Town of Bolton, NY General Provisions

As used in this chapter, unless the context otherwise requires, the following terms shall have the meanings indicated:

Any use of a structure, lot or portion thereof, that is customarily incidental and subordinate to and does not change the character of a principal land use or development, including the case of residential structure, professional, commercial and artisan activities carried on by the residents of such structures.

ACCESSORY USE STRUCTURE

Any structure or a portion of a main structure customarily incidental and subordinate to a principal land use or development, including a guest cottage or any structure in excess of 100 square feet, not for rent or hire, that is incidental and subordinate to and associated with a single-family dwelling.

[Amended 4-6-2004]

ADIRONDACK PARK AGENCY or AGENCY

The Adirondack Park Agency created by § 803 of Article 27 of the Executive Law of the State of New York.

ADIRONDACK PARK AGENCY ACT

Article 27 of the Executive Law of the State of New York, including any future amendments thereto.

ADIRONDACK PARK or PARK

Land lying within the area described in Subdivision 1 of § 9-0101 of the Environmental Conservation Law of the State of New York, including any future amendments thereto.

AGRICULTURAL SERVICE USE

Any milk processing plant, feed storage supply facility, farm machinery or equipment sales and service facility; storage and processing facility for fruits, vegetables and other agricultural products or similar use directly and customarily related to the supply and service of an agricultural use.

AGRICULTURAL USE

Production, keeping or maintenance, for sale, lease or personal use, of plants and animals useful to man, including but not limited to: forages and sod crops; grains and seed crops; dairy animals and dairy products, poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules, or goats, or any mutations or hybrids thereof, including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; trees and forest products; fruits of all kinds, including grapes, nuts, berries and vegetables.

AGRICULTURAL USE STRUCTURE

Any barn, stable, shed, silo, garage, fruit and vegetable stand or other building or structure directly and customarily associated with agricultural use.

AIRPORT/HELIPORT

A place where aircraft can land and take off.

ALTERATION

Any structural change, arrangement or addition other than repairs not exceeding 50% of the cost of the building; any modification in construction or in building equipment.[1]

AMUSEMENT DEVICE

Any mechanical contrivance used to provide games of chance, skill, or pleasure and where a fee is charged.

AMUSEMENT DEVICE FACILITY

Any place, site, structure or building or part thereof which provides more than three amusement devices in various number or any ride, booth or game of chance.

[Added 6-6-1995; 2-20-1997]

AMUSEMENT PARK

An outdoor facility, which may include structures and buildings, where there are various devices for entertainment, including rides, booths for the conduct of games or sale of items and buildings for shows and entertainment.

AMUSEMENT RIDE

Any mechanical contrivance used to transport an occupant or occupants over a short defined distance or course for thrill or pleasure and where a fee is charged.

ANTENNA

A device used to collect and transmit to a receiver telecommunication signals that have been generated at a distant location.

APARTMENT; DWELLING APARTMENT

A single dwelling unit within a multiple-family or other structure on the same lot. May or may not be metered separately.

[Added 2-20-1997]

APPLICANT

A person, partnership, or corporation that applies for a permit.

AUTOMOBILE REPAIR CENTER

Any building, premises and land in which or upon which a business, service or industry involving the maintenance, servicing, repair or painting of vehicles is conducted or rendered.

AUTOMOBILE SERVICE STATION

Any building, land area or other premises, or portion thereof, used or intended to be used for the retail dispensing or sales of vehicular fuels; and including as an accessory use the sale and installation of lubricants, tires, batteries and similar accessories, or minor repairs.

BARN

A structure which is principal to agricultural uses and which is used for the housing of animals, such as horses, chickens, cows, pigs, or their food and forage, such as hay, grains, straw, and equipment used to implement the agricultural use, such as a tractor, manure spreader, planter, etc., as an accessory use.

BASAL AREA

As applied to tree measurements is the area in square feet of the cross section of a tree at breast height (4 1/2) feet. Basal area per acre is the total area in square feet of the cross section of all trees on an acre.

[Added 2-20-1997]

BOAT

For the purposes of this chapter, this shall not include canoes, rowboats or sailboards.

BOATHOUSE

A structure with direct access to a navigable body of water (1) which is used for the storage of boats and associated equipment and (2) which does not have bathroom or kitchen facilities and is not designed for lodging or residency.

BOAT LAUNCH

A place, site or structure to facilitate the ingress or egress of a watercraft into or onto a body of water.

