As used in this chapter, the following terms
shall have the meanings indicated:
To voluntarily cease the use and maintenance of land, buildings
or structures which have been a nonconforming use, or to change from
one nonconforming use to another, or to a conforming use.
Any tank, pipe or vessel, used singularly or in combination,
at least 90% of which is above the surface of the ground and is used
for the purpose of material holding, storage or containment.
Any stationary tank which is not entirely covered with earth
or other material, or any tank which can be inspected in a subterranean
vault.
A second dwelling unit either in or added to an existing
single-family detached dwelling, or in a separate accessory structure
on the same lot as the main dwelling, for use as a complete, independent
living facility with provision within the accessory apartment for
cooking, eating, sanitation, and sleeping.[1]
A building or structure devoted to an accessory use that
is located at least 10 feet from the principal building and on the
same parcel as the principal building. Where an accessory structure
is attached to the principal structure in a substantial manner, as
by a roof, such accessory structure shall be considered part of the
principal structure.
[Added 4-5-2006 by L.L. No. 3-2006; amended 9-3-2008 by L.L. No. 4-2008]
A use which is:
[Amended 9-3-2008 by L.L. No. 4-2008]
Conducted or located on the same lot as the
principal building or use served, except as may be specifically provided
elsewhere in this chapter; and is
Clearly incidental to, subordinate to, and serves
the principal use; and is
Either in the same ownership as the principal
use or is clearly operated or maintained solely for the comfort, convenience,
necessity, or benefit of the occupants, employees, customers, or visitors
of or to the principal use.
A paved surface, other than a publicly owned street, which
provides vehicular access from a street or private road to a lot.
An extraordinary and unexpected natural event, such as a
hurricane, tornado, earthquake, blizzard, flood, mudslide, lightning
strike, etc.
[Added 9-3-2008 by L.L. No. 4-2008]
An establishment or business, whether retail or wholesale,
having as a substantial or significant portion of its stock-in-trade
books, magazines, other periodicals, films, slides and videotapes
for sale or viewing on premises, and which establishment is customarily
not open to the public generally, but excludes any minor by reason
of age due to the presence of sexually explicit materials.
A public or private establishment which presents topless
dancers, strippers, male or female impersonators or exotic dancers,
or other similar entertainers, and which establishment customarily
excludes any minor by reason of age.
A theater that customarily presents motion pictures, films,
videotapes or slide shows, and which establishment customarily excludes
any minor by reason of age due to the sexually explicit nature of
the pictures, shows, etc.
Any establishment or business involved in the dissemination
of material distinguished or characterized by an emphasis on matter
depicting, describing or relating to specified sexual activities or
specified anatomical areas, including but not limited to adult bookstores,
adult theaters, and adult entertainment cabarets.
A sign which directs attention to a business, commodity,
service or entertainment conducted, sold or offered at a location
other than the premises on which the sign is located.
[Added 4-5-2006 by L.L. No. 3-2006]
The gross annual income of all members of a household from
any source whatsoever for the last full calendar year, excluding the
earnings of working minors attending school full-time.
The employment of land for the primary purpose of obtaining
a profit in money by raising, harvesting, and selling crops, or feeding
(including grazing), breeding, managing, selling, or producing livestock,
poultry, fur-bearing animals or honeybees, or by dairying and the
sale of dairy products, by any other horticultural, floricultural
or viticultural (wine-grape orchard) use, by animal husbandry, or
by any combination thereof. It also includes the current employment
of land for the primary purpose of obtaining a profit by stabling
or training equines including, but not limited to, providing riding
lessons, training clinics and schooling shows.
[Added 8-19-2020 by L.L. No. 10-2020]
The use of land for agricultural purposes, including farming,
dairying, pasturage, agriculture, horticulture, floriculture, viticulture,
and animal and poultry husbandry, and the necessary accessory uses
for packing, treating, or storing the produce; provided, however,
that the operation of any such accessory use shall be secondary to
that of the normal agricultural activities.
Any lot or parcel of land or portion thereof used partly
or entirely for, dispensing flammable liquids, combustible liquids,
liquified flammable gas, or flammable gas into the fuel tanks of aircraft.
[Added 8-19-2020 by L.L. No. 10-2020]
Any area of land which is used for or intended for the landing
or taking off of aircraft, and any appurtenant areas which are used
or intended for use for airport buildings or taxiways, aircraft facilities
or rights-of-way, including all necessary taxiways, aircraft storage
and tie-down areas, hangars, and other necessary buildings and open
spaces.
As applied to a building or structure, a change or rearrangement
in the structural parts or in the exit facilities, or an enlargement
whether by extending on a side or by increasing in height, or the
moving from one location or position to another.
Soil brought to a development site to enhance plant growth.
Exact composition may vary but typically contains approximately 33%
clay, 33% silt, and 33% sand.
A building or portion of a building providing complete housekeeping
facilities for one family, in which the occupants do not own the building.
A repetition of arches lined up for a porch or roof over
a portico, side aisle, or structural system.
The investigation of cultural resources is divided into three
phases varying in intensity and detail. The phases are as follows:
The term "land area," when referring to the required area
per dwelling unit means "net land area," the area exclusive of street
and other public open space.
The authorization by the Zoning Board of Appeals for the
use of land in a manner which is not allowed by the dimensional or
physical requirements of the applicable zoning regulations.
A nonmedical institution occupied primarily by senior citizens
in which room, board, laundry, some forms of personal care, and often
recreational services are provided. Assisted-living facilities are
licensed by the New York State Department of Health. Assisted-living
facilities exist under several names, including independent living
facilities, assistive-living facilities, domiciliary care facility,
care home, community-based care facility, residential care facility,
etc. Nursing homes and convalescent homes are not considered assisted-living
facilities.
A building, area, or areas within a building used for the
public sale of goods, wares, merchandise, or equipment to the highest
bidder. This definition excludes therefrom an auction, the principal
purpose of which is the sale of livestock or motor vehicles.
[Added 8-19-2020 by L.L. No. 10-2020]
Establishments primarily engaged in the retail sale of new
vehicles where service and repairs are incidental to the use. Sale
of used vehicles is permitted but can consist of no more than 20%
of the total number of vehicles for sale.
Leasing or renting of automobiles, motorcycles, and light
load vehicles.
[Added 12-4-2019 by L.L.
No. 7-2019]
Any area of land, including any structure or structures thereon,
that is or are used or designed to be used for the general repair
of motor vehicles. This shall include mechanical and electrical repair,
body and fender work, body alignment, welding repairs and painting
of vehicles.
A business licensed by New York State and engaged primarily in the towing and temporary storage of motor vehicles for the purposes set forth in § 255-9 of the Code of the Town of Glenville.
[Added 12-4-2019 by L.L.
No. 7-2019]
A lot or parcel of land used by a licensed automobile towing operation, approved by the Chief of Police, for the temporary storage of motor vehicles for the purposes set forth in § 255-9 of the Code of the Town of Glenville. This use is distinguished from a junkyard or salvage yard in that it permits the storage of motor vehicles only and no vehicle may be stored for more than 30 days; no salvage or junkyard operations are permitted. This storage yard use is designed to permit a convenient location for motor vehicle owners to redeem a vehicle which has been towed for the reasons set forth in § 255-9. Abandoned vehicles must be expeditiously processed for disposition and removal from the site.
[Added 12-4-2019 by L.L.
No. 7-2019]
The area, in square feet, of all floor levels of any dwelling
unit, measured from the inside of all walls. In calculating this figure,
all porches, patios, garages, breezeways, terraces and other attached
and detached accessory buildings or structures shall be excluded.
A building for exhibiting, or an institution in charge of,
a collection of historical, or scientific objects related to space
and flight.
[Added 8-19-2020 by L.L. No. 10-2020]
A small bulging column, supporting a parapet.
A financial institution that is open to the public and engaged
in deposit banking, and that performs closely related functions such
as making loans, investments, and fiduciary activities.
[Added 8-19-2020 by L.L. No. 10-2020]
An establishment for the cutting of hair, and the shaving
or trimming of beards.
[Added 5-27-2015 by L.L.
No. 2-2015]
A story partly underground but having at least 1/2 of its
height above the average level of the adjoining ground. A basement
shall be counted as a story for the purposes of height measurement
if the vertical distance between the ceiling and the average level
of the adjoining ground is more than five feet or if used for business
or dwelling purposes. For the purposes of this chapter, a basement
is not the same as a "cellar" (see "cellar" definition).
An establishment for the hairdressing, manicuring, or other
cosmetic treatment of customers, typically women and girls.
[Added 5-27-2015 by L.L.
No. 2-2015]
A transient lodging establishment, generally in an owner-occupied
single-family dwelling, primarily engaged in providing overnight or
otherwise temporary lodging for the general public and may provide
meals for compensation.
