Town of Clifton Park, NY Definitions

BUILDING FRONT LINEThe line extended to each side lot line from the outermost point of any part of a building, excluding porches, steps, attached garage or other accessory structure, and parallel to the street line.

BUILDING SIDE LINEThe line extended to the building front line and building rear line from the outermost point in any part of the building and parallel to the side wall.

BUILDING OR STRUCTURE, NONCONFORMING

BUILDING REAR LINEThe line extended to the side lot lines and parallel to the building front line from the outermost point of any part of the rear of the building.

An established building or structure, lawful prior to and at the time of the adoption of this chapter or any amendment thereto affecting such building which, because of its inherent nature or construction, does not conform to the provisions of this chapter for the district in which it is located.

BUILDING, PRINCIPAL

A building, including enclosed porches, in which is conducted the principal use of the lot on which it is situated. In any residence district, any dwelling shall be deemed the principal building on the lot on which the same is situated.

BUILDING INSPECTOR

The Director of Building and Development of the Town of Clifton Park and/or his designee.

[Amended 12-12-2022 by L.L. No. 3-2022]

CAR WASH

An area of land and/or a structure with machine- or hand-operated facilities used principally for the cleaning, washing, polishing or waxing of motor vehicles.

CENTER LINE OF STREET OR ROAD

A line midway between and parallel to two street or road property lines or as otherwise defined by the Planning Board.

CENTRAL SEWER AND CENTRAL WATER SYSTEMS

Communal sewage disposal systems and communal water supply systems approved by the Town Board and any other public agencies having jurisdiction thereof.

CERTIFICATE OF OCCUPANCY

A document issued by the Building Inspector allowing the occupancy or use of a building and certifying that the structure or use has been constructed and can be used in compliance with applicable state codes and/or Town regulations.

COMMERCIAL RECREATION FACILITY

An indoor and/or outdoor privately run business involving playing fields, courts, arenas or halls designed to accommodate sports and recreational activities, such as but not limited to billiards, bowling, gymnasiums, health spas, skating rinks, indoor shooting ranges, tennis courts, swimming pools and golf facilities.

COMMUNITY RESIDENCE

A residence for a dependent population, sponsored by a charitable, religious or government agency, providing a homelike environment and supervision for the housing and care of dependent persons in a setting that is integrated within the community, established similar to a single-family residence with shared living area, kitchen and bathroom facilities. The definition includes group homes, halfway houses and supervised living facilities.

COMPREHENSIVE LAND USE PLAN

The long-range plan intended to guide growth and development of the Town, expressing official contemplations on the course of its housing, public utilities, community facilities, transportation and land use distribution and intensity.

CONDOMINIUM

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 Condominium Act (New York State Real Property Law Article 9-B).

CONDOMINIUM ASSOCIATION

The community association which administers and maintains the common property and common elements of a condominium.

CONSERVATION-BASED DESIGN

An approach to land conservation and development planning and design that emphasizes the protection of important natural and cultural resources as a way to preserve these resources to the maximum extent practicable as land becomes developed.

[Added 5-9-2005 by L.L. No. 5-2005]

CONSERVATION SITE

A parcel or parcels that will be the location for the establishment of a community benefit of permanent open space through the Town of Clifton Park Zoning Ordinance. The permanent open space may be accomplished on a conservation site through either outright fee simple land purchase/donation or purchase/donation of development rights. Proof of perpetuity is required to be documented in writing to the Town of Clifton Park Town Board.

[Added 5-9-2005 by L.L. No. 5-2005]

CONSTRAINED LAND

A parcel’s acreage that includes surface water bodies, NYSDEC-regulated freshwater wetlands, federally regulated wetlands, one-hundred-year floodplains, floodways, and lands with slopes 20% or greater (measured over a fifty-foot horizontal distance).

[Added 5-9-2005 by L.L. No. 5-2005]

CONVENIENCE FOOD STORE

A facility of 5,000 square feet of gross floor area or less with any combination of the following primary characteristics:

Retail sale of food and beverages for consumption off-premises.

Sale of prepared foods, such as sandwiches, soups, ice cream, etc., for consumption on or off the premises and may include indoor seating for such purposes.

Sale of gasoline or other fuel, oil or other lubricating substances or other motor vehicle accessories and generally of a self-service type. [A facility with more than four sets of fuel-dispensing devices (pumps) or more than 12 nozzles shall be considered to be an automobile service station.] Any convenience food store which sells fuel under the provisions of this subsection shall also meet the criteria for automobile service stations found in § 208-93.

