To cease from actively using land or any premises for its intended use for a period greater than one year.

A self-contained dwelling unit, having its own exterior or interior entrance, which is subordinate to the principal use but on the same lot.

A structure or use customarily incidental and subordinate to the principal building or use and located on the same lot with such principal building or use. A supplemental freestanding building or structure, the use and the size is incidental and subordinate to that of a principal building and located on the same lot therewith and is without living quarters or cooking facilities. Accessory structures shall not include accessory apartments.

See also "use, accessory."

See Chapter 74 of the Town of Schodack Town Code.

The use of land for sound agricultural purposes, including farming, dairy, horse boarding, pasturing, grazing, horticulture, floriculture, viticulture, timber harvesting, animal and poultry husbandry, and those practices necessary for the on-farm production, preparation, and marketing of agricultural commodities, including animals or crops raised for personal consumption or recreational purposes. Agriculture does not include dude ranches or similar operations. Agriculture shall include the following:

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

A commercial enterprise that provides the sale and/or repair of antique goods, of which 80% or more are over 50 years old or have collectible value, directly to the consumer. "Antique shop" does not include stores selling used goods not fitting the aforementioned criterion.

A property owner or agent of a property owner who has filed an application for a land development activity.

Porches, balconies, patios, seating areas, canopies, awnings, etc., which extend outward from the facade of a building which do not count as an extension of the facade itself for the purposes of measuring setbacks and build-to locations.

The combination of controls which establish the minimum size of a lot and the maximum size of a building and its location on such lot.

An establishment where the principal businesses is the receipt, disbursement or exchange of funds and currencies, such as: banks, savings and loans, credit unions, and automatic teller machines (ATMs); the institution may also provide related financial services to consumers. Drive-through services shall only be considered a permitted accessory use or a special use permit in designated districts.

An area primarily devoted to the serving of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages.

A story in a building, the structural ceiling level of which is four feet or more above the average finished grade and the floor level of which is below finished grade at any point on the periphery of the building. A basement shall be counted as a story and 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 used for business or dwelling purposes.

An electronic system that protects energy storage systems from operating outside their safe operating parameters and disconnects electrical power to the energy storage system or places it in a safe condition if potentially hazardous temperatures or other conditions are detected.

One or more devices, assembled together, capable of storing energy in order to supply electrical energy at a future time for the use of emergency replacement electrical needs or work in tandem with the electrical supply of buildings or structures, or for the purposes of feeding or capturing energy to create efficiencies in an electrical grid network, whether or not it is part of a localized or regionally managed system. For the purposes of this regulation, batteries in car vehicles or electrical vehicles not intended to provide sources of energy to buildings or structures are excluded; however, portable battery storage systems are included in this definition.

An owner-occupied residence that offers sleeping accommodations to lodgers in six or fewer rooms for rent and serves breakfast to its lodgers. In commercial districts where permitted, a bed-and-breakfast is not required to be an owner-occupied residence.

Are recognized as an important part of the permitting process to prevent the release of toxic and hazardous chemicals/pollutants to receiving waters. Used with pollution prevention practices they reduce potential pollutant releases and reduce costs as well as pollution risks.

The Zoning Board of Appeals of the Town of Schodack as provided herein.

A vehicle designed for operation as a watercraft propelled by oars or paddles or by sail or power.

A facility to launch and retrieve motorized and non-motorized boats from a trailer or by hand.

A marine retail sales, service, and repair use in which boats are sold or repaired.

A premises or site for the provision of storing boats, enclosed or outdoors, and may include lifting or launching services.

A premises or site for the provision of all such facilities customary and necessary to the construction, reconstruction, repair, or maintenance and accessory sale of boats, marine engines, or marine equipment, supplies, or services of all kinds, including but not limited to rental of covered or uncovered boat slips, dock space, enclosed dry storage space, lifting or launching services.

A strip of land established to protect one type of land use from another with which it is incompatible.

The specific location or flexible area where the facade of a building must be located, measured as both a minimum and maximum setback distance from the Frontage Line.

The space remaining on a lot after the minimum open space requirements (coverage, yards and setbacks) have been met.

Any structure of more or less permanent construction which is permanently affixed to the land, wholly or partially enclosed within exterior walls and a roof affording shelter to persons, animals, property or business activity.

A permit issued by the Code Enforcement Officer authorizing the erection, construction, reconstruction, alteration, repair, conversion, or maintenance of any building, structure, or portion thereof. Such a permit shall not be issued without the signature of the Code Enforcement Officer certifying compliance with this chapter.

The 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 shall be measured on a horizontal plane at mean grade level and excludes uncovered porches, terraces and steps.

Establishments or places of business primarily engaged in retail or wholesale sale, from the premises both indoor and outdoor, of materials used in the construction of buildings or other structures, but specifically excluding automobile or equipment supplies otherwise classified herein. Includes storage areas associated with a primary business.

The base line of the vertical plane, beyond which no portion of a building shall extend.

See "height, building."

A building used for the main or principal use of the lot.