[Amended 8-19-2020 by L.L. No. 10-2020; 11-16-2022 by L.L. No. 8-2022]
Any road, street, path or way which in some manner is specifically
designated as being open to bicycle travel, regardless of whether
the facility is designed for the exclusive use of bicycles or is to
be shared with other transportation modes.
[Added 8-19-2020 by L.L. No. 10-2020]
A structure used for display or which directs attention to
a business, commodity, service or entertainment generally conducted,
sold or offered elsewhere than upon the same lot where the billboard
is located.
[Added 8-19-2020 by L.L. No. 10-2020]
A parcel burdened by a land conservation easement dedicated
to protecting species and/ or ecologies.
[Added 8-19-2020 by L.L. No. 10-2020]
A single-family dwelling where more than two, but fewer than
six rooms are provided for lodging for definite periods of times.
Meals may or may not be provided, but there is one common kitchen
facility. No meals are provided to outside guests.
[Added 8-19-2020 by L.L. No. 10-2020]
Any structure or land used, designed, or arranged for the
maintenance or rental of horses, mules, ponies, or donkeys either
with or without a bridle path or riding area, but excluding structures
or land used, designed, or arranged for the maintenance of horses
or mules used exclusively for agricultural purposes. Instructional
riding activities permitted on site.
[Added 8-19-2020 by L.L. No. 10-2020]
A system by which explicit incentives or bonuses are granted
on condition that specific physical, social, or cultural benefits
or amenities would be offered to the community.
A strip of land established to protect one type of land use
from another land use that is incompatible in use and/or scale.
Any structure built for the support, shelter or enclosure
of persons, animals, chattels or movable property of any kind, and
which is permanently affixed to the land.
A building separated on all sides from the adjacent open
space, or from other buildings or other structures, by a permanent
roof and by exterior walls or common walls, pierced only by windows
and normal entrance or exit doors.
A building surrounded by an open space on the same lot.
The area within the required setbacks upon which buildings
can be erected.
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof. Rooftop HVAC units, refrigeration units,
and similar features, if they are the highest point of the building,
are to be measured in determining building height.
[Amended 11-15-2023 by L.L. No. 6-2023]
A written authorization from the Building Inspector or Deputy
Building Inspector allowing the construction, alteration, extension,
or relocation of the building or structure.
A building in which is conducted the main or principal use
of the lot on which said building is situated.
The combined effect of the arrangement, volume and shape
of a building or group of buildings; also called “massing.”
The holding or containment of dry, semi-dry or liquid materials
in large quantities as defined in Environmental Conservation Law or
in related sections of this chapter, either packaged or loose, usually
dispensed in smaller quantities for sale, use or consumption.
[Amended 4-5-2006 by L.L.
No. 3-2006]
The American Association of Nurserymen standard for trunk
measurement of nursery stock, as measured at six inches above the
ground for trees up to and including four-inch caliper size, and as
measured at 12 inches above the ground for larger sizes.
An area or tract of land on which accommodations for temporary
occupancy are located or may be placed, including tents and cabins.
A campground is to be used for recreational purposes, and it is designed
to foster an open air or natural character. Recreational equipment,
rest rooms, camping equipment sales, and other facilities commonly
associated with camping are permitted, but they must be clearly incidental
to the primary use.
A premises where cannabis, cannabinoid products, nicotine,
or tobacco products are sold for on-premises consumption, or where
these products or related paraphernalia are the primary products sold
at retail. Such premises include cannabis or tobacco stores, smoke
shops, vapor shops, hookah lounges, consumption lounges, and similar
establishments where cannabis, cannabinoid products, nicotine, or
tobacco products are sold for on-premises consumption.
[Added 9-6-2023 by L.L. No. 4-2023]
A permanent protrusion from a building facade, other than
an awning (moveable or otherwise) made of fabric, metal, or other
material, that is connected to a building and that may or may not
be supported by columns or posts affixed to the ground. It is typically
used for the shelter of pedestrians at a building access point or
for a walk-up window and for vehicles utilizing a drive-through.
[Added 2-19-2020 by L.L. No. 3-2020]
Facilities offering any of the following types of care:
Skilled nursing care: includes, in addition
to room and board, those nursing services and procedures employed
in caring for the sick which require specialized training, judgment,
technical knowledge and skills.
Personal care: includes, in addition to room
and board, personal assistance such as help in walking and getting
in and out of bed; assistance in bathing, dressing and feeding; preparation
of a special diet; and similar personal care.
Any premises used by a motor freight company as a carrier
of goods, which is the origin or destination point of goods being
transported, for the purpose of storing, transferring, loading, and
unloading goods.
[Added 8-19-2020 by L.L. No. 10-2020]
A building, or portion thereof, containing facilities for
washing automobiles, using production-line methods or other mechanical
devices; or providing space, water equipment, or soap for the complete
or partial hand washing of automobiles, whether by operator or by
customer.
Cannibidiol products, including oils, edibles, topicals,
tinctures, plant parts, vaping products, other CBD smoking products
and any paraphernalia for using CBD products.
[Added 2-3-2021 by L.L.
No. 2-2021]
A story partly underground and having more than 1/2 of its
clear height below the average level of the adjoining ground. A cellar
shall not be considered in determining the permissible number of stories.
For the purposes of this chapter, a cellar is not the same as a "basement"
(see "basement" definition).
Land used or intended to be used for the burial of the dead
and dedicated for cemetery purposes including columbariums, crematoriums,
mausoleums, and funeral establishments, when operated in conjunction
with and within the boundary of such cemetery.
[Added 8-19-2020 by L.L. No. 10-2020]
A written certificate issued by the Building Inspector or
Deputy Building Inspector following an inspection which verifies that
the provisions of this chapter have been met, that the plan, drawings,
and specifications submitted with the building permit have been complied
with, and that the requirements of the New York State Uniform Fire
Prevention and Building Code have been met.
A natural or artificial watercourse with definite bed and
banks to confine and conduct continuously or periodically flowing
water.
A building or portion thereof dedicated to the scheduling
or advertising of airline flights.
[Added 8-19-2020 by L.L. No. 10-2020]
Prices for ownership and rental housing which, if exceeded,
would not qualify a housing unit as affordable housing.
The mechanical or chemical transformation of materials or
substances into new products, including the assembling of component
parts, the manufacturing of products, and the blending of materials
specific to fabricating chips.
[Added 8-19-2020 by L.L. No. 10-2020]
Any bulk quantities of chloride compounds and other deicing
compounds, excluding liquid chlorides, intended for application to
roads, including mixtures of sand and chloride compounds in any proportion
where the chloride compounds constitute over 8% of the mixture. If
any portion of a bulk quantity of chloride compounds or chloride-and-sand
mixture is intended for application to roadways, then the entire bulk
quantity is road salt. A bulk quantity of chloride means a quantity
of 1,000 pounds or more, but does not include any chloride compounds
in a solid form, including granules, which are packaged in waterproof
bags or containers which do not exceed 100 pounds each.
Structures used for worship, prayer, confession, and/or religious
rites, as well as ancillary uses of parochial schooling or housing
for religious leaders that is owned and occupied by a charitable nonprofit
church, operated by an ecclesiastical government.
[Added 8-19-2020 by L.L. No. 10-2020]
The indiscriminate removal of trees, shrubs or undergrowth,
usually for the purpose of preparing real property for nonagricultural
development purposes. This definition shall not include the selective
removal of non-native tree and shrub species when the soil is left
relatively undisturbed; removal of dead trees; or normal mowing operations.
An organization catering exclusively to members and their
guests, or premises and building for social, recreational, or athletic
purposes, which are not conducted primarily for gain, provided there
are no vending stands, merchandising or commercial activities except
as required generally for the purpose of such club.
Refers to the efficient utilization of land by concentrating
development in higher densities, while preserving large areas as open
space. In subdivisions, this technique refers to reducing the average
lot size of a subdivision while keeping portions of the subdivision
undeveloped.
An occupation, employment, or enterprise that is carried
on for profit by the owner, lessee, or licensee.
Areas to which wood is hauled by skidder or other extraction
equipment for temporary storage before transfer to trucks.
[Added 8-19-2020 by L.L. No. 10-2020]
A facility that receives any solid waste from off-site, except
for municipally operated facilities.
Every type of motor driven vehicle used for commercial purposes
on the highways, such as the transportation of goods, wares and merchandise,
including trailers and semitrailers, and tractors when used in combination
with trailers and semitrailers, except where such vehicle is used
as a recreational vehicle or is used on a day-to-day basis by a family.
As used in Article XII of this chapter, community benefits/amenities refer to affordable housing. While the state's zoning statutes provide for cash payments in lieu of incentives such as affordable housing, developers should be aware that this option is not available in the Town of Glenville.
