As used in this chapter, the following terms
shall have the meanings indicated:
ADULT BOOKSTORE
An establishment having as a substantial or significant portion
of its stock-in-trade books, magazines, other periodicals, films,
slides and video tapes, and which establishment is customarily not
open to the public generally but excludes any minor by reason of age.
[Added 5-27-1997 by L.L. No. 2-1997;
amended 9-22-1997 by L.L. No. 6-1997]
ADULT DRIVE-IN THEATER
A drive-in theater that customarily presents motion pictures
that are not open to the public generally but excludes any minor by
reason of age.
[Added 5-27-1997 by L.L. No. 2-1997;
amended 9-22-1997 by L.L. No. 6-1997]
ADULT ENTERTAINMENT CABARET
A public or private establishment which presents topless
dancers, strippers, male or female impersonators, lingerie and other
private modeling, or exotic dancers or other similar entertainments,
and which establishment is customarily not open to the public generally
but excludes any minor by reason of age.
[Added 5-27-1997 by L.L. No. 2-1997;
amended 9-22-1997 by L.L. No. 6-1997]
ADULT ENTERTAINMENT USE
Any establishment the uses for which are restricted to persons
over 18 years of age, and not accessible to minors.
[Added 5-27-1997 by L.L. No. 2-1997;
amended 9-22-1997 by L.L. No. 6-1997]
ADULT MASSAGE ESTABLISHMENT
Any establishment having a fixed place of business where
massages are administered for pay, including but not limited to massage
parlors, sauna baths and steam baths. This definition shall not be
construed to include a hospital, nursing home or medical clinic or
the office of a physician, surgeon, chiropractor, osteopath or duly
licensed physical therapist or barbershops or beauty salons in which
massages are administered only to the scalp, face, neck or shoulders.
This definition also shall exclude health clubs which have facilities
for physical exercise, such as tennis courts, racquetball courts or
exercise rooms and which do not receive their primary source of revenue
through the administration of massages.
[Added 5-27-1997 by L.L. No. 2-1997;
amended 9-22-1997 by L.L. No. 6-1997]
ADULT MOTEL
A motel which is not open to the public generally but excludes
minors by reason of age, or which makes available to its patrons in
their rooms film, slide shows or videotapes which, if presented in
a public movie theater, would not be open to the public generally
but would exclude any minor by reason of age.
[Added 5-27-1997 by L.L. No. 2-1997;
amended 9-22-1997 by L.L. No. 6-1997]
ADULT PEEP SHOW
A theater or other establishment which presents material
in a form of live shows, films or videotapes viewed from an individual
enclosure or private room for which a fee is charged, which is not
open to the public generally but excludes any minor by reason of age.
[Added 5-27-1997 by L.L. No. 2-1997;
amended 9-22-1997 by L.L. No. 6-1997]
ADULT THEATER
A theater that customarily presents motion pictures, films,
videotapes or slide shows that are not open to the public generally
but exclude any minor by reason of age.
[Added 5-27-1997 by L.L. No. 2-1997;
amended 9-22-1997 by L.L. No. 6-1997]
APARTMENT, ACCESSORY
A separate self-contained dwelling unit which contains a
maximum gross floor area of 600 square feet and no more than one bedroom,
which is designated for occupancy by no more than two persons and
which is located in a structure containing no more than one dwelling
unit which contains at least 900 square feet of floor space finished
for dwelling purposes, exclusive of basement, cellar, attic or garage.
In order to be considered an "accessory apartment," such a dwelling
unit must meet all the requirements of the above definition.
BUILDING AREA
The area within any physical structure erected, including
overhang, carports or other extensions of the building.
BUILDING HEIGHT
The vertical distance between the average finished ground
elevation at the building line and the highest point of the building
which shall include any parapet, penthouse, elevator tower, mechanical
equipment or other appurtenances.
