A.
Words used in the present tense shall include the
future, and words used in the singular number shall include the plural
number, and the plural the singular.
B.
The word "shall" is mandatory; the word "may" is permissive.
C.
The word "lot" shall include the words "plot," "piece"
and "parcel"; the word "building" includes all other structures of
every kind regardless of similarity to buildings; and the phrase "used
for" shall include the phrases "arranged for," "designed for," "intended
for," "maintained for" and "occupied for."
D.
The word "person" includes a corporation as well as
an individual.
As used in this chapter, the following terms
shall have the meanings indicated:
The term applied to a use or building customarily incidental
and subordinate to the principal use or building and located on the
same lot with such principal use or building.[1]
As applied to a building or structure, means 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.
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings,
exclusive of uncovered porches, terraces and steps.
The total area within the property lines.
The use of any area or portion of any lot or plot, whether
inside or outside a building, for the temporary storage of automobiles
awaiting dismantling or the dismantled parts of automobiles or for
the dismantling, cutting, demolition or burning of automobiles.
The repair, rebuilding or reconditioning of motor vehicles
or parts thereof, including collision service, painting and steam
cleaning of vehicles.
A story partly below ground but having at least 1/2 of its
height above the average grade of the adjoining ground.
A private dwelling in which at least four but not more than
six sleeping rooms are offered for rent and board may be furnished
to roomers and in which no transients are accommodated. A boarding
or rooming house shall not include a nursing home, convalescent home,
hospice or other building which is primarily intended to provide accommodation
for persons suffering from or recovering from or recuperating from
any illness or disease or whose occupants regularly receive any medical
or nursing care or treatment.
[Amended 11-28-1990 by L.L. No. 2-1990]
Any roofed structure intended for the shelter, housing or
enclosure of persons, animals or property. When a building is divided
into separate parts extending from the ground up, each part so divided
is deemed separate building.
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 for flat roofs, to the deckline of mansard
roofs and to the mean height between eaves and ridge for gable, hip
and gambrel roofs.
The building front line shall mean the line of that face
of the building nearest the front line of the lot. This face includes
sun parlors and covered porches, whether enclosed or unenclosed, but
does not include steps. Side and rear building lines shall be determined
in a comparative manner.
A building in which is conducted the main or principal use
of the lot on which said building is situated.
Any one or more of the following, other than a hospital,
place of detention or school offering general instruction:
Type 1. Any area of land or water on which are
located two or more cabins, tents, trailers, shelters, houseboats
or other accommodations of a design or character suitable for seasonal
or other more or less temporary living purposes, regardless of whether
such structures or other accommodations actually are occupied seasonally
or otherwise; or
Type 2. Any land, including any building thereon,
used for any assembly of persons for what is commonly known as "day
camp" purposes and any of the foregoing establishments whether or
not conducted for profit and whether or not occupied by adults or
by children, either as individuals, families or groups.
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.
A building or portion thereof or premises owned and/or operated
by a corporation, association, person or persons for a social, educational
or recreational activity but not primarily for profit or to render
a service which is customarily carried on as a business.
That percentage of the plot or lot area covered by the building
area.
A lot or land or part thereof used primarily for the disposal
by abandonment, dumping, burial, burning or any other means and for
whatever purpose of garbage, sewage, trash, refuse, junk, discarded
machinery, vehicles or parts thereof or waste material of any kind.
One cubic yard or more of refuse not removed for four weeks during
the period from April 1 to November 1 may be decreed to be a refuse
dump.
A building designed or used as the living quarters for one
or more families. The term "dwelling," "one-family dwelling," "multiple
dwelling," "two-family dwelling" or "dwelling group" shall not be
deemed to include automobile court, rooming house or tourist home.
A building or portion thereof containing three or more dwelling
units.
A detached building containing one dwelling unit only.
A detached building containing two dwelling units.
A room or group of rooms providing complete housekeeping
facilities for one family and occupied by a single family unit, plus
not more than three lodgers.