A comprehensive statement, or part thereof, in words, maps,
illustrations or other permanent media of communication setting forth
the community objectives, policies and standards to guide and regulate
public and private use of land, public facilities, housing and transportation.
An authorization of a particular land use which is permitted
in a zoning ordinance or local law, subject to requirements imposed
by such zoning ordinance or local law to assure that the proposed
use is in harmony with such zoning ordinance or local law and will
not adversely affect the neighborhood if such requirements are met.
An estate in real property consisting of an undivided interest
in common with other purchasers in a portion of a parcel of real property,
together with a separate interest in space in a residential building,
such as an apartment. A condominium may include, in addition, a separate
interest in other portions of such real property.
Clearing, dredging, excavating, and grading of land and other
activity associated with the erection or expansion of buildings, structures,
or other types of real property such as bridges, dams and roads.
[Added 9-3-2008 by L.L. No. 4-2008]
Solid waste resulting from the construction, remodeling,
repair and demolition of structures and roads and solid waste consisting
of vegetation resulting from land clearing and grubbing, utility line
maintenance and seasonal and storm-related cleanup. Such waste includes
but is not limited to bricks, concrete and other masonry materials,
wood, wall coverings, plaster, drywall, plumbing fixtures, insulation,
roofing shingles, asphalt pavement, glass, electrical wiring and metals
that are incidental to any of the above.
A building or portion thereof used to store and maintain
construction equipment and other materials and facilities customarily
required in the building trade by a construction contractor.
[Added 8-19-2020 by L.L. No. 10-2020]
A building or portion of a building used for conducting the
administrative, clerical, and general office affairs of a contractor,
but not including showrooms or any on-site storage, indoors or outdoors,
of contractor's vehicles, equipment, and materials. Off-street parking
for contractor's vehicles which do not exceed one-ton rated capacity
or more than two axles are permitted. The number of such vehicles
will not exceed the number of parking spaces designated for their
use, as determined through the site plan review process.
[Added 5-27-2015 by L.L.
No. 2-2015]
A sign identifying the architect, engineer or contractor
placed upon the property when work is being performed during the course
of construction only.
[Added 4-5-2006 by L.L. No. 3-2006]
A property or portion of a property, with or without support
structures and buildings, where the storage and loading/unloading
of materials and/or equipment used in the construction and property
maintenance/improvement industries can be found. Equipment commonly
found in contractor's yards include, but are not necessarily limited
to, dump trucks, bucket loaders, excavators, backhoes, bulldozers,
mowers, equipment hauling trailers, and the like. A contractor's yard
may also be used for the stockpiling of construction material acquired
in anticipation of use at remote locations.
[Amended 8-21-2013 by L.L. No. 5-2013]
A building or portion thereof for monitoring weather conditions,
obstacles and flight patterns for the purpose of communicating safety
plans to pilots in real time.
[Added 8-19-2020 by L.L. No. 10-2020]
See "lot, corner."
The roof overhang; generally the edge.
That percentage of the land area covered by the combined
footprint of all buildings and structures, on that portion of the
lot within the same zoning district as the main building.
The process of manufacturing by hand (with or without the
use of tools) which may be displayed and sold on the premises.
[Added 2-19-2020 by L.L. No. 3-2020]
Includes the area within a radius equal to one foot for every
one inch of diameter of the tree trunk (measured at breast height).
The radius is measured outward from the trunk at ground level. The
critical root zone is not the same as the dripline.
Plants that have been specifically propagated, either through
cloning or from seed, to exhibit certain distinguishing characteristics
such as fruitlessness, form, and pest/disease resistance.
Required approval from the New York State Department of Transportation
for work conducted within the right-of-way of a state road.
A building or structure where care, protection, and supervision
are provided, on a regular schedule, at least twice a week to at least
seven children, including children of the adult provider. For the
purposes of this chapter, day-care centers are permitted within the
following zoning districts by site plan review only: Suburban Residential,
Multi-Family Residential, Professional/Residential, Community Business,
and General Business.
The sound pressure level in decibels measured on a sound
level meter using the A-weighting filter network. The A-weighting
filter de-emphasizes the very low and very high frequency component
of sound in a manner similar to the frequency response of the human
ear and correlates well with subjective reactions to noise.
Tree trunk diameter as measured in inches at a height of
4 1/2 feet above the ground or, in the case of a tree that is
divided into multiple trunks below 4 1/2 feet, as measured at
the most narrow point beneath the point of division.
The number of dwelling units per acre of land area.
The amount of additional density allowed in a development by the Town Board pursuant to Article XII of this chapter.
Any sign which is designed and erected solely for the purpose
of traffic or pedestrian direction and which is placed on the property
to which or on which the public is directed. Such a sign contains
no advertising copy.
[Added 4-5-2006 by L.L. No. 3-2006]
A use where goods are received and/or stored for delivery
to the ultimate customer at remote locations.
[Added 8-19-2020 by L.L. No. 10-2020]
A structure built over or floating upon the water (pictured
below[2]) and used as a landing place for boats and other marine
transport, fishing, swimming, and other recreational uses.
[Added 8-19-2020 by L.L. No. 10-2020]
A vertical line extending from the outermost edge of the
tree canopy or shrub branch to the ground.
A place of business being operated for the sale and purchase
at retail of food and other goods, services, or entertainment, which
is laid out and equipped so as to allow its patrons to be served or
accommodated while remaining in their automobiles, or which allows
the consumption of any food or beverage in automobiles on the premises,
or elsewhere on the premises, but outside any completely enclosed
structure.
A customarily incidental operation provided at a place of
business being operated for the sale and purchase at retail of food
and other goods, or execution of services such as financial transactions
at a bank, which is laid out and equipped so as to allow its patrons
to be served food, other goods, and services to-go while remaining
in their automobiles.
[Added 2-19-2020 by L.L. No. 3-2020]
See "dwelling, two-family.”
A building, or portion thereof, but not a mobile home, designed
or used exclusively for residential occupancy, including single-family
dwellings and multiple-family dwellings, but not including hotels
and motels.
A dwelling which is joined to another dwelling at one or
more sides by a common wall.
A dwelling which is entirely surrounded by open space on
the same lot.
A building, or portion thereof, containing three or more
dwelling units.
A building designed or used exclusively for occupancy by one family. Such dwelling may contain two dwelling units, if, and only if, it is constructed and operated as an accessory apartment, pursuant to § 270-51 of this chapter.
A building containing two dwelling units.
Consists of one or more rooms which are arranged, designed,
or used as living quarters for one family only. Individual bathrooms
and complete kitchen facilities, permanently installed, shall always
be included for each dwelling unit.
A grant of one or more of the property rights by the owner
to, or for the use by, the public, a corporation, or another person
or entity.
The beam ends creating a cornice; the lower portion of a
sloping roof, near the wall but projecting beyond as an overhang to
drip water away from the walls.
A public or private parking space that is served by battery
charging station equipment that has as its primary purpose the transfer
of electric energy (by conductive or inductive means) to a battery
or other energy storage device in an electric vehicle. An electric
vehicle charging station equipped with charging equipment is permitted
as an accessory use to any principal use.
[Added 2-19-2020 by L.L. No. 4-2020]
Any marked parking space that is dedicated exclusively for
use by an electric vehicle.
[Added 2-19-2020 by L.L. No. 4-2020]
The maximum number of employees on duty at any one time,
including shift changes, where the parking demand of overlapping shifts
typically exceeds the demand of any one shift.
Any industrial process contained entirely within an enclosed
building whereby the nature, size or shape of articles or raw materials
is changed into a product which generally could be stockpiled and/or
shipped by rail or truck.
Extraction procedure toxicity, which is a federally specified
test that is designed to identify wastes likely to leach hazardous
concentrations of particular toxic constituents into the groundwater
as a result of improper management.
The outside face of a building.
One or more persons related by blood, marriage or adoption;
also, up to 10 unrelated minors living in a group care facility run
by a New York State approved public social agency, or mental hygiene
agency or private nonprofit agency, occupying the premises and living
as a single housekeeping unit. This term shall not be deemed to include
a group occupying a boardinghouse, lodging house, club, fraternity,
hotel or similar premises.
A private residence where care, protection and supervision
are provided, for a fee, at least twice a week to no more than six
children at a time. For the purposes of this chapter, family child-care
homes are not subject to the provisions herein; family child-care
homes are to be treated as single-family homes.
Any parcel of land containing at least five acres which is
used for gain in the raising of agricultural products, livestock,
poultry and dairy products. Commercial horse-boarding operations and
commercial equine activities including, but not limited to, riding
lessons, trail-riding activities, or training of horses on parcels
containing five or more acres also qualify as a "farm," as does the
production and/or sale of trees and tree products on parcels of five
acres or greater. The term "farm" also includes necessary farm structures
within the prescribed limits and the storage of agricultural equipment.
Excluded from this definition are the raising of fur-bearing animals
and the operation of dog kennels.