A tract of land, including accessory structures, devoted to primarily outdoor recreation uses but shall not include overnight accommodations for users.

A building, the use of which is devoted to the washing of and cleaning of the interior and exterior of motor vehicles, and may be accessory to a motor vehicle service station, including but not limited to one of the following types:

A roofed accessory structure, which may be permanent or temporary, providing space for the parking of motor vehicles and enclosed on not more than three sides, and shall not include a private garage.

Any space in a building, the structural ceiling of which is less than four feet above the average finished grade.

Official certification that a premises conforms to the provisions of this chapter, the building code and other applicable regulations and may be used or occupied.

A person who has received training and is certified by CPESC to review, inspect and/or maintain erosion and sediment control practices.

The replacement of an existing use by a new use, or a change of ownership, tenancy, or management where the previous nature of the use, line of business, or other function is substantially changed and a Building and Zoning Permit, certificate of occupancy, or a certificate of compliance is required.

A natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.

The term "chicken" shall also include fowl and other domesticated birds commonly associated with farms such as ducks, geese, turkeys, guinea hens, and pheasants raised in confinement. Such domesticated birds are commonly associated with farms and used for eggs or meat. This definition shall not include exotic birds, such as but not limited to emus and peacocks.

A facility designed to accommodate a large number of persons and used for conventions, conferences, seminars, product displays, recreation activities, and entertainment functions, along with accessory functions including temporary outdoor displays, and food and beverage preparation and service for on-premises consumption, and may include accommodations for facility attendees. The accommodations can include sleeping, eating, and recreation.

A natural or landscaped outdoor area provided for the purpose of active or passive public recreation. May include publicly accessible outdoor amenities such as a playground, seating area, picnic area, multi-use path and temporary or permanent small outdoor performance space or religious facility.

Any activity that removes the vegetative surface cover.

Any enclosed receptacle or container made of metal, steel, or a similar product and designed or intended for the donation and temporary storage of clothing or other materials for charitable purposes.

Membership Clubs shall include the following unless exclusively listed in Attachment 1, Schedule of Use Regulations:

A development pattern in which uses are grouped or clustered, rather than spread evenly throughout a parcel as in conventional lot-by-lot development.

A Town employee appointed by the Town Board and charged with the responsibility of administering and enforcing this chapter, as well as the New York State Uniform Fire Prevention and Building Code, as amended, and related regulations. Reference to "Code Enforcement Officer" may be construed to include Building Inspector, Fire Inspector and the like, where applicable.

A nonutility, privately owned installation that produces useful energy, but not limited to electricity, water, thermal, and gas; or produces a service as waste disposal to create or convert to a usable energy; that is intended for sale to the public by use of a distribution system or connection to an existing system, such as a utility, which is owned by an agency which, under public franchise or ownership, or under certificate of convenience and necessity, provides the public with electricity, gas, heat, steam, or water.

The initial disturbance of soils associated with clearing, grading, or excavating activities, or other construction activities.

Any building, structure, premises or part thereof that is designed, constructed, or used for community or governmental or municipal purposes, which may also include such uses as any library, museum, post office, police, rescue and/or fire stations that serve the public; such facilities may incidentally offer recreational, social, educational, and/or cultural activities but shall exclude all buildings and structures belonging to a religious organization or social and/or fraternal organization or membership clubs.

A document or series of documents prepared by the Planning Board setting forth policies for the future growth and development of the Town. Such plan may be officially adopted by the Town Board.

A facility that is used to compress natural gas in order to create additional pressure to increase the amount of gas a pipeline can hold, help move it through a pipeline, or to move it into or from storage.

A parcel's acreage that includes existing buildings (unless said buildings are proposed to be removed), surface water bodies, NYSDEC-regulated freshwater wetlands, federally regulated wetlands, 50% of acreage covered by 100-year floodplains, entire floodways, and lands with slopes of 15% or greater (measured over a fifty-foot horizontal distance), in accordance with this chapter.

A service provided by a contractor(s) administered out of a single-family dwelling as part of a permitted home occupation use; such services shall typically occur off-site away from the dwelling but may include the parking and storing of vehicles, landscaping equipment, construction-related equipment, and other machinery essential to the provision of these services.

A service provided by contractor(s) administered out of a permanent business office; such services shall typically occur off-site away from the business office but may include the parking and storing of vehicles, landscaping equipment, construction-related equipment, and other machinery essential to the provision of services.

A change in use or occupancy of a building, by alteration, update, or other reorganization, to increase the number of families or dwelling units in a structure.

See "Offices, Corporate Centers and Parks."

A place, other than an occupied residence, providing or designed to provide child day care or adult day care on a regular basis away from the child's or adult's residence for less than 24 hours per day by someone other than the parent, step-parent, guardian or relative within the third degree of consanguinity of the parents or step-parents of such child or adult. For purposes of the Town of Schodack Zoning Law, the following uses shall be considered a day care center:

Shall mean care for a child or adult on a regular basis provided in a residence that is not the child's or adult's residence for less than 24 hours per day by someone other than the parent, step-parent, guardian, or relative within the third degree of consanguinity of the parents or step-parents of such child. For purposes of the Town of Schodack Zoning Law, the following uses shall be considered a day care:

The deliberate appropriation of property by its owner for general public use and/or public benefit.