One or more persons who live together as a single housekeeping
unit and maintain a common household, as distinguished from a group
occupying a boardinghouse, lodging house, club, fraternity or hotel.
It may consist of a single person or of two or more persons, whether
or not related by blood, marriage or adoption. It may also include
domestic servants and gratuitous guests.
A hedge, structure or partition erected for the purpose of
enclosing a piece of land or to divide a piece of land into distinct
portions or to separate two contiguous estates.
Any area of land, including structures thereon, that is used
or designed to be used for the supply of gasoline or oil or other
fuel for the propulsion of motor vehicles and which may include facilities
used or designed to be used for polishing, greasing, washing, spraying,
dry cleaning or otherwise cleaning or servicing such motor vehicles.
An enclosed space for the storage of one or more motor vehicles,
provided that no business, occupation or service is conducted for
profit therein nor is space therein for more than one car leased to
a nonresident of the premises.
Any garage other than a private garage, available to the
public, operated for gain, and which is used for storage, repair,
rental, greasing, washing, servicing, adjusting or equipping of automobiles
or other motor vehicles.
The mark at which the regular action of water against the
bank leaves a distinct mark.
[Added 1-17-2007 by L.L. No. 1-2007]
An accessory use of a service character customarily conducted within a dwelling by the residents thereof which is clearly secondary to the use of the dwelling for living purposes and does not change the character thereof or have any exterior evidence of such secondary use other than a small nameplate as provided in Article V and in connection therewith there is not involved the keeping of a stock-in-trade. The office of a physician, surgeon, dentist, lawyer or other professional person, including an instructor in violin, piano or other individual musical instrument limited to a single pupil at a time, who offers skilled services to clients and is not professionally engaged in the purchase or sale of economic goods shall be deemed to be a home occupation, and the occupation of dressmaker, milliner or seamstress or of a real estate or insurance agent, each with not more than one paid assistant, shall be deemed to be a home occupations. Dancing instruction, band instrument instruction in groups, tea rooms, tourist homes, beauty parlors, convalescent homes, mortuary establishments and stores, trades or businesses of any kind not herein excepted shall not be deemed to be home occupations.
An establishment containing lodging accommodations designed
for use by transients, or travelers or temporary guests, with no provision
in said accommodations for cooking in any individual room or suite.
A lot, land or structure, or part thereof, used for the collecting,
storage and sale of wastepaper, rags, scrap metal or discarded material
or for the collecting, dismantling, storage and salvaging of machinery
or vehicles not in running condition and for the sale of parts thereof.
Any lot or premises or portion thereof on which more than
four dogs, cats and other household domestic animals over four months
of age are kept or on which more than two such animals are boarded
for compensation or just kept for sale.
Any construction or other activity which changes the use
or appearance of land or a structure or the intensity of use of land
or a structure. "Land use activity" shall explicitly include, but
not be limited to, the following: new structures, expansions to existing
structures, new uses, changes in or expansions of existing uses, roads,
driveways, and excavations for the purpose of extracting soil or mineral
deposits.
[Added 1-17-2007 by L.L. No. 1-2007]
Refers to the Village of Waterford's Local Waterfront Revitalization
Program prepared Ffor the New York Slate Department of State Division
of Coastal Resources.
[Added 1-17-2007 by L.L. No. 1-2007]
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.
See "area, lot."
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 points of intersection of the side lot lines intersect at an
interior angle of less than 135°.
The mean horizontal distance between the front and rear lot
lines, measured in the general direction of its side lot lines.
Any line dividing one lot from another.
The mean width measured at right angles to its depth.
A vehicle used for living or sleeping purposes and standing
on wheels or on rigid supports.
A tract of land:
A characteristic of land that was not directly created or
built by humans and serves to protect other lands, man-made structures,
or persons from floods, wind, earthquakes, extreme heat or cold, excessive
precipitation, erosion or landslides, or any other phenomenon in nature
that could result in significant loss of life or property.
