Words used in the present tense include the future; the singular number includes the plural, and the plural number includes the singular; the word "lot" includes the word "plot," and the word "structure" includes the word "building." The term "occupied" or "used," as applied to any building or land, shall be construed to include "arranged," "designed," "constructed," "altered," "converted," "rented," "leased" or "intended to be used or occupied." The word "shall " is mandatory and not optional.
Unless otherwise expressly stated, the following terms shall, for the purposes of this chapter, have the meanings herein indicated:
- ACCESSORY APARTMENT
- A self-contained dwelling unit, having its own exterior or
interior entrance, which is subordinate to the principal use but on
the same lot.[Amended 9-13-2012 by L.L. No. 2-2012]
- ACCESSORY STRUCTURE OR USE
- A structure or use customarily incidental and subordinate to the principal building or use and located on the same lot with such principal building or use.
- The use of land for sound agricultural purposes, including
farming, dairy, horse boarding, pasturing, grazing, horticulture,
floriculture, viticulture, timber harvesting, animal and poultry husbandry,
and those practices necessary for the on-farm production, preparation,
and marketing of agricultural commodities. Agriculture does not include
dude ranches or similar operations.[Added 8-23-2007 by L.L. No. 4-2007]
- As applied to a building or structure, a change or rearrangement in the structural parts of a building or an enlargement, whether by extending on the front, rear or on a side, or by increasing the height, or the moving of such structure from one location or position to another.
- AREA AND BULK REGULATIONS
- The combination of controls which establish the minimum size of a lot and the maximum size of a building and its location on such lot.
- A story in a building, the structural ceiling level of which is four feet or more above the average finished grade and the floor level of which is below finished grade at any point on the periphery of the building.
- BILLBOARD (SIGN ADVERTISING)
- A sign or structure which directs attention to an idea, product, business activity, service or entertainment which is primarily conducted, sold or offered elsewhere than upon the premises on which such sign is located or to which it is affixed.
- BOARDING, LODGING OR ROOMING HOUSE
- A private dwelling in which at least two but not more than six rooms are offered for rent, whether or not table board is furnished to lodgers, and in which no transients are accommodated and no public restaurant is maintained.
- BUFFER ZONE
- A strip of land established to protect one type of land use from another with which it is incompatible.
- BUILDABLE AREA
- The space remaining on a lot after the minimum open space requirements (coverage, yards and setbacks) have been met.
- Any structure of more or less permanent construction which is permanently affixed to the land, wholly or partially enclosed within exterior walls and a roof affording shelter to persons, animals, property or business activity.
- BUILDING, ACCESSORY
- A building, such as a garage, garden or tool shed, barn or playhouse, which is detached from and subordinate to a principal building on the same lot and used for purposes customarily incidental to those of the main building.
- BUILDING COVERAGE
- The amount of land covered or permitted to be covered by a building or buildings, measured in terms of a percentage of the total lot area. Such coverage shall be measured on a horizontal plane at mean grade level and excludes uncovered porches, terraces and steps.
- BUILDING INSPECTOR
- That town employee appointed by the Town Board and charged
with the responsibility of administering and enforcing this chapter,
as well as the New York State Uniform Fire Prevention and Building
Code and related regulations.[Amended 10-12-1990 by L.L. No. 4-1990]
- BUILDING, PRINCIPAL
- A building in which is conducted the main or principal use of the lot on which said building is located.
- Any one or more of the following, other than a hospital, place of detention or school offering general instruction:
- (a) On a daily basis, for what is commonly known as a "day camp", where individuals leave such camp at the end of each daily session and return on a subsequent day; or
- (b) On a extended basis, such as a week or multiple of weeks, where individuals remain at such camp for the duration of a prescribed session, such as 4-H camps, Boy Scout/Girl Scout camps, sports camps, etc.
- Any space in a building, the structural ceiling of which is less than four feet above the average finished grade.
- CERTIFICATE OF OCCUPANCY
- Official certification that a premises conforms to the provisions of this chapter, the building code and other applicable regulations and may be used or occupied.
- CERTIFIED PROFESSIONAL IN EROSION AND SEDIMENT CONTROL (CPESC)
- A person who has received training and is certified by CPESC
to review, inspect and/or maintain erosion and sediment control practices.[Added 8-23-2007 by L.L. No. 4-2007]
- Any structure used for worship or religious instruction, including social and administrative rooms accessory thereto.
- Any activity that removes the vegetative surface cover.[Added 8-23-2007 by L.L. No. 4-2007]
- CLOTHING BINS
- For the collection of used clothing for charitable purposes.
- CLUB, COUNTRY
- A membership club customarily having golf course facilities. When a club goes public, eliminating membership requirement for use of the facility, it shall be required that such conversion be reviewed and approved as a site plan by the Town of Schodack.
- CLUB, MEMBERSHIP
- An organization catering exclusively to members and their guests, or premises and buildings for recreational or athletic purposes which are not conducted primarily for gain, provided that they are not conducting any vending stands, merchandising or commercial activities except as required generally for the membership and purposes of such club.
- CLUSTER DEVELOPMENT
- A development pattern in which uses are grouped or clustered through a density transfer within a particular development, rather than spread evenly throughout a parcel as in conventional lot-by-lot development.