DAY CARE

Daytime care or instruction of three or more individuals away from their own homes for more than three but less than 24 hours per day on a regular basis by an individual, association, corporation, institution or agency, whether or not for compensation or reward.

DAY-CARE CENTER

A place other than an occupied residence, providing or designed to provide day care for any number of individuals, or an occupied residence providing or designed to provide day care for seven or more individuals, and which meets the criteria contained in Part 418 of Title 18 of the New York Code of Rules and Regulations.

DAY-CARE HOME

A family home, which is a personal residence and occupied as a family residence, which provides child day care on a regular basis for compensation or otherwise and, for purposes of this chapter, includes both of the following as defined in Parts 416 and 417 of Title 18 of the New York Code of Rules and Regulations and which meets the criteria as contained in those two Parts:

Family day-care home: for three to six children (Part 417).

Group family day-care home: for seven to 12 children (Part 416).

DIRECTORY

A sign which lists the occupant(s) of and/or the business, trade, profession or occupation of the occupant(s) of an establishment.

DISTILLERY

A facility licensed under Article 5 of the New York State Alcohol Beverage Control Laws to manufacture liquors by distillation or redistillation on site.

[Added 4-1-2019 by L.L. No. 5-2019]

DOUBLE-FRONTAGE LOT

A lot with the rear and front lot lines abutting existing or proposed streets.

DRAINAGE CHANNEL

An area where surface water flows sufficiently to produce a defined channel. The flow of water may be intermittent or ephemeral; the channel need not contain water year-round.

DRAINAGE CORRIDOR

The landscape features on both sides of a drainage channel, including soils, slopes and vegetation, whose alteration can directly impact the drainage channel's physical characteristics and biological properties.

DWELLING

A house, apartment building or other building designed or used primarily for human habitation. The word "dwelling" shall not include tourist homes, motels, hotels or other structures designed or used for transient residence.

DWELLING, MULTIFAMILY

A permanent building containing three or more dwelling units.

DWELLING, ONE-FAMILY

A permanent building containing only one dwelling unit.

DWELLING, SEMIDETACHED

A detached building containing two dwelling units separated by a party wall, each having one side yard.

DWELLING, TWO-FAMILY

A building having two side yards and accommodating but two families, with one family living over the other.

DWELLING UNIT

One or more rooms for ownership, lease or rent, designed, occupied or intended for occupancy by one family and physically independent of any other groups of rooms or dwelling units which may be in the same structure, containing independent cooking, sanitary and sleeping facilities.

ENACTMENT

Refers to the date of the enactment of this chapter.

ENGINEER

An individual duly qualified and licensed to perform engineering work in the State of New York.

ESTABLISHMENT

A building or structure in which or at which one or more businesses, trades, professions or occupations or any combination thereof is (are) conducted. Each office or room in such a building or structure or each section of such building or structure devoted to a business, trade, profession or occupation shall not be considered an establishment.

EXTENDED STAY HOTEL

A hotel or motel unit with accommodations for sleeping which contains a kitchenette.

[Added 9-11-2023 by L.L. No. 7-2023]

FAMILY

Purpose: to maintain and preserve the character of the residential districts 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 families and all groups who are the functional equivalent of the family to live in districts set aside for residential purposes and to allow those uses recognized by the state to constitute familial-type living arrangements.

Definition:

[Amended 4-18-2011 by L.L. No. 10-2011]

One, two, or three persons occupying a dwelling unit and living together as a family; or

Four or more persons occupying a dwelling unit and living together as a traditional family or the functional equivalent of a traditional family.

It shall be presumptive evidence that four or more persons living in a single dwelling unit who are not related by blood, marriage or legal adoption do not constitute the functional equivalent of a traditional family.

