A.Â
Except where specifically defined herein, all words used in this
chapter shall carry their customary meanings.
B.Â
Unless the context clearly indicates the contrary, words used in
the present tense include the future; the singular number includes
the plural, and the plural the singular.
C.Â
The word "person" includes a profit or nonprofit corporation, company,
partnership or individual.
D.Â
The word "lot" includes the word "plot" and the word "land."
E.Â
The word "structure" includes the word "building."
F.Â
The word "used" refers to the actual fact that a lot or land, building
or structure is being occupied or maintained for a particular use.
The phrase "used for" includes "arranged for," "designed for," "intended
for," "maintained for" and "occupied for."
As used in this chapter, the following terms shall have the
meanings indicated:
A way or means of approach to provide vehicular or pedestrian
physical entrance to a property.
A secondary dwelling unit established in conjunction with,
and clearly subordinate to, a primary dwelling unit, whether a part
of the same structure as the primary dwelling unit or a detached dwelling
unit on the same lot.
A structure detached from a principal building located on
the same lot and customarily incidental and subordinate to the principal
building or use. The size of the structure shall be kept within the
character of the area in which the structure is located. Also "accessory
building."
A use of land or of a building or portion thereof customarily
incidental and subordinate to the principal use of the land or building
and located on the same lot with the principal use.
An accessory use that is customary to a principal building,
including a private garage, parking area or lot, patio, garden or
storage shed, pools and ball courts.
A bookstore, video store, nightclub, movie theater, retail
store, or other establishment which prominently features entertainment
or materials with sexually explicit content. An establishment which
sells such materials as an incidental part of its business or which
presents such material or entertainment primarily as a form of legitimate
artistic expression shall not be considered an adult use. Adult uses
include the following entertainment businesses or sexually oriented
business:
ADULT BOOK AND/OR VIDEO STOREAn establishment having as a substantial or significant portion (more than 25% of merchandise in number, value or bulk and/or more than ten-percent floor area) of its stock-in-trade books, magazines, periodicals or other printed or digital matter or photographs, films, videos, digitalized compact discs, slides or other visual representations, which are characterized by the exposure or emphasis of specified sexual activities or specified anatomical areas or instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities, which are for sale, rental or viewing on or off the premises.
ADULT ENTERTAINMENT CABARETA public or private establishment which regularly presents topless and/or bottomless dancers, strippers, waiters or waitresses, male or female impersonators, lingerie models or exotic dancers, or other similar entertainment or films, motion pictures, digitalized compact discs or videos, slides or other photographic or digital material or which utilizes employees that as part of their employment regularly expose patrons to specified sexual activities or specified anatomical areas.
ADULT MOTION-PICTURE THEATERAny motion-picture theater where, for any form of consideration, films, motion pictures, digitalized compact discs or videocassettes, slides or other photographic or digital reproductions are shown and in which a substantial portion of the total presentation time is devoted to the showing of material characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
ADULT THEATERA theater, concert hall, auditorium or similar establishment which, for any form of consideration, regularly features live performances characterized by the exposure of specified sexual activities or specified anatomical areas.
MASSAGE ESTABLISHMENTAny establishment having a fixed place of business where massages are administered for pay, including but not limited to massage parlors, sauna baths or steam baths. This definition shall not be construed to include a hospital, nursing home or medical clinic or the office of a physician, surgeon, chiropractor, osteopath, duly licensed physical therapist, or duly licensed massage therapist, or barbershop or beauty salon, athletic club, health club, school, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental accessory service.
SPECIFIED SEXUAL ACTIVITIESAny of the following specified activities: human genitals in a state of sexual stimulation or arousal; or acts of human masturbation, sexual intercourse, oral copulation or sodomy; or fondling or other erotic touching of human genitals, pubic region, buttocks or breasts.
An unnamed public or private right-of-way less than 22 feet
wide that is primarily designed to serve as secondary access to the
rear or side of those properties whose principal frontage is on a
different street.
As applied to a building or structure, any change or rearrangement
in the structural parts or in the exit facilities or any enlargement,
either by extending a side or by increasing in height, or the moving
from one location or position to another. Also "structural alteration."
A change to any portion of this Zoning Ordinance which includes revisions to the zoning text and/or the Official Zoning Map; the authority for any amendment lies solely with the City Council.
Any structure or property which houses stray, abandoned or
owner-surrendered animals, except for fish, for impoundment purposes
for future disposition, including redemption, adoption, sale or disposal.
This use may include facilities for the destruction and disposal of
animals. Foster home sites and mobile adoption sites may be utilized
in the operation of the animal shelter.
A structure or device utilized for the receiving and/or transmitting
of radio signals, not enclosed within a building or structure, and
any form of satellite receiving dishes. It shall specifically exclude
customary VHF and UHF TV antennas and TV/radio transmission towers
licensed for public broadcast by the FCC. Also "satellite dish."
