Unless the context otherwise requires, words used in the present
tense include the future; the singular number shall include the plural,
and the plural the singular; the word "structure" shall include the
word "building"; the word "used" shall include "arranged," "designed,"
"constructed," "altered," "converted," "rented," "leased" or "intended
to be used"; the word "shall" is mandatory and not optional; and the
following definitions shall be used in the interpretation and construction
of this chapter:
A use or structure subordinate to the principal use of a
building on the same lot and serving a purpose customarily incidental
to the use of the principal building.
An open area, other than a street, used for the display,
sale or rental of new or used motor vehicles in operable condition
and where no repair work is done.
A structure having a roof supported by columns or walls,
used or intended to be used for the shelter or enclosure of persons,
animals or property.
The vertical distance measured from the mean level of the
ground surrounding the building to a point midway between the highest
and lowest point of the roof, but not including chimneys, spires,
towers, tanks and similar projections.
A structure in which is conducted the principal use of the
site on which it is situated. In any residential district, any dwelling
shall be deemed to be a "principal building" on the lot on which the
same is located.
A point from which the setback requirements are measured
from the edge of any structure or the eaves of any building to the
boundary line of the parcel or the boundary of an adjacent edge of
a right-of-way, common driveway, common entryway or roadway, or any
vehicular easement right-or-way or public street.
A planned development within a subdivision in which lots
are plotted with less than a minimum lot size specified in the zoning
district and with diminished dimensional requirements, but which have
access to common open space which is part of the overall development
plan.
A planned development, subdivision plat or plats approved
pursuant to this chapter, in which the applicable zoning local law
is modified to provide an alternative permitted method for the layout,
configuration and design of lots, buildings and structures, roads,
utility lines and other infrastructure, parks and landscaping in order
to preserve the natural and scenic qualities of open lands.
Approval by the Planning Board of a final plat subject to
conditions set forth by the Planning Board in a resolution conditionally
approving such plat. Such conditional approval does not qualify a
final plat for recording nor authorize issuance of any building permits
prior to the signing of the plat by a duly authorized officer of the
Planning Board and recording of the plat in the office of the Saratoga
County Clerk.
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.
Any building or portion thereof designed or used exclusively
as the residence or sleeping place of one or more persons, except
a mobile home or trailer.
DWELLING, SINGLE-FAMILYA detached building designated for or occupied exclusively by one family and containing not more than one dwelling unit.
DWELLING, TWO-FAMILYA detached or semidetached building where not more than two individual family or dwelling units are entirely separated by vertical walls or horizontal floors unpierced except for access to the outside or to a common cellar.
DWELLING, MULTIPLEA building or portion thereof used or designed as a residence for three or more apartment or dwelling units.
A household constituting a single housekeeping unit occupied
by one or more persons.
A drawing prepared in a manner prescribed by local regulation
that shows a proposed subdivision, containing in such additional detail
as shall be provided by local regulation all information required
to be shown on a preliminary plat and the modifications, if any, required
by the Planning Board at the time of approval of the preliminary plat
if such preliminary plat has been so approved.
The signing of a plat in final form by a duly authorized
officer of the Planning Board pursuant to the Planning Board resolution
granting final approval to the plat or after conditions specified
in a resolution granting conditional approval of the plat are completed.
Such final approval qualifies the plat for recording in the office
of the Saratoga County Clerk.
Any use customarily conducted entirely within the principal structure and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the principal structure and does not change the character thereof (see § 153-19B).
Junkyards shall consist of buildings, structures or premises
where junk, waste and discarded or salvage materials are bought or
sold, exchanged, stored, baled, packed, disassembled or handled, including
automobile wrecking yards, house wrecking and structural steel materials
and equipment but not including the purchase or storage of used furniture
and household equipment nor used cars in operable condition.
A piece or parcel of land occupied or intended to be occupied
by a principal building or a group of such buildings and accessory
buildings or to be utilized for a principal use and uses accessory
or incidental to the operation thereof, together with such open spaces
as are required by this chapter, and having frontage on a public street.
