As used in this chapter, the following terms shall have the
meanings indicated:
ACCESSORY DWELLING
A second residential structure that is found on the same
lot as the principal dwelling and is not connected to said principal
dwelling.
ADULT
Any person 18 years of age or older. (A minor is any person
under the age of 18.)
ADULT USE
Any use or business that uses land, structures or premises
for an adult-oriented purpose for which the provisions of the Penal
Law are required to restrict the access thereto by minors. Such establishments
may include but are not limited to: adult bookstore, adult entertainment
cabaret, adult theater and adult peep show.
A.
ADULT BOOKSTOREAn establishment having as any portion of its stock-in-trade books, magazines, videos, computer software, or other periodicals, films or viewing on the premises by use of motion-picture devices or any other coin-operated means, and materials which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or male or female genitalia, anatomical areas or an establishment with a segment or section devoted to the sale or display of such material, and which establishment customarily excludes any minor by virtue of age.
B.
ADULT ENTERTAINMENT CABARETA public or private establishment, or any part thereof, which presents any of the following entertainments or services on one or more occasions for observation by patrons therein and which is operated for profit: topless female dancers; strippers; male or female impersonators; exotic dancers; topless waitressing, bussing or service; or service or entertainment where the servers or entertainers wear pasties or G-strings or both. Adult entertainment cabarets customarily exclude minors by reason of age.
C.
ADULT PEEP SHOWA theater which presents material in the form of live shows, films or videotapes, viewed from an individual enclosure, for which a fee is charged and which is not open to the public generally but excludes any minor by reason of age.
D.
ADULT THEATERA theater that customarily presents motion pictures, films, videotapes or slide shows that are open to the public generally but excludes any minor by reason of age whether or not they are accompanied by a parent or guardian.
AFFORDABLE HOUSING
A building or a portion thereof used exclusively for individuals
and families whose household incomes are at or below 80% of the area
median income based on family size for Albany County as determined
annually by the Federal Department of Housing and Urban Development
(HUD).
ALLEY
A publicly or privately owned serviceway less than 22 feet
in width providing a secondary means of access to abutting properties.
ALTERATION
As applied to a building or structure, a change or rearrangement
in the structural parts or in the exit facilities, or an enlargement,
whether by extending on a side or by increasing in height, or the
moving from one location or position to another.
ANIMAL HOSPITAL
A facility providing animal medical care, run by a licensed
doctor of veterinary medicine (DVM).
APPEAL
A request for review by the Zoning Board of Appeals to interpret
a decision made or an action taken by the Zoning Officer, or a request
for an exception (variance) to the Zoning Ordinance.
AREA OF SPECIAL FLOOD HAZARD
The land in the floodplain within a community subject to
a one-percent or greater chance of flooding in any given year. This
area may be designated as Zone A, AE, AH, AO, A1, A99, V, VO, VE,
or V30. It is also commonly referred to as the "base floodplain" or
"one-hundred-year floodplain."
AWNING AND/OR CANOPY
A roof-like protective cover over a door, entrance, window
or outdoor service area that projects from the face of a structure
and is constructed of durable materials, including but not limited
to fabrics and/or plastics.
BANK
A financial institution that accepts deposits and channels
the money into lending activities.
BAR or TAVERN
A business establishment with a New York State liquor license
authorizing sale of liquor for on-premises consumption in which liquor
sales represent 25% or more of sales receipts.
BASEMENT
That portion of a building having its floor subgrade (below
ground level) on all sides.
BEAUTY SHOP
An establishment in which hairdressing, makeup, and similar
cosmetic treatments are carried out professionally.
BED-AND-BREAKFAST
A dwelling in which overnight accommodations and breakfast
are provided or offered for transient guests for compensation.
BERM
An earthen mound designed to provide visual interest, screen
undesirable views and/or decrease noise.
BOARDING OR ROOMING HOUSE
Two or more people living in a building arranged for lodging
containing a shared bath(s) and kitchen(s), but not living together
as in a single residential unit.
BOAT LAUNCH
Access provided by a graded area for watercraft to be dropped
into and removed from the water.
BREAKAWAY WALL
A wall that is not part of the structural support of the
building and is intended through its design and construction to collapse
under specific lateral loading forces without causing damage to the
elevated portion of the building or the supporting foundation system.
BUFFER
A combination of physical space and vertical elements, such
as plants, berms, fences or walls, the purpose of which is to separate
and screen incompatible land uses from each other and/or to protect
wildlife habitats, wetlands, stream corridors and other significant
environmental features.
BUILDING
Any structure having a roof supported by columns, piers or
walls and intended for commerce, shelter, housing or enclosure of
persons, animals or chattel.
BUILDING FRONTAGE
The width of a building facing a street or public parking
lot; in the case of a corner lot, it may be either frontage at the
option of the applicant. Where a mall exists, "building frontage"
shall mean that portion of the building perimeter facing a street
or designated parking areas; in the case of two such perimeters, it
may be either frontage at the option of the applicant.
BUILDING HEIGHT
The vertical dimension measured from the average elevation
of the finished grade adjoining the exterior walls of a building to
the highest point of the roof for flat roofs, to the deckline of a
mansard roof and to the average height between the plate and ridge
of a gable, hip or gambrel roof.
BUILDING PERMIT
A permit issued by the Zoning Officer, pursuant to §
285-8B, which authorizes the construction or alteration of any building, structure, or premises pursuant to specific building plans and designs submitted by the applicant.
BUILDING, ACCESSORY
A subordinate building, including tool or storage sheds,
playhouses, and playsets, located on the same lot with the principal
building, occupied by or devoted to an accessory use. Where an accessory
building is attached to the principal building in a substantial manner,
as by a wall or roof, such accessory building shall be considered
part of the principal building.
BUILDING, PRINCIPAL
A building in which is conducted the main use of the lot
on which said building is located.
BULK AND USE REGULATIONS
The maximum size of a building and its location on a lot
as defined by density and dimension standards viewed as appropriate
for the specific zoning district.
CARNIVAL
An amusement show, usually traveling from place to place,
having sideshows, Ferris wheels, merry-go-rounds, games of skill or
chance, etc.
CELLAR
Has the same meaning as "basement." A cellar shall not be
counted as a story in determining the building height.
CEMETERY
Property used for the interring of the dead.
CERTIFICATE OF APPROPRIATENESS
A certificate issued by the Historic Preservation and Architectural
Review Board approving any erection of new buildings or structures,
signs, demolitions, reconstructions, alterations, reductions, enlargements,
restorations, or the movement of buildings or structures in Historic
Overlay Districts.