[Added 1-17-2007 by L.L. No. 1-2007]
A building or structure lawfully occupying a portion of a
lot but which does not conform to the area, bulk, space, side yard
or setback requirements of this chapter or which occupies a lot smaller
than that permitted by this chapter.
A building, structure or land lawfully occupied by a use
that does not conform to the regulations of the district in which
it is situated.
A school designed to provide daytime care or instruction
for two or more children from two to five years of age, inclusive,
and operated on a regular basis.
Any dwelling used for the accommodation and care of persons
with, or recuperating from, illness or incapacity, where nursing services
are furnished.
An unoccupied space open to the sky on the same lot with
the building.
An off-street space available for the parking of one motor
vehicle and having an area of not less than 170 square feet, exclusive
of passageways and driveways thereto.
Properties that are considered held by the Village of Waterford
or the State of New York due to the fact that they are not deeded
to individuals. This may include land under water that is not specifically
deeded to a property owner.
[Added 1-17-2007 by L.L. No. 1-2007]
Any structure or part thereof, or any device attached to
a structure or painted or represented on a structure, which shall
display or include any letter, word, model, banner, flag, pennant,
insignia, device or representation used as, or which is in the nature
of, an announcement, direction or advertisement. "Sign" includes any
billboard but does not include the flag, pennant or insignia of any
nation or group of nations or of any state, city or other political
unit or of any political, educational, charitable, philanthropic,
civic, professional, religious or like campaign, drive, movement or
event. However, "sign," as defined herein, shall not include a similar
structure or device located within a building.
BUSINESS SIGNA sign which directs attention to a business or profession conducted or to products sold upon the same lot. A "For Sale" or "To Let" sign relating to the lot on which it is displayed shall be deemed a business sign.
ADVERTISING SIGNA sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the same lot.
ILLUMINATED SIGNAny sign designed to give forth any artificial light or designed to reflect such light deriving from any source which is intended to cause such light or reflection.
FLASHING SIGNAn illuminated sign on which the artificial light is not maintained stationary and constant in intensity and color at all times when in use.
That portion of a building included 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.
A story under a gable, hip or gambrel roof, the wall plates
of which on at least two opposite exterior walls are not more than
two feet above the floor of such story.
A public or private way which affords the principal means
of access to abutting properties.
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground.
An open lot or part thereof, with its appurtenant facilities,
devoted primarily to the showing of moving pictures or theatrical
productions, on a paid admission basis, to patrons seated in automobiles
or on outdoor seats.
A building shall be deemed unfinished if it does not have
a permanent roof, completely enclosed outside walls, with the finished
materials installed, all glazing in place, permanent heating system
with masonry chimney ready for operation, permanent electric service
and sewage installed.
The specific purpose for which land or a building is designed,
arranged or intended or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
An activity which requires a location in, on, over, or adjacent
to the water because the activities require direct access to water
and the use of water is an integral part of the activity. Examples
of water-dependent uses include public and private marinas, yacht
clubs, boat yards, commercial and recreational fishing facilities,
waterborne commerce, ferries, marine educational or laboratory facilities,
and water-related public and quasi-public utilities.
[Added 1-17-2007 by L.L. No. 1-2007]
Uses that have no critical dependence on obtaining a waterfront
location, but the profitability of the use and/or the enjoyment level
of the users is increased significantly when it is adjacent or has
visual access to the waterfront.
[Added 1-17-2007 by L.L. No. 1-2007]
Includes both tidal wetlands, as defined in Article 25 of
New York State's Environmental Conservation Law, and freshwater wetlands,
as defined in Article 24 of' New York State's Environmental Conservation
Law.
[Added 1-17-2007 by L.L. No. 1-2007]
An open unoccupied space on the same lot with a main building.
The depth (or width) of the yard shall be measured as the least distance
between the nearest covered portion of the building and the property
line.
The Zoning Ordinance of the Village of Waterford, Saratoga
County, New York.
[1]
Editor's Note: The definition of "agriculture,"
which immediately followed this definition, was deleted 2-13-2002
by L.L. No. 1-2002.
