A.Â
The masculine includes the feminine, the singular includes the plural, and the present tense includes the future tense.
B.Â
The word "person" includes an individual, partnership, trust, limited-liability company, or corporation.
C.Â
The word "shall" is mandatory. The word "may" is permissive.
D.Â
The word "lot" includes the word "plot" or "parcel."
E.Â
A reference to a residence or residential district shall be interpreted to mean a district with the word "residential" in its title.
F.Â
A "building" or "structure" includes a part thereof.
As used in this chapter, the following terms shall have the meanings indicated:
To end the use of a lot or structure that was a nonconforming structure or a nonconforming use, or a change from a nonconforming use to another nonconforming use or to a conforming use. See § 280-32.
A structure or building detached from and subordinate to a principal building on the same lot and used for purposes customarily incidental to those of the principal building.
An accessory structure that is 15 feet or more in height or 200 or more square feet in area.
An accessory structure that is less than 15 feet in height and less than 200 square feet in area.
A use that is incidental and subordinate to the principal use and located on the same lot with such principal use.
A use subject to Chapter 111 of the Town Code.
An advertisement, pictorial or otherwise, and a structure used as, or for the support of, a notice or advertisement, for the purpose of making anything known about goods, services or activities not on the same lot as the advertising structure.
A district established by Albany County and approved by the NYS Department of Agriculture and Markets.
The use of land for the primary purpose of obtaining a profit by raising, harvesting, and selling crops, breeding, managing, selling, or producing livestock, poultry, furbearing animals or honeybees, or by dairying and the sale of dairy products, by any other horticultural, or viticulture use, aquaculture, hydroponics, silviculture, by animal husbandry, or by combination thereof. It also includes the use of land for the primary purpose of obtaining a profit by stabling or training equines, including but not limited to providing riding lessons, training clinics and schooling shows, and other on-farm niche marketing promotions.
A public or private way not more than 30 feet wide affording only secondary means of access to abutting property.
To vary or modify without changing the basic or essential character of something. See "structurally alter."
A place where more than three electronic and/or mechanical devices are located for use, for a charge, by the public for amusement purposes.
The area comprised of land adjacent to a continuous or intermittent watercourse where there is a slope of 12° or greater. This area is established by an angle of 12° beginning at the intersection of the slope with the horizontal plane of the watercourse, running perpendicular to the slope, and terminating at grade elevation. See § 280-30.
A place where animals are given medical treatment and boarded for such treatment. The use as a kennel shall be limited to short-time boarding and shall be incidental to such hospital use.
A system of poles, rods, wires, disks or similar devices used in transmitting or receiving electromagnetic waves or wireless signals, which are external to or attached to the exterior of a building, including, but not limited to, a radio tower, mast, aerial, radio antenna, satellite or broadcast television antenna, whip antenna, inverted-V antenna, collinear antenna, yagi antenna, paraobolic antenna, and microwave antenna. See § 280-40, Supplemental regulations.
A building with three or more dwelling units.
An application that includes the following:
A completed application form together with all information concerning a proposed project in the format as specified by this chapter;
The payment of application fees required by this chapter and the professional review fee escrow deposit, if any, required by the reviewing board;
An environmental assessment from ("EAF") or draft environmental impact statement ("DEIS"), if required, assessing the potential environmental impacts of the proposed project;
A determination by the reviewing agency, or by the lead agency in the event of coordinated review, that the proposed project is not likely to have a significant impact on the environment (negative declaration), or the filing of a notice of completion of a draft environmental impact statement in accordance with the provisions of the State Environmental Quality Review Act ("SEQRA").
For the purpose of excavation and mining, on-site operations involved in the treatment, processing or further fabrication of soil, sand, gravel or natural deposits, including washing, sedimentation ponds, grading, sorting, grinding operations, concrete batching plants, asphalt mixing plants and aggregate dryers. See § 280-40, Supplemental regulations.
A structure or lot where two or more motor vehicles in operating condition are offered for sale or are displayed. See § 280-40, Supplemental regulations.
A place where gasoline or other motor vehicle engine fuel (stored only in underground tanks), kerosene, motor oil, lubricants, grease (for operation of motor vehicles), or minor accessories are sold directly to the public on the premises and where the servicing or repair of automobiles, or installation of mufflers or other specialty items, may occur. An automobile service station shall not include sale or storage of automobiles or trailers, new or used, and shall be licensed by the NYS Department of Motor Vehicles. See § 280-40, Supplemental regulations.