CERTIFICATE OF COMPLETION
A certificate issued by the Zoning Officer, pursuant to §
285-8F, which indicates that all work completed under the building permit issued by the Code Enforcement Office has been completed in accordance with the New York State Uniform Fire Prevention and Building Code.
CERTIFICATE OF OCCUPANCY
A certificate issued by the Zoning Officer, pursuant to §
285-8D, which states that the building, structure, or premises substantially complies with the building plans and design specifications submitted to and approved by the City, that all provisions pursuant to this chapter have been satisfied, and that the building, structure, or premises is thereby suitable for occupancy.
CIRCUS
An exhibition of wild animals and acrobatic acts, together
with sideshows and vending concessions.
CLUB, PRIVATE
A nonprofit social organization whose premises are restricted
to its members and their guests.
CODE ENFORCEMENT OFFICER
A City employee charged with the responsibility of administering
and enforcing this chapter, as well as the New York State Uniform
Fire Prevention and Building Code, as amended, and related regulations.
Reference to the Code Enforcement Officer may be construed to include
the Building Inspector, Fire Inspector and the like where applicable.
COMMUNITY FUNCTION HALLS
Any building, structure, premises or part thereof that is
designed, constructed, or used for community or governmental or municipal
purposes, which may also include such uses as any library, museum,
post office, police, rescue and/or fire stations that serve the public;
such facilities may incidentally offer recreational, social, educational,
and/or cultural activities but shall exclude all buildings and structures
belonging to a religious organization or social and/or fraternal organization
or membership clubs.
COMPLETE STREETS
Streets that are designed and operated to enable safe access
for all users, in that pedestrians, bicyclists, motorists, and public
transportation users of all ages and abilities are able to safely
move through the transportation network.
CONGREGATE HOUSING
A community residential-style living option that provides
nursing home care, including unskilled support, to individuals, that
promotes independent living but that does not provide for the treatment
or care of individuals suffering from adverse effects of alcohol or
illicit drug use or transitional housing for individuals newly released
from a correctional institution or other court mandated treatment
facility or program for drug or alcohol abuse or for the treatment
of mental illness.
CONTRACTOR'S YARD
An enclosed parcel of land, structure(s) or a combination
thereof used for the storage of machinery, equipment and nonhazardous
materials required for construction.
CONVENIENCE STORE
Small commercial establishments, catering primarily to residents
of nearby areas, providing frequently needed retail goods and personal
services.
CORNICE
Any horizontal member, structural or nonstructural, of any
building, projecting outward from the exterior walls at the roofline,
including eaves and other roof overhang.
CRAWL SPACE
An enclosed area beneath the lowest elevated floor, 18 inches
or more in height, which is used to service the underside of the lowest
elevated floor. The elevation of the floor of this enclosed area,
which may be of soil, gravel, concrete or other material, must be
equal to or above the lowest adjacent exterior grade. The enclosed
crawl space area shall be properly vented to allow for the equalization
of hydrostatic forces which would be experienced during periods of
flooding.
CULTURAL USE FACILITY OR MUSEUM
Any building, room or area with the capacity to hold 100
or more persons and designed or utilized primarily for the presentation
to the general public of live theater, dance performances, musical
concerts, cinema, lectures, exhibits of various art forms or exhibits
of cultural, academic or scientific material.
DAY-CARE CENTER
A place other than an occupied residence providing or designed
to provide day care for seven or more persons on a regularly scheduled
basis for more than three but less than 24 hours per day. Also see
§ 390(1)(c) of the Social Services Law of the State of New
York.
DECIDUOUS
A plant with foliage that is shed annually.
DEED OR TRACT RESTRICTIONS
Legal language recorded in an instrument in the chain of
title for a lot, which describes specifically limitations or restrictions
on the use of the property.
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, paving, excavation or drilling operations or storage
of equipment or materials located within an area of a special flood
hazard.
DOCK
A structure, either immobile or floating, which provides
access for watercraft and which allows watercraft to tie up for a
limited amount of time.
DRIVE-IN FACILITY
A use or portion of a use which by design of physical facilities
or by service or packaging procedures encourages or permits customers
to receive a service or obtain a product which may be consumed or
used in a motor vehicle on the premises.
DWELLING
A building or portion thereof used exclusively as the residence
or sleeping place of one or more persons, and may include garage space
for personal automobiles.
A.
DWELLING, AFFORDABLE HOUSINGA building or a portion thereof used exclusively for individuals and families whose household incomes are at or below 80% of the area median income based on family size for Albany County as determined annually by the Federal Department of Housing and Urban Development (HUD).
B.
DWELLING, AFFORDABLE RENTAL HOUSINGA building or a portion thereof used exclusively for individuals and families whose household incomes are at or below 50% of the area median income based on family size for Albany County as determined annually by the Federal Department of Housing and Urban Development (HUD).
D.
DWELLING, CONDOMINIUMA multifamily residence in which dwelling units are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions.
F.
DWELLING, MULTIFAMILYA building or portion thereof containing three or more dwelling units designed or used for occupancy by three or more families living independently of each other.
G.
DWELLING, SENIOR HOUSINGA building or a portion thereof containing dwelling unit(s) as defined herein and designated for older persons, as defined in the Federal Fair Housing Act.
H.
DWELLING, SINGLE-FAMILYA dwelling unit designed for or occupied exclusively by one or more persons living as a single, nonprofit housekeeping unit. The dwelling can consist of a modular home, or a lumber-constructed home on a permanent foundation, cellar, or basement.
I.
DWELLING, TWO-FAMILYA building containing two dwelling units and used or intended to be used exclusively for occupancy by two families living independently of each other, or two single-family dwellings having a party wall in common.
J.
DWELLING UNITOne or more rooms providing living facilities for one family or housekeeping unit, including equipment for cooking, living and sleeping purposes and provisions for the same.
K.
DWELLING UNIT, ACCESSORYAn accessory use involving a separate and complete dwelling unit either in or added to an existing single-family dwelling, or a separate accessory building on the same lot as the principal dwelling.
EASEMENT
The authorization by a property owner for use by another,
for a specified purpose, of any designated part of such property.
EVERGREEN
A plant with foliage that persists and remains green year-round.
FAMILY
A.
Family shall be considered one of the following:
(1)
One, two or three persons occupying a dwelling unit; or
(2)
Four or more persons occupying a dwelling unit and living together
as a traditional family or the functional equivalent of a traditional
family.
B.
It shall be presumptive evidence that four or more persons living
in a single dwelling unit who are all not related by blood, marriage,
or legal adoption do not constitute the functional equivalent of a
traditional family.
C.
