As used in this chapter:
A.
The masculine includes the feminine, the singular
includes the plural, and the present tense includes the future tense.
B.
The word "person" includes an individual, firm, copartnership
or corporation.
C.
The word "shall" is always mandatory. The word "may"
is permissive.
D.
The word "lot" includes the word "plot" or "parcel"
and is reciprocal.
E.
The word "used" or "occupied" as applied to any land
or building shall be construed to include the words "intended, arranged
or designed to be used or occupied."
F.
Any reference to a residence or residential district
shall be interpreted to mean any district with the word "residential"
in its title.
G.
A building or structure includes any part thereof.
As used in this chapter, the following terms
shall have the meanings indicated:
The voluntary, absolute relinquishment and/or giving up of
a known right to which one is entitled, with the intention of permanently
terminating or parting with such right. "Abandonment" depends upon
the concurrence of two elements or factors:
The intention to relinquish and permanently
give up a known right to continue a nonconforming use; and
The cessation of such nonconforming use, and
overt act or failure to act, implying that the owner intends to permanently
cease from putting the premises to the nonconforming use, or such
other nonconforming use as may be permitted by this chapter. Whenever
a nonconforming use of a structure has been discontinued for a period
of one year, such discontinuance shall constitute prima facie evidence
that such use has been abandoned.
A dwelling unit that has been added onto, or created within, a single-family house and having separate kitchen, bathing, and sleeping areas. See § 355-38 also.
A building detached from and subordinate to a principal building
on the same lot and used for purposes customarily incidental to those
of the main building.
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use
or building.
In addition to its other ordinary applications, any alteration
whereby a building or other structure is adapted to another or a different
use.
Any structure which is built or placed so as to be attached
to a building and have a common roof or wall with the building it
is attached to.
Any notice or advertisement, pictorial or otherwise, and
any structure used as, or for the support of, any such notice or advertisement,
for the purpose of making anything known about goods, services or
activities not on the same lot as said advertising structure. See
also "billboard."
The use of the land for agricultural purposes, including
farming, dairying, pasturage, agriculture, horticulture, floriculture,
viticulture, silviculture, apiaries and animal and poultry husbandry,
and the necessary accessory uses for storing produce; provided, however,
that the operation of any such accessory use shall be incidental to
that of normal agricultural activities, and provided, further, that
the above uses shall not include the operation of a feed lot or the
manufacturing or processing of agricultural products as a principal
use.
A public or private way not more than 30 feet wide affording
only secondary means of access to abutting property.
A variation or modification of a structure, without changing
its basic or essential character; also the movement of a structure
from one location to another.
An enclosed place where more than three electronic and/or
mechanical devices are located for use, for a charge, by the public
for amusement purposes.
A building arranged, intended or designed to be occupied
by three or more resident households living independently of each
other. "Apartment house" is a structural definition and applies irrespective
of how the individual dwelling units therein are offered for sale
(condominium) or rental. Each dwelling unit has a minimum of 800 square
feet of floor area. An apartment house and multiple or multiple-family
dwellings are the same type of structure.
[Amended 1-5-2010 by L.L. No. 1-2010]
A residence for the frail elderly that provides rooms, meals,
personal care, and supervision of self-administered medication. It
may provide other services such as recreational facilities, financial
services, and transportation.
That space of a building which is on and wholly or partly
within the roof framing. An attic with a finished floor shall be counted
as 1/2 story in determining the permissible number of stories.
Any building, premises, and land in which or upon which a
business, service, or industry involving the maintenance, servicing,
repair, or painting of vehicles is conducted and rendered.
An establishment that cuts up, compresses, or otherwise disposes
of motor vehicles.
A commercial establishment that primarily serves alcoholic
beverages to the public.
That portion of a building that is partly or completely below
grade. A basement shall be considered a story above grade where the
finished surface of the floor above the basement is:
[Amended 1-5-2010 by L.L. No. 1-2010]
An owner-occupied dwelling unit within which are provided
overnight accommodations for transient guests in a maximum of four
guest rooms and which may include the serving of breakfast but no
other meals to such guests.
A permanent sign or structure which directs attention to
an idea, product, business activity, service or entertainment which
is conducted, sold, or offered elsewhere than upon the lot on which
the sign is situated.
[Amended 12-4-2012 by L.L. No. 3-2012]
A structure used for the playing of billiards as its principal
use. A billiard hall may include customary accessory uses, such as
provision of food and nonalcoholic beverages.
Consist of grass buffers, sand beds, a ponding area for excess
runoff storage, organic layers, planting soil and vegetation. Their
purpose is to provide a storage area, away from buildings and roadways,
where stormwater collects and filters into the soil. Permanent ponds
can be incorporated into the cell design as landscaping features.
