Questions about eCode360? Municipal users Join us daily between 12pm and 1pm EDT to get answers and other tips!
Town of Niskayuna, NY
Schenectady County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Amended 3-20-1973 by Res. No. 116; 9-19-1974 by Res. No. 276]
As used in this chapter, the following terms shall have the meanings indicated:
ABANDON
To voluntarily cease the use and maintenance of land, a building or a structure which has been a nonconforming use, or to change from one nonconforming use to another or to a conforming use.
ACCESSORY BUILDING
See "building, accessory."
ACCESSORY HOME-CARE UNIT
A temporary, self-contained dwelling unit designed to be installed within or as an addition to an existing single-family dwelling unit and intended specifically to enable elderly or disabled people to live independently while being close to relatives or functionally equivalent care givers.
[Added 12-14-1993 by L.L. No. 8-1993]
ACCESSORY STRUCTURE
A structure or part of a structure, the use of which is incidental to the principal use of the principal building which is located on the same lot. For the purposes of this chapter, fences are classified as "accessory structures" and have additional regulations.[1]
[Added 4-4-1984 by Res. No. 102]
ACCESSORY STRUCTURES, MAJOR
Detached accessory buildings or other structures in excess of 120 square feet in area.
[Added 5-1-1979 by Res. No. 112]
ACCESSORY STRUCTURES, MINOR
Detached accessory buildings or other structures 120 square feet or less in area.
[Added 5-1-1979 by Res. No. 112]
ALTERATION OF BUILDING
See "building, alteration of."
ANIMATED SIGN
A sign with action, motion, sound, or changing colors. This includes signs that blink, flash or fluctuate lights or other illuminating devices which have a changing light intensity, brightness or color.
[Added 9-27-2011 by L.L. No. 6-2011]
ANTENNA
A system of electrical conductors that transmit or receive radio frequency waves. Such waves shall include but not be limited to radio navigation, radio, television and microwave communications. The frequency of these waves generally ranges from 10 hertz (Hz) to 300,000 megahertz (MHz).
[Added 12-16-1997 by L.L. No. 16-1997]
APARTMENT
A portion of a building providing complete housekeeping facilities for one family.
AREA, LAND
When referring to the required area per dwelling unit, net land area, the area exclusive of street and other public open space.
ARTERIAL, MAJOR
A street or roadway providing for through traffic movement between regional areas and across the Town and providing for direct access to abutting property but subject to the necessary control of entrances, exits and curb use.
ARTERIAL, MINOR
A street or roadway providing for traffic movement in interurban patterns, subject to control by traffic signals and signs and providing direct access to abutting property.
ATTIC
Space between top and uppermost floor construction and underside of roof. An "attic" with a finished floor shall be counted as 1/2 story in determining the permissible number of stories.[2]
AUTOMOBILE STORAGE, WRECKING AND/OR JUNKYARD
The storing, dismantling, wrecking or burning of used automobiles or the storage, sale or dumping of dismantled, partially dismantled or wrecked vehicles or their parts.
BASEMENT
That enclosed space of a building that is partly below grade but which has half or more than half of its height, measured from floor to ceiling, above the average finished grade of the ground adjoining the building.
[Amended 10-27-1992 by L.L. No. 8-1992]
BILLBOARD
See "sign."
BUFFER ZONE
An area generally bordering the zoning district boundary between a residential and nonresidential district or use designated by the Town as a buffer area reserved for plantings, fencing or other similar screening devices for the purpose of creating a transition area between such abutting districts or uses.
[Added 6-1-2004 by L.L. No. 15-2004]
BUILDING
Any structure above or below the ground other than a boundary wall or fence. See "structure."
BUILDING, ACCESSORY
A supplemental building or portion of the main building, the use of which is incidental to that of a main or principal building and located on the same lot therewith.
BUILDING, ALTERATION OF
Any change or rearrangement in the structural parts or existing facilities of such building or structure or any enlargement thereof, whether by extension of any side or by any increase in height, or the moving of such building or structure from one location or position to another.
BUILDING, HEIGHT OF
See "height of building."
BUILDING, NONCONFORMING
Any building or structure which is nonconforming with respect to this chapter due to its size or setbacks on the lot or due to insufficient lot area, width or depth as determined for the building's use in Schedule I.[3]
[Added 10-27-1992 by L.L. No. 8-1992]
BUILDING, PRINCIPAL
A building in which is conducted the principal use of the lot on which said building is located.