BOAT MAINTENANCE FACILITY

Any building, land area or other premises, or portion thereof, used or intended to be used for the care, maintenance and/or repair of boats and/or marine products and accessories.

INDOOR BOAT MAINTENANCE FACILITIES

A boat maintenance facility where all activities, including storage of more than three boats shall be undertaken.

BOAT STORAGE FACILITY

A place, site or structure used to store a watercraft for 30 consecutive days or more. (See definition of "commercial boat storage.")

BUILDING

Any roofed structure intended for the shelter, housing or enclosure of persons, animals or property.

[Added 2-20-1997]

BUILDING AREA

The total ground floor area of a principal building and accessory buildings exclusive of uncovered porches, steps and terraces.

[Added 2-20-1997]

BUILDING HEIGHT

The vertical distance measured from the lowest portion of the natural grade of the building site covered by the building or finished grade of cut required to accommodate the building to the highest point of the structure.

BUILDING LINE

The point from which all yard requirements are measured and which is determined by a line formed by the intersection of a horizontal plane of the lowest grade level and a vertical plane that extends from the most projected part of the building open to the sky.

BUILDING PERMIT

Written permission issued by proper municipal authority for the demolition, construction, repair, alteration or addition to a structure.

BUSINESS

See definition of "commercial use."

CABIN COLONY

A development of small single unit or two-family structures designed with kitchens and bathrooms on a single lot. Originally designed as tourist accommodations for seasonal use, these properties may be condominiums or cooperatives, or rented or lived in on a year-round basis.

CAMP

A structure with no piped plumbing or public utility power, designed for occasional occupancy for hunting, fishing or similar purposes. The structure may or may not be fully enclosed.

[Added 2-20-1997; amended 10-3-2000]

CAMPGROUND

Any area designated for transient occupancy by camping in tents, camp trailers, motor homes, transient mobile homes, truck campers, or pickup campers or similar facilities designated for temporary shelter.

CEMETERY

Land used or intended to be used for the burial or deceased human beings and dedicated for cemetery purposes.

[Added 2-23-1999]

CHANGE OF USE

Any use which substantially differs from the previous use requiring alteration to the building or site; for example, different parking spaces, service docks, ingress and egress standards, etc. Change of use will require site plan approval.

CHURCH

A building for public worship, including a synagogue or mosque.

CLASS A REGIONAL PROJECT

A land use or development which is classified and defined as such in Appendix A of this chapter.[2]

CLASS B REGIONAL PROJECT OR TYPE II - SITE PLAN REVIEW PROJECT

A land use or development which is classified and defined in Article V of this chapter as such. A list of Class B Regional projects is included as Appendix B of this chapter.[3]

CLASS A REGIONAL SUBDIVISION

A subdivision which is classified and defined as such in the Town Subdivision Regulations.[4]

CLASS B REGIONAL SUBDIVISION

A subdivision which is classified and defined as such in the Town Subdivision Regulations.[5]

CLEAR-CUTTING

Any cutting of all or substantially all trees over six inches in diameter at 4 1/2 feet above the ground whereby less than 60 square feet of basal area remains, over any ten-year cutting cycle.

CLUB

An organization catering exclusively to members and their guests, or premises and buildings for recreational use or athletic purposes which are not conducted primarily for gain, provided that there are not conducted any commercial activities except as required generally for the membership and purposes of such club.

COLUMBARIUMS

An external structure containing vaults lined with recesses for cinerary urns.

[Added 2-23-1999]

COMMERCIAL BOAT STORAGE

Dry storage of more than three boats on a lot.

COMMERCIAL RECREATION USE

Any use involving the provision of recreation facilities or activities for a fee.

COMMERCIAL SAND AND GRAVEL EXTRACTION

Any excavation of the land of more than 50 cubic yards in any two-year period of sand, gravel or topsoil, (1) for the purpose of sale or use by persons other than the owner of the land, or (2) for the purpose of use by any municipality.

COMMERCIAL USE

Any use involving the sale or rental or distribution of goods, services or commodities, either retail or wholesale.

COMMUNITY FACILITY

A building or structure owned and operated by a governmental agency or not-for-profit organization to provide a public or semipublic service, such as libraries, museums, governmental buildings, firehouses, and churches.

COMPUTER-RELATED FACILITY

A commercial retail service business oriented to providing educational services, repair, communications, word processing or other services using computers where sales is clearly incidental to the services provided and not including assembly or manufacturing.