[Added 4-18-2011 by L.L. No. 10-2011]

(4)

In determining whether individuals are living together as the functional equivalent of a traditional family, the following criteria must be present:

[Added 4-18-2011 by L.L. No. 10-2011]

The group is one which in theory, size, appearance, structure and function resembles a traditional family unit, including a head or heads of household;

FARMLAND OF STATEWIDE IMPORTANCE

The occupants must share the entire dwelling unit and live and cook together as a single housekeeping unit. A unit in which the various occupants act as separate roomers may not be deemed to be occupied by the functional equivalent of a traditional family; and

(c)

The group shares expenses for food, rent or ownership costs, utilities and other household expenses;

(d)

The group is permanent and stable. Evidence of such permanency and stability may include:

[1]

The presence of minor dependent children regularly residing in the household who are enrolled in local schools;

[2]

Members of the household have the same address for purposes of voter's registration, driver's license, motor vehicle registration and filing of taxes;

[3]

Members of the household are employed in the area;

[4]

The household has been living together as a unit for a year or more, whether in the current dwelling unit or other dwelling units;

[5]

There is common ownership of furniture and appliances among the members of the household; and

[6]

The group is not transient or temporary in nature.

(e)

Any other factor reasonably related to whether or not the group is the functional equivalent of a family.

FARM

Any parcel of land containing at least five acres which is used in the raising of agricultural products, livestock, poultry and dairy products. It includes necessary farm structures within the prescribed limits and the storage of equipment used, storage of produce and processing and sale of farm produce. It excludes the raising of fur-bearing animals, riding academies, livery or boarding stables and dog kennels.

Land, designated as "farmland of statewide importance" in the U.S. Department of Agriculture Natural Resources Conservation Service (NRCS)'s Soil Survey Geographic (SSURGO) Database on Web Soil Survey, that is of statewide importance for the production of food, feed, fiber, forage, and oilseed crops as determined by the appropriate state agency or agencies. Farmland of statewide importance may include tracts of land that have been designated for agriculture by state law.

[Added 10-18-2021 by L.L. No. 6-2021]

FARMLAND, PRIME

Land, designated as "prime farmland" in the U.S. Department of Agriculture Natural Resources Conservation Service (NRCS)'s Soil Survey Geographic (SSURGO) Database on Web Soil Survey, that has the best combination of physical and chemical characteristics for producing food, feed, forage, fiber, and oilseed crops and is also available for these land uses.

[Added 10-18-2021 by L.L. No. 6-2021]

FINISHED GRADE

The natural surface of the ground within 10 feet of the building or the surface of the ground within 10 feet of the building after completion of any change in contour.

FIRST FLUSH

The delivery of a disproportionately large load of pollutants during the early part of storms due to the rapid runoff of accumulated pollutants. The first flush is defined as the first 1/2 inch of runoff (or runoff resulting from a one year, twenty-four-hour storm, whichever is greater) from all land areas for which the perviousness or other drainage characteristics have been changed from predevelopment conditions due to construction or other soil-disturbing activities.

FRONTAGE

The length of the property line separating a lot from the street right-of-way line, measured along the street right-of-way line. For the purposes of determining yard requirements on corner lots, all sides of a lot adjacent to rights-of-way meeting Town road width requirements shall be considered frontage.

GARAGE, PRIVATE

Any enclosed space for the storage of one or more motor vehicles and within which space no business activity or industry connected directly or indirectly with motor vehicles is conducted nor space therein for more than one car is leased to a nonresident of the premises.

GARAGE, PUBLIC

Any garage other than a private garage, used for storage and housing of vehicles or where such vehicles are equipped for operation or kept for remuneration, hire or sale.

GLARE

The effect by reflections of light with intensity sufficient as determined in a commercially reasonable manner to cause annoyance, discomfort, or loss in visual performance and visibility in any material respects.

[Added 10-18-2021 by L.L. No. 6-2021]

GREEN SPACE

That portion of land shown on a site plan, development plan, Comprehensive Plan or Official Map whose purpose is intended for open space preservation, recreation (active or passive), landscaping or parkland. Unless otherwise required by the Planning or Town Boards, said lands shall be undisturbed and seeded and planted with appropriate materials or left in their natural state. They 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 the parking of vehicles.

GROSS FLOOR AREA

As used herein for calculation of parking requirements, includes the sum of the gross horizontal area of the several floors of all buildings on the parcel, including the area of porches or patios, covered or uncovered.

HOME OCCUPATION

Any occupation or a profession which:

Is customarily carried on in a dwelling;

Is carried on only by a member(s) of the family residing in the dwelling;

Is clearly incidental and secondary to the use of the dwelling for residential purposes and does not occupy more than 10% of the total floor area thereof used for residential purposes; and

(4)

Conforms to the following additional conditions:

The occupation or profession shall be carried on wholly within the dwelling and not in any structure accessory thereto.