- COMMENCEMENT OF CONSTRUCTION
- The initial disturbance of soils associated with clearing,
grading, or excavating activities, or other construction activities.[Added 8-23-2007 by L.L. No. 4-2007]
- COMPREHENSIVE PLAN
- A document or series of documents prepared by the Planning Board setting forth policies for the future growth and development of the town. Such plan may be officially adopted by the Town Board.
- CONVENIENCE FOOD STORE
- A facility of 4,000 square feet of gross floor area or less with any combination of the following primary characteristics: retail sale of food and beverages for consumption off-premises; sale of prepared foods, such as sandwiches, soups, ice cream, etc., for consumption on or off the premises, and may include indoor seating for such purposes; sale of gasoline or other fuel, oil or other lubricating substances or other motor vehicle accessories, and generally of a self-service type. Examples of such facilities include Stewart's Bread N' Butter Shops, Convenience Food Stores, 7-Eleven Stores and Cumberland Farms Stores.
- A change in use or occupancy of a building, generally by alteration or by other reorganization, as to increase the number of families or dwelling units in a structure.
- CORNER LOT
- A lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135°. The point of intersection of the street right-of-way lines is the "corner."
- CUSTOMARY HOME OCCUPATION
- A professional or business use accessory to the principal use of the lot for dwelling purposes.
- The ratio of lot area per family or dwelling unit on a lot.
- DESIGN MANUAL
- The New York State Stormwater Management Design Manual, most
recent version including applicable updates, which serves as the official
guide for stormwater management principles, methods and practices.[Added 8-23-2007 by L.L. No. 4-2007]
- The establishment of a use on a lot or in relation to a structure, or the erecting or structural alteration of a structure.
- An area, section or zone of the town within which uniform requirements regulate the use of land and the height, bulk, density and setback of structures.
- DRIVE-IN ESTABLISHMENT
- Premises constructed to cater to the motoring public, whether or not serving pedestrians as well as automobile trade, and used for the sale to the public of any product and providing curb or window service.
- A private access route directly serving a parking area or serving parking spaces not directly serving more than two dwelling units and not providing a route for through traffic.
- A lot or land used primarily for the disposal by abandonment, burial, burning or any other means and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof or waste material of any kind.
- A building designed or used principally as the living quarters for one or more families.
- DWELLING, MULTIPLE
- A detached, semidetached or attached building or portion thereof containing three or more dwelling units.
- DWELLING, ONE-FAMILY
- A detached building containing one dwelling unit only.
- DWELLING, ROW OR ATTACHED
- A one-family dwelling with party walls separating it from adjacent units on both sides.
- DWELLING, TWO-FAMILY
- A detached or semidetached building containing two dwelling units only.
- DWELLING UNIT
- A building or entirely self-contained portion thereof containing complete housekeeping facilities for only one family, including any domestic servants employed on the premises and having no enclosed space (other than vestibules, entrance or other hallways or porches) or cooking or sanitary facilities in common with any other "dwelling unit." A boardinghouse, dormitory, motel, inn, nursing home or other similar building shall not be deemed a "dwelling unit."
- The wearing away of the land surface by action of wind, water,
gravity, or other natural forces.[Added 8-23-2007 by L.L. No. 4-2007]
- EROSION AND SEDIMENT CONTROL PLAN
- A set of plans prepared by or under the direction of a licensed/certified
professional indicating the specific measures and sequencing to be
used to control sediment and erosion on a development site during
and after construction.[Added 8-23-2007 by L.L. No. 4-2007]
- EROSION CONTROL MANUAL
- The most recent version of the New York Standards and Specifications
for Erosion and Sediment Control manual, commonly known as the "Blue
Book."[Added 8-23-2007 by L.L. No. 4-2007]
- One or more than one person occupying a dwelling unit and living as a single nonprofit housekeeping unit with not more than four roomers, boarders or lodgers, "A roomer, lodger or boarder residing with a family" shall mean a person or group of persons residing within a household, not related by blood, marriage or adoption to the nonprofit housekeeping unit who pay a valuable consideration for such residence and who do not occupy such space within the household as an incident of employment therein.
- Any parcel of land containing at least 10 acres which is used for gain in raising of agricultural products, horticultural products, livestock, poultry and dairy products. It includes necessary farm structures within the prescribed limits and the storage of equipment used. It excludes the raising of fur-bearing animals, riding academies, livery or boarding stables and dog kennels.
- FARM MARKET
- A permanent year-round structure for the purpose of the sale of farm produce and agricultural products grown primarily on the farm.
- An unroofed, enclosing structure erected for the purpose of preventing passage or view.
- FINISHED GRADE
- The elevation at which the finished surface of the surrounding lot intersects the walls or supports of a building or other structure. If the line of intersection is not reasonably horizontal, the "finished grade," in computing height of buildings and other structures or for other purposes, shall be the average elevation around the periphery of the building, except that this average shall not exceed 1/2 of the floor-to-ceiling height.