The total area taken on a horizontal plane at the main grade
level of the principal building and all accessory buildings exclusive
of uncovered porches, terraces and steps.
The sum of the gross horizontal areas of the several floors
of a building, including interior balconies, mezzanines and basements,
but excluding exterior balconies, unfinished basements and attics.
All horizontal dimensions of each floor area shall be measured by
the exterior face of walls of each such floor, including the walls
of roofed porches having more than one wall. The floor area of a building
shall include the floor area of accessory buildings on the same lot,
measured the same way.
An establishment engaged in the sale, loan, appraisal or
display of art, books, paintings, sculpture or other works of art.
A workshop or workroom for the creation of fine art and crafts,
such as painting, sculpturing, photography, or other handmade pieces
of art. The space may include a residential unit, and it may also
include teaching area for small groups of 10 or fewer. Also "artist
loft."
An as-of-right use is a use of land that is permitted as
a principal use in a zoning district. In a single-family district,
the construction of one single-family home is an as-of-right use of
the lot.
A structure for groups of people to gather for an event or
regularly scheduled program. Places of public assembly include but
are not limited to concert halls, arenas, lecture halls, banquet facilities
and similar facilities. This definition excludes community centers,
membership clubs, fraternal lodges and theaters.
An establishment for the preparing, cooking, baking and selling
of baked products primarily for consumption off site.
A business establishment regulated and authorized by state
or federal agencies to perform financial transactions such as receiving
and lending money.
An establishment which is rented by individuals or groups
to accommodate private functions, including, but not limited to, banquets,
weddings, anniversaries and other similar celebrations.
A place in which the principal income is derived from the
sale or serving of alcoholic beverages for consumption on the premises,
with or without live entertainment. A bar or tavern shall not include
nightclubs as defined in this chapter. Also "tavern."
A story partly below grade and having a portion of its clear
floor-to-ceiling height above the average grade of the adjoining ground.
An owner-occupied single dwelling unit in which at least
one, but not more than five, sleeping rooms are provided by the owner-occupant
as overnight/lodging facilities, with or without meals, for the accommodation
of transient guests.
A tract of land bounded by contiguous public rights-of-way
or by a combination of one or more streets and public parks, railroad
rights-of-way, shorelines of waterways, natural boundaries, or corporate
boundary lines.
See "rooming house."
A facility which allows boats to be placed into the water.
A structure or outdoor area where repair services and short-term
storage for boats are provided.
A small-scale retail sales establishment of 500 square feet
or less of gross floor area engaged in the sale of specialty goods,
carrying selected fashions or unique merchandise of high quality and
price.
An eating and drinking establishment where beer is prepared
on the premises exclusively for on-site consumption. The brewing of
such beer is accessory to the eating and drinking establishment.
Commercial and public communications uses, including radio
and television broadcasting and receiving stations and studios, with
facilities entirely within buildings.
A strip of land, usually landscaped and open in area, intended
to protect one type of land use from the other that may be incompatible
or separate and partially obstruct the view of two adjacent land uses
or properties from one another.
That portion of a lot which is suitable for building structures
and locating septic disposal facilities, that is, all land excluding
wetlands and watercourses, steep slopes and flood hazard areas as
mapped on the Federal Emergency Management Agency's Insurance
Rate Map.
Any structure having a roof supported by columns or walls
and intended for the shelter, housing, or enclosure of any individual,
animal, process, equipment, goods or materials of any kind.
The vertical distance measured from finished grade to the
top of the highest roof beams on a flat or shed roof, the deck level
on a mansard roof, and the average distance between the eaves and
the ridge level for gable, hip and gambrel roofs.
A building in which the main or principal use of the lot
on which said building is situated is conducted.
A facility or building, or portion thereof, which houses
a variety of small entrepreneurial businesses. Businesses may include
any commercial or industrial uses permitted in the zoning district
in which it is located.
An informal restaurant primarily offering coffee, tea, and
other beverages and where light refreshments and limited menu meals
may also be sold.
A structure or building designed for the washing, waxing,
cleaning or similar treatment of automobiles as its principal function.
Property used for the interring of the dead. This use shall
not include facilities for cremation.
A certificate of occupancy is a permit that allows a building
to be occupied after its construction or improvement. It certifies
that the construction conforms to the building code and is satisfactory
for occupancy.
The premises and buildings used by an organization catering
exclusively to members and their guests, or premises and buildings
for recreational or athletic purposes, which are not conducted primarily
for gain, provided that there are not conducted any vending stands,
merchandising or commercial activities, except as required for the
membership and purposes of such club.
An institution other than a trade school that provides full-time
or part-time education beyond high school.
