Certain words used herein are defined as follows:
A use customarily incident and accessory to the principal
use or building and located on the same lot therewith.
An establishment having as a substantial or significant portion
of its stock-in-trade books, magazines, other periodicals, films,
slides, videotapes, video discs or other audio and/or visual media,
and which establishment is customarily not open to the public generally
but excludes any minor by reason of age.
A drive-in theater that customarily presents motion pictures,
and which establishment is customarily not open to the public generally
but excludes any minor by reason of age.
A public or private establishment which presents topless
dancers, strippers, male or female impersonators, lingerie and other
private modeling or exotic dancers or other similar entertainments,
and which establishment is customarily not open to the public generally
but excludes any minor by reason of age and which serves alcoholic
beverages.
Any establishment which designates all or a major part of
its premises as for adults only and as such excludes minors from those
portions of its premises because the services, entertainment or goods
available on the premises or portion thereof designated for adults
only are characterized or distinguished by depictions of sexual activity
or are materials or activities designed to appeal to adult sexual
interest.
A public or private establishment which presents nude or
topless dancers, strippers, male or female impersonators, lingerie
and other private modeling or exotic dancers or other similar entertainments,
and which establishment is customarily not open to the public generally
but excludes any minor by reason of age and which does not serve alcoholic
beverages.
Any establishment which has a fixed place of business where
massages are administered for pay, including but not limited to massage
parlors, sauna baths and steam baths, and which establishment is customarily
not open to the public generally but excludes any minor by reason
of age. This definition shall not be construed to include a hospital,
nursing home or medical clinic or the office of a physician, surgeon,
chiropractor, osteopath or duly licensed physical therapist or barbershops
or beauty salons in which massages are administered only to the scalp,
face, neck or shoulders. This definition also shall exclude health
clubs which have facilities for physical exercise, such as tennis
courts, racquetball courts or exercise rooms, and which do not receive
their primary source of revenue through the administration of massages.
A theater or other establishment which presents material
in a form of live shows, films, videotapes, video discs or other visual
media viewed from an individual enclosure or private room for which
a fee is charged, and which is customarily not open to the public
generally but excludes any minor by reason of age.
A theater which customarily presents live shows, motion pictures,
films, videotapes, slide shows, video discs or other visual media,
and which is customarily not open to the public generally but excludes
any minor by reason of age.
Landing fields, aircraft parking and service facilities,
passenger and baggage terminals, and related facilities for operation,
service, fueling, repair, storage, charter, sales and rental of aircraft,
operated by an airport authority or governmental entity.
An individual appointed by the Town Board to serve on the
Zoning Board of Appeals when a regular member is unable to participate
on an application or matter before the Board, as provided herein.
Any commercial activity, whether conducted intermittently
or full-time, which is primarily used for physical recreation or entertainment,
where such activities are entirely contained within a permanent building.
Any commercial activity, whether conducted intermittently
or full-time, which is primarily used for physical recreation or entertainment,
where such activities take place primarily out of doors on a tract
of land of two or more acres.
Any commercial activity, whether conducted intermittently
or full-time, which is primarily used for physical recreation or entertainment,
where such activities take place primarily out of doors on a tract
of land of less than two acres. Such uses do not include go-cart tracks
and Paintball.
A lot and/or building or part thereof used for the care of
lost, abandoned or neglected animals.
Any person or entity who shall submit an application, plans
or related information for approval pursuant to this chapter.
A person licensed and registered as an architect by the State
of New York or who has been issued a limited permit to practice architecture
in the State of New York.
Any street or highway for which operation or maintenance
falls under county, state or federal jurisdiction.
A shop where a skilled craft worker makes things by hand
to be displayed and sold on or off site, including decorative arts,
sculptures, clothing, jewelry, food items, or household items.
[Amended 8-30-2018 by L.L. No. 12-2018]
A residential facility that provides care to residents who
cannot live independently but who do not require around-the-clock
nursing care or extensive medical supervision. Services may include
medication supervision, personal care, meals and housekeeping. Common
cooking and dining facilities may be provided, and residential units
may or may not include individual cooking facilities. Includes residential
care facility, board and care home, adult care home, and congregate
care facility.
An automated facility used to clean the exterior of motor
vehicles, with cleaning of the interior of motor vehicles as an accessory
use.
[Added 8-30-2018 by L.L.
No. 10-2018]
A roof-like covering consisting of any pliable material attached
to a rigid frame.
An establishment where baked goods are produced for off-premises
sale at wholesale or retail or for on-premises sale at wholesale.
[Added 6-28-2007 by L.L. No. 10-2007]
An establishment where baked goods are produced for on-premises
sale at retail.
[Added 6-28-2007 by L.L. No. 10-2007]
A temporary sign composed of lightweight material, either
enclosed or not enclosed in a rigid frame, secured or mounted so as
to allow movement of the sign caused by movement of the atmosphere.
An organization, chartered by a state or federal government,
whose principal activities include most or all of the following: receives
demand deposits and time deposits, honors instruments drawn on them,
and pays interest on them; discounts notes, makes loans, and invests
in securities; collects checks, drafts, and notes; certifies depositors'
checks; and issues drafts and cashier's checks. The term "bank" shall
include credit unions.
A place in which the principal income is derived from the
sale of serving of alcoholic beverages for on-premises consumption,
with or without live entertainment.
The maximum building gross floor area for commercial uses
which may be permitted per acre on a lot, as shown for each zoning
district on the dimensional table.[1]
[Amended 6-28-2007 by L.L. No. 10-2007]
The maximum number of dwelling units which may be permitted
per acre on a lot, as shown for each zoning district on the dimensional
table.
An owner-occupied residential structure providing rooms for
temporary overnight lodging, with or without meals, for paying guests.
Such use is secondary to the residential use of the dwelling by the
owner.
Any outdoor advertising board displaying static images controlled
by electronic communication.
[Added 12-20-2007 by L.L. No. 20-2007]
Any outdoor advertising board, junior board advertising medium,
structure or device, or anything which is painted, printed, pasted
or affixed to any building, structure, wall, fence, pole, railing,
natural object or structure of any kind or upon the ground itself,
which advertises businesses, services, products or commodities not
available on the premises on which the billboard is located.
Those configurations of multiple billboard structures as
those terms are commonly understood and as further defined in state
law, except that in no instance shall these terms include two or more
billboards which are not physically contiguous. "Physically contiguous"
shall mean of the same structure and, in the case of V-type billboards,
shall be in contact with one and another at the apex of the "V." Each
face shall be considered a separate billboard.
The outer surface of a billboard which is visible from any
private or public street or highway.
Any billboard illuminated by electricity, gas or other artificial
light.
The Zoning Board of Appeals of the Town of Colonie.
An individual other than a member of the family occupying
the dwelling unit or part thereof who, for a consideration, is furnished
sleeping accommodations and may be furnished meals or other services
as part of the consideration.
An owner-occupied residential structure in which lodging
is provided to more than three boarders, with shared kitchen and dining
facilities.
[Amended 2-26-2015 by L.L. No. 3-2015]
A building or establishment for the enclosed process of making
beer and other malt beverages primarily for off-site distribution,
bottling, packaging and delivery, including the storage of plant-owned
vehicles.
[Added 8-30-2018 by L.L.
