Certain words and terms used in this chapter are defined, for the purposes thereof, as follows:
- ACCESSORY APARTMENT, FAMILY MEMBER
- See "in-law apartment."[Added 3-3-2018 by L.L. No. 6-2018]
- ACCESSORY BUILDING
- See "building, accessory."
- ACCESSORY RETAIL
- The retail sales of various products (including food service)
intended to be ancillary to the primary uses within an office or industrial
complex. Accessory retail is intended to meet the daily needs of immediate
employee populations through the offering of goods and services in
close proximity in order to promote sustainability and reduce traffic.
Typical accessory retail uses include, but are not limited to, a cafe,
coffee/sandwich shop, automated teller machine, bank, and mini-market/newsstand.[Added 2-28-2011 by L.L. No. 7-2011]
- ACCESSORY USE
- See "building, accessory use of."
- An enterprise in which activities include the cultivation of food, fiber or horticultural crops or the raising of livestock or poultry.
- ANIMAL-CARE FACILITIES
- Veterinary offices and commercial boarding/kennel facilities.
- ANIMAL/VETERINARY OFFICE/HOSPITAL
- A facility where animals are given veterinary care and treatment and the boarding of animals is limited to short-term care incidental to the hospital use. Hospital/office facilities which treat large nondomestic animals shall only be allowed in light industrial and rural residential areas. In rural areas, the facility shall be situated on a minimum lot size of five acres. Facilities specifically for the care and treatment of small domestic animals can be located in the Light Industrial and Highway Business Zones. Along with other requirements of the zoning district, these facilities shall be buffered from neighboring properties and mitigation measures provided to lessen noise impact as the Town deems appropriate.
- ANIMALS, DOMESTIC
- Household pet, including but not limited to dogs, cats, birds, fish, etc.
- ANIMALS, NONDOMESTIC
- Animals, including but not limited to sheep, horses, cattle, goats, swine, fowl, ducks and geese.
- AREA, LAND
- When referring to the required area per dwelling unit, the net land area, the area exclusive of street and other public open space.
- AREA, TOTAL FLOOR
- The sum of the gross horizontal area of the several floors of the principal building on a lot, excluding the area of porches and patios, covered or uncovered, and excluding cellar and basement floor area not devoted to residential use. All dimensions shall be measured between exterior faces or walls.
- The fabrication from standardized parts of a distinct object differing from the individual components.
- AUTO BODY SHOP
- The use of an area or portion of any lot or plot, whether inside or outside a building, for the repair or painting of an auto body.
- AUTOMOBILE SERVICE STATION
- Any building, land area or other premises or portion thereof
used or intended to be used for the retail dispensing or sales of
vehicular fuels, and including, as an accessory use, the sale and
installation of lubricants, tires, batteries and similar accessories.[Amended 5-16-2005 by L.L. No. 6-2005]
- AUTOMOBILE JUNKYARD
- See "junkyard."
- AUTOMOTIVE REPAIR SHOPS AND GARAGES
- Establishments primarily engaged in furnishing automotive
repair, rental, leasing and parking services to the general public.
This category includes all the components of the automotive industry
except retail sales, including parking lots and structures, all types
of repairs, car washes and rental and leasing activities so long as
these components are incidental to and an accessory to a facility
primarily engaged in furnishing automotive repair, rental, leasing
or parking services to the general public.[Amended 5-16-2005 by L.L. No. 6-2005]
- AUTOMOTIVE SALES
- Establishments primarily engaged in the retail sale of new and/or used vehicles where service and repairs are incidental to the use.
- BASE DENSITY
- Measurement of the capacity of a parcel or parcels to support
the creation of lots or development sites as expressed in dwelling
units (lots) per acre, which is calculated by subtraction of the constrained
land acreage from the total acreage of the parcel(s).[Added 5-9-2005 by L.L. No. 5-2005]
- A house or portion thereof where short-term lodging rooms and meals are provided for in-house guests. The operator of the facility shall live on the premises.
- BENEFIT AREA
- General vicinity of the permanent open space.[Added 5-9-2005 by L.L. No. 5-2005]
- A dwelling in which three or more rooms, with or without meals, are offered for rent. A house or a finished rooming house shall be deemed a boardinghouse if more than two rooms within it are available for rent.
- A structure wholly or partially enclosed within exterior walls or within exterior and party walls and a roof, affording shelter to persons, animals or property.
- BUILDING, ACCESSORY
- A supplemental building, the use of which is customarily incidental to that of a main or principal building, and which is located on the same lot as that occupied by the main building.
