Town of Waterford, NY General Provisions

In the construction of this chapter, the rules and definitions contained in this section shall be observed and applied.

Word usage.

Words used in the present tense shall include the future; and words used in the singular number shall include the plural number, and the plural the singular.

(2)

The word "shall" is mandatory; the word "may" is permissive.

(3)

The word "lot" shall include the words "plot," "piece" and "parcel"; the word "building" includes all other structures of every kind, regardless of similarity to buildings; and the phrase "used for" shall include the phrases "arranged for," "designed for," "intended for," "maintained for" and "occupied for."

(4)

The word "person" includes a corporation as well as an individual.

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

ACCESSORY STRUCTURE

A building or feature for use, occupancy, or ornamentation, whether installed on, above, or below the surface of land or water, detached from a principal building located on the same lot and customarily incidental and subordinate to the principal building or use.

ACCESSORY USE

A use or building customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building. Accessory uses include but are not limited to private garages, private swimming pools or ponds, toolhouses or storage sheds, greenhouses, livestock shelters, barns and silos, gazebos, and residential use of propane and natural gas tanks.

AGRICULTURAL PROCESSING FACILITY

A facility where animals are processed into meat foods, or a facility where plants and plant products are processed into food products. An agricultural processing facility does not include a slaughterhouse.

AGRICULTURE

See "customary agricultural uses."

ALTERATION

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

AREA, BUILDING

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

AREA, LOT

The total area within the property lines.

ATHLETIC FIELD

An outdoor recreational facility open to the general public, designed for the conduct of one or more sporting activities.

AUTOMOBILE SERVICE STATION

A commercial use operated for gain and which is used for the storage, repair, rental, greasing, servicing, adjusting or equipping of automobiles or other motor vehicles.

AUTOMOBILE WRECKING YARD

The use of any area or portion of any lot or plot, whether inside or outside a building, for the temporary storage of automobiles awaiting dismantling or the dismantled parts of automobiles or for the dismantling, cutting, demolition or burning of automobiles.

AUTOMOTIVE REPAIR

The repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting and steam cleaning of vehicles.

BANK

Any structure which houses money exchangers, trust companies, private bankers, savings banks, safe deposit companies, savings and loan associations, credit unions and investment companies or other financial depository activities as defined in the NYS Banking Law.

BASEMENT

The floor of a building which is partly or entirely below ground level.

BED-AND-BREAKFAST

A type of commercial short-term rental use in an owner-occupied, one-family dwelling, used for providing overnight accommodations to lodgers and a morning meal for compensation to not more than 10 lodgers and containing no more than five bedrooms for such lodgers.

BUILDING

Any structure which is permanently affixed to the land, or has one or more floors, walls and a roof for the shelter, support or enclosure of persons, animals, chattels, equipment, materials, or property of any kind. Accessory structures to a building such as but not limited to decks and pools shall also be considered a part of such building.

BUILDING INSPECTOR

The individual designated by the Town Board to enforce the provisions of the Building Code, Town of Waterford Code, and this chapter. The Building Inspector shall also be considered the Zoning Officer.

BUILDING LINES

The building front line shall mean the line of that face of the building nearest the front line of the lot. This face includes sun parlors and covered porches, whether enclosed or not enclosed, but does not include steps. Side and rear building lines shall be determined in a comparative manner.

BUILDING, HEIGHT OF

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

BUILDING, PRINCIPAL

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

CELLAR

A story partly underground and having more than 1/2 of its clear height below the average level of the adjoining ground. A cellar shall not be considered in determining the permissible number of stories.

CHANGE OF USE

The change of occupancy of land, buildings, structures, or other improvements on land, from either residential, commercial or industrial to one of the other uses. A change in use shall also be when there is a change in the nature, substance or intensity of the same use. Change of occupancy or change of ownership shall not be construed as a change of use.

CHURCH

See "place of worship."

CLUB or LODGE

A building or portion thereof or premises owned and/or operated by a corporation, association, person or persons for a social, educational, or recreational activity, but not primarily for profit or to render a service which is customarily carried on as a business.

COMMERCIAL REFORESTATION AREA

A reforestation area is an area where the planting or replanting of forest plant materials takes place to create or recreate the forest habitat.

COMMERCIAL WOODLOT

The commercial operation of timber cutting for firewood or other wood products. It shall also mean land used for the production of woodland products intended for sale, including but not limited to logs, lumber, posts, and firewood. A commercial woodlot shall not include land used to produce Christmas trees.