A private deeded right-of-way which serves as the access
to no more than two lots or parcels of land.
A not-for-profit or publicly owned facility providing community
facilities such as recreational programs and meeting rooms that are
open to the public and designed to accommodate and serve significant
segments of the community.
The Comprehensive Plan adopted by the City Council for the
future preservation and development of the City of Watervliet pursuant
to § 28-a of the New York State General City Law, including
a part of such plan separately adopted and any update or amendment
to such plan.
A structure devoted to the sale of confections, snacks, or
other light meals and providing no inside seating nor drive-in service
for the customers.
A building or groups of buildings in which dwelling units
are owned individually and the owners own the structure, common areas,
and facilities jointly.
A voluntary agreement to restrict the development, management,
or use of the land under the easement. The holder of the easement
is empowered to enforce its restrictions against the current landowner
and all subsequent owners of the land.
Any area accessory to and on the same lot with a construction
project and used on a temporary basis for the storage or processing
of materials and supplies used in the actual construction of buildings
within a project. Includes contractor's office with storage buildings
to enclose all equipment and materials.
Any retail establishment containing less than 5,000 square
feet offering for sale prepackaged food products, household items,
newspapers and magazines, and sandwiches and other freshly prepared
foods, such as salads, for off-site consumption.
A museum or similar public or quasi-public use displaying,
preserving, and exhibiting objects of community and cultural interest
in one or more of the arts or sciences.
Provision of daytime care to adults whose ability to independently
perform the normal activities of daily life is limited by age or physical
or other impairment but who do not require the level of care provided
by nursing homes or medical facilities. Said care shall be provided
for a period of time of more than three hours but less than 12 hours
on any given day.
A place or premises, certified or approved by New York State
and providing daytime care or instruction for five or more children
or adult seniors away from their own homes for more than three hours
but less than 24 hours per day, by an individual, association, corporation,
institution or agency. The term "day-care center" includes nursery
school and adult senior day care.
A program, licensed pursuant to New York State Social Service
Law § 390, caring for children for more than three hours
per day per child in which child day care is provided in a family
home for three to six children. A family day-care provider may care
for seven or eight children at any one time if no more than six of
the children are less than school age and the school-aged children
receive care primarily before or after the period such children are
ordinarily in school, during school lunch periods, on school holidays,
or during those periods of the year in which school is not in session
in accordance with the regulations of the Department of Social Services
and the Department inspects such home to determine whether the provider
can care adequately for seven or eight children.
A program, licensed pursuant to New York State Social Service
Law § 390, caring for children for more than three hours
per day per child in which child day care is provided in a family
home for seven to 10 children of all ages or up to 12 children where
all of such children are over two years of age, except for those programs
operating as a family day-care home which care for seven or eight
children. A group family day-care provider may provide child day-care
services to two additional children if such additional children are
of school age and such children receive services only before or after
the period such children are ordinarily in school or during school
lunch periods, or school holidays, or during those periods of the
year in which school is not in session.
The lot area per dwelling unit required in the zoning district
regulations.
Any man-made change to improved or unimproved real estate,
including but not limited to construction or alteration of buildings
or other structures, as well as clear-cutting, mining, dredging, filling,
paving, excavations, or drilling operations.
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.
Any portion of a building or structure from which business
is transacted, or is capable of being transacted, directly with customers
located in a motor vehicle during such business transactions. A drive-through
facility is considered an accessory use. An automobile service station
is not considered a drive-through facility for purposes of this chapter.
That space or area which is specifically designated and reserved
for the movement of vehicles from the lot to a public or private street.
A facility serving customers directly and operated for the
purpose of cleaning garments, fabrics, draperies, etc., with any of
various nonaqueous agents used in small quantities.
A building arranged, intended or designed to be occupied
by one or more families living independently of each other upon the
premises.
A row of two or more adjoining dwelling units each on their
own lot, each of which is separated from the others by one or more
party walls.
A building containing separate living units for three or
more families, including apartment buildings, rowhouses, townhouses,
regardless of the form of ownership (condominium, fee simple, rental).
A freestanding residential dwelling designed for and occupied
by one household only.
A building containing separate living units for two families,
regardless of the form of ownership (condominium, fee simple, rental).
For purposes of this chapter, a townhouse is not considered a two-family
dwelling and is a separate use.
A building, or portion thereof, which provides complete housekeeping
facilities for one family.
An interest in real property generally established in a real
estate document or on a recorded plat to reserve, convey or dedicate
the use of land for a specialized or limited purpose without the transfer
of fee title. Such specified uses may include but are not limited
to transportation facilities, utilities, access, stormwater drainage,
and solar exposure.