There shall be no exterior display, no exterior sign, no exterior storage of materials and no other exterior indication of the home occupation and no exterior variation from the residential character of the dwelling.

(c)

No offensive odor, noise, vibration, smoke, dust, heat, light or glare shall be produced.

(d)

Machinery or equipment not customary in a dwelling shall not be permitted.

(e)

No parking of or storage of commercial vehicles related to the occupation or profession shall be permitted unless the vehicle is used by the person(s) residing in the dwelling and unless the vehicle is stored within a completely enclosed building.

(f)

The entrance to the space devoted to such occupation shall be only from within the dwelling.

(g)

No employee(s), whether or not compensated, other than a member(s) of the family residing in the dwelling, shall conduct or participate in the occupation or profession in the dwelling.

(h)

No more than two customer motor vehicles shall be parked on-site or off-site at any one time.

HOSPITAL

An establishment for temporary occupation by the sick or injured for the purpose of medical diagnosis and treatment, including sanitariums, and shall be limited to the treatment or other care of humans.

HOTEL

An establishment where overnight lodging is provided in guest units rented to the public on a daily or weekly basis and in which ingress and egress to and from all guest units are made through an enclosed corridor; does not include “boardinghouses” (cf. § 208-28).

[Amended 9-11-2023 by L.L. No. 7-2023]

INCENTIVE SITE

All or part of a parcel or parcels that will be allowed an increase in density through of the Town of Clifton Park Zoning Ordinance.

[Added 5-9-2005 by L.L. No. 5-2005]

INCENTIVE ZONING

The system by which specific incentives are granted, pursuant to § 261-b of the Town Law and the provisions of this chapter, on condition that specific physical, social or cultural benefits or amenities would inure to the community.

[Added 5-9-2005 by L.L. No. 5-2005]

IN-LAW APARTMENT

[Added 3-3-2018 by L.L. No. 6-2018]

Any room or suite of rooms comprising one complete housekeeping unit with its own cooking and its own bathing and toilet facilities wholly within the subroom, or suite of rooms, occupied by an in-law or family member(s) constituting a kinship of first degree, second degree, or third degree of the residing owners of the principal dwelling unit.

First-degree relatives include an individual's parents, siblings, and children.

Second-degree relatives include an individual's grandparents, grandchildren, uncles, aunts, nephews, nieces, and half-siblings.

(c)

Third-degree relatives include an individual's great-grandparents, great-grandchildren, great uncles/aunts, and first cousins.

MEDICAL MARIJUANA DISPENSARY

The size of the in-law apartment is not to exceed 30% of the gross floor area of the principal unit and is to be constructed within the existing building footprint or added to a building addition attached to the primary dwelling. The in-law apartment is not to be constructed as a stand-alone dwelling detached from the main residence.

JUNKYARD

Any place of storage or deposit outside of a building where two or more uninspected, inoperable or unregistered vehicles, no longer intended or in condition for legal use on the public highways, are stored. Such term shall include any place of storage or deposit outside of a building for any purpose, including the reclamation or reuse of used or spare parts or waste materials from vehicles which, taken together, are equivalent in bulk to two or more such vehicles; provided, however, that the term "junkyard" shall not be construed to mean an establishment having facilities for processing iron, steel or nonferrous scrap and whose principal produce is scrap iron, steel or nonferrous scrap for sale for remelting purposes only. The term "junkyard" shall also be construed to mean any place of storage or deposit outside of a building, whether in connection with another business or not, where there is accumulated therein and thereon any secondhand or used property of whatever material or any waste material, whether composed of wood, paper, cloth, cardboard, plastics, metals, stone, cement or otherwise, which, taken together, exceeds in bulk three cubic yards. For the purpose of this section any place of storage in a carport or similar structure, where such vehicle, parts thereof, or other items being stored are visible from any public road or highway, shall be considered to be outside of a building.

[Amended 8-20-2007 by L.L. No. 9-2007]

KEYHOLE LOT

A lot located to the rear of another lot that meets all the requirements of this chapter and has access to a public right-of-way by a strip of land in fee simple ownership, at least 40 feet wide.

LETTER OF CREDIT

A commitment secured by an owner from a bank to the Town that provides that a specific amount of money may be drawn upon by the Town only to secure the completion of construction and adherence to all requirements contained in an approved site plan and/or required soil conservation measures.