No. 11-2018]
A structure designed to convey vehicles and/or pedestrians
over a watercourse, railroad, public or private right-of-way or any
physical depression or obstacle.
Open spaces, landscaped areas, fences, walls, berms or any
combination thereof used to physically separate or screen a use or
property from another so as to visually shield or block noise, lights
or other nuisances.
Any structure having a roof supported by columns, piers,
or walls and intended for shelter, housing or enclosure of persons,
animals or property. Building areas separated by a fire wall with
no openings, as defined in the NY State Uniform Fire Prevention and
Building Code, shall be considered separate buildings.
[Amended 8-28-2008 by L.L. No. 8-2008]
The erection, structural alteration, demolition, extension,
conversion, relocation or enlargement of a building.
The Town of Colonie Building Department.
The area of a building measured around the exterior surface
of the exterior walls at grade level. Where a building is elevated
above grade level, the building footprint is the area the building
would cover if it were located at ground level.
A line including a segment formed by the building wall or
walls facing the street (i.e., parallel to the street or at an angle
of 45° or less to the street), together with segments extending
from each end of that segment to the nearest adjacent side lot line,
and drawn parallel to the front lot line. A building on a corner lot
or through lot shall have a front building line with respect to each
front lot line.
[Amended 6-28-2007 by L.L. No. 10-2007]
A line parallel to the front lot line, passing through the
point of the building furthest from the adjacent street, as measured
perpendicular to the front lot line. A building on a corner lot shall
have a rear building line with respect to each front lot line. A through
lot shall have no rear building line.
A line parallel to the front lot line at a distance therefrom
equal to the depth of the front yard required for the zoning district
in which the lot is located.
A business specializing in building and construction materials
and equipment for sale, either retail or wholesale. Such uses include
lumberyards.
A service business where motor vehicles are cleaned and in
which accessory products may be sold.
A burial place or ground operated and maintained by a church,
private entity or a governmental agency, which can include a chapel,
office, maintenance facilities, crematory and aboveground storage
vaults as accessory uses.
A line passing through the low point in the watercourse bed
at any given section of the channel. Where the watercourse bed is
level, the center line shall pass through a point midway between the
outside extremes of the level area.
Any change in an establishment's operations such that it
now falls under a different definition pursuant to this chapter, or
for undefined uses, a different classification, as determined by the
Town of Colonie Building Department, shall constitute a change in
use.
The entire transportation system of a mobile home comprising
the following subsystems: drawbar and coupling mechanism, frame, running-gear
assembly and lights.
Material consisting of stone, gravel, sand, dirt or soil
or masonry debris.
A privately owned open area, garage or building used for
temporary parking of motor vehicles for a fee.
Any business whose primary purpose is retail or wholesale
trade, any nonprofessional customer service (such as shoe repair,
tailoring, laundry, photography or hairstyling) or customer service
office uses (such as bank loan offices, insurance agents, travel agents
or tax return preparers). For purposes of prohibited use restrictions;
additional use standards, restrictions, and exceptions; base commercial
density; application of incentive zoning standards; and application
of design standards, "commercial use" shall refer to any use other
than the herein variously defined types of dwelling.
[Amended 6-28-2007 by L.L. No. 10-2007]
Open space, housing for persons of low or moderate income,
parks, elder care, day care or other specific physical, social or
cultural amenities, or cash in lieu thereof, of benefit to the residents
of the community.
An establishment licensed by New York State to maintain and
operate continuous day-and-night facilities providing skilled nursing
care, room and board, and personal services. Such use includes nursing
homes, hospices and convalescent homes but excludes hospitals.
A facility used for recreational, cultural, social, educational
and/or health care activities, not operated for profit, and with no
overnight accommodations provided. Food services may be provided as
an accessory use.
A facility operated not for profit and primarily for residents
of an apartment complex. Used for recreational, social, office and/or
fitness activities, with no overnight accommodations provided. Food
services may be provided as an accessory use.
[Added 5-1-2014 by L.L. No. 7-2014]
The Town of Colonie Comprehensive Plan as adopted by the
Town Board, and as may be subsequently amended.
A building or group of buildings in which units are owned
individually, and the structure, common areas and facilities are owned
by all the owners on a proportional undivided basis and the sole owner
or all the owners of which have submitted the subject property to
the provisions of the New York State Condominium Act.[2]
The community association which administers and maintains
the common property and common elements of a condominium.
Any established permitted use or any existing use otherwise
designated as a conforming use by this chapter. A use established
pursuant to the grant of a use variance shall not be considered a
conforming use, but shall not be subject to the abandonment provisions
of the nonconforming uses and structures article of this chapter.[3]
A conservation easement is a legal agreement between a landowner
and a land trust or government agency that permanently limits uses
of the land in order to protect its conservation values.
Characteristics such as steep slopes, wetlands, floodplains,
high water tables, forest areas, endangered species habitat, dunes
or areas of significant biological activity, agricultural activity,
scenic beauty or recreational value that render an area environmentally
sensitive and worthy of protection from activity that would significantly
alter its ecological integrity, balance or character.
Includes state- and federally-regulated wetlands, protected
watercourse areas, federally-designated flood hazard areas, and slopes
over 25% which include 2,000 square feet or more of contiguous sloped
area.
An establishment providing general contracting and/or building
construction services for residential, farm, industrial or commercial
uses, and which may involve outdoor storage of materials used in the
trade, machinery or equipment.
[Amended 11-19-2015 by L.L. No. 12-2015]
An establishment providing general contracting and/or building
construction services for residential, farm, industrial or commercial
uses, and which does not involve outdoor storage of materials used
in the trade, machinery or equipment.
[Added 11-19-2015 by L.L.
No. 12-2015]
Any building or structure or portion thereof, having 5,000
square feet or less in gross floor area, used for the retail sale
of a variety of goods, which may include dairy products, baked goods,
fresh or prepared meats, beverages, fresh or prepared foods such as
sandwiches and coffee, and fresh fruits and vegetables, in a form
ready for either on-site or off-site consumption, and which may also
include the sale of minor amounts of canned foods, dry goods, and
household, health and stationery supplies, and which may also include
limited seating for on-site consumption without wait service.
A structure or combination of structures designed to support
one or more of the following primary users: trade or consumer shows,
annual conventions, corporate conferences, educational meetings, sales
and incentive meetings, or sports events. Secondarily, such a use
will support receptions/banquets, entertainment events, community
events, school and youth events or religious events. This use may
also provide hotel rooms and/or food services accessory to the aforementioned
activities.
A secured institution under the supervision of the judiciary,
correctional departments of any local, state or federal governments,
or any law enforcement agency in which persons are or may be lawfully
held in custody after arrest or as a result of conviction of a crime.
The County of Albany.
A place in which the principal income is derived from crafting
classes, with accessory sale or provision of alcoholic beverages for
on-site consumption.
[Added 8-30-2018 by L.L.
No. 11-2018]
A minor street with one end open for public access and the
other terminating in a vehicular turnaround.
A building or space used for cultural education and experiences,
including museums, art galleries, aquariums, amphitheaters, theaters
and performance halls.
A drain or conduit not incorporated in a closed system that
carries water generally perpendicularly under a driveway, roadway,
railroad, pedestrian walk or public way.
