Town of Queensbury, NY Definitions

Any business enterprise or adult entertainment establishment having a substantial or significant part of its operations depicting or relating to "specified sexual activities" or "specific anatomical areas" (as defined below) for observation by patrons therein.

(a)

Specified sexual activities:

Human genitals in a state of sexual stimulation or arousal.

Acts of human masturbation, sexual intercourse or sodomy.

Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

(b)

Specified anatomical areas:

Less than completely and opaquely covered human genitals, pubic region, buttocks or female breast below a point immediately above the top of the areola.

Human male genitals in a discernibly turgid state, whether or not covered.

AGRICULTURAL RETAIL SALES

A substantial or significant portion of its stock-in-trade shall be determined to exist if either more than 20% of its gross sales receipts comprise items described in Subsection (1) or (2) hereof or that more than 20% of the net square footage of the establishment is dedicated to the display of advertising of items described in Subsection (1) or (2) hereof.

A small-scale retail facility for sales of agricultural products grown or raised on the site or other properties owned or leased by the agricultural use operator and prepackaged goods processed from on-site agricultural production.

[Added 1-23-2023 by L.L. No. 2-2023]

AGRICULTURAL SERVICE USE

Any storage or processing facility directly and customarily related to an agricultural use. Agricultural service use may include an associated agricultural retail sales business. Examples include milk processing, feed storage, crop storage, and crop processing.

[Amended 1-23-2023 by L.L. No. 2-2023]

AGRICULTURAL USE

Any management of any land for agriculture: the raising and keeping of cows, horses, pigs, poultry and/or other livestock; truck gardens; horticulture; silviculture or orchards, including the sale of products grown or raised directly on such land and including the construction, alteration or maintenance of fences, agricultural roads, agricultural drainage systems and farm ponds. Agricultural use may include greenhouses.

[Amended 1-23-2023 by L.L. No. 2-2023]

ALLEY

A public or private right-of-way affording generally a secondary means of vehicular access, usually from the rear, to abutting properties, and not intended for general traffic circulation. An alley is not a road as that term is defined by Town Law.

ALTER

The reconfiguration of any space, the addition or elimination of any door or window, the reconfiguration or extension of any system, or the installation of any additional equipment.

AMENDMENT

A change in text of any portion of this chapter and/or a change in use in a zoning district, which necessitates revisions to any provision of this chapter and/or the official Zoning Map.

AMUSEMENT CENTER

An indoor or outdoor facility, which may include structures and buildings, where there are various devices for entertainment, including rides and booths for the conduct of games and buildings for shows and entertainment. This includes amusement uses, such as but not limited to miniature golf, go-karts (riding areas for dirt bikes, ATVs or snowmobiles), skating facilities, arcades and batting cages.

[Amended 7-21-2014 by L.L. No. 2-2014]

ANCHOR STORE

The major store or stores within a shopping center.

[Added 6-1-2020 by L.L. No. 6-2020]

ANIMAL SHOW

An exhibition or competition which highlights one breed or species of domesticated animal.

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, wireless and microwave communications.

APARTMENT HOUSE

A multiple-family dwelling that is a building arranged in single dwelling units and intended or designed to be occupied by three or more families living independently of each other, which building may or may not have common services and entrances, and which units are rented.

[Added 1-28-2011 by L.L. No. 2-2011]

AREA, BUILDING

The total area of a building measured horizontally from the exterior of the outside walls of such building exclusive of uncovered porches or decks, terraces and steps.

AREA, LAND

The total area within the property lines, excluding the portion of the property located within public rights-of-way of roads or streets.

ASPHALT PLANT

A facility where oil products, stone and/or sand are assembled to produce asphaltic material and may include sand and gravel processing activities.

ASSEMBLY OPERATION/USE

A facility where products or articles are assembled and said goods or services are consumed or used at another location.

ATHLETIC COURT/FACILITY

Recreational facilities oriented toward court games such as tennis, basketball, paddle tennis, etc., and played out-of-doors.

ATTIC

That space of building, which is immediately below, or wholly or partially within, the roof framing. An attic with a finished floor shall be referred to as a "half story" in determining the permissible number of stories.

AUTO BODY/REPAIR SHOP

Any building, premises and/or land in which or upon which the primary use is a business which involves the service, maintenance or repair of automobiles, and other small vehicles under 2 1/2 tons and motors, including the repair of the body or frame of an automobile, including painting, straightening, sanding and welding, within an enclosed structure and in which the sale of materials is clearly incidental to the primary use.

[Added 1-28-2011 by L.L. No. 2-2011]

AUTOMOTIVE, AUTO or MOTOR VEHICLE

Any use pertaining to motor vehicles and other heavy machinery. "Auto" or "automotive" may be used to describe an auto body/repair shop, automobile service station, etc.

AUTOMOTIVE SALES AND SERVICE

Any area of land, including structures thereon, that is used for the retail sale of motor vehicles and accessories which may or may not include auto body/repair shop services.

AUTOMOBILE SERVICE

BACK LOT

A lot with no frontage on a public road.

[Added 6-1-2020 by L.L. No. 6-2020]

BANK

An institution which deals in money and credit, and in which money and/or other valuables may be deposited for safekeeping.

BAR

See "tavern."

BARBER/BEAUTY SHOP

A building or structure utilized for the shaving, cutting, styling, or treating of hair and including, either as an incidental use or the primary use, related cosmetic and/or beauty services such as manicures, pedicures, facials and the retail sales of cosmetic products.

BARN

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

BASEMENT

A story of a building which is partly underground, but having less than 1/2 of its height above the average level of the adjoining ground.

BED-AND-BREAKFAST

A use, located within a one- or two-family dwelling, in which six or fewer guest rooms are rented on a nightly basis for periods of less than a week and where at least one meal is offered in conjunction with each guest night.

[Amended 1-28-2011 by L.L. No. 2-2011]

BERM

A small hillock or rise in grade, generally high enough to visually screen headlights from automobiles or trucks on adjacent properties.

BERTH

The place where a vessel lies when at anchor or at a dock.

BOATHOUSE

An accessory structure which has direct access to a body of navigable water and:

Is used for the storage of vessels and associated equipment; and

BOUNDARIES OF A FRESHWATER WETLAND

Does not have bathroom or kitchen facilities and is not designed or used for lodging or residency.

BOAT STORAGE FACILITY

A place or site outside of the Lake George Park used to park or store, on any one lot, three or more vessels, except canoes, rowboats or sailboats under 18 feet. The definition excludes the commercial sale, maintenance or repair of boats.

BOAT STORAGE, PRIVATE

A place, site or structure used to park, house or store, on any one lot, two or fewer vessels, except canoes, rowboats and sailboats under 18 feet owned by the property owner, of which no more than three total are kept.

BOND or LETTER OF CREDIT

A written agreement issued by a qualified agent or banking organization which guarantees either the performance of a certain agreed-upon activity or an equivalent consideration in money if the activity is not completed as required.

The outer limit of wetland which is either depicted on a freshwater wetland map prepared by NYSDEC, APA, or a federal agency (US ACOE) or is confirmed as delineated in the field and/or depicted on a site map that is approved by the aforementioned agencies and recognized by the Town of Queensbury.

BUFFER ZONE

A strip of land covered with sufficient permanent planting (generally consisting of both trees and shrubs) to provide a continuous physical screen to mitigate conflicts of land use between two or more areas. No parking or storage of vehicles of any kind or objects within the buffer zone is permitted.

BUILDING

Any structure which is permanently affixed to the land, is covered by a roof supported by columns or by walls and is intended for shelter, housing or enclosure of persons, animals or chattels. (See also "structure.")

BUILDING FLOOR AREA, TOTAL

The combined area of all square footage, as measure from exterior walls of all structures on the property, including all floors of the structures, garages, basements and attics with more than five feet of ceiling height and covered porches. Building square footage does not include open deck, docks and that portion of covered docks extending over water and one storage shed of 120 square feet or less. Any additional sheds will be included. (See "floor area ratio")

BUILDING SUPPLY/LUMBERYARD

Commercial or industrial: the total area in square feet as measured from the exterior of the outside walls of a building or structure; and when applicable, the sum total of all floor areas of the principal and accessory buildings or structures on the project site.

BUILDING HEIGHT

The vertical distance measured from the lowest portion of the natural grade or the finished grade in a cut area excavated below the natural grade of the building site adjacent to the building to the highest point of the structure, whichever results in the greatest measurement. The measurement is exclusive of church spires, cupolas, chimneys, ventilators, cooling towers, mechanical equipment or similar features customarily carried above roof level. These features shall not exceed an aggregate coverage of 25% of the roof area on which they rest.

BUILDING LINE

A line formed by the intersection of a horizontal plane and a vertical plane that coincides with the exterior surface of the building on any side. In the case of a cantilevered section of a building, the vertical plane will coincide with the most projected surface. All yard requirements are measured to the building line, except open steps that provide access to the ground floor or basement of the building, and eaves, which may project 18 inches into the required yard setback." (See "setback.")

BUILDING SQUARE FOOTAGE

See "building floor area, total."

A business with or without a building or structure utilized for the storage of building and construction materials and equipment for sale, either retail or wholesale.[1]

BUSINESS SERVICE

Services rendered to a business establishment or individual on a fee or contract basis, including actuarial, advertising, credit reporting, janitorial, office or business equipment rental or leasing, photofinishing, telecommunications, window cleaning, blue-printing and photocopying, and other such services.

