[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:
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.
See "building, accessory."
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]
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]
Detached accessory buildings or other structures in excess
of 120 square feet in area.
[Added 5-1-1979 by Res. No. 112]
Detached accessory buildings or other structures 120 square
feet or less in area.
[Added 5-1-1979 by Res. No. 112]
See "building, alteration of."
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]
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]
A portion of a building providing complete housekeeping facilities
for one family.
When referring to the required area per dwelling unit, net
land area, the area exclusive of street and other public open space.
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.
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.
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]
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.
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]
See "sign."
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]
Any structure above or below the ground other than a boundary
wall or fence. See "structure."
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.
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.
See "height of building."
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]
A building in which is conducted the principal use of the
lot on which said building is located.
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]
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."
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]
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]
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.
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.
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]
See "lot, corner."
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]
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]
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]
The number of dwelling units per gross acre; also expressed
as the amount of land per dwelling unit.[4]
Land situated on a lot used or intended to be used to provide
access to it by vehicular traffic.
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."
The number of dwelling units per gross acre.
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.
A detached building designed for or occupied exclusively
by one family. See "dwelling."
[Amended 9-21-1976 by Res. No. 214]
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]
Any electronically actuated device or inhaler meant to simulate
cigarette smoking that uses a heating element to vaporize a liquid
solution and that causes the user to exhale any smoke, vapor, or substance
other than that produced by unenhanced human exhalation.
[Added 9-22-2020 by L.L.
No. 8-2020]
Any person who is lawfully engaged in the retail sale of
e-cigarette products, or any employee of such a person.
[Added 9-22-2020 by L.L.
No. 8-2020]
A parking space that is served by battery charging station
equipment that has as its primary purpose the transfer for 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 Level 1 or Level 2 charging equipment is permitted
outright as an accessory use to any principal use.
[Added 9-22-2020 by L.L.
No. 8-2020]
Structures, machinery, and equipment necessary and integral
to support an electric vehicle, including battery charging stations,
rapid charging stations, and battery exchange stations.
[Added 9-22-2020 by L.L.
No. 8-2020]
A parking space with the necessary electric vehicle infrastructure
without the electric vehicle battery charging station.
[Added 9-22-2020 by L.L.
No. 8-2020]
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]
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]
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]
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]
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.
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]
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]
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]
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.
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.
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.
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.
The average ground level adjoining a building.
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]
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]
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.
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]
See "mobile home."
An occupation or profession which is clearly incidental and
secondary to the use of the dwelling unit for residential purposes.
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.
An establishment for the temporary occupation by sick or
injured animals for the purpose of medical diagnosis and treatment.
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]
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]
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]
See "automobile storage, wrecking and/or junkyard."
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.
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]
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]
See "area, land."
A business premises equipped with individual clothes-washing
and drying and cleaning machines for the exclusive use of retail customers.
See "manufacturing, light."
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]
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]
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.
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.
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]
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]
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]
Marijuana and its products, unless otherwise indicated. These
include products have been manufactured and contain cannabis or marijuana
or an extract from cannabis or marijuana, including concentrated forms
of marijuana and products composed of marijuana and other ingredients
that are intended for use or consumption, including edible products,
beverages, topical products, ointments, oils and tinctures.
[Added 9-22-2020 by L.L.
No. 8-2020]
Any person who is lawfully engaged in the retail sale of
marijuana products, or any employee of such a person.
[Added 9-22-2020 by L.L.
No. 8-2020]
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]
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.
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]
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.
See "dwelling, multiple-family."
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]
See "use, nonconforming."
An electronic, wireless, underground or in-ground fencing
system that is not visible above ground.
[Added 9-22-2020 by L.L.
No. 8-2020]
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.
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.
That quality of the air, caused by added substances, which
affects the olfactory sense of human beings.
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]
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]
A professional office for the practice of medicine, dentistry
or chiropractic.
[Added 4-2-1991 by Res. No. 91-101]
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]
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]
The title holder of record of real property or, if he is
deceased, then his estate.
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]
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]
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]
An individual human being, partner, firm or corporation.
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]
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]
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]
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.
A roofed structure projecting from the outside wall of a
building.
[Added 12-7-1982 by Res. No. 308]
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]
Land, buildings and structures thereon forming a single lot.
See "building, principal."
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]
See "club, private."
See "garage, private."[6]
See "garage, public."[7]
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]
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]
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.
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]
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.
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]
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.
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]
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]
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]
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]
See "dwelling, single-family."
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]
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]
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]
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]
That quality of air induced by mechanical vibrations which
affects the auditory senses of human beings.
A principal use which is allowed on a lot only by the granting
of a special permit by the Town Board.
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]
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]
That part of a building comprised between a floor and the
floor or ceiling next above it.
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.
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.
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]
See "building, alteration of."
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]
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]
A structure on which transmitting and/or receiving antenna(s)
are located.
[Added 12-16-1997 by L.L. No. 16-1997]
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]
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]
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]
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]
A dwelling in which overnight accommodations are provided
or offered for transient guests for compensation.
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.
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]]
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.
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use
or building.
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.
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]
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]
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]
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]
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]
A space unoccupied by structures on the same lot with a building
or structure.
A yard situated between the main building and the front line
of the lot and extending the full width of the lot.
A yard situated between the main building and the rear line
of the lot and extending the full width of the lot.
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]
The Building Inspector of the Town of Niskayuna.
[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.
