A.
For the purposes of this chapter certain words and
terms used herein shall have the meanings given in this article.
B.
Words used in the present tense include the future
tense; words used in the singular include the plural, and the plural
the singular. The word "lot" includes the words "plot" and "parcel."
The word "building" includes the word "structure." The word "used"
shall be deemed also to include "designed, intended, or arranged to
be used." The word "shall" is mandatory and not permissive.
As used in this chapter, the following terms
shall have the meanings indicated:
As applied to a building or structure, means a change or
rearrangement in the structural parts or in the exit facilities, or
an enlargement, whether by extending on a side or by increasing height,
or the moving from one location or position to another.
[Amended 2-18-1997 by L.L. No. 1-1997]
An area of land developed with land uses designed to provide
recreation, entertainment or amusement to persons using such facilities.
[Amended 2-18-1997 by L.L. No. 1-1997]
See "farm."
[Amended 2-18-1997 by L.L. No. 1-1997]
Total of areas taken on a horizontal plane at the main grade
level of principal buildings and all accessory buildings, exclusive
of uncovered porches, parapets, steps, and terraces.
[Amended 2-18-1997 by L.L. No. 1-1997]
The total area within the lot lines, excluding public rights-of-way,
except for a flag lot.
[Amended 2-18-1997 by L.L. No. 1-1997]
The regulation of building size, setbacks or yards, parking
and loading requirements and similar regulations not determining use,
but excluding performance standards.
[Amended 2-18-1997 by L.L. No. 1-1997]
A private owner-occupied dwelling that contains no more than
three guest rooms and is subordinate to the main residential use of
building. Breakfast, if provided, may be served to overnight guests
only.
[Amended 2-18-1997 by L.L. No. 1-1997]
A facility operated primarily as a business typically consisting
of four to 20 guest rooms. The owner may live on or off the property
and the owner must obtain a commercial license from the state to operate.
[Amended 2-18-1997 by L.L. No. 1-1997]
A structure having a roof supported by columns or walls.
[Amended 2-18-1997 by L.L. No. 1-1997]
A detached subordinate building, the use of which is customarily
incidental to that of a principal building and located on the same
lot.
[Amended 2-18-1997 by L.L. No. 1-1997]
See "lot coverage."
[Amended 2-18-1997 by L.L. No. 1-1997]
The line of that face of the building nearest the front line
of the lot. This face shall include bay windows, covered porches,
whether closed or unenclosed, or any projections thereof which are
over 50 square feet in area.
[Amended 2-18-1997 by L.L. No. 1-1997]
The vertical distance measured from the established grade
at the curb, or if no grade has been officially established at the
curb, measured from the average level of the finished ground surface
across the front of the building to the highest point of the roof
for flat roofs, to the deckline of mansard roofs; and to the mean
height between eaves and ridge on gable, hip and gambrel roofs.
[Amended 2-18-1997 by L.L. No. 1-1997]
That portion of a lot exclusive of all New York State classified
streams, slopes in excess of 15%, critical environmental areas as
designated by New York State Department of Environmental Conservation
(DEC) and freshwater wetlands as designated by the New York State
DEC and U.S. Army Corps of Engineers.
[Amended 2-18-1997 by L.L. No. 1-1997]
An area wholly or partly below grade and having less than
half of its clear floor-to-ceiling height above the average grade
of the adjoining ground.
Any retail establishment offering for sale prepackaged food
products, household items and/or goods commonly associated with the
same and having a gross floor area of less than 5,000 square feet.
This use may or may not include a gasoline station.
A planned development in which lots are plotted with less
than the minimum lot size and dimension requirements but which have
access to common open space which is a part of the overall development
plan approved by the Planning Board.
A parcel or parcels of land or an area of water, or a combination
of land and water, designed and intended for the private or public
use or enjoyment of the space. Common open space may contain such
complementary structures and improvements as are necessary and appropriate
for the benefit and enjoyment of the space.