In determining whether individuals are living together as the
functional equivalent of a traditional family, the following criteria
must be present:
(1)
The group is one which in theory, size, appearance, structure,
and function resembles a traditional family unit;
(2)
The occupants must share the entire dwelling unit and live and
cook together as a single housekeeping unit. A unit in which the various
occupants act as separate roomers may not be deemed to be occupied
by the functional equivalent of a traditional family;
(3)
The group shares expenses for food, rent, or ownership costs,
utilities and other household expenses;
(4)
The group is permanent and stable. Evidence of such permanency
and stability may include:
(a)
The presence of minor dependent children regularly residing
in the household who are enrolled in local schools;
(b)
Members of the household have the same address for purposes
of voter's registration, driver's license, motor vehicle registration,
and filing of taxes;
(c)
Members of the household are employed in the area;
(d)
The household has been living together as a unit for a year
or more whether in the current dwelling unit or other dwelling units;
(e)
There is common ownership of furniture and appliances among
the members of the household; and
(f)
The group is not transient or temporary in nature;
(5)
Any other factor reasonably related to whether or not the group
is the functional equivalent of a family.
FAMILY DAY-CARE HOME
An occupied family residence providing day care for three
to six children for more than three hours per day. See § 390(1)(e)
of the Social Services Law of the State of New York.
FARM or AGRICULTURAL OPERATION
The use of a parcel of land of one acre or more for gain
in the raising of agricultural products, trees, nursery stock, livestock,
poultry or dairy products. It includes necessary farm buildings and
the storage of necessary equipment.
FARMER'S MARKET
The offering for sale of agricultural products directly to
the consumer.
FENCE
A structure bounding an area of land designed to either limit
access to the area or to screen such area from view, or both. The
term "fence" shall include tennis court enclosures, backstops, and
similar structures.
FLAG
Any fabric, banner or bunting containing distinctive colors,
patterns or symbols, used as a symbol of a government, political subdivision
or other entity, or for decorative purposes.
FLOATING ZONE
A zoning district that is fixed on the official Zoning Map
pursuant to the review and approval procedures set forth in this chapter.
FLOOR AREA RATIO
The ratio between total site area and total floor area permitted
in any district. The floor area of the building considered for the
computation of floor area ratio shall be restricted to those levels
above the surface of the ground and shall not include any basement
or garage spaces under the surface. Garage facilities above the surface
shall be included in the computations. Where the ground level changes
a full story height or more along a building facade, the floor area
of such story shall be prorated in proportion to the average story
height above grade. Total site area shall be the entire site within
the property lines of any development.
FLOOR AREA, TOTAL
The sum of the gross horizontal areas of the floor or floors
of a building which are enclosed and usable for human occupancy, storage,
or the conduct of business. Said areas shall be measured between the
inside face of exterior walls or from the center line of walls separating
two uses. Said areas shall not include areas below the average level
of adjoining ground, garage space or accessory building space (includes
basement but not cellar).
FORM-BASED CODE
Zoning regulations which dictate development patterns for
portions of the City through design standards and building scale guidelines
rather than the separation of uses.
FUNCTIONALLY DEPENDENT USE
A use which cannot perform its intended purpose unless it
is located or carried out in close proximity to water, such as a docking
or port facility necessary for the loading and unloading of cargo
or passengers, shipbuilding, and ship repair facilities. The term
does not include long-term storage, manufacturing, sales, or service
facilities.
FUNERAL HOME
A building used for the preparation of the deceased for burial
and the display of the deceased and ceremonies connected therewith
before burial or cremation.
GARAGE
A secondary building used in conjunction with a primary building
which provides for the storage of motor vehicles and in which no occupation,
business or services for profit are carried on.
GOLF COURSE, PRIVATE
A recreation facility consisting of at least nine holes,
each with tee, green, and fairway, located on a parcel of land containing
at least 25 acres, as distinguished from golf driving ranges and miniature
golf. Club membership is required in order to use the facility.
GOLF COURSE, PUBLIC
A recreation facility consisting of at least nine holes,
each with tee, green, and fairway, located on a parcel of land containing
at least 25 acres, as distinguished from golf driving ranges and miniature
golf. Club membership is not required to use the facility.
GREEN
Located in a central position in the neighborhood and surrounded
by streets and/or building lots on at least three sides. It is designed
and landscaped as a space for common neighborhood use.
GREENHOUSE, COMMERCIAL
A glass or plastic enclosed structure for cultivating plants
that must have controlled temperature and humidity, used for wholesale
or retail purposes.
GREENHOUSE, PERSONAL
A glass or plastic enclosed structure for cultivating plants
that must have controlled temperature and humidity, not used for wholesale
or retail purposes.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface, prior
to construction, next to the proposed walls of a structure.
HISTORIC OVERLAY DISTRICT
That area of the City of Cohoes which has been officially
designated in the National Register of Historic Places by the Department
of the Interior as shown on the map approved by the New York State
Office of Parks, Recreation, and Historic Preservation and shown on
the Zoning Map, and which has a special character and historical and
aesthetic interest and value and represents various eras in the history
of the City and, as a result thereof, constitutes a distinct section
of the City and is designated as an Historic Overly District pursuant
to an amendment to this chapter.
HISTORIC STRUCTURE
Any structure that is:
A.
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
B.
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
C.
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
D.
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
(1)
By an approved state program as determined by the Secretary
of the Interior; or
(2)
Directly by the Secretary of the Interior in states without
approved programs.
HOME OCCUPATION
Any occupation or profession, excluding motor vehicle repairs
on the premises, which:
A.
Can be conducted without substantial change in the appearance,
character or traffic generation of the residence.
B.
Is carried on by a member of the household residing in the dwelling
unit.
C.
Is clearly incidental and accessory or secondary to the use
of the dwelling unit for residential purposes.
HOMEOWNERS' ASSOCIATION
An organization of residential property owners residing within
a particular development who contractually agree to provide, reserve
and maintain commonly owned facilities and/or open space, in accordance
with New York State law.
HOTEL
A building having more than two stories and containing rooms
intended, designed, used, rented or hired out, to be occupied for
sleeping purposes by transient guests and/or the general public.
HYDROPONICS
A method of growing plants without soil in nutrient solutions,
water, or a solid medium such as gravel.
IMPERVIOUS SURFACE
The horizontal area of ground covered by a surface through
which water cannot infiltrate, such as buildings, asphalt driveways
or parking areas.
IN-LAW APARTMENT
An apartment within an existing dwelling in which a family
member resides and which includes a separate kitchen.
INCENTIVE ZONING
The granting of additional development capacity in exchange
for a public benefit or amenity in accordance with this chapter.