LIGHT INDUSTRY

Industrial uses which meet the performance standards, bulk controls and other requirements established in this chapter.

LINE-OF-SIGHT PROFILE

A profile is a graphic depiction of the depressions and elevations one would encounter walking along a straight path between two selected locations. A straight line depicting the path of light received by the eye of an imaginary viewer standing on the path and looking towards a predetermined spot along the path constitutes a line of sight. The locations along the path where the viewer stands and looks are the control points of the line-of-sight profile.

[Added 2-28-2011 by L.L. No. 7-2011]

LIVING AREA

That area comprised of the enclosed, occupied living accommodations within a residence, exclusive of unfinished cellars, garages and open porches.

LOT

A piece, parcel or plot of land occupied or to be occupied by a principal building and its accessory building or buildings, including the yards and other open spaces required by this chapter.

LOT AREA

The total area contained within the lot lines of a lot.

LOT, CORNER

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 135º. A lot abutting upon a curved street or streets shall be considered a "corner lot" if the tangents to the curve at its points beginning within the lot or at the points of intersection of the side lot lines with the street line intersect at an interior angle of less than 135º. A corner lot has no rear lot line but has at least two front lot lines.

LOT, INTERIOR

A lot other than a corner lot.

LOT LINE

A line or record bounding a lot which divides one lot from another lot or from a public or private street or any other public areas.

LOT LINE ADJUSTMENT

A lot line adjustment is the realignment of property lines between two or more existing adjacent parcels where the land taken from one parcel is added to an adjacent parcel and where no new lots are created, and where the proposed lots will comply in all respects with the existing Town Code and zoning laws.

[Added 3-2-2009 by L.L. No. 1-2009]

LOT LINE, FRONT

The lot line separating a lot from a street.

LOT, NONCONFORMING

A lot, the area or dimension of which was lawful prior to the adoption, revision or any amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

LOT LINE, REAR

The lot line opposite and most distant from the front lot line. A corner lot has no rear lot line but has at least two front lot lines.

LOT LINE, SIDE

Any lot line other than a front or rear lot line.

LOT WIDTH

The distance between side lot lines at the required minimum front yard depth measured along a line parallel to a line connecting the end points of the front lot line.

LOT OF RECORD

A lot which exists as shown or described on a plot or deed in the records of the local registry of deeds.

LOW-IMPACT DEVELOPMENT

Includes the protection of soil and water resources as part of development projects, such as provision for vegetative buffers along drainage courses.

[Added 5-9-2005 by L.L. No. 5-2005]

MANUFACTURING

The mechanical or chemical transformation of materials or substances into products, including the assembling of component parts, the manufacturing of products and the blending of materials.

MARINA

A facility for storing, servicing, fueling, berthing and securing, or any combination thereof, pleasure boats.

A commercial building operated by a registered organization authorized by New York State Department of Health pursuant to Article 33, Title 5-a et seq., of the Public Health Law and implementing regulations for the purpose of dispensing marijuana products for the medical purposes as defined in the Act.

[Added 7-6-2015 by L.L. No. 8-2015]

MINIMUM AREA OF LOT

The smallest lot area established by this chapter on which a use or structure may be located in a particular zoning district.

MOBILE HOME

A vehicle known as a "mobile home" under the specifications set forth by the Mobile Home Manufacturer's Association used as a place of residence for living purposes, standing on wheels or rigid supports and not including recreational vehicles as set forth below. The term "mobile home" also includes the term "trailer."

[Added 4-6-1998 by L.L. No. 2-1998]

MOBILE HOME PARK

Any tract of land where two or more mobile homes are parked or which is used or held out for the purpose of supplying to the public a parking space for two or more mobile homes. Each mobile home park shall be subdivided into park units with a minimum lot size of 9,600 square feet. The minimum setback from adjacent properties shall be 50 feet with a twenty-five-foot vegetated buffer on all sides.

[Added 4-6-1998 by L.L. No. 2-1998]

MODULAR HOME (also called "factory-manufactured home")

A housing unit constructed off site and incorporating structures or components designed for residential occupancy, constructed by a method or system of construction whereby the structure or component is wholly or in substantial part manufactured in a manufacturing facility and is intended for permanent installation on a building site. Every modular (factory-manufactured) home or component shall bear an insignia of approval issued by the New York State Fire Prevention and Building Code Council.

