land covered or permitted to be covered by a building or buildings, measured in terms of a percentage of the total lot area. Such coverage is to be measured on a horizontal plane at mean grade level and excludes uncovered porches, terraces, and steps.
BUILDING FOOTPRINTThe amount of land area covered by a building or buildings, measured in terms of square feet. Such coverage is to be measured on a horizontal plane at mean grade level and excludes uncovered porches, terraces, and steps.
BUILDING HEIGHTThe vertical distance measured from the average elevation of the finished grade of the building to the highest point of the roof for flat and mansard roofs, and to the mean height between eave and ridge for other types of roofs.
BUILDING INSPECTORA Town employee appointed by the Town Board in accordance with civil service standards and charged with the responsibility of administering and enforcing this chapter, as well as the New York State Uniform Fire Prevention and Building Code and Energy Conservation Construction Code.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
BUILDING, PRINCIPALA building in which is conducted the main or principal use of the lot on which said building is located.
BUILDING, SEMIDETACHEDA building attached by a party wall to another building of the same type on another lot, but having one side yard.
CAMPGROUNDAny parcel of land or water or both on which are located two or more cabins, tents, shelters, houseboats, yachts, or other accommodations of a design and character suitable for seasonal or other temporary living purposes, including a summer colony, resort, and day camp, but not including a trailer park, bed-and-breakfast, hotel or motel.
CEMETERYThe land that is set apart or used as a place for the internment of the dead or in which human bodies have been buried, and may include facilities for storing ashes of human remains that have been cremated or the internment of the dead in sealed crypts or compartments, but may not include a structure for the purpose of the cremation of human remains.
CENTRAL WATERFor purposes of this chapter, a water supply system serving five or more dwelling units and approved by the Town of East Greenbush and the Rensselaer County Health Department for either private or public operation.
CERTIFICATE OF OCCUPANCYA document issued by the Town Code Enforcement Official allowing the occupancy or use of a building and certifying that the structure or use has been constructed and can be used in compliance with all the applicable state and Town laws, ordinances and regulations.
CIVIC; CULTURAL FACILITYBuilding and land used for the purposes of educational entertainment including museums, libraries, art galleries, performing art theatres, institutional philanthropic use and public meetings.
CIVIC; RELIGIOUS FACILITYA building wherein persons regularly assemble for religious worship, and which is maintained and controlled by a religious body organized to sustain public worship.
CLUSTER DEVELOPMENTA development pattern in which uses are grouped or "clustered" through a density transfer within a particular development, rather than spread evenly throughout a parcel as in conventional lot-by-lot development. See § 281 of the Town Law.
CODE ENFORCEMENT OFFICIALPosition titles may include: Building Inspector, Assistant Building Inspector, Code Enforcement Official, Fire Marshal, Building Safety Inspector, Zoning Enforcement Officer and also includes Stormwater Management Officer in accordance with Chapter
54.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
COMMERCIAL VEHICLE, HEAVYA vehicle of more than one ton capacity used for the transportation of persons or goods primarily for gain, or carrying a permanently-affixed sign exceeding one square foot in area or lettering of a commercial nature.
COMMERCIAL VEHICLE, LIGHTA vehicle of less than one ton capacity carrying a permanently affixed sign exceeding one square foot in area or lettering of a commercial nature.
CONSTRAINED LANDGenerally used for the calculation of residential density. Includes wetlands, ponds, streams, floodplains or slopes in excess of 15%.
COURT, INNERAn open, uncovered, unoccupied space surrounded on all sides by the exterior walls of a building or structure or by such walls and an interior lot line of the same premises.
COURT, OUTERAn open, uncovered, unoccupied space which has as least one side opening on a legal open space.
CREMATORIUMA structure for the purposes of the cremation of human remains.
DENSITYThe ration of lot area per family or dwelling unit on a lot.
DEVELOPABLE AREAThe lot area less the area of lot containing streams, ponds, wetlands, or areas of slope greater than 15%.
DEVELOPMENTAny activity other than normal agricultural, conservation or forest management activity which materially affects the existing condition of land or improvements, including but not limited to:
A. Removal of trees or other natural cover;
B. Substantial excavation or deposit of earth or other fill, including alteration in the banks of any stream or body of water;
C. Construction, reconstruction, alteration, or demolition of any improvement;
D. Dumping or garbaging of any object or material whether mobile, liquid or solid;
E. Commencement of any use of the land or improvements and any change in the type or intensity; and
F. Commencement of any noise, light smoke, or other emission and any change in its type of intensity.
DISTRICT or ZONING DISTRICTAn area, section, or zone of the Town described on the Zoning Map contained within this chapter, and within which uniform requirements regulate the use of land and the height, bulk, density, and setback of structures.