Any establishment that is operated, maintained, or devoted
to amusement of the general public, whether privately or publicly
owned, where entertainment is offered by the facility. Entertainment
facilities shall include, but not be limited to, theaters, bowling
alleys, movie theaters, dance halls or clubs, video arcades, skating
rinks, batting cages, and miniature golf courses. Entertainment facilities
shall not include adult entertainment businesses, bars, brew pubs,
nightclubs, taverns, golf courses, or parks.
A place of business, including all of its physical elements
and components.
A projection of a building plane, visible from a public right-of-way
or waterway, including the roof, wall, and all architectural elements.
One or more persons living together as a single nonprofit
housekeeping unit, using all rooms and housekeeping facilities of
a dwelling unit in common and doing their cooking on the premises,
as distinguished from a group occupying a rooming house or boardinghouse.
Any artificially constructed barrier constructed of any material
or combination of materials erected to enclose or screen areas of
land from view.
The gross floor area of all buildings on a lot divided by
the area of the lot.
All the property fronting a public right-of-way on one or
both sides of a street, measured along such street, between an intersecting
or intercepting street and another intersecting or intercepting street,
a right-of-way in excess of 30 feet, an end of a dead-end street,
a river, a lake or a City boundary. See also "lot frontage."
A dwelling or other structure used and occupied by a professional
licensed mortician for burial preparation and funeral services. Such
facilities shall not include crematoriums.
A building or structure, or part thereof, used or designed
to be used for the parking and storage of vehicles.
Any building, structure, or area of land used for the retail
sale of automobile fuels, oils, and accessories, where repair service,
if any, is incidental. A gas station may include the sale of propane
or kerosene as accessory uses.
Any parcel of land that is used for the game of golf played
at a much decreased scale and commonly referred to as "miniature golf."
The average level of the finished surface of the ground adjacent
to the exterior walls of the building or structure.
A building whose roof and sides are made largely of glass
or other transparent or translucent material and in which the temperature
and humidity can be regulated for the cultivation of delicate or out-of-season
plants for subsequent sale or for personal enjoyment. Also "plant
nursery."
The aggregate floor area of an entire building or structure
enclosed by and including the surrounding exterior walls.
A use licensed by the State of New York which provides residential
services and supervision for more than four but not more than 16 individuals
who need not be related to the resident house parents or supervisors
and who are in need of adjustment or rehabilitation: developmentally
disabled; mentally retarded; mentally ill; aged; handicapped; or children
in need of adult supervision.
Includes any of the following:
Petroleum.
Any substance or combination of substances designated as a hazardous
substance under Section 311 of the Federal Water Pollution Control
Act (33 U.S.C. § 1321).
Any substance listed by the New York State Department of Environmental
Conservation which, because of its quantity, concentration, or physical,
chemical, or infectious characteristics, may cause, or significantly
contribute to, an increase in mortality or an increase in serious
irreversible or incapacitating reversible illness or pose a substantial
present or potential hazard to human health or the environment when
improperly stored or otherwise managed.
All materials or chemicals listed as hazardous wastes pursuant
to Article 27 of the New York State Environmental Conservation Law
(ECL), and all toxic pollutants as defined in Subdivision 19 of § 17-0105
of the ECL.
A building or portion of a building designed and equipped
for the conduct of sports, exercise, leisure time activities, or other
customary and usual recreational activities, operated for profit or
not-for-profit and which can be open only to bona fide members and
guests of the organization or open to the public for a fee.
The vertical distance measured from finished grade to the
top of the highest roof beams on a flat or shed roof, the deck level
on a mansard roof, and the average distance between the eaves and
the ridge level for gable, hip and gambrel roofs.
An occupation carried on in a dwelling unit by the resident
thereof, provided that the use is limited in extent and incidental
and secondary to the use of the dwelling unit for residential purposes
and which does not alter the exterior of the property or affect the
residential character of the neighborhood.
An institution for the care and treatment of the sick and
injured, equipped with technical facilities, medical, nursing and
other professional and technical personnel necessary for diagnosis
and treatment of persons suffering from sickness or injury who require
bed care, outpatient care or emergency room care.
A facility offering transient lodging accommodations on a
daily rate to the general public. It may provide additional services
such as restaurants, meeting rooms, and recreational facilities. Also
"inn."
Any hard-surfaced, man-made area that does not readily absorb
or retain water, including but not limited to building roofs, parking
and driveway areas (paved), sidewalks, patios and paved recreation
areas.
The percentage of the area of a lot that is covered by impervious
surface. Vegetated water quality basins, vegetated swales, other vegetated
conveyances for overland drainage and public sidewalks shall not be
calculated as impervious surface cover.
Manufacturing or other enterprises with significant external
effects or which pose significant risks due to the involvement of
explosives, radioactive materials, poisons, pesticides, herbicides,
or other hazardous materials in the manufacturing or other process.