- FLAG LOT
- A lot in a flag shape composed of a strip of land referred
to as the flag access road, which road shall not be less than a certain
minimum width throughout, used for access from a public street, leading
to a larger generally rectangular building area, and to be used for
development as permitted pursuant to this chapter.[Added 5-28-1992 by L.L. No. 3-1992]
- FLOOD, ONE-HUNDRED-YEAR
- The highest level of flood that, on the average, is likely to occur once every 100 years [i.e., that has a 1% chance of occurring each year].
- FLOODPLAIN AREA WITH SPECIAL FLOOD HAZARDS
- The maximum area of the floodplain that, on the average, is likely to be flooded once every 100 years [i.e., that has a 1% chance of being flooded every year] and which is designated as an area of special flood hazard in accordance with Chapter 118, Flood Damage Prevention.[Amended 10-12-1990 by L.L. No. 4-1990]
- FLOODPLAIN or FLOOD-PRONE AREAS
- A land area adjoining a river, stream, watercourse or lake, which is likely to be flooded and which is designated as an area of special flood hazard in accordance with Chapter 118, Flood Damage Prevention.[Amended 10-12-1990 by L.L. No. 4-1990]
- FLOODPLAIN MANAGEMENT
- The operation of an overall program of corrective and preventive measures for reducing flood damage, flood control works and land use and control measures.
- Any combination of structural and nonstructural additions, changes or adjustments to properties and structures which reduce or eliminate flood damage to lands, water and sanitary facilities, structures and contents of buildings.
- FLOOD PROTECTION ELEVATION
- The one-hundred-year flood elevation plus one additional foot of elevation.
- FLOOR AREA
- The sum of the gross horizontal area of the floor or floors of a building as measured from the exterior faces of exterior walls or from the center line of walls separating two buildings. Floor space shared in common with other dwelling units or used for storage purposes or the operation and maintenance of the building shall not be included in computing "floor area."
- FLOOR AREA, LIVABLE
- The sum of the gross horizontal area of a dwelling unit measured from the exterior walls or from the center of a party wall, excluding roof, cellar and garage. "Livable floor area" shall include spaces such as utility rooms, bathrooms, closets, hallways and attic space having a clear height of at least six feet from the finished floor level to the pitch of the roof rafter, with a clear height of seven feet six inches from the finished floor level to the ceiling level over 50% of the area of such attic space.
- Commercial logging operations, clearing or destruction of forested or woodland areas, selective cutting or clearing for commercial or other purposes, clearing for agricultural or other prospective land uses and clearing or vegetation in reserved open space or resource protection areas; however, it shall not include clearing for single-family residence construction sites where such clearing shall be carried out as part of the building permit issuance procedure. All such other operations shall be subject to and carried out in conformance with New York State Department of Environmental Conservation Timber Harvesting Guidelines for New York.
- Includes but is not limited to domesticated birds such as chickens, ducks, geese, turkeys and pheasants raised in confinement.
- That side of the lot nearest the street. A corner lot shall be considered to have two such "frontages."
- GAMES and AMUSEMENT DEVICES
- Any electric, mechanical, computerized, electronic or other device, machine or implement which is either designed and intended or used, operated or maintained as a game, amusement or means of entertainment, including but not limited to the following: pinball machines, shooting galleries, computerized games, electronic games, skillboards, billiard or pool tables, electronic bowling or shuffleboard tables, bowling alleys and casino-type games or bagatelle, or any other similar games of skill or chance. Also included within the definition are coin-operated mechanical or electronic musical devices which are commonly referred to as "jukeboxes."
- GAMES ARCADE
- Any lot, premises, facility, building or structure, open to the public, in which three or more bowling alleys electronic or mechanical games or amusements, billiard or pool tables or any other games or amusement devices of any kind as such terms are defined herein, or any combination of three or more such games or devices as aforesaid, are operated, used or maintained as a principal business where a fee is charged, either directly or by membership, ticket or other indirect fees, either for admission to any such place or premises or for access to or use of any such games or amusement devices as aforesaid.
- GARAGE, PRIVATE
- An enclosed space for the storage of one or more vehicles, provided that no business, occupation or service is conducted for profit therein nor space therein for more than one car is leased to a nonresident of the premises.
- GARAGE, PUBLIC
- Any garage other than a private garage, available to the public, operated for gain, and which is used for storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles.
- GASOLINE FILLING STATION
- An area of land, including structures thereon, or any building or part thereof that is used primarily for the sale and direct delivery to the motor vehicle of gasoline or any other motor vehicle fuel or oil and other lubricating, washing (which does not require mechanical equipment) or otherwise servicing of motor vehicles, but not including auto body work, welding or painting.
- GRADE, FINISHED
- The completed surfaces of lawns, walks and streets brought to grades as shown on site plans or designs relating to.
- Excavation of fill, rock, gravel, sand, soil or other natural
material, including the resulting conditions therefrom.[Added 8-23-2007 by L.L. No. 4-2007]
- HEIGHT, BUILDING
- The vertical distance measured from the mean elevation of the finished grade along the side of the building with the lowest finished grade to the highest point on the coping of a flat roof, to the deck line of mansard roofs and the average height between eaves and ridge for gable, hip and gambrel roofs, but not including chimneys, spires, towers, elevators, penthouses, tanks and similar projections.