CONFERENCE CENTER
An establishment conducting meetings, services and similar
gatherings for scientific, philanthropic or religious purposes. A
"conference center" differs from a school in that no accreditation
or continuous curriculum is involved and meetings, seminars, etc.,
are short, a maximum of two weeks, and the clients are primarily adults.
Artistic performances or exhibitions of works of art are not considered
meetings or seminars. Temporary accommodations for participants may
be provided, subject to restrictions.
FLOOR AREA
As used in the computation of required off-street parking
spaces, the gross floor area of a building or part of a building owned
or leased and available for use by a nonresidential user, except for
basements and attics used exclusively for storage and common areas,
such as halls, cleaning closets or elevators, in a multioccupant building.
An entire floor in a converted former residential building may be
excluded from the gross floor area calculations if a binding agreement,
satisfactory to the Planning Commission and the Village Attorney,
is executed that will assure that the floor will remain vacant.
GREEN SPACE
The area within open space which is appropriately landscaped
or covered with natural vegetation; parking, outdoor storage, dumpsters
or similar uses are not permitted in areas designated as "green space"
on an approved site plan or subdivision plat.
HOME OCCUPATION
Any use conducted by a resident entirely within a single-family or two-family dwelling or its accessory building for gain, and which use is clearly subordinate to the use of the dwelling as a place of residence, and which complies with the conditions and criteria of §
242-5 of this chapter.
KENNEL
Any lot or part of a lot on which are housed four or more
adult dogs.
LOT, NONCONFORMING
Any lot, parcel of land or group of Tax Map parcels held
in common ownership and developed or intended to be developed as a
unit, which does not conform to the requirements of the Code with
respect to any of the following:
A.
Required lot area, frontage or depth.
C.
Required amount, location, dimensions or landscaping
of green space.
D.
Required fencing or screening.
E.
Required number, location or dimensions of off-street
parking spaces and the location or dimensions of aisles in parking
areas and entrances/exits from/to public streets.
F.
Location or dimensions of required off-street
loading space.
NIGHTCLUB
Any commercial establishment where food and/or drink is served
and which either provides live entertainment or an opportunity for
patrons to dance.
PARKING SPACE
A rectangle of at least nine feet by eighteen feet with a
generally level surface which is paved or otherwise treated to provide
a firm impervious surface with unobstructed direct access to an aisle
or driveway. Where a "parking space" is skewed it must contain a rectangle
of at least 9 feet by 18 feet.
RESEARCH ESTABLISHMENT
An establishment where scientific research is conducted in
libraries or fully enclosed laboratories, subject to restrictions.
RESEARCH LIBRARY
A library open to a restricted section of the public, catering
to special interest group(s) and specializing in selected scientific,
artistic or educational subject matters.
ROW OF SINGLE-FAMILY ATTACHED DWELLINGS
A group of three or more single-family attached dwellings
sharing common party walls so that the two dwellings at the end of
the row each share one party wall with an adjoining unit and the other
dwellings in the row share two party walls each.
SINGLE-FAMILY ATTACHED DWELLING
A structure designed for occupancy by one family, which shares
one or two party walls with one or two adjoining attached single-family
dwellings. Each "attached single-family dwelling" is completely self-contained
for independent family living.
STREET LINE
The line dividing private or public property from the street
or other public thoroughfare.
STRUCTURE, NONCONFORMING
Any building or structure or any group of buildings or structures
on the same lot, which does not conform to the requirements of the
Code with respect to any of the following:
A.
Required front, side or rear yard.
B.
Location of an accessory building, such as a
garage, with respect to the principal building.
C.
Building coverage, building height and/or building
spacing.
D.
Location or screening of outdoor storage.
E.
Location or screening of loading docks.
F.
Location, direction or intensity of outdoor
lighting.
G.
Setbacks from property lines or encroachment
into buffer zones.