A use which involves the fabrication, reshaping, reworking,
assembly, or combination of products, including processing, packaging,
incidental storage, sales and distribution of such products but is
exclusive of uses that require offensive, noisy, or otherwise objectionable
disturbances, such as vibration, dust, and odors. Light industry does
not include from raw materials, such as but not limited to asphalt,
cement, charcoal, fuel briquettes, chemicals and related products
which may be dangerous, offensive, or create nuisances, and processes,
whether or not related to such production, including but not limited
to nitrating, milling, reduction, refining, melting, alloying and
distillation.
A nonprofit, religious or public use, such as a church, library,
public and private school, hospital, or government-owned or -operated
building, structure or land used for public purpose.
A lot, land, structure or part thereof, used for the collection,
storage and sale of wastepaper, rags, scrap metal or discarded material,
or the collecting, dismantling, storage, salvaging or sale of parts
or machinery or vehicles not in running condition. A deposit, collection
or storage on a lot of two or more vehicles no longer in condition
for legal use on public highways, that is, registered and inspected,
for one month or more in a residential district or three months or
more in a nonresidential district, shall constitute a motor vehicle
junkyard.
A commercial establishment in which more than four dogs,
cats or other domesticated animals are housed, groomed, bred, boarded,
trained, or sold, all for a fee or compensation.
A business premises equipped with individual clothes washing
or cleaning machines for use by retail customers, exclusive of laundry
facilities provided in an apartment, fraternity, sorority, residential
hotel or club.
Off-street space used for the temporary location of one licensed
motor vehicle, such space being at least 12 feet wide and 40 feet
long, not including access driveway, and having direct access to a
street or alley.
A tract, plot, or portion of a subdivision or other parcel
of land intended as a unit for the purpose, whether immediate or future,
of transfer of ownership, or possession, or for building development.
The total horizontal area included within lot lines.
A lot at the junction of and fronting on two or more intersecting
streets.
The percentage of the lot area covered by a building or buildings.
A lot with two distinct parts:
The length of the front lot line measured at the street right-of-way
line.
Any line dividing one lot from another lot or from a street.
Any lot which has been established as such by plat, survey
record, or deed prior to the date of this chapter as shown on the
records in the office of the County Clerk.
A lot which faces on two streets at opposite ends of the
lot, which is not a corner lot.
The distance between side lot lines measured at right angles
to the lot depth at a point from the front lot line equal to the front
yard specified for the district.
A lot with or without a building or structure utilized for
the storage of building and construction materials and equipment for
sale to the public, which may include a drive-through facility.
A workshop where power-driven tools are used for making,
finishing, or repairing machines or machine parts.
A structure, transportable in one or more sections, which
is built with a trailer hitch and a permanent chassis and wheels and
designed to be used as a dwelling with or without a permanent foundation
when connected to the required utilities and includes the plumbing,
heating, air conditioning and electrical systems contained therein.
Also "mobile home."
A use engaged in the mechanical or chemical transformation
of materials or substances into new products, including the assembling
of component parts, the creation of products, and the blending of
materials. For purposes of this chapter, "light manufacturing" shall
be defined as manufacturing processes conducted entirely within a
building with no objectionable disturbances such as noise, vibration,
dust or odors.
A facility for storing, servicing, fueling, berthing, and
the securing and launching of private pleasure craft that may include
the sale of fuel and incidental supplies for the boat owners, crews
and guests and accessory uses such as restaurants.
A structure or portion of a structure used by physicians,
surgeons, dentist, chiropractor, optometrist, psychologist, psychiatrist,
or other health-related professionals for the treatment of human health
conditions where no overnight accommodations are provided.
The development of a lot, building, or structure with a variety
of complementary and integrated uses, such as, but not limited to,
residential, office, retail, service, public or entertainment.
A building or group of detached or connected buildings designed
or used for providing transient sleeping accommodations where each
accommodation unit maintains a separate outside entrance.
The use of a building, land area, or other premises or portion
thereof for the display, sale, rental or lease of motorized vehicles,
including but not limited to automobiles, boats, motorcycles, recreational
travel vehicles (RVs), including any warranty repair work and other
repair service conducted as an accessory use.
The general repair, rebuilding or reconditioning of engines,
motor vehicles or trailers, such as collision service, body repair
and frame straightening; painting; and vehicle steam cleaning and
undercoating.
Minor repairs, incidental replacement of parts and motor
service to passenger automobiles and trucks not exceeding 1Â 1/2
ton's capacity, but not including any operation included in the
definition of "motor vehicle repairs, major."
Basic uses and services usually furnished by local government
but which also may be provided by private enterprise, essential to
the support of the community, including municipal offices and buildings,
libraries, emergency services such as ambulance and fire protection,
water supply and sewage treatment facilities. This definition does
not include community centers, public utilities or public transportation
shelters.