CAMPER
A vehicular portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses and, when factory equipped for the road, having a body width not exceeding eight feet and being of any length, provided that its gross weight does not exceed 4,500 pounds or being any weight, provided that its body length does not exceed 29 feet.
[Added 9-2-1997 by L.L. No. 11-1997]
CARE HOMES
A building or portion thereof wherein the owner or proprietor is compensated for furnishing lodging and varying amounts of custodial care to three or more persons by reason of their being elderly, handicapped, bedfast, chronically ill, impaired, convalescing and/or needing such care, but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of disease or injury and/or providing surgical and obstetrical services and asylums for the insane. The term includes boardinghouses and rooming houses for aged people, nursing homes, homes for adults (rest homes), homes for the aged and handicapped, convalescent homes for children, homes for the elderly, homes for prenatal care and specifically including those facilities regulated by the New York State Department of Health "nursing homes."
CAR WASH
An area of land and/or a structure with machine- or hand-operated facilities used principally for cleaning, washing, polishing or waxing of motor vehicles and for which service a separate fee is charged.
[Added 10-27-1992 by L.L. No. 8-1992]
CELLAR
That enclosed space of a building that is partly or entirely below grade, which has more than half of its height, measured from floor to ceiling, below the average finished grade of the ground adjoining the building.
[Added 10-27-1992 by L.L. No. 8-1992]
CLUB, PRIVATE
Any organization catering exclusively to members and their guests or premises and buildings for recreational or athletic purposes, which are not conducted primarily for gain, provided that they do not contain any vending stands, merchandising or commercial activities, except as required for the membership and purposes of such club.
CONCENTRATION
The measure of the quantity of a specified substance or things which are present in a specified volume or area under standard conditions of environment.
CONDOMINIUM
A building or group of buildings in which units are owned individually and the structure, common areas and facilities are owned by all the owners on a proportional undivided basis and the sole owner or all the owners of which have submitted the subject property to the provisions of the Condominium Act (New York State Real Property Law Article 9-B).
[Added 6-1-2004 by L.L. No. 14-2004]
CORNER LOT
See "lot, corner."
DAY-CARE CENTER, CHILD
A facility whose program provides care for three or more children away from their home for more than three hours but less than 24 hours a day, which is licensed by and operated in accordance with 18 NYCRR Part 418 of the New York State Department of Social Services.
[Added 12-19-1989 by Res. No. 89-322]
DAY-CARE FACILITY, ADULT
A facility designed to provide daytime care for adults who are physically handicapped or cognitively impaired. An "adult day-care facility" provides primarily social care with professional assistance to the client but does not provide for continuous nursing and/or medical care.
[Added 12-19-1989 by Res. No. 89-322]
DECK
A horizontal platform without permanent covering. If a "deck" is attached to or is a part of the principal building, it must meet the yard requirements applying to the principal building in a particular zoning district. If a "deck" is not a part of the principal building, nor attached to it, it is then classified as a major or minor accessory structure and takes on the required yard requirements depending upon its size.
[Added 11-23-1982 by Res. No. 295]
DENSITY
The number of dwelling units per gross acre; also expressed as the amount of land per dwelling unit.[4]
DRIVEWAY
Land situated on a lot used or intended to be used to provide access to it by vehicular traffic.
DWELLING
A building designed or used exclusively as the living quarters for one or more families. This shall not be deemed to include mobile home, motel, hotel or tourist home. See "single-family dwelling," "multifamily dwelling" and "dwelling unit."
DWELLING DENSITY
The number of dwelling units per gross acre.
DWELLING, MULTIPLE-FAMILY
A detached building containing separate living units for two or more families which may have joint services or facilities or both. Such dwellings may include, among others, garden apartments, cooperatives or condominiums.
DWELLING, SINGLE-FAMILY
A detached building designed for or occupied exclusively by one family. See "dwelling."
[Amended 9-21-1976 by Res. No. 214]
DWELLING UNIT
A building or portion thereof providing complete housekeeping facilities for one family. For the purposes of this chapter, a single-family dwelling shall consist of one "dwelling unit."