DOUBLE FRONTAGE LOTA lot which fronts upon two streets which do not intersect at the boundaries of the lot. Also known as a "through lot."
DWELLINGBuilding containing not more than two dwelling units occupied exclusively for residential uses.
DWELLING UNITA building or entirely self-contained portion thereof containing complete housekeeping (living, cooking, sanitary and sleeping) facilities for only one family, including any domestic servants employed on the premises, and having no enclosed space (other than vestibules, entrance or other hallways or porches) or cooking or sanitary facilities in common with any other dwelling unit. A boardinghouse, dormitory, motel, inn, nursing home, fraternity, sorority or other similar building shall not be deemed to constitute a dwelling unit.
DWELLING UNIT, DETACHEDA dwelling unit that does not share a common wall, roof, floor or any other structural component with another dwelling unit.
DWELLING, MULTIPLEA. Building containing three or more dwelling units.
B. Building containing living, sanitary and sleeping facilities occupied by one or two families and more than four lodgers residing with either or both such families.
C. 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. Building with sleeping accommodations for more than five persons used or occupied as a club, dormitory, fraternity or sorority house, or for similar uses.
E. Building used or occupied as an old age home.
DWELLING, ONE-FAMILYA detached building containing, and arranged for, one dwelling unit only. A building containing and arranged for two dwelling units shall not be deemed a one-family dwelling on the basis that a doorway or pierced wall exists between the two units.
DWELLING, TWO-FAMILYA detached or semidetached building containing, and arranged for, two dwelling units only or a structure on a single lot containing two dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units. (Note that this definition includes the duplex dwellings.)
EASEMENTA grant of the use of a strip of land by the public or by a corporation for specific purposes.
ESCORTA person who, for consideration, agrees or offers to act as a companion, guide or date for another person or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
ESCORT AGENCYA person or business association who furnishes, offers to furnish or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration.
FAMILYOne or more persons occupying a dwelling unit as a single housekeeping unit. More than five persons, exclusive of domestic servants, not related by blood, marriage, or adoption shall not be considered to constitute a family.
FENCEA vertical enclosure, solid or partially open, to prevent straying from within or intrusion from without or intended to be used as a visual screen, and should be differentiated from a trellis or similar device. A fence is considered a structure for the purposes of this chapter.
FLAG LOTA lot in a flag shape composed of a strip of land referred to as the "flag access driveway" or "flagpole" that leads to leading to a larger, generally rectangular building area, or flag, to be used for development.
FLOOR AREAThe sum of the gross horizontal areas of all floors of the building or buildings on a lot, having a clear height of not less than six feet measured from the exterior faces of exterior walls or from the center line of party walls separating two buildings, including cellar and basement areas. The floor area shall not include roof overhangs projecting less than three feet or any floors or portions thereof contained on terraces or balconies projecting beyond the exterior face of the building.
FLOOR AREA RATIOThe total aggregate floor area of all buildings on a lot divided by the area of such lot.
FRONT or FACADEOf a building, means the outer surface of the principal building most nearly parallel with the right-of-way from which a sign will be viewed. Facade includes the plane area between principal building corners from the ground to roofline.
FRONTAGE, LOTThat side of the lot coincident with the street line. A corner lot shall be considered to have two such frontages.
GARAGE, PUBLICAny garage, other than a private garage, available to the public and operated for gain for the storage of motor vehicles. Includes the following uses: parking, off-street or garage; parking, off-street or garage, commercial vehicles; and structure, commercial garage or shed.
GRADE, FINISHEDThe elevation at which the finished surface of the surrounding lot, either natural or upon completion of any change in contour, intersects the walls and supports of a structure.
GREENSPACEAn outdoor area of land which can be either natural open space or designed open space. See "open space."
HABITABLE SPACESpace occupied by one or more persons for living, sleeping, eating or cooking.
HEALTH/MEDICAL; HOSPITAL OR CLINIC, INPATIENTA facility for the treatment and care of human ailments primarily designed with inpatient bed facilities, and shall include sanitariums, mental health facilities and community residences.
HEALTH/MEDICAL; OFFICES OR CLINIC, OUTPATIENTA facility for the treatment and care of minor human ailments primarily designed without any inpatient bed facilities, such as medical offices, dentists, and laser eye surgery centers.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
HOME OCCUPATIONAny limited personal, professional service or business use conducted within a dwelling which use is clearly incidental and secondary to the use of the premises for residential purposes and does not change the residential character thereof. Such use shall be fully consistent with the use limitations established within §
57-53 of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
HOMEOWNERS' ASSOCIATIONA community association, including a condominium association, which is organized in a residential development in which individual owners have a shared interest in and responsibility for open space or facilities.