INDOOR RECREATION FACILITIES
An indoor facility designed and equipped for the conduct
of sports and leisure-time activities. A commercial recreational facility
is operated as a business and open to the public for a fee. Such uses
may be accompanied by customary accessory uses, which may include
food service facilities, meeting rooms, serving of alcoholic beverages,
video or computer game facilities, video theater facilities, sales
of sports or exercise-related equipment or clothing and other customary
accessory uses.
INDUSTRY, LIGHT
A use that involves the manufacturing, production, processing,
fabrication, assembly, treatment, repair, or packaging of finished
products, predominantly from previously prepared or refined materials,
or from raw materials that do not need refining and is conducted wholly
within an enclosed building. Warehousing, wholesaling, and distribution
of the finished products produced at the site are allowed as part
of this use. Light industry is capable of operation in such a manner
as to control the external effects of the manufacturing process, such
as smoke, noise, soot, dirt, vibration, odor, etc.
INN
A commercial facility for the housing and feeding of transients.
JUNKYARD
A place where waste, discarded or salvaged materials are
bought, recycled, sold, exchanged, stored, baled, cleaned, packed,
disassembled or handled or where automobile wrecking takes place,
but not including pawnshops and establishments for the sale, purchase
or storage of used furniture, household equipment and clothing.
KENNEL
A lot or parcel of land where four but no more than 20 adult
dogs are kept, whether by owners of the dogs or by persons providing
facilities and care, whether or not for compensation, but not including
a small animal hospital, clinic or pet shop. An adult dog is one of
either sex, altered or unaltered, that has reached the age of four
months.
LANDOWNER
The legal or beneficial owner of land, including those holding
the right to purchase or lease the land, or any other person holding
proprietary rights in the land.
LANDSCAPED AREA
That area of a site plan not consisting of structures or
pavement. Landscaped area shall consist of those areas on a site plan
that are planted, seeded or provide similar vegetative or landscaped
cover, including ponds.
LAUNDROMAT
An establishment with coin-operated washing machines and
dryers for public use.
LETTER OF CREDIT
A security which may be accepted as a guaranty of a requirement
that certain improvements be made before the Zoning Officer issues
a certificate of occupancy, including escrow agreements and other
similar collateral and surety agreements acceptable in form and amount
to the Municipal Attorney and Municipal Engineer and approved by the
Common Council.
LOCAL ADMINISTRATOR
The person appointed by the community to administer and implement
this chapter by granting or denying development permits in accordance
with its provisions. This person is often the Building Inspector,
Code Enforcement Officer, or employee of an engineering department.
LOGO
Any picture, shape or drawing, with or without letters or
words, used to identify a product, service, business or organization.
LOT
A 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 accessory use and open
spaces belonging to the same. A lot, within the meaning of this chapter,
may or may not be a lot as shown on a subdivision plot or assessment
record.
LOT ALTERATION
Any change in the dimension or orientation of a lot line
not resulting in or constituting subdivision or resubdivision as defined
herein, where there is no increase in the number of lots and no reconfigured
lot is in excess of 10,000 square feet in area.
LOT AREA
An area of land, which is determined by the limits of the
lot lines bounding that area and expressed in terms of square feet
or acres. Any portion of a lot included in a public street right-of-way
shall not be included in calculating lot area.
LOT COVERAGE
The percentage of the lot area covered by impervious buildings
or structures and including parking areas, driveways and walkways.
LOT DEPTH
The mean horizontal distance between the front and rear lot
lines, measured at right angles to the front lot line.
LOT LINES
The property lines bounding the lot. In the case of a lot
abutting more than one street, any such lot line will be considered
a front lot line.
LOT WIDTH
The mean width measured at right angles to the front lot
line or, for wedge-shaped lots, flag-shaped lots or lots with side
boundary lines not perpendicular to the front lot line, the width
measured at the required minimum front setback.
LOWEST FLOOR
The lowest floor of the lowest enclosed area (including basement
or cellar). An unfinished or flood-resistant enclosure, usable solely
for parking of vehicles, building access, or storage in an area other
than a basement area is not considered a building's lowest floor,
provided that such enclosure is not built so as to render the structure
in violation of the applicable nonelevation design requirements of
this chapter.
MACHINE SHOP
A building used for the purpose of fabricating metal parts
for various applications.
MACHINERY OR TRANSPORTATION SERVICES, SALES, AND REPAIR
A building or collection of buildings used for the purposes
of selling, servicing and repairing machinery and transportation equipment,
including automobiles, trucks, tractor-trailers, and construction
and maintenance equipment.
MAJOR STREET
A street that serves or is designed to serve heavy flows
of traffic and which is used primarily as a route for traffic between
communities and/or other heavy traffic-generating areas.
MAJOR SUBDIVISION
Any subdivision not classified as a minor subdivision, including
but not limited to subdivisions of five or more lots or any sized
subdivision requiring any new street or extension of municipal facilities.
MANUFACTURED HOME
See also "mobile home." A structure, transportable in one
or more sections, which, in the traveling mode, is eight body feet
or more in width or 40 body feet or more in length or, when erected
on site, is 320 or more square feet, and which is built on a permanent
chassis and designed to be used as a dwelling with or without a permanent
foundation when connected to the required utilities, and includes
the plumbing, heating, air-conditioning and electrical systems contained
therein and complies with Part 1220 of the New York State Uniform
Fire Prevention and Building Code and federal Department of Housing
and Urban Development standards; excluding, however, travel trailers,
motorized homes, pickup coaches and camping trailers. This definition
does not include modular manufactured homes as defined by the New
York State Uniform Fire Prevention and Building Code.
MANUFACTURED HOME, DOUBLE-WIDE
See also "mobile home, double-wide." A manufactured home
consisting of two sections, combined at the site, with a combined
width of no less than 20 feet, while still retaining their individual
chassis for possible future movement and complying with Part 1220
of the New York State Uniform Fire Prevention and Building Code and
federal Department of Housing and Urban Development standard; excluding,
however, travel trailers, motorized homes, pickup coaches and camping
trailers. This definition does not include modular manufactured homes
as defined by the New York State Uniform Fire Prevention and Building
Code.
MANUFACTURING INDUSTRIES
Any factory, shop, yard warehouse, mill or other nonresidential
premises utilized in whole or in part for the processing, preparation,
production, containerizing, storage or distribution of goods, wares,
commodities, parts, materials, electricity and the like. The processing,
preparation and production activities customarily deal with man-made
or raw materials and other manufactured items which are altered, restored
or improved by the utilization of biological, chemical or physical
actions, tools, instruments, machines or other such similar natural,
scientific or technological means. "Manufacturing" shall also include
the handling of any waste products and materials. Manufacturing processes
and treatments include but are not limited to such operations as mixing,
crushing, cutting, grinding and polishing; casting, molding and stamping;
alloying and refining; assaying, cleaning, coating and printing; and
assembling and finishing.