A daytime program that provides health, social, or related
support services to meet the needs of functionally and/or cognitively
impaired adults. Programs may include meals, transportation services
to and from a patient's home, and/or specialized programs.
[Amended 2-3-2011 by L.L. No. 5-2011]
A child-care center providing care for periods of less than
24 hours to not more than 12 children, not related to the owner, operator
or manager thereof, whether such facility is operated with or without
compensation for such care, and with or without stated educational
purposes.
A child-care center which is maintained for the whole or
part of the day but for less than twenty-four-hour care of more than
12 children, not related to the owner, operator or manager thereof,
whether such facility is operated with or without compensation for
such care, and with or without stated educational purposes.
The acceptance by resolution of the Town Board of the Town
of Colonie of a parcel of land offered by an applicant for public
purposes.
A conveyance of realty, by written document signed by the
grantor, whereby title to realty is transferred from one party to
another.
The Albany County Department of Health.
A building used as group living quarters for a student body
or religious order as an accessory use for a college, university,
boarding school, orphanage, convent, monastery or other similar institutional
use.
The rigid assembly (usually an A-frame) upon which is mounted
a coupling mechanism, which connects a mobile home's frame to a towing
vehicle.
Any use of a property or part thereof in which users of the
property can access goods or services from within a vehicle. A drive-through
use must be accessory to a permitted principal use, and may include
restaurant and fast-food operations, banks, pharmacies, and convenience
stores.
A building or buildings, other than a hotel, motel or inn,
located on a single lot of record together with customary accessory
structures, and containing three or more dwelling units.
Multifamily dwellings designated exclusively for senior citizens
and handicapped people. Such housing usually has wider doors, elevators
that can accommodate wheelchairs, special support and hand bars, and
bathroom and kitchen facilities designed specifically for senior citizens
or the handicapped. It also may include personal care facilities,
central recreation areas and accessory medical facilities. Senior
citizen housing may be private or subsidized under one or more government
programs.
A building, not including a mobile home, containing one dwelling
unit, and located on its own separate lot of record together with
customary accessory structures.
A single-family dwelling accessory to a farm use.
A one-family dwelling unit which is one of a series of units,
having a common party wall between each adjacent unit, each with a
private outside entrance, each with its own separate lot of record,
and in which no unit is located over another unit, and having a totally
exposed front and rear wall to be used for access, light and ventilation.
A building or buildings located on a single lot of record
together with customary accessory structures and containing two dwelling
units.
A single unit within a building providing complete independent
living facilities for one or more persons, including permanent provisions
for living, sleeping, eating, cooking and sanitation.
[Amended 11-20-2014 by L.L. No. 15-2014]
A dwelling unit attached to, or created within, a single-family
home or accessory structure thereto, with separate ingress and egress,
and containing not more than 1,000 square feet of habitable area.
[Amended 11-20-2014 by L.L. No. 15-2014]
A dwelling unit within a single-family home, with shared
ingress and egress, containing not more than 1,000 square feet of
habitable area and specifically designed to house members of extended
family.
[Added 11-20-2014 by L.L. No. 15-2014]
A dwelling unit occupying a single building located on a
parcel together with a permitted commercial use, forming a mixed use.
[Added 6-28-2007 by L.L. No. 10-2007; amended 11-19-2015 by L.L. No.
12-2015]
A right granted by the owner of a parcel of real property
to another party for use of all or part of the parcel for a specified
purpose.
Includes assisted living facility, adult community care facility,
adult day care, nursing home and other similar uses.
A person licensed and registered as a professional engineer
by the State of New York or who has been issued a limited permit as
a professional engineer in the State of New York.
Any establishment intended for the sale or distribution of
adult-oriented products or for on-premises adult entertainment activities.
Such uses include any of the following: adult bookstore, adult drive-in
theater, adult entertainment cabaret, adult establishment, adult juice
bar, adult massage establishment, adult peep shows, adult theater.
To construct, build, raise, assemble, place, affix, attach,
create, paint or in any other way bring into being or establish.
Any act by which earth, sand, gravel, rock or any other material
is cut into, dug, quarried, uncovered, removed, displaced, relocated
or bulldozed, and shall include the conditions resulting therefrom.
A unit of rental office space not exceeding 500 square feet,
containing not more than three rooms and separated by construction
in accordance with the New York State Uniform Fire Prevention and
Building Code and which is designed by the building owner or landlord
as a permanent installation available for office use by tenants needing
office space for short periods not exceeding one year and/or tenants
needing to share in secretarial, clerical and office services made
available by the owner/landlord as part of a package of office space
services.
[Added 2-3-2011 by L.L. No. 5-2011]
A hotel or motel unit with accommodations for sleeping which
contains a kitchenette.
[Added 2-26-2015 by L.L. No. 3-2015]
One or more individuals occupying a dwelling unit and living
together as a single household unit with common access to, and common
use of, all facilities comprising the dwelling unit, as distinguished
from a boardinghouse or rooming house, fraternity or sorority house,
club, motel and other similar uses. Purpose for this chapter: to maintain
and preserve the character of the residential zones devoted to family
values and to reduce traffic and parking congestion, population density,
noise and other disturbances conflicting with the stable, uncongested
residential environment. It is the intent of this chapter to permit
all groups who are the functional equivalent of the natural family
to live in zones set aside for residential purposes and to allow those
uses recognized by the state to constitute familial-type living arrangements.
A tract of land consisting of five or more acres devoted
to the production of agricultural commodities such as crops, livestock
grazing, raising of hay for cows to produce milk and other dairy products,
raising of poultry, raising of horses and the growing of fruit.
A brewery or microbrewery which produces only New York State
labelled beer in accordance with New York State laws.
[Added 8-30-2018 by L.L.
No. 11-2018]
A direct-marketing operation without a permanent structure
and only offering outdoor shopping. Such an operation is seasonal
in nature and features on-farm-produced as well as locally produced
agricultural products, enhanced agricultural products and handmade
crafts.
Any building or structure or portion thereof, excluding convenience
food stores and mini-marts, used for the sale, dispensing or serving
of food, refreshments or nonalcoholic beverages in a form ready to
eat or consume, including those establishments where customers may
serve themselves and may eat or drink the food, refreshments or nonalcoholic
beverages on or off the premises.
Any act by which earth, sand, gravel, rock or any other material
is deposited, placed, pushed, pulled or transported to a place other
than the place from which it originated, and shall include the conditions
resulting therefrom.
The natural surface of the ground within 10 feet of a building
or the surface of the ground within 10 feet of a building after completion
of any change in contour.
An area in a structure that has been finished for living,
bathing, sleeping, eating and cooking, including, but not limited
to, bedrooms, living rooms, dining rooms, kitchens, closets, bathrooms,
toilet rooms, hallways, storage or utility areas, garages and other
similar finished spaces.
[Added 6-24-2021 by L.L. No. 1-2021]
The fabricated rigid substructure which provides considerable
support to an affixed manufactured home structure both during transport
and on site and also provides a platform for securement of the running-gear
assembly, the drawbar and coupling mechanism.
A group of people formally organized for a common interest,
usually cultural, entertainment, religious or educational, generally
having regular meetings, rituals and formal written membership requirements.