BUS STORAGE FACILITY

An area, which may or may not be enclosed, in which buses are stored and maintained for daily use.

CALIPER

The measurement of the size in inches of a tree's trunk diameter taken at 4.5 feet above the ground elevation. Also known as "diameter breast height."

CAMPGROUND

Any area designated for transient occupancy by camping in tents, camp trailers, motor homes, truck-cap campers or pickup campers or similar facilities designated for temporary shelter. An individual (or temporary structure or vehicle) may not occupy a campground for more than 120 consecutive days or more than 200 days in any calendar year.

CAMPSITE

An individual site designed to accommodate transient occupancy by camping in a tent, camp trailer, motor home, truck-cap camper, pickup camper or similar temporary shelter.

CANNABIS BUSINESS, ON-SITE CONSUMPTION

A cannabis-related-business requiring a license from New York State to operate an adult-use on-site consumption business. An on-site consumption license authorizes the acquisition, possession, and sale of cannabis from the licensed premises of the on-site consumption licensee to cannabis consumers for use at the on-site consumption location.

[Added 1-23-2023 by L.L. No. 2-2023]

CANNABIS BUSINESS, RETAIL

A cannabis-related business requiring a license from New York State to operate an adult-use retail dispensary authorized to acquire, possess, sell and deliver cannabis to consumers.

[Added 1-23-2023 by L.L. No. 2-2023]

CANOPY

A permanent rooflike structure, either freestanding or connected to a principal building or accessory building. Such structure shall be set back from the adjoining property line in accordance with the requirements established for principal buildings in the zone in which said canopy is located. Awnings utilized to adhere to a design guideline may be exempt from the setback.

CAR WASH

A service business where automobiles are cleaned and in which accessory products may be sold.

CEMENT MANUFACTURING

The process by which alumina, silica, lime, iron oxide, and magnesium oxide are burned together in a kiln and finely pulverized. Cement is a product used as an ingredient of mortar and concrete.

CEMETERY

A burial place or ground operated and maintained by a church, private entity or a governmental agency, which can include a crematorium and aboveground storage vaults.

CENTRAL PRIVATE UTILITY

A sewage or water system, which serves a development, project and which is paid for with nonpublic funds and without special district taxation.

CERTIFICATE OF COMPLIANCE

A certificate issued pursuant to § 179-16-050 of this chapter certifying that any use for which a zoning permit was granted is occupied or maintained in compliance with all terms of the zoning permit and with all applicable provisions of this chapter and other laws and regulations, including any approvals issued by the Zoning Board of Appeals and/or Planning Board, if applicable. Such certificate shall constitute a permit to occupy and/or conduct the use.

CHAPTER

This chapter (Chapter 179) of the Town Code, which codifies and comprises the local zoning law and regulations of the Town of Queensbury.

CHEMICAL PLANT

A facility where chemicals are manufactured, including the storage of raw and finished products.

CHURCH

See "place of worship."

CLASS A REGIONAL PROJECT

A land use or development which is classified and defined in § 179-18-010B and Article 21 and § 179-21-010 of this chapter and Section 810, Subdivision 1, of the APA Act;[2] only applicable within the Adirondack Park.

CLASS A REGIONAL SUBDIVISION

A subdivision which is classified and defined as such in § 179-18-010B and § A183-38A of the Subdivision Regulations.

CLASS B REGIONAL PROJECT

A land use or development which is classified and defined in Article 21 and § 179-21-020 of this chapter and Section 810, Subdivision 2, of the APA Act;[3] only applicable within the Adirondack Park.

CLASS B REGIONAL SUBDIVISION

A subdivision which is classified and defined as such in Chapter A183, Subdivision of Land; only applicable within the Adirondack Park.

CLEAR-CUTTING

Any cutting of trees over six inches in diameter at breast height over any ten-year cutting cycle where the average residual basal area of such trees after cutting is less than 30 square feet per acre, measured within the area harvested. The basal area is the cross sectional area of a tree measured at breast height (typically 4.5 feet above grade), used as a method of measuring the volume of timber in a given stand.

CLEAR-VISION ZONE

The triangular area formed by the edges of the pavement and a straight line joining the edges of the pavement at points which are 35 feet distant from the intersection of the edges of the pavement and measured along such edges of pavement.

CLUB

See "lodge."

CODE ENFORCEMENT OFFICER

The appointed Town official who has the authority to enforce the provisions of this chapter pursuant to Article 17 of this chapter.

CO-LOCATION

The siting and/or mounting of multiple antennas used by the same wireless communications services provider or by two or more competing providers on the same telecommunications tower.

COMMERCIAL BOAT SALES/SERVICE/STORAGE

A place, site or structure used to park, house or store, on any one lot, three or more vessels, except canoes, rowboats or sailboats under 18 feet, including any rental of private residential docks. The definition includes the commercial maintenance and repair of boats.

COMMERCIAL NURSERY

A nursery with one or more greenhouses totaling 300 square feet or more of area.

[Added 1-23-2023 by L.L. No. 2-2023]

COMMERCIAL USE

Any activity involving the sale of goods and/or services carried out for profit.

COMMERCIAL USE, TRANSIENT AND/OR TEMPORARY

Any commercial use where its service or product is on display principally outdoors, such as sidewalk sales, or within temporary structures, including tents. Said use is typically seasonal, not a principal part of a commercial establishment operating from the same site and facility year-round. Such use shall not include community-based religious or civic groups or organizations.

COMMON AREAS

All common facilities, common open space (defined below) and all infrastructure in a development or subdivision that is used in common by the public or private homeowners, property owners, associations or tenants.

COMMON FACILITIES

Complementary structures and/or improvements located on a common open space appropriate for the benefit and enjoyment of the space by the public or private homeowners, property owners, associations or tenants.

COMMON OPEN SPACE

A parcel or parcels of land or an area of water or a combination of land and water designated and intended for the private or public use of enjoyment of the space and which may include such appurtenant structures that are necessary to enhance the enjoyment of the space.

COMPREHENSIVE PLAN or COMPREHENSIVE LAND USE PLAN

The officially adopted plan, including but not limited to maps, charts, studies, resolutions, reports and other descriptive material that identify the goals, objectives, principles, guidelines, policies, standards, devices and instruments for the immediate and long-range protection, enhancement, growth and development of the Town located outside the limits of any incorporated village or city.

CONDOMINIUM DEVELOPMENT

A project of individual dwelling units or commercial, manufacturing or industrial units which may consist of one, a part of or more than one structure wherein the dwelling units are individually owned, each owner holding a title thereto, while retaining, together with all the other owners of units in the project, an undivided interest in the common facilities and areas of the buildings and grounds which are used by all the residents, through an offering prospectus. All condominium developments shall be reviewed as a subdivision.

CONDOMINIUM UNIT

An individual dwelling unit, or a commercial, manufacturing or industrial unit, within a condominium development.

CONFERENCE

A meeting of individuals or representatives of various bodies or of members of a profession, for the purpose of discussing and/or acting on topics of interest common to them.

CONSERVATION SUBDIVISION

A subdivision, approved pursuant to Article 11 of this chapter and Chapter A183 of the Town Code (Subdivision of Land), in which the applicable area and dimensional requirements of Article 3 of this chapter are modified to provide an alternative permitted method for the layout, configuration and design of lots, buildings and structures, roads, utility lines and other infrastructure, parks, and landscaping in order to preserve the natural and scenic qualities of open lands.

CONSTRUCTION COMPANY

Businesses related to the construction trade, including but not limited to paving companies, bricklayers, septic tank cleaning companies, well drillers, installation and building companies and similar businesses where machinery, equipment, supplies and materials are stored and maintained for use or installation at another location.

[Added 1-28-2011 by L.L. No. 2-2011]

CONSTRUCTION PLAN

The drawings showing the location, profile and size of sewers, drains, water mains, pavements and other details of construction as specified in Chapter A183, Subdivision of Land.

CONSUMER SHOW

An exhibition which highlights available new or upcoming products.

CONTRACTUAL ACCESS

The right of a an individual or entity to use a parcel or lot as a means to utilize some feature or resource, where said right is granted through membership in an organization or club or by legal contract or deed stipulation.

CONVENIENCE STORE

A retail establishment offering for sale prepackaged food products, household items, newspapers and magazines, sandwiches and other prepared foods, generally for off-site consumption, but which may offer limited seating without wait service. This use may offer gasoline sales as a use.

[Amended 1-28-2011 by L.L. No. 2-2011]

CONVENTION, SPORTS OR EXHIBIT CENTER

A sports arena or permanent facility, structure or combination of structures offering at least 10,000 square feet of space dedicated to meeting space and designed to support, as its principal uses, receptions/banquets, entertainment events, community events, school and use events, religious events, conferences, trade, sports, arts and crafts shows, exhibits, expos, animal shows or consumer shows, annual conventions, corporate conferences, educational meetings, garage sales, sales and incentive meetings. As secondary uses, such facility may provide food services or sell items related to events in progress.

[Amended 1-28-2011 by L.L. No. 2-2011]

CRITICAL ENVIRONMENTAL AREA (CEA)

An area designated in the Town of Queensbury pursuant to the New York State Environmental Conservation Law having exceptional or unique environmental characteristics. CEAs are shown on the Town of Queensbury map titled "Critical Environmental Areas," available for review in the Community Development Department.

CROSS ACCESS

A service road or driveway providing vehicular access between two or more contiguous sites so that drivers need not enter the public road system.