[Amended 1-22-2014 by L.L. No. 1-2014]
Any place or premises located on a farm in New York State
in which liquor is manufactured and sold, or any other place or premises
in New York State in which liquor is manufactured primarily from farm
and farm food products and sold as liquor. For the purposes of this
chapter, a farm distillery is a type of microdistillery and is regulated
herein as such.
[Added 2-15-2017 by L.L.
No. 3-2017]
The end of a cornice on a house.[3]
A structure forming a barrier at finished lot grade between
lots, between a lot and a street or alley, or between portions of
a lot or lots.
Any commercially produced mixture generally containing phosphorus,
nitrogen and/or potassium, which is applied to the ground to provide
nutrients to plants.
The delivery of a disproportionately large load of pollutants
during the early part of storms due to the rapid runoff of accumulated
pollutants.
Commercial businesses allowed to operate on airport grounds
to provide services to the airport.
[Added 8-19-2020 by L.L. No. 10-2020]
A zoning district that is established in this chapter but
does not appear on the Zoning Map until it is actually in place. Until
that particular district is established, in accordance with standards
set forth in this chapter, it "floats" without actually regulating
the use of any specific land.
A temporary rise in stream flow or stage that results in
significant adverse effects in the immediate vicinity.
The land adjacent to a body of water that has been or may
be hereafter covered by floodwater; often referred to as the “hundred-year
floodplain," which denotes a one-percent chance of a flood occurring
in any given calendar year.
A combination of structural provisions, changes, or adjustments
to properties and structures subject to flooding primarily for the
reduction or elimination of flood damages to properties, water and
sanitary facilities, structures, and contents of buildings in a flood
hazard area.
See "gross floor area."
Determined by dividing the gross floor area of all buildings
on a lot by the area of that lot.
An establishment engaged in the production, packaging, warehousing
and/or distribution of foods and beverages, or food and beverage supplements
and enhancements.
[Added 7-18-2018 by L.L.
No. 2-2018]
The sale of prepared food products for immediate consumption from a motor vehicle, trailer, platform, stand or tent on any highway or other place within the Town other than within a fully enclosed building ancillary to a food vending business maintained in an adjoining fully enclosed building. The foregoing definition shall not include a food vending business operated on commercially zoned property outside of a fully enclosed building in which there is not a food vending business. Notwithstanding the foregoing, however, the owner must secure site plan approval for the food vending business from the Planning Board pursuant to the procedure set forth in Chapter 270, Zoning, of the Code of the Town of Glenville.
[Added 8-19-2020 by L.L. No. 10-2020]
Any premises used by a motor freight company as a carrier
of goods, which is the origin or destination point of goods being
transported, for the purpose of storing, transferring, loading, and
unloading goods.
[Added 8-19-2020 by L.L. No. 10-2020]
An area of a lot between a building facade and a right-of-way
line of a public street or road.
[Added 2-19-2020 by L.L. No. 3-2020]
Any substance used to destroy or inhibit fungus growth.
Any structure at least 14 feet in width and 20 feet in length
that is configured and situated such that it can accommodate an automobile.
A garage conducted as a business. The rental of storage space
for more than two passenger cars or for one commercial vehicle not
owned by a person residing on the premises shall be deemed a business
use.
Every type of sale or offering for sale of 10 or more new,
used or secondhand items of personal property at any one residential
premises at any one time. The term “garage sale” shall
include all sales in residential areas entitled “garage sale,”
“yard sale,” “tag sale,” “porch sale,”
“lawn sale,” “attic sale,” “basement
sale,” “rummage sale,” “flea market,”
or any similar casual sale of tangible property which is advertised
by any means whereby the public is or can be made aware of the sale.
A building, not over three stories in height, used principally
for apartment dwelling units.
Any lot, including structures thereon, that is used for the
sale of gasoline, and any other motor vehicle fuel together with oil
and other lubricating substances, the sale of motor vehicle accessories,
and may include facilities for lubricating, washing or other servicing
and minor repair of motor vehicles, but shall not include painting,
body work, storage, rental or sales of vehicles of any type.
Major vehicular Town entranceway.
The land outside the primary recharge zone through which
runoff and precipitation flow directly and rapidly into the ground,
also to be known as “Zone III.” (See Schenectady Aquifer
Protection Zones Map, Plate #1, dated February 1990.)[4]
For the purpose of this chapter, the Glenville Business and
Technology Park is that geographic area comprised of mostly warehousing,
distribution and industrial uses formerly referred to as Corporations
Park, the Scotia-Glenville Industrial Park, and Navy Depot. The Park
is that area zoned Research/Development/ Technology, generally bound
by Amsterdam Road on the south/southwest, the rail line now or formerly
owned by Pan Am Southern on the north, and Preddice Parkway and Access
Boulevard on the east.
[Added 2-20-2013 by L.L. No. 2-2013]
Required Town approval for all land alterations including
grading, cutting, filling, vegetation removal, and building construction
in which one acre or more of land is to be altered.
That portion of land shown on a development plan, Master
Plan or Official Map the purpose of which is intended for open space
preservation, recreation (active or passive), landscaping or parkland.
Unless otherwise required by the Planning or Town Board, said lands
shall be undisturbed and seeded and planted with appropriate materials
or left in their natural state.
The sum of the area enclosed by the outside faces of exterior
walls surrounding each floor used for dwelling purposes, excluding
any areas used for a garage, cellars, attics, porches (either open
or enclosed), patios and breezeways. However, "floor area" for the
purposes of measurement for off-street parking spaces shall not include:
floor area devoted primarily to storage purposes (except as otherwise
noted herein); floor area devoted to off-street parking or loading
facilities, including aisles, ramps, and maneuvering space; or basement
floor area other than area devoted to retailing activities, to the
production of processing of goods, or to business or professional
offices.
Any water beneath the land surface in the saturated zone
of soil.
Any sign suspended from a ceiling or overhang.
[Added 4-5-2006 by L.L. No. 3-2006]
Any substance listed in either 6 NYCRR Part 371, or 6 NYCRR
Part 597, alone or in combination, including but not limited to petroleum
products, organic chemical solvents, heavy metal sludge, acids with
a pH less than or equal to 2.0, alkalis with a pH greater than or
equal to 12.5, radioactive substances, pathogenic or infectious wastes
or any material exhibiting the characteristics of ignitability, corrosivity,
reactivity or EP toxicity.
A facility that receives any hazardous materials from off-site.
See "building height."
Any man-made substance used to destroy or inhibit plant growth.
An occupation or profession which is clearly incidental and secondary to the use of the dwelling unit for residential purposes. See § 270-45, Home occupations, for requirements.
An establishment opened for the incidental or main purpose
of communally smoking from hookahs. See "cannabis or tobacco retail
and consumption premises."
[Added 2-3-2021 by L.L.
No. 2-2021; amended 9-6-2023 by L.L. No. 4-2023]
Paraphernalia for smoking plant solids or liquids, the traditional
device contains head, hose, body, water bowl and mouthpiece for heating
or vaporizing materials. Newer versions are electronic, battery-operated
devices that convert liquid to vapor. See "cannabis or tobacco retail
and consumption premises."
[Added 2-3-2021 by L.L.
No. 2-2021; amended 9-6-2023 by L.L. No. 4-2023]
Unless otherwise specified, the term "hospital" shall be
deemed to include a sanitarium, preventorium, clinic, and any other
place for the diagnosis, treatment or other care of ailments, and
shall be deemed to be limited to places for the diagnosis, treatment
or other care of human ailments.
An establishment for the temporary occupation by sick or
injured animals for the purpose of medical diagnosis and treatment.
An establishment which is open to transient guests, in contrast
to a boarding-, rooming, or lodging house, and is commonly known as
a hotel or motel in the community in which it is located, and which
provides customary hotel services such as maid service, the furnishing
and laundering of linen, telephone and secretarial or desk service,
on-site restaurant, recreational facilities, and the use and upkeep
of furniture.
Human feces and urine.
A facility operated by an organization which provides services
such as training, counseling, health, or the distribution of food
or clothing. This term includes but is not limited to a facility offering
life skills training, substance abuse counseling, housing services,
or a neighborhood recovery center.
[Added 8-19-2020 by L.L. No. 10-2020]
A facility, the principal use of which is the conducting
of recreation, sports, and games inside a building or structure. Examples
of indoor recreation facilities include, but are not limited to, swimming
pools, racket courts, bowling alleys, sports arenas, community recreation
centers, fitness centers, and soccer fields.
[Added 12-20-2017 by L.L.
No. 13-2017]
This Board is comprised of the chief elected official of
each of the municipal jurisdictions in Schenectady County served by
the Schenectady Aquifer and established to enforce and administer
the Intermunicipal Watershed Rules and Regulations and to conduct
the central review function of actions taking place within the designated
protection zones. The Board was established by adoption of "An Agreement
for Intermunicipal Cooperation for an Aquifer Protection Program,"
and was previously known as the “Watershed Committee.”