[Amended 1-31-1984 by Res. No. 42]
ELECTRONIC CIGARETTE
Any electronic device composed of a mouthpiece, heating element, battery and electronic circuits that provides a vapor of liquid nicotine and/or other substances mixed with propylene glycol to the user as he or she simulates smoking. This term shall include such devices whether they are manufactured as e-cigarettes, e-cigars, e-pipes or under any other product name.
[Added 1-3-2017 by L.L. No. 1-2017]
ELECTRONIC MESSAGE BOARD
A sign with a fixed or changing message composed of a series of lights that may be changed through electronic means. The frequency of change on an electronic message board shall be no more than once every 10 seconds.
[Added 9-27-2011 by L.L. No. 6-2011]
FAMILY
One or more persons living together as a single, permanent and not transitory, not-for-profit housekeeping unit, sharing common kitchen facilities and who share access to all parts of a dwelling unit. For the purposes of this chapter, a "family" shall not consist of a club, fraternity, sorority or a group occupying a boarding or lodging house.
[Amended 10-27-1992 by L.L. No. 8-1992]
FAR (denotes "floor area ratio")
The ratio of the gross floor area of a building to the total area of the lot on which it is located.
[Added 4-2-1991 by Res. No. 91-101]
FARM
Any lot containing at least one acre which is used for gain in the production or raising of agricultural products, livestock, poultry and dairy products. It includes necessary farm structures within the prescribed limits and the storage of equipment used. It excludes the raising of swine and fur-bearing animals and operation of riding academies, livery or boarding stables and dog kennels.
FENCE
Any structure, including walls or screens, erected for the purpose of enclosing land, dividing land, to direct or prohibit passage across land, to protect against a potential hazard or for decorative purposes.
[Added 4-4-1984 by Res. No. 102]
FLOOR AREA, GROSS
The sum of horizontal areas of the floors of a building, excluding unenclosed or unheated porches, unenclosed decks, unfinished basement areas or garages, measured from the exterior face of the exterior walls.
[Added 4-2-1991 by Res. No. 91-101; amended 10-3-2000 by L.L. No. 6-2000]
FRONT OR FRONTAGE
The length of any lot line or building which abuts an existing or proposed street right-of-way; corner lots and through lots have two "fronts" or "frontages."
[Added 5-16-1995 by L.L. No. 7-1995]
GARAGE, PRIVATE
A garage not conducted as a business or used for the storage space for more than one commercial vehicle which shall be owned by a person residing on the premises.
GARAGE, PUBLIC
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.
GASOLINE SERVICE STATION
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 repair of motor vehicles, but shall not include painting, body work, storage, rental or sales of vehicles of any type.
GENERAL AUTOMOTIVE REPAIR
A building or portion of a building arranged, intended or designed to be used for making repairs to motor vehicles and may include painting, body and fender work or the dismantling or replacing of engines. Such use shall not include the sale of gasoline or other fuel products.
GRADE
The average ground level adjoining a building.
GRADE, FINISHED
The natural surface of the ground, or surface of the ground after completion of any change in contour.
[Added 10-27-1992 by L.L. No. 8-1992]
GREEN SPACE
That portion of land shown on a site plan whose purpose is intended for open space preservation, recreation (active or passive), landscaping or parkland. Unless otherwise required by the Planning or Town Boards, said lands shall be undisturbed and seeded and planted with appropriate materials or left in their natural state. They shall not contain buildings or structures other than fences or signs and shall not be used for the display or storage of any merchandise or material or used for the parking of vehicles.
[Added 6-1-2004 by L.L. No. 15-2004]
HEALTH CLUB
An indoor facility designed to provide for human physical exercise through the use of swimming pools, sauna baths, steam rooms, exercise rooms and other similar equipment.
HEIGHT OF BUILDING
The vertical distance measured in feet from the average elevation of the proposed finished grade adjoining the building to the highest point of the roof for flat eaves and to the ridge for gable, hip and gambrel roof. The finished grade of artificial berms or similar earthen structures created for insulation or other purposes adjacent to the building shall be disregarded in the determination of average finished grade as it is applied to the calculation of building height.
[Amended 10-27-1992 by L.L. No. 8-1992]
HOME, MOBILE
See "mobile home."
HOME OCCUPATION
An occupation or profession which is clearly incidental and secondary to the use of the dwelling unit for residential purposes.