COMMUNITY CHARACTER

The image of a community or area as defined by its natural and built environment, including open space, housing, architectural style, historical features, infrastructure, type and quality of public facilities and services, cultural and recreational opportunities, and economy.

COMPLETE APPLICATION

An application for development that has been reviewed under SEQRA, 6 NYCRR Part 617, and has received either a negative declaration by the reviewing board or a draft environmental impact statement has been accepted by such board.

COMPREHENSIVE PLAN

A document that details an underlying purpose to control land uses for the benefit of the whole community based upon consideration of the community's problems and applying a general policy to obtain a uniform result and adopted pursuant to NYS Town Law § 272-a.

CONDOMINIUM

A building, or group of buildings, in which dwelling units, office, or floor area are owned individually and the structure and common areas are owned by all the owners on a proportional, undivided basis.

CONSERVATION SUBDIVISION

Pursuant to Chapter A166 of the Town of Waterford Code, a residential subdivision where the number of dwelling units that would be yielded by a conventional subdivision plan are allowed to be placed on the parcel to be subdivided in a flexible manner, where lot sizes, road frontages, and other bulk dimensions are allowed to be relaxed and where a majority of the remaining land is left in its natural open space condition in perpetuity.

CONVENIENCE STORE

(1)

A retail commercial establishment, not exceeding 1,500 square feet of gross floor area, supplying groceries and other daily household necessities to the general public.

(2)

An establishment where food, tobacco, drugs, periodicals, or similar items of household convenience are kept for retail sale to the general public.

(3)

Any retail establishment with a gross leasable area of 2,000 square feet or less that is primarily engaged in retail dealings in goods required by the inhabitants of a residential district to meet their day-to-day needs but shall not include a store catering primarily to the requirements of a commercial district.

(4)

A retail store in which articles for sale are restricted to a limited range of primarily food items, such as milk, bread, soft drinks, ice cream, canned and bottled goods, snacks and candy and meat, and, to complement such items, may include the limited sale of magazines, books and records, housewares, stationery, and tobacco products.

(5)

An establishment where foodstuffs, tobacco, patent medicines, periodicals and other similar items of household convenience are kept for retail sale to the general public.

COVERAGE

That percentage of the plot or lot area covered by the building area.

CUSTOMARY AGRICULTURAL USES

The land and on-farm buildings, equipment, manure processing and handling facilities, and practices which contribute to the production, preparation and marketing of crops, aquaculture, and livestock and livestock products as a commercial enterprise, including commercial horse boarding operations, on-farm markets and sales, timber processing, compost, mulch or other biomass crops and the management and processing farm woodland as further defined in NYS AML Article 25-AA, § 305. Notwithstanding the above, a customary agricultural use shall not include the cultivation of a garden for personal, noncommercial purposes, or the raising of domesticated animals intended to be kept as household pets or companion animals.

DAY CARE

Daytime care for the needs of people who cannot be fully independent, such as children or elderly people, including such structures and surrounding areas utilized for such purpose.

(1)

DAY-CARE CENTERA day-care facility in a residence and for greater than six people.

(2)

FAMILY DAY CAREA day-care facility in a residence and for six people or fewer.

(3)

COMMERCIAL DAY-CARE CENTERA day-care facility not in a residence and for greater than six people.

DRIVE-IN SERVICE ESTABLISHMENT

Any place or premises used for the sale, dispensing, or serving of any retail commodity, banking, food, refreshments, or beverages, where business is transacted between the establishment and a person in a parked or stationary automotive vehicle, except outdoor theaters.

DUMP

A lot or land part thereof used primarily for the disposal, by abandonment, dumping, 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. One cubic yard or more of refuse not removed for four weeks during the period from April 1 to November 1 may be decreed to be refuse dump.

DWELLING

A building designed or used as the living quarters for one or more families. The terms "dwelling," "one-family dwelling," "multifamily dwelling," "two-family dwelling" or "dwelling group" shall not be deemed to include automobile courts, rooming houses, or tourist homes.

(1)

DWELLING, ONE-FAMILYA detached building containing one dwelling unit only.

(2)

DWELLING, TWO-FAMILYA detached building designed to contain no more than two dwelling units.

(3)

DWELLING, MULTIFAMILYA building or portion thereof containing three or more dwelling units.

DWELLING UNIT

A room or group of rooms providing complete housekeeping facilities for one family and occupied by a single family unit plus not more than three lodgers.