Landscaping or similar features intended to lessen the visual
and environmental effect of large expanses of parking lots.
A public or private establishment which presents totally
nude dancers, strippers, male or female impersonators or exotic dancers,
or other similar entertainers, but does not serve alcoholic beverages
of any kind, and which establishment customarily excludes any minor
by reason of age.
The use of more than 20,000 square feet of any lot, or portion
of a lot, outside of a building, for the storage, keeping, or abandonment
of automobiles or other vehicles or machinery or parts thereof.
Any premises on which dogs or cats are maintained, boarded,
bred or cared for, in return for remuneration, or are kept for the
purpose of sale.
A lot or parcel with less frontage on a public street than
is required by the restrictions of the zoning district in which it
is located.
A disposal facility or part of one at which solid waste,
or its residue after treatment, is intentionally placed in or on land,
and at which solid waste will remain after closure of the facility.
A commercial building of 20,000 square feet or more of gross
floor area.
Provision of fabric cleaning and repairs as a paid service.
[Amended 2-19-2020 by L.L. No. 3-2020]
DROP-OFF FACILITYIncludes storefronts that accept laundry for off-site cleaning services.
DRY CLEANINGInvolves the specialized cleaning of clothing and fabrics using chemicals.
FABRIC RESTORATIONThe act of weaving or sewing for the purpose of restoring damaged cloth articles such as clothes, furniture upholstery and/or linens.
LAUNDRY SERVICEProvides stain removal, tailoring, washing, and pressing of clothing articles.
ON-SITE CLEANINGRequires on-site facilities for fabric care, including business premises equipped with individual clothes washing and/or drying machines for use by retail customers, exclusive of any laundry facilities provided as an accessory use in an apartment.
An electronic variable message sign made up of thousands
of tiny lights called L.E.D.s (light emitting diodes). L.E.D. signs
can vary considerably in size, have full color, and allow for images
that appear to move with video-like quality.
[Added 2-20-2013 by L.L. No. 2-2013]
A public facility in which literary, musical, artistic, or
reference materials, such as but not limited to books, manuscripts,
computers, recordings, or films, are kept for use by or loaning to
patrons of the facility, but are not normally offered for sale.
[Added 8-19-2020 by L.L. No. 10-2020]
Any plant for the making, processing, assembly or handling
of materials or products, which does not involve the reduction, conversion
or manufacturing of primary raw materials; which is confined to the
making of finished products or parts thereof from component parts
and semi-finished products and which is conducted entirely within
an enclosed building and does not include any open-storage use or
outdoor manufactory operation.
The shortest horizontal distance from the nearest point of a structure or object to the boundary of any aquifer protection zone, or to the edge, margin or steep bank forming the ordinary high water line of a water body. In reference to Article VII of this chapter, it is the shortest horizontal distance between two points.
A privately owned building or group of buildings used primarily
for providing sleeping accommodations for automobile travelers. Motels,
hotels, motor inns, suites, bed-and-breakfasts and similar for-gain
operations constitute "lodging." For the purposes of this chapter,
boardinghouses, rooming houses, and charity-sponsored sleeping accommodations
do not constitute "lodging."
Any picture, shape or drawing, with or without letters or
words used to identify a product, service, business or organization.
[Added 4-5-2006 by L.L. No. 3-2006]
A portion or parcel of land considered as a unit devoted
to a certain use or occupied by a building or a group of buildings
that are united by a common interest or use, and the customary accessories
and open spaces belonging to the same. A lot may or may not be the
land shown as a lot of a duly recorded plat.
The area of a horizontal plane bounded by the front, side,
and rear lot lines, but not including any area occupied by the waters
of a duly recorded lake or river.
A lot which has an interior angle of less than 135° at
the intersection of two street lines. A lot abutting upon a curved
street shall be considered a corner lot if the tangents to the curve
at the point of intersection of the side lot lines intersect at an
interior angle of less than 135°. Each street line shall be considered
a front lot line. The interior lot line most nearly parallel to the
rear of the principal structure shall be deemed to be the rear line,
and the rear and side yard requirements shall be calculated accordingly.
Determined by dividing that area of a lot which is covered
by buildings, including covered porches and accessory buildings, by
the gross area of that lot.
A lot, other than a corner lot or through lot, wherein frontage
is provided on only one street.
A line dividing one lot from another lot or from a street
or alley.
Any lot which has been established as such by plat, survey,
record, or deed prior to the effective date of this chapter, as shown
in the records of the Office of the Assessor, Town of Glenville.
A lot that has a pair of opposite lot lines, both with street
frontage, but not a corner lot. On a through lot, both street lot
lines shall be deemed front lot lines.
The horizontal distance between side lot lines, measured
at the front property line.
The mechanical or chemical transformation of materials or
substances into new products, including the assembling of component
parts, the manufacturing of products, and the blending of materials.
[Added 8-19-2020 by L.L. No. 10-2020]
Waterfront establishments whose business is offering the
sale or rental of boats and marine sporting equipment and the servicing,
repair, or storage of same. Such establishments may also provide travelift
services, slip rental, sanitary pump-out service and food, drink and
transient lodging accommodations.
[Amended 8-19-2020 by L.L. No. 10-2020]
The treating of superficial parts of a patron for medical,
hygienic, exercise or relaxation purposes, by rubbing, stroking, kneading,
tapping, pounding, vibrating or stimulating with the hands or any
instrument or by the application of air, liquid or vapor baths of
any kind whatsoever.
[Added 12-20-2017 by L.L.
No. 13-2017]
An establishment in which individuals pay for massage treatments.
Alternatively, and illegally, a place that advertises as a massage
parlor, but in fact is a front for prostitution and other illicit
sexual activities.
[Added 12-20-2017 by L.L.
No. 13-2017]
An establishment for selling marijuana and associated products,
both medical (CBD) or recreational concentrations (higher concentration
of THC), in any form: topical, edible, or inhalant.
[Added 2-3-2021 by L.L.
No. 2-2021]
A use engaged in research and development, testing, assembly,
repair, and manufacturing in the medical industries: biotechnology,
pharmaceuticals, medical instrumentation or supplies. Office, warehousing,
wholesaling, and distribution of the finished products produced at
the site are allowed as part of this use.
[Added 8-19-2020 by L.L. No. 10-2020]
A small brewery that produces beer and ale for sale on and/or
off site. For the purposes of this chapter, a microbrewery is limited
to a production of no more than 10,000 barrels per year. On-site consumption
is not allowed, other than sample tasting by customers shopping on
site.
[Added 7-18-2012 by L.L. No. 3-2012]
A small, often boutique-style facility for the production,
packaging and sampling of beverages with alcoholic and/or nonalcoholic
content, usually produced in single batches, for retail or wholesale
distribution. For the purposes of this chapter, a farm distillery
is a type of microdistillery, and is regulated herein as such.
[Added 2-15-2017 by L.L.
No. 3-2017]
A small wine producer that does not have its own vineyard,
and instead sources its grape production from outside suppliers. Microwineries
produce wine for sale on and/or off site. For the purposes of this
chapter, a microwinery is limited to a production of no more than
2,000 barrels per year. On-site consumption is not allowed, other
than sample tasting by customers shopping on site.
[Added 7-18-2012 by L.L. No. 3-2012]
A building that contains residential and nonresidential uses.
[Added 2-19-2020 by L.L. No. 3-2020]
A development site with multiple buildings containing both
residential and nonresidential uses.
[Added 2-19-2020 by L.L. No. 3-2020]
Any vehicle or similar portable structure having been constructed
with wheels (whether or not such wheels have been removed) and having
no foundation other than wheels, jacks, or skirtings and so designed
or constructed as to permit occupancy for permanent dwelling or sleeping
purposes.
A permanent sign of solid construction with architecturally
complimentary pillars or posts supporting a sign/advertisement area
between said posts or pillars.
[Added 4-5-2006 by L.L. No. 3-2006]
See "hotel or motel."
Any passenger vehicle, truck, truck-trailer, trailer or semitrailer
propelled or drawn by an engine that uses fossil fuels or electricity.
A property containing four or more offices, commercial establishments
or industrial establishments, or combinations thereof, which are located
in a single building or in two or more buildings developed as part
of a single integrated development.
See "dwelling, multifamily."
The local official responsible for the operation, maintenance
and provision of the public water supply in each of the communities
served by the Schenectady Aquifer also to be known as the “Superintendent
of Water” in the City of Schenectady, the Superintendent of
Public Works in the Village of Scotia, the Commissioner of Public
Works in the Town of Glenville, the Commissioner of Public Works in
the Town of Niskayuna and the Commissioner of Public Works in the
Town of Rotterdam.