CONDOMINIUM

A building or group of buildings in which dwelling units are owned individually, and the structure, common areas and facilities are owned by all the owners on a proportional, undivided basis. The purchaser has title to his or her interior space in the building and an undivided interest in parts of the interior, the exterior, and other common elements. The property is identified in a master deed and recorded on a plat with the local jurisdiction.

CONDOMINIUM DEVELOPMENT - DETACHED UNITS

A condominium that involves the use of detached units, single-family or multifamily. The total available land for use of the entire project must equal the sum of the permitted lot sizes of the total number units in the zone(s) within which the project is located.

COOPERATIVE

A multifamily project of one-family dwelling units, offices or commercial shops which may include one or more buildings on the same lot or property. These dwelling units, offices, shops or spaces, common areas and facilities which are owned by an organization, independent corporation, partnership or other enterprise are in turn owned and operated for the benefit of those using or occupying the property.

COTTAGE INDUSTRY

Any use conducted from a residence and carried on by the inhabitants and employees not residing at the residence, and which is not incidental and secondary to the use of the building for dwelling purposes to the extent where the industry changes the character of the dwelling.

COURT, INNER

An open area unobstructed from the ground to the sky which is bounded on more than three sides by the exterior walls of one or more buildings.

COURT, OUTER

An open area unobstructed from the ground to the sky which is bounded on not more than three sides by the exterior walls of one or more buildings.

DAY-CARE CENTER

A site, building, or place designed and/or operated to provide day care and/or instruction for four or more persons and operated on a regular basis for a fee.

DRIVEWAY

Any area privately reserved on any lot, plot, site or parcel of land for the purpose of providing vehicular access from an access road or state, county or Town highway to a private dwelling or other private principal buildings located on said lot, plot, site or parcel of land, to certain portions of said dwellings or other principal buildings to accessory buildings or to private parking spaces, the use of said area being private to residents or owners of said dwellings, to the occupants or owners of such other private principal buildings and to such other persons as may be designated or permitted to use such private area by the owners thereof.

[Added 2-20-1997; amended 8-2-2005]

DWELLING, ATTACHED

A one-family dwelling attached to two or more one-family dwellings by common vertical walls.

DWELLING, DETACHED

A dwelling which is not attached to any other dwelling by any means.

DWELLING, MULTIFAMILY

Any apartment, townhouse, condominium or similar building, including the conversion of an existing single-family dwelling, designed to occupy in separate dwelling units therein by more than one family; any such building containing two or more separate dwelling units used on a time-sharing, leased time or other similar basis whereby more than one person, group of persons or family has legal right of occupancy at different times.

DWELLING, SINGLE-FAMILY

A detached building (not including a mobile home) of one or more stories in height, above main grade level, which is designed or used exclusively as living quarters for one family or household.

DWELLING, TOWNHOUSE

A one-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit located over another unit, and each unit is separated from any other unit by one or more common fire-resistant walls.

DWELLING, TWO-FAMILY

A structure on a single lot containing two dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units. (See definition of "dwelling, multifamily.")

DWELLING UNIT

One or more rooms with provision for living, cooking, sanitary and sleeping facilities arranged for the use of one family or household for year-round or seasonal/temporary use.

ERECT

To build, construct, attach, hang, place, suspend, or affix, including the painting of wall signs.

ESSENTIAL SERVICES

The construction, alteration or maintenance by public utilities or governmental agencies of gas, electrical, steam, sewer system or water transmission or distribution systems.

EXCAVATION

Any extraction from the land of more than 20 cubic yards of sand, gravel, clay, shale, rock, topsoil or other natural mineral deposits.

FAMILY

One or more persons related by blood, marriage or adoption, or one or more persons in a permanent and stable relationship and residing as a traditional family unit sharing living expenses, cooking together as a housekeeping unit, sharing expenses for food, rent, utilities and other household expenses.

[Amended 4-6-2004]

FENCE

An artificial structure designed to or which, in fact, does divide, enclose or screen a parcel of land or portion thereof.

FIRING RANGE

A site or building used for the orderly discharge of firearms, including targets or skeet.

FOOD STORE

A self-service retail operation offering a variety of food goods for sale to the general public.

FORESTRY USE

Any management, including logging of a forest, woodland or plantation and related research and educational activities, including the construction, alteration or maintenance of woodroads, skidways, landings, fences and forest drainage systems.