HOUSEHOLDThe person or persons occupying a dwelling unit or a family living together in a single dwelling unit with common access to and use of all living and eating areas within the dwelling unit, distinguished from a boardinghouse, dormitory, or hotel.
IMPERVIOUS SURFACEAny hard-surfaced, human-made area on a site, or the material itself which prevents, impedes or slows infiltration or absorption of stormwater or rain water directly into the ground at the rate of absorption of vegetation-bearing soils, including but not limited to building roofs, parking and driveway areas, sidewalks, paved recreation areas, asphalt, concrete, gravel, and other surfaces that cover naturally occurring terrain.
INDUSTRY; LIGHT, ASSEMBLY AND FABRICATIONAn establishment or activity primarily engaged in manufacturing, production or assembly which does not involve, on the premises, the use of heat, noise, or odor generating/producing processes, which are detectable off-site. Includes the manufacture of clothing.
INDUSTRY; LIGHT, GENERAL NONNUISANCELight, nonnuisance assembly and fabrication uses which include manufacturing of precision products such as optical goods, business machines, instruments, cameras, clocks, watches, musical instruments or any similar use otherwise not specifically listed which the Town finds to have a limited or negligible effect upon the character of the vicinity with regards to traffic, emission of noise, vibration, odor, smoke, dust, or glare.
INDUSTRY; LIGHT, PRINTING AND PUBLISHINGPrinting and publishing offices with on-site printing operations greater than 2,000 square feet or which require regular truck deliveries or pick-ups of the printed materials.
INDUSTRY; LIGHT, RESEARCH AND DEVELOPMENT LABA use engaged in research and development, testing, assembly, repair and manufacturing in the following industries; biotechnology, pharmaceuticals, medical instrumentation or supplies, communications and information technology, high technology electronics, industrial or scientific products and instrumentation, and computer hardware and software which may include engineering and product development. Office, warehousing, wholesaling, and distribution of the finished products produced at the site are allowed as part of this use.
INDUSTRY; RECYCLING AND MATERIALS REUSEA publicly or privately operated fully enclosed facility that receives recyclable materials for the purpose of sorting, handling, batching and baling prior to transferring to another facility.
INDUSTRY; SALVAGE YARDAn area of land with or without buildings used for or occupied by the storage, keeping, or abandonment of junk, including scrap metals or other scrap, used or salvaged building materials, or the dismantling, demolition, or abandonment of automobiles or other vehicles or machinery or parts thereof. The deposit on a lot of two or more wrecked or broken down vehicles or the major parts thereof for three months or more shall be deemed to make the lot a salvage yard.
LAND-DISTURBING ACTIVITYAny use of the land by any person in residential, industrial, educational, institutional, or commercial development, or in road construction and maintenance that results in a change in the natural cover or topography and that may cause or contribute to sedimentation. Any change of the land surface including removing vegetative cover, excavation, filling, grading and the construction of any structure, but not including the agricultural activities such as planting, growing, cultivating, and harvesting of crops; growing and tending of gardens; harvesting of trees using forestry best management practices.
LANDFILLA disposal facility or part of one at which solid waste, or its residue after treatment, is intentionally placed in or on land, and at which solid waste will remain after closure and which is not a land spreading facility, a surface impoundment, or an injection well.
LANEWAYA public or private road typically designed as a narrow service entrance or alleyway access to multiple adjacent properties for the purposes of shielding vehicles, garage doors, trash facilities and similar utilitarian functions at the rear of the site and out of view from the front.
LIGHT, FULL-CUTOFFA light distribution where no light is permitted at or above a horizontal plane located at the bottom of a luminaire. There will be little to no light at the angles that are usually associated with glare.
LIGHT, HIGH-PRESSURE SODIUM (HPS)A HID light source that typically provides high efficacy, but poor color. Color rendering is better with HPS than LPS, but the source is still considered to be yellow by most people.
LIGHT, LOW-PRESSURE SODIUM (LPS)Considered a single-color light source (appears to be yellow in color and causes most other colors to be seen as gray or brown).
LIGHT, MERCURY VAPORA high-intensity discharge (HID) light source that typically provides long lamp life, but poor color and low efficacy compared to other HID sources.
LIGHT, METAL HALIDEA high-intensity discharge (HID) light source that typically provides good color and high efficacy.
LOTA parcel of land having defined boundaries and considered as a unit, devoted to a specific use or occupied by a structure or group of structures that are united by a common interest, use or ownership, and including customary accessory structures, uses, open spaces and yards.