- HOME OCCUPATION
- A profession or other occupation customarily conducted within a dwelling by one or more members of the family residing there in and clearly incidental to the principal use of the lot for residential purposes. In particular, a "home occupation" includes, but is not limited to, art studios; dressmaking; teaching, with musical or dancing instruction limited to a single pupil at a time; offices of a clergyman, lawyer, landscape architect, physician, dentist, architect, engineer, optician, realtor, accountant, plumbing and electrical contractors; barbershops, beauty parlors or similar uses; but shall not include animal hospitals or dog kennels, automotive repair service, restaurants, clinics or hospitals, or similar uses.
- HOMEOWNERS' ASSOCIATION
- An organization of homeowners residing within a particular development whose major purpose is to preserve, maintain and provide community area facilities and services for the common enjoyment of the residents.
- A building containing beds for four or more patients and used for the diagnosis, treatment or other care of ailments and shall be deemed to be limited to places for the diagnosis treatment or other care of human ailments.
- A building or any part thereof which contains living and sleeping accommodations for transient occupancy and has a common exterior entrance or entrances.
- IMPERVIOUS SURFACE
- Any material which prevents, impedes, or slows infiltration
or absorption of stormwater directly into the ground at the rate of
absorption of vegetation-bearing soils, including building, asphalt,
concrete, gravel, and other surfaces.[Added 5-14-2015 by L.L. No. 1-2015]
- An area of land with or without buildings used for or occupied by a deposit, collection or storage, outside a completely enclosed building, of used or discarded materials such as waste paper, rags or scrap material, used building materials, house furnishings, machinery or parts thereof with or without dismantling, processing, salvage, sale or other use or disposition of the same.
- JUNKYARD, MOTOR VEHICLE
- An area of land with or without buildings used for or occupied by a deposit, collection or storage, outside a completely enclosed building, of used of discarded motor vehicles or parts thereof, with or without the dismantling, wrecking, salvage, sale or other use or disposition of the same. A deposit, collection or storage on a lot of two or more motor vehicles or parts thereof no longer in condition for legal use on the public highways for one week or more in a residential district or for three weeks or more in any nonresidential district shall constitute a "motor vehicle junkyard."
- Any place at which there are kept four or more dogs more than four months of age or any number of dogs that are kept for the primary purpose of sale or for the boarding, care or breeding for which a fee is charged or paid.
- LAND DEVELOPMENT ACTIVITY
- Construction activity including clearing, grading, excavating,
soil disturbance, or placement of fill resulting in land disturbance
of equal to or greater than one acre. Also includes activities disturbing
less than one acre of total land area that are part of a larger common
plan of development or sale, even though multiple separate and distinct
land development activities may take place at different times on different
schedules.[Added 8-23-2007 by L.L. No. 4-2007]
- LICENSED/CERTIFIED PROFESSIONAL
- A person currently licensed to practice engineering or landscape
architecture in New York State or is a certified professional in erosion
and sediment control (CPESC).[Added 8-23-2007 by L.L. No. 4-2007]
- Animals, including but not limited to domestic animals such as sheep, horses, cattle and goats.
- A parcel of land having defined boundaries and considered as a unit, devoted to a specific use or occupied by a structure or group of structures that are united by a common interest, use or ownership, and including customary accessory structures, uses, open spaces and yards.
- LOT AREA
- The total area of a lot computed by multiplying the average distance between side lot lines measured along the street line and the rear lot line by the average distance between the street line and the rear lot line measured along the side lot lines.
- LOT DEPTH
- The horizontal distance from the street line of a lot to the rear lot line of such lot, measured in the general direction of the side lot lines.
- LOT FRONTAGE
- That portion of a lot which directly abuts the right-of-way line of a dedicated Town, county or New York State highway.
- LOT OF RECORD
- A legally existing lot at the time of initial adoption of this chapter, duly filed and recorded in the Rensselaer County Clerk's office as either an individual parcel of land or part of an approved subdivision.
- LOT WIDTH
- The distance between side lot lines at the required minimum front yard depth measured along a line parallel to a line connecting the end points of the front lot line.
- MAJOR MODIFICATION OF PERSONAL WIRELESS TELECOMMUNICATIONS FACILITIES
- A modification of the height, silhouette and/or ground area
of any telecommunications tower or telecommunications accessory structure,
and/or the addition of telecommunications antennas of a new provider
to an existing tower.[Added 10-10-1996 by L.L. No. 7-1996]
- Any process whereby the nature, size or shape of articles or raw materials are changed, or where articles are assembled or packaged in quantity.
- MARINA or BOAT BASIN
- Any premises containing one or more piers, wharves, docks, moorings, bulkheads, buildings, pumping facilities, slips, basins or land under water designed, used or intended to be used primarily for the docking or mooring of boats for compensation.
- Any excavation subject to permitting requirements of the
State Department of Environmental Conservation under the Mined Land
Reclamation Law (Environmental Conservation Law, Article 23, Title
27).[Added 8-23-2007 by L.L. No. 4-2007]
- MOBILE HOME
- A structure, transportable in one or more sections, which is more than eight feet in body width, is more than 40 feet in body length in the traveling mode or contains 440 or more square feet in interior space when erected on site, and which is built on a permanent chassis and designed be used as a dwelling with or without permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein.