- BUILDING, ACCESSORY USE OF
- A use customarily incidental to the use of a building for dwelling purposes, not occupying more than 25% of the total floor area thereof used for residential purposes, including the office or studio of an accountant, acupuncturist, architect, artist, audiologist, barber, chiropractor, dentist, engineer, hairdresser, landscape architect, land surveyor, lawyer, musician, notary, nurse (visiting nurse), occupational therapist, optometrist, osteopath, physician, physical therapist, podiatrist, private investigator, psychologist, social worker, speech pathologist, surveyor or teacher, residing on the premises, provided that there is no advertising display visible from the street other than a small, unlighted nameplate not over two square feet in area. The above shall not be interpreted to include the office or place of business of a mortician.
- BUILDING, ALTERATION OF
- Any change in supporting members of a building, except such changes as may be required for its immediate safety, any addition to a building, any change in use from one district classification to another or removal of a building from one location to another.
- BUILDING CODE
- The current Uniform Fire Prevention and Building Code of the State of New York.
- BUILDING COVERAGE
- The percentage of the plot or lot area covered by the building area.
- BUILDING, HEIGHT OF
- The vertical distance measured from the average elevation of the finished lot grade at the front of the building to the highest point of the ceiling of the top story in the case of a flat roof, to the deckline of a mansard roof and to the mean height level between the eaves and ridge of a gable, hip or gambrel roof.
- BUILDING OR STRUCTURE, NONCONFORMING
- 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 Zoning of the Town of Clifton Park and/or his designee.
- 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.
- 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:
- (1) Retail sale of food and beverages for consumption off-premises.
- (2) 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.
- (3) 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:
- A sign which lists the occupant(s) of and/or the business, trade, profession or occupation of the occupant(s) of an establishment.
- 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.
- 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.
- Refers to the date of the enactment of this chapter.
- An individual duly qualified and licensed to perform engineering work in the State of New York.
- 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.
- (1) 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.
- (3) 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]
- (a) The group is one which in theory, size, appearance, structure and function resembles a traditional family unit, including a head or heads of household;
- (b) 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:
-  The presence of minor dependent children regularly residing in the household who are enrolled in local schools;
-  Members of the household have the same address for purposes of voter's registration, driver's license, motor vehicle registration and filing of taxes;
-  Members of the household are employed in the area;
-  The household has been living together as a unit for a year or more, whether in the current dwelling unit or other dwelling units;
-  There is common ownership of furniture and appliances among the members of the household; and
-  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.
- 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.
- 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.
- 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.
- 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:
- (1) Is customarily carried on in a dwelling;
- (2) Is carried on only by a member(s) of the family residing in the dwelling;
- (3) 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:
- (a) The occupation or profession shall be carried on wholly within the dwelling and not in any structure accessory thereto.
- (b) 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.
- 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.
- A building in which lodging is provided in guest units and offered to the public for compensation and in which ingress and egress to and from all rooms are made through an inside lobby or office, supervised by a person in charge at all hours. The guest unit shall consist of a room arranged or designed to be available for use as sleeping quarters for transient guests on a daily or weekly basis. The term "hotel" does not include boardinghouses.
- 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]
- (1) 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.
- (a) First-degree relatives include an individual's parents, siblings, and children.
- (b) 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.
- (2) 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.
[Added 3-3-2018 by L.L. No. 6-2018]
- 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.
- 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]
- 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.
- A facility for storing, servicing, fueling, berthing and securing, or any combination thereof, pleasure boats.
- MEDICAL MARIJUANA DISPENSARY
- 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.
- 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.
- 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.
- 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]
- 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. 
- 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.
- 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.
- 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.
- Fences, shrubs or trees or other natural and/or artificial material which obscures the visual character of any given building or use of land.
- 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.)
- SOLAR ARRAY, GROUND- OR POLE-MOUNTED
- Any solar collector, controls, solar energy storage device,
heat exchangers, or solar-thermal energy system which is directly
installed on the ground and not affixed to an existing structure.[Added 3-21-2011 by L.L. No. 9-2011]
- 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.)
- Any structure or building for the sheltering and/or feeding of horses.
- STABLE, COMMERCIAL
- Any stabling of horses for financial or other considerations.
- 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.
- 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.
- (1) 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.
- (2) ALL OTHER TELECOMMUNICATION TOWERS Any structure greater than 15 feet in height, which is capable of receiving and/or transmitting signals (for the purpose of communication). This definition does not apply to amateur radio installations as defined in Subsection A above.
- The cutting of trees six inches or more in diameter at breast height at a rate of more than 12 trees per acre. This shall not include the cutting of dead of diseased trees or trees creating a dangerous condition; the cutting of trees necessary for construction activities as approved by the Building Inspector; or cutting of trees by the landowner for personal use, unless otherwise prohibited. Cutting, as defined herein, cannot result in less than 30 square feet per acre of remaining basal area.