MARINA
Any waterfront facility which provides docking, mooring,
storage of more than four boats for rental or sale or for the commercial
launching of boats. The term may include facilities with or without
supply and repair services.
MARQUEE
Any hood, awning or permanent construction that projects
from a wall of a building, usually above an entrance.
MASSING
The sense of bulk, size, and shape of a structure, usually
perceived by reference to the surrounding space and nearby structures
and natural features such as trees.
MEAN SEA LEVEL
For purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929, the North American
Vertical Datum of 1988 (NAVD 88), or other datum, to which base flood
elevations shown on a community's Flood Insurance Rate Map are referenced.
MEDICAL CARE OFFICE
A medical facility in which one or more medical doctors receive
and treat patients.
MICROBREWERY
An establishment that produces malt beverages and alcoholic
ciders for sale on premises and in packages for later consumption
off premises via retail carry-outs, or through distribution. Production
not to exceed 15,000 barrels per year. A restaurant may be a permitted
accessory use.
MINOR STREET
A street intended to serve as primary access to abutting
properties.
MINOR SUBDIVISION
Any subdivision which contains not more than four lots fronting
on an existing street; does not include any new street or road; does
not require the extension of municipal facilities; does not adversely
affect adjacent properties; and is not in conflict with any provision
of the Comprehensive Plan and Official Zoning Map of the City of Cohoes,
or these regulations.
MOBILE HOME
A structure, transportable in one or more sections, which,
in the traveling mode, is eight body feet or more in width or 40 body
feet or more in length or, when erected on site, is 320 or more square
feet, and which is built on a permanent chassis and designed to be
used as a dwelling with or without a permanent foundation when connected
to the required utilities, and includes the plumbing, heating, air-conditioning
and electrical systems contained therein and complies with Part 1220
of the New York State Uniform Fire Prevention and Building Code and
federal Department of Housing and Urban Development standards; excluding,
however, travel trailers, motorized homes, pickup coaches and camping
trailers. This definition does not include modular manufactured homes
as defined by the New York State Uniform Fire Prevention and Building
Code.
MOBILE HOME PARK
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
MOBILE HOME, DOUBLE-WIDE
A mobile home consisting of two sections, combined at the
site, with a combined width of no less than 20 feet, while still retaining
their individual chassis for possible future movement and complying
with Part 1220 of the New York State Uniform Fire Prevention and Building
Code and federal Department of Housing and Urban Development standard;
excluding, however, travel trailers, motorized homes, pickup coaches
and camping trailers. This definition does not include modular manufactured
homes as defined by the New York State Uniform Fire Prevention and
Building Code.
MODULAR HOME
A factory-manufactured home which incorporates structures
or components designed for residential occupancy, constructed by a
method or system of construction whereby the structure or component
is wholly or in substantial part manufactured in a manufacturing facility
and is intended for permanent installation on a foundation on a building
site. Such home shall be constructed and installed in accordance with
the requirements of Subchapter B of the New York State Fire Prevention
and Building Code and shall bear an insignia of approval issued by
the New York State Fire Prevention and Building Code Council. Factory-manufactured
homes shall be deemed to be single- or two-family or multiple dwellings.
This definition does not include double-wide mobile homes as defined
by the New York State Uniform Fire Prevention and Building Code.
MOTEL
A building or group of buildings having two stories or less,
whether detached or in connected units, used as individual sleeping
units designed primarily for transient automobile travelers and providing
accessory off-street parking and, if desired, restaurant facilities.
The term "motel" shall also include tourist courts, motor lodges and
similar uses.
MOTOR VEHICLE REPAIR
Engine repair, body work, frame straightening, painting,
upholstering, steam cleaning, electrical work, tune-ups and all other
vehicle repair services not specifically listed in the definition
of "motor vehicle service stations."
MOTOR VEHICLE SERVICE STATION
A.
Any building, land area or other premises, or portion thereof,
used or intended to be used for any one or a combination of the following
activities:
(1)
Retail dispensing or sales of motor vehicle fuels.
(2)
Electric vehicle charging station.
(3)
Retail dispensing or sales of motor vehicle lubricants, including
oil changing and chassis lubrication where substantial disassembly
is not required.
(4)
Retail dispensing or sales of motor vehicle coolants.
(5)
Hand- or machine-washing in a single-bay motor vehicle wash.
(6)
Incidental repair or replacement of parts, such as windshield
wiper blades, light bulbs, air filters, oil filters, batteries, belts,
tires, fuses, lubrication of vehicles, and the like.
B.
Motor vehicle wrecking, repair, parking or storing of motor
vehicles for hire, and the operation of more than one towing vehicle
shall not be deemed permissible accessory uses of a motor vehicle
service station.
MOTOR VEHICLE WASH
Any building or premises, or portion thereof, the use of
which is devoted to the business of washing motor vehicles for a fee,
whether by automated cleaning devices or otherwise.
MOTOR VEHICLE WRECKING
The dismantling or disassembling of motor vehicles or trailers,
or the storage, sale or dumping of dismantled, partially dismantled,
obsolete or wrecked vehicles or their parts.
MUNICIPAL ENGINEER
The designated engineer of the Code Enforcement of Cohoes
or a position assigned with similar duties.
MURAL
A hand-produced work of visual art which is tiled or painted
by hand directly upon or affixed directly to an exterior wall of a
building.
NATURAL PRODUCT EXTRACTION
The process of removing natural materials, limited to the
mining of stone, gravels, sand, clay, topsoil, and other consolidated
and unconsolidated earth materials, either occurring at the surface
or at depth.
NATURE PRESERVE
An area designated for the preservation of unique or locally
significant natural resources for the purposes of protection and public
education.
NEIGHBORHOOD
A residential development, or mixed-use development where
the primary use is residential housing.
NIGHTCLUB
An establishment where alcoholic beverages may be sold and
consumed on the premises and where live entertainment and/or centrally
controlled recorded performances take place and which may contain
a stage, staging area and/or dance floor; this does not include the
operation of a cultural use facility or museum. Background music,
clearly incidental to the primary use, shall not be considered as
a form of entertainment. A nightclub does not include live dancing
of undressed or semi-dressed persons.
NONALCOHOLIC DANCE CLUB
An establishment where no alcohol is served or consumed on
the premises and where live entertainment and/or centrally controlled
recorded performances take place and which may contain a stage, staging
area and/or dance floor; this does not include the operation of a
cultural use facility or museum. Background music, clearly incidental
to the primary use, shall not be considered as a form of entertainment.
A nonalcoholic dance club does not include live dancing of undressed
or semi-dressed persons.