HOSPITAL
An establishment for temporary occupation by the sick or injured for the purpose of medical diagnosis, treatment, convalescent care or the care of ailments, which shall include sanatorium, maternity hospital and clinic and be limited to the treatment and care of humans. For the purpose of this chapter, "care homes" and "nursing homes" are not included in this definition but are separately defined in the chapter.
HOSPITAL, ANIMAL or VETERINARY CLINIC
An establishment for the temporary occupation by sick or injured animals for the purpose of medical diagnosis and treatment.
HOUSE COACH
Any vehicle motivated by a power connected therein or propelled by a power within itself, which is or can be used as a home or living abode or habitation of one or more persons, either temporarily or permanently.
[Added 3-20-1984 by Res. No. 89]
INNS or HOTELS
All commercial establishments which provide transient overnight accommodations for persons away from their place of residence and which are occupied or maintained for occupancy by 10 or more people. Such inn or hotel may also provide additional services such as restaurants, meeting rooms and recreation facilities. No inn or hotel room designed to accommodate any person or persons overnight shall contain a kitchen; however, a kitchenette may be contained within an inn or hotel room designed to accommodate any person or persons overnight, provided that not more than 10% of the rooms contained in the inn or hotel contain kitchenettes. No inn or hotel room shall have an individual exterior entrance.
[Added 8-17-1999 by L.L. No. 12-1999]
JUNK
Articles of no value except for the reclaimable material in them, worn out or discarded material that still may be turned to some use, especially old metals, ropes, rags, glass, paper or clothing.
[Added 3-20-1984 by Res. No. 89]
JUNKYARD
See "automobile storage, wrecking and/or junkyard."
KENNEL
Any establishment or building, including cages, animal runs, exercise areas and structures wherein more than three dogs or cats which are over six months old are harbored for commercial purposes.
KITCHENETTE
Space, less than 30 square feet in floor area, intended for use on a permanent basis for cooking or preparing food, and including typical kitchen appliances and facilities, such as ovens, microwave ovens, toasters or toaster ovens.
[Added 8-17-1999 by L.L. No. 12-1999]
LABORATORY, RESEARCH, EXPERIMENTAL AND TESTING
A building or group of buildings in which are located facilities for scientific research, investigation testing or experimentation, but not facilities for the manufacture or sale of products except as incidental to the main purpose of the laboratory.
[Added 10-27-1992 by L.L. No. 8-1992]
LAND AREA
See "area, land."
LAUNDRY, DRY CLEANER, COIN-OPERATED
A business premises equipped with individual clothes-washing and drying and cleaning machines for the exclusive use of retail customers.
LIGHT MANUFACTURING
See "manufacturing, light."
LOGO
The symbol or trademark of a company or other entity, profit or not-for-profit, legally or by common law acquired, owned or used by any such company or entity.
[Added 5-16-1995 by L.L. No. 7-1995]
LOT
A portion or parcel of land considered as a unit devoted to a certain use. A "lot" is occupied or is to be occupied by one principal use in one principal building, together with any accessory buildings or uses permitted by this chapter. Only one principal use and one principal building are permitted on any "lot." A "lot" may or may not be the land shown as a "lot" on a duly recorded plat.
[Amended 9-8-1987 by Res. No. 276]
LOT, CORNER
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 lot line. The other interior lot line shall be deemed to be the side line, and the rear and side yard requirements shall be calculated accordingly.
LOT OF RECORD
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 Niskayuna.
MANUFACTURING
The mechanical or chemical transformation of materials or substances into products, including the assembling of component parts, the manufacturing of products and the blending of materials.
[Amended 6-1-2004 by L.L. No. 15-2004]
MANUFACTURING, HEAVY
A use engaged in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials, or a use engaged in storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions. By way of example and not limitation, see those uses listed in § 220-10M(4).
[Amended 6-1-2004 by L.L. No. 15-2004]
MANUFACTURING, LIGHT
A use engaged in the manufacturing, predominantly from previously prepared materials, of finished products or parts. This use includes processing, fabrication, assembly, treatment, packaging, and incidental storage, sales and distribution of such products, provided that such activity does not violate the district regulations and performance standards as set forth herein.