An establishment licensed under the laws of the State of New York where alcoholic beverages are sold to be consumed on the premises. Food may be served if secondary and incidental to the business.
A story whose floor is more than 1/2 of its story height below the average level of the surrounding ground.
An owner-occupied dwelling which provides overnight accommodations for transient guests and may include serving breakfast only to such guests.
A 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.
A combination of physical space and vertical elements, such as plants, woodlands, hedges, berms, fences or walls, the purpose of which is to separate and screen incompatible land uses from each other and/or to protect wildlife habitats, wetlands, stream corridors and other environmental features.
Land excluding state- or federally regulated wetlands, water bodies, floodways, the area within the angle of repose, including the environmental setbacks and buffers of these features, and preexisting developed areas of the lot.
A 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. See "accessory structure or accessory building."
The Town of Guilderland Building Department.
A group of two or more principal buildings and buildings accessory thereto, occupying a lot in common ownership and having a yard in common.
See "height of a building."
The 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.
A building surrounded by open space on the same lot.
A building in which is conducted the principal use of the lot on which the building is situated.
A building attached by a party wall to another building normally of the same type on another lot, but having one side yard.
A term used to describe the size, volume, area and shape of a building, structure, or lot.
A business operating pursuant to a license issued under the New York State Cannabis Law and its regulations that authorizes the retail sale of cannabis products to adults. See § 280-40, Supplemental regulations.
[Added 6-21-2022 by L.L. No. 6-2022]
A device that allows for charging a battery or electrical unit for a motor vehicle that operates in part or in whole on electrical energy.
An enclosure that allows chickens to leave a henhouse in an enclosed, predator-free environment.
A building whose primary use is medical services for outpatient medical or ambulatory surgical care, including but not limited to medical, dental, psychiatric, psychological, chiropractic, dialysis, acupuncture services and physical or occupational therapy, including treatment and diagnostic centers as regulated by the NYS Public Health Law. A clinic does not include a hospital, medical office, or facility providing inpatient or overnight care for humans or animals.
A building or use exclusively for members and their guests for social and/or recreational purposes and not operated for profit.
The space reserved for use by residents of a housing development, including but not limited to halls, stairways and landings.
The Comprehensive Plan as adopted by the Town Board in accordance with NYS Town Law § 272-a, including neighborhood and hamlet studies, reports, and descriptive materials prepared pursuant to the Comprehensive Plan, and authorized and accepted by the Town Board.
A use involving construction equipment, heavy vehicles, and other materials for construction, excavation and other similar uses, which are stored in a contractor yard.
A one-family dwelling contiguous to one or more one-family dwellings separated by a party or common wall.
A lot or portion thereof used for construction equipment, heavy vehicles, and materials and facilities customarily required in the contractor's trade.
A building or portion thereof, not exceeding 20,000 square feet in gross floor area, used for the retail sale of goods, including dairy products, fruits and vegetables, baked goods, meats, beverages, prepared foods, and coffee for on-site or off-site consumption, and may include the sale of canned foods, dry goods, and household, health and stationery supplies, and may include limited seating for on-site consumption without wait service. A convenience store does not include the retail sale of motor vehicle fuel.
A convenience food store including retail sale of motor vehicle fuel.
A facility that is licensed to operate a day-care center by the NYS Department of Social Services under Part 418 of the NYS Department of Social Services regulations.
To lay down, place, put or let fall.
The standards and recommendations governing the physical form and appearance of development within a particular district. Design standards are administered by the Zoning Board and Planning Board and applied to applications subject to their review. See § 280-39A.
The part of the Country Hamlet District that may be used for home sites and development features, and does not include open space.
A report submitted to the Planning Board that describes existing conditions and proposed development patterns within the Country Hamlet District.
The width of the main stem of a tree or shrub measured at an elevation of four feet above ground level.
A building permit has been issued and construction of the principal structure is underway.
Each district shall be deemed to be more restricted than the districts which follow it: Open Space (OS), Agricultural (A), Rural Agricultural-3 (RA3), Rural Agricultural-5 (RA5), Residential Overlay (RO), Country Hamlet (CH), Single-Family Residential (R40, R30, R20, R15, R10), Multiple Residence (MR), Townhouse Dwelling (TH), Planned United Development (PUD), Manufactured Housing (MH), Business Non-Retail Professional (BNRP), Local Business (LB), General Business (GB), Industrial Park (IP), and Industrial (I).