CROSSWALK or WALKWAY

An accessway designed for pedestrian traffic.

CUL-DE-SAC

A minor street with one end open for public access and the other terminating in a vehicular turnaround, or also "dead-end street."

DAY-CARE CENTER

A use where professional child day-care services are offered for six or more children depending on age, for more than three hours a day but fewer than 24 hours a day, that is operated as a principal or accessory use by an individual, organization or agency as licensed or regulated by the applicable New York State agencies.

DAY-CARE HOME

A dwelling unit use licensed by and in compliance with the New York State Department of Social Services or other applicable state regulations wherein child day-care services are provided. Such day-care homes shall include family day-care homes and group-family day-care homes.

DEVELOPER'S AGREEMENT

Any written agreement entered into between the Town of Queensbury and any developer(s) pursuant to this Code which sets forth the rights and obligations of each party regarding development of any real property which is subject to regulation and one or more approvals issued by the Town of Queensbury. The purpose of such developer's agreement shall be to establish, in writing and for the benefit of all parties, the specific parameters, conditions and requirements of any approval(s) granted by the Town and upon which the developer(s)/applicant(s) may rely in proceeding to arrange the financing and construction of the approved project, including any public improvements and/or land dedications required in connection therewith.

[Added 4-18-2016 by L.L. No. 3-2016]

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, grading, excavation, extensive clearing of vegetation or drilling operations or storage of equipment or materials.

DIAMETER BREAST HEIGHT

See "caliper."

DIRECTOR OF BUILDING AND CODE ENFORCEMENT

An individual empowered by the Town to administer the provisions of the New York State Building Code, as amended.

DISTRIBUTION CENTER

A facility used to store and dispense products or articles to another location. The definition includes a freight or trucking terminal.

DISTRICT

See "zoning district."

DOCK

Any structure or device, whether affixed or floating, placed in or upon a lake, pond, river, stream or brook and which is built as, provides, or is used as a berthing place for vessels, watercraft and/or a means of pedestrian access to and from the shoreline. This shall include boathouses, piers, wharfs, crib docks, stake docks, floating docks and all such similar structures as well as a structure or area used for the dry storage of vessels as part of a quick-launch facility.

DOCK AREA

The above and below surface area of a dock as measured and expressed in square feet.

DOCK REPAIR

Normal maintenance or replacement of up to 75% of the total dock area. See § 179-5-050, Docks and Moorings.

DOCK REPLACEMENT

Replacement of a dock to an extent greater than 75%. See Section 179-5-050, Docks, boathouses and moorings.

DRIP-LINE

An imaginary vertical line extending from the outermost portion of the tree canopy or roof line to the ground.

DRIVE-IN THEATER

An open lot devoted primarily to the showing of motion pictures or theatrical productions on a paid-admission basis to patrons seated in automobiles. A drive-in theater may include a refreshment stand as an accessory use.

DRIVE-THROUGH WINDOW

Facilities that by design, structure, service, or by packaging procedures encourage or permit customers to receive services, obtain goods, or be entertained while remaining in their motor vehicles.

[Added 5-16-2016 by L.L. No. 4-2016]

DRIVEWAY

Any entrance or exit used by vehicular traffic to or from land or buildings abutting a road.

DRIVEWAY, SHARED

A driveway located on a property line connecting two or more contiguous properties to the public road system.

DUPLEX or DWELLING, TWO-FAMILY

A detached building containing two dwelling units that are attached by a common wall.

DWELLING, SEASONAL

One dwelling unit not used for permanent residence and not occupied for more than six months in each year.

DWELLING UNIT

A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

EASEMENT

A deeded right granted by a property owner for the use of a part of his/her property for the benefit of another person or property.

ELECTRIC POWER PLANT

A facility where electric power is produced for transmission across the power grid. An electric power plant is a major public utility.

[Added 1-28-2011 by L.L. No. 2-2011]

ENCLOSED SHOPPING CENTER

A group of architecturally unified commercial establishments built on a site which is planned, constructed and managed as a complete operating unit that is enclosed and roofed, with access to tenant areas generally oriented toward interior corridors. (See Use Tables in Article 4.[4])

ENCROACHMENT

The part of a structure or development which intrudes into an easement, setback or dedicated right-of-way or property line.

ENLARGEMENT

To make larger in any dimension, including length, width, height, area or depth into the ground.

EROSION

The wearing away of the land surface by rain, flowing water, wind or other geological or mechanical chemical agents.

ESSENTIAL PUBLIC SERVICES

Underground or overhead gas, electrical or water transmission or distribution systems or sewer systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, manholes and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by public utilities or the Town or other governmental agencies for the public health, or safety or the general welfare.

EXCAVATION

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

EXISTING TALL STRUCTURE

A structure over 50 feet in height measured at its tallest point which is existing on the date an application for placement of telecommunications equipment is submitted.

EXPANSION

Any growth of activity which requires the enlargement of facilities, including buildings, parking spaces, storage yards or any other facilities which are required to accommodate such growth.

EXPO

An exhibition or display, open to the public, of a collection of related items or services.

FAMILY

One or more persons occupying the premises and living as a single housekeeping unit, as distinguished from a group occupying a boardinghouse, lodging house, club, fraternity or hotel.

FARM

Any parcel of land used for agricultural or horticultural use, including any structure, building or residence which is incidental to the permitted use.

FAST-FOOD ESTABLISHMENT

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

FENCE

A barrier consisting of material(s) assembled, constructed or erected at a fixed location on the ground or attached to the ground. "Fence" does not include a hedge or similar barrier composed of growing vegetation or a man-made berm.

FENCE, PRIVACY

A fence in excess of two feet in height of which 50% or more of the surface area of the fence is opaque.

FIRING RANGE

A facility for target shooting with firearms for practice or training. See also "firing range, indoor."

[Amended 10-17-2016 by L.L. No. 7-2016]

FIRING RANGE, INDOOR

An indoor facility where firearms are discharged at targets for training or practice purposes, and which is designed so that bullets or other projectiles fired at targets are safely prevented (by means of backstops and/or other barriers) from going outside of the facility.

[Added 10-17-2016 by L.L. No. 7-2016]

FLAG LOT

A lot not meeting minimum frontage requirements and where access to the public road is by a private driveway on a narrow strip of land.

FLOOR AREA

All square footage, as measured from the exterior of exterior walls of all structures on the property, including all floors of the structures, garages, basements and attics with more than five feet of ceiling height and covered porches. Building square footage does not include open decks, docks and that portion of covered docks extending over water.

FLOOR AREA RATIO (FAR)

The relationship of building size to lot size, derived by dividing the total building floor area by the lot size in square feet, yielding a percentage.

FOOD SERVICE ESTABLISHMENT

Any establishment that prepares and serves meals for eat-in or take-out customers. The food service component must be the primary use in the building to fit this definition. For example, a supermarket that prepares meals is not a food service establishment since the primary use is grocery sales.

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 wood roads, skidways, landings, fences and forest drainage systems.

FOREST USE STRUCTURE

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

FRESHWATER WETLANDS

Lands and waters lying within the boundaries of the Town of Queensbury which are classified as a wetland by the NYSDEC, APA, or a federal agency (US ACOE), or are confirmed as delineated in the field and/or depicted on a site map as a wetland that is approved by the aforementioned agencies shown on a freshwater wetlands map.

FRESHWATER WETLANDS MAP

A map depicting the boundaries of any freshwater wetland and which has been filed with the Clerk of the Town of Queensbury by the State Department of Environmental Conservation, Adirondack Park Agency or other agency having jurisdiction in the regulation of wetlands, as such map may from time to time be amended.

FRONTAGE

See "road frontage" below.

FUEL SUPPLY DEPOT

A facility which stores gasoline products for distribution to off-site locations.

FUNCTIONAL CLASSIFICATION

A system used to group public roads into classes according to their purpose in moving vehicles and providing access to abutting properties.

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, but not including facilities for cremation.

GALLERY

A structure or building utilized for the display of art work, including paintings or sculptures, for sale to the public.

GARAGE, PRIVATE PARKING

An accessory building or structure to a residential use, attached or detached, used primarily for storage of no more than three automobiles, provided that such garage may be used to shelter only one commercial vehicle, but in no event shall such commercial vehicle exceed 1 1/2 tons' capacity. A private garage never holds businesses, occupations or services for profit. (See also "parking area, private.")

GARAGE, PUBLIC

Any garage, other than a private garage, which is used for the storage of motor vehicles.

GOLF COURSE

A tract of land for playing golf, improved with tees, greens, fairways, hazards, and may include clubhouses, shelters, bathroom, restaurant and tavern facilities. A golf driving range is a permitted accessory use to a golf course within the RC District.

GOLF DRIVING RANGE

A tract of land on which golf balls are hit for practice in exchange for a fee or consideration.

GRADING

The physical alteration of the contours of land in connection with a development project. Minor alteration for landscaping purposes or to improve drainage on individual residential properties does not constitute grading.

GREENHOUSE

A building in which the temperature, lighting or humidity can be regulated for the cultivation of plants for subsequent sale or personal enjoyment. A greenhouse in excess of 300 square feet shall be regulated as a commercial nursery. A greenhouse under 300 square feet shall be considered accessory to a residential use.

[Amended 1-23-2023 by L.L. No. 2-2023]

GROSS LEASABLE AREA (GLA)

The total area designed for tenant occupancy and exclusive use, including kiosk, expressed in square feet and measured from the center line of joint partitions and from the inside faces of exterior walls; provided, however, that "gross leasable area" shall not include common mall areas, exit corridors, service corridors, storage/maintenance areas, elevators, escalators or other common or public places.