[Amended 6-1-2004 by L.L. No. 15-2004]
MOBILE HOME
A structure to be used as a single-family dwelling that is transportable in one or more sections which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning and electrical systems contained therein.
[Amended 9-8-1987 by Res. No. 276]
MOBILE HOME PARK
A tract of land which is used or intended to be used for the location of two or more mobile homes to be used for residential purposes.
MODULAR HOME
A structure to be used as a single-family dwelling that is designed primarily for residential occupancy, constructed by a method or system of construction whereby the structure or its components are wholly or in substantial part manufactured in manufacturing facilities, intended or designed for permanent installation or assembly and permanent installation on a building site.
[Added 9-8-1987 by Res. No. 276]
MOTEL
A building or group of buildings containing individual living and sleeping accommodations for hire, each with individual exterior entrances, primarily for use of transient automobile travelers. The term "motel" also includes every type of similar establishment designated as an autel, auto court, tourist court, tourist cabins, motor hotel and motor lodge.
MULTIFAMILY DWELLING
See "dwelling, multiple-family."
NEIGHBORHOOD MIXED USE BUILDING
A building that has both commercial and residential uses.
[Added 8-19-2003 by L.L. No. 8-2003; amended 1-3-2017 by L.L. No. 1-2017]
NONCONFORMING USE
See "use, nonconforming."
NURSERY SCHOOL
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.
NURSING HOME
A facility operated for the purpose of providing lodging, board and continuous nursing care under medical supervision to the sick, invalid, infirm, disabled or convalescent person, specifically including those facilities regulated by the New York State Department of Health as extended care facilities.
ODOR
That quality of the air, caused by added substances, which affects the olfactory sense of human beings.
OFFICE
A building or portion of a building wherein services are performed involving predominantly administrative, professional or clerical operations.
[Added 4-2-1991 by Res. No. 91-101]
OFFICE, GENERAL BUSINESS
A building or portion of a building wherein administrative, executive, training, data processing, publication, financial or sales functions are performed. For purposes of this chapter, a general business office shall not include wholesale distribution, warehousing or other similar storage facilities on the site.
[Added 4-2-1991 by Res. No. 91-101]
OFFICE, MEDICAL
A professional office for the practice of medicine, dentistry or chiropractic.
[Added 4-2-1991 by Res. No. 91-101]
OFFICE, PROFESSIONAL
An office maintained by an individual or firm for the practice of a profession such as physician, dentist, lawyer, engineer, architect, teacher, accountant, realtor, insurance broker and other professional occupations.
[Added 10-27-1992 by L.L. No. 8-1992]
OPEN SPACE
That portion of a lot or site unencumbered by buildings, structures, outdoor storage areas, and certain impervious surfaces, that is intended to provide light and air and is designed for either environmental, scenic or recreation purposes. Open space shall not be deemed to include driveways, parking lots or other surfaces designed or intended for vehicular traffic.
[Added 6-1-2004 by L.L. No. 15-2004; amended 4-17-2007 by L.L. No. 4-2007]
OWNER
The title holder of record of real property or, if he is deceased, then his estate.
PARK
An area set apart for recreation of the public, to promote its health and enjoyment.
[Amended 4-17-2007 by L.L. No. 4-2007]
PARKING
The temporary placement of a vehicle or trailer in an open space until it is about to again be put into service or use. Parking is typically of short duration and can be measured by hours or, at most, a few days.
[Added 3-20-1984 by Res. No. 89]
PARKING SPACE
The area required for parking one automobile which, in this chapter, is held to be a minimum width of nine feet and a minimum length of 20 feet.[5]
PERSON
An individual human being, partner, firm or corporation.
PLANNED DEVELOPMENT DISTRICT, COMMERCIAL
A tract of land planned and designed for commercial use according to the standards of Article VIIA of this chapter.
[Added 7-19-1994 by L.L. No. 7-1994]
PLANNED DEVELOPMENT DISTRICT, INDUSTRIAL
A tract of land planned and designed for industrial use according to the standards of Article VIIA of this chapter.
[Added 7-19-1994 by L.L. No. 7-1994]
PLANNED UNIT DEVELOPMENT
A large-scale residential project developed as a singular, comprehensive and coordinated development according to the standards of Article VII of this chapter.