EASEMENT

A legal agreement related to an interest in real property, which limits or restricts the development, management or use of such real property in perpetuity for specific purposes including, but not limited to, preserving or maintaining the scenic, agricultural, open space, historic, recreational, archeological, architectural or natural condition, character, significance or amenities of the property.

ELECTRIC CHARGING FACILITY

A system for the charging of an electric vehicle. Components typically include a charging kiosk and a transformer.

ESCROW

A deed, bond, cash, or other security delivered by an applicant to the Town of Waterford to cover costs of review or inspection related to a project undergoing review by the Town Board, Planning Board or Zoning Board of Appeals.

FAMILY

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

FARM

See "customary agricultural uses."

FARM ACCESSORY BUILDING

A structure designed and constructed to house farm implements, hay, grain, poultry, livestock, or other horticultural products. This structure shall not be a place of human habitation, but used in the raising, growing or storage of agricultural products by a farmer engaged in a farming operation and used directly and solely for agricultural purposes.

FARMERS MARKET

The seasonal or year-round retail selling of farm products in a permanent structure or a predesignated area, where the vendors are individuals who have raised the agricultural product or have taken the same on consignment for sale.

FENCE

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

FORMULA BUSINESS

A commercial building used by a business having more than five different business locations, that is designed to be virtually identical to buildings used by that business in other communities or places because of standardized architecture.

FUELING STATION

Any area of land, including structures thereon, that is used or designed to be used for the supply of gasoline, diesel, natural gas, propane, or oil or other fuel for the propulsion of motor vehicles or power equipment and which may include electric vehicle charging stations (EV). A fueling station may be associated with other uses, such as a motor vehicle service business, car wash, convenience store, and similar businesses.

FUNERAL HOME

A building used for the preparation of the deceased for burial and the display of the deceased and associated rituals.

GAME PRESERVE

An area of land where wild animals are either allowed to live safely or to be hunted in a controlled way for sport. When used for hunting, a game preserve is a wholly enclosed area where the release and shooting is allowed. A shooting preserve may or may not have a minimum acreage requirement, depending upon its classification as either a Class A or Class B shooting preserve as per DEC regulations. All lands used for a shooting preserve must be one contiguous block with the boundaries posted with appropriate signs in accordance with State Environmental Conservation Law section § 11-2111 (Posting; service of notice), § 11-1903 (Shooting Preserves), and 6 NYCRR Part 153, Preserve Licenses, 6 NYCRR Part 154, Domestic Waterfowl, and 6 NYCRR Part 175, Special Licenses and Permits - Definitions and Uniform Procedures.

GARAGE, PRIVATE

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

GOLF COURSE

A tract of land consisting of a landscaped area for playing golf or other recreational and social facilities, whether generally open to the public or having a private or semiprivate membership, and including all associated structures.

GREENHOUSE

A structure where plants are cultivated and sold for retail or wholesale purposes, and includes any operation engaged in the production of any agricultural plant to produce trees, shrubs, bushes, sod, flowers, ferns, plants or associated products that will be used in another location. A farm operation may include use of land for a nursery or greenhouse.

GREEN SPACE

That portion of land on a site plan, development plan, Comprehensive Plan or Official Map whose purpose is intended for open space preservation, recreation (active or passive), landscaping or parkland. Unless otherwise required by the Planning or Town Boards, said lands shall be undisturbed and seeded and planted with appropriate materials or left in their natural state. They will not contain buildings or structures other than fences and shall not be used for display or storage of any merchandise or used for the parking of vehicles.

HOME OCCUPATION

(1)

MINORA business activity resulting in a product or service for financial gain, conducted wholly or partly within a dwelling unit or accessory structure as a nonresidential use that is secondary and subordinate to the use of the dwelling for living purposes and which does not change the residential character of the dwelling unit or vicinity. The enterprise is conducted by an owner/operator who must reside on the premises and does not employ more than one other person in addition to the owner/operator and any other family participants in the home occupation who reside on the premises. Exterior evidence of this secondary use, if present at all, is limited to a small nameplate pursuant to § 161-34.6. Customers, clients, or other business associates enter the premises infrequently or on an irregular daily basis. The business does not store business products, equipment, or vehicles outside. The enterprise normally produces only household quantities and types of waste and does not involve delivery truck visits or other traffic beyond that expected of a typical residence.

