As used in this chapter, the following terms
shall have the following meanings:
A use incidental and subordinate to the principal use or
building or located on the same lot with such principal use or building.
Accessory uses shall conform to all use, area, height and setback
requirements applicable to the use to which they are accessory.
The use of land, structures or location for an adult entertainment business or as an adult physical contact establishment as herein defined; and (See § 167-53.)
Any use of land, structure or location which,
by the provisions of the Penal Law, is required to restrict the access
thereto by minors; and
An establishment, location, building or structure
which features topless dancers, nude dancers or strippers, male or
female; and
A location, building or structure used for presenting, lending or selling motion-picture films, video cassettes, toys, paraphernalia, cable television or any other such visual media, or used for presenting, lending or selling books, magazines, publications, photographs or any other written materials distinguished or characterized by an emphasis of matter depicting, describing or relating to specific sexual activities or specific anatomical areas as provided by the Code of Malta. (For further definitions related to adult entertainment, see § 167-53.)
The use of land for the production for sale of crops, livestock
or livestock products, not including land used for processing or retail
merchandising of such crops, livestock or livestock products) [ref.
Agriculture and Markets Law § 301(4), 2005].
The use of land or building or structure for facilitating
the landing and handling of aircraft and their passengers and freight
and, without limiting the generality of the foregoing, accessory uses
may include ticket offices, confections, luggage-checking facilities
and parcel-shipping facilities.
To change or rearrange the walls, roof, ceiling, floors,
supporting beams, columns or other structural parts, interior plan
or layout, the exterior architectural features or the exit facilities
of a structure or the moving of a building from one location to another.
[Added 12-5-2005 by L.L. No. 12-2005]
An indoor establishment with the primary purpose of providing
amusement for individuals and families including laser tag, miniature
golf, video arcades, movie theaters, and go carts. Incidental activities
may include the sale of food and drink. Exceptions for outdoor uses
limited to activities which do not generate noise, such as miniature
golf.
[Added 2-1-2016 by L.L.
No. 1-2016]
A facility at which animals are treated for injury or disease
by a veterinarian or which provides general health care for animals.
An establishment devoted principally to the sale of antiques,
which are traditionally 50 years old or older.
[Added 2-1-2016 by L.L.
No. 1-2016]
A dwelling unit in a building for rent or lease for tenants,
excluding mobile homes.
A multiple dwelling in which units are leased to tenants,
other than a boardinghouse, hotel, motel, or bed-and-breakfast.
An establishment composed mostly of indoor recreational and
competitive swimming, therapy and diving pools, classroom spaces,
aquatic training spaces, locker rooms, restrooms, exercise/weight
areas, business offices, meeting rooms, outdoor spray pools, and spectator
seating. An Aquatic Center may operate as such despite exclusion of
one or more of these elements. Up to 20% of the gross floor area of
the principal building shall also be permitted as accessory uses,
such as food services, medical offices, retail shops and uses not
otherwise specifically prohibited. Food service uses shall be open
to the public to provide for the counter sale of food and beverages.
Retail shop use shall be open to the public for the sale of merchandise
and equipment for aquatic activities. Prohibited uses include drive-through
and other uses otherwise identified pursuant to any provision of Town
Code. For the purposes of site orientation, the front setback area
shall be the distance between the front building elevation and the
Route 67 right-of-way property line; if such a use is not developed
along Route 67, front setback shall be as defined in general Town
Zoning Code.
[Added 10-3-2016 by L.L.
No. 8-2016]
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings,
exclusive of uncovered porches, terraces and steps.
[Added 12-5-2005 by L.L. No. 12-2005]
The total area within the lot lines.
[Added 12-5-2005 by L.L. No. 12-2005]
Includes a building or a portion of a building used for gathering
together 50 or more persons for amusement, athletic, civic, dining,
educational, entertainment, patriotic, political, recreational, religious,
social or similar purposes, the entire area of which it is a part,
and the means of egress therefrom.
[Added 12-5-2005 by L.L. No. 12-2005]
Premises equipped with individual clothes washing machines
for the use by individual customers, or which provides dry cleaning
services.
An establishment including open areas and/or showrooms enclosed
within a building used for the display or sale of new or used automobiles,
trucks, cargo trailers, recreational vehicles, motorcycles, snowmobiles
and/or boats. Uses may include the general repair of such vehicles.
[Added 2-1-2016 by L.L.
No. 1-2016]
The repair, rebuilding or reconditioning of motor vehicles
or parts thereof for profit, including collision, service, painting
and steam cleaning of vehicles. Repair work performed outside of a
building if a vehicle is left dismantled overnight is not a conforming
use within the Town.