A multifamily project of one-family dwelling units, which
may consist of one, a part, or more than one building wherein the
real property title and ownership are vested in an owner who has an
undivided interest with others in the common usage areas and facilities
which serve the development. The means of administration and maintenance
of common areas are mutually entered into by the respective owners.
Any place, however designated, which has been issued a license
to operate as a day-care center by the New York State Office of Children
and Family Services pursuant to § 390 of the New York State
Social Services Law.
[Added 2-1-2005 by L.L. No. 2-2005[1]]
The legal or beneficial owner or owners of all of the lands
proposed to be included in a planned development or subdivision. The
holder of an option or contract to purchase, a lease having a remaining
term of not less than 20 years, or other person having an enforceable
proprietary interest in such land shall be deemed to be a "developer"
for the purposes of this chapter.
A commercial establishment where business is transacted between
the establishment and a person in an automobile or other vehicle.
A building, or portion thereof providing complete housekeeping
facilities for one family. A building which is owner occupied that
has separate facilities for a person legally related to the owner
will be considered one dwelling unit for zoning purposes only so long
as the separate facilities are assessable from inside the primary
residence, any access to the outside is located in the side or rear
yard, all utilities are regulated through one meter, and the separate
facilities have no more than two bedrooms.
[Amended 6-1-2016 by L.L.
No. 5-2016]
A detached building containing one dwelling unit only.
A detached building containing two dwelling units only.
A building, or portion thereof, containing three or more
dwelling units.
One or more persons occupying a dwelling unit and living
as a housekeeping unit.
Any parcel of land which is used for the raising of agricultural
products or the keeping of poultry, fowl, livestock including necessary
farm structures and the storage of farm equipment.
[Amended 4-6-2022 by L.L. No. 1-2022]
A roofed space for the storage of one or more motor vehicles,
provided that no business, occupation or service is conducted for
profit therein.
A building or part thereof used for the storage, hiring,
selling, greasing, washing, servicing, and repair of motor vehicles,
operated for gain.
Any area of land, including structures thereon, that is used
or designed to be used for the sale of gasoline or oil or other motor
vehicle fuel and which may include facilities for lubricating, washing,
cleaning, or otherwise servicing motor vehicles.
Any personal or professional services customarily conducted
entirely within a principal or accessory structure which use is clearly
incidental and secondary to the use of the property for dwelling purposes
and does not change the residential character, with no retail sales
thereof and in which there is kept no stock-in-trade, and such use
shall not exceed 30% of the total building floor space, excluding
accessory and outbuildings.
A contract agreed to by owners of homes in any area that
provides regulations for the operation and maintenance of commonly
owned facilities and/or open space.
A use engaged in the manufacture of products from partially
processed or previously prepared materials, including processing,
fabrication, assembly, treatment, packaging, incidental storage, sales
and distribution of such products but excluding basic industrial processing.
A use engaged in the basic processing and manufacturing of
materials or products predominantly from extracted or raw materials,
or a use engaged in storage of, or manufacturing processes that may
potentially involve hazardous conditions.
A lot, land or structure, or part thereof, used primarily
for the collecting, storage or sale of wastepaper, rags, scrap metal
or discarded material, or for the collecting, dismantling, storage
or salvaging of machinery or vehicles, or for the sale of the parts
thereof.
The act of maintaining or enhancing the natural features
of a plot of ground to make it more attractive, by adding lawns, trees,
bushes, etc.
A parcel of land considered as a unit, occupied or capable
of being occupied by one building and accessory buildings or uses
or by a group of buildings united by a common use or interest, and
including such open spaces as are required by this chapter, and having
its principal frontage on a public street or an officially approved
place.
An off-street space, area or berth, with an appropriate means
of access to a street or way, intended for the temporary parking of
a vehicle while loading or unloading merchandise or materials.
The total horizontal area included within lot lines, except
that no part of the area within a public right-of-way may be included
in the computation of lot area.
A lot located at the intersection of and fronting on two
or more intersecting streets, and having an interior angle at the
corner of intersection of less than 135°.