- MOBILE HOME NEIGHBORHOOD
- A residential development intended to accommodate mobile homes, as defined herein, and including various facilities for the service of the residents.
- A building or group of buildings containing individual living and sleeping accommodations for hire, each of which is provided with a separate exterior entrance and a parking space and is offered for rental and use principally by motor vehicle travelers. The term "motel" includes, but is not limited to, every type of similar establishment known variously as an "auto court," "motor hotel," "motor court," "motor inn," "motor lodge," "tourist court," "tourist cabins" and "roadside hotel."
- MOTOR VEHICLE SERVICE, GAS SALES
- Any area of land, including structures thereon, that is used
for:[Added 11-25-2002 by L.L. No. 4-2002]
- (1) The sale of gasoline or any other motor vehicle fuel in bulk and oil and other lubricating substances, including the sale of motor vehicle accessories; and/or
- (2) The service or repair of motor vehicles, but not including the painting thereof by any means, any rebuilding, reconditioning or collision services involving frame or fender straightening or repair or any dismantling or disassembling of frame and exterior parts.
- NONCOMPLYING BUILDING OR USE
- An existing structure, lot or use permitted in the district
in which it is located, but which does not conform to the district
regulations for lot area, width or depth; front, side or rear yards;
maximum height; lot coverage; or minimum livable floor area per dwelling
unit after the enactment or amendment of this chapter.[Amended 10-12-1990 by L.L. No. 4-1990]
- NONCONFORMING BUILDING, LOT OR STRUCTURE
- A building, lot or structure, the size, dimension or location
of which was lawful prior to the adoption or amendment of these zoning
provisions but which fails to conform to the requirements of the zoning
district in which it is located by reason of such adoption or amendment.[Added 10-12-1990 by L.L. No. 4-1990]
- NONCONFORMING USE
- A use which does not conform to the applicable use regulations
for the district in which said use is located after the enactment
or amendment of this chapter by reason of such enactment or amendment
and/or which did not conform to the applicable use regulations for
the district in which said use was located under the local law that
this chapter supersedes or amends. Any use in existence when this
chapter was enacted which was then a "nonconforming use" may continue
as a "nonconforming use" under the terms of this chapter. However,
any use in violation of the zoning regulations in effect prior to
the enactment of this chapter shall not be deemed to be a "nonconforming
use" if not deemed a "nonconforming use" under the local law superseded
by this chapter.[Amended 10-12-1990 by L.L. No. 4-1990]
- NOTICE OF INTENT (NOI)
- A permit application prepared and filed by an owner or operator
with the Department of Environmental Conservation as an affirmation
that a stormwater pollution prevention plan (SWPPP) has been prepared
and will be implemented in compliance with the State Pollution Discharge
Elimination System General Permit for Stormwater Runoff for Construction
Activity (GP-02-01).[Added 8-23-2007 by L.L. No. 4-2007]
- NURSERY SCHOOL
- Premises which operate on a regular basis to provide daytime care or instruction for five or more children children under six years of age. The term "nursery school" shall include kindergarten, day nursery, day-care center and family day care.
- NURSING HOME
- Premises which provide lodging, meals and continuing nursing care for compensation to convalescent or chronically ill persons. The term "nursing home" shall include convalescent home and rest home.
- OPEN AREA, REQUIRED
- That area of a lot which shall be properly maintained with a combination of natural, not artificial, lawn, trees, shrubs and other plant material.
- The person, persons, or legal entity which owns or leases
the property on which the construction activity is occurring.[Added 8-23-2007 by L.L. No. 4-2007]
- PARKING LOT
- Land which is open or semienclosed by structures and which is used to provide four or more off-street parking spaces.
- PARKING SPACE, OFF-STREET
- A space which is out of the public right-of-way and is available and adequate for the parking of one motor vehicle.
- PERIMETER CONTROL
- A barrier that prevents sediment from leaving a site by filtering
sediment-laden runoff or diverting it to a sediment trap or basin.[Added 8-23-2007 by L.L. No. 4-2007]
- PERMITTED USE
- A specific use to which land, lots, buildings or structures may be used, occupied or maintained under this chapter as a matter of right.
- PERSONAL WIRELESS TELECOMMUNICATIONS SERVICE FACILITY
- Persons, firms or corporations supplying personal wireless
telecommunications service, including all equipment, apparatus, facilities
and devices used in the supplying of personal wireless telecommunications
service.[Added 10-10-1996 by L.L. No. 7-1996]
- PERSONAL WIRELESS TELECOMMUNICATIONS SERVICES
- Commercial mobile services, unlicensed wireless services
and common carrier exchange access services.[Added 10-10-1996 by L.L. No. 7-1996]
- PERVIOUS SURFACE
- Area maintained in its natural condition, or that is covered
by a material that permits infiltration or percolation of water into
the ground.[Added 5-14-2015 by L.L. No. 1-2015]
- Clearing a parcel of land in distinct phases, with the stabilization
of each phase completed before the clearing of the next.[Added 8-23-2007 by L.L. No. 4-2007]
- PLANNED DEVELOPMENT
- A structure or group of structures designed to be maintained and operated as a unit in single ownership or control by an individual, partnership, corporation or cooperative and which has certain facilities in common such as yards, open space, recreation areas, garages and parking facilities.