[Amended 7-19-1994 by L.L. No. 7-1994]
PLAYGROUND
An area set apart for athletic contests and games and for children's outdoor physical recreation, which may include the use of such apparatus as swings and slides.
PORCH
A roofed structure projecting from the outside wall of a building.
[Added 12-7-1982 by Res. No. 308]
PORTABLE STORAGE UNIT
A container designed, constructed, and commonly used for nonpermanent placement on property for the purpose of temporary storage of personal property.
[Added 8-31-2010 by L.L. No. 5-2010]
PREMISES
Land, buildings and structures thereon forming a single lot.
PRINCIPAL BUILDING
See "building, principal."
PRINCIPAL USE
A use which is permitted on a lot by ordinance and for which there are specific use regulations.
[Added 4-4-1984 by Res. No. 102]
PRIVATE CLUB
See "club, private."
PRIVATE GARAGE
See "garage, private."[6]
PUBLIC GARAGE
See "garage, public."[7]
RAMP
A walking surface that coincides with the New York State Building Code that provides accessibility to buildings and facilities by persons with physical disabilities. The ramp will be dismantled upon cessation for the need for the ramp.
[Added 4-15-2003 by L.L. No. 4-2003]
RESTAURANT, FAST-FOOD
A building devoted to the sale and service of food to the general public for immediate consumption either on or off the premises, where customers order their food at a counter as opposed to menued table service and where ordering and pickup of food may take place from a vehicle.
[Added 10-27-1992 by L.L. No. 8-1992; amended 3-25-1997 by L.L. No. 5-1997]
RESTAURANT, SIT-DOWN
A building in which the principal activity is the sale and service of a variety of meals to the general public for consumption on the premises and in which customers are seated principally at tables and are waited on when seated and which usually, but not necessarily, is licensed to serve alcoholic beverages.
[Added 10-27-1992 by L.L. No. 8-1992;[8] amended 3-25-1997 by L.L. No. 5-1997]
RESTAURANT, TAKE-OUT
A building devoted to the sale and service of food to the general public for immediate consumption either on or off the premises, where customers order their food at a counter as opposed to menued table service and where there are no facilities for the ordering and pickup of food from a vehicle.
[Added 10-27-1992 by L.L. No. 8-1992; amended 3-25-1997 by L.L. No. 5-1997]
SATELLITE RECEIVING DISH
A structure commonly parabolic in shape, for the purpose of capturing television signals transmitted via satellite communications facilities and serving the same or similar function as the common television antenna. The requirements of § 220-18 shall not apply to satellite dishes except that they shall not be located in the front yard.
[Added 9-8-1987 by Res. No. 276; amended 10-27-1992 by L.L. No. 8-1992][9]
SCHOOL OF PRIVATE INSTRUCTION
A kindergarten, primary and/or secondary school not operated by a public school district but furnishing a comprehensive curriculum of academic instruction similar to that of a public school.
[Added 6-7-1994 by L.L. No. 5-1994]
SIGN
Any structure or part thereof attached thereto or painted or represented upon or illuminated which shall display or include any letter, word, symbol, picture, model, banner, flag, pennant, insignia, device or representation used as or which is in the nature of an announcement, direction or advertisement. The word "sign" includes the word "billboard" but does not include the flag, pennant or insignia of any government or government agency or of any civic, charitable, religious, patriotic, fraternal or similar organization.
SIGN AREA
The area within the shortest lines that can be drawn around the outside perimeter of a sign, including all decorations and light, but excluding the supports if they are not used for communication purposes. One face of the sign shall be counted in computing the area. Both faces of a freestanding sign may be used for communication purposes. Any neon tubes, string of lights or similar device shall be deemed to have a minimum dimension of one square foot.
[Amended 12-21-1982 by Res. No. 321]
SIGN, GROUND
A freestanding sign whose entire bottom is in contact with or in close proximity (within two feet) to the ground.
[Added 4-2-1991 by Res. No. 91-101]
SIGN, POLE
A freestanding sign supported by one or more poles and otherwise separated from the ground by air by a distance of more than two feet.
[Added 4-2-1991 by Res. No. 91-101]
SIGN, WALL
Any sign attached parallel to but within one foot of a wall, painted on the wall surface of or erected and confined within the limits of an outside wall of any building or structure which is supported by such wall or building and which displays only one sign surface.