FOREST USE STRUCTURE

Any barn, shed, garage, research, educational or administrative building or cabin directly and customarily associated with forestry use.

FRATERNAL ORGANIZATION

See definition of "club."

FUNERAL HOME

A building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation.

GAME PRESERVE

A land area used for the protection of wildlife, usually because of its unique natural character, which provides habitat, food or shelter for wildlife.

GARAGE, PRIVATE RESIDENTIAL

A structure which is accessory to a residential building and which is used for the parking and storage of vehicles owned and operated by the resident thereof, and which is not a separate commercial enterprise available to the general public.

GARAGE, PUBLIC

A building, or portion thereof, other than a private customer and employee garage or private residential garage, used primarily for the parking and storage of vehicles and available to the general public.

GOVERNMENT OFFICE OR AGENCY

Any department, commission, independent agency or instrumentality of the United States, of New York State, of Warren County, and/or the Town of Bolton.

GREENHOUSE

A structure whose roof and sides are made largely of glass or other transparent or translucent material and used for personal enjoyment.

GREENHOUSE, COMMERCIAL

A building whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants for subsequent sale or personal enjoyment.

GROUP CAMP

Any land or facility for seasonal housing and recreational, educational or business-related use by private groups or semipublic groups, such as a boy or girl scout camp, fraternal lodge, university or college conference center, religious camp, or conference center.

GUEST COTTAGE

An accessory use structure designed and used to provide sleeping accommodations for guests of a residence, without fee. Such structure may include a bathroom but shall not include a kitchen or kitchen facilities.

HOME OCCUPATION

Any use customarily conducted entirely within a dwelling or in an accessory structure and carried on by the inhabitants thereof and up to one employee not residing at the dwelling, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof.

HOTEL

A commercial facility providing transient lodging containing six or more rental units and where the customary uses such as restaurant facilities, meeting rooms, recreation facilities and leisure rooms are provided for use by the lodger and the general public.

IMMEDIATE FAMILY

Siblings, parents, grandparents, spouse, children and grandchildren.

INDUSTRIAL USE

A manufacturing or maintenance facility where any process is used to alter the nature, size or shape of articles or raw materials or where articles are assembled and where said goods or services are consumed or used at another location.

IN EXISTENCE

With respect to any land use or development, including any structure, that such use or development has been substantially commenced or completed.

INN

A commercial facility, resembling in character traditional residential construction with common access providing transient lodging and meals which is characterized by common dining facilities and leisure rooms available for use by lodgers and limited general public.

JUNK AUTOMOBILE

Any unregistered, old or secondhand motor vehicle, no longer intended or in condition for legal use on the public highways. For the purpose of this definition, motor vehicle shall mean all vehicles propelled or drawn by power, other than muscular power, originally intended for use on public highways or for use in agricultural or construction activity.

JUNKYARD

Any open lot or area for the dismantling, storage or sale of such items as parts, scrap, or salvage of used or wrecked motor vehicles, machinery, scrap metals, waste papers, rags, used or salvaged building materials, household appliances or other discarded materials.

KENNEL

An establishment in which more than four dogs more than one year old are housed, groomed, bred, boarded, trained or sold.

LAKE

A large inland body of standing water.

LANDOWNERS ASSOCIATION

An organization established by owners of buildings, site and/or facilities for the express purpose of managing, maintaining, operating, and/or developing common areas or interests related to those buildings, site or other facilities.

LAND USE AREA

Those areas delineated on the official Adirondack Park Land Use and Development Plan Map adopted under Article 27 of the Executive Law of the State of New York and designated thereon as "hamlet," "moderate intensity use," "low intensity use," "rural use," "resource management," and "industrial," and such portions of those areas as are located within the Town and delineated on the Adirondack Park Land Use and Development Plan Map incorporated in this chapter by § 200-11 hereof.

LAND USE or DEVELOPMENT or USE

Any construction or other activity which materially changes the use or appearance of land or a structure or the intensity of the use of land or structure.

LOGGING ROAD

An access road usually created by removing trees and stumps in a confined space to facilitate the removal of logs during tree harvesting operations. The construction of such a road shall be considered clear-cutting if trees over six inches in diameter are removed to create a cleared road area greater than 16 feet wide. No logging road can be less than 500 feet from another logging road.

LOT

A designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed or built upon as a unit.