A commercial establishment dispensing alcoholic beverages
for consumption on the premises and in which dancing and musical entertainment
are permitted.
[Added 8-19-2020 by L.L. No. 10-2020]
Any building or structure which:
Any lot that does not meet the minimum lot size requirements
of the zoning district in which it is located.
Any use of a building, or structure, or tract of land, otherwise
lawfully established but which does not conform to the regulations
for the district in which such is located, either at the effective
date of this chapter or as a result of subsequent amendment(s) thereto.
An entity organized and existing under the Not-for-Profit
Corporation Law of the State of New York, established for charitable,
education, or humanitarian purposes and not for making money.
[Added 2-21-2007 by L.L. No. 1-2007]
A building(s) and/or property, owned or operated by a not-for-profit
group, whose principal use is recreation. Recreation uses typical
of such a facility include but are not necessarily limited to tennis,
swimming, basketball, racquetball, soccer, baseball, hockey, and fitness.
Activities may occur indoors or outdoors, but there shall be no motorized
sports or discharge of firearms on the property, either indoors or
outdoors. YMCAs, YWCAs, and youth sports organizations are typical
examples of not-for-profit recreation providers.
[Added 2-21-2007 by L.L. No. 1-2007]
A tract of land used to grow landscaping and house plants
that are sold on the same parcel.
[Added 8-19-2020 by L.L. No. 10-2020]
See "care homes."
A building wherein services are performed involving predominantly
administrative or clerical operations.
The map(s) included with this chapter showing the boundaries
of the various zoning districts, including the map(s) illustrating
separately the boundaries of the aquifer protection overlay district(s).
The Zoning Map may also be in digital format via the Town of Glenville
Geographic Information Systems database.
Any system used for the disposal of sewage on a site or parcel
of land.
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 within or related to a development, not in individually
owned lots or dedicated for public use, but which is designed and
intended for the common use or enjoyment of the residents of the development.
The holding of a material in a way that the material is exposed
to the elements of nature.
Any number of amenities or uses of land that permit or encourage
ball playing, bicycle riding, skateboarding, in-line skating, jogging,
cross-country skiing, ice skating, and other out-of-doors activities
that one typically finds in a park-type setting. For the purposes
of this chapter, facilities that promote the use of motorized vehicles
meant to propel riders or passengers for recreational purposes (i.e.,
go-karts, motorcycles, snowmobiles, all-terrain vehicles, etc.) are
not permitted within the Riverfront Recreation/Commercial District.
[Amended 12-20-2017 by L.L. No. 13-2017]
The keeping, in an unroofed area, of any goods, material,
merchandise, or vehicles in the same place for more than 24 hours.
The titleholder of record of real property, or if he/she
is deceased, then his/her estate.
A continuous quantity of land in the possession of or owned
by, or recorded as the property of, the same person, persons, corporation,
business, governmental entity, etc.
A public park or recreational area, owned or operated by
the Town, county, state, federal government, nonprofit or public agency.
An off-street space available for the parking of one motor
vehicle and having an area of not less than 9 1/2 feet by 18
feet, exclusive of passageways and driveways appurtenant thereto,
and giving access thereto, and having direct access to a street or
alley.
An establishment primarily engaged in the business of lending
money on the deposit or pledge of personal property, often jewelry,
and/or in the purchase of personal property with an expressed or implied
agreement or understanding to sell it back at a subsequent time at
a stipulated price.
[Added 5-27-2015 by L.L.
No. 2-2015]
A theater which presents material in the form of live shows,
films or videotapes presented by coin- or token-operated, or electronically
or mechanically controlled, still or motion-picture machines, projection
viewed from an individual enclosure, for which a fee is charged, and
which establishment customarily excludes any minor by reason of age
due to the sexually explicit nature of the shows, films, or videotapes.
Those uses permitted in a zone that are allowed without obtaining
site plan review approval or a conditional use permit.[5]
Structures and facilities for the provision of personal wireless
services, including, but not limited to any freestanding tower greater
than 35 feet in height, and any accessory structures thereto.
Cellular telephone, personal communications services, other
mobile radio services, and any other FCC-licensed wireless common
carriers.
Any substance or mixture of substances intended for preventing,
destroying, repelling, or mitigating any pest, and any substance or
mixture of substances intended for use as a plant regulator, defoliant
or desiccant, and being those substances defined as pesticides pursuant
to Environmental Conservation Law § 33-0101 et seq.
A rectangular support projecting slightly from a wall, treated
architecturally as a column, and used primarily for ornamental purposes.
A tract of land which contains or will contain one or more principal buildings, developed under single ownership or control, the development of which is reasonably compatible with adjacent parcels, and with the intent of this chapter. After the prescribed review, permission may be granted to develop the tract under modified land use regulations and design standards according to the requirements of Article VI of this chapter.
The design of a development, including a plat or subdivision,
all covenants relating to use, location and bulk of buildings and
other structures, intensity of use or density of development, private
streets, ways and parking facilities.
A sign supported above the ground by one or more poles, as
distinguished from a billboard or ground sign.
[Added 4-5-2006 by L.L. No. 3-2006]
A sign which directs attention to a candidate, issue, cause
or political party prior to a primary, special or general election.
[Added 4-5-2006 by L.L. No. 3-2006]
A container designed and commonly used for the temporary
storage of commercial or industrial goods, equipment or supplies or
for the storage of residential household goods or personal property.
Examples include piggyback containers that can be transported by mounting
on a truck chassis and PODS®-type boxes that can be transported
on a flatbed or other truck. Prefabricated storage sheds that are
owned by the property owner and which are intended for permanent placement
on the property are not considered "portable' and would not come under
this definition.
[Added 8-18-2010 by L.L. No. 5-2010]
A porch or vestibule, roofed but partly open on at least
one side.
Those land areas of general aquifer recharge that contribute
groundwater to the public wells, including and encompassing the wellhead
protection zone, also to be known as Zone II (see Schenectady Aquifer
Protection Zones Map, Plate #1, dated February, 1990).
See "building, principal."
A facility for the custom reproduction of written or graphic
materials on a custom-order basis for individuals or businesses. Typical
processes include, but are not limited to, photocopying, blueprint,
and facsimile sending and receiving, and including offset printing.
[Added 8-19-2020 by L.L. No. 10-2020]
A tract of land presently owned or controlled and used by
private or semipublic persons, entities, groups, etc., for active
and/or passive recreational purposes.
[Added 8-19-2020 by L.L. No. 10-2020]
A way open to vehicular ingress and egress established as
a separate tract for the benefit of certain, adjacent property owners.
This definition shall not apply to driveways.
An office maintained by an individual or firm for the practice
of one or more of the following professions only: physician, dentist,
lawyer, engineer, architect, teacher or accountant.
The lines bounding a lot of record.
Specific areas, also known as Zones I through IV, that define
a hierarchy of aquifer sensitive land as designated and described
herein and delineated on the Schenectady Aquifer Protection Zones
Map, Plate #1, dated February, 1990.
A nonprofit association of persons who are bona fide members
paying annual dues, use of premises being restricted to members and
their guests.
[Added 8-19-2020 by L.L. No. 10-2020]
An open forum that affords citizens the opportunity to voice
opinions on actions being taken by the local governing body.
All public property reserved or dedicated for motor vehicle
traffic, with or without accommodations for pedestrians and bicyclists.
Pursuant to Article XII, the income needed to pay the principal and interest payments on a fixed-rate, thirty-year mortgage for 70% of the sales price of affordable housing, at current mortgage rates. In calculating the qualifying income, the yearly mortgage payments (including insurance and property taxes), must not exceed 30% of the applicant's/household's yearly gross income.
A lot or land or part thereof used for the purpose of extracting
stone, minerals, gravel, or topsoil for sale, as a business operation,
and exclusive of the process of grading a lot preparatory to the construction
of a building.
Ionizing radiation, that is, any alpha particle, beta particle,
gamma ray, X-ray, neutron, high-speed proton and any other atomic
particle producing ionization, but shall not mean any sound or radio
wave, or visible, infrared or ultraviolet light.
Any material in any form that emits radiation spontaneously.
An area that has soils and geological features that are conducive
to allowing significant amounts of surface water to percolate into
groundwater.
Every type of motor-driven vehicle used primarily for recreational
purposes and including living and/or sleeping facilities.
A use engaged in research and development, testing, assembly,
repair, and manufacturing in the following industries: biotechnology,
pharmaceuticals, medical instrumentation or supplies, communications
and information technology, electronics and instrumentation, and computer
hardware and software. Office, warehousing, wholesaling, and distribution
of the finished products produced at the site are allowed as part
of this use.
[Added 8-19-2020 by L.L. No. 10-2020]
Pertaining to the use of a one-, two- or multiple-family
dwelling as a place of residence.