- PLANNING BOARD
- The Planning Board of the Town of Schodack.
- A lot, together with all the structures and uses thereon.
- PRINCIPAL BUILDING OR USE
- The main or primary building or use on a lot.
- PROHIBITED USE
- Any use which is not listed as a permitted, special or accessory use in the Schedule of Use Regulations shall be considered a "prohibited use" under this chapter.
- PROJECT (MAJOR)
- Any land development activity that disturbs one acre or more,
including all commercial, industrial, or mixed-use development, as
well as any residential development consisting of buildings that contain
two or more dwelling units, or any land development activity not classified
as a minor project. (The operator of a major project must submit a
SWPPP that addresses water quality and quantity controls in addition
to erosion and sedimentation controls.)[Added 8-23-2007 by L.L. No. 4-2007]
- PROJECT (MINOR)
- Any land development activity associated with a permitted
agricultural use or single-family residential construction/subdivision
that disturbs between one and five acres and is not discharging stormwater
directly to a water body listed on New York State 2002 Section 303(d)
list of impaired water bodies. (The operator of a minor project must
submit a SWPPP that addresses, erosion and sedimentation controls.)[Added 8-23-2007 by L.L. No. 4-2007]
- PUBLIC WATER and PUBLIC SEWER
- Central sewage disposal and water supply systems approved by the Town Board for either public or private operation.
- QUALIFIED INSPECTOR
- A person who is knowledgeable in the principles and practices
of erosion and sediment control, such as a licensed professional engineer,
certified professional in erosion and sediment control (CPESC), licensed
landscape architect, or other individual(s) endorsed by the New York
State Department of Environmental Conservation (DEC). It also means
someone working under the direct supervision of the licensed professional
engineer or licensed landscape architect, provided that person has
training in the principles and practices of erosion and sediment control.
"Training in the principles and practices of erosion and sediment
control" means that an individual performing a site inspection has
received four hours of training endorsed by the DEC from a Soil and
Water Conservation District, CPESC, Inc. or other Department-endorsed
entity in proper erosion and sediment control principles. After receiving
the initial training, an individual working under the direct supervision
of the licensed processional engineer or licensed landscape architect
shall receive four hours of training every three years. Note: Inspections
of any post-construction stormwater management practices that include
structural components, such as a dam for an impoundment, shall be
performed by a licensed professional engineer.[Added 6-25-2009 by L.L. No. 1-2009]
- RESTAURANT, STANDARD
- An establishment whose principal business is the sale of food to customers in a ready-to-consume state and whose principal method of operation includes the following characteristics:
- ROADSIDE STANDS
- Temporary seasonal structures made up of two types, general roadside stand and limited roadside stand.
- SATELLITE ANTENNA
- Includes any parabolic dish, antenna or other devices or equipment of whatever nature or kind, the primary purpose of which is to receive television, radio, microwave or other electronic signals from space satellites.
- SCHEDULE OF USE REGULATIONS
- The controls which enumerate the permitted principal, permitted accessory and special uses within each of the districts established by this chapter.
- Solid material, both mineral and organic, which is in suspension,
is being transported, has been deposited, or has been removed from
its site of origin.[Added 8-23-2007 by L.L. No. 4-2007]
- SELECTIVE CUTTING
- The cutting of more than one-half of the existing living
trees measuring six-inch diameter at breast height (DBH) in an area
of one acre or more, over a period of two consecutive years.[Added 8-23-2007 by L.L. No. 4-2007]
- The minimum horizontal distance from the property line to any structure, roadway, parking area, accessory building or other such improvement, except necessary driveways.
- SHOPPING CENTER
- A tract of land with buildings or structures planned as a whole and intended for one or more establishments for retail, office or allied purposes on a site of 80,000 square feet or more.
- Any material, structure or device or part thereof, composed of lettered or pictorial matter, or logo or a representive three-dimensional structure which is located out of doors or on the exterior of any building, including illuminated window signs over two square feet in area located within three feet of the window surface and intended to be viewed from the exterior of the building, displaying an advertisement, announcement, notice or name, and includes sign frames, billboards, signboards, painted wall signs, hanging signs, illuminated signs, pennants, fluttering devices, projecting signs or ground signs, and shall also include any declaration, demonstration, display, illustration or insignia used to advertise or promote the interests of any person or business or cause when same is placed in view of the general public. However, a "sign" shall not include any display of official court or public office notices nor any official traffic control device, nor shall it include the flag, emblem or insignia of a nation, political unit, school or religious group.
- SIGN, ACCESSORY
- A sign which directs attention to a business or profession conducted or to a commodity, service or entertainment sold or offered upon the premises where the sign is located or to which it is affixed.
- SIGN, DIRECTLY ILLUMINATED
- Any sign designed to give forth any artificial light directly, or through any transparent or translucent material, from a source of light connected with such sign.
- SIGN, ILLUMINATED
- A sign illuminated by electricity, gas or other artificial light, either from the interior or exterior of the sign, and including reflective and phosphorescent light.
- SIGN, INDIRECTLY ILLUMINATED
- A sign illuminated with a light so shielded that no direct rays therefrom are visible elsewhere than on the plot where such illumination occurs. If such illumination is thus visible, such sign shall be deemed to be a directly illuminated sign.