SWIMMING POOL
A body of water in an artificial receptacle or other container
having a depth of water at any point greater than 42 inches or having
a water surface area greater than 150 square feet, whether located
indoors or outdoors or above ground or below ground, which is used
or intended to be used for swimming or bathing, including all structures,
appurtenances, equipment, appliances or other facilities pertinent
to and maintained for the operation thereof.
TWO-FAMILY DWELLING
A separate building or structure containing two independent
dwelling units each containing at least 900 square feet of finished
floor space (exclusive of cellar or basement), each unit being self-contained
with cooking and toilet facilities, and a separate exit to the outdoors.
A building or structure containing only one dwelling unit with at
least 900 square feet of finished floor space and an accessory apartment
is not a "two-family dwelling."
USE, ACCESSORY
A use which is incidental and subordinate to the primary
use of the lot, or of the building(s) thereon, on or in which the
accessory use is carried on.
USE, HEAVY INDUSTRIAL
Includes but is not limited to such uses as manufacturing
uses in primary production of materials, such as asphalt, cement,
charcoal, chemicals and related products, which are associated with
noise, air or liquid or solid pollution, as well as storage or processing
of the same; junk, salvage or auto wrecking yards; quarries and related
earth excavation; and, subject to the provisions of § 242-9B(2),
the manufacture or storage of substances designated as hazardous or
toxic under state and federal law.
USE, LIGHT INDUSTRIAL
The use of land designed to accommodate activities which
can conform to to a high level of performance standards. Establishments
of this type are within completely enclosed buildings or structures.
Such uses may include but are not limited to hand assembly, machine
packaging, hand alteration or any other processing of materials into
finished products or component parts, which processes conform to the
performance standards set forth in this chapter.
USE, NONCONFORMING
Any use of property or premises in the Village of Colonie
that does not conform to the Code of the Village of Colonie. A "nonconforming
use" shall be lawful when it is permitted upon variance or is based
upon a use of property that precedes the existence of an ordinance
or local law in the Village of Colonie establishing a more limited
use in any way for such property. The term "nonconforming use" shall
apply only to the use or activity taking place on the property or
premises, not to the property, premises or structure where the activity
takes place.
YARD
A space unoccupied by buildings or structures between a lot
line and a line parallel thereto running through the nearest point
of the nearest building or structure to said lot line. In case of
a building overhang, a "yard" shall be measured to the vertical projection
of the overhang onto the ground.
YARD, FRONT
A yard situated between the main building and the front line
of the lot and extending the full width of the lot.
YARD, REAR
A yard situated between the main building and the rear line
of the lot and extending the full width of the lot.
YARD, SIDE
A yard situated between the main 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.
[Amended 8-22-2011 by L.L. No. 3-2011]
The Board of Trustees shall appoint a Board
of Appeals pursuant to Village Law § 7-712.
A. Membership;
compensation; officers; term of office. Said Board shall consist of
five members who shall serve without compensation, for a term equal
to the number of regular voting members on the Board with one member’s
term expiring each year. The Mayor, subject to approval of the Board
of Trustees, appoints the Chairperson and the members. No member of
the Village Board of Trustees can also be a member of the Zoning Board
of Appeals.
B. Alternate
members. There shall be one alternate member of the Zoning Board of
Appeals. The Chairperson of the Zoning Board of Appeals shall temporarily
replace a member with an alternate member, with full voting privileges,
where the member’s abstention from a particular vote, due to
absence or conflict of interest, precludes the Board member from taking
action on a particular issue.
C. Minimum
standards for meeting attendance and training.
[Added 6-16-2014 by L.L. No. 1-2014]
(1) Any
member of the Village Zoning Board of Appeals may be removed for any
of the following:
(a) Nonexcused failure to attend three consecutive Zoning Board of Appeals
regularly scheduled meetings.
(b) Nonexcused failure to attend not less than eight nonconsecutive regularly
scheduled meetings during the calendar year, January through December.
(c) Failure to attend required training.
(2) Excused
absence for medical/health reasons shall not count as an attendance
failure.