An establishment that serves food and beverages primarily
to persons seated within the building. This includes cafes, tearooms,
outdoor cafes, fast-food restaurants, coffee shops and banquet/reception
halls.[6]
The sale of goods, articles or consumer services individually
or in small quantities directly to the consumer, typically department
stores, food markets and similar establishments, but also including
on-premises manufacturing, processing, servicing, preparation and
wholesale business transactions customarily associated therewith,
but clearly incidental thereto. This term shall not include restaurants,
pawn shops, thrift stores, secondhand dealers, smoke shops, marijuana
dispensaries (including CBD products), adult businesses, massage parlors,
motor vehicle businesses, places of public assembly, medical centers
or services listed separately under services.
[Added 2-19-2020 by L.L.
No. 3-2020;[7] amended 2-3-2021 by L.L. No. 2-2021; 9-6-2023 by L.L. No. 4-2023]
An area or strip or land, either public or private, on which
an irrevocable right-of-passage has been recorded.
A structure not exceeding a footprint of 600 square feet
for the display and sale of agricultural products, including Christmas
trees, flowers, soil, loam, mulch, etc., but not including chemicals
such as herbicides, fertilizers, pesticides, etc.
Any lot of land upon which two or more designated sites are
located for occupancy by recreational vehicles owned by the general
public as temporary living quarters for recreation or vacation purposes.
Recreational equipment, rest rooms, and other facilities commonly
associated with RV parks are permitted, but they must be clearly incidental
to the primary use.
A lot or portion of a lot where four or more unregistered,
old or secondhand motor vehicles are being accumulated for disposal,
resale of used parts or reclaiming certain materials such as metal,
gas, fabric and the like.
A pair of connected boards or sign faces, typically hinged
or fastened at one end for A-frame-type display, placed next to a
commercial establishment to advertise its products, sales or specials.
[Added 2-20-2013 by L.L. No. 2-2013]
Also known as the “Great Flats Aquifer,” the
saturated and overlying unsaturated geologic formations generally
existing in the Mohawk Valley lowland areas within the municipal boundaries
of the City of Schenectady, Village of Scotia and the Towns of Glenville,
Rotterdam, and Niskayuna.
A facility that provides a curriculum of elementary and secondary
academic instruction, is licensed by New York State, and contains
structures in which to conduct instruction.
A person or business, for monetary gain, or as an agent of
another, including partnerships, associations, and corporations, who
conducts the business of buying, selling, or otherwise dealing in
secondhand or used goods or merchandise. Excluded from this definition
are used motor vehicle dealers.
[Added 12-20-2017 by L.L.
No. 13-2017]
A building consisting of individual, self-contained units
for the purpose of storing personal property. No outdoor storage is
permitted with a self-storage use.
[Added 12-4-2019 by L.L.
No. 7-2019]
The contents of a septic tank, cesspool or other individual
wastewater treatment work that receives domestic sewage wastes.
Uses which provide skilled professional labor to consumers,
including personal and general services, but excluding fabric care,
public utility, incarceration, and logistic services.
[Added 2-19-2020 by L.L. No. 3-2020; amended 9-6-2023 by L.L. No. 4-2023]
PERSONAL SERVICESA nonretail establishment providing services related to the care of individuals or their apparel. Such services include, but are not limited to, insurance, financial advising, planning and consulting; business-to-business consulting; business functions; food service; health care; hospitality; information services; grooming; risk management; and social services. Such services do not include day-care services.
GENERAL SERVICESA commercial establishment whose primary activity and purpose is the rendering of service and repair activities on equipment and appliances on site, and is not the sale of goods. Such establishments include but are not limited to watch, clock, radio, television, computer, home appliance, and bicycle repair. General services do not include any services described under the definition of "automobile repair shop" or any other automotive or small engine repair.
The minimum horizontal distance between the line of a building
or structure and the front, side, or rear property line.
Any liquid, semiliquid or solid human or animal waste matter
from a domestic, commercial, private or industrial establishment or
other place with such groundwater infiltration and surface water as
may be present, including mixtures of sewage with industrial wastes
or other wastes as defined in § 17-0105 of Article 17 of
the New York State Environmental Conservation Law.
A grouping of retail business and service uses on a single
site with common parking facilities.
An entire dwelling unit, or a room, group of rooms, other
living or sleeping space, or any space within a dwelling made available
for rent by guests for less than 30 consecutive days, where the unit
is offered for tourist or transient use by the short-term rental host
of the residential unit.
[Added 9-6-2023 by L.L. No. 4-2023]
A paved (or potentially hard-packed dirt surface in more
rural/undeveloped areas) section of the public frontage, typically
no less than 10 feet in width, dedicated to pedestrian and bicycle
activity.
[Added 2-19-2020 by L.L. No. 3-2020]
The paved section of the public frontage, typically made
of cement, dedicated exclusively to pedestrian activity.
[Added 2-19-2020 by L.L. No. 3-2020]
Any object, device, display or structure, or part thereof,
situated outdoors or indoors, which is used to advertise, identify,
display, direct or attract attention to an object, person, institution,
organization, business, product, service, event or location by any
means, including words, letters, figures, designs, symbols, fixture,
colors, illumination or projected images. "Sign" does not include
the flag of any nation, organization nations, state or city, or fraternal,
religious or civic organizations. "Sign" does not include merchandise,
pictures or models of products or services incorporated in a window
display, works of arts which in no way identify a product or scoreboard
located on an athletic field.
[Added 4-6-2006 by L.L. No. 3-2006]
A plan, prepared to scale, showing accurately and with complete
dimensioning, the boundaries of a site and the location of all buildings,
structures, uses, and principal site development features proposed
for a specific parcel of land.
The formal review process outlined in Article XVI of this chapter in which a site plan is reviewed and evaluated by the Glenville Environmental Conservation Commission and ultimately, the Planning and Zoning Commission.
Any solid, semisolid or liquid waste generated from a wastewater
treatment plant, water supply treatment plant or air pollution control
facility but does not include the treated effluent from a wastewater
treatment plant.
See "cannabis or tobacco retail and consumption premises."
[Added 9-6-2023 by L.L. No. 4-2023]
All putrescible and nonputrescible materials or substances
that are discarded or rejected, including but not limited to garbage,
refuse, industrial and commercial waste, sludge, rubbish, tires, ashes,
contained gaseous material, incinerator residue, demolition and construction
debris, discarded automobiles and offal; but not including those exclusions
contained in 6 NYCRR 360-1.2(a)(4), and any amendments thereto.
Any facility employed beyond the initial solid waste collection
process, including, but not limited to, transfer stations, bailing
facilities, rail haul or barge haul facilities, processing systems,
including resource recovery facilities or other facilities for reducing
solid waste volume, sanitary landfills, facilities for the disposal
of construction and demolition debris, plants and facilities for compacting,
composting or pyrolization of solid wastes, incinerators and other
solid waste disposal, reduction or conversion facilities, as defined
in Environmental Conservation Law § 27-0701 et seq.
Less than completely and opaquely covered human genitals,
pubic region, buttocks and female breast below a point immediately
above the top of the areola, and human male genitals in a discernibly
turgid state, even if completely and opaquely covered.
Human genitals in a state of sexual stimulation or arousal;
acts of human masturbation; sexual intercourse or sodomy; fondling
or other erotic touching of human genitals, pubic region, buttocks
or female breasts.
Any unpermitted releasing, spilling, discharging, leaking,
pumping, pouring, emitting, emptying or dumping of a petroleum product,
or any other hazardous material so that such substance, products or
materials may enter the environment, regardless of whether such entry
was the result of intentional or unintentional action or omission.
Any accessory building in which horses are kept for private
use and not for hire, remuneration or sale.
The implementing regulations of the State Environmental Quality
Review Act (New York State Environmental Conservation Law § 8-0113)
as set forth under Title 6 of the New York Compilation of Rules and
Regulations (6 NYCRR 617) which provide for incorporating environmental
review within the decision making of any agency of any governmental
unit in the State of New York. The terms "action," "agency," "applicants,"
"approval," "environmental assessment form" or "EAF," "environmental
impact statement" or "EIS," "involved agency," "lead agency," "Type
I action" and "unlisted action" shall have the meanings set forth
in Section 617.2 of SEQR.
The SPDES program was created to maintain New York's waters
with reasonable standards of purity. New York State law requires a
permit for the following activities:
The relatively permanent keeping of merchandise, personal
property, building material, unregistered vehicles, vehicle parts,
junk or garbage at a premises.
A plan which fully indicates the necessary land protection
and structural measures, including a schedule of the timing of their
installation, which will effectively describe how post development
runoff will not exceed predevelopment runoff and minimize soil erosion
and sediment yields.
That portion of a building between the surface of any floor
and the surface of the floor next above it; or if there is no floor
above it, then the space between any floor and the ceiling next above
it.