NONCONFORMING BUILDING
A lawfully preexisting building which in its design or location
does not conform to the regulations of this chapter for the district
in which it is located.
NONCONFORMING LOT
A lot of record lawfully existing at the date of adoption
of this chapter or any amendment thereto which does not have the minimum
width or depth, or contain the minimum area for the district in which
it is located.
NONCONFORMING SIGN
Any lawfully preexisting sign that does not meet the requirements
of this chapter.
NONCONFORMING USE
Any use of any building, structure or land lawfully existing
at the date of adoption of this chapter or any amendment thereto which
does not conform to the use regulations of the district in which it
is situated.
NURSING HOME
A residential facility which provides skilled medical care
for persons with chronic illness or disability, particularly but not
limited to elderly people who have mobility and eating problems.
OFFICE BUILDING
A building that is divided into offices, either single or
suites, for the transaction of business other than for mercantile
or manufacturing purposes where merchandise is on display and offered
for sale. Offices used for a professional business, in part or in
whole, will be classed as an office building.
OPEN SPACE and USABLE OPEN SPACE
An area or areas of a lot, including required yards, which
are:
A.
Open and unobstructed from ground to sky, except by facilities
specifically designed, arranged and intended for use in conjunction
with passive or active outdoor recreation or relaxation.
B.
Landscaped, maintained or otherwise treated to create a setting
appropriate to recreation or relaxation.
C.
Accessible and usable by the general public, business patrons
or residents of all dwellings or stores they are intended or required
to serve.
OUTDOOR RECREATION
Activity-based facility that includes golf courses, golf
driving ranges, golf pitch and putt courses; recreation courts; open
space; playing fields; swimming pools; bike trails; hiking trails;
and similar facilities for outdoor recreation.
OVERLAY ZONE
An additional layer of regulations related to a specific
environmental or historical constraint such as floodplain boundaries,
historic landmarks, historic structures, or wetlands that supersedes
the restrictions of the underlying zoning district.
PARK
An area of land, usually in a largely natural state, for
the enjoyment of the public, having facilities for rest and recreation.
The area may include but shall not be limited to walkways, benches,
open fields, multi-use courts, swimming and wading pools, amphitheaters,
etc. The term "park" shall not include zoos, travel trailer parks,
amusement parks, or vehicle, equestrian, or dog racing facilities.
PARKING AREA OR LOT
Any place, lot, parcel, or yard used in whole or in part
for storing or parking four or more motor vehicles under the provisions
of this chapter.
PARKING GARAGE
A garage, in which licensed motor vehicles used for personal
conveyance or conveyance of passengers are parked.
PARKWAY
A narrow strip of open space surrounded by streets on all
sides and generally intended for use in a smaller neighborhood.
PERFORMANCE BOND
A financial tool used to guarantee that in the event of a
developer's or contractor's default, funds are available to finish
the construction of a site improvement or infrastructure installation
and ensure its proper functioning.
PERSON
Any individual, association, organization, partnership, firm,
corporation or other entity recognized by law and acting as either
the owner or as the owner's agent.
PLACE OF WORSHIP
A building, together with its accessory buildings and uses,
where persons regularly assemble for religious worship and which building,
together with its accessory buildings and uses, is maintained and
controlled by a religious body organized to sustain public worship.
PLANNED DEVELOPMENT DISTRICT (PDD)
A floating zone pursuant to the review and approval procedures
set forth in this chapter which allows for flexible, well-planned
developments that are intended to incorporate a mixture of compatible
uses beneficial to the City of Cohoes.
PLANNING BOARD
The officially established Planning Board of the City of
Cohoes.
PLAT
A map, drawing, or rendering of a subdivision that usually
contains narrative elements.
PLAYHOUSE
A structure designed for the use of children and may include
outdoor miniature houses, swing sets, slides, etc.
PRELIMINARY PLAT OR PLAN
A drawing or drawings, clearly marked "preliminary plat" or "preliminary plan," showing the significant features of a proposed subdivision, as specified in §
285-119 of this chapter, submitted to the Planning Board for the purposes of consideration prior to submission of the plat in final form and of sufficient detail to apprise the Planning Board of the layout of the proposed subdivision.
PREMISES
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
PRINCIPAL BUILDING
A building in which the primary use of the lot is conducted,
as determined by the Zoning Officer. In zone districts where more
than one principal use is permitted on a lot, there may be more than
one principal building on the lot.
PROFESSIONAL OFFICE
Premises where professional services are provided by medical
practitioners, attorneys, architects, engineers, photographers, brokers,
or other providers of business or personal services.
PROTECTED USE
For the purpose of measuring separation from sexually oriented
businesses, "protected uses" shall include public and private schools,
places of worship, day-care centers and public uses.
PUBLIC USES
Any one or more of the following uses, including grounds
and accessory buildings necessary for their use:
A.
Places of worship, cemeteries, parish houses and convents.
B.
Public parks, playgrounds and recreational areas when authorized
or operated by governmental authority.
C.
Nursery schools, elementary schools, high schools, colleges
or universities having curriculum approved by the Board of Regents
of the State of New York.
D.
Public libraries and museums.
E.
Nonprofit fire, ambulance and public safety buildings.
PUBLIC UTILITIES
Any facility or related equipment, including but not limited
to all lines, pipes, transformers, poles, etc., performing an essential
public service and subject to special governmental regulation. Nonessential
components of public utility operations, such as general storage and
maintenance facilities, are excluded from this definition.
PUBLIC WAY
All areas legally open to public use, such as public streets,
sidewalks, roadways, highways, parkways, alleys, and parks, as well
as the interior and areas surrounding public buildings.
PUSHCART
A cart or barrow, manually propelled, used to vend food intended
for individual portion service.
QUARRY, SAND PIT, GRAVEL PIT, TOPSOIL STRIPPING
A lot or land or part thereof used for the purpose of extracting
stone, sand, gravel or topsoil for sale as an industrial operation
and exclusive of the process of grading preparatory to the construction
of a building or highway construction.
RECREATION, INDOOR COMMERCIAL
Business primarily devoted to the amusement of the general
public , such as theaters, bowling alleys, indoor amusement arcades
and health clubs. Incidental food service is also included.
RECREATIONAL AREA
A space designed and used for active and passive participatory
athletic and general recreation activities.
REGULATORY FLOODWAY
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height as determined by the Federal Emergency Management Agency in a flood insurance study or by other agencies as provided in §
285-45D of this chapter.
RESIDENTIAL CARE FACILITY
A community-based residence under public, voluntary, nonprofit
or proprietary sponsorship which provides residential services and
twenty-four-hour supervision to four or more persons. Such a facility
is operated by sponsor-approved staff.