The maximum allowable number of residential units that may be permitted on one lot or the maximum allowable number of lots that may be created through a subdivision, in accordance with this chapter.

An individual who undertakes land development activities.

The establishment of a use on a lot or in relation to a structure, or the erecting or structural alteration of a structure.

A Town employee appointed by the Town Board and charged with the responsibility of serving the Town of Schodack Planning Board and the Town of Schodack Zoning Board of Appeals in assisting with development applications and other powers as may be designated herein.

An establishment engaged in the receipt, storage, warehousing, and distribution of goods, products, cargo, and materials. See also "Warehouse."

An area, section or zone of the Town within which uniform requirements regulate the use of land and the height, bulk, density and setback of structures.

An accessory use to an establishment that dispenses products or services to patrons who remain in vehicles; drive-through services shall be only permitted in designated districts pursuant to the procedures and requirements set forth in Article X and any other supplementary requirements for specific uses set forth in Article V of this chapter.

A private access route directly serving a parking area or parking spaces and such driveway does not provide a route for through traffic. A residential driveway may not serve more than two dwelling units.

An establishment or business maintained for the pickup and delivery of dry cleaning and/or laundry without the maintenance or operation of any laundry or dry-cleaning equipment or machinery on the premises.

A lot or land used primarily for the disposal by abandonment, burial, burning or any other means and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof or waste material of any kind.

Any building or portion thereof designed or used primarily as the residence or sleeping place of one or more persons. A dwelling shall include group homes but not a hotel, motel, extended stay hotel, hospital, nursing home, dormitory, fraternity or sorority house, or other similar structure under the terms of this chapter.

A facility for the repair, maintenance, and sale of heavy equipment or trucks.

A facility for the repair, maintenance, and/or sale of small engine, small motorized equipment and appliances, and all-terrain-vehicles (ATV).

The wearing away of the land surface by action of wind, water, gravity, or other natural forces.

A set of plans prepared by or under the direction of a licensed/certified professional indicating the specific measures and sequencing to be used to control sediment and erosion on a development site during and after construction.

The most recent version of the "New York Standards and Specifications for Erosion and Sediment Control" manual, commonly known as the "Blue Book."

Any activity which removes or significantly disturbs rock, gravel, sand, soil or other natural deposits.

The amount of transparent window glass or other openings in the facade of a building, relative to the overall surface area of the facade. Facade transparency is measured separately for the ground floor levels and upper floor levels. The ground floor area is measured between two feet above the ground to 12 feet above the ground. Facade transparency for upper floors is measured from second finished floor level to the ceiling of the topmost floor.

Any parcel of land which is used for gain in raising of agricultural products, horticultural products, livestock, poultry and dairy products. It includes necessary farm structures within the prescribed limits and the storage of equipment used.

On-farm structures occupied by farm laborers employed or used more than 51% of the year by the farm operation where the structures are located and nonworking family members of such laborers; provided that the number of persons residing in said structures shall not exceed the number permitted by the State of New York for such sized units as are utilized. Farm worker housing shall not include housing for any owners, lessees, or operators of the farm, or any officers, partners, or members thereof, and further provided that the laborers may work inside and/or outside the Town of Schodack during the period they are not working on the Town farm.

A permanent year-round structure for the purpose of the sale of farm produce and agricultural products grown or processed primarily on the farm.

An unroofed, enclosing structure erected for the purpose of preventing passage or view.

The elevation at which the finished surface of the surrounding lot intersects the walls or supports of a building or other structure. If the line of intersection is not reasonably horizontal, the "finished grade," in computing height of buildings and other structures or for other purposes, shall be the average elevation around the periphery of the building, except that this average shall not exceed 1/2 of the floor-to-ceiling height.

A structure built over or floating upon the water and used as a landing place for boats and other marine transport, fishing, swimming, and other recreational uses.

See "Lot, Flag."

The 100-year flood elevation plus two feet above mean high water.

The highest level of flood that, on the average, is likely to occur once every 100 years (i.e., that has a 1% chance of occurring each year).

The maximum area of the floodplain that, on the average, is likely to be flooded once every 100 years [i.e., that has a 1% chance of being flooded every year] and which is designated as an area of special flood hazard in accordance with Chapter 118, Flood Damage Prevention.

The operation of an overall program of corrective and preventive measures for reducing flood damage, flood control works and land use and control measures.

A land area adjoining a river, stream, watercourse or lake, which is likely to be flooded and which is designated as an area of special flood hazard in accordance with Chapter 118, Flood Damage Prevention.

Any combination of structural and nonstructural additions, changes or adjustments to properties and structures which reduce or eliminate flood damage to lands, water and sanitary facilities, structures and contents of buildings.