The lot area or percentage of lot area covered by buildings
or structures, including accessory buildings or structures, or the
percentage of the area of the lot covered by a building or buildings.
[Amended 2-18-1997 by L.L. No. 1-1997]
The mean horizontal distance between the front and rear lot
lines, measured in the general direction of the side lot lines.
[Amended 2-18-1997 by L.L. No. 1-1997]
An interior lot having frontage on two approximately parallel
or converging streets.
[Amended 2-18-1997 by L.L. No. 1-1997; 4-6-2022 by L.L. No. 1-2022]
A lot with a driveway access strip which has a minimum width
of 20 feet and fronts on a public road and provides access to the
buildable portion of the lot. The flag lot shall be large enough to
contain the minimum lot area required by the Zoning Ordinance without
including the area within the driveway access strip. Building setbacks
shall be measured from the lot lines of the buildable portion of the
lot.
[Amended 2-18-1997 by L.L. No. 1-1997; 6-19-2007]
The lot line which abuts upon a street or highway right-of-way
boundary.
[Amended 2-18-1997 by L.L. No. 1-1997]
A lot other than a corner lot.
[Amended 2-18-1997 by L.L. No. 1-1997]
The distance between side lot lines, measured at the minimum
front yard setback.
[Amended 2-18-1997 by L.L. No. 1-1997; 2-1-2005 by L.L. No. 2-2005]
Activities which involve the construction of a pit or excavation
of earth to remove sand and gravel deposits.
[Amended 2-18-1997 by L.L. No. 1-1997]
A mobile home is any portable vehicle which is designed to
be transported on its own wheels or those of another vehicle, which
is used, designed to be used and capable of being used as a detached
single-family residence, and which is intended to be occupied as permanent
living quarters containing sleeping accommodations, a flush toilet,
a tub or shower, kitchen facilities, and plumbing and electrical connections
for attachment to outside systems. The definition of mobile home includes
all additions made subsequent to installation. This definition does
not include modular housing placed on a standard foundation or travel
trailer.
[Amended 2-18-1997 by L.L. No. 1-1997]
A mobile home park is any parcel of land which is planned
and improved for the placement of two or more mobile homes which are
used for dwellings and for occupancy of more than 90 consecutive days.
[Amended 2-18-1997 by L.L. No. 1-1997]
A housing unit constructed off site, consisting of more than
one segment and designed to be permanently anchored to a foundation,
to become a fixed part of the real estate, and which meets all the
standards of the Uniform Code, Energy Code, and state and local laws,
also referred to as a factory-manufactured home.
[Amended 2-18-1997 by L.L. No. 1-1997; 11-16-2022 by L.L. No.
8-2022]
A building or group of buildings providing rental sleeping
rooms and which may also include dining rooms, kitchen, serving rooms,
ballrooms and other facilities and services for use by transients
or temporary guests, excluding bed-and-breakfast establishments.
[Amended 2-18-1997 by L.L. No. 1-1997]
Every vehicle operated or driven upon a public highway which
is propelled by any power other than muscular power, except: electrically
driven invalid chairs being operated or driven by an invalid; vehicles
which run only upon rails or tracks; and snowmobiles as defined in
Article 47 of the Vehicle Traffic Law. The term "motor vehicle" shall
exclude fire and police vehicles, farm-type tractors used exclusively
for agricultural purposes or for snowplowing, other than for hire,
farm equipment, including self-propelled machines used exclusively
in growing, harvesting or handling farm produce, and self-propelled
caterpillar or crawler-type equipment while being operated on the
contract site.
[Amended 2-18-1997 by L.L. No. 1-1997]
A place of entertainment open at night usually serving food
and liquor and providing music and space for dancing.
[Amended 2-18-1997 by L.L. No. 1-1997]
A building or structure existing at the time of enactment
of this chapter and which does not conform to the area regulations
of the district or zone in which it is situated. A building or structure
that is not in conformance with the existing zoning ordinance being
supplanted by this chapter shall not be considered a grandfathered
(nonconforming) use.