The conveyance of stormwater, surface water or groundwater from the land by means of surface or subsurface drains.
An open lot or part thereof for the showing of moving pictures to patrons seated in motor vehicles or on outdoor seats. See § 280-40, Supplemental regulations.
A lot or land used for the disposal, abandonment, dumping, burial, burning, or other means and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles, or parts thereof, or waste material.
The unloading, depositing or letting something fall in a heap of unshaped mass.
A building or part thereof used as a residence by one or more persons.
One 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 building or part thereof used as a residence by three or more families and containing three or more dwelling units.
A building used as a residence by not more than one family, containing one dwelling unit only.
A single-family dwelling unit which is one of a series of non-communicating dwelling units having a common wall between each adjacent dwelling unit with each dwelling unit having a private outside entrance and individual yard area, and may have open space, accessory structures and/or parking areas shared in common.
A building used as a residence 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.
The wearing away of land surface by running water, wind, ice or other geological agents, including but not limited to such processes as gravitational creep.
The control of erosion and sediment by practices outlined in the NYS Standards and Specifications for Erosion and Sediment Control Manual.
The 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.
The removal of stone, sand, gravel, soil (including topsoil) or other natural deposits by stripping, digging or other means. See § 280-40, Supplemental regulations.
One or more persons living together as a single, permanent, not transitory, housekeeping unit, and sharing common kitchen facilities and access to all parts of a dwelling unit. A "family" shall not consist of a club, fraternity, sorority, or a group occupying a boardinghouse.
An apartment that is secondary to the primary residential use of a home and complies with applicable regulations. See § 280-40, Supplemental regulations.
A residence that has been issued a permit to operate a family day-care home by the NYS Department of Social Services under Part 417 of the NYS Department of Social Services regulations.
A minimum five acres of land used for agricultural purposes.
A structure involving the sale of agricultural products that were locally grown, raised or produced. See § 280-40, Supplemental regulations.
A barrier of wood, masonry, stone, wire, metal or other manufactured material.
A fence made of decorative or ornamental material such as split rail, redwood, pine and the like, and the type of fence where the ratio of transparent to opaque area is 3 to 1 or greater. A decorative fence in a front yard shall have a maximum height of four feet.
A fence where the ratio of transparent to opaque area is less than 3 to 1.
An accessory building, not exceeding 750 square feet in area, for use as a construction office on a temporary basis, not exceeding one year or the completion of land development activity, whichever is earlier. This deadline may be extended by the Zoning Inspector upon the submission of satisfactory proof that the field office is necessary for ongoing construction. No storage of material, supplies, and equipment shall be allowed.
The depositing of natural or artificial material that raises the existing grade of land or modifies the surface of water bodies.
The sum of the horizontal areas of floors of a building, excluding common areas for retail or service uses, including hallways, elevators, escalators, stairs, closets, and similar spaces, unenclosed or unheated porches, basement areas and garages, measured from the interior face of exterior walls, except that basement space used for retail or service uses shall be included for purposes of calculating accessory off-street parking requirements.
The light produced by one candle at one foot from the source of the light.
An enclosed space for the storage of one or more motor vehicles, provided that no business, occupation or service is conducted therein.
A garage, other than a private garage, for the storage, repair, greasing, washing, servicing, adjusting or equipping of motor vehicles, excepting the equipping or installing of parts that is incidental to the retail sale of such parts or equipment.
A use primarily engaged in the sale of trees, shrubs, plants, landscaping or materials; and/or seeds, bulbs, mulch, soil conditioners, fertilizers, pesticides, garden tools or other garden supplies.
The finished ground level adjoining the building at all exterior walls.
The final grade level of the ground at the front line of the building.
The natural surface of the ground, or surface of the ground after completion of a change in contour.
A residence that has been issued a permit to operate a group family day-care home by the NYS Department of Social Services under Part 416 of the NYS Department of Social Services regulations.
A road constructed or improved by the operator which enters or exits from an excavation, mine, quarry site, or similar activity. See § 280-40, Supplemental regulations.
A type of bush, plant or natural growth which can serve the purpose of a fence.
The vertical distance measured from the average elevation of the proposed finished grade at the front entrance of the building to the highest point of the roof for flat roofs, to the deck line for mansard roofs and to the median height between eaves and ridge for gable, hip and gambrel roofs (see diagram at § 280-24).