Any area of land, including structures thereon, that is used
or designated to be used for the supply of gasoline or oil or other
fuel for the propulsion of motor vehicles and which may include facilities
used or designed to be used for polishing, greasing, washing, spraying,
dry cleaning or otherwise cleaning or servicing or repairing such
motor vehicles.
A business chartered as a bank, trust company or credit union
by the State of New York or United States, and which is open to provide
services to walk-in or drive-up customers.
A strip of cloth or similar material upon which a sign is
printed.
[Added 12-5-2005 by L.L. No. 12-2005]
An establishment that primarily serves wine, beer or liquor
for consumption on the premises.
[Added 2-1-2016 by L.L.
No. 1-2016]
That space of a building that is partly below grade but which
has more than half of its height, measured from floor to ceiling,
above the average established curb level or furnished grade of the
ground.
[Added 12-5-2005 by L.L. No. 12-2005]
A dwelling having a resident on-premises host in a private
home in which at least one room is provided for overnight accommodation,
the rates for which include breakfast and lodging only, and in which
no public restaurant is maintained.
An owner-occupied dwelling in which overnight accommodations
for a maximum stay of one week and breakfast only is provided or offered
for transient guests for compensation, with a maximum of 10 rental
rooms. Regularly scheduled commercial indoor and outdoor activities
such as weddings/receptions/showers, business meetings and catered
events are permitted.
[Added 2-1-2016 by L.L.
No. 1-2016]
An owner-occupied dwelling in which overnight accommodations
for a maximum stay of one week and breakfast only is provided or offered
for transient guests for compensation, with a maximum of five rental
rooms. Such use is secondary to the occupancy of the dwelling by an
individual or family. Regularly scheduled commercial indoor or outdoor
activities such as weddings/receptions/showers, business meetings
and catered events are not permitted.
[Added 2-1-2016 by L.L.
No. 1-2016]
A multiple dwelling used primarily for the purpose of furnishing
lodging, with or without meals, to 15 or fewer transient occupants
for compensation. A rooming house or lodging house shall be deemed
a "boardinghouse."
[Added 12-5-2005 by L.L. No. 12-2005]
A facility which allows for the indoor or outdoor storage
of boats and boat trailers, recreational vehicles and campers (including
self-contained and pull-behind models), on either a seasonal or year-round
basis.
[Added 2-1-2016 by L.L.
No. 1-2016]
An eating and drinking establishment where certain beverages
are prepared on the premises for on-site consumption. The brewing
and retail sale of such beverages is accessory to the eating and drinking
establishment.
[Added 2-1-2016 by L.L.
No. 1-2016]
An area designated by a board of the Town as a buffer area
reserved for plantings, fencing or other similar screening devices
for the purpose of creating a transitional area wherein adjoining
uses do not detract from one another.
[Added 12-5-2005 by L.L. No. 12-2005]
Any structure having a roof supported by columns or by walls
and intended for shelter, housing, protection or enclosure of persons,
animals or property. Depending upon its applicability, the use herein
of "building" shall include the term "structure."
[Added 12-5-2005 by L.L. No. 12-2005]
The vertical distance measured from the average elevation
of the existing finished grade (or a proposed finished grade as approved
by either the Malta Planning Board, Zoning Board of Appeals, or the
Malta Building Department) 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 for gable, hip and gambrel roofs. (See also “maximum
building height.”)
[Added 12-5-2005 by L.L. No. 12-2005; amended 6-4-2007 by L.L. No. 8-2007]
The line established by law, ordinance or regulation beyond
which no part of a building, other than parts expressly permitted,
shall extend. Prohibited parts include, but are not limited to, porches,
decks and sun rooms. Unenclosed steps are permitted to extend beyond
the line.
[Added 12-5-2005 by L.L. No. 12-2005]
An establishment for the storage, sale and rental of building
materials and equipment, including HVAC, electrical and plumbing fixtures,
stone, wood, metal and other indoor and outdoor building materials.
Maximum floor area includes aggregate of primary buildings and any
storage outbuildings and roofed areas.
[Added 2-1-2016 by L.L.
No. 1-2016]
A building in which is conducted the main principal use of
the lot on which said building is situated.
[Added 12-5-2005 by L.L. No. 12-2005]
A business office or other office providing nonretail business
support and services such as forms processing, telemarketing, payroll
payment, data systems development and management, consulting services,
billing, reservation services, medical, legal, technical and intellectual
services, sales, e-commerce and financial services. A business office
shall not include warehousing.
An establishment for the rental and storage of motor vehicles
to the public, not including on-site servicing or repair of the vehicles.
[Added 2-1-2016 by L.L.
No. 1-2016]
Business premises equipped with machinery for the washing,
waxing, vacuuming and/or cleaning of motor vehicles, for the use of
retail customers.
Land used or intended to be used for the burial of human
remains and dedicated for similar purposes, including columbarium
and mausoleums when operated in conjunction with and within the boundaries
of said cemetery, but may not include a structure for the purpose
of the cremation of human remains.