[Added 4-2-1991 by Res. No. 91-101]
SINGLE-FAMILY DWELLING
See "dwelling, single-family."
SOLAR COLLECTOR
A device or structure designed to absorb incident solar radiation, to convert the solar radiation to thermal, chemical or electrical energy and to transfer the converted energy to a medium passing through or in contact with it.
[Added 11-23-1982 by Res. No. 295]
SOLAR ENERGY SYSTEM
An arrangement or combination of components and structures designed to provide heating, cooling, hot water or electricity through the process of collecting, converting, storing, protecting against unnecessary dissipation and distributing solar energy. For the purpose of this chapter, detached "solar energy systems" and solar collectors are classified as major accessory structures.
[Added 11-23-1982 by Res. No. 295]
SOLAR ENERGY SYSTEM, ACTIVE
A solar energy system designed to provide heating, cooling, hot water or electricity, that requires external mechanical power for operation.
[Added 11-23-1982 by Res. No. 295]
SOLAR ENERGY SYSTEM, PASSIVE
A solar energy system which relies upon the design and elements of a building to enhance the use of natural forces, including solar radiation, winds and nighttime coolness, to provide heating, cooling or hot water and which is not primarily dependent upon mechanical power for operation.
[Added 11-23-1982 by Res. No. 295]
SOUND
That quality of air induced by mechanical vibrations which affects the auditory senses of human beings.
SPECIAL PRINCIPAL USE
A principal use which is allowed on a lot only by the granting of a special permit by the Town Board.
STORAGE
The placement or laying away for more than 14 days in a calendar year of vehicles, trailers, junk or other articles that are not to be put to immediate use.
[Added 3-20-1984 by Res. No. 89; amended 10-3-2000 by L.L. No. 6-2000]
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
A plan for controlling stormwater runoff and pollutants from a site during and after construction activities.
[Amended 4-17-2007 by L.L. No. 4-2007]
STORY
That part of a building comprised between a floor and the floor or ceiling next above it.
STREET, LOCAL
A street or roadway intended only for local traffic movement and providing direct access to abutting property; a street or roadway which is not conductive to through traffic.
STREET, LOCAL COLLECTOR
A street or roadway providing for the movement of traffic between either local streets and arterials or local streets and concentrations of activity and providing direct access to abutting property.
STRUCTURE
A combination of materials forming a construction and including, among other things, all types of barns; bridges; buildings; decks; electrical substations and distribution apparatus; fences; piers; platforms; radio and television towers; temporary; portable or permanent garages/storage shelters; sheds; signs; stables; storage facilities; swimming pools; towers; trestles; walls; water tanks; and towers. The word "structure" shall be construed as if followed by the words "or part thereof."
[Amended 4-4-1984 by Res. No. 102; 2-28-2006 by L.L. No. 2-2006]
STRUCTURE, ALTERATION OF
See "building, alteration of."
SWIMMING POOL
Any structure intended for swimming or recreational bathing that contains water over 24 inches deep. This includes in-ground, aboveground and on-ground swimming pools, hot tubs, and spas.
[Added 6-1-2004 by L.L. No. 14-2004]
TELECOMMUNICATION FACILITY
Antenna(s) and/or towers and accessory facilities used in connection with the provision of cellular telephone service, personal communications services (PCS), paging services, radio and television broadcast services and similar broadcast services.
[Added 12-16-1997 by L.L. No. 16-1997]
TELECOMMUNICATION TOWER
A structure on which transmitting and/or receiving antenna(s) are located.
[Added 12-16-1997 by L.L. No. 16-1997]
TELECOMMUTING
A work arrangement for performing work electronically, where employees work at a location other than the primary work location, such as a home or a subordinate office.
[Added 9-2-1997 by L.L. No. 11-1997]
TEMPORARY BULK WASTE CONTAINER
A container or receptacle designed to receive, transport or dump trash, waste or other materials associated with residential or commercial remodeling. This definition shall include, but is not limited to, rolloff dumpsters.