[Amended 9-17-2019 by L.L. No. 10-2019]
An accessory structure for sheltering chickens. See § 280-40, Supplemental regulations.
An occupation, profession or business operated in a dwelling unit that is incidental and secondary to the use of a dwelling unit for residential purposes. See § 280-40, Supplemental regulations.
An institution authorized by the NYS Department of Health which provides health services, primarily for inpatients, and medical or surgical care of the sick or injured, including, as an integral part of the institution, such related facilities as laboratories, outpatient facilities, training facilities, central service facilities and staff offices. A hospital does not include a clinic, medical office building, or facility providing inpatient or overnight care for animals.
A building for renting or using rooms by the general public for transient lodging where each room is accessible from an interior hallway and no exterior entrance to a room is provided, and may include kitchenettes, and other facilities for use by guests. A hotel may include restaurants, meeting rooms, personal services, recreational facilities, and other similar accessory uses. The term "hotel" excludes a motel, bed-and-breakfast, inn, and boardinghouse.
A hotel with a height exceeding either three stories and/or 45 feet. See § 280-40, Supplemental regulations.
A hotel with a height not exceeding three stories or 45 feet.
The practice, process, or methodology of applying fluid, propping material, sand, chemicals or other materials under high pressure or other means to create fractures or fissures in rock bearing gas, oil or similar products.
Buildings and areas on the ground or elevated above the ground which are comprised of materials through which water cannot readily flow, including, but not limited to, asphalt, concrete, masonry, wood, gravel and clay, and which consist of elements including, but not limited to, courtyards, sports courts, swimming pools, patios, sidewalks, ramps, terraces and driveways.[1]
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 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. See § 280-40, Supplemental regulations.
Rubbish, debris, ordinary household or store trash, barrels, cartons, boxes, crates, furniture, appliances, wood, cloth, rugs, clothing, rags, mattresses, blankets, tree trimmings, grass clippings, stumps and similar garden waste; dead animals, hay, fodder, feed, meal or other discarded animal or vegetable matter originally intended for animal consumption; factory mill waste, shavings, sawdust; goods that are so worn, deteriorated or obsolete as to make them unusable for their original purpose in their existing condition, but are subject to being dismantled, including but not limited to used paper, scrap iron, scrap tin, scrap brass, scrap copper, scrap lead or scrap zinc and other scrap metals and their alloys and rags, used cloth, used rubber, used rope, used tinfoil, used bottles, old or used machinery, inoperable motor vehicles, used tools, appliances, fixtures, utensils, lumber, used pipe or pipe fittings and used tires.
A lot, land or structure, or part thereof, except an authorized recyclable handling facility, used for the collecting, storage or sale of junk, wastepaper, rags, scrap metal or discarded material; or the collecting, dismantling, storage, processing or salvaging of machinery or vehicles 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 a nuisance to property or persons off the site.
The keeping, boarding, or caring of more than three dogs that are more than six months old. See § 280-40, Supplemental regulations.
The 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 20 feet at any point. The area of the keyhole access shall not be included in determining the minimum lot area compliance.
An activity including clearing, grading, excavating, soil disturbance, or placement of fill resulting in land disturbance of more than one acre of land. 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.
A use engaged in maintaining and/or installing landscaping, lawns, and/or related improvements, including the storage of equipment, materials, and/or supplies. See § 280-40, Supplemental regulations.
The dividing line between the street or highway and abutting real properties.
A parcel of land under separate ownership or parcel of land designated as a separate parcel on a plat map or deed filed or recorded in the Albany County Clerk's office.
The area contained within lot lines, exclusive of street or alley rights-of-way or future rights-of-way if such have been determined.
The lot area or percentage of lot area covered by buildings or structures, including accessory buildings, structures, and impervious surfaces.
The distance between side lot lines, measured at the street line.
A parcel of land designated as a separate parcel on a plat map or deed filed or recorded in the Albany County Clerk's office prior to the effective date of this chapter as shown in the records of the Town Clerk.
The distance between side lot lines, measured at the building front line.
A lot or portion of a lot at the junction of and abutting two intersecting streets. See diagram at § 280-24.
A lot located between a keyhole lot and the road or street.
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 20 feet wide.
A lot other than a corner lot which fronts on two streets, or upon a street and a right-of-way with a minimum width of 25 feet.
An accessory structure used for the storage of equipment, materials, and supplies for maintaining the buildings and grounds of a principal use.