LOT, CORNER

A lot or parcel of land abutting upon two or more streets at their intersection, or upon two parts of the same street forming an interior angle of less than 135 degrees.

LOT COVERAGE

That portion of the lot that is covered by buildings and structures.

LOT DEPTH

The minimum contiguous distance measured from the front lot line to the rear lot line.

LOT, MINIMUM AREA OF

The smallest lot area established by the Zoning Chapter on which a use or structure may be located in a particular district.

LOT WIDTH

The minimum contiguous distance between the side lines of a lot.

MAIL ORDER BUSINESS

A general retail business which is transacted through a catalogue with use of a mail carrier and where on-site customer visitation and transaction are clearly incidental to the services and sales technique.

MAJOR PUBLIC UTILITY USE

Any electric power transmission or distribution line with associated equipment of a rating of more than 15 kilovolts which is one mile or more in length; any telephone interchange or trunk cable or feeder cable which is one mile or more in length; any telephone distribution facility containing 25 or more pairs of wire and designed to provide initial telephone service for new structure; any telephone or other communication transmission tower, any pipe or conduit or other appurtenance used for the transmission of gas, oil or other fuel which is one mile or more in length; any electric substation, generating facility or maintenance building and any water or sewage pipes or conduits, including any water storage tanks designed to service 50 or more principal buildings.

MARINA

Any waterfront facility which provides accommodations or services for boats by engaging in any of the following:

(1)

The sale of marine products or services.

(2)

The sale, lease, rental or charter of boats of any type.

(3)

The sale, lease, rental or any other provisions of storage, wharf space, or mooring for more than two boats not registered to the owners of said facility, member of the owner's immediate family, the owner or lessee of the immediately adjoining upland property, or members of their immediate families, or an overnight guest on said property.

MARINA/QUICK LAUNCH

A storage facility which provides out-of-water short-term storage for boats which are launched regularly, providing out-of-water storage as an alternative to in-water mooring or docking during the boating season when the boat(s) are in use.

MEAN HIGH WATER MARK

The average annual high water level of a lake, pond, river, stream, creek or other body of water.

MEDICAL BUILDING

A facility that contains establishments dispensing health services.

MINERAL EXTRACTION

Any excavation, other than specimens or samples from the land of stone, coal, salt, ore, talc, granite, petroleum products or other materials, except for commercial sand, gravel, or topsoil mining, including the construction, alteration or maintenance of mine roads, mine tailing piles or dumps, and mine drainage.

MINERAL EXTRACTION STRUCTURE

Any mine hoist; ore reduction, concentrating, sintering or similar facilities and equipment; administrative buildings, garages or other main buildings or structures.

MOBILE HOME

Any self-contained dwelling unit, but not including travel trailers, that is designed to be transported to its site on its own wheels or those of another vehicle, which may contain the same water supply, kitchen facilities and plumbing, sewage disposal and electric systems as immobile housing and is designed to be used exclusively for residential purposes; or any structure so marked as a mobile home or structure by New York State. (A modular home or other dwelling unit that is constructed in two or more main sections and transported to and permanently assembled on site is not considered a mobile home.)

MOBILE HOME COURT

A parcel of land under a single deed ownership which is designed and improved for the placement of two or more mobile home units thereof.

MOTEL

A commercial facility providing transient lodging containing six or more rental units with at least 25% of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building, and where customary uses such as but not limited to playgrounds, game rooms, recreation facilities, snack bars, and restaurants may be provided for use by the lodger and the general public.

MOTOR HOME

See definition of "transient mobile home."

NONCONFORMING LOT

Any legally created lot of record on the effective date of Article IX of this chapter which does not meet the minimum lot area and/or lot width requirements of this chapter for the zoning district in which such lot is situated.

[Amended 4-3-2007 by L.L. No. 1-2007]

NONCONFORMING STRUCTURE

Any structure which is in existence within a given zoning district on the effective date of Article IX of this chapter, but which is not in conformance with the dimensional regulations for that zoning district. Any structure built, expanded or constructed with a prior grant of an area variance shall presumptively, thereafter, constitute a nonconforming structure.

[Amended 4-3-2007 by L.L. No. 1-2007]

NONCONFORMING USE

Any use which is in existence within a given zoning district on the effective date of Article IX of this chapter, but which is not an accessory use, a permissible use or use allowed for that zoning district.

[Amended 4-3-2007 by L.L. No. 1-2007]

OFFICE

An office or place to conduct activities normally associated with their occupation.