A dwelling or dwelling unit maintained exclusively for fraternity
or sorority members and their guests or visitors which is affiliated
with an academic or professional college, university or other institution
of higher learning, and which is accessory to such institution.
[Amended 5-1-2014 by L.L. No. 7-2014]
The total length of the property line of a parcel bounded
by or abutting a street right-of-way.
A building used for the preparation of the deceased for burial
and the display of the deceased and ceremonies connected therewith
before burial or cremation. May or may not include facilities for
cremation and the sale of items accessory to the burial, cremation
or other disposal of the deceased.
A building or portion thereof arranged, intended or designed
to be used for the housing of motor vehicles.
The sale of five or more new or used items of personal property
at a residential premises at any one time. This shall include all
sales commonly entitled "yard sale," "tag sale," "porch sale," "lawn
sale," "attic sale," "basement sale," "rummage sale," "estate sale"
or any other similar casual sale of tangible personal property.
An establishment primarily engaged in the retail sale of
trees, shrubs, other plants, seeds, bulbs, mulches, soil conditioners,
fertilizers excluding bulk fertilizer, pesticides, garden tools and
other garden supplies to the general public. These establishments
may either sell products purchased from others or those grown on site.
Use includes nurseries and greenhouses.
Any person acting as supervisor or employer of workmen, mechanics
or laborers, in whole or in part, whether the same are engaged directly
by him or her, or by some subcontractor, in the construction of any
building, structure or other work, and which may involve outdoor storage
of materials used in the trade, machinery or equipment.
[Added 11-19-2015 by L.L.
No. 12-2015]
A tract of land for playing golf, improved with tees, greens,
fairways and hazards, and may include clubhouses, shelters, bathrooms,
restaurant and bar facilities and/or a golf driving range as permitted
accessory uses.
An area of land or a building, structure or premises or part
thereof operated for profit or gain as a commercial place of amusement,
in which facilities are provided to simulate the game of golf or any
aspect of the game on a small scale, but does not include a golf ball
driving range.
Excavation or fill.
A permeable open area that is either natural or landscaped.
The sum of the gross horizontal areas of the several floors
of a building or structure from the exterior face of exterior walls
or from the center line of a wall separating two buildings, but excluding
any space where the floor-to-ceiling height is less than seven feet.
This definition shall include anything covered by a roof, including
garages, sunrooms, and covered porches.
[Amended 4-6-2017 by L.L.
No. 4-2017]
The total floor area for which a tenant pays rent and that
is designated for the tenant's occupancy and exclusive use. It does
not include public or common areas.
Area in a structure for living, sleeping, eating or cooking.
Maintenance or utility space, parking garages and similar areas are
not considered habitable space.
Any person having an impairment which is expected to be of
long-continued and indefinite duration, is a substantial impediment
to his or her ability to live independently, and is of a nature that
such ability could be improved by more suitable housing conditions;
or a person who is developmentally disabled, i.e., if he or she has
a disability attributable to mental retardation, cerebral palsy, epilepsy,
autism or another neurological condition found by the United States
Secretary of Health, Education and Welfare to be closely related to
mental retardation or to require treatment similar to that required
for mentally retarded individuals, which disability originates before
such individual attains age 18 and which constitutes a substantial
handicap to such individual.
A commercial establishment intended for the providing of
membership-based use of wellness and fitness equipment and services,
including indoor recreational fitness facilities, weight lifting,
indoor tennis facilities, indoor pools and space for various individual
and group exercise programs.
Storage, rental, sales and service of farm and heavy equipment
and machinery, including logging equipment, tractor-trailers, and
related farm and heavy transportation equipment such as bulldozers,
backhoes, engines, compressors, trucks over 2.5 tons, tractors, construction
equipment and other heavy machinery, vehicles or motors.
The vertical distance between the ground level under a sign
and the highest point of the sign structure.
The vertical distance from the average ground level at the
front of the main foundation to the highest point of the roof, unless
otherwise specified herein.
[Amended 2-3-2011 by L.L. No. 5-2011]
The vertical distance from the average ground level at the
base of the structure to the level of the highest point of the structure.
The Town of Colonie Highway and Drainage Standards as currently
in existence or as subsequently amended.
The Street and Highway Law of the Town of Colonie as adopted
on December 16, 1982, or as subsequently amended.[4]
A limited access highway shall include I-87, NYS Route 7
between I-787 and I-87, I-787, I-90 and I-890.
Any limited personal service, professional service or business
use customarily conducted within a dwelling or customary accessory
building and carried on by the resident thereof, which use is clearly
accessory, incidental and secondary to the use of the premises for
residential purposes and does not alter the residential character
thereof, and which home occupation use shall be fully consistent with
the accessory use limitations contained in this chapter.
LEVEL IAn occupation or profession carried on within a dwelling unit or an accessory structure that meets the dwelling unit setbacks, and which is clearly incidental to the use of the dwelling unit for residential purposes, does not change the character thereof, and conforms to the home occupation standards in the general regulations article of this chapter.[5]
LEVEL IIA home occupation Level II is the same as a home occupation Level I but allows an increased intensity of the use as described in the home occupation standards in the general regulations article of this chapter.
A community association, other than a condominium association,
that is organized in a development in which individual owners share
common interests and responsibilities for costs and upkeep of common
open space or facilities.
An institution which is primarily engaged in providing medical,
diagnostic and major surgery facilities for medical care and treatment
of sick and injured persons on an inpatient basis under supervision
of duly licensed physicians and twenty-four-hour nursing service.
"Hospital" does not include a convalescent home, rest home, nursing
facility, facility affording custodial or educational care, or facility
for the aged, drug addicts or alcoholics.
A commercial establishment in which lodging is regularly
provided and offered to the public for compensation, which is customarily
open to transient guests, and which may include ancillary facilities
and services such as restaurants, meeting rooms, entertainment, personal
services, and recreational facilities. A hotel/motel unit may not
contain a kitchen. Outdoor athletic courts and facilities are permitted
accessory uses.
[Amended 2-26-2015 by L.L. No. 3-2015]
Adjustments to the permissible density, area, height, open
space, use or other provisions of this chapter.
A five-percent reduction in the minimum green space required
in a project.
Heavy industrial uses include those in which raw materials
are processed and/or used to manufacture, fabricate, or assemble finished
goods or products, with accessory exterior storage of goods, materials,
and finished products.
[Amended 8-30-2018 by L.L. No. 12-2018]
Light industrial uses include those which are conducted indoors
and which do not involve exterior storage of raw materials, goods,
or finished products. Such uses may include showrooms for the sale
of finished products. All work takes place wholly within an enclosed
building.
[Amended 8-30-2018 by L.L. No. 12-2018]
See "hotel."
The use of more than 200 square feet of the area of any lot,
whether inside or outside a building, or the use of any portion of
a lot lying within 100 feet of any street for the storage, keeping
or abandonment of junk, including scrap metals or other scrap materials,
or the dismantling, demolition or abandonment of automobiles or other
vehicles or machinery or parts thereof.
A place where more than one animal is kept for breeding,
training or boarding or for hire, compensation or profit. Exempt from
the definition of “kennel” is the incidental indoor boarding
of animals by retail pet stores and veterinary clinics.
[Amended 5-1-2014 by L.L. No. 7-2014]
A space, 60 square feet or more in floor area, used for cooking
or preparation of food.