A parcel of land planned and improved for the placement of manufactured housing 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 use engaged in the basic processing and/or manufacturing of materials prohibited under § 280-22E of materials or products predominately from extracted or raw materials, or a use engaged in storage or manufacturing that potentially involves hazardous or commonly recognized offensive conditions.
[Amended 2-7-2017 by L.L. No. 3-2017]
A use engaged in the manufacture of finished products or parts, predominately from previously prepared or assembled materials, including, but not limited to, fabrication, assembly treatment, packaging, and incidental storage, and distribution of such products, or the processing and manufacturing of products from extracted, raw or processed materials.
[Amended 2-7-2017 by L.L. No. 3-2017]
The use of land for the purpose of extracting stone, sand, gravel, or other minerals, as defined in NYS Environmental Conservation Law § 23-2705. See § 280-40, Supplemental regulations.
A building in which permitted residential uses are allowed with permitted nonresidential uses. See § 280-40, Supplemental regulations.
A mixed-used building with a maximum gross floor area of 25,000 square feet. The residential use shall not exceed 12 dwelling units per building. Permitted nonresidential uses are limited to a use permitted in the LB District.
A mixed-use building with a maximum gross floor area of 15,000 square feet. The residential use shall not exceed two dwelling units per building. Permitted nonresidential uses are limited to a use permitted in the BNRP District.
A building for renting or using rooms by the general public for transient lodging where each room has an exterior entrance, and may include kitchenettes and other facilities for use by guests. The term "motel" includes a tourist court, motor lodge, auto court, and similar uses and excludes an hotel, bed-and-breakfast, inn, and boardinghouse.
See "dwelling, multiple-family."
A city, town, or village and the County of Albany.
A lot that complied with a prior zoning chapter and lawfully existed at the time of the adoption of this chapter, or amendment thereto, but which lot does not conform to the regulations imposed by this chapter or such amendments thereto, and has not been abandoned.
A structure that does not conform to the dimensional, bulk, and off-street parking requirements for the district in which it is situated and the structure was lawful at the time it was constructed, and has not been abandoned. A nonconforming building shall be deemed a nonconforming structure.
A use of land, building or structure that complied with a prior zoning chapter and which use lawfully existed at the time of the adoption of this chapter, or amendment thereto, but which use does not conform to the use regulations imposed by this chapter or such amendments thereto, and has not been abandoned.
The following districts shall be considered nonresidential districts: BNRP, LB, GB, IP, and I.
A permit available for an eligible solar energy system and available on the Town's website on the Building/Zoning Department's web page.
[Added 4-21-2020 by L.L. No. 1-2020]
A building whose principal use is offices for administrative, governmental, public utility, sales or professionals, excluding medical offices.
A building whose principal use is offices for medical, dental, psychiatric, psychological, chiropractic, acupuncture and other professions regulated by the NYS Education Department's Office of the Professions. A medical office does not include hospitals, clinics or overnight occupancy.
The use of machinery, equipment, processes, and/or materials to explore for, drill for, or extract oil, gas or similar products, including, but not limited to, digging a well to a depth above the target rock formation bearing the oil, gas, or similar product, or on a curve so that the hole is drilled horizontally, or at an angle within the rock formation bearing the gas, oil or similar product.
Area unoccupied by a building, structure or parking area, whether paved or unpaved, and shall be exclusive of required yard areas.
The portion of the Country Hamlet District that has been set aside for permanent protection from development. These lands are those that have important ecological functions, natural resources, or cultural resources and may contain, but are not limited to, forests, farmland, fields, floodplains, wetlands, and stream banks. Open space may encompass scenic vistas, recreational areas, and historic sites.
Equipment, device, or part thereof, which is situated outdoors for the combustion of fuel to produce heat or energy used as a component of a heating system providing heat for a space or water source. See § 280-40, Supplemental regulations.
The unenclosed placement of objects or materials.
A principal or accessory structure, other than a private garage, used for parking or temporary storage of motor vehicles, boats and trailers.
A parking facility with more than one floor.
A permanently surfaced and marked area for parking a motor vehicle.
A use designated as such in this chapter and shall not include a nonconforming use or a use requiring a site plan approval or special use permit.
The Planning Board of the Town of Guilderland.
An object affixed between a pole and an antenna for the purpose of increasing the height of the antenna above a pole.