MOTEL

A building or group of buildings, whether detached or in connected units, containing living and sleeping accommodations used for transient occupancy and which has individual entrances, from outside the building, to serve each guest unit. The guest unit shall consist of a room arranged or designed to be available for use as sleeping quarters for transient guests away from their place of residence on a daily or weekly fee basis. They may also provide additional services, such as restaurants, meeting rooms and recreation facilities. No motel room designed to accommodate any person or persons overnight shall contain a kitchen; however, a kitchenette may be contained within a motel room designed to accommodate any person or persons overnight, provided that not more than 10% of the rooms contained in any one building of a motel complex contain kitchenettes and provided that not more than 10% of all the rooms designed to accommodate any person or persons overnight in the entire motel complex contain kitchenettes. The term "motel" includes buildings designed as tourist courts, motor lodges, auto courts and similar appellations, but does not include boardinghouses or tourist cabins. Each structure must have at least eight rental units.

NONCONFORMING USE

The use of a building, structure or use of land, existing at the time of enactment of this chapter or amendment thereto, which does not conform to the regulations of the district or zone in which it is situated.

OFFICE

A building or portion of a building wherein services are performed involving predominantly administrative, professional or clerical operations.

OPEN SPACE

An area that is intended to provide light and air and is designed for either environmental, scenic or recreational purposes. Open space may include but is not limited to lawns, decorative planting, walkways, active and passive recreation areas, playgrounds, fountains, swimming pools, wooded areas and watercourses. Open space shall not be deemed to include driveways, parking lots or other surfaces designed or intended for vehicular travel.

OPEN SPACE PLAN

The Clifton Park Open Space Plan 2003.

[Added 5-9-2005 by L.L. No. 5-2005]

OVERSIZED VEHICLE

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 gross weight. All such widths are inclusive of loads and attachments.

PARCEL

Any tax parcel, contiguous tax parcels under single ownership or contiguous tax parcels proposed to be developed as a unit. For the purposes of this chapter, each tax parcel shall be identified on the Tax Map of the Town of Clifton Park dated March 1, 2005, and single ownership shall be determined by deed as filed on March 1, 2005.

[Added 5-9-2005 by L.L. No. 5-2005]

PARKING SPACE

The area required for parking one automobile, which in this chapter is held to be a nine-by-eighteen-foot stall, with aisles a minimum of 22 feet in width and handicap stalls in accordance with Americans With Disabilities Act (ADA) standards.

PARK UNIT

The lot or space in my mobile home park which shall be assigned to or used and occupied by any one mobile home.

[Added 4-6-1998 by L.L. No. 2-1998]

PERMANENT FARM LABOR HOUSING

A new or existing single- or multifamily dwelling and/or other permanent structures converted into apartments on agricultural property of 10 acres or more, that are occupied by farm employees and their family members including spouses, domestic partners, children and adult family.

[Added 5-2-2011 by L.L. No. 11-2011]

PERMANENT OPEN SPACE:

The area within a parcel that is established for conservation of natural and cultural resources in perpetuity.

[Added 5-9-2005 by L.L. No. 5-2005]

PERSON

Any individual, corporation, partnership, association, trustee, firm, company, group, society or other legal nongovernmental entity.

PERSONAL SERVICE ESTABLISHMENT

A retail business with the primary purpose of providing work done or duties performed for individual consumers, such as shoe repair, dry cleaning, laundromat, barbershop, beauty parlor or tailor shop.

PLACE OF WORSHIP

Any structure used for worship or religious instruction, including but not limited to a church, chapel or synagogue, and including administrative rooms accessory thereto.

PLANNED DEVELOPMENT DISTRICT

An independent, freestanding zoning district, where the use of land shall be in accordance with a local law enacted by the Town Board for the creation of such a district and subsequent final site plan and/or subdivision plan approved by the Town Planning Board. The area within such district may contain a grouping of residential, commercial, and/or industrial buildings, together with accessory structures and facilities that are developed in a flexible manner so as to achieve the goals of the municipal comprehensive plan.

[Amended 11-9-2015 by L.L. No. 12-2015]

PLANNING BOARD

The Planning Board of the Town of Clifton Park.

PORCH, OPEN

A porch open on three sides, except for wire screening. A porch shall not be considered open if enclosed by either a permanent or detachable glass sash or if heated. A structure having a driveway running to it, under it or through it shall not be considered to be an open porch.