See "religious worship."
[Adopted 4-6-1976 by Ord.
No. 1-1976; amended in its entirety 11-14-2016 by L.L. No. 10-2016; 2-1-2016 by L.L. No. 1-2016]
A building or portion thereof or premises used for a social,
educational or recreational activity or to render a service which
is customarily considered a business, but not done primarily for profit.
A facility, whether private or for hire, for the production
of foods to be eaten off-site, including, but not limited to, catering,
baked goods, confections, canned and bottled products and prepared
meals. Classes, tours, tastings and retail sales are allowed as accessory
uses. Space designated for retail use cannot exceed 25% of the total
building.
[Added 2-1-2016 by L.L.
No. 1-2016]
A form of ownership less than the whole; the fee ownership
of separate portions of buildings, which may be combined with unit
owners having rights in common to use the common elements of the parcel
in question, with separate ownership confined to individual units.
The term "condominium" is defined in the Condominium Act contained
in the Real Property Tax Law.
A facility offering meeting rooms and/or exhibit areas providing
support activities for those meeting rooms, such as food preparation.
A facility for the storage of equipment and materials used
in land development, building construction and landscape construction.
[Added 2-1-2016 by L.L.
No. 1-2016]
A retail establishment offering for sale prepackaged food
products, household items and goods commonly associated with the same
and having a gross floor area of less than 5,000 square feet unless
otherwise noted in the zone, which does not sell gasoline. Establishment
may include a deli counter, pizza oven or similar food service area,
which may occupy a maximum of 25% of the total square footage of the
building and which may provide services to walk-in or drive-up customers.
[Amended 2-1-2016 by L.L.
No. 1-2016]
That percentage of the lot area covered by the combined area
of all buildings or structures on the lot.
[Added 12-5-2005 by L.L. No. 12-2005]
A program or facility in which adult day care is provided
to the elderly who are in need of support services in a protective
setting during any part of a day, but less than twenty-four-hour care.
A program or facility in which child day care is provided
on a regular basis to more than six children for more than three hours
per day per child for compensation or otherwise, except those programs
operating as a family day-care home or a school-aged child care program
or as defined by the New York State Office of Child and Family Services.
A commercial establishment where business is transacted between
the establishment and its customer while the customer is in a vehicle.
Examples include, but are not limited to: banks, fast-food restaurants
and pharmacies.
[Amended 7-2-2018 by L.L.
No. 9-2018]
A store where pharmaceutical prescriptions are filled and
drugs and other health-related articles are sold.
[Added 12-5-2005 by L.L. No.
12-2005]
A building containing three or more dwelling
units;
A building containing living, sanitary and sleeping
facilities occupied by one or two families and more than four lodgers
residing with either one of such families;
A building with one or more sleeping rooms,
other than a one-or two-family dwelling, used or occupied by permanent
or transient paying guests or tenants;
A building with sleeping accommodations for
more than five persons used or occupied as a club, dormitory, fraternity
or sorority house or similar uses;
A building used or occupied as an old age home;
or
A community residence.
A portion of a building containing more than three dwelling
units used for occupancy by individuals living independently of each
other occupied by at least one person who is 55 years of age or older,
unless otherwise qualifying as a handicapped adult.
[Added 7-2-2018 by L.L.
No. 9-2018]
A building containing one dwelling unit and designed or used
exclusively for occupancy by one family for residential use and residential
home business.
A detached building containing two dwelling units only, having
a common or party wall separating units, that meets the provisions
of the New York State Uniform Fire Prevention and Building Code, is
on a permanent foundation and consists of 1,500 square feet of living
space, excluding an accessory building or use. This term is intended
primarily for duplexes; see "dwelling unit."
One or more rooms with provisions for living, cooking, sanitary
and sleeping facilities arranged for the use of one family.
[Added 12-5-2005 by L.L. No. 12-2005]
One or more rooms with private bath and kitchen facilities
comprising an independent, self-contained dwelling unit within a commercial
building on the same lot as the primary use. An EADU is clearly subordinate
to the primary use, both in use, care, and needs of animals.
[Added 6-7-2021 by L.L. No. 5-2021]
The face or elevation of a building facing any street or
road.
[Added 12-5-2005 by L.L. No. 12-2005]
Manufactured housing bearing the insignia of approval recognized
by the State of New York.
[Added 12-5-2005 by L.L. No. 12-2005]
One or more persons who live together as a single housekeeping
unit and maintain a common household, as distinguished from a group
occupying a boardinghouse, lodging house, club, fraternity or hotel,
and which may consist of a single person or of two or more persons,
whether or not related by blood, marriage or adoption, and which may
also include domestic servants and/or gratuitous guests.