[Added 5-21-2019 by L.L. No. 4-2019]
A structural feature with a floor that is attached to the entrance of a building, is external to the walls of the building, and is open on three sides.
A lot, together with all structures and uses thereon.
The following structures or uses:
A building and related equipment used to provide water, electric, energy transmission, gas, sanitary, drainage, telephone, telecommunications, or other public service.
The conditioning of areas affected by mining or excavation to make them suitable for a use or purpose consistent with the Comprehensive Plan.
The written proposal prepared by a qualified professional for the reclamation of land used for mining or excavation, and, where relevant, grading specifications and manner and type of revegetation. See § 280-40, Supplemental regulations.
A recreational activity provided on a fee-for-service basis, such as private outdoor and/or indoor recreational facility, golf course, playground, swimming pool, ice rink, tennis court, and fishing and hunting preserve, water park, tennis court, driving range, basketball court, handball and racquets courts, baseball and softball field, football field, soccer and lacrosse field, polo field, track, and riding rink.
A recreational activity that generally does not require a developed site, such as hiking, horseback riding, cross-country skiing, and picnicking.
A materials processing facility at which previously separated nonputrescible recyclables are processed, including, but not limited to, glass, paper, metals, plastic, textiles, and electronics. The composting or other reuse of biodegradable waste, such as food or garden waste, is not considered recycling.
The use of real property for the purpose of religious exercise shall be considered to be religious exercise of the person or entity that uses or intends to use the property for that purpose and is subject to the Religious Land Use and Institutionalized Persons Act of 2000 ("RLUIPA"), as may be amended. The term "religious exercise," as defined in RLUIPA, shall include the exercise of religion, whether or not compelled by, or central to, a system of religious belief.
A use engaged in medical or scientific research, testing or experimentation, but not the manufacture or sale of products except as incidental to the primary use.
A building or part thereof which contains living and sleeping accommodations for permanent occupancy, including one-family, and multifamily residences, but shall not include the following:
A facility approved by the State of New York which is designed for residents with physical, cognitive, or memory needs. The facility shall provide housing, on-site monitoring, case management services, and personal care services and/or home care services. The facility does not typically provide in-room cooking facilities and generally provides for congregate meals, and does not provide intensive medical or nursing services. See § 280-40, Supplemental regulations.
[Amended 9-17-2019 by L.L. No. 10-2019]
The following districts shall be considered residential districts: A, RA3, RA5, R40, R30, R20, R15, R10, MR, TH, PUD, and MH.
A facility for residents over the age of 55 years and/or disabled residents in which no individual or entity provides, arranges for or coordinates (either directly or indirectly) on-site personal care or home care services upon behalf of residents, and the facility does not provide case management services in a congregate care setting for residents. A resident may obtain private personal care or home care services from a licensed or certified home care agency. See § 280-40, Supplemental regulations.
[Amended 9-17-2019 by L.L. No. 10-2019]
A facility approved by the State of New York which is designed for frail elderly and chronically disabled residents. The facility shall provide twenty-four-hour medical care, activities, supervision, and social services and may offer a wide range of medical-based services, including rehabilitation, occupational and physical therapy, and services to residents with special needs, chronic or life-threatening conditions. See § 280-40, Supplemental regulations.
[Amended 9-17-2019 by L.L. No. 10-2019]
A building where patrons may order and/or pick up food or beverages from a vehicle.
A building 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, 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 and either consumes the food at tables provided in or adjacent to the building, in vehicles on site, or elsewhere.
A building where patrons 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. Alcoholic beverages may also be served, but are secondary and incidental to the serving of meals.
A use involving the sale of goods, merchandise and services to the public.
A retail use in a structure with a maximum gross floor area of 250,000 square feet.
A retail use in a structure with a maximum gross floor area of 20,000 square feet.
A fee for placing and maintaining a small cell wireless facility in a public right-of-way, including the area on, below, or above a public roadway, highway, street, sidewalk, alley, utility easement, or similar property if government owned.
[Added 5-21-2019 by L.L. No. 4-2019]
The depositing of material by wind or water and settling of the material in a body of water.
A facility with individual compartmentalized units, stalls, or lockers that are rented as storage space for nonhazardous goods, business or household effects and other items of personal property. See § 280-40, Supplemental regulations.
[Added 5-21-2019 by L.L. No. 7-2019]
A fully enclosed building with individual compartmentalized units, stalls, or lockers that are accessible primarily from within the building and rented as storage space for nonhazardous goods, business or household effects and other items of personal property. See § 280-40, Supplemental regulations.