A space, less than 59 square feet in floor area, used for
cooking or warming of food and containing, at minimum, a refrigerator,
a stove and/or cook top, and a sink.
[Amended 2-26-2015 by L.L. No. 3-2015]
Those areas of a lot consisting of lawns, trees, plants and
other natural materials which are designed to be green areas and which
shall not contain buildings or structures other than fences and shall
not be used for the display or storage of any merchandise or material
or used for parking of vehicles.
An establishment providing general landscaping and/or lawn
maintenance services for residential, farm, industrial or commercial
uses, and which may involve outdoor storage of materials used in the
trade, machinery or equipment.
[Added 11-19-2015 by L.L.
No. 12-2015]
An establishment providing general landscaping and/or lawn
maintenance services for residential, farm, industrial or commercial
uses, and which does not involve outdoor storage of materials used
in the trade, machinery or equipment.
[Added 11-19-2015 by L.L.
No. 12-2015]
A publicly operated facility housing a collection of books
and other printed or recorded materials maintained for reading, consultation,
study and research, with a staff trained to provide services to meet
the needs of its users. A "library" may also provide educational,
cultural and recreational programs or events, and may provide access
to and instruction in the use of online and Internet resources.
Any light, string of lights or group of lights located or
arranged so as to illuminate a billboard, sign, structure or building.
The actual movement of persons, merchandise, goods or cargo
into or out of a vehicle.
A symbol, graphic, trademark or emblem commonly associated
with or representing a specific entity, product or concept.
A parcel of land occupied or designed to be occupied by one
or more buildings and the accessory structures or uses customarily
incident thereto, including such yards as are required by this chapter
or are arranged and designed to be used in connection therewith.
A lot or parcel of land abutting upon two or more streets
at their intersection or upon two parts of the same street forming
an interior angle of less than 135°.
A lot other than a corner lot.
A lot which fronts upon two streets which do not intersect
at the boundaries of the lot.
The total area within the lot lines of a lot, excluding any
street rights-of-way.
The smallest lot area established by this chapter on which
a use or structure may be located in a particular zoning district.
The length of the front lot line measured at the street right-of-way
line.
A line of record bounding a lot which divides one lot from
another lot or from a street or any other public space.
The lot line separating a lot from a street. On a corner
lot, adjacent front lot lines shall be divided at the midpoint of
their connecting curve.
[Amended 6-28-2007 by L.L. No. 10-2007]
The lot line opposite and most distant from the front lot
line. A corner lot may have no rear lot line but has at least two
front lot lines and two side lot lines.
Any lot line other than a front or rear lot line.
A lot which exists as shown or described on a plot or deed
in the records of the local registry of deeds.
The shortest distance within a lot between opposing side
lot lines. On a corner lot, the shortest distance within the lot between
a side lot line and the opposing front lot line.
[Amended 6-28-2007 by L.L. No. 10-2007; 8-28-2008 by L.L. No. 8-2008]
Preservation or upkeep of the condition of property.
State or county roads except Wolf Road, NYS Route 2, NYS
Route 9 south of NYS Route 2, and NYS Route 5.
A factory-manufactured structure constructed and transportable
upon one or more permanent chassis, designed to be used as a single-family
residential dwelling, with or without a permanent foundation when
connected to the required utilities, and includes the plumbing, heating,
air-conditioning and electrical systems contained therein. The chassis
of a manufactured home shall have as an integral part a frame as defined
by this article. The removal of the drawbar and coupling mechanism,
running-gear assembly or lights from the chassis shall have no effect
upon this definition. A manufactured home may contain parts that fold,
collapse or telescope when being towed and expand later to provide
additional cubic capacity as well as two or more separately towable
components designed to be joined into one integral unit, capable of
being again separated into the components for repeated towing. Calculations
used to determine the number of square feet in a structure will be
based on the structure's exterior dimensions measured at the largest
horizontal projections when erected on site. These dimensions will
include all expandable rooms, cabinets and other projections containing
interior space but shall not include bay windows.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
A low-intensity business involving assembly or disassembly
of items, wherein all work takes place wholly within an enclosed building
of 5,000 square feet or less, and where finished products may be sold
on site.
[Added 8-30-2018 by L.L.
No. 12-2018]
Any facility which provides services or berthing places for
vessels on the Town's waterways.
A health professional licensed by the State of New York to
apply a variety of scientifically developed massage techniques to
the soft tissue of the body to improve muscle tone and circulation.
An office or clinic providing medical or dental care on either
an appointment or walk-in basis.
Wording or copy on a sign.
A limited-production brewery, typically producing specialty
beers, with small scale on-site production and consumption, and with
accessory off-site distribution.
[Added 8-30-2018 by L.L.
No. 11-2018]
The extraction or removal of minerals from the ground, as
defined in applicable law of the State of New York regulating such
use.
A convenience food store which includes the retail sale of
motor vehicle fuel.
A building or series of buildings with space rented on a
temporary basis for storing nonhazardous goods; business, personal
or household effects, and other items of personal property.
All roads in the Town of Colonie not considered "major roads."
A structure which meets the criteria delineated by the New
York State Uniform Fire Prevention and Building Code for single-family
or multifamily residential units and is designed only for erection
or installation on a site-built permanent foundation. A modular home
is not designed to be moved once erected or installed on a site-built
permanent foundation, and must bear a manufacturer's certification
that, to the manufacturer's knowledge, the modular home is not intended
to be used other than on a site-built permanent foundation.
See "hotel."
A facility for performing of thorough cleaning, restoration,
and finishing of a motor vehicle's exterior and/or interior.
[Added 8-30-2018 by L.L.
No. 10-2018]
Any area of land, including structures thereon, that is used
for the retail sales of motor vehicles or boats and accessories, which
may or may not include accessory repair shop services.
An open area, building or series of buildings on the same
lot arranged, intended or designed to be used for the temporary storage
only of motor vehicles or boats, with or without an attendant.
Any area of land, including structures thereon, that is used
for the rental of motor vehicles.
Any establishment that offers repair of damaged or malfunctioning
major motor vehicle systems or components, including but not limited
to engines, transmissions, axles, frames, body parts, painting of
body parts, suspension components other than shock absorbers and struts,
steering systems, cooling systems, air conditioning, and interior
or exterior trim.
[Amended 11-19-2015 by L.L. No. 12-2015]
Any establishment that offers minor repairs, maintenance
and servicing functions for motor vehicles, including but not limited
to oil changes, brake service and installation or repair of tires,
mufflers, shock absorbers and suspension struts, or any establishment
at which motor vehicles are inspected for the purposes of appraising,
evaluating or estimating the extent or value of motor vehicle damage
or the necessity or cost of motor vehicle repairs.
A building or premises or portion thereof arranged, intended
or designed to be used for the sale at retail of motor vehicle fuel
and accessories.
A building or part of a building devoted to the commercial
showing of motion pictures.
Includes municipal buildings, municipal parking, public streets,
storm sewers, water systems, bus shelters and park-and-ride transit
facilities.
As corrected in 1929, a vertical control used as a reference
for establishing varying elevations.
Structures for which the start of construction commenced
on or after the effective date of this chapter.