(2)

MAJORA business activity resulting in a product or service for financial gain, conducted wholly or partly within a dwelling unit or accessory structure as a nonresidential use that is secondary and subordinate to the use of the dwelling for living purposes and which does not change the residential character of the dwelling unit or vicinity. The enterprise is conducted by an owner/operator who must reside on the premises and does not employ more than four persons, in addition to the owner/operator and any other family participants in the home occupation who reside on the premises. Other exterior evidence of this secondary use exists regardless of the number of employees, and includes, but is not limited to, parking; signage; customers, clients, and other business associates entering the premises daily or on a regular basis; storage of business products; placement of dumpsters; storage of equipment or commercial vehicles; delivery truck visits or other traffic beyond that expected of a typical residence; or noise, odors or vibrations occurring at the property line. Those major home occupations that require heavy-duty equipment or trucks, such as landscaping, freight, trucking, and more intense uses, such as restaurants, tool or equipment rental, veterinary hospital or kennels, and others of a similar nature, shall not be considered a major home occupation.

HOTEL, MOTEL, INN or TOURIST OR AUTO COURT

An establishment containing lodging accommodations designed for use by lodgers or travelers or temporary guests, with no provision in said accommodations for cooking in any individual room or suite.

HOUSEHOLD PETS

An animal residing within a residential dwelling unit and not raised for the production of products or for sale.

IMPERVIOUS SURFACE OR COVER

All materials or structures on or above the ground surface that prevents water from infiltrating into the underlying soils. Impervious surfaces include, without limitation, paved and/or gravel road surfaces, parking lots, driveways, and sidewalks; compacted dirt surfaced roads; building structures; rooftops; and miscellaneous impermeable structures, such as patios, pools, and sheds.

JUNKYARD

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

KENNEL, COMMERCIAL

Any lot or premises or portion thereof on which more than four dogs, cats, and other household domestic animals over four months of age are kept or on which more than two such animals are boarded for compensation or just kept for sale. A kennel may also be associated with and part of a veterinarian clinic.

LABORATORY

A structure equipped for scientific experiments, research, testing, or for the manufacture of drugs or other chemicals.

LAND USE ACTIVITY

Any construction or other activity which changes the use or appearance of land or a structure or the intensity of use of land or a structure. "Land use activity" shall explicitly include, but not be limited to, the following: new structures, expansions to existing structures, new uses, changes in or expansions of existing uses, roads, driveways, and excavations for the purpose of extracting soil or mineral deposits.

LARGE-SCALE PLANNED DEVELOPMENT DISTRICTS

An area, approved by the Town Board, of minimum contiguous size, planned, developed, operated, and maintained as a single entity and containing one or more structures to accommodate commercial, manufacturing or residential uses, or a combination of such uses, and associated common areas, and accessory, customary and incidental to the approved uses.

LAUNDRY AND DRY CLEANER

An establishment providing for the washing and use of dry-cleaning chemicals to wash personal items.

LIVESTOCK

Domesticated animals raised for agricultural purposes to produce commodities for meat, dairy, furs, etc. "Livestock" includes but is not limited to commodities such as cattle, sheep, hogs, goats, horses, poultry, birds, such as ostriches, emus, rheas and kiwis, farmed deer, farmed buffalo, fur-bearing animals, and wool-bearing animals, such as alpacas and llamas, etc.

LOCAL WATERFRONT REVITALIZATION PROGRAM (LWRP)

The Town of Waterford's Local Waterfront Revitalization Program prepared for the New York State Department of State, Division of Coastal Resources.

LOT

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

LOT AREA

See "area, lot."

LOT LINE

A line of record bounding a lot, which divides one lot from another lot or from a public or private street or any other public space.

LOT LINE, FRONT

The lot line separating a lot from a right-of-way. It shall be measured from the point where one sideline intersects with the right-of-way to the other sideline that intersects with the right-of-way.

LOT LINE, REAR

The lot line opposite and most distant from the front lot line.

LOT LINE, SIDE

Any lot line other than a front or rear lot line. It shall be measured from the point where it intersects with the front lot line to the point where it intersects with the rear lot line.

LOT, CORNER

A lot which has an interior angle of less than 135° at the intersection of two street lines. A lot abutting upon a curved street shall be considered a corner lot if the tangents to the curve at the points of intersection of the side lot lines intersect at an interior angle of less than 135°.

LOT, DEPTH OF

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

LOT, WIDTH OF

The width of a lot at the midpoint between the front and rear property lines measured at the shortest point between the two sidelines.