The sum of the gross horizontal area of the floor or floors of a building as measured from the exterior faces of exterior walls or from the center line of walls separating two buildings. Floor space shared in common with other dwelling units or used for storage purposes or the operation and maintenance of the building shall not be included in computing "floor area."

The sum of the gross horizontal area of a dwelling unit measured from the exterior walls or from the center of a party wall, excluding roof, cellar, and garage. "Livable floor area" shall include spaces such as utility rooms, bathrooms, basements, closets, hallways and attic space having a clear height of at least six feet from the finished floor level to the pitch of the roof rafter, with a clear height of seven feet six inches from the finished floor level to the ceiling level over 50% of the area of such attic space.

A large vehicle equipped with facilities for cooking and selling food, and which may be located at a permanent or semi-permanent location or may be completely mobile from site to site.

The process of injecting liquid at high pressure into subterranean rocks, boreholes, etc., so as to force open existing fissures and extract oil or gas. Fracking is prohibited in the Town of Schodack.

The outer surface of the principal (main) building, measured linearly from corner to corner, which is visible from the main public street or highway. A secondary street, highway or drive shall not be considered frontage if the building is located on a corner property.

The percentage of the lot width which must be occupied by building facade along the build-to location. For example, a property which is 100 feet wide with a frontage width percentage of 60% would require that at least 60 feet of facade length be maintained in the build-to location. Any additional length of front facade would be allowed to step back farther from the frontage line, if desired. The intent of this requirement is to encourage development to maximize the front facade exposure along the street or public space.

The front of a presumed property where a development parcel or property meets with either a public or private right-of way, street, or public space and is where the front of a building is to be located.

See "Lot Frontage."

The sale of gasoline, diesel, propane, kerosene, or any other fuel in bulk and oil and other lubricating substances, including the sale of motor vehicle accessories.

A building or part thereof used for human funeral services. Such building may contain space and facilities for:

Any building or portion thereof, or accessory structure, other than a private garage, operated for gain and which is used for storage of motor vehicles, boats, recreational vehicle, travel trailer, and similar vehicles.

An enclosed space for the storage of one or more vehicles, provided that no business, occupation or service is conducted for profit therein nor space therein for more than one car is leased to a nonresident of the premises.

See "SPDES General Permit."

A tract of land laid out with at least nine holes for playing a game of golf and improved with tees, greens, fairways, and hazards. A golf course may include a clubhouse, restaurant, bar, tavern, pro-shop, restrooms, driving range, and shelters as accessory uses.

The finished surface of the ground on a lot, including but not limited to lawns, landscaped areas, walks, driveways, and ground surface abutting buildings or structures at exterior walls, brought to finished grade as shown on a grading plan approved by the Town of Schodack.

Excavation of fill, rock, gravel, sand, soil or other natural material, including the resulting conditions thereof.

The gross buildable acreage is the land calculated by subtracting the constrained land acreage from the total acreage of the parcel.

A residential structure, in which at least two but not more than six rooms, that is licensed to provide room, board, and supervised care, but not continuous nursing care, for unrelated adult individuals. Shall include unlicensed and licensed homes for: recovering substance abusers; the mentally and physically disabled; special needs populations such as pregnant/parenting teens and victims of domestic violence; and supervised foster homes. Such homes shall share a common kitchen, sanitary facilities and other common living facilities. Group homes, as defined herein, will not include institutional-type facilities such as shelters, transitional housing, single-room-occupancy hotels, or facilities that include more than 14 residents. The term "group home" will also include other non-traditional households such as shared housing arrangements for the elderly and other unrelated populations simply seeking to create a more affordable housing alternative through home sharing.

The vertical distance measured from the mean elevation of the finished grade along the side of the building with the lowest finished grade to the highest point on the coping of a flat roof, to the deck line of mansard roofs and the average height between eaves and ridge for gable, hip and gambrel roofs, but not including chimneys, spires, towers, elevators, penthouses, tanks and similar projections.

Any personal, professional or trade services that is accessory to a one-family dwelling, the principal use of the lot, and does not change the residential character.

An organization of homeowners residing within a particular development whose major purpose is to preserve, maintain and provide community area facilities and services for the common enjoyment of the residents.

A commercial establishment in which lodging is regularly provided and offered to the public for compensation for a maximum of 14 days, and which may include ancillary facilities and services such as restaurants, meeting rooms, entertainment, personal services, and recreational facilities. A hotel/motel unit may not contain a kitchen. Outdoor athletic courts and facilities are permitted accessory uses.

A commercial establishment in which lodging is regularly provided and offered to the public for compensation for greater than 14 days, but shall not be permitted to stay on premises for more than 28 consecutive days, and which may include ancillary facilities and services such as restaurants, meeting rooms, entertainment, personal services, and recreational facilities. An extended-stay hotel/motel unit must contain appropriate refrigeration and food preparation appliances in accordance with this chapter. Outdoor athletic courts and facilities are permitted accessory uses.

Any material which prevents, impedes, or slows infiltration or absorption of stormwater directly into the ground at the rate of absorption of vegetation-bearing soils, including building, asphalt, concrete, and other surfaces.