An establishment that offers the sale of liquor in conjunction
with live entertainment and/or dancing and that is licensed in accordance
with the relevant statute.
Any lawfully established use of property existing at the
time of the passage of this chapter that does not conform to the regulations
thereof.
An area or place where seeds and plants are grown for transplanting,
for use as stocks, for budding and grafting or for sale, either within
a greenhouse or out of doors.
Any building or part of a building in which licensed professional
health care providers provide medical, dental or podiatric care.
Any building or part of a building in which one or more persons
are employed in the management or direction of an agency, business
or organization, but excludes such uses as retail sale; manufacture,
assembly or storage of goods; or place of assembly or amusement.
The Town of Colonie Official Highway Map, as presently existing
or as subsequently adopted or amended.
A parcel or parcels of land for which permits may be issued
for the erection of structures to which access is given by right-of-way
or easement pursuant to Town Law § 280-a.
[Added 4-11-2013 by L.L. No. 8-2013]
Every vehicle having an overall length of more than 25 feet
or an overall width of more than eight feet or an overall height (exclusive
of antennas or similar accessories) of more than eight feet or weighing
more than 8,000 pounds. All such widths are inclusive of loads and
attachments.
A person recorded as such on official records and including
but not limited to a duly authorized agent, purchaser, devisee or
any person having a vested or contingent interest in the property
in question.
A game in which players on one team seek to eliminate those
on an opposing team by marking them with a water-soluble dye shot
in.
A piece of real property which is defined on an approved
subdivision map recorded with the Albany County Clerk or is legally
defined in a deed recorded with the Albany County Clerk.
A tract of land designated for use by the public for active
or passive recreation.
The stopping of a vehicle, whether or not attended or occupied,
for any interval of time longer than necessary for loading.
The occupancy of a dwelling unit by the same natural person
or family for 30 or more consecutive days.
[Added 9-9-2021 by L.L. No. 3-2021]
A sticker affixed either to the face or the channel of a
sign denoting that the sign to which it is affixed has been authorized
by Town officials pursuant to the provisions of this chapter.
Any use which is included in the list of permitted uses in
the zoning district in which it is located or proposed to be located.
A use established pursuant to the grant of a use variance shall not
be considered a permitted use.[6]
Any individual, firm, partnership, association, corporation,
company, institution or organization of any kind.
Any business for personal grooming or care, including, but
not limited to, hair salon, barbershop, nail salon, massage therapist,
tanning salon, and day spa.
[Amended 5-1-2014 by L.L. No. 7-2014]
Any business for grooming of pets, including hygienic care,
cleaning, clipping, bathing, brushing and styling. Exempt from the
definition of “pet grooming” are kennels, retail pet stores
and veterinary clinics.
[Added 5-1-2014 by L.L. No. 7-2014]
Any structure in which any recognized religious organization
which has a tax-exempt status pursuant to the United States Internal
Revenue Code meets to practice its religion.
The Town of Colonie Planning Board.
A structure that is designed, constructed, and commonly used
for temporary placement on residential property for the purpose of
temporary storage of personal property.
[Added 2-3-2011 by L.L. No. 9-2011]
An educational program intended primarily for children not
yet attending kindergarten.
An educational program intended primarily for children not
yet attending kindergarten and accessory to a place of worship or
school.
The entrance primarily used by customers/guests to enter
a building.
Where a parcel has more than one public highway right-of-way
abutting it, one frontage shall be designated by the applicant as
the "primary frontage" of the parcel, the other frontage(s) for said
parcel shall be known as the "secondary frontage(s)." Where frontage
along the highway is discontinuous, one continuous segment of the
frontage shall be designated as the "primary frontage." The remaining
segments shall be known as "secondary frontages."
A group of people organized for a not-for-profit purpose
to pursue common goals, interests or activities and usually characterized
by certain membership qualifications, payment of fees and dues, regular
meetings and constitution and bylaws. A lodge used for meetings by
fraternal organizations shall be considered a "club" so long as it
is not used for dwelling purposes. Commercial organizations, such
as but not limited to tennis clubs, racquet clubs and physical fitness
clubs, shall not be considered private clubs.
See "applicant."
An area set aside for team sports or other passive recreational
activities, such as walking and picnicking, which do not require buildings
or structures other than accessory sanitary facilities.
A vehicle which is designed to be used as a temporary dwelling
for travel, recreational or vacation purposes, including but not limited
to the following:
TRAVEL TRAILERA vehicular, portable structure built on a chassis, designed to be towed behind a motor vehicle.
PICKUP CAMPERA structure designed primarily to be mounted on a pickup or truck chassis.
MOTOR HOMEA portable dwelling designed and constructed as an integral part of a self-propelled vehicle.
TENT CAMPERA portable dwelling, consisting primarily of a folding tent mounted on a trailer body.
The clearing or cutting of live plant material from the land,
including grass or other ground cover, brush, shrubs and trees.
A building or structure built, altered and/or equipped for
experimental or scientific study or testing and analysis for experimental
research in the field of study and limited construction of pilot or
test models and materials and which does not emit or pass off sound,
vibration, light, odors, smells, smokes or other noxious or bothersome
products beyond the boundaries of the structure.
A building or structure or portion thereof, primarily arranged,
intended or designed for the service of meals at tables or counters.
The sale of goods or commodities to ultimate consumers.
Any building, or that portion of any building, used as a
place of commercial business that provides the sale, rental or servicing
of goods or commodities directly to the consumer, where such goods
are normally available for immediate purchase and removal from the
premises by the purchaser. Such use may include an artisan studio/shop.
[Amended 8-28-2008 by L.L. No. 8-2008]
Any exterior building surface whose slope is less than two
vertical to one horizontal.
The top edge of the roof or top of the parapet, whichever
forms the top line of the building silhouette.
Any not-for-profit, public or private university, college,
elementary, junior high, middle or high school, accredited or chartered
by the New York State Education Department or the New York State Board
of Regents.
A person 55 years of age or older.
[Added 6-28-2007 by L.L. No. 10-2007]
A family of two or more persons, the head of
which (or his or her spouse) is a senior citizen or a handicapped
person;
The surviving member or members of any such
family who were living with a deceased member of the family at the
time of his or her death;
Two or more senior citizens or handicapped persons
living together; or
One or more senior citizens or handicapped persons
living with a home health care provider who provides essential care
to the senior citizen(s) or handicapped person(s) based on a certification
of need for such care by a qualified health care practitioner.
The New York State Environmental Quality Review Act.
Any commercial enterprise whose primary activity is the provision
of services or assistance, as opposed to products, to individuals,
business, industry, government or other enterprises.
The minimum distance required between a structure and a lot
line.
The maximum permitted distance between a front lot line and
a building, as measured to the nearest point of the building wall
facing that lot line. Canopies, awnings, eaves or other such projections
shall not be considered in measuring the maximum setback.
[Added 6-28-2007 by L.L. No. 10-2007]
A nongovernmental facility that provides retail shipping,
postal, mailbox, business and document services to the general public
for a fee.
Any permanent single- or multifamily residence that is advertised
and/or rented for a period of less than 30 days through an online
platform or application, including, but not limited to, AirBNB, VRBO,
HomeAway, HometoGo, FlipKey, Booking.com, 2nd Address.