PRIVATE CLUB

A facility operated by a corporation, association or group of people for the social, educational or recreational intent of the dues-paying members and their guests but not primarily for profit nor to render a service which customarily is carried on as a business. Commercial organizations, such as but not limited to tennis clubs, racquet clubs and physical fitness clubs, shall not be considered private clubs.

PROFESSIONAL OFFICE

Any building which houses a business which requires licensure or certification by the New York State Education Department and also including attorneys.

PUBLIC UTILITY STRUCTURES

Public utility structures and facilities, such as electric lines and poles, gas mains, water mains and telephone and telegraph lines and poles, not including, however, high-voltage transmission lines and poles therefor.

[3]

RESEARCH LAB

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, odors, smells, smokes or other noxious or bothersome products beyond the boundaries of the structure.

RESTAURANT

Any premises where food and/or beverages are commercially sold for on-premises consumption to patrons seated at tables or counters and where table service is provided. Any facility without table service or providing parking lot service to cars where the food is to be eaten outside of the structure and/or off the premises shall not be considered a restaurant for the purposes of this chapter and shall be deemed to be a drive-in or fast-food restaurant.

RESTAURANT, DRIVE-IN OR FAST-FOOD

Any establishment whose principal business is the sale of foods, frozen desserts or beverages to the customer in a ready-to-consume state, usually served in paper, plastic or other disposable containers, for consumption within the restaurant building and elsewhere on the premises or for carryout.

RETAIL ESTABLISHMENT

A use devoted exclusively to the retail sale of commodities directly to consumers.

REVIEW

A preliminary, nonbinding review by the Town Board of an application for use of incentive zoning to determine the merits of applying the incentive zoning concept to a particular project.

[Added 5-9-2005 by L.L. No. 5-2005]

RIDING ACADEMY

Any establishment where horses are kept and/or used for riding, driving or stabling for compensation or incidental to the operation of a ranch or similar establishment.

ROADSIDE STANDS

A stall or booth for business which shall be limited to the sale of farm products.

SCHOOL, PRIVATE

An institution, not owned by a public agency, which offers to its students formal education and is chartered by the Board of Regents of the University of the State of New York.

SCHOOL, PUBLIC

An institution under the jurisdiction of a school district or other public agency and legally constituted by the State of New York to offer free formal education to residents of the district.

SCREENING

Fences, shrubs or trees or other natural and/or artificial material which obscures the visual character of any given building or use of land.

SEQRA

The State Environmental Quality Review Act, Article 8 of the New York State Environmental Conservation Law, as amended, and the regulations promulgated hereunder.

[Added 5-9-2005 by L.L. No. 5-2005]

SETBACK, FRONT

The required minimum distance between the front line of a building and the related front lot line. (See "building line" and "lot line, front.")

SETBACK, REAR

The required minimum distance between a rear lot line and the rear of a building. The building rear line shall be measured from any bay windows, covered porches, whether enclosed or unenclosed, or any projections thereof, which are over 50 square feet in area.

SETBACK, SIDE

The required minimum distance between a side lot line and the closest side of a building. The building side shall be measured from any bay windows, covered porches, whether enclosed or unenclosed, or any projections thereof which are over 50 square feet in area.

SEWER, CENTRAL

See "central sewer and water system."

SHOPPING CENTER

A group of stores, shops and similar entities, occupying adjoining structures, all of which may be deemed one building if designed as an architectural unit, the minimum land area of which is 10 acres with a minimum width of 400 feet at the building line.

SOIL-DISTURBING ACTIVITY (SDA)

Any activity which directly or indirectly disturbs more than one acre of soil and, therefore, requires a building permit. This does not include soil disturbance for emergencies, household gardening, governmental activities and customary agricultural or single lot, single-family residential activities which are exempt. (See § 208-114C.)[4]

SOLAR ACCESS

Space open to the sun and clear of overhangs or shade so as to permit the use of active and/or passive solar energy systems on individual properties.

[Added 10-18-2021 by L.L. No. 6-2021]

SOLAR ENERGY EQUIPMENT

Electrical material, hardware, inverters, conduit, storage devices, or other electrical and photovoltaic equipment associated with the production of electricity.