Temporary storage areas without ponds may be called "detention cells."
Bioretention areas have also been called "rain gardens" since they
are typically landscaped with native plants and grasses selected according
to their moisture requirements and ability to tolerate pollutants.
Annual maintenance of bioretention cells must be planned in order
to replace mulching materials, remove accumulated silt, or revitalize
soils as required.
Any dwelling in which more than four persons either individually
or as families are housed or lodged for hire on a nontransient basis
with or without meals. A rooming house or a furnished rooming house
shall be deemed a boardinghouse. See also "hotel" and "motel."
Land excluding state or federally regulated wetlands, water
bodies, floodways, and slopes 25% or greater, including the environmental
and municipally required setbacks and buffers of these features, and
preexisting developed areas of the site.
Any structure which is permanently affixed to the land, has
one or more floors and a roof, and is intended for the shelter, housing
or enclosure of persons, animals or chattels.
BUILDING, DETACHEDA building surrounded by open space on the same lot.
BUILDING GROUPA group of two or more principal buildings and buildings accessory thereto occupying a lot in one ownership and having any yard in common.
BUILDING HEIGHTSee "height of a building."
BUILDING LINE WIDTHThe baseline of a vertical plane, parallel to the street line or common driveway shared by two or more structures, and extending from one lot line to another, beyond which no portion of a building shall extend into the front yard. Side and rear lines shall be determined in the same manner.
BUILDING, PRINCIPALA building in which is conducted the main or principal use of the lot on which said building is situated.
BUILDING, SEMIDETACHEDA building attached by a common wall to another building but having one side yard.
A term used to describe the size, volume, area and shape
of buildings and structures and the physical relationship.
A structure containing facilities for washing automobiles
and automatic or semiautomatic application of cleaner, brushes, rinse
water, or heat for drying.
A story whose floor is more than 1/2 of its story height
below the average level of the surrounding ground. See also "basement."
An organization catering exclusively to members and their
guests for defined purposes which are not conducted primarily for
financial gain.
An off-street, ground-level open area, usually improved,
for the temporary storage of motor vehicles and operated for profit.
A vehicle having a registered carrying or hauling capacity of
one ton or more for the conduct of a business for profit.
A vehicle especially constructed or equipped for the purpose
of towing or removing wrecked or disabled vehicles and commonly called
a "tow truck" or "wrecker" and all types of vehicular construction
equipment used in the conduct of a trade or business.
Space reserved for use by any and all residents of a housing
development, including but not limited to halls, stairways and landings
in apartment houses.
A building, or group of buildings, in which dwelling units,
offices, or floor area is owned individually and the structure, common
areas, and facilities are owned by all the owners on a proportional,
undivided basis.
A one-family dwelling contiguous to one or more one-family
dwellings separated by a common (party) wall.
Any space, whether inside or outside a building, used for
the storage of construction equipment, machinery, or vehicles, or
parts thereof, which are in active use by a construction contractor.
Any retail establishment offering for sale prepacked food
products, household items, newspapers and magazines, sandwiches and
other freshly prepared foods, such as salads, for off-site consumption.[2]
An establishment that documents social, religious, intellectual
and artistic structures and manifestations that characterize a society,
and includes but is not limited to museums, art galleries, botanical
and zoological gardens, and structures related to historic, educational
or other artistic interests.[3]
The formation of a barrier preventing, impeding or slowing
the flow of water and/or loose solid materials, thereby impounding
water and/or loose solid materials behind the barrier.
Any place used for the purpose of teaching or performing
dances.
Any place, however designated, which has been issued a license
to operate as a day-care center by the New York State Department of
Social Services pursuant to Part 418 of the New York State Department
of Social Services department regulations.
An establishment providing for the care, supervision and
protection of senior citizens. See also definition for "group family
or senior day-care home."
The width of the main stem of a tree or shrub measured at
an elevation of five feet above ground level.
The gravitational movement of a liquid substance, normally
water, from its place of origin via surface runoff within or outside
of developed channels and/or via subsurface underflow.
Any regular form or shape by which the process of drainage
occurs.
A use which, by design of facilities or procedures, encourages
or permits customers to receive service, obtain products or be entertained
while remaining in their vehicles.[4]
A lot or land used primarily for the disposal, by abandonment,
dumping, burial, burning or any other means and for whatever purpose,
of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles,
or parts thereof, or waste material of any kind.
The act of unloading, depositing or letting something fall
in a heap of unshaped mass.
Any building or portion thereof designed or used as the residence
or sleeping place of one or more persons.
DWELLING, MULTIPLE-FAMILYA building or portion thereof designed to be used as a residence by three or more families and containing three or more dwelling units on one plot but which may have joint services or joint facilities, or both. "Multiple-family dwelling" is a structural definition and applies irrespective of how the individual dwelling units therein are offered for sale (condominium) or rental. Also known as a "multiple dwelling" and includes apartment house and townhouse developments.