[Added 2-20-1997]

OFF-STREET PARKING SPACE

A temporary storage area for a motor vehicle that is directly accessible to an access aisle, and which is not located on a dedicated street right-of-way.

OPEN SPACE RECREATION USE

Any recreation use particularly oriented to and utilizing the outdoor character of an area which does not depend on amusement devices or rides. These recreational uses may include a snowmobile trail, bike, jeep or all-terrain vehicle trail, cross-country ski trail, hiking and backpacking trail, bicycle trail and horse trail, as well as playground, picnic area, public park, and public beach for activities such as soccer, baseball, football, tennis and water-related activities.

OUTSIDE BAR

A specified area or facility either affixed or not affixed to any structure or building where patrons are seated and/or stand at said facility and where alcoholic beverages are prepared and/or served and/or consumed by said patrons. A portable service bar without seating shall not be considered an outside bar as defined herein.

[Added 12-1-1998]

PARCEL OF PROPERTY

Parcels separated by a public highway and owned by the same owner shall be deemed the same parcel of property. The division of any tax map parcel shown on the County Tax Map as a unit by a public highway does not constitute a subdivision of the tax map parcel.

[Amended 9-4-2007]

PERSON

Any individual, corporation, partnership, association, trustee, or other legal nongovernment entity.

PERSONAL WATERCRAFT (PWC)

A device which uses an inboard motor powering a waterjet pump as its primary source of motor power and which is designed to be operated by a person sitting, standing or kneeling on, or being towed behind the device rather than in the conventional manner of sitting or standing inside the device. The term shall include jet skis, surf skis, fun skis, wave runners or other similar type of devices.

[Added 2-20-1997]

POND

An inland body of water smaller than a lake.

PRINCIPAL BUILDING

(1)

Any one of the following:

(a)

A single-family dwelling or mobile home constitutes one principal building.

(b)

A tourist cabin or similar structure for rent or hire involving 300 square feet or more of floor space constitutes one building.

(c)

Each dwelling unit of a multiple-family dwelling, including each separate dwelling unit used on a time-sharing, leased time or other similar basis whereby more than one person, group of persons or family has a legal right of occupancy at differing times, constitutes one principal building.

(d)

Each motel unit, hotel unit or similar tourist accommodation unit which is attached to a similar unit by a party wall, each accommodation unit of a tourist home or similar structure, and each tourist cabin or similar structure for rent or hire involving less than 300 square feet of floor space constitutes one-tenth of a principal building.

(e)

Each commercial use structure and each industrial use structure in excess of 300 square feet constitutes one principal building, except that for a commercial use structure which involves the retail sale or rental or distribution of goods, services or commodities, each 11,000 square feet of floor space or portion thereof of such commercial use structure constitutes one principal building.

(f)

All agricultural use structures and single-family dwellings or mobile homes occupied by a farmer of land in agricultural use, his employees engaged in such use and members of their respective immediate families, will together constitute and count as one principal building.

(g)

Any other structure which exceeds 1,250 square feet of floor space constitutes one principal building.

(h)

A structure containing a commercial use which is also used as a single-family dwelling constitutes one principal building.

(2)

An accessory structure does not constitute a principal building.

PRIVATE SAND, GRAVEL OR TOPSOIL EXTRACTION

Any extraction from the land of sand, gravel or topsoil for the purpose of use, but not sale, by the owner of the land, or any extraction for the purpose of sale of less than 50 cubic yards in any two-year period.[6]

PUBLIC OR SEMIPUBLIC BUILDING

Any component building or a college, school, hospital, animal hospital, library, place of worship, museum, research center, rehabilitation center, or similar facility or a municipal building.

PUBLIC UTILITY USE

Any public utility use, equipment or structure which is not a major public utility use. A public utility use does not include any use which is subject to the jurisdiction of the Public Service Commission pursuant to Article VII or VIII of the Public Service Law.

RESTAURANT, FAST-FOOD

An establishment whose principal business is the sale of pre-prepared or rapidly prepared food/meals directly to the customer in a ready-to-consume state for consumption either within the restaurant or off premises.

RESTAURANT, FULL SERVICE

An establishment, excluding taverns, where food and drink is prepared, served, and sold for on-premises consumption to patrons seated at tables.

RETAIL BUSINESS, GENERAL

The offering, for a fee, of goods or merchandise, excluding food products, to the general public and where the providing of services is clearly incidental to the sale of such goods or merchandise.