GROUP CAMP

Any land or facility for housing and recreational, educational or business-related uses by private groups or semipublic groups, such as boy scout or girl scout camps. The definition includes the terms "camp" and "day camp."

HEALTH-RELATED FACILITY

A building or site used for the treatment of illness, disease, injury, deformity and other abnormal physical or mental conditions, including rehabilitation activities, and which is operated by individuals in the health industry licensed by the State of New York. All hospitals and institutions specializing in medical treatment, physical and mental therapy (including alcohol and drug treatment), and assisted living for all ages are considered to be health-related facilities. A health-related facility may include related facilities, such as offices, laboratories, outpatient facilities or training facilities. The definition includes the terms "nursing home" and "convalescent home."

HEAVY EQUIPMENT STORAGE/SALES/SERVICE

A lot utilized for the purposes of storage, rental, sales and service of farm and heavy equipment and machinery, including logging equipment, tractor-trailers and related farm and heavy transportation equipment such as bulldozers, backhoes, engines, compressors, trucks over 2 1/2 tons, tractors, construction equipment and other heavy machinery, vehicles or motors.

HEAVY INDUSTRY

Manufacturing and processing operations that may involve the exterior storage of goods and materials as well as of finished products.

HISTORICAL SITES AND STRUCTURES

Any historic site or structure which is on the State or National Register of Historic Places or as is officially recognized by the Town.

HOME OCCUPATION

A domestic or service activity conducted entirely within the dwelling unit and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the residence for residential purposes, and does not change the character thereof. A home occupation is an accessory use to a residential use as regulated under § 179-5-080 of this chapter.

HOMEOWNERS' OR PROPERTY OWNERS' ASSOCIATION

A nonprofit organization required by a deed covenant or term in which owners of homes or properties in a development or subdivision are subject to regulations or requirements for the operation and maintenance of individual properties and/or commonly owned facilities and/or open space. Such organization must be acknowledged or approved by the New York State Attorney General's Office. This term shall include the terms "homeowners' association," "condominium association" and similar terms.

HORIZONTAL ILLUMINANCE

The measurement of brightness from a light source, usually measured in footcandles or lumens, which is taken through a light meter's sensor at a horizontal position.

HOTEL

See "motel."

HOUSEKEEPING COTTAGE

A single detached rental unit for transient occupancy.

HUNTING AND FISHING CABIN

A cabin, camp or lean-to or other similar structure designed for occasional occupancy for hunting, fishing or similar purposes.

IMPERVIOUS AREA

All areas covered by structures, buildings, pavement or other impermeable surfaces, including but not limited to patios, walkways and graveled areas containing materials smaller than #2 stone size.

IN EXISTENCE

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

INTERIOR STORAGE FACILITY

Utilization of an existing structure by an owner or lessee of the owner for rental of space for storage of items of personal property. Warehouse use, with the exception of storage of commercial office files, is specifically prohibited. Any interior modifications of the structure to create secure rooms or partitions shall not be visible from the exterior of the structure. Access to storage areas within the interior storage facility space shall be through a common secured entrance, with no separate compartmentalized access to storage areas to be created directly from or through the exterior of the structure.

[Added 10-17-2016 by L.L. No. 7-2016]

INTERMITTENT STREAM

A naturally occurring stream which carries water only during the wet season(s) of the year or during heavy rainstorms and which might be dry for extended periods.

JUNK VEHICLE

Any unregistered motor vehicle or vessel, no longer in condition for legal use on public highways or waterways.

JUNKYARD

Any open lot or area for the dismantling, storage or sale of motor vehicles, as parts, scrap or salvage, or more than two junk vehicles.

[Amended 1-28-2011 by L.L. No. 2-2011]

KENNEL

An establishment to house dogs, cats, and other household pets where grooming, breeding, boarding, training or selling of animals is conducted as a business. The occasional sale of puppies, kittens or other offspring from household pets shall not be considered a kennel.

LAKE GEORGE CRITICAL ENVIRONMENTAL AREA

The waters of Lake George, all land lying under such waters within 500 feet of the mean high-water mark of such waters, and wetlands located adjacent to the waters of Lake George and all land within 500 feet of such wetlands.

LAKE GEORGE PARK COMMISSION

The New York State agency formed under Article 43 of the Environmental Conservation Law responsible for administration and enforcement of Lake George Park regulations and associated rules and regulations within the Lake George Park.

LAND CLEARING

The excavation, cutting, removal, alteration, destruction or clearing of perennial or annual vegetation, including trees, or the disturbance of soil.

LANDSCAPE

All the natural features, such as fields, hills, forests, water, etc., that distinguish one part of the earth's surface from another part, including all of its natural characteristics.

LANDSCAPE PLAN

A plan of sufficient detail to describe proposed changes in the topography, structures, vegetation and visual characteristics of the landscape.

LANDSCAPING

The act of changing or enhancing the natural features of a plot, buffer zone, public open space or other area or portion of a lot (often as a beautifying feature of a building or land use) so as to make said area more attractive, to add visual screening and/or to provide safety features and to assist in protecting life and property. This may be accomplished by adding lawns, trees, shrubs, etc., or through the sculpting of the terrain, i.e., earth berms, ponds, walkways, retaining walls, rock outcrops, etc., and/or installing lights, lightpoles, flagpoles, fences and traffic malls for the direction of traffic. This does not include any man-made object that exceeds the maximum height requirement for a structure in the zone district in which it is located. Landscaping is subject to approval by the Town of Queensbury Planning Board where site plan review is required and subject to review by the Adirondack Park Agency where a project is classified as a Class A or Class B Regional Project.

LAND USE or USE

Any activity that changes the use of land in its natural state regardless of whether such activity occurs in a structure. "Land use" shall exclude any landscaping or grading, which is carried out for landscaping or drainage improvement on an existing single-family dwelling/lot. Ordinary repairs or maintenance or interior alterations to existing structures or uses shall also be excluded from the term "land use."

LIBRARY

A collection of information, sources, resources, and services; it is organized for use and maintained by a public body, an institution, or a private individual.

LIGHT MANUFACTURING

Any operation which assembles, improves, treats, compounds, or packages goods or materials in a manner which does not create a noticeable amount of noise, dust, odor, smoke, glare or vibration outside of the building in which the activity takes place.

LINE, STREET or ROAD

The dividing line between the street property line or the right-of-way line and the lot.

LOADING FACILITY

A part of the site or building exclusively designed for the loading or unloading of materials, merchandise or freight, including a platform, loading space or dock area.

LOADING SPACE, OFF-STREET

One loading space for material, merchandise or freight shall constitute an area not less than 12 feet in width and 30 feet in length, with a vertical clearance of 15 feet or more.

LODGE

A building used to house a social, fraternal or service organization or group not organized or conducted for profit and which is not adjunct to or operated by or in conjunction with a public tavern, cafe, or other place of business. A lodge shall not have associated with it any vending stands, merchandising or commercial activities except as required for the membership and purposes of such club. This definition includes the terms "club," "fraternal lodge(s)," "fraternity house" and "sorority house."

LOGGING

See "timber harvesting."

LOGGING COMPANY

A business associated with the harvesting of timber, logging or other forest management activities where equipment, supplies, machinery and materials are stored and maintained for use at another location.

LOT

A parcel or portion of land separated from other parcels or portions by description, as on a subdivision map, survey map or by metes and bounds, for the purpose of sale, lease or separate use.

LOT, BUILDING

The land occupied or capable of being occupied by a building and its accessory buildings or by a dwelling group and its accessory buildings, together with such open spaces as are required under the provisions of this chapter, having not less than the minimum area and width required by this chapter for a lot in the district in which such land is situated and having its principal frontage on a street or on such other means of access as may be adequate as a condition of the issuance of a building permit for a building on such land.

LOT, CORNER

A lot situated at the intersection of two or more streets or highways. (See § 179-4-070, Lots bounded by two roads or a road and a shoreline.)

LOT DEPTH

The mean horizontal distance between the front and rear lot lines, measured along the median between the two side lot lines.

LOT FRONT LINE

The lot line which abuts upon a street or highway right-of-way boundary line. A lot with frontage on two roads shall be considered to have two front lot lines, and a lot with frontage on a road and a shoreline shall be considered to have a front and a shoreline setback. (See Article 4, § 179-4-070.)

LOT LINE

The established division line between different parcels of property.

LOT OF RECORD

A parcel of property that has been legally created and established as a separate and distinct lot as recorded in the County Clerk's office.

LOT REAR LINE

The lot line opposite and most distant from the front lot line.

LOT, THROUGH

An interior lot having frontage on two nonintersecting streets. The term also refers to a "double frontage lot."

LOT WIDTH

The average distance between the side lot lines of the lot.

MAJOR PUBLIC UTILITY USE

Any electric power transmission or distribution line and associated equipment of a rating of more than 15 kilovolts which is one mile or more in length; any telephone interchange or truck 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 service a new residential subdivision; any television, cable television, radio, 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; and any electric substation, generating facility or maintenance building and any water or sewage pipes or conduits designed to service 50 or more principal buildings.

MANUFACTURED HOME

See "modular home."