[Amended 1-5-2010 by L.L. No. 1-2010]
DWELLING, SINGLE-FAMILYA building designed or used for residence purposes by not more than one family, containing one dwelling unit only.
DWELLING, TWO-FAMILY or DUPLEXA building designed or used for residence purposes by not more than two families and containing two dwelling units, which may be attached side by side, that individually meet the floor area requirements established for single-family dwellings.
DWELLING UNITOne or more rooms constituting a separate, independent housekeeping unit for ownership or lease or rent designed for occupancy by one family and physically independent of any other group of rooms or dwelling units which may be in the same structure, containing independent cooking, sanitary and sleeping facilities.
A dwelling unit without a separate, distinct room for sleeping.
[Amended 1-5-2010 by L.L. No. 1-2010; 10-6-2015 by L.L. No. 3-2015]
Elderly/senior housing, as used in this chapter, is a multiple-family
dwelling which consists of leased or individually owned dwelling units
whose occupancy, subject to the exceptions below, is limited to two
persons both of whom are 55 years of age or older. A person less than
55 years of age may reside in elderly/senior housing only under the
following conditions:
The person provides essential care or assistance to a resident
of the same dwelling unit who is 55 or older, and the need for such
care or assistance is documented in a written statement from a licensed
physician;
One person under 55 years of age who needs care or assistance
from a related person 55 years of age or older who resides in the
same dwelling unit. The need for such care or assistance shall be
documented in a written statement from a licensed physician.
The Zoning Board of Appeals may impose conditions upon the grant
of a special use permit for elderly/senior housing to assure adherence
to the above limitations on elderly/senior housing occupancy.
[Amended 4-5-2022 by L.L. No. 1-2022]
A structure where horses are boarded and cared for and where
horse riding takes place not for commercial gain.
The process by which land is worn away by the action of water
and/or wind.
One or more persons who live together in one dwelling unit
and maintain a common household, provided that unless all members
are related by blood, adoption or marriage, no such family shall contain
over three nonrelated persons.
Any place, however designated, which has been issued a permit
to operate a family day-care home by the New York State Department
of Social Services pursuant to Part 417 of the New York State Department
of Social Services department regulations.
A structure, the purpose of which is to mark a boundary and/or
offer protection. It may be composed of wood, metal, concrete, stone,
synthetic materials and/or other such material or it may consist of
living matter such as trees, shrubs and/or other vegetation.
The depositing of natural or artificial material that raises
the existing grade of land or modifies the surface of water bodies.
Designed as landscape features within parking lots or other
areas to collect flow from large impervious surfaces. They may direct
water into vegetated detention areas or special sand filters that
capture pollutants and gradually discharge water over a period of
time.
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 of all finished grade
elevations around the periphery of the building, except that this
average shall not exceed 1/2 of the floor-to-ceiling height.
The sum of the horizontal areas of the floors of a building,
excluding unenclosed or unheated porches, basement and cellar areas
and garages, measured from the interior face of the exterior walls,
except that basement space used for retailing shall be included for
purposes of calculating requirements of accessory off-street parking
space and accessory off-street loading berths.
The ratio between the total floor space of the building or
buildings and the total lot area.
A lot located between a keyhole lot and the road or street.[5]
An enclosed space for the storage of one or more motor vehicles,
provided that no business, occupation or service is conducted for
profit therein and no space therein for more than one car is leased
to a nonresident of the premises.
Any garage, other than a private garage, available for storage,
repair, greasing, washing, servicing, adjusting or equipping of automobiles
or other motor vehicles, except, however, the equipping or installation
of parts where such installation is incidental to the retail sale
of such parts or equipment.
The process of exploration and drilling through wells or
subsurface excavations for oil or gas and the extraction, production,
transportation, purchase, processing, and storage of oil or gas, including,
but not limited to the following:
[Added 11-7-2012 by L.L. No. 2-2012]
A new well and the surrounding well site, built and operated
to produce oil or gas, including auxiliary equipment required for
production (separators, dehydrators, pumping units, tank batteries,
tanks, metering stations, and other related equipment);
Any equipment involved in the reworking of an existing well;
A water or fluid injection station(s) including associated facilities;
A storage or construction staging yard associated with an oil
or gas facility;
Gas pipes, water lines or other gathering systems and components
including but not limited to drip station, vent station, chemical
injection station or valve boxes;
Storage or disposal within the Village of Altamont of any wastes
or byproducts arising from drilling or production of oil or gas at
any location inside or outside the Village of Altamont;
Extraction of water from any source within the Village of Altamont
for use in oil or gas drilling or production operations;
Transport over roads administered by the Village of Altamont
of water, waste products, chemicals, or other supplies for use in
oil or gas drilling or production operations.