Real property used primarily in the production of crops,
livestock or livestock products as a commercial enterprise, including
commercial horse boarding as defined in NY Agriculture and Markets
Law § 301(13). Parcels comprising a farm may be noncontiguous
[ref. Agriculture and Markets Law § 301(11), 2005].
A place or premises located on a farm in which beer, liquor/spirits,
or wine is produced using primarily farm and food product from within
the state (such as barley, wheat, rye, hops, corn, potatoes, herbs,
spices, fruits, etc). Site may include an onsite tasting room and
event space.
[Added 2-1-2016 by L.L.
No. 1-2016]
A hedge, structure or partition erected for the purpose of
enclosing a piece of land or to divide a piece of land into distinct
portions or to separate two contiguous estates.
[Added 12-5-2005 by L.L. No. 12-2005]
An establishment with the primary purpose of facilitating
exercise, such as, gymnasium, club (athletic, health or recreational),
and reducing salon or weight control establishment.
A flag lot is a parcel of land which is not adjacent to a public road, except for a driveway of at least 60 feet in width which is either a part of the lot, or for which an easement filed with the Saratoga County Clerk exists benefiting the lot by affording access to a Town, county or state road (see NYS Town Law § 280-a). Flag lots are permitted only in R-1 Zoning Districts. Other than the absence of the requirement for frontage on a public road, all other requirements of the Town Code, including Chapters 70, 143 and 167, apply.
[Added 1-3-2012 by L.L. No. 1-2012]
See "poultry."
The extent of a lot along a street or property line, in front
of the building.
[Added 12-5-2005 by L.L. No. 12-2005]
An establishment with facilities for the preparation of human
remains for burial or cremation and for services, viewing and paying
last respects. A funeral home does not include crematory services.
A showroom for the sales of handcrafted goods including but
not limited to textiles, furniture, boats, ceramics, paintings, glass,
sculpture and jewelry. Studio and classes are allowed on the premises.
[Added 2-1-2016 by L.L.
No. 1-2016]
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.
[Added 12-5-2005 by L.L. No. 12-2005]
A site used for growing or stocking trees, shrubs, or plants
and associated supplies and materials for wholesale and/or retail
sale; includes greenhouses and sales of domestic lawn and garden equipment.
Maximum floor area refers to the area devoted to display, office and
sales. Outdoor display shall not exceed the maximum floor area allowed
for the building.
[Added 2-1-2016 by L.L.
No. 1-2016]
A structure that is used or designated to be used for the
supply of gasoline or oil or other fuel for the propulsion of motor
vehicles.
A tract of land for playing golf, improved with trees, fairways,
and hazards, and may include clubhouses, shelters, bathrooms, restaurant
and tavern facilities, and allows for the sale of golf merchandise.
A golf driving range is a permitted accessory use to a golf course.
A tract of land on which golf balls are hit for practice
in exchange for a fee or consideration.
Ground surface after completion of any change in contouring.
[Added 12-5-2005 by L.L. No. 12-2005]
Land areas covered only by grass, trees and/or vegetation.
[Added 12-5-2005 by L.L. No. 12-2005]
A marketplace where groceries and common household items
are sold which may include a bakery, delicatessen and prepared meals
and space for a drugstore, bank, bottle recycling and other associated
services with a total maximum floor area of 40,000 square feet. Use
may not be incorporated into another store, such as a superstore.
[Adopted 4-6-1976 by Ord.
No. 1-1976; amended in its entirety 11-14-2016 by L.L. No. 10-2016; 2-1-2016 by L.L. No. 1-2016]
See "residential use."
[Added 12-5-2005 by L.L. No. 12-2005]
A multiple unit multi-story dwelling or any part thereof
which contains living and sleeping accommodations for transient occupancy
and which may contain one or more dining rooms, restaurant, bar, and
a conference center, and includes but is not limited to such terms
as "hotel," or "inn."
[Amended 2-1-2016 by L.L.
No. 1-2016]
An establishment for the sale and/or repair of household
goods including appliances, electronics, finishes, furnishings, and
lighting.
[Added 2-1-2016 by L.L.
No. 1-2016]
Animals that are customarily kept for personal use or enjoyment
within the home. "Household pets" shall include, but not be limited
to, domestic dogs, cats, tropical birds, and rodents.
[Added 2-1-2016 by L.L.
No. 1-2016]
A use which involves the fabrication, reshaping, reworking,
assembly, or combination of products, including processing, packaging,
incidental storage, sales and distribution of such products, but is
exclusive of uses that require offensive, noisy, or otherwise objectionable
disturbances, such as vibration, dust, and odors.
A lot, land or structure or part thereof used for the collecting,
storage and sale of wastepaper, rags, scrap metal or discarded material;
or for the collecting, dismantling, storage and salvaging of machinery
or vehicles not in running condition and for the sale of parts thereof.