LOT AREAThe area of a lot taken at its perimeter, exclusive of any portion within a public or private street right-of-way.
LOT LINELine dividing one premises from another, or from a street or other public space.
LOT OF RECORDA legally existing lot at the time of adoption of this chapter duly filed and recorded in the Rensselaer County Clerk's office as either an individual parcel of land or part of an approved subdivision.
LOT, CORNERA lot at the junction of and abutting on two or more intersecting streets where the interior angle of intersection does not exceed 135°. A lot abutting a curved street shall be deemed a corner lot if the tangents to the curve at the points of intersection of the side lot lines with the street lines intersect at an interior angle of less than 135°.
LOT, FLAGA lot so shaped and designed that it only has access to a public right-of-way by means of a narrow strip of land, while the majority of lot area is set back behind another lot.
LOT, FRONTAGEThe portion of a front lot line which directly abuts a street or public right-of-way, measured along the path, straight or curvilinear, of the property line.
LOT, PARENTThe original lot size and configuration prior to subdivision.
MIXED USEThe development of a tract of land (one parcel or more than one combined parcels as a cohesive development project) with two or more different, compatible uses integrated into the design and layout such as but not limited to primary residential and primary nonresidential uses (such as office, retail, public, or entertainment) on the same development site in a compact form. Such a development should be planned as a complementary whole, and functionally integrated to the use of shared vehicular and pedestrian movement, access and accessory uses. A mixed use development should be compatible and protective of any neighboring residential context.
MIXED-USE OCCUPANCYA building, structure or certain parcel premises that provides for a mix/combination of different but compatible uses. For example, a mixed-use building may contain a residential dwelling unit(s) above the ground floor of nonresidential use such as an institutional, civic, office, commercial or retail use. A mixed-use structure that proposes to include a residential occupancy component must meet current New York State building and development codes for safe habitation.
MOBILE HOMEA structure, transportable in one or more sections, which in the traveling mode is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is more than 400 square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities. Includes house trailers but not modular (manufactured) homes nor recreational vehicles.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
MOBILE HOME PARKA property consisting of a tract of land maintained by an operator for mobile homes and buildings or other structures that may be pertinent to their use, any part of which may be occupied by persons for residential purposes other than recreation, traveling or vacationing and who are provided services or facilities necessary for their use of the property.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
MODULAR (MANUFACTURED) HOMEAny building comprised of two or more components, each of which substantially was assembled at a manufacturing facility off-site and are capable of being transported to the home site, which when combined on a foundation constitutes a dwelling unit which is indistinguishable in appearance from a conventionally built home, including but not limited to a sloped roof and permanent foundation. Should be distinguished from "mobile home."
NONCOMPLYING (BUILDING OR STRUCTURE)A building or structure legally existing on the effective date of this chapter or any applicable amendment thereto, but which fails by reason of such adoption, revision or amendment to conform to the present district regulations for any prescribed structure or building requirement, such as front, side or rear yards, building height, building areas or lot coverage, lot area per dwelling unit, dwelling units per building, number of parking and loading spaces, etc.
NONCONFORMING LOTA lot the area, or dimension, of which was lawful prior to the adoption, revision or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING USEA use, whether of a building, sign or tract of land, or combination of these, legally existing on the effective date of this chapter, which does not conform to the present use regulations of the district in which it is located, but which is continuously maintained after the effective date of this chapter.
NUDE MODEL STUDIOAny place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration.
NUDITYThe appearance of a human bare buttocks, anus, genitals or full female breast.
NURSERYA building or structure, and lands associated therewith, for the growing of flowers, fruits, vegetables, plants, shrubs, trees or similar vegetation together with gardening tools and implements which are sold at retail on the premises to the general public.
NURSING HOMEA residential-facility-type of care for people who require constant nursing care and have significant deficiencies with activities of daily living. Also known as a "rest home," separate and distinct from senior housing and assisted living home.
OCCUPANCYUse of a building, structure, or premises.
OPEN AREA, REQUIREDThat area of a lot which shall be a properly maintained combination of natural (not artificial) lawn, trees, shrubs, and other plant material, and may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents, occupants and owners of the development. Required open area shall not include roadways, parking lots, buildings, retention basins and similar features. Also known as "minimum open space."
OPEN SPACE, DESIGNEDA professionally designed, quality, usable outdoor amenity as part of a development project design that is available for unstructured, passive recreation, including pedestrian circulation patterns, and includes landscaping consisting at least of grassy areas and trees. Such a greens area should provide a distinctive design purpose that complements and is fully integral to the project's building and structure patterns and layout and overall character. Designed open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents, occupants and owners of the development, but shall not include roadways, parking lots, retention basins and similar features.