An area of land, including structures thereon, or any building
or part thereof, that is used for the sale and direct delivery to
the motor vehicle of gasoline or any other motor vehicle fuel or oil
and other lubrication substance, including any sale of motor vehicle
accessories, and which may or may not include facilities for lubrication,
washing (which does not require mechanical equipment) or otherwise
servicing motor vehicles, but not including auto body work, welding
or painting. A convenience store may be included.
[Amended 1-5-2010 by L.L. No. 1-2010]
A tract of land laid out for at least nine holes for playing
the game of golf and improved with tees, greens, fairways, and hazards
and that may include a clubhouse and shelter. A country club includes
land area and buildings containing golf courses, recreational facilities,
a clubhouse, and customary accessory uses, open only to members and
their guests.
The final grade level of the ground at the front line of
the building.
Any stripping, cutting, filling, or stockpiling of earth
or land, including the land in its cut or filled condition, to create
new grades.
Function as alternatives to curb and gutter systems, usually
along residential streets or highways. They use grasses or other vegetation
to reduce runoff velocity and allow filtration while high-volume flows
are channeled away safely. Features like plantings and check dams
may be incorporated to further reduce water velocity and encourage
filtration. Walkways are either separated from roadways by swales
or relocated to other areas. In areas where salts are commonly used
for winter deicing, careful attention must be paid to selecting plant
species which are salt tolerant.
An establishment in which food and other household items
are sold.
Any place, however designated, which has been issued a permit
to operate a group family day-care home by the New York State Department
of Social Services pursuant to Part 416 of the New York State Department
of Social Services department regulations.
Any floor usable for living purposes, which include working,
sleeping, eating, cooking or recreation, or a combination thereof.
A floor used only for storage purposes is not a habitable floor.
Any temporary road constructed or improved by the operator
which enters or exits from an excavation or quarry site and which
receives substantial use.
Any type of bush, plant or other natural growth which serves
or can serve the same purpose as a fence.
The vertical distance from the finished grade level to a
point midway between the highest and lowest points of the roof, provided
that chimneys, spires, towers, elevators, penthouses, tanks and similar
permitted projections shall not be included in determining the height.
See also "finished grade."
Any nonresidential use that is secondary and clearly subordinate
to an existing residential use, conducted within a dwelling unit or
an accessory structure by a permanent resident of that dwelling unit,
which does not change the residential character of the dwelling unit
or vicinity and where no nonresident employees, customers or clients
enter the premises and where there is no signage or exterior storage
of products or equipment. Such occupation is exempt from site plan
review.
An occupation or business activity resulting in a product
or service for financial gain, conducted wholly or partly in a dwelling
unit or accessory structure which is secondary to the use of the dwelling
for living purposes and does not change the residential character
of the dwelling unit or vicinity or have any exterior evidence of
such secondary use other than a sign, and where customers, clients
or sales representatives enter the premises and in which not more
than one nonresident is employed. Such occupancy requires site plan
review and special use permitting.
A building or any part thereof which contains living and
sleeping accommodations for transient occupancy, has a common exterior
entrance or entrances and which may contain one or more dining rooms
and other supporting amenities.
Anything situated on the surface of the earth which cannot
be penetrated by water.
A building or group of buildings, whether attached or detached,
containing for rent individual sleeping accommodations used as an
accessory use in support of a sit-down restaurant that provides meals
for organized celebrations such as weddings, reunions and similar
events. To the extent that, from time to time, the lodging at the
inn is not required in support of an organized event at the sit-down
restaurant, it may be used for the same purpose as either a hotel
or motel.
A road wholly within a project or development, whether dedicated
or not, which is designed solely to provide access to the residences,
lots or developments therein.
A lot, land or structure, or part thereof, used for the collecting,
storage or sale of wastepaper, rags, scrap metal or discarded material,
or the collecting, dismantling, storage, processing or salvaging of
machinery or vehicles not in running condition or for the sale of
parts thereof, all when operated as a business on site where an employee
is in attendance for the entire working day to receive deliveries
and to be responsible for ensuring that materials brought to the site
are stored in a manner that will not result in any sort of nuisance
to property or persons off the site.
The keeping of three or more dogs, six months of age or more,
or any number of dogs of any age for the purpose of sale, or for breeding
or boarding, for which a fee is charged.
The narrow strip of land, generally uniform in width, that
provides the keyhole lot with access to a public road or street. The
width of the keyhole access shall not be less than 30 feet at any
point. The area of the keyhole access shall not be counted for the
purpose of determining the minimum lot area compliance.
A lot that is located to the rear of another lot but is connected
to a public right-of-way by a strip of land at least 30 feet wide.