RESTAURANT
Any establishment, however designated, at which food is sold
for consumption on the premises to patrons seated within an enclosed
building or elsewhere on the premises. A snack bar or refreshment
stand at a public, semipublic or community swimming pool, playground,
playfield or park, or an approved vendor operating the recreational
facilities for the convenience of the patrons of the facility, shall
not be deemed to be a restaurant.
RETAIL
The sale of goods, articles or consumer services individually
or in small quantities directly to the consumer.
RIGHT-OF-WAY
A strip of land, either public or private, occupied or intended
to be occupied by a street, sidewalk, trail, railroad, electrical
transmission line, oil or gas pipeline, water main, sanitary or storm
sewer or other similar use.
ROCK AND STONE CRUSHING AND MIXING PLANTS
A concrete plant, also known as a "batch plant" or" batching
plant" or a "concrete batching plant," that combines various ingredients
to form concrete. Some of these inputs include water, sand, aggregate
(rocks, gravel, etc.), fly ash, silica fume, slag, and cement.
SCREEN
A method of reducing the impact of noise, glare and unsightly
visual intrusions with less offensive or more harmonious elements,
such as plants, berms, fences, walls or any appropriate combination
thereof.
SENIOR HOUSING
A building or a portion thereof containing dwelling unit(s)
as defined herein and designated for older persons, as defined in
the Federal Fair Housing Act.
SENSITIVE AREAS
Areas that include features such as steep slopes and unique
habitat.
SERVICE USE
Uses which provide skilled professional labor to consumers,
including insurance offices, restaurants, financial services, business-to-business
consulting, and other similar services.
SETBACK
The distance of a structure or other feature (such as a well
or septic system) from the property line or other feature.
A.
SETBACK, MINIMUM FRONTThe least required horizontal distance between the front lot line and the principal building measured at the shortest point. On waterfront lots which border water on one or more lot lines, the lot line on the road front is considered the principal front lot line.
B.
SETBACK, MINIMUM REARThe least required horizontal distance between the rear lot line and the principal building measured at the closest point.
C.
SETBACK, MINIMUM SIDEThe least required horizontal distance between the side lot line and the principal building measured at the closest point.
SHADE TREE
Usually a large deciduous tree (rarely, evergreen) planted
for its high crown of foliage or overhead canopy.
SHOPPING CENTER
A grouping of retail and service uses providing a wide range
of such uses, including apparel and/or home furnishings.
SHRUB
A woody plant, smaller than a tree, consisting of several
stems from the ground or small branches near the ground; may be deciduous
or evergreen.
SIGN
Any material, structure or device, or part thereof, composed
of lettered or pictorial matter which is located out-of-doors or on
the exterior of any building or indoors as a window sign, displaying
an advertisement, announcement, notice or name, and shall include
any declaration, demonstration, display, representation, illustration
or insignia used to advertise or promote the interest of any person
or business or cause when such is placed in view of the general public.
A.
FRAME SIGN— A sign made of wood, cardboard, plastic, or other lightweight and rigid material having the capability to stand on its own support(s) and being portable and movable. A portable sign with two or more steeply angled sides.
B.
AWNING AND/OR CANOPY SIGNAny sign that is a part of or attached to an awning, canopy or other fabric, plastic or structural protective cover over a door, entrance, window or outdoor service area. A marquee is not a canopy.
C.
BANNERAny sign of lightweight fabric or similar material that is permanently mounted to a pole or a building by a permanent frame at one or more edges.
D.
BILLBOARDA surface whereon advertising matter is set in view conspicuously and which advertising does not apply to premises or any uses of premises whereon it is displayed or posted.
E.
BUILDING DIRECTORY SIGNA sign listing the tenants or occupants of a building or group of buildings and that may indicate their respective professions or business activities.
F.
BULLETIN BOARDA sign or portion thereof with character, letters or illustrations that can be changed or rearranged without altering the face or the surface of the sign. Bulletin board signs are used to display announcements pertaining to an on-site church, school, community center, park, hospital or institutional building.
G.
DIRECTIONAL SIGNAny sign limited to directional messages, principally for pedestrian or vehicular traffic, such as "one-way," "entrance" and "exit."
H.
FREESTANDING SIGNAny sign not attached to or part of any building, but separate and permanently affixed by any other means, in or upon the ground. Included are pole signs, pylon signs and masonry wall-type signs.
I.
HANGING SIGNAny sign, other than a wall sign, that is attached to and projects from the wall or face of a building or structure.
K.
ILLUMINATED (INDIRECTLY) SIGNA sign illuminated with a light so shielded that no direct rays therefrom are visible elsewhere on the lot where said illumination occurs.
M.
POLE SIGNA sign that is mounted on a freestanding pole or other supports.
M.1.
POLITICAL SIGNA nonpermanent, nonilluminated, nonfluorescent sign that supports or opposes any candidate(s) for public office or advocates a position on an upcoming ballot proposition or referendum.
[Added 5-14-2019 by Ord.
No. 2-2019]
N.
PORTABLE SIGNA sign, whether on its own trailer, wheels or otherwise designed to be mobile and not structurally attached to the ground, a building, a structure or another sign.
P.
VEHICLE SIGNSigns displayed on licensed and registered motor vehicles which are used in conjunction with a business.
Q.
WALL SIGNA sign attached to and erected parallel to the face of a building and supported throughout its length by such building.
R.
WINDOW SIGNA sign visible from a sidewalk, street or other public place, painted or affixed on glass or other window material or located inside within four feet of the window, but not including graphics in connection with customary window display of products.
S.
WINDOW SIGN, TEMPORARYA window sign not permanently affixed that does not identify the tenant, occupant or establishment and is limited to a maximum use of 120 days.
SIGN AREA
The area defined by the frame or edge of a sign. Where there
is no geometric frame or edge of the sign, the area shall be defined
by a projected, enclosed, four-sided (straight sides) geometric shape
which most closely outlines said sign.
SIGN PERMIT
No sign shall be hereafter erected, placed or maintained at any place in the City of Cohoes except as provided Article
XI and only after a permit therefor has been obtained in compliance with the provisions of Article
XI, unless stated otherwise.
SPECIAL USE PERMIT
A permit provided by the Planning Board for a use requiring review, or for uses that are not permitted expressly in a district but are listed as requiring a special use permit as provided for in §
285-8C.
STABLE, COMMERCIAL
Premises on which two or more horses not the property of
the proprietor are boarded, or on which horses are maintained commercially
for hire, exhibition, or sale.
STABLE, PRIVATE
Premises on which is maintained not more than one horse not
the property of the proprietor, and including horses of the proprietor
not maintained for commercial purposes; is accessory to a farm or
dwelling.