- TRANSIENT RESIDENCE
- The occupying or using by other than one family of a single habitable residence, unit or structure intended to be used for living, sleeping and/or cooking for less than 20 consecutive days. Paying for lodging or use of a residence, unit or structure on a per diem or weekly basis shall constitute evidence of the intention to utilize accommodations as a transient residence.
- TRANSPORTATION SERVICES, ACCESSORY
- Establishments furnishing services incidental to transportation, such as park-and-ride and parking services and the arranging of passenger or freight transportation.
- TRANSPORTATION SERVICES, LOCAL
- Establishments primarily engaged in furnishing local and suburban passenger transportation, including taxicabs, passenger transportation charter service, school buses and terminal and service facilities for motor vehicle passenger transportation.
- TOWN BOARD
- The Town Board of the Town of Clifton Park.
- UNCONSTRAINED LAND
- A parcel’s remaining acreage after constrained land
is subtracted. Unconstrained land shall be the basis for calculating
maximum allowable density.[Added 5-9-2005 by L.L. No. 5-2005]
- Land elevated above surrounding lands, in particular, that land upland from streams or wetlands.
- Permission by the Zoning Board of Appeals to use land for a use or in a configuration which is not in accordance with or is prohibited by the applicable zoning regulations. (See also § 208-109C.)
- VARIANCE, AREA
- Permission by the Zoning Board of Appeals to construct or alter a structure in a manner otherwise inconsistent with the yard, height or other dimensional requirements of this chapter. [See also § 208-109C(3).]
- VARIANCE, USE
- Permission by the Zoning Board of Appeals to use a parcel for a use which is otherwise prohibited by this chapter. [See also § 208-109C(2).]
- VISUAL ASSESSMENT
- Analytical techniques that employ viewsheds, and/or line-of-sight
profiles, and descriptions of aesthetic resources, to determine the
impact of development upon aesthetic resources; and potential mitigation
strategies to avoid, eliminate or reduce impacts on those resources.[Added 2-28-2011 by L.L. No. 7-2011]
- WAREHOUSING, PRIVATE
- Terminal facilities operated for a specific establishment or group of establishments in a particular industrial or economic field.
- WAREHOUSING, PUBLIC
- Terminal facilities available to the general public, at a fee, for the storage of farm products, furniture and other household goods or commercial or private goods of any nature, with the exception of chemicals or petroleum products unless incidental to the main use.
- WATER SYSTEM, CENTRAL
- See "central sewer and water system."
- WESTERN CLIFTON PARK
- The area of Clifton Park consisting of the study area as
described in the Western Clifton Park Land Conservation Plan and Generic
Environmental Impact Statement and to include the Conservation Residential
(CR), Hamlet Mixed Use (HM), and Hamlet Residential (HR) Zoning Districts.[Added 5-9-2005 by L.L. No. 5-2005]
- Land areas meeting either Federal Clean Water Act (Section 404) or New York State Environmental Conservation Law (Article 24) definition of a wetland.
- WHOLESALE ESTABLISHMENT
- A building or buildings used as a wholesale distribution center and/or nonretail sales.
- YARD, FRONT
- An open space extending across the entire width of the lot between the building line of a principal building and the front lot line and into which space there shall be no extension of building parts other than steps, open porches, eaves, cornices and similar fixtures.
- YARD, REAR
- An open space extending across the entire width of the lot between the rear wall of the principal building and the rear lot line, unoccupied except for accessory buildings and open porches which, in the aggregate, shall occupy not more than 35% of the area.
- YARD, SIDE
- An open, unobstructed space on the same lot with a principal building between the principal building and the side line of the lot and extending through from the front yard to the rear yard, into which space there shall be no extension of building parts other than eaves with an overhang of not more than two feet, rainwater leaders, windowsills and other such fixtures and open steps for a distance not exceeding four feet.
- ZONING BOARD OF APPEALS
- The Board of Appeals of the Town of Clifton Park.
- ZONING DISTRICT
- A finite area of land, designated by its boundaries on the Official Map, throughout which specific and uniform regulations govern the use of land and/or the location, size and use of buildings.
- ZONING ENFORCEMENT OFFICER
- The Director of Building and Zoning of the Town of Clifton Park or his designee.
Editor's Note: The definitions of "radio installations, amateur (HAMS)," and "radio, television tower," which immediately followed this definition, were repealed 12-9-1996 by L.L. No. 11-1996.
Word usage. The present tense shall include the future; the singular number shall include the plural, and the plural, the singular. The word "shall" is always mandatory. The term "person" includes a corporation as well as an individual. The term "lot" includes the word "plot" or "parcel." The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged or designed to be used or occupied." All terminology is gender neutral, i.e., "he" means "he or she," "his" means "his or hers," etc.