A State Pollutant Discharge Elimination System permit issued to a commercial industry or group of industries which regulates the pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies.

The process of percolating stormwater into the subsoil.

Any place of storage or deposit, whether in connection with another business or not, of equipment, building materials, junk, vehicles, vehicle parts or any other material whether for the purpose of resale of used parts, for the purpose of reclaiming for use some or all of the materials therein. A junkyard shall include where two or more unregistered motor vehicles or motor vehicles no longer in condition for legal use on public highways or in agricultural activities are held, whether for the purpose of resale of used parts, for the purpose of reclaiming for use some or all of the materials therein, whether metal, glass, fabric or otherwise. Such term shall include any place of storage or deposit for such purposes of used parts and waste materials from the vehicle which taken together equal two or more such vehicles, provided that the term "junkyard" shall not be construed to mean an establishment having facilities for processing or crushing iron, steel or scrap. The term "junkyard" shall also include the use "motor vehicle junkyard." Junkyards shall be a prohibited use under this chapter.

An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.

Any place at which there are kept four or more dogs more than four months of age or any number of dogs that are kept for the primary purpose of sale or for the boarding, care or breeding for which a fee is charged or paid.

Construction activity including clearing, grading, excavating, soil disturbance or placement of fill that results in land disturbance of equal to or greater than one acre, or activities disturbing less than one acre of total land area that is part of a larger common plan of development or sale, even though multiple separate and distinct land development activities may take place at different times on different schedules.

Cleared areas to which trees are hauled for their storage before being transferred off site.

The legal or beneficial owner of land, including those holding the right to purchase or lease the land, or any other person holding proprietary rights to the land.

A person currently licensed to practice engineering or landscape architecture in New York State or is a certified professional in erosion and sediment control (CPESC).

Animals, including but not limited to domestic animals such as sheep, horses, cattle, swine and goats.

A 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.

A legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices.

Any process whereby the nature, size or shape of articles or raw materials are changed, or where articles are assembled or packaged in quantity. For purposes of the Town of Schodack Zoning Law, the following distinctions define Heavy and Light manufacturing uses:

Any premises containing one or more piers, wharves, docks, moorings, bulkheads, buildings, pumping facilities, slips, basins or land under water designed, used or intended to be used primarily for the docking or mooring of boats for compensation.

See "Club, Membership."

A lot or lots, or part thereof, used for the purpose of extracting a mineral or minerals for sale or exchange, or for commercial, industrial, or municipal use; including the preparation and processing of minerals, and any activities or processes or parts thereof for the extraction or removal of minerals from their original location and the preparation, washing, cleaning, crushing, stockpiling or other processing of minerals at the mine location so as to make them suitable for commercial, industrial, municipal, or construction use. A mine shall not include the excavation, removal and disposition of minerals from construction projects.

Any activity which removes or significantly disturbs rock, gravel, sand, soil or other natural deposits. Such use may be subject to permitting requirements of the State Department of Environmental Conservation under the Mined Land Reclamation Law (Environmental Conservation Law, Article 23, Title 27).

See "Use, Mixed-Use."

A tract of land with buildings or structures planned as a whole and intended for more than one principal use. A mixed-use development may include mixed-use structures; permitted uses shall be limited to the uses identified in the Schedule of Use Regulations for the Zoning District in which the mixed-use development is located.

A dwelling unit also known as a manufactured home, built to U.S. Department of Housing and Urban Development (HUD) Manufactured Home Construction and Safety Standards, which has the following characteristics:

Any person, firm, trust, partnership, association or corporation licensed to operate and maintain a mobile home neighborhood under the provisions of this chapter.

An area of land within a mobile home neighborhood designed and designated for the siting of one mobile home.

A residential development intended to accommodate mobile homes, as defined herein, and including various facilities for the service of the residents.

A mobile home constructed on two separate chassis designed to be joined together at the point of use to form a single dwelling.

A dwelling unit constructed off-site consisting of more than one segment designed to be permanently anchored to a foundation, to become a fixed part of the real estate, and which meets all of the standards of the New York State Building Code. A single modular housing unit is considered to be a one-family dwelling for purposes of this chapter.

An area of land, including structures thereon, intended, or designed for making repairs to motor vehicles, their mechanical systems and their body structure, including painting, but excluding the retail sale of gasoline or any other motor vehicle fuel.

An area of land, including structures thereon, intended or designed to be used for the rental, lease, sale and/or resale of motor vehicles, new or used; service and repair of motor vehicles are allowed as an accessory use to motor vehicle sales.

An area of land, including structures thereon, that is used for the sale of gasoline or any other motor vehicle fuel and oil and other lubricating substances, including any sale of motor vehicle minor accessories, and which may or may not include facilities for lubricating or otherwise servicing motor vehicles, but not including the painting thereof by any means.

See "Dwelling, Multifamily."

A condition that occurs when, on the effective date of adoption of this chapter or a previous local law or on the effective date of a local law text amendment or rezoning, an existing lot, structure, building, sign, development, or use of an existing lot or structure, does not conform to one or more of the regulations currently applicable to the district in which the lot, structure, building, sign, development, or use is located.

Pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources.

A permit application prepared and filed by an owner or operator with the Department of Environmental Conservation as an affirmation that a Stormwater Pollution Prevention Plan (SWPPP) has been prepared and will be implemented in compliance with the State Pollution Discharge Elimination System General Permit for Stormwater Runoff for Construction Activity (GP-02-01).

The use of land, buildings or structures.

Any building or part of a building in which one or more persons are employed in the management or direction of an agency, business or organization, but excludes such uses as retail sale; manufacture, assembly or storage of goods; or place of assembly or amusement.

A tract of land that has been planned, developed, and operated as an integrated facility for a number of separate office buildings or supporting ancillary uses with special attention to circulation, parking, utility needs, aesthetics, and compatibility.

That area of a lot which shall be properly maintained with a combination of natural, not artificial, lawn, trees, shrubs and other plant material.

The placement of goods for sale or for advertisement, outside of the building or structure; shall be a permitted as an accessory use in designated districts.

An enclosed or unenclosed portion of a lot or parcel used primarily for the storage of equipment, vehicles, machinery (new or used), and/or building materials, paints, pipe, or electrical components that are for sale.

Shall mean the person(s) or legal entity which owns or leases the property on which the construction activity is occurring; and/or an entity that has operational control over the construction plans and specifications, including the ability to make modifications to the plans and specifications per the General Permit for Construction Activities GP-0-15-002.

Land which is open or semi-enclosed by structures and which is used to provide four or more off-street parking spaces.

A space which is out of the public right-of-way and is available and adequate for the parking of one motor vehicle.

A barrier that prevents sediment from leaving a site by filtering sediment-laden runoff or diverting it to a sediment trap or basin.

See "Retail and Service Establishments."

Area maintained in its natural condition, or that is covered by a material that permits infiltration or percolation of water into the ground, including but not limited to gravel, surfaces and grass pavers. Solar panels or arrays on posts shall be included in the pervious calculation of lot coverage.

Clearing a parcel of land in distinct phases, with the stabilization of each phase completed before the clearing of the next.

A tract of land which is planned and developed as a unit with a grouping(s) of residential, office, or commercial uses together with their accessory structures, and all appurtenant roadways, parking areas, loading areas, open spaces and other necessary facilities.

A floating zoning district applicable throughout all districts in the Town pursuant to the review and approval procedures set forth in this chapter. Such district and the attendant review procedures allows for flexible, well-planned developments that are intended to incorporate a mixture of compatible uses that are beneficial to community needs and goals. A Planned Development District or PDD is considered a floating district in that the potential for one or more Planned Development Districts exists throughout the Town of Schodack.

The Planning Board of the Town of Schodack, appointed by the Town Board pursuant to the NYS Town Law, having such powers and duties as are set out in the NYS Town Law, in this chapter and as lawfully may be further provided by the Town Board.

A map showing a subdivision of land legally approved and recorded.

Sediment or a water quality measurement that addresses sediment (such as total suspended solids, turbidity or siltation) and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the land development activity.

Transportable units (with or without wheels) used primarily for temporary storage of building materials, household goods, personal items, business goods and/or products including inventory and other materials for use on a limited basis. The minimum size of such storage containers or dumpsters subject to this chapter shall be 640 cubic feet, or any such storage container or dumpster that has a length, width or height of 10 feet or more. Portable storage containers and/or dumpsters are prohibited for use as a temporary or permanent dwelling unit.

A lot, together with all the structures and uses thereon.

See "Use, Principal."

Any use which is not specifically provided for in this chapter as a permitted, special use permit, or permitted accessory use shall be considered a prohibited use under this chapter.

Land development activity.

Any land development activity that disturbs one acre or more, including all commercial, industrial, or mixed-use development, as well as any residential development consisting of buildings that contain two or more dwelling units, or any land development activity not classified as a minor project. (The operator of a major project must submit a SWPPP that addresses water quality and quantity controls in addition to erosion and sedimentation controls.)

Any land development activity associated with a permitted agricultural use or single-family residential construction/subdivision that disturbs between one and five acres and is not discharging stormwater directly to a water body listed on New York State 2002 Section 303(d) list of impaired water bodies. (The operator of a minor project must submit a SWPPP that addresses erosion and sedimentation controls.)

An investment, improvement, program, contribution, project, or other action taken by a Utility-Scale solar development that contributes to greenhouse gas reduction, energy efficiency, multimodal transportation, ecological diversity, or habitat preservation as determined by the Town Board.

Central sewage disposal and water supply systems approved by the Town Board for either public or private operation.

A person as defined in the General Permit for Construction Activities GP-0-15-002.

The replenishment of underground water reserves.