[Added 12-5-2005 by L.L. No. 12-2005]
Location or facility where scientific (including medical
and industrial) and/or research testing is conducted. The quantities
of chemical agents in use at one time are small, normally not exceeding
one liter. Laboratory operations may include research and development
(R&D), production/acceptance testing, sample analysis and evaluation,
limited detoxification, or a room or building for scientific experimentation
or research.
A place in which literary, musical, artistic or reference
materials are kept for public lending.
See "building line."
[Added 12-5-2005 by L.L. No. 12-2005]
The dividing line between the street and the lot.
[Added 12-5-2005 by L.L. No. 12-2005]
Farm animals, such as beef cattle, dairy cows, sheep, hogs,
chickens and turkeys raised for home use or for profit.
A transient, temporary or permanent paying guest.
[Added 12-5-2005 by L.L. No. 12-2005]
A portion or parcel of land considered as a unit, devoted
to a certain use or occupied by a building or a group of buildings
that are united by a common interest or use, and the customary accessories
and open space belong to the same.
[Added 12-5-2005 by L.L. No. 12-2005]
See "area, lot."
[Added 12-5-2005 by L.L. No. 12-2005]
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. Such lot shall
require front yard setbacks on each street. Such lot shall require
side yard setbacks on each side and no rear yard setbacks.
[Added 12-5-2005 by L.L. No. 12-2005]
A mean horizontal distance between the front and rear lot
lines, measured in the general direction of its side lot lines.
[Added 12-5-2005 by L.L. No. 12-2005]
Any line dividing one lot from another.
[Added 12-5-2005 by L.L. No. 12-2005]
An establishment utilized for the repair, servicing, assembly
and/or modification of small motors, equipment, and small parts used
in connection with others to comprise large equipment.
[Added 2-1-2016 by L.L.
No. 1-2016]
Includes percentage of lot covered by foundation, garage
and accessory buildings.
[Added 12-5-2005 by L.L. No. 12-2005]
Shall not apply to belfries, church spires, cupolas, mechanical
penthouses and domes which are not used for human occupancy; nor to
chimneys, ventilators, skylights, water tanks and necessary mechanical
appurtenances usually carried above the roof level; nor to barns,
silos, monuments, transmission towers and similar structures. Such
features, however, shall be erected only to such height as is necessary
to accomplish the purpose for which they are intended.
[Added 12-5-2005 by L.L. No. 12-2005]
The area of a commercial building that is approved by the
Planning Board and will be constructed in any of the commercial districts.
This shall include all spaces, mechanicals and nonleaseable space
within the building walls.
[Amended 2-1-2016 by L.L.
No. 1-2016]
A studio for the development, recording and/or production
of print, digital or sound media. May include, but not limited to,
music studio, video and game production, radio, television, theater
or movie studio, and associated warehousing. Classes, tours, public
entertainment and retail sales are allowed as accessory uses. Space
designated for retail use cannot exceed 25% of the total building.
[Added 2-1-2016 by L.L.
No. 1-2016]
An institution providing primary health services and medical
or surgical care to persons, both outpatients and inpatients, suffering
from illness, disease, injury, deformity and other physical or mental
conditions, and including, as an integral part of the institution,
related facilities such as laboratories, outpatient facilities or
training facilities.
A small-scale facility for the production and packaging of
craft beers, and other small batch brewed beverages, whether alcoholic
or nonalcoholic. Production shall not exceed 60,000 barrels a year.
[Added 2-1-2016 by L.L.
No. 1-2016]
A small-scale facility for the distilling of beverages, whether
alcoholic or nonalcoholic. Production shall not exceed 35,000 gallons
a year.
[Added 2-1-2016 by L.L.
No. 1-2016]
Distance in feet measured from property line to buildable
limit line as provided in the requirements for zoning districts.
[Added 12-5-2005 by L.L. No. 12-2005]
The extraction or removal of sand, shale, soil, gravel or
other minerals from the ground or the breaking of the surface soil,
and exclusive of the process of grading a lot preparatory to the construction
of a building for which application for a building permit has been
made. This shall not include excavation or grading when conducted
for farm improvement.
[Added 12-5-2005 by L.L. No. 12-2005]
A mix of uses permitted with the zoning classification in
one building or at one site such as a mix of housing types, retail
and offices which use traditional neighborhood design concepts.
Any portable vehicle which is designed to be transported
on its own wheels and which is intended to be occupied as permanent
living quarters.
[Added 12-5-2005 by L.L. No. 12-2005]
A designated site of specific total land area which is located
within a mobile home park for the accommodation of one mobile home
and its occupants.
[Added 12-5-2005 by L.L. No. 12-2005]
Any parcel of land located within an approved mobile home
designated area, planned and improved for the placement of two or
more mobile homes.