RETAIL SERVICES, COMMERCIAL

Establishments providing, for a fee, services or entertainment, as opposed to products, to the general public, such as educational services, day-care centers, repair shops, dry cleaners and laundromats.

RETAINING WALL

A retaining wall more than two feet in height or in excess of 100 square feet shall be considered a structure. All measurements are to be taken from the vertical square area.

[Added 2-20-1997; amended 4-6-2004]

RIDING STABLES

A place, site or building used for the housing, care and riding of horses or other animals.

RIGHT-OF-WAY

A parcel of land open to the public for vehicular or pedestrian traffic.

ROAD

A paved or unpaved pathway serving as access for pedestrians and vehicles, freely open and accessible to the public, to and from common areas and adjacent private lands; may or may not be owned by the municipality; may or may not be included on the municipal road inventory.

[Added 8-2-2005]

ROOMING HOUSE

An owner-occupied commercial facility providing lodging in which at least two but no more than six rooms are offered for rent and which may be characterized by common dining facilities and leisure facilities available for use by the lodgers.

SAWMILL

Any building, site or place used for the cutting or milling of raw timber into dimensional lumber.

SCHOOL

Any building or part thereof which is designed, constructed and used for the education or instruction in any branch of knowledge which includes public or private, elementary, secondary, vocational or religious education.

SEASONAL-BUILDING

A structure designed to be used on a seasonal basis by virtue of its construction, or the design or construction of the infrastructure servicing the building. (April 1 through October 31)

SEASONAL USE

A use which occupies continually a building or site for less than nine months of the year. (April 1 through October 31)

SETBACK

The horizontal separation distance from the property line, highway right-of-way line or, in the case of shoreline property, from the mean high water mark to the building line of the structure. (See definition of "building line.")

SETBACKS - FRONT

A front lot line setback shall be effected from any ROW, any common driveway, or common entryway or roadway, or any vehicular easement. Rights-of-way shall be considered as a front lot line and shall require a front lot line setback.

[Added 2-20-1997]

SHOPPING CENTER

A building or buildings located on one lot containing numerous businesses, services and/or restaurants with a total gross square footage exceeding 10,000 square feet.

SHORELINE

The mean high water mark at which land adjoins the waters of lakes, ponds, rivers and streams within the Town.

SHORELINE BUILDING SETBACK

The shortest distance, measured horizontally, between any point of a building and the shoreline of any lake or pond, or the shorelines of any brook, stream or river within the Town.

SHORELINE LOT WIDTH

The distance measured along the shoreline as it winds and turns between the boundary lines of a lot as they intersect the shoreline of any lake or pond and the shorelines of any river to be studied as wild, scenic, or recreational river in accordance with the Environmental Conservation Law or any river or stream navigable by boat, including by canoe.

SKI CENTER

Any trail or slope for alpine and nordic skiing, including lifts, terminals, base lodges, warming huts, sheds, garages and maintenance facilities, parking lots and other buildings and structures directly and customarily related thereto.

STORAGE SHED

Any structure used to store equipment, supplies, tools, etc., which is subordinate to or supports the activities of the principal use or structure.

STRUCTURE

Any object constructed, installed or placed on the land to facilitate land use and development or subdivision of land, such as buildings, sheds, single-family dwellings, mobile homes, signs, tanks, fences and poles, and any fixtures, additions and alterations thereto. Construction must be more than six inches above grade or in excess of 100 square feet to be considered a structure. Landscaping features shall not constitute structures.

[Amended 2-20-1997; 10-3-2000; 4-6-2004]

SUBDIVISION OF LAND or SUBDIVISION

(1)

Any division of land into two or more lots, parcels or sites, whether adjoining or not, for the purpose of sale, lease, license or any form of separate ownership or occupancy (including any grading, road construction, installation of utilities or other improvements or any other land use and development preparatory or incidental to any such division) by any person or by a common scheme or plan. Subdivision of land shall include any map, plat or other plan of the division of land, whether or not previously filed. Subdivision of land shall not include the lease of land for hunting and fishing and other open space recreation uses.

(2)

Subdivision shall also be any development of a parcel of land, as a shopping center, mobile home court, industrial area, condominium, or a multiple dwelling project, which involves the installation of streets and/or alleys, even though the streets and alleys may not be dedicated to public use and the parcel may not be divided immediately for the purpose of conveyance, transfer, or sale. The term "subdivision" includes resubdivision and, as appropriate in this chapter, shall refer to the process of subdividing land or to the land subdivided.