[Amended 2-18-1997 by L.L. No. 1-1997]
A building, structure or lot occupied by a use at the time
of enactment of this chapter or any amendment thereof which does not
conform with the regulations of the district in which it is located
but which complied with the applicable regulations at the time the
use was established.
[Amended 2-18-1997 by L.L. No. 1-1997]
Land not covered by buildings, or parking lots, open storage,
mining operations, or any other use that visually obscures the natural
or improved landscape, except for recreational facilities.
[Amended 2-18-1997 by L.L. No. 1-1997]
An off-street space available for the parking of one motor
vehicle and having an area of not less than 200 square feet, exclusive
of passageways and driveways thereto.
[Amended 2-18-1997 by L.L. No. 1-1997]
The design of a development, including a plot of subdivision,
all covenants relating to use, location and bulk of buildings and
other structures, intensity of use or density of development, private
streets, ways and parking facilities. The phrase "provisions of the
plan" when used in these regulations shall mean the written and graphic
materials referred to in this definition.
[Amended 2-18-1997 by L.L. No. 1-1997]
Land which is planned and developed by a single interest
as a whole or in phases. A PDD may result in open space areas, higher
density in some sections of the tract, flexibility in design and preservation
of key natural features.
[Amended 2-18-1997 by L.L. No. 1-1997]
Any public service device governed under the jurisdiction
of the Public Service Commission, Federal Communications Commission
and Cable Television Commission, including water, sewer, gas, telephone,
telegraph, television and electric. Also including public utility
structures such as electric lines and poles, communications towers,
gas mains, water mains, telephone and telegraph lines and poles.
[Amended 2-18-1997 by L.L. No. 1-1997]
An establishment that provides duplicating services including
photocopying, blueprint and offset printing, including collating of
booklets and reports.
[Amended 2-18-1997 by L.L. No. 1-1997[2]]
An establishment that serves food and beverages primarily
to persons seated within the building or on the premises. This includes
cafes, tea rooms and outdoor cafes.
A restaurant designed to sell food to individuals who wish
to consume the product either in their vehicles or away from the premises
of the restaurant. Restaurants which have facilities for outdoor on-premises
consumption but which are primarily designed for takeout service shall
be considered drive-in restaurants.
[Amended 2-18-1997 by L.L. No. 1-1997]
An establishment that offers quick food service, which is
accomplished through a limited menu of items already prepared and
held for service, or prepared, fried or griddled quickly or heated
in a device such as a microwave oven. Orders are not generally taken
at the customer's table, and food is generally served in disposable
wrapping or containers.
The offering for a fee of goods and merchandise, excluding
restaurants, to the general public and where providing of services
is clearly incidental to the sale of such goods or merchandise.
Any building or portion thereof containing more than two
and less than five rooms that are used, rented or hired to be occupied
or that are occupied for sleeping purposes for compensation. The term
"rooming house" shall be deemed to include lodging, housing, boardinghouse
and tourist home.
A building or part thereof utilized for training, instruction
and learning, including but not limited to a school, seminary, college,
university, or other educational establishment, regardless of whether
operated for profit, whether or not licensed through the New York
State Education Department.
[Added 2-3-2009 ]
A building consisting of individual, small, self-contained
units that are leased or owned for the storage of business and household
goods or contractors' supplies. Storage of goods by local businesses
is limited to low-volume storage and shipment by vehicles no larger
than a standard, two-axle, full-size van. Numerous daily deliveries
and removal of goods for on-site sales by local businesses is not
consistent with the intent of this use in a C-1 Commercial District.
A self-service storage facility shall not be construed as permitting
warehouse uses (as defined in this Zoning chapter) in the C-1 Commercial
District.
The required minimum horizontal distance between the building
line and the related front, side or rear property line.
Any device affixed to or painted or represented directly
or indirectly upon a building, structure or land and which directs
attention to an object, product, place, activity, person, institution,
organization or business, but not including any official traffic control
device. Each display surface shall be considered to be a "sign."