OPEN SPACE, NATURALAny parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space, provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.
OWNEROwner of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, or other person, firm, or corporation in control of a building or lands.
PARENT PARCELA land parcel, legally existing on the date of adoption of this chapter, which is subdivided into smaller parcels. The smaller parcels created would all share the same parent, which was the original area of land.
PARKING SPACE, OFF-STREETA space, not less than 180 square feet excluding driveways or access drives, which is out of the public right-of-way and is available and adequate for the parking of one motor vehicle.
PARKING, COMMERCIAL VEHICLESA parking area dedicated for the sole use of commercial owned vehicles, and not intended for private vehicles or general parking.
PARKING, OFF-STREET OR GARAGELand which is open or semi-enclosed by structures and which is used to provide four or more off-street parking spaces, typically for privately owned vehicles.
PARTY (FIRE) WALLA wall shared by two buildings or used to separate units within a building.
PERFORMANCE GUARANTEEAny security, in accordance with the requirements of this chapter, which may be accepted by the Town as a guarantee that improvements required as part of an application for development are satisfactorily completed.
PERMITTED USEA specific use to which land, lots, buildings, or structures may be used, occupied, or maintained under this chapter as a matter of right.
PERSONAn individual, proprietorship, corporation, association or other legal entity.
PERVIOUSPermeable or porous surface which allows water to pass through it.
PLANNED DEVELOPMENTA structure or group of structures and lands designed for either a single use or mixed-use occupancy, and intended to be maintained and operated as a unit in single ownership or controlled by an individual, partnership, corporation, cooperative or association, and which has certain facilities in common such as open space and recreation areas, utilities and parking facilities, which development has been created under and is fully consistent with §
57-28 of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
PREEXISTING NONCONFORMING USEA use which lawfully existed prior to the adoption of these regulations which is no longer a permitted use at that location, but which shall be permitted to continue as a conforming use by right of a grandfather clause.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
PREMISESA lot, plot, or parcel of land, together with all structures and uses thereon.
PROHIBITED USEAny use which is not listed as a special, or accessory use in the Schedule of Use Regulations shall be considered a prohibited use under this chapter.
RECREATION; COMMERCIAL AMUSEMENTSPermanent or temporary structures or events for traveling carnivals, amusement parks, driving ranges, batting cages, mini-golf, bowling alleys, paintball courses, video arcades and similar recreational activities.
RECREATION; MARINAAny premises containing one or more piers, wharves, docks, moorings, bulkheads, buildings, slips or basins and used primarily for the docking, mooring, storage and servicing of boats for compensation. Such premises may include associated clubhouse, offices and incidental sale of marine supplies and food.
RECREATION; OUTDOOR ASSEMBLY OR AMPHITHEATERAn outdoor public area designed for the purposes of congregation for special events such as music or concert pavilions, theater performances, drive in theaters, music or similar activities.
RECREATION; PRIVATE, VETERAN/FRATERNAL OR SOCIAL CLUBAn organization of persons who meet periodically to promote some nonprofit social, educational, athletic, service or recreational objective and who cater exclusively to members and their guests, with no vending, merchandising or commercial activities conducted except as required generally for the membership and purposes of the club.
RECREATION; PUBLIC, OUTDOOR PARK OR CAMPGROUNDPublicly accessible outdoor amenities such as a campground, nature trail, nature preserve, baseball or football field, basketball or tennis court, pool or swimming hole and similar outdoor recreational play areas or recreational club.
RECREATIONAL VEHICLE (RV)Any device or vehicle which is used for recreational purposes. For purposes of this chapter, the definition of "recreational vehicle" shall include but not limited to campers, travel trailers, popup campers, pickup campers, motor homes, boats, boat trailers, snow vehicles, racing vehicles, cycle trailers, utility trailers or similar vehicles or equipment. Does not include "mobile home" nor "house trailer."
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
REDEVELOPMENTTo demolish existing buildings or to increase the overall floor area existing on a property, or both, irrespective of whether a change occurs in land use. To expand, create an addition or create a major change in the exterior of the building, structure or parking facilities of a site. To restore and improve a site that has been substantially altered in a previous activity.
RESIDENTIALRelating to a building, or any part of a building or group of residential buildings, which contain living and sleeping accommodations for permanent occupancy; "residences," therefore, include all one-family, two-family, boarding, fraternity and sorority houses. "Residences" shall not, however, include the following:
A. Transient accommodations, such as hotels, motels and hospitals;
B. That part of a building containing both residences and other uses which is used for any nonresidential uses, except those accessory uses customarily incidental to residences.
