As used in this chapter or in the appendixes thereto,
unless the context otherwise requires, the following terms shall have
the meanings indicated:
ABANDONMENT
An intent to abandon or to relinquish and some overt act, or some failure to act, which carries the implication that the owner neither claims nor retains any interest in the building or use that is the subject matter of the abandonment. A nonconforming use that is abandoned for more than 18 months shall be required to conform to the requirements of this chapter (see Article
13, Nonconforming Uses, Structures and Lots).
ACCESS DRIVE
A paved or unpaved surface, other than a street, which provides
vehicular access from a street or private street to a lot.
ACCESSORY STRUCTURE
A building or structure subordinate and clearly incidental
to the principal building on the same lot and used for a purpose customarily
incidental to that of the principal building. Examples of customary
residential accessory uses include storage sheds, boathouses, swimming
pools, tennis courts, basketball courts, paddleball courts and other
outdoor athletic courts, decks and garages (temporary or permanent)
having an opening or doorway of six feet in width or more. The term
does not include pool pump houses under 25 square feet, or playhouses
and gazebos under 120 square feet unless within the Adirondack Park
where the maximum size is 100 square feet to qualify for this exemption.
[Amended 1-28-2011 by L.L. No. 2-2011]
ACCESSORY USE
A use customarily incidental and clearly subordinate to the
main use or building and located on the same lot therewith. In no
case shall such accessory use dominate, in area, extent or purpose,
the principal use or building. Examples of customary commercial accessory
uses include parking lots, loading areas, dumpsters and electrical
transformer pads.
ADIRONDACK PARK LAND USE AREA
Those areas delineated on the official Adirondack Park Land Use and Development Plan Map adopted under Article 27 of the Executive Law of the State of New York and designated thereon as "hamlet," "moderate-intensity use," "low-intensity use," "rural use," "resource management" and "industrial," and such portions of those areas as are located within the Town of Queensbury and delineated on the Adirondack Park Land Use and Development Plan Map incorporated by §
179-3-030 hereof.
ADIRONDACK PARK or PARK
Land lying within the area described in Subdivision 1 of
§ 9-0101 of the Environmental Conservation Law of the State
of New York, including any future amendments thereto.
ADJACENT AREA
Any land in the Town of Queensbury immediately adjacent to
a freshwater wetland lying within 100 feet, measured horizontally,
of the boundary of a freshwater wetland.
ADULT USE ESTABLISHMENT
(1)
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:
[1]
Human genitals in a state of sexual stimulation
or arousal.
[2]
Acts of human masturbation, sexual intercourse
or sodomy.
[3]
Fondling or other erotic touching of human genitals,
pubic region, buttock or female breast.
(b)
Specified anatomical areas:
[1]
Less than completely and opaquely covered human
genitals, pubic region, buttocks or female breast below a point immediately
above the top of the areola.
[2]
Human male genitals in a discernibly turgid
state, whether or not covered.
(2)
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.
AGRICULTURAL RETAIL SALES
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
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.
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.
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:
(1)
Is used for the storage of vessels and associated
equipment; and
(2)
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.
BOUNDARIES OF A FRESHWATER WETLAND
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
(1)
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")
(2)
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 SUPPLY/LUMBERYARD
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.
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; only applicable within the Adirondack Park.
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; 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.
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.
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.
DISTRIBUTION CENTER
A facility used to store and dispense products or articles
to another location. The definition includes a freight or trucking
terminal.
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.
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.
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.)
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.
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.
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 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.
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:
(1)
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;
(2)
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:
[1]
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;
[2]
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;
[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.
(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]
(1)
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;
(2)
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.
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.
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.
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:
(1)
Participants eliminate opponents from play by hitting them with
liquid-filled, breakable, gelatin paintballs shot from a compressed-gas-powered
"paintball marker;" or
(2)
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 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 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.
PARKING SPACE, HANDICAPPED
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.
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.
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
(1)
Outside The Adirondack Park: the building in which the principal
use is conducted.
(2)
Within the Adirondack Park:
(a)
Any one of the following:
[1]
A single-family dwelling or mobile home constitutes
one principal building.
[2]
A tourist cabin or similar structure for the
rent or hire involving 300 square feet or more of floor space constitutes
one principal building.
[3]
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.
PROPAGATION MAPPING
Mapping showing propagation of radio waves and showing area
of coverage of a communications tower.
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.
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.
[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, 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 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 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, 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 USE
A use which occupies continually a building or site for 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 commercial site where materials, supplies, personal items
and/or registered cars, recreation vehicles and boats are stored.
This definition shall not include sales, service or occupancy uses.
[Amended 5-6-2024 by L.L. No. 2-2024]
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 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.
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]
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.