An establishment primarily engaged in the sale and service
of beverages for on-premises consumption and the providing of musical
entertainment, singing, dancing or other forms of amusement and entertainment,
with the sale or service of food being incidental and accessory thereto.
Such establishment may also have one or more of the following characteristics:
age restrictions, cover charges, charges for admission, disc jockeys,
jukeboxes, amplified sound systems, live entertainment and the like;
the hours of operation extended beyond the normal dinner hours. The
term "nightclub" includes the term "cabaret" and "disco." A cabaret,
disco or nightclub shall not include a restaurant as defined herein
or any form of bar or tavern.
A lot of record which does not comply with the area, shape,
frontage, or locational provisions of this chapter for the district
in which it is located.
A building or structure that was lawfully erected prior to
the adoption or amendment of the City of Watervliet's Zoning
Ordinance but that no longer complies with all regulations applicable
to the zoning district in which the structure is located.
A use or activity which lawfully existed prior to the adoption
or amendment of the City of Watervliet's Zoning Ordinance but
fails by reason of such adoption or amendment to conform to the present
use requirements of the district in which it is located.
A use or a characteristic of a use which produces effects
of such nature or degree that they are either offensive to the senses
or deleterious to property, health or safety.
A facility for the accommodation of convalescent or other
persons who require skilled nursing care and related medical services
which are prescribed by or performed under the direction of a person
or persons licensed to provide such care or services in accordance
with the laws of the State of New York.
A building or portion thereof used primarily for conducting
the affairs of a business, profession, service, industry or government
and generally furnished with desks, tables, files and communication
equipment. No manufacturing processes, retail sales, construction,
or warehousing occur on the premises.
A group of two or more principal buildings and their accessory
buildings and uses, together with any open space remaining, located
on one lot, which buildings shall have a unified site plan and shall
be designed to function as one project. The buildings in an office
park shall be occupied or used principally for business, professional,
or governmental offices.
The newspaper or newspapers designated by the City for the
publication of official notices of meetings and public hearings.
An occasional or periodic market held in an open area or
structure where goods are offered for sale to the general public by
individual sellers from open or semi-open facilities or temporary
structures. Open-air markets include, but are not limited to, flea
markets, farmers' markets and craft fairs.
Land and water areas retained for use as active or passive
recreation areas or for resource protection in an essentially undeveloped
state.
Storage of any materials, merchandise, stock, supplies, machines
and the like that are not kept in a structure having at least four
walls and a roof, regardless of how long such materials are kept on
the premises. Outdoor storage shall not include junk and salvage yards,
auto wrecking yards or the like.
An area outside of a restaurant or similar use which provides
seating for customers.
A fuel-burning device that:
Is designed to burn wood or other fuels;
Is specified by the manufacturer for outdoor installation or
installation in structures not normally occupied by humans; and
Is used to heat building space and/or water via the distribution,
typically through pipes, of a gas or liquid (e.g., water or water/antifreeze
mixture) heated in the device.
Any structure or portion thereof, available to be used by
the public, to temporarily park registered and operable motor vehicles.
An off-street, ground-level open area for the temporary storage
of motor vehicles. This definition does not include an area used exclusively
for the display of motor vehicles for sale as part of a motor vehicle
sales establishment.
Two or more land uses or a multitenant building that merge
parking needs based on different operating hours to gain a higher
efficiency in vehicular and pedestrian circulation, economize space,
reduce impervious surface and result in a superior grouping of building(s).
A stall or berth which is arranged and intended for parking
one motor vehicle in a garage or parking lot.
Land that is publicly owned or controlled for the purpose
of providing parks, recreation or open space for public use.
A level surfaced area adjacent to a principal building which
has an average elevation of not more than 30 inches and without walls
or a roof. A patio may be constructed of any materials.
A performance bond duly issued by a bonding or surety company
approved by the City Council with security acceptable to the City
Council, or a performance bond duly issued by the developer-obligor
accompanied by security in the form of cash, certified check or United
States government bearer bonds deposited with the City Council in
the full amount of the obligation.
A map representing a tract of land showing the boundaries
and location of individual properties and streets prepared by a licensed
land surveyor and a licensed professional engineer, registered architect
or licensed landscape architect, which shall have his/her New York
State seal affixed thereon and on which the subdivider's plan
of subdivision is presented to the Planning Board for approval and
which, if approved, will be submitted to the County Clerk for recording.
A roofed area attached to or part of and with direct access
to or from the building. For purposes of this chapter, a porch may
be glazed or screened; however, it shall not be heated or air conditioned,
and if glazed, the percentage of window area to wall area shall not
be less than 50%.
A facility located at selected points along public transportation
routes for passenger pickup, dropoff or transfer.