MANUFACTURED HOME PARK OR SUBDIVISION

A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

MARINA, CLASS A

As defined in the regulations of the Lake George Park Commission, and subject to amendment by the Lake George Park Commission from time to time. As of February 15, 2008, a Class A marina was defined by the Lake George Park Commission as any facility located in whole or in part with the Park which provides services or berthing places for vessels by engaging in any of the following:

The sale of marine products or services, except for such sale as part of a dry land facility which does not quick-launch vessels or regularly service vessels berthed on the waters of Lake George;

The sale, lease, rental or charter of vessels of any type;

(3)

The operation of a boat launch;

(4)

The offering of rides, instruction or water-based recreation for a fee;

(5)

The operation of a quick-launch facility servicing the waters of Lake George regardless of the location where the vessels are stored; or

(6)

The storage, berthing or mooring of two or more motorized vessels and/or nonmotorized vessels 18 feet in length or more not registered to the owner of the property, regardless of remuneration or profit.

(a)

Exceptions:

The use of residential or association docks, wharfs or moorings by the owner of the facility, the owner's family or the owner's gratuitous guest, or such use by a person as part of the single-family residential rental of a residence or a residential unit which includes the use of a dock, wharf or mooring;

Docks, wharfs and moorings used as an accessory use to a hotel, motel, inn, housekeeping cottage, campground or recreational vehicle park, used exclusively by registered guests;

Docks, wharfs, and moorings used as an accessory use to a restaurant, used exclusively by patrons while dining at such restaurant; and

[4]

Docks, wharfs and moorings used exclusively by persons engaged in the sale of fishing products or the sale and service of SCUBA products.

(b)

The exceptions provided herein shall not apply to facilities which are otherwise engaged in any of the services or activities set forth in Subsections (1) through (5) of this definition.

MARINA, CLASS B

As defined in the regulations of the Lake George Park Commission, and subject to amendment by the Lake George Park Commission from time to time. As of February 15, 2008, a Class B marina was defined by the Lake George Park Commission as any dock, wharf or mooring made available for use by any person as a berthing place for one motorized vessel or one nonmotorized vessel 18 feet in length or more not registered to the owner of the property, regardless of remuneration or profit, except:

[Amended 5-6-2019 by L.L. No. 4-2019]

The use of residential or association docks, wharfs or moorings by the owner of the property, the owner's family or such use by a person as part of the single-family residential rental of a residence or a residential unit which includes the use of a dock, wharf or mooring;

MEAN HIGH-WATER MARK OF LAKE GEORGE

Docks or wharfs used as an accessory use to a hotel, motel, inn, housekeeping cottage, campground or recreational vehicle park, used exclusively by registered guests;

(3)

Docks, wharfs, and moorings used as an accessory use to a restaurant, used exclusively by patrons while dining at such restaurant; and

(4)

Docks, wharfs and moorings used exclusively by persons engaged in the sale of fishing products or the sale and service of SCUBA products.

MEAN HIGH-WATER MARK

The average annual high-water level of a body of water.

The fixed annual mean high-water elevation of 320.2 feet above mean sea level.

MEAN LOW-WATER MARK OF LAKE GEORGE

The water elevation of 317.74 feet above mean sea level.

MICROBREWERY

A facility licensed by the New York State Liquor Authority to produce or brew up to 60,000 barrels of beer annually and to conduct such other activities as are permitted under a microbrewery license and/or such additional permits and licenses as may be granted by the Liquor Authority to the holder of the microbrewery license. In addition, other activities which are ancillary and subordinate to beer brewing and production operations shall be permitted. Such activities shall include, but shall not be limited to, offering tours of the facility to the public; offering beer tastings; retail sales of beer for off-premises and/or on-premises consumption (subject to receipt of any licenses or permits required by the Liquor Authority); and/or sales of various promotional merchandise, including but not limited to shirts, jackets, caps, clocks, signs and similar items, for the purpose of fostering awareness of the beer brewed on the premises and/or promoting the brewery, the Town of Queensbury and the surrounding area and/or other beers brewed in New York State.

[Added 4-1-2013 by L.L. No. 3-2013]

MINERAL EXTRACTION

Any extraction, 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 extractions, 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; or administrative buildings, garages or other main buildings or structures.

MIXED USE

The presence of multiple uses within the same complex, building, parcel, district or zone.

MOBILE HOME

Any vehicle or similar portable structure or any part thereof or addition thereto, with or without a foundation or wheels, jacks, skirting, wood or masonry block supports, designed or constructed to be towed on its own chassis (comprised of frame and wheels), driven or otherwise transported to its resting site and which is designed to permit occupancy for residential, business, commercial or office purposes. Such will include units that may contain parts that may be folded, collapsed or telescoped when being towed and expanded later, as well as two or more separate components designed to be joined into one integral unit, remains mobile, but excluding modular homes. (See "single-family dwelling."). See § 179-4-030 of this chapter for Mobile Home Overlay Districts and Chapter 113, Mobile Homes, of the Town Code.

MOBILE HOME PARK or 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 thereon.

MOBILE HOME SALES

A tract of land on which mobile homes are sold.

MOBILE HOME, TRANSIENT

A mobile home or temporary residence such as a camp travel trailer or a tent.

MODULAR HOME

Any building comprised of two or more sections, without its own chassis, capable of being transported to their building site and permanently joined into one integral unit which is indistinguishable in appearance from a conventionally built home, including but not limited to a sloped roof and permanent foundation. The definition includes the term "manufactured home" but excludes the term "mobile home."

MOORING

Any anchor, chain, buoy, pennant or other object by which a vessel is secured at one point.

MOTEL

A facility offering transient lodging accommodations for a daily rate to the general public in which no provision is made for cooking in any individual room or suite, except that such facilities may be provided in facilities designated as "housekeeping units," "housekeeping cabins," or other similar terminology. A motel may provide additional services such as restaurants, conference and recreational facilities. Motels may include outdoor athletic courts and facilities and swimming pools. The definition includes the terms "hotel," "inn" and a "bed-and-breakfast" with more than 10 rooms.

MOTOR HOME

See "travel trailer."

MULTIPLE-FAMILY DWELLING (or MULTIFAMILY DWELLING)

A building arranged to house three or more single dwelling units, including but not limited to apartment houses, townhouse developments, certain condominium developments and the conversion of existing single-family dwellings.

MUNICIPAL CENTER

See "public or semipublic building."

[Added 1-28-2011 by L.L. No. 2-2011]

MUSEUM

A nonprofit, noncommercial establishment operated as a repository for a collection of nature, scientific or literary curiosities or objects of interest or works of art, not including the regular sale or distribution of the objects collected. A museum may include retail as an accessory use.

NATURAL GRADE

The vertical elevation of the ground surface before any planned or completed earthmoving, berming, filling or other nonnatural alteration.

NIGHTCLUB

An establishment dispensing liquor and meals and in which music, dancing or entertainment is conducted.

NO-CUT ZONE

A no-disturbance zone to be a vegetated area where no vegetation is removed and no disturbance of land takes place. This area may not be used for vehicular storage, accessory structures, open storage, driveways, athletic courts, and stormwater or wastewater systems.

[Added 1-28-2011 by L.L. No. 2-2011]

NONCONFORMING LOT

Any lot lawfully on record on the effective date of this chapter or any amendment of this chapter which does not meet the minimum lot area and/or lot width or depth requirements established by this chapter or any amendment of this chapter for the zoning district in which such lot is situated.

NONCONFORMING STRUCTURE

Any structure which is lawfully in existence within a given zoning district on the effective date of this chapter or any amendment of this chapter but which is not in conformance with the dimensional regulations for that zoning district as established by this chapter or any amendment of this chapter.

NONCONFORMING USE

Any use which is in existence within a given zoning district on the effective date of this chapter or any amendment of this chapter but which is not a permitted, accessory, site plan or special permit use for that zoning district, pursuant to the provisions of this chapter or any amendment of this chapter, or a use for which a use variance had previously been granted.

NURSERY

Land or greenhouses used to raise flowers, shrubs and plants for sale or transplanting as well as other goods customarily sold with plants such as soil, compost, pots, etc. A nursery may include a greenhouse.

OFFICE

A building that is operated, or is proposed to be operated as a facility to accommodate one or more separate offices as its primary use, and where other uses, if any, such as restaurants, taverns or health clubs, are secondary or accessory.

OFFICE, LARGE

An office building that is 20,000 square feet or greater.

OFFICE, SMALL

An office building that is less than 20,000 square feet.

OPEN CRIBBING

The placement of crib members in such a manner that there is vertical spacing between the timbers, which provides for a partial exchange of water through the crib structure itself.

OPEN SPACE

Land not covered by buildings, pavement, open storage, mining operations or any other use that visually obscures the natural or improved landscape, except for recreation facilities.

ORDER TO REMEDY

An enforcement order issued pursuant to § 179-17-040 of this chapter requiring a violation of this chapter to be remedied.

OUTDOOR CONCERT EVENTS

Musical events which are held outdoors and to which the public is invited for a fee or consideration; however, not including such events that are held as an activity scheduled on a daily basis on the part of an amusement center. A concert that is held as a special event at an amusement center shall not be considered a regularly scheduled activity.

OUTDOOR RECREATION

Land uses which offer passive or active recreation activities primarily outdoors that are operated for members or on a commercial basis for the general public.

[Amended 7-21-2014 by L.L. No. 2-2014]

OUTDOOR SALES

Sidewalk sales, tent sales or other temporary sales activities which are accessory to a principal commercial use, where displays and/or sales do not occur within a principal or accessory building.