A dwelling that is a factory-fabricated transportable building
unit designed to be permanently located at a building site to be used
for residential purpose only. Such dwelling must bear the Housing
and Urban Development (HUD) insignia of approval.
[Added 12-5-2005 by L.L. No. 12-2005]
A multiple dwelling, one story in height, intended primarily
for lodging, with exiting from the sleeping unit directly to the exterior
to clear and open space, for compensation.
[Added 12-5-2005 by L.L. No. 12-2005]
As defined in the New York State Vehicle and Traffic Law
§ 125.
[Added 12-5-2005 by L.L. No. 12-2005]
A place, structure, area or other facility used for providing
municipal services to the general public.
An institution devoted to the procurement, care, study and
display of objects of interest or value, or a building, room, etc.,
for preserving and exhibiting rare, interesting, or typical specimens
of works of art, science, inventions, etc., or of antiquities, curiosities,
or objects of natural history open to the public.
A small-scale facility that includes the sale of food and
beverages to the public for consumption on the premises, and the production
and packaging of craft beers and other small batch brewed beverages,
whether alcoholic or nonalcoholic, in an amount not exceeding 3,000
barrels a year.
[Added 1-6-2020 by L.L. No. 2-2020]
A building, structure or land lawfully occupied by a use
that does not conform to the regulations of the district in which
it is situated either at the effective date of this chapter or as
a result of subsequent amendments thereto.
[Added 12-5-2005 by L.L. No. 12-2005]
A place for the care of three or more preschool children
for a period not to exceed three hours per day, operated on a regular
basis for profit.
Any establishment licensed by the State of New York which
provides twenty-four-hour skilled nursing services to elderly and
handicapped residents.
An unoccupied space open to the sky on the same lot with
the building.
[Added 12-5-2005 by L.L. No. 12-2005]
The keeping by a business of any goods, junk material, merchandise
or vehicles in the same place for more than 48 hours in any portion
of a lot outside of a walled and roofed structure.
[Added 2-1-2016 by L.L.
No. 1-2016]
A building used primarily for the parking or storing of automobiles
on an hourly or daily basis for a profit.
An off-street space available for the parking of one motor
vehicle, exclusive of passageway and driveways thereto. Minimum dimension
for a parking space shall be nine feet by 18 feet.
[Added 12-5-2005 by L.L. No. 12-2005]
An establishment for the sale of personal services to the
general public, including, but not limited to, a beauty parlor, barbershop,
tanning salon, or manicure salon.
A facility or establishment which regularly offers to the
public the service of boarding dogs or cats or both for a fee. Such
a facility or establishment may, in addition to providing shelter,
food and water, offer grooming or other services for dogs and/or cats.
[Added 6-7-2021 by L.L. No. 5-2021]
A site, building or place designed and/or operated to provide
care on a regular basis for four or more household pets not living
on the premises for a fee. No boarding or overnight stays allowed.
Instruction/training is allowed as an accessory use.
[Added 2-1-2016 by L.L.
No. 1-2016]
An indoor establishment for the bathing, grooming and clipping
of household pets. Pets cannot be kept overnight.
[Added 2-1-2016 by L.L.
No. 1-2016]
An establishment for the sales and/or compounding of prescriptions
and over the counter medical products, which may also sell household
goods, and which is open to provide services to walk-in or drive-up
customers.
[Added 2-1-2016 by L.L.
No. 1-2016]
A domesticated gallinaceous bird thought to be descended
from the red jungle fowl. Flesh of chickens, turkeys, ducks or geese
raised for food.
An establishment that provides shipping and duplicating services
including photocopying, blueprint and offset printing, including collating
of booklets and reports.
[Added 2-1-2016 by L.L.
No. 1-2016]
An office of a physician, dentist, lawyer, engineer, architect,
accountant or other duly licensed or certified professional. If such
office is located in a residential zone, see "residential home business."
Postsecondary schools that are private and are legally permitted
to make a profit. Most proprietary schools offer technical and vocational
courses.
An area of land set aside for community use, often reserved
and maintained for recreational purposes, and may consist of both
active and passive recreation.
An indoor establishment with the primary purpose of facilitating
exercise and recreation for individuals and families. Activities include,
but are not limited to, court sports, skating (blades or wheels),
climbing, trampolining, indoor shooting and archery. Incidental uses
may include the sale of food and drink. Exceptions for outdoor activities
limited to batting cages, ball courts, archery range and skate park.
[Amended 2-1-2016 by L.L.
No. 1-2016]
Land including structures thereon for public worship and/or
religious services. Includes additional buildings which serve as single-family
dwelling for religious leaders.
[Added 2-1-2016 by L.L.