A commercial establishment that provides landscaping, lawn care, and tree and/or plowing services. Such an establishment may include a completely enclosed structure used for indoor storage, equipment maintenance and office purposes, and/or outdoor facilities used for parking and storage of trucks, and shall not have any unenclosed stockpiling of materials used for landscaping. A landscape business shall not include any agricultural or farming activities as defined in § 355-5 of this chapter (see "agriculture").
[Added 12-4-2012 by L.L. No. 3-2012]
An expanse of lawn, trees, plants and other natural materials
such as rock and wood chips, and decorative features, including sculptures,
walks, fountains, pools, and street furniture.
[Added 12-4-2012 by L.L. No. 3-2012]
An establishment providing washing, drying, or dry-cleaning
machines on the premises for rental use to the general public.
Industrial uses and associated storage that conduct their
operations such that no nuisance factor is created or apparent outside
an enclosed building that would make the use incompatible with adjacent
nonindustrial uses. Noise, odor, glare or other emissions from the
industrial activity shall not be detectable off of the property.
The dividing line between the street or highway and the abutting
real properties.
A parcel of land under separate ownership or a parcel of
land as designated on a plot plan recorded in the Albany County Clerk's
office.
LOT AREAThe computed area contained within the lot lines, said area to be exclusive of street or alley rights-of-way or future rights-of-way if such have been determined.
LOT, CORNERA lot or portion of lot at the junction of and abutting on two intersecting streets.
LOT COVERAGEThat lot area or percentage of lot area covered by buildings or structures, including accessory buildings and structures.
LOT DEPTHThe average distance between the front and rear lot line.
LOT FRONTAGEThe distance between side lot lines, measured at the street line.
LOT LINEA line of record bounding a lot that divides one lot from another lot or from a public or private street or any other public space.
LOT, THROUGHA lot other than a corner lot which fronts on two streets, or upon a street and a right-of-way of more than 25 feet in width.
LOT WIDTHThe distance between side lot lines, measured at the building front line (front yard setback).
A facility primarily engaged in providing analytic or diagnostic
services to the medical and dental profession, or establishments that
make, restore or repair medical devices as prescribed to patients
by licensed dental, optic, or medical professionals. A medical/dental/optical
laboratory does not produce or manufacture products for the general
public, for mass assembly, or in mass quantities, and is engaged only
in the development of medical appliances, such as but not limited
to dentures, artificial teeth, orthodontic appliances, orthotics,
orthopedic braces, and prosthetics made specifically for an individual
patient as prescribed by a medical, dental or optical professional.
[Added 9-6-2012 by L.L. No. 1-2012]
An organization with preestablished formal membership requirements
and bylaws and with the objective of promoting the interests of its
members.
The removal of more than 2,000 cubic yards of sand, gravel,
soil (including topsoil) or other natural deposits by stripping, digging
or other means.
A parcel of land planned and improved for the placement of
mobile dwellings for nontransient use.
A factory-built transportable dwelling unit used for living
and sleeping and constructed on an I-beam chassis which remains an
integral part of the unit.
A building or group of buildings, whether attached or detached,
containing for hire individual living and sleeping accommodations,
each of which is considered a unit, 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," or
"roadside hotel."
See "dwelling, multiple-family."
A structure used for the purpose of administering government
services and programs.
Structures for which the start of construction commenced
on or after the effective date of this chapter.
A use of land or of a building or structure, which use lawfully
existed at the time of the adoption of this chapter, or of any amendment
thereto, but which use does not conform to the use regulations imposed
by this chapter or such amendments thereto.
Any place or institution for the aged, infirm, senile, chronic
or convalescent established to render, for compensation, domiciliary
care, custody, treatment and/or lodging of three or more persons who
require or receive a special diet or assistance in feeding, dressing,
walking, administering medicines, or carrying out the treatment of
a doctor licensed by the State of New York in any other ordinary daily
activities of life or are confined to bed or a chair. This category
does not include institutions for the treatment of the mentally ill,
hospitals, sanitariums, boardinghouses and the like.
Land left in a natural state for conservation, agricultural,
or scenic purposes or devoted to the preservation of distinctive ecological,
physical, visual, architectural, historic, geologic, recreation, or
botanic sites. It shall also mean land left in a natural state and
devoted to active or passive recreation. The term shall not include
land that is paved, used for the storage, parking or circulation of
automobiles, or occupied by any structure except agricultural buildings.
Required yards shall not be considered open space.
The unenclosed placement or deposition of natural or man-made
objects or materials for future use.
A district, with supplementary regulations, which is superimposed
upon other use districts.
A main or accessory building, other than a private garage,
used for parking or temporary storage of motor vehicles, boats and
trailers.