OUTPATIENT CLINIC

A health-related facility, which does not include facilities for overnight care.

OVERLAY DISTRICT

A set of regulations, which adds a layer of guidelines or provisions to the underlying regulating district. An overlay district may cover more than one zoning district.

PAINTBALL FACILITY, OUTDOOR

A property that is used for a particular outdoor sport in which either:

Participants eliminate opponents from play by hitting them with liquid-filled, breakable, gelatin paintballs shot from a compressed-gas-powered "paintball marker;" or

PARKING SPACE, HANDICAPPED

Participants hit targets with liquid-filled, breakable, gelatin paintballs shot from a compressed-gas-powered "paintball marker."

PARK

A publicly owned tract of land designated and used by the public for active and/or passive recreation.

[Added 1-23-2023 by L.L. No. 2-2023]

PARKING AREA

Any public or private place, lot, parcel or yard used, in whole or in part, for storing or parking motor vehicles under the provisions of this chapter.

PARKING GARAGE

See "garage."

PARKING AREA, PRIVATE

An open area for all the same uses as a private parking garage and subject to the same conditions.

PARKING AREA, PUBLIC

An open area, other than a street or other public right-of-way, used for the parking of three or more automobiles and available to the public.

PARKING FACILITY

A public parking garage or parking area.

PARKING SPACE

For the purpose of these regulations, one parking space shall constitute an area of not less than nine feet in width by 18 feet in length or 162 square feet, as provided by the ordinance, of such shape and vertical clearance so as to accommodate one vehicle having a maximum overall length of 18 feet.

An oversized parking space designed to accommodate the handicapped. Such space shall constitute an area of 260 square feet, with a minimum width of 13 feet and having an overall length of 20 feet. See also the ADA Standards for Accessible Design, as amended and published by the United States Department of Justice.

PARKING STRUCTURE

A building or structure consisting of more than one level and used to store motor vehicles.

PASSENGER/LIMOUSINE SERVICE

An establishment in which taxis, passenger cars for hire and limousines are stored, serviced and dispatched.

PAVEMENT

A compacted surface intended for pedestrian or vehicular use, through which drainage is impeded. Surface material could be compacted sand or gravel, a bituminous compound, concrete or other material.

PEAK-HOUR TRIPS (PHT)

A weighted average vehicle trip generation rate during the hour of highest volume of traffic entering and exiting the site in the morning (a.m.) or the afternoon (p.m.).

PERMEABILITY, PERCENT OF

The area of the lot which is not covered by buildings, structures or impervious surfaces divided by the total area of the lot and multiplied by 100.

PERMEABLE SURFACE

A surface that presents an opportunity for precipitation to infiltrate into the ground.

PERMITTED OR PERMISSIBLE USE

Any use that is allowed by this chapter solely through the issuance of a zoning permit by the Zoning Administrator, subject to all other applicable provisions of this chapter.

PERSON

Any corporation, firm, partnership, association, trust, estate, one or more individuals and any unit of government or agency or subdivisions thereof.

PERSONAL SERVICE BUSINESS

Establishments primarily engaged in providing services involving the care of a person or his or her apparel.

PHOTOSIMULATION FIGURES

Figures simulating the appearance of a structure from public rights-of-way and other locations as designated by the Planning Board.

PHYSICAL THERAPY FACILITY

A health-related facility oriented to the physical muscular condition of outpatients.

PIER

A wharf or portion of a wharf extending from the shoreline with water on both sides. See also "dock."

PILE

A long slender column usually of timber, steel or reinforced concrete driven into the ground vertically to support an open-type wharf.

PLACE OF WORSHIP

A building or place used for religious activities, including a church, synagogue, temple or mosque which is used for the purpose of worship and activities customarily associated therewith. Such place of worship shall be maintained and owned by a bona fide religious organization.

PLANNED UNIT DEVELOPMENT

An area of land in which a variety of housing types and/or uses is preplanned and proposed as a single development for which specific standards and requirements apply and which requires a rezoning of such area by the Town Board. See Articles 12, 12A and 12B of this chapter.

PLANNING BOARD or BOARD

The Town of Queensbury Planning Board.

PLAT, FINAL

The final map of all or a portion of the subdivision which is presented to the Planning Board for final approval in accordance with the Subdivision Regulations (Chapter A183) and which, if approved, shall be filed with the County Clerk.

PLAT, PRELIMINARY

A drawing or drawings, clearly marked "Preliminary Plat," showing the salient features of a proposed subdivision, as specified in the Subdivision Regulations (Chapter A183), submitted to the Planning Board for purposes of consideration prior to submission of the plat in final form and of sufficient detail to apprise the Planning Board of the layout of the proposed subdivision.

PLAT, SKETCH or SKETCH PLAN

A sketch of a proposed subdivision or site plan showing the information specified in this chapter or the Subdivision Regulations (Chapter A183), as applicable, to enable the applicant to save time and expense in reaching general agreement with the Planning Board as to the form of the layout and objectives of the applicable regulations.

PLAYGROUND

An active recreational area that may include a variety of facilities, including equipment for young children as well as court and field games.

POLLUTION

The presence in the environment of human-induced conditions or contaminants in quantities or characteristics which are or may be injurious to humans, plants, animals or property.

PORCH

A roofed-over area projecting from the front, side or rear wall of a structure.

PRINCIPAL BUILDING

Outside The Adirondack Park: the building in which the principal use is conducted.

Within the Adirondack Park:

(a)

Any one of the following:

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

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

PUBLIC OR SEMIPUBLIC BUILDING

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 legal right of occupancy at differing times, constitutes one principal building.

[4]

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 fewer than 300 square feet of floor space constitutes 0.1 of a principal building.

[5]

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.

[6]

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.

[7]

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

[8]

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

(b)

An accessory structure does not constitute a principal building.

PRINCIPAL USE

The main or primary purpose for which land or a building is used or occupied or maintained. When more than one use is on a lot, the most intense use shall be considered the main or primary use.

PRODUCE STAND

A structure designed for the sale of farm products, such as fruits, vegetables and flowers.

PROFESSIONAL OCCUPATION

One who is engaged in professional services, including but not limited to all members of the fields of medicine, law, architecture, engineering, surveying, accounting, insurance, planning or financial planning.

PROFESSIONAL OFFICE

An office used to conduct a professional occupation.

PROPAGATION MAPPING

Mapping showing propagation of radio waves and showing area of coverage of a communications tower.

Any structure associated with a library, museum, firehouse, or a municipal building.

PUBLIC NOTICE or PUBLIC HEARING NOTICE

The official notice of the board with jurisdiction over an application, that identifies the time and place of the public hearing scheduled on that application.

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.

QUICK-LAUNCH FACILITY

A facility or an activity whereby vessels are stored on land and periodically launched for use during a single boating season. The periodic storage, launching and storage of a vessel by the same person at the same location shall be presumed to be a quick-launch facility; provided, however, that the storage of a vessel on residential property for use by the owners or lessees of that property shall not be a quick-launch facility regardless of the number of times the vessel is launched and stored during a single boating season.

RADIO/TELEVISION STATION

See "TV or radio station."

RAILROAD SERVICE OR REPAIR FACILITY

A railroad yard or building where railroad equipment is stored, repaired or maintained.

RECONSTRUCT

The reconfiguration of a space which affects an exit or element of egress shared by more than a single occupant or the total of work areas exceeds 2/3 of the building area or the work area affects the area of 100% of the occupancy. Work that is exclusively mechanical, plumbing, fire protection or electrical shall not be considered a reconstruction regardless of its extent and shall not be included in the computation of total area of all work areas.

RECREATION, ACTIVE

Nonmotorized leisure activities, usually organized and performed with other persons, often requiring equipment and taking place at prescribed and nonnatural places, sites, or fields. Examples include, but are not limited to, baseball, softball, soccer, basketball, tennis and track and field. Also included are activities which are principally nonmotorized, but in which motorized equipment may facilitate set-up or transportation within the activity area, such as golf or downhill skiing.

[Amended 7-21-2014 by L.L. No. 2-2014]

RECREATION, PASSIVE

Nonmotorized leisure activities, which are not active recreation and usually can take place in areas with minimal disturbance to the natural landscape. Examples include, but are not limited to, hiking, walking, boating, jogging, cross-country skiing, biking, plant study, picnicking, kite flying, Frisbee throwing, bird watching, nature photography, swimming, nature classes, model boating, wheelchair racing, fishing, dog walking, feeding of water fowl and sun bathing.[5]

[Amended 7-21-2014 by L.L. No. 2-2014]

RECYCLING CENTER

A lot or parcel of land, with or without buildings where a business collects, receive or buys recyclable materials from household, commercial or industrial sources for the purpose of sorting, grading, processing or packaging any waste other than hazardous waste, private or municipal waste, for reuse. It may be a facility where commingled recyclables are sorted, bailed or otherwise processed for transport off site for subsequent reuse, marketing or shipment. A recycling center shall not be used for the dismantling, storage or sale of any motor vehicles as parts, scrap or salvage.

[Added 1-28-2011 by L.L. No. 2-2011]

REGIONAL SUBDIVISION

Applies to any subdivision wholly or partially within the Adirondack Park and means any Class A Regional Subdivision or Class B Regional Subdivision as defined in Appendixes A and B of Chapter A183, Subdivision of Land.

REGIONAL SUBDIVISION, CLASS A

A subdivision which is classified as a Class B Regional Project in Section 810 of the Adirondack Park Agency Act,[6] as set out in Appendix B of Chapter A183, Subdivision of Land.