An indoor or outdoor area or facility designed and equipped for the conduct of sports and leisure-time activities. A commercial recreational facility operated as a business and open to the public for a fee, and may include recreational facilities such as golf courses, playgrounds, swimming pools, ice rink, tennis courts, waterpark, driving ranges, basketball courts, handball and racquets courts, baseball and softball fields, football fields, polo fields, running tracks, and riding rinks. Such uses may be accompanied by customary accessory uses, which may include food service facilities, meeting rooms, serving of alcoholic beverages, video or computer game facilities, video theater facilities, sales of sport or exercise-related equipment or clothing and other customary accessory uses.

A vehicle which is designed to be self-propelled or permanently towable and not to exceed 45 feet in length; and not designed primarily for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

Any lot or parcel of land upon which two or more recreational vehicle sites are located, established, or maintained for occupancy, for a fee by the owner of such premises, by recreational vehicles of the general public; considered as temporary living quarters for recreation or vacation purposes.

A map or set of maps that shows the physical locations and boundaries of regulatory items such as Zone Districts, Future Streets, and Civic Spaces subject to regulation by this code.

Any structure or place of assembly used for worship or religious instruction by a religious body organized to sustain public worship, together with all accessory buildings and uses customarily associated with such primary purposes, including but not limited to social, dormitory and administrative rooms accessory thereto.

A separate room or rooms for sleeping accommodations let, rented, or leased as a unit by the room or suite; renting of rooms shall be limited to a maximum of two rooms. Renting of rooms shall not mean a Hotel/Motel or a Hotel/Motel, Extended Stay.

Research, development, and/or testing laboratories that do not involve the mass manufacture, fabrication, processing, or sale of products where product testing is an integral part of the operation and goods or products may be manufactured as necessary for testing, evaluation, and test marketing.

Any structure having as a principal use the preparation and dispensing of foods and beverages for consumption either on- or off-premises; drive-through services shall be a permitted accessory use in designated districts.

An ancillary restaurant establishment that provides food and beverages within a larger facility that serves as the principal use.

A commercial enterprise that provides goods and/or services directly to the consumer, where such goods are available for immediate purchase and removal from the premises by the purchaser.

A commercial establishment operation without a permanent structure and only offering outdoor shopping. Such an operation is seasonal in nature and features on-farm produced as well as locally produced agricultural products, enhanced agricultural products and handmade crafts, and not to exceed 500 square feet in area total.

The controls which enumerate the permitted principal uses, special uses, and any permitted accessory uses within each of the districts established by this chapter.[2]

An institution for the teaching of children or adults including primary and secondary schools, colleges, professional schools and similar facilities, as licensed by the New York State Department of Education.

Solid material, both mineral and organic, which is in suspension and is being transported by wind or water and has been removed and deposited to a site other than its site of origin.

Measures that prevent eroded sediment from leaving the site.

The cutting of more than one-half of the existing living trees measuring six-inch diameter at breast height (DBH) in an area of one acre or more, over a period of two consecutive years.

A method of harvesting where trees to be cut are selected and marked via some specified criteria before the harvesting begins.

See "Dwelling, Senior Congregate."

Cold water fisheries, shellfish beds, swimming beaches, groundwater recharge areas, water supply reservoirs, and habitats for threatened, endangered or special concern species.

The minimum horizontal distance from the property line to any structure, roadway, parking area, accessory building or other such improvement, except necessary driveways.

A tract of land 80,000 square feet or more, with buildings or structures planned as a whole and intended for one or more establishments for retail, office or allied purposes.

A sight distance triangle is the area at the intersection of two streets, the intersection of a driveway and a street, or the intersection of an alley and a street. In this triangular area, a clear zone must be maintained to minimize obstructions to view. This can affect the permitted height and location for improvements such as fences, buildings, landscaping, or signs.

Any material, structure or device, or part thereof, composed of lettered or pictorial matter displaying an advertisement, announcement, notice or name, and including any declaration, demonstration, display, representation, illustration or insignia used to advertise or promote the interests of business or cause when such is placed in view of the general public.

A parcel of land or a contiguous combination thereof, where grading work is performed as a single unified operation.

A permit issued by the municipality for the construction or alteration of ground improvements and structures for the control of erosion, runoff, and grading.

That map or drawing and related information submitted for review by the Planning Board in accordance with the requirements and procedure specified in Article XI of this chapter.

Ground areas with a slope greater than 25% covering a minimum horizontal area of 1/4 acre or 10,890 square feet and a minimum horizontal dimension of 10 feet.

Ground areas with a slope greater than 15% covering a minimum horizontal area of 1/4 acre or 10,890 square feet and a minimum horizontal dimension of 10 feet.

Solar collectors, controls, energy storage devices, and any other materials, hardware or equipment necessary to the process by which solar radiation is collected and converted into another form of energy and is stored, protected from unnecessary dissipation and distributed. Solar energy systems include solar thermal, photovoltaic and concentrated solar.

New York State Pollutant Discharge Eliminate System.

See also "Use, Special."

The approval for a special use granted pursuant to the procedures and requirements set forth in Article X and any other supplementary requirements for specific uses set forth in Article V of this chapter.

Means the covering or maintaining an existing cover or soil. Cover can be vegetative (e.g., grass, trees, seed and mulch, shrubs, or turf) or non-vegetative (e.g., geotextiles, riprap, or gabions).