An advertising sign is a sign which directs attention to
a business, commodity, service or entertainment sold or offered elsewhere
than upon the premises where such sign is located or to which it is
affixed.
A business sign is a sign which directs attention to a business
or profession conducted or a commodity, service, or entertainment
sold or offered upon the premises where such sign is located or to
which it is affixed.
A flashing sign is any illuminated sign on which the artificial
light is not maintained stationary or constant in intensity and color
at all times when such a sign is in use. For the purpose of this chapter,
any revolving, illuminated sign shall be considered a flashing sign.
A sign supported by one or more upright poles, columns or
braces placed or on the ground and not attached to any building or
structures.
Any sign not permanently affixed to the ground or building,
including any sign attached to or displayed on a vehicle when used
for the expressed purpose of advertising a business establishment,
product, service, or entertainment when that vehicle is so parked
as to attract the attention of the motoring or pedestrian traffic.
Any activity which directly or indirectly changes the natural
topography, drainage or vegetative cover of a parcel, either by grading,
excavating, placement of fill or tree clearing of trees six inches
or greater in diameter as measured four feet from grade. Sound agricultural
practices as defined by Agricultural and Markets Law, Article 25-AA,
are exempt from this definition.
[Amended 6-19-2019 by L.L. No. 8-2019]
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
be no floor above it, then the space between any floor and the ceiling
next above it.
That part of a building between a pitched roof and the uppermost
full story, said part having a ceiling height of seven feet or more
for an area not exceeding 1/2 the floor area of said full story, and
in which space not more than two-thirds of the floor area finished
off as rooms.
A public thoroughfare which affords the principal means of
access to abutting property.
Any change in the supporting members of a building.
A temporary permit issued by the Code Enforcement/Building
Department for events that are reasonably related to the last approved
use for the site which will extend for a maximum of three consecutive
calendar days and occur no more than four times in a calendar year
for an aggregate of 12 days a year maximum.
[Added 7-16-2014 by L.L. No. 3-2014]
A single-family dwelling unit attached to another similar
dwelling unit utilizing common open space and parking.
Any portable vehicle which is designed to be transported
on its own wheels, which is designed and intended to be used for temporary
living quarters for travel, recreation or vacation purposes, and which
may or may not include all of the accommodations and facilities included
in a mobile home.
Lands and buildings used as a relay station for the transfer
of a load from one vehicle to another or one party to another. The
terminal facility may include storage areas for trucks and buildings
or areas for the repair of trucks associated with the terminal.
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 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.
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.
A variance from the use regulations to allow the establishment
on a specific lot of a use otherwise prohibited in the district.
A building used primarily for the storage and/or distribution
of goods and materials.
[Amended 6-17-2008 by L.L. No. 2-2008]
A use engaged in the storage, wholesale, and distribution
of manufactured products, supplies and equipment.
An open space on the same lot with a building, unoccupied
or unobstructed by any portion of a structure from the ground upward,
except as otherwise provided in this chapter.
An open, unoccupied space on the same lot with a principal
building, extending the full width of the lot and situated between
the right-of-way and the front line of the building projected to the
side lines of the lot. The depth of the front yard shall be measured
between the front line of the building and the right-of-way. Covered
porches, whether enclosed or unenclosed, shall be considered as part
of the principal building and shall not project into a required front
yard.
[Amended 5-3-2017 by L.L.
No. 1-2017]
An open space extended across the entire width of the lot
between the rear wall of the principal building and the rear line
of the lot, and unoccupied except for accessory buildings and open
porches.
An open space on the same lot with a principal building between
the principal building and the side line of the lot and extending
through from the front yard to the rear yard, into which space there
shall be no extension of building parts other than two feet, rainwater
leaders, windowsills, and other such fixtures and open steps.
A person appointed by the Town Board of the Town of Halfmoon
to initially review applications for subdivisions and site plans to
determine compliance with the setback/area requirements or uses permitted
by the local laws of the Town of Halfmoon.
[Added 3-4-2015 by L.L.
No. 3-2015]