REGIONAL SUBDIVISION, CLASS B

A subdivision which is classified as a Class B Regional Project in Section 810 of the Adirondack Park Agency Act[7] and set out in Appendix B of Chapter A183, Subdivision of Land.

RENOVATE

The change, strengthening or addition of load-bearing elements; or the refinishing, replacement, bracing, strengthening, upgrading or extensive repair of existing materials, elements, components, equipment and/or fixtures. This action does not include the reconfiguration of space or painting.

REPOSSESSION FACILITY

An establishment primarily engaged in the recovery and short-term storage of repossessed items. This type of facility may include an office and either indoor and/or outdoor storage areas.

[Added 1-28-2011 by L.L. No. 2-2011]

REQUIRED IMPROVEMENTS

Any activities or improvements required by this chapter or the Subdivision Regulations (Chapter A183) as part of an approval, except as may be waived by the Planning Board, including but not limited to streets and roads, utility installations, road ditches, drainage facilities and culverts, monuments and revegetation operations.

REPAIR

The patching, restoration, or minor replacement of materials, elements, components, equipment or fixtures for the purposes of maintaining these materials, elements, components, equipment, or fixtures in good or sound condition.

RESEARCH AND DEVELOPMENT FACILITY

A building in which chemical, mechanical, physical, electrical or other research, production, design or development of materials or processes is conducted. The definition includes the term "laboratory."

RESIDENTIAL USE

The use of a structure or parts thereof as a permanent place of dwelling.

RESTAURANT

A place for the preparation, serving and consuming of food and beverages. A restaurant may include a tavern.

RETAIL BUSINESS

The offering, for a fee, of goods, services and merchandise to the general public, excluding restaurants, taverns, motor vehicle sales and services, boat sales, recreational vehicle sales and services, mobile and modular home sales and services.

RETAINING WALL

A wall to maintain differences in ground elevation by holding back a bank of material.

RIDING ACADEMY

Any establishment where horses are kept for riding, driving or stabling for compensation or incidental to the operation of any club, association, ranch or similar establishment.

RIGHT-OF-WAY, PUBLIC

A parcel of land in public ownership or use open to the public for vehicular or pedestrian access. (See "street.")

ROAD

See "street."

ROAD FRONTAGE

The linear footage of a lot along the lot front line.

RUNOFF

That portion of the precipitation, rain and/or snowmelt that cannot be absorbed by the soil within a drainage area, that is discharged from the area in water channels, either natural, as a stream, or man-made. Types of runoff include surface water, snowmelt, stormwater and/or seepage.

SAND AND GRAVEL PROCESSING

The crushing, sifting and screening of sands and gravels for consumption and use at another location.

SAND, GRAVEL AND TOPSOIL EXTRACTION, PRIVATE

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. (See "commercial sand and gravel extraction.")

SAND, GRAVEL AND TOPSOIL EXTRACTION, COMMERCIAL

Any extraction from the land of more than 50 cubic yards in any two-year period of sand, gravel or topsoil for the purpose of sale or use by persons other than the owner of the land; or for the purpose of use by any municipality. (See "excavation," "mineral extraction" and "private sand, gravel or topsoil extraction.")

SATELLITE RECEIVING ANTENNA

Any apparatus or device, commonly known as an "earth terminal antenna," "earth terminal," "earth station," "satellite communications antenna," "satellite antenna," "microwave dish antenna" or "dish antenna," and including as part of such apparatus or device the main reflector, subreflector feed, amplifier and support structure, which is designed for the purpose of transmitting and/or receiving microwave, television, radio, satellite or other electromagnetic energy signals into or from space, but does not include conventional television, radio and amateur radio antennas.

SAWMILL, CHIPPING and PALLET MILL

Any building, site or place used for the cutting or milling of raw timber into dimensional lumber, pallets, chips or other wood products.

SCHOOL

Any place offering instruction in any branch of knowledge under the supervision of the State of New York or a lawfully constituted ecclesiastical governing body, person, partnership, or corporation meeting the requirements of the State Education Department.

SCREENING

Foliage, berms, trees, shrubs or landscaped natural materials and plants which obscure the visual character and suppress the noise of any given building or use of land. Where natural plant material is not practical, fences and/or other artificial material may be partially or totally substituted, according to individual site conditions.

SEASONAL PRODUCE BUSINESS

The sale of seasonal farm products, fruits, vegetables or flowers.

SEASONAL USE

A use which occupies continually a building or site for fewer than six months of the year.

SEASONAL USE, RESIDENTIAL

A residence used fewer than six months of the year.

SEAWALL

A wall or embankment made to break the force of the waves and to protect the shore from erosion.

SELECTIVE CUTTING

The annual or periodic removal of trees, individually or in small groups, in order to realize the yield and establish a new crop and to improve the forest, which removal does not involve the total elimination of one or more particular species of trees.

SELF-STORAGE FACILITY

A structure or structures containing separate, individual, and private storage spaces of varying sizes leased or rented on an individual basis, each of which may be directly accessed from the exterior of the building via its own access door, and excluding an interior storage facility.

[Amended 10-17-2016 by L.L. No. 7-2016]

SEQRA

The State Environmental Quality Review Act. See 6 NYCRR Part 617.

SERVICE DISTRICT

Any private or public entity which provides a public service to residents of all or any part of the Town, to include, among others, fire departments, water districts and sewer districts.

SETBACK

The established line, measured horizontally from the property line, beyond which no part of a building shall extend, except for the building eaves, which may extend 18 inches into the setback. (See "building line.")

SHOPPING MALL/PLAZA

A building or buildings, located on one lot, which may or may not be enclosed, containing numerous businesses, services and/or restaurants and accessory uses related to those businesses.

SHORELINE

The mean high-water mark at which land adjoins the waters of lakes, ponds, wetlands, rivers and streams within the Town. The shoreline for non-Lake George bodies of water will be defined as the contour line as established by the mean high-water mark (MHWM), the point on the bank or shore where the presence and action of surface water is so continuous as to leave a distinctive mark by erosion, destruction of vegetation, predominance of aquatic vegetation, or other easily recognized characteristic.

SHORELINE BUILDING SETBACK

The shortest distance, measured horizontally, between any point of a principal building or accessory structure in excess of 100 square feet in size (except docks and boathouses) and the shoreline of any lake, pond, river, wetland or stream.

SHORELINE LOT WIDTH

The distance between the side lot lines of a lot measured as they intersect the shoreline of any lake or pond or any river or stream navigable by boat, including a canoe.

SIGN

Includes every sign, billboard, freestanding sign, portable freestanding sign, wall sign, window sign, illuminated sign and temporary sign, and includes any announcement, declaration, demonstration, device, display, illustration or insignia used to advertise or promote the interest of any business or commercial enterprises when the same are placed on the premises on which the businesses are conducted so that they are clearly visible to the general public from an out-of-doors position.

SINGLE-FAMILY DWELLING

A building, not including a mobile home, of one or more stories of height above the main grade level, which is designed or used exclusively as the living quarters for one family, whether seasonal or year-round.

SITE PLAN

A diagram drawn to scale showing the development plans for a lot, as outlined in these regulations.

SITE PLAN REVIEW

The review of the site plan by the Planning Board pursuant to Article 9 of this chapter.

SKI CENTER

Any trail or slope for Alpine (downhill) and/or Nordic (cross-country) skiing, snowboarding and snow tubing, including lifts, terminals, base lodges, warming huts, sheds, garages and maintenance facilities, parking lots and other buildings and structures directly and customarily related thereto. The definition includes the term "ski facility."

SLOPE

The degree of deviation of a surface from the horizontal, usually expressed in percent or degrees.

SPECIAL USE

A use that requires and must comply with the standards of a special use permit pursuant to this chapter.

SPECIAL USE PERMIT

The approval for a special use granted pursuant to the procedures and requirements set forth in Article 10 and any other supplementary requirements for specific uses set forth in Article 5 of this chapter.

SPORTSMEN'S CLUB/FIRING RANGE

A tract of land where persons may hunt, fish, fire weapons, practice archery or engage in related activities, and in which membership is a condition of use. Note that a firing range is considered any facility either out-of-doors or within a building, which is designed to accommodate the discharge of firearms and usually includes targets or skeet launchers. See also "firing range, indoor."

[Amended 10-17-2016 by L.L. No. 7-2016]

STABILIZATION

The proper placing, grading and/or covering of soil, rock or earth to increase its resistance to erosion, sliding or other movement.

STATE

The State of New York.

STATE AGENCY

Any state department, bureau, commission, board or other agency, public authority or public benefit corporation.

STOP-WORK ORDER

An enforcement order issued pursuant to § 179-17-040 of this chapter which orders construction or any activity that is in violation of this chapter to cease.

STORAGE SHED

An accessory building used to store materials or small equipment, not including trucks, automobiles or recreational vehicles, which supports the principal use of the site.

STORAGE YARD

A site and/or buildings where materials, supplies or personal items are stored.

STORM DRAINAGE SYSTEM

All structural works and grounds alterations, as well as natural drainage patterns, which affect or regulate the flow of surface drainage, including those used to intercept, collect and transmit water or to discharge water above or below ground level.

STORY

That part of a structure contained between the level of one finished floor and the ceiling above it, or, if the top story, that part of a structure contained between the level of the highest finished floor and the ceiling above it.

[Added 12-16-2013 by L.L. No. 7-2013]

STREAM BED

The flow area of a stream at and below the high-water mark of a stream.