No. 1-2016]
Replacement or renewal, excluding additions, of any part
of a building, structure, device or equipment, with like or similar
materials or parts, for the purpose of maintenance, preservation or
restoration of such building, structure, device or equipment.
[Added 12-5-2005 by L.L. No. 12-2005]
A building or structure built, altered and/or equipped for
experimental or scientific study or testing and analysis for experimental
research in the natural, physical or social sciences or engineering
and development as an extension of investigation with the objective
of creating end products, including the limited construction of pilot
or test models and materials and which does not emit or pass off sound,
vibration, light, odor, smells, smokes and other noxious or bothersome
products beyond the boundaries of the structure. This definition is
exclusive of any activities involving living organisms of any kind.
The use of a dwelling that allows for the pursuit of hobbies
and business enterprises conducted only by members of the family living
in the dwelling. Such uses do not allow a sign, customer or employee
parking or the outside storage of materials. Such uses allow for the
parking of two licensed motor vehicles associated with the business.
Such uses must be consistent with the character of the dwelling and
neighborhood. Such uses shall not use more than 25% of the total floor
area of the dwelling and in no event more than 500 square feet. Such
uses shall not produce offensive noise, vibration, smoke, dust, odors,
heat, glare, or other objectionable effects. Such uses shall be allowed
in all zones in the Town of Malta.
A building or portion thereof where food and beverages are
sold to the public for consumption on the premises, and for which
take-out is an ancillary use, and for which drive-thru is not a permitted
use.
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. Drive-thru allowed by special use permit.
An establishment for the wholesale and/or retail sale of
agricultural commodities and products, including, but not limited
to, feed, crops, trees, shrubs, plants, flowers, vines, sod, Christmas
trees, compost, lawn and garden materials, livestock products, and
associated equipment, tools, materials and supplies related thereto.
[Added 7-2-2018 by L.L.
No. 9-2018]
An establishment for the sale of merchandise to the general public, excluding automobile service/fueling stations as herein defined. All retail business conducted outside of a building shall require an approved site plan as detailed in Article VI of this chapter. Retail business shall not be allowed to be conducted outside of an establishment not approved for retail use or on vacant property. It is not the intent of this definition to prevent a merchant with an established business from having an outside sale of the merchandise sold in its establishment for no more than a period of up to 14 days in a three-month period, nor is it intended to prevent nonprofit organizations from having fund-raising events.
A business for the sales, rental or repair of goods or delivery
of services exceeding 10,000 square feet with a maximum of 35,000
square feet. Maximum building size is an aggregate of the buildings
associated with the business.
[Added 2-1-2016 by L.L.
No. 1-2016]
An establishment for the sales, rental and/or repair of outdoor
recreational sporting goods and equipment, including, but not limited
to, clothing, boats and bait. May include tours and classes.
[Added 2-1-2016 by L.L.
No. 1-2016]
An institution for learning and intellectual development,
including primary and secondary schools, colleges, universities, trade
and professional schools. Such schools may be a division of the school
system consisting of students in one or more grades or other identifiable
groups and organized to give instruction of a defined type.
A school under the financial and managerial control of a
private body or charitable trust, accepting mostly fee-paying pupils.
[Added 7-2-2018 by L.L.
No. 9-2018]
A building or group of buildings two or more stories in height
where units are accessed from within the building that are rented
or leased for the storage of business and household goods. Access
to each building shall be through a secure central entrance, and no
other access shall be allowed. 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/or frequent removal of goods for sale by local businesses at another
site are not consistent with the intent of this use. Said facility
is not intended to be used for warehouse purposes. Storage of hazardous
materials in a self-service storage facility is prohibited.
[Amended 2-1-2016 by L.L.
No. 1-2016]
Housing designated for people over age 55.
A commercial location where groups of four or more stores
are located in close proximity to each other on the same parcel of
land under one ownership, or where a lesser number of stores total
not less than 20,000 square feet of gross leaseable area and meet
the same criteria.
Any material, structure or device or part thereof composed
of lettered or pictorial matter which is located out-of-doors or on
the exterior of any building or indoors as a window sign, displaying
an advertisement, announcement, notice or name, and shall include
any declaration, demonstration, display, representation, illustration
or insignia used to advertise or promote the interests of any person
or business or cause when such is placed in view of the general public.
[Added 12-5-2005 by L.L. No. 12-2005]
A sign which directs attention to a business, commodity,
service or entertainment conducted, sold or offered elsewhere than
upon the same lot.
[Added 12-5-2005 by L.L. No. 12-2005]
A sign limited to providing information on the location of
an activity, business or event.
[Added 12-5-2005 by L.L. No. 12-2005]
Any sign not attached or part of any building but separate
and permanently affixed by any other means, in or upon the ground.
Included are pole signs, pylon signs and masonry wall-type signs.