An off-street space available for the parking of one motor
vehicle and having an area of not less than nine inches by 18 feet,
exclusive of passages, aisles and driveways giving access thereto
and to the street.
A function allowed on a parcel in a given/specific zoning
district, not to be deemed to include any nonconforming use or use
requiring a special use permit.
Establishments primarily engaged in providing services involving
the care of a person or his or her personal goods or apparel, including
but not limited to laundry, cleaning, beauty shops, barbershops, funeral
services, health clubs, domestic services, and shoe repair.
An area of minimum contiguous size, as specified in this
chapter, to be planned and developed and operated or maintained as
a single entity and containing one or more residential clusters; appropriate
commercial, public, or quasi-public uses may be included if such uses
are primarily for the benefit of residential development.[6]
To contaminate the environment, make it unclean and/or impair
natural processes and functions.
A lot, together with all the buildings and uses thereon.
A structure, the principal use of which shall be the accommodation
of an office for the provision of personal services normally performed
on a consulting basis by service providers, clergy, doctors, dentists,
lawyers, and persons engaged in similar professions or for the administration
of government, sales, or public utility uses. Such use shall not include
any wholesale or retail sales whatsoever.
An area or structure where large numbers of individuals collect
to participate or to observe programs of participation, including
but not limited to an auditorium, stadium, gymnasium, theater, banquet
room, field house, or comparable facilities under different names.
Any one or more of the following uses, including grounds
necessary for their use and accessory buildings:
A location, building or structure where leisure activities
are performed, often requiring equipment and taking place at prescribed
places, sites or fields. Active recreation includes but is not limited
to swimming, tennis, and other court games, baseball and other field
sports, golf and playground activities. Passive recreational activities
generally do not require a developed site. This generally includes
such activities as hiking and picnicking.
Any agency that, under public franchise or ownership,
or under certificate of convenience and necessity, or by grant of
authority by a governmental agency, provides the public with electricity,
gas, heat, steam, communication, transportation, water, sewage collection,
or other similar service.
A closely regulated enterprise with a franchise
for providing a needed services.
The conditioning of areas affected by mining or excavation
to make them suitable for any use or purposes consistent with the
Comprehensive Plan for the Village of Altamont.
The operator's written proposal for reclamation and, where
relevant, grading specifications and manner and type of revegetation.
Leisure-time activities, usually of a formal nature and often
performed with others, requiring equipment and taking place at prescribed
places, sites or fields. Active recreation facilities may be indoors
or outdoors. Indoor active recreational activities are for sporting
uses undertaken entirely within a building, including team or individual
sports and related health and exercise facilities. Outdoor active
recreational activities include but are not limited to golf, skiing,
ballplaying on ball fields, swimming, bike trails, hiking and similar
outdoor activities.
A motorized vehicle which is designed to be used for temporary
living and sleeping purposes and which can be registered as such with
the State Motor Vehicle Department.
A place designed and equipped for the conduct of sports and
leisure-time activities, operated as a business and open to the public
for a fee.
Activities that involve relatively inactive or less energetic
activities such as walking, sitting, picnicking, card games, chess,
checkers, and similar table games and may be conducted indoors or
outdoors.
A competitive exhibition of wares and farm products, etc.,
including but not necessarily for purposes of sale, and with exhibitions,
activities, programs, food sales, and other events that take place
over several days, and that draws exhibitors and competitors from
multiple towns and counties.
A building or any part of a building which contains living
and sleeping accommodations for permanent occupancy. "Residence,"
therefore, includes all one-family, multiple-family, boarding-, fraternity
and sorority houses. However, "residence" shall not include the following:
[Amended 1-5-2010 by L.L. No. 1-2010]
A restaurant where patrons are not customarily served at
tables or sit-down counters and where all or a portion of the food
is prepared and wrapped, boxed, bagged or prepackaged, or is prepared
in a manner in anticipation of customers, and where the customer places
an order at a common counter or drive-in facility by waiting in line
or by being served through a sequential numbering system and consumes
the food either at tables provided in or adjacent to the building,
in vehicles on site or elsewhere.
A permanent building used for the serving of meals where
customers are seated principally at a table and are waited on when
seated, where a full line of meals is offered, where the main proportions
of the meals are not precooked or prepackaged in anticipation of customers,
and, further, where, under proper authority, alcoholic beverages may
be served from a service bar only and where the meal is not customarily
or occasionally eaten in vehicles.
An establishment selling goods to the public for consumption/use,
but not for resale, primarily in small quantities, as well as services
incidental to the sale of said goods. Goods are for sale within an
establishment; outside storage or display is permitted only with site
plan approval by the Zoning Board of Appeals.
[Amended 4-5-2022 by L.L. No. 1-2022]
Any establishment where horses are kept for riding, driving
or stabling for compensation.