- SIGN, NONACCESSORY
- A sign or structure, including but not restricted to billboards, which directs attention to an idea, product, business activity, service or entertainment which is primarily conducted, sold or offered elsewhere than upon the premises where such sign is located or to which it is affixed.
- SIGN, OBSOLETE
- A sign that advertises a nonexistent product, place or event.
- SIGN, SURFACE AREA OF
- The entire area within a single, contiguous perimeter enclosing the extreme limits of such sign and in no case passing through or between any adjacent elements of the same. However, such perimeter shall not include any structural or framing elements lying outside the limits of such sign and not forming an integral part of the display. Only one side of a double-faced sign shall be included as the "surface area" of such sign.
- A parcel of land or a contiguous combination thereof, where
grading work is performed as a single unified operation.[Added 8-23-2007 by L.L. No. 4-2007]
- SITE DEVELOPMENT PERMIT
- A permit issued by the municipality for the construction
or alteration of ground improvements and structures for the control
of erosion, runoff, and grading.[Added 8-23-2007 by L.L. No. 4-2007]
- SITE PLAN
- That map or drawing and related information submitted for review by the Planning Board in accordance with the requirements and procedure specified in Article XI of this chapter.
- SOLAR ENERGY EQUIPMENT AND SYSTEMS
- Solar collectors, controls, energy storage devices, and any
other materials, hardware or equipment necessary to the process by
which solar radiation is collected and converted into another form
of energy and is stored, protected from unnecessary dissipation and
distributed. Solar energy systems include solar thermal, photovoltaic
and concentrated solar.[Added 5-14-2015 by L.L. No. 1-2015]
- SLOPES (STEEP)
- Ground areas with a slope greater than 15% covering a minimum
horizontal area of 1/4 acre or 10,890 square feet and a minimum horizontal
dimension of 10 feet.[Added 8-23-2007 by L.L. No. 4-2007]
- SLOPES (SEVERE)
- Ground areas with a slope greater than 25% covering a minimum
horizontal area of 1/4 acre or 10,890 square feet and a minimum horizontal
dimension of 10 feet.[Added 8-23-2007 by L.L. No. 4-2007]
- SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM CONSTRUCTION ACTIVITY GP-02-01
- A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to developers of construction activities to
regulate disturbance of one or more acres of land.[Added 8-23-2007 by L.L. No. 4-2007]
- SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE STORMWATER SEWER SYSTEMS GP-02-02
- A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to municipalities to regulate discharges from
municipal separate storm sewers for compliance with EPA established
water quality standards and/or to specify stormwater control standards.[Added 8-23-2007 by L.L. No. 4-2007]
- SPECIAL USE
- A use which is deemed desirable for the public welfare within a given district or districts, but which is potentially incompatible with other uses provided therein. The use shall be therefore subject to approval by the Planning Board and to conditions set forth for such use as well as the other applicable provisions of this chapter.
- SPECIAL USE PERMIT
- That permit, issued by the Planning Board according to the requirements and procedure established by Article X of this chapter authorizing the commencement of a particular special use.
- Means covering or maintaining an existing cover or soil.
Cover can be vegetative (e.g., grass, trees, seed and mulch, shrubs,
or turf) or nonvegetative (e.g., geotextiles, riprap, or gabions).[Added 8-23-2007 by L.L. No. 4-2007]
- STABILIZATION (FINAL)
- Means that all soil-disturbing activities at the site have
been completed, and that a uniform perennial vegetative cover with
a density of 80% has been established or equivalent stabilization
measures (such as the use of mulches or geotextiles) have been employed
on all unpaved areas and areas not covered by permanent structures.[Added 8-23-2007 by L.L. No. 4-2007]
- START OF CONSTRUCTION
- The first land-disturbing activity associated with a development,
including land preparation such as clearing, grading, and filling.[Added 8-23-2007 by L.L. No. 4-2007]
- STORMWATER POLLUTION PREVENTION PLAN
- A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.[Added 8-23-2007 by L.L. No. 4-2007]
- That part of any building, exclusive of cellars but inclusive of basements, comprised between the levels of one finished floor and the level of the next highest finished floor, or if there is no higher finished floor, then that part of the building comprised between the level of the highest finished floor and the top of the roof beams.
- A public or private way which affords principal means of access to abutting properties.
- STREET LINE
- The dividing line between a lot and a street right-of-way.
- A static construction of materials, the use of which requires
a fixed location on the ground or attachment to an object having such
fixed location. Structures shall include, among others, buildings,
stadiums, sheds, storage bins, reviewing and display stands, platforms,
towers, billboards, and mobile dwellings.[Amended 1-27-2003 by L.L. No. 1-2003]
- SURFACE WATERS OF THE STATE OF NEW YORK
- Lakes, bays, sounds, ponds, impounding reservoirs, springs,
wells, rivers, streams, creeks, estuaries, marshes, inlets, canals,
the Atlantic Ocean within the territorial seas of the State of New
York and all other bodies of surface water, natural or artificial,
inland or coastal, fresh or salt, public or private (except those
private waters that do not combine or effect a junction with natural
surface or underground waters), which are wholly or partially within
or bordering the state or within its jurisdiction. Storm sewers and
waste treatment systems, including treatment ponds or lagoons which
also meet the criteria of this definition, are not waters of the state.