MEDICAL CARE FACILITY

A facility or institution, whether public or private, principally engaged in providing services for health maintenance and the treatment of mental or physical conditions. It shall also include laboratories, testing, and imaging facilities that provide support to medical professionals and their patients.

MINIMUM MEAN LOT WIDTH

Shall be equal to the existing minimum frontage width in each respective district.

MOBILE HOME

A vehicle used for living or sleeping purposes and standing on wheels or on rigid supports.

MOBILE HOME PARK

A tract of land where two or more mobile homes are parked, or which is used or held out for the purpose of supplying to the public a parking space for two or more mobile homes.

NATURAL PROTECTIVE FEATURE

A characteristic of land that was not directly created or built by humans and serves to protect other lands, man-made structures, or persons from floods, wind, earthquakes, extreme heat or cold, excessive precipitation, erosion or landslides, or any other phenomenon in nature that could result in significant loss of life or property.

NET ACREAGE

The number of acres available for development after all acreage having environmental constraints, including wetlands, streams, rivers, lakes, canals, slopes greater than 15%, existing streets, easements, parks, lands officially designated on the Official Map (if any), and lands undevelopable due to drainage or adverse subsoil conditions, is subtracted from the total.

NONCONFORMING BUILDING

A building or structure lawfully occupying a portion of a lot, which does not conform to the area, bulk, space, side yard or setback requirements of this chapter or which occupies a lot smaller than that permitted by this chapter.

NONCONFORMING USE

A building, structure or land lawfully occupied by a use that does not conform to the regulations of the district in which it is situated.

NURSERY

A structure where plants are cultivated and sold for retail or wholesale purposes and includes any operation engaged in the production of any agricultural plant to produce trees, shrubs, bushes, sod, flowers, ferns, plants, or associated products that will be used in another location. A nursery may include one or more greenhouses in which such plants are grown.

NURSERY SCHOOL

A school designed to provide daytime care or instruction for two or more children from two to five years of age, inclusive, and operated on a regular basis.

NURSING OR CONVALESCENT HOME

Any dwelling used for the accommodation and care of persons with or recuperating from illness or incapacity, where nursing services are furnished.

OFFICIAL MAP

A map adopted by the Town of Waterford that conclusively shows the location and width of existing and proposed streets, public facilities, public areas, and infrastructure rights-of-ways.

OFF-STREET LOADING

Designated areas located adjacent to buildings where trucks may load and unload cargo.

OPEN SPACE

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

OUTDOOR THEATER

An outdoor space used to show movies or performances for drama, dance, music, or other live performances.

PARKING SPACE

An off-street space available for the parking of one motor vehicle and having an area of not less than 162 square feet and with a minimum width of nine feet, exclusive of passageways and driveways thereto.

PERSONAL SERVICE SHOP

An establishment primarily engaged in providing services involving the care of a person or his or her apparel, such as a barbershop or beauty parlor, shoe repair, tailoring or dressmaking, optician, clothing rental shop, photographic studio, and other similar services.

PITCH AND PUTT AREA

A recreational facility having baseball batting cages, mini golf and/or a golf driving range.

PLACE OF WORSHIP

A building, place, location, or conversion of real property for the purpose of religious exercise. The term "religious exercise" includes any exercise of religion, whether or not compelled by, or central to, a system of religious belief.

PLANNING BOARD

The duly designated Planning Board of the Town of Waterford, Saratoga County, New York.

PORTABLE ON-DEMAND STORAGE

Intended to cover any structure used for temporary storage, including but not limited to portable on demand storage (PODS^®), storage and semitrailers, or commercial box vans that are parked for temporary construction, or during renovation, or moving preparation.

POULTRY

Domestic fowl, such as chickens, turkeys, ducks, and geese.

PRINCIPAL BUILDING

A building in which is conducted the main or principal use of the lot on which such building is located.

PRIVATE GARAGE

A structure that is accessory to a nonretail, commercial, or manufacturing establishment, building, or use and is primarily for the parking and storage of vehicles operated by the customers, visitors, and employees of the building and that is not available to the general public. A multifamily residential structure may also have a private garage which is a structure used for the parking and storage of vehicles owned and operated by the residents and that is not a commercial enterprise available to the general public.