LOT, CORNERA lot or parcel of land abutting upon two or more roads at their intersection, or upon two parts of the same road forming an interior angle (see Figures A and B in Attachment 1 for an illustration of a corner lot and how each yard area is classified).
LOT COVERAGEThat percentage of the lot area covered by the combined area of all buildings, structures, asphalt, gravel, stone, paver stones, or brick pavers on the lot.
LOT DEPTHThe mean horizontal distance between the front and rear lot lines.
LOT LINESThe property lines bounding the lot.
LOT LINE, FRONTThe line separating the lot from a street.
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT LINE, SIDEAny lot line other than a front or rear lot line. A "side lot line" separating a lot from a street is called a "side street lot line."
LOT LINE, STREET or ALLEYA lot line separating the lot from a street or alley.
LOT WIDTHThe distance between the two side lot lines measured at the required setback line.
LOT AREAThe computed area contained within the lot lines.
Any multistory structure utilizing street level interior
space for retail businesses, service businesses or office spaces;
used in a compatible setting within the same building with upper-level
residential occupancies.
Any vehicle or similar portable structure having been constructed
with wheels (whether or not such wheels have been removed) and so
designed or constructed as to permit occupancy for dwelling or sleeping
purposes.
Any plot of ground upon which two or more mobile homes, occupied
for dwelling or sleeping purposes, are located, regardless of whether
or not a charge is made for such accommodations.
Applies to conversions of single-family residences to dwellings
for two or more families.
Includes any lot, including an approved subdivision, and
any lot made nonconforming at the time of the passage of amendments
to this chapter where the side yard setbacks in R-1 and R-2 Residential
Zones shall remain five feet and combined 10 feet and no area variance
shall be required for a single-family dwelling, accessory use or structure
incidental to a single-family dwelling or a two-family dwelling, inclusive
of additions or improvements made thereto.
Any structure which is lawfully in existence within a given
zoning district on the effective date of this chapter, but which is
not in conformance with the dimensional regulations for that zoning
district.
A land use which was lawful prior to the adoption or amendment
of these zoning provisions but which fails to conform to the requirements
of the zoning district in which it is located by reason of such adoption
or amendment.
The Planning Board of the Village of South Glens Falls.
A drawing prepared in a manner prescribed by local regulation
showing the layout of a proposed subdivision, including but not restricted
to road and lot layout and approximate dimensions, key plan, topography
and drainage, all proposed facilities unsized, including preliminary
plans and profiles, at suitable scale and in such detail as local
regulation may require.
The approval of the layout of a proposed subdivision as set
forth in a preliminary plat but subject to the approval of the plat
in final form in accordance with the provisions of this section.
The selling or rental of goods, merchandise, and/or services
to the general public or to business clients, for personal use or
household consumption, and the rendering of services incidental to
the sale of such goods.
The selling or rental of goods, merchandise, and/or services
to the general public or to business clients, for personal use or
household consumption, and the rendering of services incidental to
the sale of such goods within a building with a sales area less than
2,500 square feet in size.
The established line beyond which no part of any building
or any projection of the building shall extend, including the eaves.
The shortest horizontal distance between the edge of any
structure or building eave and the right-of-way, any common driveway,
or common entryway or roadway, or any vehicular easement. The boundary
of a right-of-way shall be considered as a front lot line and shall
require a front lot line setback.
The shortest horizontal distance from the edge of any structure
or building eave and the rear lot line (see Figures A and B in Attachment
1).
The shortest horizontal distance from the edge of any structure
or building eave and the side lot line (see Figures A and B in Attachment
1).
A right-of-way serving as access for pedestrians and vehicles,
to and from common areas or adjacent private lands owned privately,
or by the municipality, county or state.