Means that all soil-disturbing activities at the site have been completed, and that a uniform perennial vegetative cover with a density of 80% has been established or equivalent stabilization measures (such as the use of mulches or geotextiles) have been employed on all unpaved areas and areas not covered by permanent structures.

The first land-disturbing activity associated with a development, including land preparation such as clearing, grading, and filling.

An order issued which requires that all construction activity on a site be stopped.

The storage of construction vehicles and related equipment on a site for purposes related to use with construction, or for retail sale, lease, or rental related to a permitted commercial use with the exception of the Residential Agricultural District (RA) which may be permitted in accordance with this chapter.

Rainwater, surface runoff, snowmelt and drainage.

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

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

The dividing line between a lot and a street right-of-way.

A combination of materials assembled or constructed, for permanent or temporary purposes, in a manner that is safe and stable and shall include, but is not limited to, buildings, barns, car ports, towers, stadiums, platforms, trailers, radio towers, sheds, storage bins, fences, signs, and swimming pools.

Lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial seas of the State of New York and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters that do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering the State or within its jurisdiction. Storm sewers and waste treatment systems, including treatment ponds or lagoons which also meet the criteria of this definition, are not waters of the State. This exclusion applies only to man-made bodies of water which neither were originally created in waters of the State (such as a disposal area in wetlands) nor resulted from impoundment of waters of the State.

Any 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 surface of water greater than 100 square feet.

Commercial mobile services, unlicensed wireless services and common carrier exchange access services.

A facility for loading and unloading of passengers and/or freight between buses, railcars and other modes of transportation.

A facility primarily engaged in the maintenance, servicing, storage, parking or repair of commercial vehicles, including the sale of motor fuels or other petroleum products, and the sale of accessories or equipment for over-the-road trucks and similar commercial vehicles. A travel plaza or truck stop may also include overnight accommodations, showers, vehicle scales, restaurant facilities, game rooms, and/or other services and diversions intended mainly for use by truck drivers and interregional travelers.

A structure, or part of a building, or an open-air venue that may contain audience seating, one or more screens, stages, or auditoriums, devoted to showing motion pictures, or for dramatic, dance, musical, or other live performances. Such establishments may include related services such as food and beverage sales and other concessions.

Any logging activity that fells trees, including the clearing of lands for agricultural or building purposes or utility line rights-of-way, and which may or may not require a permit from New York State Department of Environmental Conservation Timber Harvesting Guidelines for New York.

A dwelling unit that is characterized by its size and may be built as a permanent or mobile structure. For purposes of this chapter, a tiny home shall be considered a mobile home and shall meet all standards applicable to a mobile home. A tiny home less than 600 square feet shall be prohibited.

Includes any tower, pole, wind energy conversion system, antenna or other structure, whether attached to a building, guyed or freestanding, designed to be used for the support of any device for the transmission and/or reception of radio frequency signals, including but not limited to broadcast, shortwave, "amateur" citizen's band, FM, television or microwave, or any wind-driven devices, whether used for energy conversion or creation or not.

See also "Recreational Vehicle."

Means an employee of a contracting (construction) company as defined in the General Permit for Construction Activities GP-0-15-002.

An employee from a contracting (construction) firm that has received four hours of training which has been endorsed by the DEC, from a Soil and Water Conservation District, CPESC, Inc. or other DEC-endorsed entity in proper erosion and sediment control principles. After receiving the initial training, the trained individual shall receive four hours of training every three years. This individual will be responsible for implementation of the SWPPP.

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

Water, gas or an electric utility that shall include the utility lines, stations, or substations with the following limitations: (1) water, propane or natural gas tanks up to 50,000 gallons; (2) new electrical substations with 10 or less megawatt capacity; and (3) transmission towers of 35 feet or less in height. Utility stations or substations in excess of these thresholds shall be prohibited. Utility station or substation shall not be interpreted to include a compressor station.

Permission by the Zoning Board of Appeals to use land for a use, or in a configuration, which is not in accordance with, or is prohibited by the applicable zoning regulations.

Any structure where animals or pets are given medical or surgical treatment. Short-time boarding of animals shall be permitted as an accessory use and shall be only incidental to such treatment use.

An establishment engaged in the receipt, storage, warehousing, and distribution of goods, products, cargo, and materials. See "Distribution Center."

A permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water.

A horizontal distance 50 feet away from and parallel to the high water level of a watercourse.

A channel that directs surface runoff to a watercourse or to the public storm drain.

Those areas that are inundated or saturated by surface or groundwater at a frequency or duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands include those areas determined to be wetlands by the U.S. Army Corps of Engineers and the New York State Department of Environmental Conservation.

Any device such as a turbine, wind energy conversion system or charger that converts wind energy to a usable form of energy.

An open, unoccupied space on the same lot with a building(s) or structure(s), except as otherwise provided by the specific provisions of this chapter.

The map delineating the boundaries of the zoning districts which, along with the zoning text, comprises this chapter.[3]