The area dedicated to a street, highway or other passageway,
bounded on each side by lot lines.
Vegetation which is located on or along the bank of a watercourse.
Any building or part thereof which is designed, constructed,
or used for education or instruction in any branch of knowledge.
PRIVATE SCHOOLAny building or group of buildings the use of which meets state requirements for elementary, secondary, or higher education and which use does not secure the major part of its funding from any governmental agency.
PUBLIC SCHOOLAny elementary, secondary, or higher education licensed by the state and that secures the majority of its funding from one or more governmental agencies.
The deposition of material by wind or water and settling
of the material in a body of water.
The minimum allowable horizontal distance from a given point
or line of reference, such as a street, right-of-way or future right-of-way,
if such has been determined, to the nearest vertical wall or other
element of a building or structure as defined herein.
Any advertising medium, structure, planting or device which
advertises, directs or calls attention to any business, article, substance
or service. A sign may be painted, printed, pasted, posted, suspended
from or affixed to any building, billboard, wall, fence, railing,
vehicle, natural object or structure of any kind on real property
or upon the ground itself.
SIGNABLE AREA, WALLThe continuous portion of a building face unbroken by doors or windows. It is the area in which structure-mounted signs are permitted.
SIGN, ADVERTISINGAny sign which directs attention to a business, principal commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises where the sign is located or to which it is affixed.
SIGN AREAThe area within the shortest lines that can be drawn around the perimeter of a sign, including all decorations and lights, but excluding the supports, if any, if they are not used for advertising purposes. All faces of a sign shall be used in computing the area. Any neon tube, string of lights, or similar device shall be deemed to have minimum dimensions of one foot.
SIGN, BUSINESSAny sign which directs attention exclusively to a permitted business, profession or industry conducted upon the premises on which the sign is located, or to a primary product, commodity or service sold by such business or industry, and shall be deemed an integral part of such business or industry.
SIGN, COMMERCIAL ADVERTISINGA permanent advertising sign, structure or symbol erected and maintained by an individual or corporation engaged in the sale or rental for profit of space thereon to a clientele of manufacturing, service, or commercial enterprises, upon which space there is displayed, by means of painting, posting or other method, advertising copy describing products or services which are not necessarily made, produced, assembled, stored or sold from the lot or premises upon which the advertisement is displayed.
[Amended 1-5-2010 by L.L. No. 1-2010; 12-4-2012 by L.L. No.
3-2012]
SIGN, DIRECTLY ILLUMINATEDA sign which incorporates any artificial lighting as an inherent part or feature or which depends on transparent or translucent material and the use of electricity or radioactivated or gaseous material or substance for its illumination.
SIGN, FLASHINGAn illuminated sign on or in which the artificial lighting is not maintained stationary or constant in intensity and color at all times while in use.
SIGN, FREESTANDINGAny sign supported by a pylon, pole, upright or brace placed in the ground and which stands free of a building and/or other structure.
SIGN, ILLUMINATEDAny sign which has characters, letters, figures, designs or outline illuminated by electric lights, neon or luminescent tubing.
SIGN, INDIRECTLY ILLUMINATEDA sign which is illuminated with an artificial light which is separate from, or is not an intrinsic part of, the sign itself.
SIGN, OFFICIALAny sign, symbol or device erected and maintained by any governmental unit.
SIGN, PAINTED WALLAny sign painted directly on the surface of any wall or other structure.
SIGN, PROJECTINGAny sign which is attached to a building or structure, or beyond the surface of that portion of the building or structure to which the sign is attached, and not parallel to the face of the building.
SIGN, REPRESENTATIONALAny three-dimensional sign which is built so as to physically represent the object advertised.
SIGN, ROOFAny sign erected, constructed and maintained wholly upon or above the roofline of any building with the principal support on the roof or eave structure.
SIGN, SANDWICHA portable sign that is not permanent, affixed to a building, structure, or the ground and that is placed in front of a business and placed outside during business hours.
SIGN, TEMPORARYAny sign, banner or other advertising device constructed of temporary material, with or without a structural frame, intended for a limited period of display, including decorative displays for holidays, public demonstrations or specific events.
SIGN, WALLAny sign or poster on any surface or panel that may be affixed to the front, rear or side wall of any building or structure, with the exposed face of such sign in a plane approximately parallel to the plane of the wall, and projecting not more than 12 inches beyond the building line or face of a wall.
The deposition of loose sediment and small rock particles
by wind or water.
A plan, prepared to scale, showing accurately and with complete dimensioning all of the uses proposed for a specific parcel of land. See § 355-36 for specific site plan requirements.
The excavation or removal of soil products other than topographical
alterations.
The calculated capacity of the land to remain firm when acted
upon by natural or man-made elements.