[Added 10-18-2021 by L.L. No. 6-2021]

SOLAR ENERGY SYSTEM

The components and subsystems required to convert solar energy into electric energy suitable for use. The term includes, but is not limited to, solar panels and solar energy equipment. The area of a solar energy system includes all the land inside the perimeter of the solar energy system, which extends to any interconnection equipment. A solar energy system is classified as follows:

[Added 10-18-2021 by L.L. No. 6-2021]

Tier 1 solar energy systems include the following:

Roof-mounted solar energy systems.

Building-integrated solar energy systems.

Tier 2 solar energy systems include ground-mounted solar energy systems with system capacity up to 25 kW AC and that generate no more than 110% of the electricity consumed on the site over the previous 12 months.

SOLAR ENERGY SYSTEM, BUILDING INTEGRATED

Tier 3 solar energy systems include ground-mounted solar energy systems with a capacity of 25 kW AC or more, that are not included in the list for Tier 1 solar energy systems.

A combination of solar panels and solar energy equipment integrated into any building envelope system such as vertical facades, semitransparent skylight systems, roofing materials, or shading over windows, which produce electricity for on-site consumption.

[Added 10-18-2021 by L.L. No. 6-2021]

SOLAR ENERGY SYSTEM, GROUND-MOUNTED

A solar energy system that is anchored to the ground via a pole or other mounting system, detached from any other structure, that generates electricity for on-site or off-site consumption.

[Added 10-18-2021 by L.L. No. 6-2021]

SOLAR ENERGY SYSTEM, ROOF-MOUNTED

A solar energy system located on the roof of any legally permitted building or structure that produces electricity for on-site or off-site consumption.

[Added 10-18-2021 by L.L. No. 6-2021]

SOLAR PANEL

A photovoltaic device capable of collecting and converting solar energy into electricity.

[Added 10-18-2021 by L.L. No. 6-2021]

SOLAR STORAGE BATTERY

A device that stores energy and makes it available in an electrical form.

[Added 10-18-2021 by L.L. No. 6-2021]

SOLID WASTE MATERIAL

All putrescible and nonputrescible solid wastes, including tree stumps, branches and other wood debris products, garbage, rubbish, ashes, incinerator residue, street cleanings, dead animals, demolition and construction debris, abandoned vehicles, offal, agricultural, commercial and industrial wastes, hazardous and toxic waste and wastes from domestic and municipal sewer systems and treatment facilities, including sludges of any kind.

SPECIAL USE

A specified use of property that is deemed appropriate to a given district if certain conditions are satisfied, including compatibility with adjacent uses, but which may be incompatible within the district if conditions are not satisfied. (See 208-79.)

STABLE

Any structure or building for the sheltering and/or feeding of horses.

STABLE, COMMERCIAL

Any stabling of horses for financial or other considerations.

STREAM

That portion of any surface freshwater course, except lakes or ponds having a surface area greater than 10 acres at mean low-water level, for which the New York State Department of Environmental Conservation has adopted or may hereafter adopt, pursuant to § 17-0301 of the Environmental Conservation Law, any of the following classifications or standards: AA and AA(T); A and A(T); B and B(T); C(T); or C and D.

STREET

Any public way dedicated to public travel, greater than 20 feet in width. The word "street" shall include the words "road," "highway" and "thoroughfare."

STREET LINE

The right-of-way line of a street as indicated by dedication or by deed of record.

SWIMMING POOL

Any artificial pool or structure intended for bathing or swimming purposes, made of concrete, masonry, metal or other impervious material, over 12 inches in depth, and shall include both aboveground and in-ground pools.

TAP/TASTING ROOM

A room that is ancillary to the production of beer and malt beverages or alcoholic beverages at a brewery, microbrewery, or distillery where the public can purchase and/or consume alcohol products produced on site and the operator may provide food service consistent with licenses issued under §§ 51, Subsection 3-a, 61, Subsection 2-c, and 63-a of the New York State Alcohol Beverage Control Law, as well as ancillary sales of retail merchandise.

[Added 4-1-2019 by L.L. No. 5-2019]

TELECOMMUNICATION TOWERS

[Added 12-9-1996 by L.L. No. 11-1996]

RADIO INSTALLATIONS, AMATEUR (LICENSED AMATEUR RADIO OPERATORS, known as "HAMS") Any devices, antenna support structures, including poles and support towers placed in the yard area of a lot to be utilized by amateur radio operators licensed by the Federal Communications Commission.