[Added 5-21-2019 by L.L. No. 7-2019]
The State Environmental Quality Review Act and regulations promulgated thereunder.
The minimum allowable horizontal distance from a given point or line of reference, such as a property line, street, right-of-way or future right-of-way, if such has been determined, to the nearest vertical wall of a building or structure as defined herein.
Two or more retail or service uses in a single structure or as a group of buildings with common access and parking facilities.
A shopping center where the combined total of all retail and service uses has a gross floor area exceeding 45,000 square feet but not more than 250,000 square feet.
A shopping center where the combined total of all retail and service uses has a maximum gross floor area of 45,000 square feet.
A shopping center where the combined total of all retail and service uses has a gross floor area exceeding 250,000 square feet.
A structure, device or display consisting of, but not limited to, a letter, symbol, trademark, model, banner, flag, pennant, insignia, light decoration, illustration, representation or combination thereof used for the purpose of advertisement, announcement, identification or other attention-directing intent for a business, article, substance or service. A sign does not include the flag, pennant or insignia of a governmental or religious institution and does not include a display of a court or official public notices.
The area of a sign shall be determined as the largest rectangle that is required to enclose the sign, including a frame or panel signs of individual letters, excluding supports, braces or guys. No more than two such rectangles may be used to enclose and measure the area of a sign.
A 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.
An 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.
A sign which directs attention exclusively to a 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.
A sign on which representation, especially pictorial, of the distinctive features or peculiarities of the subject are exaggerated or distorted to produce a comic, misleading or grotesque effect.
An 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.
A sign which is supported by a pole, pylon, upright, brace or similar manner placed in the ground and which stands free of a building or solid base structure.
A sign which has characters, letters, figures, designs or outline illuminated by electric lights, neon or luminescent tubing.
A sign which is permanently affixed to the ground at its base and supported entirely by a solid base structure only.
A sign, symbol or device erected and maintained by a governmental unit.
A sign which is painted directly on the surface of a wall or other structure.
A sign which physically represents an object of which contains an abstract, graphic logo, geometric design or other pictorial matter.
A 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.
A three-dimensional sign which is built so as to physically represent the object advertised.
A sign which is erected, constructed and maintained wholly upon or above the roofline of a building with the principal support on the roof or eave structure.
A sign, banner or other advertising device with or without a structural frame intended for a limited period of display, including decorative displays for holidays, public demonstrations or specific events.
A sign or poster on a surface or panel that may be affixed to the wall of a 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 continuous portion of a building face unbroken by doors or windows. It is the area in which structure-mounted signs are permitted.
A plan, prepared to scale, showing accurately and with complete dimensioning all of the uses proposed for a specific parcel of land.
A facility which meets the following conditions:
[Added 5-21-2019 by L.L. No. 4-2019]
The facility is:
Mounted on structures 50 feet or less in height including its antennas as defined in 47 CFR § 1.1320(d); or
Mounted on structures no more than 10% higher than other adjacent structures; or
Does not extend an existing structure on which it is located to a height of more than 50 feet or 10%, whichever is greater;
Each antenna, excluding associated antenna equipment, is no more than three cubic feet in volume;
All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any preexisting associated equipment on the structure, is no more than 28 cubic feet in volume;
The facility does not require antenna structure registration under 47 CFR Part 17 or similar applicable regulations; and
The facility does not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 CFR § 1.1307(b) or similar applicable regulations.
A solar photovoltaic collection device and equipment that uses solar radiation to generate energy. See § 280-40, Supplemental regulations.
A roof- or ground-mounted solar energy system designed to supply energy for a principal use on a residential or commercial parcel. See § 280-40, Supplemental regulations.
[Amended 4-21-2020 by L.L. No. 1-2020]
A ground- or roof-mounted solar energy system that produces power to off-site customers. See § 280-40, Supplemental regulations.
A building or lot used for social functions. See § 280-40, Supplemental regulations.
An authorization by the Zoning Board of Appeals to use land which is deemed permissible within a zoning district or districts, but which may have the potential to exhibit characteristics or create impacts incompatible with the purposes of such district, and is subject to conditions set forth for such use, as well as other applicable provisions of this chapter.
The portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above.
A story with a finished floor surface entirely above grade, except that a basement shall be considered as a story above grade where the finished surface of the floor above the basement is, at any point, more than six feet above the finished grade or grade level.