That portion of a building included between the surface of
the floor and the ceiling next above it having a height of at least
seven feet six inches.
That portion of a building situated above a full story and
having at least two opposite, exterior walls meeting a sloping roof
at a level not higher above the floor than a distance equal to 1/2
the floor-to-ceiling height of the story below.
A public thoroughfare or right-of-way dedicated, deeded or
condemned for use as such, other than an alley, which affords the
principal means of access to abutting property, including avenue,
place, way, drive, lane, boulevard, highway, road and any other thoroughfare.
See "line, street."
[Amended 1-5-2010 by L.L. No. 1-2010]
The width of the right-of-way or the distance between property
lines on opposite sides of a street.
Any change in either the supporting members of a building,
such as bearing walls, columns, beams, and girders, or in the dimensions
or configurations of the roof or exterior walls.
Anything constructed or built, any edifice or building of
any kind, or any piece of work artificially built up or composed of
parts joined together in some definite manner which requires location
on the ground or is attached to something having a location on the
ground, including, but without limitation, swimming and wading pools,
covered patios, towers, smokestacks, poles, etc., excepting outdoor
areas such as paved areas, walks, tennis courts and similar recreation
areas.
Vegetation in sufficient quantity and of sufficient maturity
so as to prevent erosion, maintain the general character of the area
and provide effective screening when such purpose is warranted.
Landscaped with vegetation of a type sufficient to effectively
screen differing uses, enhance the quality of the environment and
protect the general welfare of the community.
The linear speed water attains as it drains the land toward
a watercourse.
Any outdoor water pool intended for bathing or swimming purposes
made of concrete, masonry, metal or other impervious material, maintained
in a residential district, which will cause the retaining of water
to a greater depth than 18 inches and having a plane surface area
of water greater than 100 square feet.
A use that is established for a limited duration with the
intent to discontinue such use upon the expiration of the time period.
A temporary structure is one without any foundation or footings and
that is removed when the designated time period, activity, or use
for which the temporary structure was erected has ceased.
A building or part of a building devoted to showing motion
pictures or for dramatic, dance, musical, or other live performances.
The incidental excavation or deposit of soil product where
the intent is to develop a building lot or building lots pursuant
to subdivision approval or for agricultural purposes or where the
time of the project is less than one year and the volume of material
removed is less than 2,000 cubic yards.
The surface layer of soil containing organic matter to a
depth usually plowed in cultivation.
One of a series of attached one-family dwellings and where
each unit has its own front and rear access to the outside, no unit
is located over another unit, and each unit is separated from any
other unit by one or more vertical common walls.
A nonautomotive vehicle or structure designed to be hauled
or towed.
[Added 2-1-2011 by L.L. No. 1-2011]
An intermediate destination for solid waste which may include
separation of different types of waste and aggregation of smaller
shipments with larger ones. It may also include compaction to reduce
the bulk of the waste.
This term is employed in referring to:
See "used car lot."
Any place outside a building where two or more used motor
vehicles in operating condition are offered for sale or are displayed.
All facilities and equipment related to providing water,
electric, gas, sanitary sewer, drainage, telephone or any other services
to the public.
[Amended 1-5-2010 by L.L.
No. 1-2010]
A place where animals or pets are given medical or surgical
treatment and are cared for during the time of such treatment. Use
as a kennel shall be limited to short-time boarding and shall be only
incidental to such hospital use.
The Village Board of Trustees of the Village of Altamont,
New York.
A channel in which a flow of water occurs either continuously
or intermittently.
The volume of flow which a watercourse is able to transmit
within its channel during a flood.
The aggregate of characteristics which determine the level
of purity of water.
An area where natural underground water supplies are replenished.
The ability of a wetland to withhold water during wet periods
and release water during dry periods.
Any open space on the same lot with a building or a dwelling
group, which open space is unoccupied and unobstructed by any structure
except for the projections as permitted elsewhere in this chapter.
YARD, FRONTAn open space extending the full width of the lot between a building and the front lot line, unoccupied and unobstructed from the ground upward except as specified elsewhere in this chapter, but may include steps, terraces and unenclosed porches.
YARD, REARAn open space extending the full width of the lot between a building and the rear lot line.
YARD, REQUIREDThat portion of the open area of a lot extending open and unobstructed from the ground upward along a lot line for a depth or width as specified by the bulk regulations of the district in which the lot is located. No part of such yard shall be included as part of a yard or other open space similarly required for buildings on another lot.
YARD, SIDEAn open space extending from the front yard to the rear yard between a building and the nearest side lot line, unoccupied and unobstructed from the ground upward except as specified elsewhere in this chapter.
The Zoning Board of Appeals of the Village of Altamont, New
York.
The Zoning Law of the Village of Altamont, New York.