RESORTA building or group of buildings, whether detached or in connected units, containing individual guest units consisting of a room arranged or designed to be available for use as sleeping quarters for transients on a daily rental basis or for vacationers or other persons on a weekly rental basis, provided that one such unit may connect directly with not more than one other such unit. Each unit shall have a door opening on the exterior of the building or on a common hallway leading to the exterior. A "resort motel" may include such accessory uses as a beach cabana, private dock, dining room, restaurant or swimming pool, conference and meeting facilities, or an accessory convenience shop, office or personal service facility, provided that such facility or shop is located within the building without any external sign or display and off-street parking facilities. The term "resort motel" shall not be construed to include "transient motel" or "mobile home park."
RESTAURANTA business enterprise primarily engaged in the retail sale of food and beverages which are consumed by patrons largely on the premises, which may include a bar with drink service as secondary to the amount of floor area and sales generated by the food sales.
C. WITH OUTDOOR SEATINGAny restaurant, bar or tavern with some, or all, of the customer seating is provided outside of the building on a porch or patio. For the purposes of restricting outdoor seating as a use in certain areas, it is only intended to protect against neighborhood noise levels that would be generated by nighttime establishments or where alcohol is served, and is not intended to apply to curb service or daytime establishments.
RESTAURANT; BAR OR TAVERNA business enterprise primarily engaged in the retail sale of alcoholic beverages for consumption on the premises, which may include food service as secondary to the amount of floor area and sales generated by the drink sales.
RETAILA commercial activity characterized by direct, on-premises sale of goods or services to a private consumer, including on-premises manufacturing, processing and preparation customarily associated with department stores, food markets and similar establishments, wholesale sales on site such as retail discount clubs and mail-order operations.
A. SINGLE TENANTA structure occupied by a single retail tenant, with no footprint size limitation.
B. MULTITENANT SHOPPING CENTERA group of two or more retail establishments sharing a common site and having either common walls or a common roof structure, with no footprint size limitation.
D. WITH DRIVE-THROUGHRetail structures such as fast food, pharmacy or similar businesses are permitted which include vehicle drive-through service. Does not apply to banking institutions.
SCHEDULE OF USE REGULATIONSThe controls which enumerate the permitted principal, permitted accessory and special uses within each of the districts established by this chapter.
SEMINUDEA state of dress in which clothing covers no more than the genitals, pubic region and areola of the female breast, as well as portion of the body covered by supporting straps or devices.
SENIOR HOUSINGDwellings specifically designed to house people eligible for senior housing, defined as one of the following: a) A single person 62 years of age or older; b) two or three persons, all of who are 62 years of age or older; c) a married couple in which one spouse is 62 years of age or alder; d) one child residing with a parent who is 62 years of age or older, provided that the child is over the age of 18; e) the surviving spouse of a person 62 years of age or older, provided that the surviving spouse was duly registered as a resident of the development at the time of the elderly person's death, and f) if there is no child in residence, an adult 18 years of age or older residing with a person 62 years of age or older, provided that the adult is essential to the long-term care of the elderly person as certified by a physician duly licensed in New York State. Some senior housing may have communal dining facilities and services such as housekeeping, organized social and recreational activities, transportation services, and other support services appropriate for the residents. Senior housing units should be differentiated from assisted living facilities and continuing care or retirement communities.
SERVICES; PERSONAL CAREBusiness activities carried on directly between individuals within the following categories: a) business functions auxiliary to production and distribution (e.g. real estate, insurance, bookkeeping), and b) labor that does not produce a tangible commodity (e.g. beauty/barbershops, musical and dance instructions, repair and maintenance of personal property, not including vehicles, tools, household appliances and equipment). Personal service shall not include uses necessitating the harboring of animals.
SERVICES; PROFESSIONAL OFFICEOffices for the practice of licensed professionals such as doctor, dentist, architect, engineer, lawyers, accountant, etc., as well as general business offices, newspaper offices, etc.
SETBACKThe minimum horizontal distance from the property line to any structure, roadway, parking area, accessory building or other such improvement on a lot, except necessary driveways.
SEXUAL ENCOUNTER CENTERA business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
A. Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
B. Activities between male and female persons of the same sex when one or more of the persons is in a state of nudity or seminude.
SEXUALLY ORIENTATED BUSINESSAn adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion-picture theater, adult theater, escort agency, nude model studio or sexual encounter center.