STAND
Any newsstand, table, bench, booth, rack, handcart, pushcart
or any other fixture or device which is not required to be licensed
and registered by the Department of Motor Vehicles and is used for
the display, storage or transportation of articles offered for sale
by a vendor.
STORY
That portion of a building between the surface of any floor
and the surface of the floor next above, and any portion of a building
used for human occupancy between the topmost floor and the roof. For
purposes of height measurement, in determining the permissible number
of stories, a basement or cellar shall not be counted.
STORY, HALF
A story with at least two opposite exterior sides meeting
a sloping roof not more than two feet above the floor of such story.
STREET
A public or private thoroughfare which affords the principal
means of access to abutting property. Includes streets, roads, avenues,
lanes or other trafficways, between right-of-way lines.
STREET FURNITURE
Those features associated with a street that are intended
to enhance that street's physical character and use by pedestrians,
such as benches, trash receptacles, kiosks, lights, newspaper racks,
etc.
STREET LINE
That line determining the limit of the highway right-of-way
or the public street, either existing or contemplated.
STREET PAVEMENT
The wearing or exposed surface of the roadway used by vehicular
traffic.
STREET WIDTH
The width of the right-of-way, measured at right angles to
the center line of the street.
STREETSCAPE
The visual image of a street, including combination of buildings,
parking, signs, and other hardscape and street furniture.
STRINGCOURSE
A horizontal band (such as bricks) in a building forming
a part of the design.
STRUCTURAL ALTERATIONS
Any change in the supporting members of a building or structure,
such as bearing walls, columns, beams or girders.
STRUCTURE
Anything constructed or erected, the use of which requires
location on the ground, or attachment to something having location
on the ground.
STRUCTURE, MIXED-USE
A structure which contains multiple uses, such as retail,
office, commercial, or residential.
SUBDIVIDER
Any person, firm, corporation, partnership or association
who or which shall lay out any subdivision or part thereof as defined
herein, either personally or on behalf of ownership, lessee or building
development, and shall include resubdivision.
SUBDIVISION
The legal division of any tract of land into two or more
lots, plots, sites or other divisions of land for any purpose, whether
immediate or future, of transfer of ownership, lease or building development,
and shall include resubdivision.
SUBDIVISION PLAT or FINAL PLAT
A drawing, in final form, showing a proposed subdivision,
containing all information or details required by law and by these
regulations to be presented to the Planning Board for approval and
which, if approved, may be duly filed or recorded by the applicant
in the office of the County Clerk.
SURVEYOR
A person licensed as a land surveyor by the State of New
York.
SWIMMING POOL, PRIVATE
A swimming pool operated as an accessory use to a residential
dwelling unit or units located on an individual residential lot.
SWIMMING POOL, PUBLIC
A publicly or privately owned pool open to the general public
or on a membership basis and having appropriate dressing room facilities,
recreation facilities and off-street parking area.
TAILOR
A business that makes or alters fitted clothes such as suits,
pants, and jackets to fit individual customers.
TELECOMMUNICATIONS TOWER OR TOWERS
A structure on which transmitting and/or receiving antenna(s)
are located. It includes, without limit, freestanding towers, guyed
towers, monopoles and other similar structures.
TEMPORARY OUTSIDE SALES
Selling of retail items outdoors for a limited amount of
time for events such as sidewalk sales, open markets, art displays,
and festivals.
TEMPORARY STORAGE CONTAINER
Any portable container, receptacle, or device of a type commonly
used for the temporary storage of personal property or other materials,
not used incident to renovation and/or construction projects as referenced
in this chapter and greater than eight feet long, seven feet wide
and seven feet tall or 400 cubic feet.
TEMPORARY USE
Any activity conducted for a specific limited period of time
which may not otherwise be permitted by the provisions of this chapter.
Examples of such uses are buildings incidental to new construction
which are removed after the completion of the construction work.
TENANT
An occupant who temporarily holds or occupies land, a building
or other property owned by another.
TOOL OR STORAGE SHED
An enclosed building, 200 square feet or less, constructed
on a permanent foundation, used for storage of domestic supplies and
noncommercial equipment. Tool or storage sheds are not intended for
habitation.
TRAVEL TRAILER
A vehicular portable structure designed as a temporary dwelling
for travel, recreational and vacation uses and not for year-round
living.
USE
The specific purposes for which land or a building is designed,
arranged or intended or for which it is or may be occupied or maintained.
USE, ACCESSORY
A use clearly incidental and subordinate to the principal
use whether located in a principal or accessory building and located
on the same lot therewith. In no case shall such accessory use dominate,
in area, extent or purpose, the principal lawful use or building.
USE, PRINCIPAL
The main use for which a building or lot is used or intended
to be used.
VARIANCE, AREA
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.
VARIANCE, USE
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.
VENDOR
Any individual, including an employee or agent of a group
of individuals, partnership or corporation, who sells or offers to
sell food, beverages, goods or merchandise on any public way from
a pushcart, stand, motor vehicle, or from his or her person.
WAREHOUSE
A building designed or used for the storage of commodities.
WATERCRAFT
Vehicles both motorized and person-powered which are used
for mobility on the water, including but not limited to motorboats,
canoes, and kayaks.
WHOLESALE
The buying or selling or arranging for sale of goods or commodities,
usually in bulk, for purchasers other than individual customers, to
include offices, freight distribution centers, large storage facilities
and the use of delivery trucks in the routine operation of the business.
WINDOW AREA
The total area of any single windowpane or series of windowpanes
separated by mullions.
YARD, FRONT
An open space extending the full width of the lot between
the front lot line and the principal building, unoccupied and unobstructed
by any buildings or structures from the ground upward.
YARD, REAR
An open space extending the full width of the lot between the rear lot line and the required minimum rear setback, unoccupied and unobstructed by any buildings or structures from the ground upward, except those permitted by §
285-47.
YARD, SIDE
An open space extending from the front yard to the rear yard between the side lot line and the required minimum side setback, unoccupied and unobstructed by any buildings or structures from the ground upward, except those permitted by §
285-47.
ZONING BOARD
The officially established Zoning Board of Appeals of the
City of Cohoes.
ZONING CONFIRMATION LETTER
A writing issued by the Zoning Officer, pursuant to §
285-8G, which verifies that a parcel of land is being used in a lawful manner with respect to the provisions of this chapter or that the conforming use is a legal nonconforming use that predates the current Zoning Code for the City. The letter is typically requested by lenders, title companies, attorneys and/or prospective purchasers of property.
ZONING DISTRICT
The classification of lands as established in this chapter.
ZONING OFFICER
The appointed officer designated by the City of Cohoes as
the officer responsible for enforcing and administering the requirements
of this ordinance.