[Added 8-31-2010 by L.L. No. 5-2010]
TOBACCO PRODUCT
Any manufactured product containing tobacco or nicotine, including but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, bidis, snus, dissolvable tobacco products, electronic cigarettes and electronic cigarette cartridges, whether packaged or not; any packaging that indicates it might contain any substance containing tobacco or nicotine; or any object utilized for the purpose of smoking or inhaling tobacco or nicotine products. However, "tobacco product" or "tobacco-related product" does not include any product that has been approved by the U.S. Food and Drug Administration, pursuant to its authority over drugs and devices, for sale as a tobacco use cessation product or for other medical purposes and is being marketed and sold solely for that approved purpose.
[Added 1-3-2017 by L.L. No. 1-2017]
TOBACCO RETAILER
Any person who is lawfully engaged in the retail sale of tobacco products, or any employee of such a person.
[Added 1-3-2017 by L.L. No. 1-2017]
TOURIST HOME
A dwelling in which overnight accommodations are provided or offered for transient guests for compensation.
TOWNHOUSE
A single-family dwelling which is one of a series of noncommunicating dwelling units having a common wall between each adjacent unit, each with private outside entrance, having individual yard areas and having open space or ancillary buildings and parking areas which may be shared in common.
TRAILER
A structure standing on wheels, towed or hauled by another vehicle, and used for carrying of animals, materials, goods or objects. For the purposes of this chapter, a trailer is not a mobile home.
[Amended 9-2-1997 by L.L. No. 11-1997[10]]
USE
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.
USE, ACCESSORY
A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.
USE, NONCONFORMING
Any established use of land, building or structure lawfully existing prior to and at the effective date of this chapter or amendment thereto that does not conform to the permitted use provisions of this chapter as they apply to the district in which the land, building or structure is located.
UTILITY
An essential service such as sanitary or storm sewer, water supply, gas, electricity, or telephone services, including the transmission of said service, but excluding administrative functions related to this service and excluding telecommunications facilities which are defined elsewhere in this chapter.
[Amended 12-16-1997 by L.L. No. 16-1997]
VARIANCE, AREA
Authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or topographical requirements of the applicable regulations of this chapter.
[Added 10-27-1992 by L.L. No. 8-1992]
VARIANCE, USE
Authorization by the Zoning Board of Appeals for the use of land in a manner or for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations of this chapter.
[Added 10-27-1992 by L.L. No. 8-1992]
VEHICLE
A conveyance used to transport persons, animals or goods under its own or other power.
[Added 9-2-1997 by L.L. No. 11-1997]
WAREHOUSING
Terminal facilities operated for a specific establishment or group of establishments in a particular industrial or economic field for the storage of commercial or private goods of any nature. Warehousing establishments do not sell or arrange the purchase or sale of goods.
[Added 6-1-2004 by L.L. No. 15-2004]
YARD
A space unoccupied by structures on the same lot with a building or structure.
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 the length of the side of the building most nearly parallel to the side lot line. Any lot line not a rear line or a front line shall be deemed a side line.
[Amended 10-27-1992 by L.L. No. 8-1992]
ZONING ENFORCEMENT OFFICER
The Building Inspector of the Town of Niskayuna.
[1]
Editor's Note: See § 220-25, Fences.
[2]
Editor's Note: The former definition of "automobile laundry," added 10-27-1992 by L.L. No. 8-1992, which immediately followed this definition, was repealed 9-27-2011 by L.L. No. 6-2011.
[3]
Editor's Note: Schedules I-A through I-J are included at the end of this chapter.
[4]
Editor's Note: The definition of "drive-in and/or carry-out food restaurant," which immediately followed this definition, was repealed 10-27-1992 by L.L. No. 8-1992.
[5]
Editor's Note: The definition of "parkways," which immediately followed this definition, was repealed 10-27-1992 by L.L. No. 8-1992.
[6]
Editor's Note: The former definition of "professional office" which immediately followed this definition, was repealed 10-27-1992 by L.L. No. 8-1992.
[7]
Editor's Note: The former definition of "restaurant," which immediately followed this definition, was repealed 10-27-1992 by L.L. No. 8-1992.
[8]
Editor's Note: This local law also repealed the definition of "retail sale of processed food for immediate consumption," which immediately followed this definition.
[9]
Editor's Note: The former definition of "school," which immediately followed this definition, was repealed 6-7-1994 by L.L. No. 5-1994.
[10]
Editor's Note: This local law also repealed the definitions of "trailer, camping or travel," and "trailer park," which immediately followed this definition.