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.
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.
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.
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.
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 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.
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.
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 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.
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.