Includes distribution facilities of gas, electricity, water,
sewage, telephone, wireless, and telegraph service companies and incidental
accessory uses. Normal office and storage facilities are considered
commercial uses of the appropriate type.
Any portable vehicle or structure which is designed to be
self-propelled or permanently towable on its own wheels, which is
designed and intended to be used for temporary living quarters for
travel, recreational or vacation purposes.
Recreation facility operated as a nonprofit enterprise by
the City of Watervliet, any other governmental entity or any nonprofit
organization and open to the general public.
An institution that people regularly attend to participate
in or hold religious services, meetings, and other activities. This
definition also includes the terms "place of religious worship," "house
of worship," "church," "temple," and "mosque."
A building(s) for experimentation in pure or applied research
design, development and production of prototype machines or devices
or of a new product, and uses accessory thereto.
Any building used as a group residence or extended care facility
for the care of persons, including assisted living facilities and
nursing homes, where compensation and/or reimbursement of costs is
paid to an operator, pursuant to state or federal standards, licensing
requirements, or programs funding residential care services.
Includes a one-family dwelling, two-family dwelling and multiple-family
dwelling.
A business establishment whose principal business is the
selling of prepared food and beverages to the customer in a ready-to-consume
state. The term "restaurant" includes cafes, sit-down restaurants
and take-out restaurants.
A building or portion thereof engaged in selling goods, services or merchandise to the general public for personal and household consumption and rendering services incidental to the sale of such goods. This includes but is not limited to retail stores, bakeries, florists, banks, beauty salons, barbershops and appliance and computer repair. This definition shall not include retail and service establishments listed separately in Schedule A: Permitted Principal Uses of this chapter.[1]
Property that is publicly owned or upon which a governmental
entity has an expressed or implied property interest (e.g., fee title
or easement) held for a public purpose. Examples of such public purpose
include, by way of example and not by limitation, a highway, a street,
sidewalks, drainage facilities, a crosswalk, a railroad, a road, an
electric transmission line, an oil or gas pipeline, a water main,
a sanitary or storm sewer main, shade trees or for any other special
use. The usage of the term "right-of-way" for subdivision platting
purposes means that every right-of-way established and shown on a
final plat is separate and distinct from the lots or parcels adjoining
the right-of-way and is not included within the dimensions or areas
of such lots or parcels. A right-of-way involving maintenance by a
public agency is dedicated to public use by the maker of the plat
on which the right-of-way is established.
Any building other than a hotel, inn, motel or bed-and-breakfast,
supervised or not, which provides living and sleeping arrangements
for four or more roomers, with or without meals being provided, for
a period of 10 days or longer, and who agreed to pay a specific rent
for the living and sleeping arrangement.
A private facility furnishing comprehensive curriculum of
academic instruction similar to that of a public school on the prekindergarten,
kindergarten, primary and/or secondary level.
Any place offering instruction in any branch of knowledge
under the supervision of the State of New York.
The act of placing landscape features, such as trees, bushes,
shrubs, or man-made screens, such as fences or berms, to reduce the
impact of development on nearby properties.
A building or group of buildings consisting of individual,
self-contained units leased to individuals, organizations, or businesses
for self-service storage of personal property.
The minimum horizontal distance between the streets, rear
or side lines of the lot and the front, rear or side lines on the
building. When two or more lots under single ownership are used, the
exterior property lines so grouped shall be used in determining offsets.
Any accessory structure used for storage or containment.
A group of three or more retail establishments sharing a
common site and/or having either common walls or a common roof structure.
Any device, fixture, placard or structure that uses any color, form, graphic, illumination, symbol or writing to advertise, announce the purpose of, or identify the purpose of a person or entity or to communicate information of any kind to the public. See § 272-61 for additional definitions of different types of signs.
A plan of a lot on which is shown topography, location of
all buildings, structures, roads, rights-of-ways, boundaries, all
essential dimensions and bearings and any other information deemed
necessary by the Planning Board.
A solar collector or other device or structural design feature
of a structure that relies upon sunshine as an energy source and is
capable of collecting, distributing, and storing (if appropriate to
the technology) the sun's radiant energy for a beneficial use.
A special use permit is an allowed use in a district, which
because of its unique characteristics requires individual consideration
in each case by the Planning Board, before it may be permitted.
An enclosed or partially enclosed facility with seating surrounding
or partially surrounding the performance or activity such as sporting
events, concerts, and other live performances.
Surface formation with a vertical incline greater than 22.5°
or 25%, a sufficient steepness to cause problems such as erosion or
increased flooding when disturbed for land development or other purposes.
Land used for the legal keeping of goods, wares, equipment
or supplies outside of a structure.
At the ground floor of the building, the total physical exterior
of a store. It includes the marquee, entrances, windows, lighting,
and construction materials.