TIMBER HARVESTING

The cutting of trees over six inches in diameter measured at 4 1/2 feet above the ground.

TOURIST ACCOMMODATION

Any hotel, motel, resort, tourist cabin, bed-and-breakfast or inn designed to house the general public (excluding travel trailers, travel vehicles or motor homes).

TOURIST ATTRACTION

Any man-made or natural place of interest open to the general public and for which an admittance fees is usually charged, including but not limited to animal farms, amusement parks, replicas of real or fictional places, things or people, and natural geological formations.

TRANSIENT MOBILE HOME

Any portable vehicle, including a tent camper or motor home, which is designed to be transported on its own wheels, and which is designed and intended to be used for temporary living quarters for travel, recreational or vacation purposes, and which may or may not include one or all of the accommodations and facilities customarily included in a mobile home.

TRANSIENT MOBILE HOME COURT or TRAVEL TRAILER CAMP

A parcel of land under single ownership which is designed and improved for use by two or more travel trailers.

VOLATILE SUBSTANCES, GAS OR LIQUIDS

Combustible solids, liquids or gases, including but not limited to butane, propane, gasoline, kerosene, alcohol or other combustible substance.

WASTE DISPOSAL AREA

Any area for the disposal of garbage, refuse and other wastes, including sanitary landfills and dumps, other than an on-site disposal area directly associated with an industrial use.

WASTE TREATMENT SITE

Any building, structure or area where sewage is treated.

WATERSHED MANAGEMENT or FLOOD-CONTROL PROTECT

Any dam, impoundment, dike, rip-rap or other structure or channelization or dredging activity designed to alter or regulate the natural flow or condition of rivers or streams or the natural level or condition of lakes or ponds.

WETLANDS

Any land which is annually subject to periodic or continual inundation by water and commonly referred to as a "bog," "swamp," or "marsh," which is either (a) one acre or more in size, or (b) located adjacent to a body of water, including a permanent stream, with which there is free interchange of water at the surface, in which case there is no size limitation.

YARD

An unoccupied space open to the sky, on the same lot with a building or structure.

YARD, FRONT

A yard that extends the full width of the lot and is situated between the adjacent highway right-of-way and building projected to the side lines of the lot. The depth of the front yard shall be measured between the building and the highway right-of-way line. Covered porches, whether or not enclosed, shall be considered as part of the main building and shall not project into a required front yard. When a building is situated on a corner lot which abuts two streets, the lot will be determined to have two front yards, one side yard and one rear yard. When a building is situated on a corner lot which abuts three streets, the lot will be determined to have three front yards and one rear yard. When a building is situated on a lot that extends through to another street, the lot shall be determined to have two front yards and two side yards.

YARD, REAR

A yard that extends the full width of the lot and is situated between the rear line of the lot and the building projected to the side lines of the lot. The depth of the rear yard shall be measured between the rear line of the lot and the building, including any covered porches, whether or not enclosed.

YARD, SIDE

A yard that is situated between the side line of the building and the adjacent side line of the lot and extending from the rear line of the front yard to the front line of the rear yard, including any covered porches, whether or not enclosed.

[1]

Editor's Note: The definition of "amusement center," which immediately followed this definition, was deleted 6-6-1995.

[2]

Editor's Note: See Ch. 150, Subdivision of Land, Appendix A.

[3]

Editor's Note: See Ch. 150, Subdivision of Land, Appendix B.

[4]

Editor's Note: See Ch. 150, Subdivision of Land, Appendix A.

[5]

Editor's Note: See Ch. 150, Subdivision of Land, Appendix B.

[6]

Editor's Note: The definition of "professional office," which immediately followed this definition, was deleted 2-20-1997.

Any term in this chapter which is not defined in this or other sections of this chapter shall carry its customary meaning.

The definition provided within "The (latest) Illustrated Book of Development Definitions" shall be available to supplement and assist in the application of the provisions of this chapter wherever this chapter shall fail to provide its own definition or meaning. In the event that local law, Town Code, Town ordinance or Zoning Board of Appeals interpretation defines, authorizes or provides a clear definition, stricter requirement, interpretation or specification, such Town Code, Town ordinance or Zoning Board of Appeals interpretation shall prevail.

[Added 6-3-2008]