Those areas where surface waters flow sufficiently to produce
a defined channel or bed. The channel or bed may be intermittent and
need not contain water year-round.
A public or private right-of-way which affords a primary
means of vehicular access to abutting property, whether designed as
a street, avenue, highway, road, boulevard, lane, throughway or however
otherwise designed, but does not include driveways to buildings. A
street may or may not include accommodations for pedestrians and bicyclists.
Soil mix that is a load-bearing matrix of coarse stone aggregate,
topsoil, and binding polymer that can be extended out under impervious
pavement from landscape areas to increase rootable soil volume.
That which is built or constructed, or any piece of work
artificially built up or composed of parts joined together in some
definite manner, the use of which requires more or less permanent
location on the ground, or which is attached to something having permanent
location on the ground.
The division of any parcel of land into two or more buildable
lots, blocks or sites, with or without streets or highways, and includes
resubdivision.
Any division of land not classified as a minor subdivision,
including, but not limited to, subdivisions of five or more lots,
or any size subdivision requiring any new street or extension of municipal
facilities.
Any division of land containing not more than four lots fronting
on an existing street, not involving any new street or road or the
extension of municipal facilities.
Indoor or outdoor facilities that offer swimming and related
water recreation, whether pool-based, lake-/pond-based, or river-based.
For the purposes of this chapter, the facility must be available to
the public either at no charge, or by a nominal daily fee. Private
swim clubs that limit use to members do not constitute a swimming
facility unless public access is guaranteed via a nominal daily fee.
Pursuant to Article XII, prices for ownership and rental of affordable housing which are to be used to guide the Town Board in determining the extent of density bonuses to be granted.
An establishment serving alcoholic beverages in which the
principal business is the sale of such beverages at retail for consumption
on the premises and where sandwiches and snacks may be available for
consumption on the premises.
[Added 8-19-2020 by L.L. No. 10-2020]
A sign that is not permanently affixed to the ground or to
a structure and that, by the nature of the event or product it is
advertising, need not be on display year-round.
[Added 4-6-2006 by L.L. No. 3-2006; amended 2-20-2013 by L.L. No.
2-2013]
The line where the taper of the fill meets the existing grade.
A linear feature that defines the boundary between the sloping
channel of a river or stream and the usually less sloping adjacent
land that is only impacted by the river or stream during times of
flooding. The top of the riverbank is usually in a state of flux as
stream channels change due to erosion and siltation.
A room in a single-family home rented to tourists or travelers.
[Added 8-19-2020 by L.L. No. 10-2020]
Town of Glenville local law intended to minimize public and
private losses due to flood conditions in specific areas.
A permit issued by the Town Engineering Department to install
or repair a septic system.
A building containing two or more dwelling units, each of
which has primary ground floor access to the outside, and which are
attached to each other by common walls without openings. A standalone
townhouse is considered a two-family dwelling, provided there are
no more than two dwelling units within the structure. Two or more
townhouse structures per lot, or any townhouse containing three or
more dwelling units, is considered a multifamily use.
Any compound or material which is, or may be, harmful to
human health, as defined by § 4801, Subdivision 2, of the
New York State Public Health Law.
A permitted use or structure that by nature or level or scale
of activity acts as a transition or buffer between two or more incompatible
uses.
See "yard, transitional."
Land outside the aquifer area that contributes runoff over
land and/or through surface streams for groundwater recharge, also
known as Zone IV (see Schenectady Aquifer Protection Zones Map, Plate
#1, dated February, 1990).
The subsurface emplacement of fluids through a bored, drilled
or driven well, or through a dug well, where the depth of the dug
well is greater than the surface dimensions, including, but not limited
to, the use of this procedure for the production of oil or gas or
the excavation of minerals.
Any tank, pipe or other vessel at least 10% of which is beneath
the surface of the ground and is used for the purpose of material
holding, storage or containment, except those used for public water
and sewer.
Any tank completely covered with earth or other material
such as concrete, pavement or other material which visually restricts
the identification of leaks. Tanks in subterranean vaults accessible
for inspections are considered aboveground tanks.
The purpose or activity for which the land or building thereon
is designed, arranged or intended, or for which it is occupied or
maintained.
A use which may be lawfully established.
The main use of land or buildings as distinguished from a
subordinate or accessory use. A principal use may be a use or building
permitted by right, by site plan approval, or by conditional use permit.
[9]Any aboveground structure, except an antenna or utility pole
and associated appurtenances, which a provider constructs, erects,
or places on a site, and is attached or affixed to something having
a permanent location on or under the ground which is used to provide
its services to customers and which (1) exceeds 32 cubic feet total
volume or minimum height of four feet above grade; or (2) contains
any power generating equipment, regardless of size of the structure;
or (3) has the potential for creating environmental impacts.
[Added 8-19-2020 by L.L. No. 10-2020]
A retail operation or lounge whose primary purpose is the
sale and/or sampling of electronic cigarettes, vaping devices and
other products associated with vaping, whose sale of other products
is incidental, and whose gross revenues are over 50% from the sale
of vaping devices and product associated with vaping. See "cannabis
or tobacco retail and consumption premises."
[Added 12-20-2017 by L.L.
No. 13-2017; amended 9-6-2023 by L.L. No. 4-2023]
A mechanism which allows an individual to build on his/her
property in a way that is otherwise prohibited by this chapter.
A mechanism which allows for the establishment of a land
use which is not permitted within a particular zoning district.
The geographic region within which visibility of a particular
object or area begins.
A service window such as for restaurants in which customers
can access goods and services by walking or bicycling.
[Added 2-19-2020 by L.L. No. 3-2020]
A sign fastened to or painted on the wall of a building or
structure in such a manner that the wall becomes the supporting structure
for, or forms the background surface of, the sign and which does not
project more than 12 inches from such building or structure.
[Added 4-5-2006 by L.L.
No. 3-2006]
An use engaged in storage and wholesale of manufactured products,
supplies, and equipment, but excluding bulk storage of materials that
are inflammable or explosive or that create hazardous or commonly
recognized offensive conditions.
Any facility used for treating, neutralizing, stabilizing
or disposing of sewage, but excluding small-scale septic systems and
leach fields serving fewer than five residential units.
Any river, stream, spring, pond, lake, reservoir or channel
of water or any man-made culvert which flows directly into one of
the aforementioned.
The geographic region within which water drains to a particular
river, stream, or body of water.
The surface extent of the cone of depression, immediately
adjacent to the public wells, also known as Zone I (see Schenectady
Aquifer Protection Zones Map, Plate #1, dated February, 1990).
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
under normal circumstances, does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as “hydrophytic vegetation.”
A permit issued by either the NYS Department of Environmental
Conservation (state wetlands) or the Army Corps of Engineers (federal
wetlands) authorizing the disturbance of a wetland.
A space unoccupied by structures on the same lot with a building
or structure.
A side yard line which adjoins a public street.
A yard situated between the principal building and the front
line of the lot and extending the full width of the lot.
A side yard line which is located immediately adjacent to
another zoning lot or to an alley separating such side yard from another
zoning lot.
A yard situated between the principal building and the rear
line of the lot and extending the full width of the lot.
A yard situated between the principal building and the side
line of the lot and extending from the front yard line to the rear
lot line. Any lot line not a rear line or a front line shall be deemed
a side line.
That yard which must be provided on the more permissively
or intensively zoned lot in instances where said lot abuts a less
intensively zone lot (i.e., where a General Business lot abuts a Suburban
Residential lot).
A portion of the territory of the Town within which certain
uniform zoning regulations and requirements, or various combination
thereof, apply under the passing of this chapter.
The Building Inspector and Deputy Building Inspector of the
Town of Glenville or a duly appointed representative thereof.
[1]
Editor's Note: The former definition of "accessory
building, detached," which immediately followed this definition, was
repealed 9-3-2008 by L.L. No. 4-2008.
[2]
Editor's Note: Said picture is on file in the Town offices.
[3]
Editor's Note: The former definition of "fast-food restaurant,"
which immediately followed, was repealed 9-6-2023 by L.L. No. 4-2023.
[4]
Editor’s Note: The former definition of “general
service,” added 9-3-2008 by L.L. No. 4-2008, was repealed 2-19-2020
by L.L. No. 3-2020.
[5]
Editor’s Note: The former definition of “personal
service,” as amended, was repealed 2-19-2020 by L.L. No. 3-2020.
[6]
Editor's Note: The former definition of "restaurant, fast-food,"
which immediately followed, was repealed 9-6-2023 by L.L. No. 4-2023.
[7]
Editor’s Note: This local law also repealed the former
definition of “retail business,” as amended, which immediately
followed this definition.
[9]
Editor's Note: The former definition of "use
variance," which immediately followed this definition, was repealed
4-5-2006 by L.L. No. 3-2006. See now the definition of "variance use."