Any object greater than 100 square feet in area installed
on a building or installed or planted on land to facilitate use and
development of land, such as crank-out awnings, fences, signs, and
any fixtures, additions and alterations thereto.
The division of any parcel of land into two or more parcels,
lots, blocks or sites, and that involves Village Planning Board review,
with or without streets or highways, for the purpose of sale, transfer
of ownership, or development. A proposed subdivision where a plat
contains one or more lots which do not conform with the strict application
of the Zoning Code must first be referred to the Zoning Board of Appeals
for the purpose of obtaining variances as may be required to satisfy
Zoning Code compliance. In cases concerning any required area variance,
a recommendation from the Planning Board to the Zoning Board of Appeals
may substantiate the grounds for variance with reasonable requirements
or conditions for variance approval. A survey map prepared by a New
York licensed land surveyor depicting the real property approved by
the Planning Board for subdivision must be endorsed by the Chairman
of the Planning Board and satisfy all timely filing requirements in
the office of the Saratoga County Clerk. The term "subdivision" may
include any alteration of lot lines or dimensions of any lots or sites
shown on a plat previously approved by the Planning Board.
The administrative review process and submission by the applicant and payment of such fees with supplementation of such proofs as may be required and imposed by the specifications of Code and Article XII in support of a request for the subdivision of land with or without streets or highways and in accordance with the requirements of the Village Code and state laws, rules and regulations. "Subdivision application" shall include, at a minimum, a completed application for review, including a copy of covenants or deed restrictions intended to cover all or part of the parcel; an actual and recent survey of the boundary lines (bearings and distances made and certified by a licensed surveyor practicing the most recent code of the NYS Association of Professional Land Surveyors; and in addition, on the survey property line, trees six inches in diameter or greater, building or fences on adjoining land and encroachment of eaves, cornices, blinds, etc., within three feet of the boundaries of the surveyed premises); subdivision name; date and North arrow, plat or plan scale, name and address of record owner and subdivider (on plan); authorized signature line on plan.
The division of any parcel of land into three or more lots
and shall require a stormwater pollution prevention plan where the
potential for land disturbance is greater than one acre.
The division of any parcel of land into two lots or the alteration
of lot lines or dimensions of any lots or sites shown on a plat previously
approved by the Planning Board and filed in the office of the Saratoga
County Clerk. A minor subdivision requires review and prior approval
by the Village Planning Board. Where the minor subdivision has the
potential for a land disturbance greater than one acre, a stormwater
prevention plan shall be required.
A type of multifamily dwelling in a row of at least three
such units in one building where each unit has its own front and rear
access to the outside, no unit is located over another unit and each
unit is separated from any other unit by one or more common fire resistant
walls.
A use, either public or private, which because of its unique
characteristics cannot be properly classified as a permitted use in
any particular district. After due consideration in each case of the
impact of such use upon neighboring land and of the public need for
the particular use at the particular location, such "special use"
may or may not be granted.
The authorization by the Zoning Board of Appeals for the
use of land in a manner which is not allowed by the dimensional or
topographical requirements of the applicable zoning regulations.
The authorization by the Zoning Board of Appeals for the
use of land in a manner or for a purpose which is otherwise not allowed
or is prohibited by the applicable zoning regulations.
The governing body of the Village of South Glens Falls.
An open space which lies between the principal building or
group of buildings and the nearest lot line and which is unoccupied
and unobstructed from the ground upward except as herein permitted.
YARD, FRONTA yard that extends the full width of the lot and is situated between the lot front line and the front building line of the building projected to the side lines of the lot (see Figures A and B in Attachment 1).
YARD, REARA yard that extends the full width of the lot and is situated between the rear line of the lot and the building line projected to the side lines of the lot. (see Figures A and B in Attachment 1).
YARD, SIDEA yard that is situated between the building line and the adjacent sideline of the lot and extending from the rear line of the front yard to the front line of the rear yard (see Figures A and B in Attachment 1).
The Zoning Board of Appeals of the Village of South Glens
Falls.