The 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 an avenue, place, way, drive, lane, boulevard, highway, road and other thoroughfare.
See "right-of-way" and "highway line."
The width of the right-of-way or the distance between property lines on opposite sides of a street.
An alteration whereby a building or other structure is adapted to another, different or expanded use.
Anything constructed or built, a building, or 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, and poles, excepting outdoor areas such as paved areas, walks, tennis courts and similar recreation areas, retaining walls, and fences.
A structure for swimming or recreational bathing capable of containing water over 24 inches (610 mm) deep, including, but not limited to, in-ground, above-ground and on-ground swimming pools, hot tubs, and spas. See § 280-40, Supplemental regulations.
A structure which supports telecommunications facilities, whether self-supporting lattice or monopole structure constructed from grade as a freestanding structure or a guyed tower or structure erected or intended for the use of one or more antennas for transmitting and/or receiving radio, television, digital, telephone, cellular, microwave or other similar electronic communications. The term "telecommunications tower" shall not include amateur radio operators' equipment, as licensed by the FCC. See § 280-40, Supplemental regulations.
A container designed to receive, transport or dump trash, rubbish, waste, debris, and/or garbage or other materials associated with construction or demolition, including, but is not limited to, roll-off dumpsters.
A structure or mobile trailer used at a construction site as a field office or for incidental storage purposes.
A container, other than an accessory building, used for temporary storage of personal property, building materials and equipment for use on a limited basis on a lot, including, but not limited to, a "pod" or self-storage container.
A structure used on a temporary basis and used only for the storage of items customarily incidental to the principal use and located on the same plot with such principal use.
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 200 cubic yards.
A structure or lot to which inoperable motor vehicles are towed. See § 280-40, Supplemental regulations.
[Added 9-5-2017 by Ord. No. 10-2017]
The Town of Guilderland, New York.
The Town Board of the Town of Guilderland, New York.
See "dwelling, Townhouse."
A mixed-use neighborhood where site design and layout allows for and encourages nonmotorized and less-intrusive methods of transportation.
A location for servicing trucks, including the sale of fuel and the provision of support facilities for truck drivers.
This term includes:
An authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or other requirements of this chapter.
An authorization by the Zoning Board of Appeals for the use of land in a manner or for a purpose which is otherwise not allowed or is prohibited by this chapter.
A vehicle with commercial license plates and either:
A wrecker, commercial trailer, semi-trailer, tractor-trailer, tractor, backhoe, front loader, loader, bulldozer, dozer, and similar vehicle or equipment with a gross vehicle weight in excess of 10,000 pounds.
A vehicle, self-propelled or towed on its own chassis or attached to the chassis of another vehicle or a portable dwelling, used for temporary living, recreation or sporting purposes. The term shall include but is not limited to a travel trailer, pickup camper, camping trailer, converted trucks, tent trailers, motor homes, coach motorized vehicles, buses, boats, boat trailers, skimobile trailers, snowmobile trailers, cycle trailers, racing vehicles, utility trailers, fifth-wheel trailers, and similar vehicles or equipment.
The Village of Altamont, New York.
The minimum requirements of purity of water for various uses.
A natural course or constructed channel for the flow of water. The flow of water may be continuous or intermittent.
Those areas that are inundated or saturated by surfacewater 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 NYS Department of Environmental Conservation.
A structure consisting of turbines and associated equipment for the conversion of wind energy into electrical power.
The area on the same lot with a building or a dwelling group, which area is unoccupied and unobstructed by a structure except as permitted elsewhere in this chapter.
The area extending the width of the lot between a building and front lot line, unoccupied and unobstructed from the ground upward except as permitted in this chapter. See diagram at § 280-24.
The area extending the width of the lot between a building and rear lot line. See diagram at § 280-24.
The 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.
The area extending from the front yard line to the rear yard line between a building and nearest side lot line, unoccupied and unobstructed from the ground upward except as permitted in this chapter. See diagram at § 280-24.
See "lot line, zero."
The Zoning Board of Appeals of the Town of Guilderland.
The Zoning Inspector of the Town of Guilderland. See § 280-41.
The Zoning and Land Use Law of the Town of Guilderland.
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Editor’s Note: The former definition of "Indoor self-storage facility," which immediately followed, was repealed 5-21-2019 by L.L. No. 7-2019. See now the definition of "Self-storage facility, indoor."