PRIVATE RECREATION AREA

An area of land, including structures and related facilities, owned and operated by an individual resident, corporation, association, or group of individuals, established for the fraternal, social, educational, recreational, or cultural enrichment of its members, including a homeowners' association, and to be used by those entities and their members but not by the general public.

PROFESSIONAL OFFICE, OFFICE or BUSINESS OFFICE

A place in which business, clerical, or professional service activities are conducted. The term "office" does not include businesses that sell goods.

PUBLIC OR PRIVATE SCHOOL

A building or part thereof which is designed, constructed, or used for instruction or education, including, but not limited to, elementary, parochial, private, secondary or vocational schools, and public higher education facilities, colleges, or universities. It shall also mean a business organized to operate for a profit, or an organization that operates not-for-profit offering instruction and training in a trade, service, or art.

PUBLIC PARK OR PLAYGROUND

An active recreational area with a variety of facilities open to the general public. A playground is a public park that includes equipment for younger children as well as court and field games.

PUBLIC TRUST LANDS

Properties that are considered held by the Town of Waterford or the State of New York due to the fact that they are not deeded to individuals. This may include land under water that is not specifically deeded to a property owner.

RETAIL SALES

The use or act of making goods and/or commodities available for purchase or lease to the public, with the intent that such goods shall be utilized directly by the purchaser and not resold.

RETAIL STORE

The location or structure from which retail sales are conducted.

RIDING ACADEMY

The use of land for the provision of commercial equine activities, including, but not limited to, riding lessons, trial riding activities or training of horses, or through the production for sale of crops, livestock, and livestock products, or through both the provision of such commercial equine activities and such products. Under no circumstances shall this use be construed to include operations whose primary on-site function is horse racing. Riding and training activities that are directly related to and incidental to the boarding and raising of horses, including riding lessons for persons who own or have a long-term lease (six months or longer) from the farm owner for the horse that is boarded at the farm and used for such activities, are part of a "commercial horse boarding" farm operation. Horse shows for horses either boarded at or owned by the farm operation, which are not open to the general public, are also part of the farm operation. Riding academies and other types of commercial equine operations are eligible for protection as farm operations for purposes of AML § 305-a. A riding academy generally offers riding lessons to the public and to individuals that do not own or have a long-term lease for the horse that is boarded and used at the facility for such riding. Eligibility for AML § 305-a protection is extended to not only horse training, but also to trail riding, riding lessons, and other commercial equine activities, regardless of whether the client is boarding a horse at the farm.

SCREENING or BUFFERING

Open spaces, landscaped areas, fences, walls, berms, or any combination used to physically separate or screen one use or property from another, so as to visually shield or block noise, lights, or other nuisances.

SENIOR CITIZEN

Any person aged 55 years and older.

SENIOR LIVING FACILITY

Housing designed for, and occupied by, at least one person 55 years of age or older per dwelling unit, and which has significant facilities and services specifically designed to meet the physical or social needs of older persons as described in federal 24 CFR Part 100 by the Department of Housing and Urban Development, or any amendments thereto. Other terms commonly used including, but not limited to, "assisted living facility," "congregate residences," "continuing care retirement community" or "retirement community" shall also be considered as senior living facilities.

SHALL/SHOULD

"Shall" means that something must be done, as opposed to the term "should" which means that something is allowed, but not required.

SIGN

Any structure or part thereof, or any device attached to a structure or painted or represented on a structure, which shall display or include any letter, word, model, banner, flag, pennant, insignia, device, or representation used as or which is in the nature of the announcement, direction or advertisement. A sign includes any billboard, but does not include the flag, pennant or insignia of any nation or group of nations, or of any state, city, or other political unit or of any political, educational, charitable, philanthropic, civic, professional, religious or like campaign, drive, movement, or event. However, a sign, as defined herein, shall not include a similar structure or device located within a building.

(1)

BUSINESS SIGNA sign which directs attention to a business or profession conducted or to products sold upon the same lot. A "for sale" or "to let" sign relating to the lot on which it is displayed shall be deemed a business sign.

(2)

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

(3)

ILLUMINATED SIGNAny sign designed to give forth any artificial light or designed to reflect such light deriving from any source which is intended to cause such light or reflection. A flashing sign is an illuminated sign on which the artificial light is not maintained stationery and constant in intensity and color at all times when in use.

SOLAR FARM

A solar energy generation facility, whether a ground-mounted and/or rooftop installation, principally used to convert solar energy to electricity, whether by photovoltaics, concentrating solar thermal devices or various experimental solar technologies, designed and intended to supply energy primarily into a utility grid for sale to the general public or to supply multiple users located off-site on which the energy system is located.