SIGNAny 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, including illuminated window signs, displaying an advertisement, announcement, notice of name, and shall include any declaration, display, representation, illustration of insignia used to advertise or promote the interests of any person or business or cause when such is placed in view of the actual public. Signs also include any architectural devices, design or treatment such as painting, striping, lighting or similar methods designed for the purposes of attracting the attention of the public in a manner similar to advertising, and the Planning Board has the authority to regulate in kind.
SIGN SETBACKThe minimum distance required between any property line or driveway and any portion of a sign or sign structure.
SIGN STRUCTUREThe support, 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 of the sides or the projection thereof exceeds 30°, each side shall be considered a separate sign structure.
SIGN, ACCESSORYAny sign related to a business or a profession conducted, or to a commodity or service sold or offered upon the premises where such sign is located.
SIGN, CABINETA sign box which is hollow, typically for the purposes of containing lighting sources so that the exterior face of the sign is illuminated from inside.
SIGN, CANOPYA sign which is mounted on an overhanging projection or shelter which extends beyond the principal building.
SIGN, DOUBLE-FACEDA sign designed to be viewed from two directions and which at no point is thicker than 24 inches measured from the exterior surface of each face and the two faces of such sign are either parallel or the angle between the faces is 30° or less.
SIGN, EXTERNALLY ILLUMINATEDAny sign illuminated by electricity, gas, or other artificial light from the exterior of the sign, and includes reflective and phosphorescent light.
SIGN, FREESTANDINGAny 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 types.
SIGN, INTERNALLY ILLUMINATEDAny sign illuminated by electricity, gas, or other artificial light from the interior of the sign, and includes reflective and phosphorescent light.
SIGN, NONACCESSORYAny sign, including but not restricted to billboards, unrelated to a business or a profession conducted, or to a commodity or service sold or offered upon the premises where such sign is located.
SIGN, PORTABLEAny sign, whether on its own trailer, wheels or otherwise, designed to be movable and not structurally attached to the ground, a building, a structure or another sign. A frequent characteristic of a portable sign is that the space provided for advertising messages may be changed at will by the replacement of lettering or symbols.
SIGN, PROJECTINGA sign which is attached to the building wall or structure and which extends horizontally more than 15 inches from the plane of wall, and a sign which is perpendicular to the face of such wall.
SIGN, SANDWICHA movable, ground sign for advertising of a business, that is not secured or attached to the ground or surface upon which it is located. It is typically constructed in such a manner as to form an "A-frame" or tent-like shape, hinged or not hinged at the top, each angular face held at an appropriate distance by a supporting member.
SIGN, SILHOUETTE ILLUMINATEDAny sign illuminated from behind individual opaque letters which are surface applied to the facade, so that the letters themselves are not illuminated, but the profile of the letters and/or the wall surface behind the letter glow. Also known as a "backlit sign."
SIGN, SURFACE AREAThe entire area within a single, continuous perimeter enclosing all elements of the sign which form an integral part of the display. The structure supporting a sign shall not be included unless the structure is designed in a way to form an integral background for the display. Only one side of a double-faced sign shall be included as surface or areas of such a sign.
SIGN, TEMPORARYAny sign not intended for permanent installation, such as portable signs, emblems, banners, political, real estate and signs at construction sites.
SIGN, WALLA sign which is attached to the wall of a building with the face in the plan parallel to such wall, and not extending more than 15 inches from the face of such wall.
SIGN, WINDOWA sign maintained or painted upon a window or which is inside a structure, within three feet of the window surface and intended to be visible from a parking lot or roadway.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
SIGN; CHANNEL LETTERINGSign text or graphics which are comprised of three-dimensional letters or shapes which are individually applied to the surface of a facade to spell out the sign copy or message. Channel lettering may be hollow "cabinet lettering" to accommodate light sources inside to illuminate each letter from within.
SINGLE OWNERSHIPPossession of land under single or unified control, whether by sole, joint, common or other ownership, or by a lease having a term of not less than 30 years, regardless of any division of land into parcels for the purpose of financing.
SITE PLANThe map or drawing and all related information submitted for review by the Planning Board in accordance with the requirements and procedures specified in §
57-72 of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
SPECIAL USE/SPECIAL USE PERMITA use which is deemed desirable for the public welfare within a given district or districts, but which is potentially incompatible with other uses provided therein. The use shall be therefore subject to approval by the Zoning Board of Appeals and to conditions set forth for such use, as well as other applicable provisions of this chapter.
SPECIFIED ANATOMICAL AREASThe male genitals in a state of sexual arousal and/or the vulva or more intimate parts of the female genitals.
SPECIFIED SEXUAL ACTIVITIESAny of the following:
A. The fondling or other erotic touching of human genitals, pubic legion, buttocks, anus or female breasts.
B. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy.