[Added 9-9-2021 by L.L. No. 3-2021]
Any identification, description, illustration or device,
illuminated or nonilluminated, which is visible from any public place
or is located on private property and exposed to the public and which
directs attention to a product, service, place, activity, person,
institution, business or solicitation, including any permanently installed
or situated merchandise, or any logo, painting, banner, pennant, placard
or temporary display designated to advertise, identify or convey information,
with the exception of window displays and national flags. "Signs"
shall also include all sign structures.
The area of the largest single face of the sign within a
perimeter which forms the outside shape, including any frame, or forms
an integral part of the display, but excluding the necessary supports
or uprights on which the sign may be placed. If the sign consists
of more than one section or module, all areas will be totaled.
Any structure which supports, has supported or is capable
of supporting a sign, including the decorative cover.
A sign which, for a period of 90 consecutive days, has not
correctly directed or exhorted any person, advertised a bona fide
business, lessor, owner, product or activity conducted or product
available on the premises where such sign is displayed.
A portable sign which is typically constructed or shaped
in the form of the letter “A.”
[Amended 5-1-2014 by L.L. No. 7-2014]
Any sign which includes action or motion or whose copy is
changeable by other than direct manual intervention.
A sign, such as an electronically or electrically controlled
public service time, temperature and date sign, message center or
reader board, where different copy changes are shown.
A sign on which copy is changed manually in the field, i.e.,
reader boards with changeable letters or changeable pictorial panels.
A sign identifying a complex but which does not include identification
of any individual business within the complex.
A temporary sign erected on the premises on which construction
is taking place, during the period of such construction, indicating
the names of the architects, engineers, landscape architects, contractors
and similar persons or firms having a role or interest with respect
to the structure or project.
The entire area within a single continuous perimeter composed
of squares, rectangles, circles, ovals or any other geometrical shape
which enclose the extreme limits of the message, announcement or decoration
on a fascia, wall or freestanding sign.
Any sign displaying static images controlled by electronic
communication.
[Added 11-20-2014 by L.L. No. 16-2014]
Any sign commonly associated with and limited to information
and directions necessary and convenient for persons coming on the
property, including signs marking site entrances, parking areas, one-way
drives, rest rooms, pickup and delivery areas and the like.
[Amended 6-28-2007 by L.L. No. 10-2007]
Any sign containing a list of the names of business establishments
located within a building complex. The style, lettering and color
for all tenants identified on such signs shall be substantially similar.
No logos shall be permitted on such signs.
Any two-faced sign utilizing both faces or surfaces for display
purposes.
Any sign not affixed to a building.
A sign erected and maintained pursuant to and in discharge
of any governmental function or required by any law or ordinance or
governmental regulation.
A temporary sign permitted for 30 days only to announce the
opening of a completely new enterprise or the opening of an enterprise
under new management.
The average ground elevation within 10 feet measured horizontally
of a sign base.
A sign which is limited to the name, address and number of
a building, institution, complex or person.
Any sign which is abandoned or is not properly maintained
or for which a valid Town of Colonie building or sign permit has not
been obtained and which is not exempt from the provisions of this
article.
Any sign which emanates light either by means of exposed
tubing or lamps on its surface or by means of illumination transmitted
through the sign surface or which reflects lights from a source intentionally
directed upon it.
Any sign advertising or calling attention to any business
or activity not located on the same continuous parcel of real estate
as the sign, or any sign advertising or calling attention to any commodity
or service not sold or offered upon the same continuous parcel of
real estate as the sign.
A sign for which a permit has been issued pursuant to the
provisions of this chapter for the period stated in the permit.
A temporary sign announcing or supporting political candidates
or issues connected with any national, state or local election.
A sign designed or constructed in such a manner that it can
be moved or relocated without involving any structural or support
changes.
Complex identification sign located on a parcel's primary
frontage.
A temporary sign advertising the sale of personal property
at house sales, garage sales, rummage sales and the like.
A sign that is wholly or partly dependent upon a building
for support and which projects more than 18 inches from such building.
Any sign intended primarily to promote items of general interest
to the community, such as time, temperature and date, atmospheric
conditions, news or traffic control, etc.
A sign pertaining to the sale or lease of the premises or
a portion of the premises on which the sign is located, excluding,
however, "sold by" signs.
Any identification that identifies the name of a subdivision
only; it must be accompanied by a maintenance agreement from the entity
responsible to maintain the sign; it may be located on an individual
parcel or on open space within the subdivision.
Any identification that identifies the name of a subdivision
but may also identify the builder, architect, and/or lending institution;
it may be located on an individual parcel or on open space within
the subdivision; it must be removed when the last lot has been issued
a building permit.
Any sign erected upon, against or directly above a roof or
on top of or above the parapet of a building.
Any sign or portion of a sign which moves in a revolving
or similar manner, but not including multi-prism indexing signs.
Complex identification sign located on a parcel's secondary
frontage(s).
Any sign permitted pursuant to the provisions of this article
other than a permanent sign.
A sign affixed to the underside of a permanent, covered walkway
fronting and connecting three or more commercial premises having direct
customer access to the outdoors and erected perpendicular to the fronts
of such premises at the entrance so as to aid passerby pedestrians
in identifying the location of such premises. All such signs within
a commercial complex shall be of the same coloring and shall use the
same lettering style and shall not contain logos or any other information
than the name of the commercial establishment.
A sign fastened to or painted on the wall of a building or
structure in such a manner that the wall becomes the supporting structure
for, or forms the background surface of, the sign and which does not
project more than 18 inches from such building or structure.
A sign which is applied or attached to the interior of a
window or located within three feet of the interior of the window
and which can be seen from the exterior of the structure and which
is nonelectric in nature.
Electrical or thermal energy storage devices, material, hardware,
inverters, or other electrical equipment and conduit of photovoltaic
devices associated with the production of electrical energy.
[Added 3-23-2017 by L.L.
No. 2-2017]
An electrical or thermal generating system composed of a
combination of solar panels and solar energy equipment.
[Added 3-23-2017 by L.L.
No. 2-2017]
A solar energy system that is anchored to the ground and
attached to a pole or other mounting system and detached from any
other structure and produces energy primarily for the purpose of onsite
consumption.
[Added 3-23-2017 by L.L.
No. 2-2017]
A solar panel system located on the roof of a building that
produces energy for onsite or offsite consumption.
[Added 3-23-2017 by L.L.
No. 2-2017]
A ground-mounted commercial solar energy system that produces
energy primarily for the purpose of offsite sale or consumption.
[Added 3-23-2017 by L.L.
No. 2-2017]
A photovoltaic device capable of collecting and converting
solar energy into electrical or thermal energy.
[Added 3-23-2017 by L.L.
No. 2-2017]
The land in the floodplain within the Town subject to a one-percent
or greater chance of flooding in any given year. This area may be
designated as Zone A, AE, AH, AO, A1 through A99, V, VO, VE or V1
through V30. It is also commonly referred to as the "base floodplain"
or "one-hundred-year floodplain."
The initiation, excluding planning and design of any phase
of a project, of physical alteration of a property, and shall include
land preparation, such as clearing, grading and filling; installation
of streets and/or walkways; excavation for a basement, footings, piers
or foundations or the erection of temporary forms. It also includes
the placement and/or installation on the property of accessory buildings
(garages, sheds), storage trailers and building materials. For manufactured
homes, the "actual start" means affixing of the manufactured home
to its permanent site.