[Added 12-5-2005 by L.L. No. 12-2005]
Any sign illuminated by electricity, gas or other artificial
light, either from the interior or exterior of the sign, and which
includes reflective and phosphorescent light.
[Added 12-5-2005 by L.L. No. 12-2005]
Any illuminated sign placed in the window of a business,
which sign may not exceed a maximum of four square feet in area.
[Added 12-5-2005 by L.L. No. 12-2005]
A sign, whether on its own trailer or wheels or otherwise
designed to be movable and not structurally attached to the ground,
a building, a structure or another sign.
[Added 12-5-2005 by L.L. No. 12-2005]
A sign which is attached to the building wall or structure
and which extends horizontally more than 15 inches from the plane
of such wall or a sign which is perpendicular to the face of such
wall or structure.
[Added 12-5-2005 by L.L. No. 12-2005]
A sign designed to be movable, not structurally attached
to the ground, a building, a structure, or another sign, with a maximum
of two sides, which shall be three feet wide by four feet high per
side.
[Added 12-5-2005 by L.L. No. 12-2005]
The supports, uprights, bracing and framework for the sign.
In the case of a sign structure consisting of two or more sides where
the angle formed between any two of the sides or the projections thereof
exceeds 30°, each side shall be considered a separate sign structure.
[Added 12-5-2005 by L.L. No. 12-2005]
The entire area within a single, continuous perimeter enclosing
all elements which form an integral part of the sign. The structure
supporting a sign shall be excluded unless the structure is designed
in a way to form an integral background for the display. Both faces
of a double-faced sign shall be included as surface or area of such
a sign.
[Added 12-5-2005 by L.L. No. 12-2005]
A sign which is painted on or attached to the outside wall
of a building with the face of the sign in the plane parallel to such
wall and not extending more than 15 inches from the face of such wall.
[Added 12-5-2005 by L.L. No. 12-2005]
A sign visible from a sidewalk, street or other public place,
painted or affixed on glass or other window material or located inside
within four feet of the window, but not including graphics in connection
with customary window display or products.
[Added 12-5-2005 by L.L. No. 12-2005]
A building where animals are treated for injury or disease,
excluding large animals such as horses, cows, etc.
[Added 12-5-2005 by L.L. No. 12-2005]
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
is no floor above it, then the space between any floor and the ceiling
next above it.
[Added 12-5-2005 by L.L. No. 12-2005]
A public or private way which affords the principal means
of access to properties abutting thereto.
[Added 12-5-2005 by L.L. No. 12-2005]
A combination of materials assembled, constructed or erected
at a fixed location, including, for example, a building, stationary
and portable carports and swimming pools, the use of which requires
location on the ground or attachment to something having location
on the ground.
[Added 12-5-2005 by L.L. No. 12-2005]
An office providing scientific, technological, engineering,
development and research services.
A portable shelter made of cloth, canvas or other material,
supported by one or more poles and usually extended by ropes fastened
to pegs or stakes in the ground.
[Added 12-5-2005 by L.L. No. 12-2005]
A building that customarily presents motion pictures, films,
videotapes, lectures, speeches, live theatrical events or slide shows.
A building that accommodates two dwelling units separated
vertically by a side wall. Units cannot be vertically mixed.
[Added 6-3-2019 by L.L.
No. 3-2019]
A development pattern that reflects the characteristics of
urban neighborhoods of 50 to 100 years ago. These are often characterized
by mixed land uses, pedestrian circulation, intensively used open
spaces and a sense of community. The focus of this design type is
shifted away from the automobile and toward the pedestrian.
A vehicle capable of serving as a habitation for one or more
persons temporarily or permanently by virtue of its design and features,
including but not limited to a flush toilet, kitchen facilities, plumbing
and electrical connections and sleeping accommodations.
[Added 12-5-2005 by L.L. No. 12-2005]
A building shall be deemed unfinished if it does not have
a permanent roof, completely enclosed outside walls with the finished
materials installed, all glazing in place (and if the building is
to be used for human occupancy), a permanent heating system with chimney
ready for operation, permanent electrical service and sewage system
installed.
[Added 12-5-2005 by L.L. No. 12-2005]
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
[Added 12-5-2005 by L.L. No. 12-2005]
An intermediate storage facility for goods between manufacturer
and ultimate use.
Establishment engaged in the sale of commodities in quantity,
usually for resale or business use, chiefly to retailers, other businesses,
industries and institutions. Retail is allowed as an accessory use
to the primary business and is limited to 20% of the overall building
and outdoor display area for the primary use.
[Amended 2-1-2016 by L.L.
No. 1-2016]
An open unoccupied space on the same lot with a main building.
The depth or width of the yard shall be measured as the least distance
between the nearest covered portion of the building and the property
line. (See also "minimum yard dimensions.")
[Added 12-5-2005 by L.L. No. 12-2005]