[Added 5-1-2023 by L.L. No. 6-2023]

STREET

A way for vehicular traffic, whether designated as a "street," "highway," "thoroughfare," "parkway," "throughway," "road," "avenue," "boulevard," "lane," "cul-de-sac," "place" or however otherwise designated, and includes the entire area within the right-of-way. (See "right-of-way.")

STREET, ARTERIAL

A road serving comparatively large volumes of high-speed, long-distance or through traffic and which also provides access to abutting properties.

STREET, COLLECTOR

A relatively low-speed road that provides access to abutting properties and which links development roads, collector roads, or other local roads to major traffic roads.

STREET, LOCAL

A street which is used primarily for access to the abutting residential properties.

STREET, MARGINAL

A street which is parallel to and adjacent to an arterial street and which provides access to abutting properties and protection from through traffic.

STREET, PRIVATE

An access drive that serves two or more lots and is maintained by private ownership, not the Town of Queensbury.

STREET OR ROAD GRADE

The officially established grade of the street upon which a lot fronts, or if there is no officially established grade, the existing grade of the street shall be taken as the street grade.

STREET PAVEMENT/CARRIAGEWAY

The wearing or exposed surface of the roadway used by vehicular traffic.

STREET WIDTH

The distances between property lines on opposite sides of the street.

STRUCTURE

Any object constructed, installed or permanently placed on land. (See "building.")

SUBDIVIDER

Any person, firm, corporation, partnership or association, or successors in interest to any such parties, who or which shall lay out any subdivision or part thereof, as defined herein, either for himself or others.

SUBDIVISION

A division of any residential, commercial or industrial 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 by any person or by any other person controlled by or under common control with any such person or group of persons acting in concert as part of a common scheme or plan; provided, however, that this shall not apply to conveyances of small amounts of land to correct a boundary of a lot so long as such conveyance does not create additional lots. For the purposes of these regulations, a condominium shall be reviewed as a subdivision.

SURVEY

The determination of the location of land boundaries and natural and man-made objects, by means of surveying instruments.

SURVEY MAP

A drawing made to scale based upon survey measurements showing land boundaries, natural and man-made objects, made by or under the direction of a New York State licensed land surveyor.

SURVEYOR

A person permitted to act as a land surveyor by the State of New York.

SWIMMING POOL

A structure, either permanent or temporary, designed for the purpose of wading or swimming and holding more than 100 gallons of water.

TAVERN

A place in which the principal income is derived from the sale and serving of alcoholic beverages for consumption on the premises, with or without live entertainment. A tavern may include preparation and service of foods or meals, for eat-in or takeout customers, where such foods or meals are subsidiary to the sale and serving of alcoholic beverages.

[Amended 4-1-2013 by L.L. No. 3-2013]

TELECOMMUNICATIONS TOWER

Any ground-mounted pole, spire, or combination thereof, taller than 35 feet in height, including supporting lines, cables, wires, braces and masts built for the purpose of mounting a telecommunications facility, including telephone service, which is capable of receiving and/or transmitting signals.

THEATER, LIVE

A building or part of a building devoted to dramatic, dance, musical or other live performances.

THEATER, MOVIE

A building or part of a building devoted to showing motion pictures.

THEATER, OUTDOOR

An open lot devoted primarily to the showing of dramatic, dance, musical or other live theatrical productions or performances. A outdoor theater may include a refreshment stand, stages and lighting structures as accessory uses.

TIMBER HARVESTING

The cutting of trees for commercial gain, except for clearing of lots and land that is not subject to regulation pursuant to this chapter. Timber harvesting, in excess of the acreages listed in § 179-6-010, is subject to site plan approval.

TOURIST ACCOMMODATIONS

A building or group of buildings, whether detached or in connected units, used as individual sleeping or temporary dwelling units, designed for transients and providing for accessory off-street parking facilities. The term "tourist accommodations" includes buildings designated as "tourist courts," "motor lodges," "motels," "hotels," "bed-and-breakfasts," "overnight cabins," "housekeeping units" and similar facilities.

TOURIST ATTRACTION

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

TOWN

The Town of Queensbury in Warren County, New York.

TOWNHOUSE

A dwelling unit which is one of a series of units, having a common party wall between adjacent units, each with a private outside entrance, each with its own separate lot of record.

TRADE SHOW

An exhibition of businesses or companies which highlights a specific industry or product.

TRAVEL TRAILER or TRAVEL VEHICLE

Any portable vehicle, including a tent camper or motor home, which is designed to be transported on its own wheels, 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.

TREE SERVICE/LANDSCAPE COMPANY

A business that provides services such as tree/plant removal, pruning, arborist service and landscaping. This service could also diagnose pest problems or plant diseases and provide fertilization services. On-site administration and sales office, storage and maintenance of company equipment, temporary storage of by-products created by business such as logs or wood chips may be included in this use. On-site processing, such as cutting, trimming, milling, chipping and grinding, is not included in this use.

[Added 1-25-2021 by L.L. No. 1-2021]

TRUCK DEPOT

The place for the division of bulk or storage and transfer of cargo from and to trucks of one or more companies which may include vehicle and ancillary storage and vehicle repair shops as well as associated dispatch and general offices.

TV OR RADIO STATION

A facility used in connection with the provision of wireless communication services, including cellular telephone services, personal communication services, radio and television broadcasting services, and which is regulated by the Federal Communications Commission, both in accordance with the Telecommunications Act of 1996 and other federal laws. A broadcasting antenna or tower in excess of 35 feet in height is regulated as a telecommunications tower.

UNIFORMITY RATIO

The average level of illumination in relation to the lowest level of illumination for any area. For example, an illumination ratio of 4:1 would mean that the lowest level of illumination should be no less than four times less than the average level of illumination.

VARIANCE, AREA

The authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of this chapter.

VARIANCE, USE

The authorization by the Zoning Board of Appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by this chapter.

VEHICLE REFUELING STATION

A lot occupied or used for the sale of oil or other motor fuel, and which may include the sale of lubricants, tires and accessories for motor vehicles, including facilities for greasing, washing, cleaning, polishing or otherwise servicing vehicles, but not including painting or major repairing thereof. Such use may also include the sale of retail items similar to those sold in a convenience store.

VESSEL

Every description of watercraft, other than a seaplane, used or capable of being used as a means of transportation on the water.

VETERINARY CLINIC

A facility providing health services and medical or surgical care to animals suffering from illness, disease, injury, deformity and other abnormal conditions, including related facilities such as laboratories and boarding facilities.

WAREHOUSE

A building used primarily for the temporary storage of goods and material associated with retail, commercial, or industrial uses. Warehouses may be classified as either principal or accessory structures depending on the classification and context of the use.

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.

WATER EXTRACTION

Withdrawal, removal, diversion, taking, or collection by any means of water from groundwater sources, aquifers, springs, wells, pumps, or similar, and including the infrastructure associated with the water extraction process necessary for its withdrawal and transport off site. Water extraction as herein defined does not include the withdrawal of water for on-site uses.

[Added 4-20-2015 by L.L. No. 2-2015]

WATER FRONTAGE

The linear footage of a lot along a shoreline.

WATERSHED

The land area which drains into a stream or river used for drinking water. The watershed delineates the boundaries of the Watershed District, which sets development standards for impervious surface areas and water quality.

WATERSHED MANAGEMENT OR FLOOD CONTROL PROJECT

Any dam, impoundment, dike, riprap 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. Any such project for which a permit or approval is required prior to commencement from the Department of Environmental Conservation is not a watershed management or flood control project or a use for the purposes of this chapter.

WATER SOURCES

Water sources include ponds, lakes, wetlands and watercourses, aquifers, floodplains, and drainage retention areas.

WETLANDS

Any land that is regulated as a wetland by the Adirondack Park Agency, the New York State Department of Environmental Conservation and/or the United States Army Corps of Engineers.

WHOLESALE BUSINESS

A use in which goods are sold to members of a trade or organization, but not to the general public.

YARD

An open, unoccupied space 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 lot front line and the front line of the building projected to the side lines of the lot. The depth of the front yard shall be measured between the front line of the building and the lot front line or shoreline.

YARD, REAR

A yard that extends the full width of the lot and is situated between the rear line of the lot and the rear line of 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 rear line of the building, including any covered porches or canopies and decks, whether or not enclosed. (See § 179-4-070, Lots bounded by two roads or a road and a shoreline.)

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 or canopies and decks, whether or not enclosed. (See § 179-4-070, Lots bounded by two roads or a road and a shoreline.)

ZONING ADMINISTRATOR

The appointed Town official who is responsible for overseeing and coordinating the administration of this chapter and Chapter A183, Subdivision of Land.

ZONING DISTRICT

The particular area of the Town as established and depicted on the Zoning Map for which particular regulations governing the area, height, use of buildings, or use of land, and other regulations relating to development or maintenance of existing uses or structures, are uniformly applied in that area. Also referred to as "district."

ZONING MAP

The official map of the Town adopted and as amended pursuant to this chapter, which depicts the boundaries of the zoning districts of the Town.

ZONING PERMIT

The authorization issued by the Zoning Administrator for a permitted use or an approved use.

Editor’s Note: The former definition of "build-to lot width," added 10-6-2014 by L.L. No. 5-2014, which immediately followed this definition, was repealed 12-15-2014 by L.L. No. 7-2014.

Editor's Note: See Executive Law § 810, Subdivision 1.