This exclusion applies only to man-made bodies of water which neither
were originally created in waters of the state (such as a disposal
area in wetlands) nor resulted from impoundment of waters of the state.[Added 8-23-2007 by L.L. No. 4-2007]
- SWIMMING POOL
- Any outdoor pool, tank, depression or excavation for the specific purpose of swimming that causes the retaining of water to a greater depth than 18 inches and having a surface of water greater than 100 square feet.
- TELECOMMUNICATIONS ACCESSORY STRUCTURE
- Accessory buildings and structures, including base stations,
designed and used to shelter telecommunications equipment and/or to
support personal wireless telecommunications facilities.[Added 10-10-1996 by L.L. No. 7-1996]
- TELECOMMUNICATIONS ANTENNA
- An antenna designed to transmit or receive communications
as authorized by the Federal Communications Commission (FCC). Design
examples of telecommunications antennae are described as follows:[Added 10-10-1996 by L.L. No. 7-1996]
- TELECOMMUNICATIONS TOWER
- A tower greater than 35 feet in height and which does not
exceed 300 feet in height (including antenna) and which supports communication
(transmission or receiving) equipment. The term "telecommunications
tower" shall not include amateur radio operators' equipment as licensed
by the FCC. Design examples of telecommunications towers are described
as follows:[Added 10-10-1996 by L.L. No. 7-1996]
- Includes any tower, pole, windmill, antenna or other structure, whether attached to a building, guyed or freestanding, designed to be used for the support of any device for the transmission and/or reception of radio frequency signals, including but not limited to broadcast, shortwave, citizen's band, FM, television or microwave, or any wind-driven devices, whether used for energy conversion or creation or not.
- TRAILER, CAMPING
- A folding structure, mounted on wheels and designed for travel recreation and vacation use.
- TRAILER, TRAVEL
- A vehicular, portable structure built on a chassis, designed as a temporary one-family dwelling for travel, recreation and vacation, having a body width not exceeding eight feet and a body length not exceeding 35 feet for what is commonly known as a "tow-behind travel trailer" or 40 feet for what is commonly known as a "fifth wheel travel trailer."
- TRAINED INDIVIDUAL
- An employee from a contracting (construction) firm that has
received four hours of training which has been endorsed by the DEC,
from a Soil and Water Conservation District, CPESC, Inc. or other
DEC-endorsed entity in proper erosion and sediment control principles.
After receiving the initial training, the trained individual shall
receive four hours of training every three years. This individual
will be responsible for implementation of the SWPPP.[Added 6-25-2009 by L.L. No. 1-2009]
- The specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained.
- VACATION RESORT
- Any area of land on which are located two or more cabins, cottages or a hotel or a group of buildings containing living and sleeping accommodations hired out for compensation, which has a public lobby serving the guests and may contain one or more dining rooms and recreational facilities of a design and character suitable for seasonal or more or less temporary living purposes.
- A modification of the use and/or area and bulk regulations of this chapter in an individual case where, due to specific facts and conditions peculiar to a particular property, literal application and strict enforcement would result in undue and unnecessary hardship or practical difficulty that would deprive the owner of a reasonable use of the land or structure. Such unnecessary hardship or practical difficulty shall not be construed to include mere inconvenience or a desire to make more money.
- 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 or 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.
- Any body of water, including but not limited to lakes, ponds,
rivers, streams, and intermittent streams.[Added 8-23-2007 by L.L. No. 4-2007]
- WATERCOURSE BUFFER
- A horizontal distance 50 feet away from and parallel to the
high water level of a watercourse.[Added 8-23-2007 by L.L. No. 4-2007]
- Those areas that are inundated or saturated by surface or
groundwater at a frequency or duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. Wetlands
include those areas determined to be wetlands by the U.S. Army Corps
of Engineers and the New York State Department of Environmental Conservation.[Added 8-23-2007 by L.L. No. 4-2007]
- A mill driven by blades turned by the wind.
- An open space on the same lot with a building or building group lying between the closest point of the front, rear or side wall of a building and the nearest lot line, unoccupied and fully open to the sky, except as otherwise provided by the specific provisions of this chapter.
- YARD, FRONT
- A yard extending across the principal street side of a lot measured between the side yard lines, the depth of which yard is the minimum horizontal distance between the street line and the main building.
- YARD, REAR
- A yard extending across the full width of a lot measured between the side lot lines and being the minimum horizontal distance between the rear lot line and the rear of the principal building.
- YARD, SIDE
- A yard between any lot line other than a street line or rear lot line, and a line drawn parallel thereto, and between the front and rear yards.
- ZONING MAP
- The map delineating the boundaries of the zoning districts which, along with the zoning text, comprises this chapter.
Editor's Note: The definition of "automobile service station," which immediately followed this definition, was repealed 11-25-2002 by L.L. No. 4-2002. See now the definition of "motor vehicle sales, gas sales."
Editor's Note: The Schedule of Use Regulations is included at the end of this chapter.
Editor's Note: The Zoning Map is on file in the office of the Town Clerk.