In a single-tenant building, the linear distance of that
wall of a building which contains the main entrance to the building.
In a complex, the linear distance of that wall which encloses a tenant
space and contains the tenant's primary access to the outdoors.
That portion of a building's habitable space, other than
a basement, included between the surface of any floor and the surface
of the floor next above it.
[Amended 4-6-2017 by L.L.
No. 4-2017]
A public or private right-of-way for vehicles or pedestrians,
excluding limited access highways and navigable waterways, used or
laid out to be used in connection with two or more lots, and which
embraces all of the right-of-way, whether paved or not, including
ditches. A street shall be deemed to have been laid out prior to the
passage of this chapter if a map showing such street was at such time
on file in the office of the Albany County Clerk.
A nonelectric sign identifying the number and/or name of
the street where a specific building is located.
An assembly of materials forming a construction framed of
component parts and installed on, above or below the surface of land
or water. Structures include but are not limited to buildings, gas
or liquid storage tanks, ground and roof solar arrays, and sheds,
and exclude such things as signs, sidewalks, paving, fences, retaining
walls, decorative walls, subsurface utilities, utility service boxes,
and mailboxes.
[Amended 11-20-2014 by L.L. No. 15-2014; 11-19-2015 by L.L. No. 12-2015]
The division of a lot, tract or parcel of land into lots,
tracts, parcels or other divisions of land for sale, development or
lease.
Any building or structure or portion thereof, having more
than 5,000 square feet in gross floor area, used for the retail sale
of a variety of goods, which may include dairy products, baked goods,
fresh or prepared meats, beverages, fresh or prepared foods, fresh
fruits and vegetables, canned foods, dry goods, and automotive, household,
health, and stationery supplies, and which may also include seating
for on-site consumption.
A person licensed and registered as a land surveyor by the
State of New York or who has been issued a limited permit as a professional
land surveyor in the State of New York.
[7]See "cultural venue."
The Town of Colonie.
The Town of Colonie Town Board.
The duly designated Town Engineer of the Town of Colonie
or his authorized deputy, agent or representative.
An intermediate destination for solid waste.
A small, roofed structure, having from one to three walls,
located near a street, and designed primarily for the protection and
convenience of bus passengers.
A parcel on which produce, flowers, ornamental plants or
nursery stock are grown for on-premises or off-premises sale.
[Added 6-28-2007 by L.L. No. 10-2007]
The total acreage of a proposed development parcel excluding
constrained land.
All storm sewer, sanitary sewer, water distribution, gas,
electric power, telephone, cable television, and similar services,
designed and installed with the intent to serve the general public.
A grant of relief from the requirements of this chapter which
permits construction or use in a manner that would otherwise be prohibited
by this chapter.
Any variance granted by the Zoning Board of Appeals, the
issuance of which allows a lot to be created, or a use, building or
structure to be established, with different dimensional or other physical
characteristics (e.g., lot area or width, building height or area,
front, rear or side yard depth) than would otherwise be permitted.
Any variance granted by the Zoning Board of Appeals, the
issuance of which allows a use to be established in a district or
portion of a district in which it would not otherwise be permitted.
Passenger auto, truck, tractor-truck, trailer, bus, motorcycle
or other such machine or equipment, however propelled, including but
not limited to tractors and bulldozers or any device in, upon or by
which any person or property may be transported upon a street.
A licensed professional who provides care, diagnosis and
treatment of sick, ailing, infirm or injured animals and those that
are in need of medical or surgical attention.
Any building surface whose slope is two vertical to one horizontal
or steeper.
A building or part of a building used for the storage and
distribution of goods, wares, merchandise, substances or articles.
Warehousing does not include mini-warehouse/self-storage facility,
and does not include wholesale or retail sales.
Any natural or artificial stream, river, creek, ditch, canal,
waterway, gully, ravine or wash in which water flows in a definite
direction or course, either continuously or intermittently, and which
has a definite channel, bed and banks, and shall include any area
adjacent thereto subject to inundation by reason of overflow or flood.
An area 100 feet either side of the center line of a watercourse
channel and within a radius of 100 feet from the upstream and downstream
ends of the watercourse channel center line. Where the watercourse
channel is greater than 100 feet in width, the watercourse area shall
extend to a distance of 50 feet from each side of the channel.
That portion of the watercourse through which water physically
passes under normal conditions.
Business dedicated primarily to the sale of commodities to
retailers and shall include the sale of commodities for the purpose
of carrying on any trade or business even if the said trade of business
is the consumer or end user of the commodity.
A space on the same lot with the building between the front
building line and the front lot line. A building on a corner lot or
through lot shall have a front yard with respect to each front lot
line.
A space on the same lot with the building, excluding any
front yard or side yard areas.
A space on the same lot with the building, situated between
the building and the side lot line, and extending through from the
front building line to the rear building line or, on a through lot,
lying between the two front building lines. A side yard shall be established
with respect to each side lot line.
The Town of Colonie Zoning Map, as adopted on January 4,
2007, and as subsequently amended, which depicts the location of the
various zoning districts in the Town of Colonie (excluding the incorporated
villages of Colonie and Menands).[8]
[1]
Editor's Note: The Dimensional Table is included at the end of this chapter.
[2]
Editor's Note: See Real Property Law Art.
9-B.
[6]
Editor's Note: See also the Table of Permitted Uses included as an attachment to this chapter.
[7]
Editor's Note: The former definition of “telecommunications
tower,” which immediately followed this definition, was repealed
11-5-2009 by L.L. No. 12-2009.
[8]
Editor's Note: The Zoning Map is on file and
available in Town offices for inspection during normal business hours.
Certain abbreviated terms as used in this chapter
have the following meanings:
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ABA
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Airport Business Area (zoning district)
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ADA
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The Federal Americans with Disabilities Act
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ANSI
|
American National Standards Institute
|
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CEM
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Cemetery (zoning district)
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CO
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Commercial Office (zoning district)
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COR
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Commercial Office Residential (zoning district)
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DCC
|
The Town of Colonie Development Coordination
Committee
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FCC
|
Federal Communications Commission
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FEMA
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Federal Emergency Management Agency
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FIRM
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Flood Insurance Rate Map
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HCOR
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Highway Commercial Office Residential (zoning
district)
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HOA
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Homeowners' association
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HVAC
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Heating, ventilation, and air conditioning
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IND
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Industrial (zoning district)
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LC
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Land Conservation (zoning district)
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MFR
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Multifamily Residential (zoning district)
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MH
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Manufactured home
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MHP
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Manufactured home park
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NCOR
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Neighborhood Commercial Office Residential (zoning
district)
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NFPA
|
National Fire Protection Association
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NGVD
|
National Geodetic Vertical Datum
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OR
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Office Residential (zoning district)
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PDD
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Planned Development District (zoning district)
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PEDD
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The Town of Colonie Planning and Economic Development
Department
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SEAMAB
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The Town of Colonie Significant Environmental
Areas Management Appeals Board
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SEQR or SEQRA
|
The New York State Environmental Quality Review
Act
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SFR
|
Single Family Residential (zoning district)
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SP
|
Special permit
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