Words used in the present tense include the future; the singular number shall include the plural, and the plural the singular; the word "structure" shall include the word "building," the word "used" shall include "arranged," "designed," "constructed," "altered," "converted," "rented," "leased" or "intended to be used;" and the word "shall" is mandatory and not optional.
Unless the context otherwise requires, the following definitions shall be used in the interpretation and construction of this chapter:
- ACCESSORY USE OR STRUCTURE
- A use or structure subordinate to the principal use of a building on the same lot and serving a purpose customarily incidental to the use of the principal building.
- AREA VARIANCE
- Authorization by the Zoning Board for use of land in a manner
which is not allowed by the dimensional or physical requirements of
the applicable zoning regulations.[Added 3-14-2005 by L.L. No. 4-2005]
- AUTOMOBILE OR TRAILER SALES AREA
- An open area, other than a street, used for the display, sale or rental of new or used motor vehicles or trailers in operable condition and where no repair work is done.
- The place where a vessel lies when at anchor or at wharf.[Added 8-14-1989 by L.L. No. 6-1989]
- A structure which has direct access to a body of navigable
water and is used for the storage of vessels and associated equipment
and does not have bathroom or kitchen facilities and is not designed
or used for lodging or residency.[Added 8-14-1989 by L.L. No. 6-1989]
- BOAT STORAGE, PRIVATE
- A place, site or structure used to park, house or store on
any one lot three or fewer vessels, excepting canoes, rowboats and
sailboats.[Added 8-14-1989 by L.L. No. 6-1989]
- BOUNDARY LINE ADJUSTMENT
- The transfer of a small amount of land to an adjacent landowner which does not create an additional parcel or lot of land and is in compliance with the provisions of § 87-3.1 of the Town of Fort Edward Land Subdivision Regulations.[Added 12-28-2011 by L.L. No. 1-2011]
- BUFFER ZONE
- An unpaved natural area designed to reduce the possibility
of adverse impact land use on water quality and/or conflicts of land
use between two or more areas.[Added 8-14-1989 by L.L. No. 6-1989]
- A structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals or property.
- BUILDING HEIGHT
- The vertical distance measured from the mean level of the ground surrounding the building to a point midway between the highest and lowest point of the roof, but not including chimneys, spires, towers, tanks and similar projections.
- BUILDING, PRINCIPAL
- A structure in which is conducted the principal use of the site on which it is situated. In any residential district, any dwelling shall be deemed to be a "principal building" on the lot on which the same is located.
- CAR MAINTENANCE FACILITY
- Any building, premises and/or land in which or upon which
the primary use is a business which involves the service, maintenance,
or repair of personal automobiles, their motors, and all components
thereof, including the repair of the body or frame of an automobile,
including painting, straightening, sanding and welding, within an
enclosed structure and in which the sale of materials is clearly incidental
to the primary use.[Added 8-1-2014 by L.L. No. 1-2014]
- CAR WASH
- A service business where motor vehicles are cleaned and in
which accessory products may be sold.[Added 8-1-2014 by L.L. No. 1-2014]
- CONVENIENCE STORE
- A retail establishment offering for sale prepackaged food
products, household items, newspapers and magazines, sandwiches and
other prepared foods, generally for off-site consumption, but which
may offer limited seating without wait service. This use may offer
gasoline sales as a use.[Added 8-1-2014 by L.L. No. 1-2014]
- Any building or portion thereof designed or used exclusively
as the residence or sleeping place of one or more persons, except
a mobile home.[Amended 6-27-1988 by L.L. No. 3-1988]
- DWELLING, MULTIPLE
- A building or portion thereof used or designed as a residence for three or more apartment or dwelling units.
- DWELLING, SINGLE-FAMILY
- A detached building designated for or occupied exclusively by one family and containing not more than one dwelling unit.
- DWELLING, TWO-FAMILY
- A detached or semidetached building where not more than two individual family or dwelling units are entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or to a common cellar.
- Includes wire, wood, stone, brick or any other kind of ordinary fence material, and also includes hedgerows and bushes, shrubs or evergreen trees planted or growing so as to form a continuous line which is capable of obstructing the view.
- GROCERY STORE
- Any building or structure or portion thereof, having more
than 5,000 square feet in gross floor area, used for the retail sale
of a variety of goods, which may include dairy products, baked goods,
fresh or prepared meats, beverages, fresh or prepared foods, fresh
fruits and vegetables, canned foods, dry goods, and automotive, household,
health, and stationery supplies, and which may also include seating
for on-site consumption.[Added 8-1-2014 by L.L. No. 1-2014]
- HOME OCCUPATION
- Any use customarily conducted entirely within the principal structure and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the principal structure and does not change the character thereof. (See § 108-43.)
- A place of storage or deposit, whether in connection with
another business or not, where motor vehicles, engines, bulldozers,
cranes and other construction equipment, airplanes, boats, major household
appliances, furniture, farm machinery or other large equipment or
the parts thereof, are held, whether for the purpose of resale of
used parts therefrom, for the purpose of reclaiming for use some or
all of the materials thereof, whether metal, glass, fabric or otherwise,
for the purpose of disposing of the same or for any other purpose.
