Certain words and terms used in this chapter are defined,
for the purposes thereof, as follows:
ACCESSORY USE
A term applied to a use, building or other structure, clearly
incidental or subordinate, but customary to the principal use, located
on the same lot with the principal use.
[Amended 4-1-2019 by L.L.
No. 5-2019]
AGRICULTURE
An enterprise in which activities include the cultivation
of food, fiber or horticultural crops or the raising of livestock
or poultry.
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.
ASSEMBLY
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]
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]
BED-AND-BREAKFAST
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]
BOARDINGHOUSE
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.
BREWERY, LARGE
An establishment where beer and malt beverages are made on
the lot at an annual beer production rate in excess of 15,000 barrels.
A large brewery may engage in ancillary sales of merchandise promoting
the products produced thereby.
[Added 4-1-2019 by L.L.
No. 5-2019]
BREWERY, MICRO
An establishment where beer and malt beverages are made on
the lot and then sold or distributed, and which produces less than
15,000 barrels (a barrel is approximately 31 gallons) of beer or malt
beverages per year. Microbreweries sell to the public by one or more
of the following methods: the traditional three-tiered system (brewer
to wholesaler to retailer to consumer); the two-tier system (brewer
acting as wholesaler to retailer to consumer); and directly to the
consumer. A microbrewery may engage in ancillary sales of merchandise
promoting the products produced thereby.
[Added 4-1-2019 by L.L.
No. 5-2019]
BUILDING
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, 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 LINE
(1)
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.
(2)
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.
(3)
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.
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 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.
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, golf facilities, martial arts, and
other similar uses that may require heightened ceilings or large open
areas.
[Amended 6-17-2024 by L.L. No. 5-2024]
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:
(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:
(1)
Family day-care home: for three to six children
(Part 417).
(2)
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, 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.
ELECTRIC VEHICLE (EV)
An electric vehicle is one that operates, either partially
or exclusively, on electrical energy from the grid, or an off-grid
source that is stored onboard for motive purposes.
[Added 6-17-2024 by L.L. No. 5-2024]
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
(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.
(2)
Definition:
[Amended 4-18-2011 by L.L. No. 10-2011]
(a)
One, two, or three persons occupying a dwelling unit and living
together as a family; or
(b)
Four or more persons occupying a dwelling unit and living together
as a traditional family or the functional equivalent of a traditional
family.
(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:
[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.
FARMLAND OF STATEWIDE IMPORTANCE
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:
(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.
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]
(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.
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 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, 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 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.
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.
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]
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.
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.
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 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]
(1)
Tier 1 solar energy systems include the following:
(a)
Roof-mounted solar energy systems.
(b)
Building-integrated solar energy systems.
(2)
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.
(3)
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.
SOLAR ENERGY SYSTEM, BUILDING INTEGRATED
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.
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]
(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.
TIMBERING
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]
UPLAND
Land elevated above surrounding lands, in particular, that
land upland from streams or wetlands.
VARIANCE
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.
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]
WETLAND
Land areas meeting either Federal Clean Water Act (Section
404) or New York State Environmental Conservation Law (Article 24)
definition of a wetland.
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.
ZERO EMISSION VEHICLE (ZEV)
Zero-emission vehicles (ZEVs) are vehicles with no harmful
tailpipe emissions and include plug-in electric vehicles (PEVs) and
fuel-cell electric vehicles (FCEVs).
[Added 6-17-2024 by L.L. No. 5-2024]
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 Development of the Town of Clifton
Park or his designee.
[Amended 12-12-2022 by L.L. No. 3-2022]