A portion of a building included between the surface of any
floor and the surface of the floor next above it or, if there be no
floor above it, then the space between any floor and the ceiling next
above it. If the finished floor level directly above a basement is
more than six feet above grade, such basement shall be considered
a story.
A public or private way that affords the principal means
of access to abutting properties, including any highway.
The officially established grade of the street upon which
a lot fronts, or if there is no officially established grade, the
existing grade of the street shall be taken as the street grade.
The dividing line between a lot and a street right-of-way.
Anything constructed or erected on or under the ground or
upon another structure or building.
The division of any parcel of land into two or more lots,
blocks or sites, with or without streets or highways, and includes
resubdivision.
A lot or garage on or in which taxicabs and/or limousines
are stored or from which they are dispatched, serviced and/or repaired.
An activity conducted for a specific limited period of time,
which may not otherwise be permitted by the provisions of this chapter.
A building or part of a building devoted to the presentation
of theatrical or other entertainment performances, including the showing
of motion pictures on a paid admission basis.
An open lot devoted primarily to the showing of motion pictures
or theatrical productions on a paid admission basis to patrons seated
in automobiles.
A building on its own separate lot containing one dwelling
unit that occupies space from the ground to the roof and is attached
to one or more other townhouse dwelling units by at least one common
wall.
A facility for the receipt, transfer, short-term storage,
and dispatch of goods transported by truck.
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
A specific principal use of a building, structure, lot or
land which this chapter provides for in a particular district as a
matter of right.
The main or primary purpose for which a building, structure
and/or lot is designed, arranged or intended or for which they may
be used, occupied or maintained under this Code. The use of any other
building, other structure and/or land on the same lot and incidental
or supplementary thereto and permitted under this Code shall be considered
an accessory use.
A use of a building, structure, lot or land, or part thereof,
which is not listed as a permitted use or a use requiring a special
use permit.
The authorization by the Zoning Board of Appeals for the
use of land in a manner which is not allowed by the dimensional or
physical requirements of the applicable zoning regulations.
The authorization by the Zoning Board of Appeals for the
use of land for a purpose which is otherwise not allowed or is prohibited
by the applicable zoning regulations. An increase in density or intensity
of use shall be deemed to require a use variance if such increase
is not allowed by right or by special permit.
Any structure where animals or pets are given medical or
surgical treatment, including the short-term boarding of animals when
boarding is for the purpose of monitoring recovery, but not including
boarding or kenneling. Also "animal hospital."
An area that is visible from a public roadway or public trail
which encompasses natural landforms such as valleys, ridges, farmlands
and open spaces which may have inherent rural qualities and/or aesthetic
values as determined by those who view it.
A school established to provide for the teaching of industrial,
clerical, managerial, or artistic skills.
A structure of wood, stone or other materials or combination
thereof intended for security, screening or enclosure or for the retention
of earth, stone, fill or other materials as in the case of retaining
walls or bulkheads.
A facility characterized by extensive warehousing, frequent
heavy trucking activity, open storage of material, or nuisances such
as dust, noise, and odors, but not involved in manufacturing or production.
A business or activity which can only be conducted in, on,
over, or adjacent to a body of water because such activity requires
direct access to a body of water and which involves, as an integral
part of such activity, the use of the water.
A use or activity which does not require a location adjacent
to coastal waters but whose location on the waterfront adds to the
public use and enjoyment of the water's edge.
An establishment primarily engaged in selling and/or distributing
merchandise to retailers; to industrial, commercial, institutional,
or professional business users; or to other wholesalers.
A wind turbine, a tower, and associated control or conversion
electronics, or similar technology.
Any opening in a wall or roof which functions or appears
to function to admit light to a building or structure.
A structure on which one or more antennas will be located,
that is intended for transmitting and/or a combination thereof receiving
radio, television, telephone, wireless or microwave communications
for an FCC-licensed carrier, but excluding those used exclusively
for fire, police and other dispatch communications or exclusively
for private radio and television reception and private citizens bands,
amateur radio and other similar private, residential communications.
An open space on the same lot with a building, unoccupied
or unobstructed by any portion of a structure from the ground upward,
except as otherwise provided in this chapter.
An open, unoccupied space on the same lot with the building,
between the front line of the building and the street or highway line,
and extending the full width of the lot.
An open, unoccupied space, except for accessory buildings,
on the same lot with the building between the rear line of the building
and the rear lot line and extending the full width of the lot.
An open unoccupied space on the same lot with the building,
situated between the building and the side lot line, and extending
from the front yard to the rear yard.
A geographic area delineated on the Zoning Map under the terms and provisions of this chapter or which may hereinafter be created subsequent to the enactment of this chapter for which regulations governing the area, height, density, use of buildings, or use of land, and other regulations relating to development or maintenance of existing uses or structures, are uniform.
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