C. Masturbation, actual or simulated.
D. Excretory functions as part of or in connection with any of the activities set forth in Subsections
A,
B and
C above.
STORAGE; SELF-STORAGE RENTAL FACILITYA structure or structures in which materials, goods or equipment are stored within separate storage units having individual external access, for storage of personal property. Self-storage operations with several separate structures shall all be considered together to form one primary structure for the purpose of site plan review by the Planning Board.
STORMWATERThe flow of water that is generated from a rainfall event or snowmelt.
STORYPortion of a building which is between one floor level and the next higher floor level or the roof.
STREETA. A street improved to the satisfaction of the Planning Board, which is one of the following:
(1) An existing Town, county, or state highway or street;
(2) A street shown on an approved subdivision final plat;
(3) A street shown on a map filed with the County Clerk (in accordance with § 280-a of the Town Law) prior to Planning Board authorization to review subdivisions; or
(4) A street shown on the Town Official Map.
B. A street includes the land between the street right-of-way lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, pedestrianways, parking areas and other areas.
STREET LINEThe dividing line between a lot and a street right-of-way.
STRUCTUREA static construction, or assembly, or materials, the use of occupancy of which requires a fixed location on the ground or attachment to an object having such fixed location. Structures shall include, among others, buildings, stadiums, sheds, storage bins, reviewing and display stands, platforms, towers, walls, fences, swimming pools, gasoline pumps, billboards, signs, and mobile dwellings.
STRUCTURE; CUSTOMARY FARM BUILDINGAccessory building typically associated with regular farming operations for the storage or processing of foods, animals or farm equipment.
SWIMMING POOLAny outdoor pool, tank, depression, or excavation for the specific purpose of swimming that causes the retaining of water to a greater depth than 18 inches and having a water surface area greater than 100 square feet.
TOWNHOUSEA dwelling unit in a building containing at least three connected dwelling units divided by common vertical party walls, with private entrances to each dwelling. A townhouse may include dwelling units owned in fee simple or in condominium or cooperative ownership or any combination thereof.
TRANSPORT; AIRPORT, PUBLICThe 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, restaurants, bars confections, luggage checking and parcel shipping facilities.
TRANSPORT; PUBLIC TRANSIT PASSENGER STATIONEstablishment primarily engaged in providing local or regional transportation services to the public such as train station, taxi station, bus station, limousine or similar methods, but not including repair facilities.
USEThe purpose for which land or a structure is arranged, designed, or intended, or for which either land or a structure is or may be used, occupied or maintained.
USE, PRINCIPALThe main or primary purpose or purposes for which land and/or structure(s) is designed, arranged, or intended or for which such land or structure(s) may be occupied or maintained under this chapter.
UTILITY; PUBLIC SERVICEA structure or right-of-way necessary to serve areas within the community, excluding business office, repair or storage of equipment, wastewater treatment plants, water storage and related accessory improvements.
UTILITY; SMALL ABOVEGROUND STRUCTUREWater or sewer pump stations, electric or telephone distribution boxes, switching or relay stations, transformers and similar enclosed utility structures.
VARIANCEA modification of the use and/or area and bulk regulations of this chapter in an individual case where, due to specific facts and conditions peculiar to a particular property, literal application and strict enforcement would result in undue and unnecessary hardship or practical difficulty that would deprive the owner of reasonable use of the land or structures. Such unnecessary hardship or practical difficulty shall not be construed to include more inconvenience or a desire to make more money.
VEHICLENew or used car, truck, boat, motorcycle, snowmobile, RV, tractor, construction or farm equipment or similar motorized equipment.
WHOLESALEEstablishments engaged in the sale of commodities in quantity, usually for resale or business use, primarily to retailers, other businesses, industries and institutions.
YARDAn open space on the same lot, plot or parcel of land, with a building or building group lying between the closest point of the front rear, or side wall of a building and the nearest lot line, which is, exclusive of trees, shrubs, and natural rock formations, unoccupied and fully open to the sky, except as otherwise provided by the specific provisions of this chapter.
YARD, FRONTThe area of ground extending across the full width of a parcel measured between the side yard lines, the depth of which is the minimum horizontal distance between the street line and the facade of the main building.
YARD, REARThe area of ground extending across the full width of a lot measured between the side lot lines and being the minimum horizontal distance between the rear lot line and the rear of the principal building.
YARD, SIDEThe area of ground extending between any property line other than the street line or the rear lot line and the nearest building facade, and between the required front and rear yard.
ZONING MAPThe map delineating the boundaries of the zoning districts which, along with the zoning text, comprises this chapter.