SOLAR PANEL

A photovoltaic device capable of collecting and converting solar energy into electricity.

SOLAR PANEL, GROUND-MOUNTED

A solar energy system that is anchored to the ground via a pole or other mounting system, detached from any other structure, that generates electricity for on-site or off-site consumption.

SOLAR PANEL, ROOF-MOUNTED

A solar energy system in which solar panels are mounted on top of the structure of a roof of any legally permitted building, either as a flush-mounted system or as modules fixed to frames which can be tilted toward the south at an optimal angle.

SPECIAL USE PERMIT

A land use which is deemed permissible within a given zoning district or districts, but which may have the potential to exhibit characteristics or create impacts incompatible with the purposes of such district. The special use shall, therefore, be subject to approval by the Planning Board in accordance with conditions set forth for such use, as well as other applicable provisions of this chapter.

STEEP SLOPE

Any slope with topographic gradient of 15% or higher, measured as sloping 15% or more vertical per 100 feet horizontal.

STOCKYARD/SLAUGHTERHOUSE

A place where animals are butchered for food.

STORY

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

STORY, HALF

A story under a gable, hip or gambrel roof, the wall plates of which, on at least two opposite exterior walls, are not more than two feet above the floor of such story.

STREET

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

STRUCTURE

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

THEATER, OUTDOOR

An open lot or part thereof, with its appurtenant facilities, devoted primarily to the showing of moving pictures or theatrical productions, on a paid admission basis, to patrons seated in automobiles or on outdoor seats.

TOOL OR DIE MANUFACTURER

A commercial enterprise where cutting tools and forming or dies used by machine tools are made and used.

TRUCK TERMINAL

An area and building where trucks load and unload cargo and freight and where the cargo and freight may be broken down or aggregated into smaller or larger loads for transfer to other vehicles or modes of transportation.

UNFINISHED BUILDING

A building which does not have a permanent roof, does not have completely enclosed outside walls with the finish materials installed, all glazing in place, a permanent heating system, insulation, plumbing, permanent electric service or sewerage installed.

USE

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

VARIANCE, AREA

A variance from the area and bulk requirements or supplementary regulations of a related character (such as amount, size, location of design or access, off-street parking, landscaping, signs) to authorize on a specific lot a permitted use which could not feasibly be established without relief from one or more of the dimensional requirements pertaining to the district.

VARIANCE, USE

A variance from the use regulations to allow the establishment on a specific lot of a use otherwise prohibited in the district.

WAREHOUSE AND STORAGE

A building or part of a building for storing of goods, wares, and merchandise, whether for the owner or for others, and whether for a public or private use.

WATER IMPOUNDMENT

A use or structure intended to retain water for current or future consumption or use, including but not limited to water towers, reservoirs, and dams.

WATER-DEPENDENT USE

An activity which requires a location in, on, over, or adjacent to the water because the activities require direct access to water and the use of water is an integral part of the activity. Examples of water-dependent uses include public and private marinas, yacht clubs, boat yards, commercial and recreational fishing facilities, waterborne commerce, ferries, marine educational or laboratory facilities, and water-related public and quasi-public utilities.

WATER-ENHANCED OR WATER-RELATED USES

Uses that have no critical dependence on obtaining a waterfront location, but the profitability of the use and/or the enjoyment level of the users is increased significantly when it is adjacent or has visual access to the waterfront.

WETLAND

Includes both tidal wetlands, as defined in Article 25 of the New York State Environmental Conservation Law, and freshwater wetlands, as defined in Article 24 of the New York State Environmental Conservation Law.

YARD (FRONT, SIDE AND REAR)

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

ZONING BOARD OF APPEALS

The body officially constituted by the Town of Waterford Town Board whose principal duties are to interpret this chapter, hear appeals and, where appropriate, grant variances from the strict application of the regulations.

ZONING ORDINANCE

The Zoning Ordinance of the Town of Waterford, Saratoga County, New York.

[1]

Editor's Note: Said appendix is included as an attachment to this chapter.

R-75	Residence District
R-100	Residence District
R-Rural	Residential District
C-1	Commercial District
C-2	Commercial District
C-3	Commercial District
M-1	Manufacturing District
L-C	Land Conservation District
M-2	Industrial District
WO	Waterfront Overlay District
PD	Planned Development District