By the open storage or deposit of any two such items, or of the parts
thereof, such that the recombination of such parts would be substantially
similar to two such items, a rebuttable presumption is created that
such open storage or deposit is a "junkyard." The presumption may
be rebutted by such evidence as a currently valid motor vehicle registration,
together with proof of insurance coverage, and a current inspection
with respect to motor vehicles or, with respect to such other items,
evidence demonstrating current fitness for the original intended purpose,
as well as evidence that such storage or deposit is less than 90 days;
provided, however, that the term "junkyard" shall not be construed
to mean an establishment having facilities for processing iron, steel
or nonferrous scrap and whose principal produce is scrap iron, steel
or nonferrous scrap, for sale, for remelting purposes only.[Amended 6-27-1988 by L.L. No. 3-1988]
- A piece or parcel of land occupied or intended to be occupied by a principal building or a group of such buildings and accessory buildings or utilized for a principal use and uses accessory or incidental to the operation thereof, together with such open spaces as required by this chapter, and having frontage on a public street.
- LOT AREA
- The computed area contained within the lot lines.
- LOT, CORNER
- 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 lot lines is the "corner."
- LOT DEPTH
- The mean horizontal distance between the front and rear lot lines.
- LOT LINE, FRONT
- The line separating the lot from a street.
- LOT LINE, REAR
- The lot line opposite and most distant from the front lot line.
- LOT LINES
- The property lines bounding the lot.
- LOT LINE, SIDE
- Any lot line other than a front or rear lot line. A "side lot line" separating a lot from a street is called a "side-street lot line."
- LOT LINE, STREET OR ALLEY
- A lot line separating the lot from a street or alley.
- LOT WIDTH
- The distance between the two side lot lines measured at the required setback line.
- Any waterfront facility which provides accommodation services
for vessels by engaging in any of the following:[Added 8-14-1989 by L.L. No. 6-1989]
- (1) The sale of marine products or service.
- (2) The sale, lease, rental or charter of vessels of any type.
- (3) The sale, lease, rental or any other provisions of storage, wharf space or mooring for vessels not registered to the owner of said facility, a member of the owner's family, the owner or lessee of the immediate families or an overnight guest on said property.
- MOBILE HOME
- Any portable vehicle which is designed to be transported
on its own wheels or those of another vehicle, which is used or capable
of being used as living or sleeping quarters for permanent residence.[Amended 6-27-1988 by L.L. No. 3-1988]
- MOBILE HOME PARK
- Any parcel of land which is planned and improved for the
placement of two or more mobile homes which are used as dwellings.[Amended 6-27-1988 by L.L. No. 3-1988; 1-10-2005 by L.L. No. 2-2005]
- Any anchor, chain, buoy, pennant or other object by which
a vessel is secured at one point.[Added 8-14-1989 by L.L. No. 6-1989]
- NONCONFORMING USE
- A use of land lawfully existing at the time of enactment
of this chapter or any amendment thereto, which does not conform to
the regulations of the district or zone in which it is situated.[Amended 6-27-1988 by L.L. No. 3-1988]
- OPEN AMUSEMENT USE
- Temporary amusement apparatus associated with carnivals,
circuses and like uses.[Added 6-27-1988 by L.L. No. 3-1988]
- PLANNED DEVELOPMENT GROUP
- A structure or a group of structures designed to be maintained and operated as a unit in single ownership or control by an individual, partnership, corporation or cooperative group and which has certain facilities in common, such as yards and open spaces, recreation areas, garages and parking areas.
- PLANNING BOARD
- The Planning Board of the Town of Fort Edward.
- SEASONAL MOORING
- Any vessel that is secured at a mooring that is owned, leased
or rented by one entity for more than a period of seven consecutive
days.[Added 8-14-1989 by L.L. No. 6-1989]
- A name, identification, description, display or illustration
or any other visual display which is affixed to or painted or represented
directly or indirectly upon a building, structure or piece of land
and which directs attention to an object, product, place, activity,
person, institution, organization or business. 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, state, county, municipality,
school or religious group. A "sign" shall not include a sign located
completely within an enclosed building, except that illuminated or
animated signs within show windows shall be considered "signs." Each
display surface of a sign shall be considered to be a "sign."[Amended 6-27-1988 by L.L. No. 3-1988]
- SIGN, ADVERTISING
- A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than on the premises where the sign is located.
- Anything constructed, the use of which requires permanent location on the ground or attachment to something having permanent location on the ground, including stationary and portable carports.
- See "grocery store."[Added 8-1-2014 by L.L. No. 1-2014]
- TOWN BOARD
- The governing body of the Town of Fort Edward.
- USE VARIANCE
- Authorization by the Zoning Board for use of land for a purpose
which is otherwise not allowed or is prohibited by the applicable
zoning regulations.[Added 3-14-2005 by L.L. No. 4-2005]
- VEHICLE SALES AND SERVICE BUSINESS
- Any business engaged in the sales, service, leasing or rental
of any type of motorized vehicle, including, but not limited to, automobiles,
trucks, buses, motor homes, motorcycles, all-terrain vehicles, tractors,
bulldozers, snowmobiles, boats, jet skis, personal watercraft, and
motorized scooters.[Added 1-10-2005 by L.L. No. 1-2005]
- An open space which lies between the principal building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward, except as herein permitted.
- YARD, FRONT
- An open space extending the full width of the lot between a principal building and the front lot line, unoccupied and unobstructed from the ground upward.
- YARD, REAR
- An open space extending the full width of the lot between a principal building and the rear lot line, unoccupied and unobstructed from the ground upward.
- YARD, SIDE
- An open space extending from the front yard to the rear yard between a principal building and the nearest side lot line, unoccupied and unobstructed from the ground upward.
- ZONING BOARD
- The Zoning Board of Appeals of the Town of Fort Edward.