Unless the context otherwise requires, the following definitions
shall be used in interpretations and construction of this chapter.
Words used in singular number shall include the plural, and the plural
the singular; the word "structure" shall include the word "building";
the word "used" shall include "arranged," "designed," "constructed,"
"altered," "converted," "rented," "leased" or "intended to be used";
and the word "shall" is mandatory and not optional, and the word "may"
is permissive. Words not herein specifically defined shall have their
ordinary dictionary meaning, as in Webster's New International Dictionary.
As used in this chapter, the following terms shall have the
meanings indicated:
A tract of forest land that consists of at least 50 contiguous
acres, exclusive of any portion not devoted to the production of forest
crops, and approved by New York State as a 480a property for tax purposes.
480a properties are still required to submit to the Planning and Zoning
Office harvest/forest management plans, and all applicable documents
as required by the Planning and Zoning Office that are needed for
site plan review, including but not limited to a Warren County Soil
and Water Conservation Plan, soils mapping, New York State's best
management practices and any applicable NYSDEC permits.
The frequency-weighted sound pressure level (in decibels)
measured on a sound-level meter with an A-weighted scale as specified
in the American National Standards Institute (ANSI) specifications
for sound-level meters (ANSI-No. 4-1971).
An accessory use that serves as a dwelling unit which is
located above a private garage, either attached or detached from the
principal use, and which has separate living quarters, including separate
cooking, sleeping and sanitary facilities. In addition, the entire
lot area shall be double the lot area of that required for the principal
use.
A structure subordinate and clearly incidental to the principal
structure on the same lot and used for a purpose customarily incidental
to those of the principal structure. An accessory structure shall
include but not be limited to, detached garages, storage sheds, detached
carports, wood sheds, and similar incidental structures.
A use customarily incidental and subordinate to the principal
use or principal structure, which does not change the character of
the permitted principal use or principal structure and is located
on the same lot and within the same zoning district with such permitted
principal use or principal structure. The term does not include housekeeping
cottages.
Article 27 of the Executive Law of the State of New York,
including any future amendments thereto.[1]
The Adirondack Park Agency created by § 803 of
Article 27 of the Executive Law of the State of New York.
Land lying within the area described in § 9-0101,
Subdivision 1, of the Environmental Conservation Law of the State
of New York, including any future amendments thereto.
The activities of an active farm, including grazing and watering
livestock, irrigating crops, harvesting crops, using land for growing
agricultural products and cutting timber for sale, silviculture, but
shall not include the operation of a dude ranch or similar operation,
or the construction of new structures associated with agricultural
activities. This definition shall also not include the ownership of
domestic chickens.
[Amended 3-27-2023 by L.L. No. 1-2023]
Any milk processing plant, feed storage supply facility,
farm machinery or equipment sales and service facility; storage and
processing facility of fruits, vegetables and other agricultural products;
or similar use directly and customarily related to the supply and
service of an agricultural use.
The management of any land for agriculture; raising livestock;
horticulture or orchards, including the sale of products grown or
raised directly on such land; silviculture; and including agricultural
roads, agricultural drainage systems and farm ponds. This definition
shall also not include the ownership of domestic chickens.
[Amended 3-27-2023 by L.L. No. 1-2023]
Any building or structure directly and customarily associated
with an agricultural use.
As applied to a building or structure, a change or rearrangement
in the structural parts or in the exit facilities; or an enlargement,
whether by extending on a side or by increasing in height; or the
moving from one location or position to another.
The all-encompassing sound associated with a given environment,
being a composite of sounds from many sources, both near and far.
The evaluation of ambient sound level shall be done in accordance
with American National Standards.
American National Standards Institute or its successor bodies.
A type of multiple-family dwelling arranged in single dwelling
units and intended or designed to be occupied by three or more families
living independently of each other, which may or may not have common
utility services and entrances and of which units are rented.
The total of areas taken on a horizontal plane at the main
grade level of the principal and accessory buildings measured from
the outside of the building.
The total area within the property lines, excluding the external
streets.
A machine capable of playing, reproducing and/or amplifying
speech, including but not limited to a radio, tape player or compact
disc player.
A service business for the repair of the body or frame of
an automobile, including painting, straightening, sanding and welding.
This use shall also include facilities associated with automobile
towing businesses.
An institution which deals in money or credit and in which
money and valuables may be stored for safekeeping.
Cross-sectional area of a tree measured at breast height,
used as a method of measuring the volume of timber in a given stand.
The stream discharge from groundwater runoff. The term "stream"
includes any permanent or intermittent watercourse.
A residence, occupied by the host, meeting the following
criteria: a maximum of six rooms for rent or use; meals shall be served
to guests only; and no cooking facilities in rooms.
The place where a vessel lies when at anchor or at a wharf.
A drain consisting of an excavated trench refilled with pervious
materials, such as coarse sand gavel or crushed stone through which
water percolates and flows toward an outlet, often referred to as
a "French drain."
An owner-occupied dwelling, or part thereof, in which lodging
is provided by the owner for up to one individual boarder and for
a fee.
An owner-occupied dwelling, or part thereof, in which lodging
is provided by the owner for between two and six individual boarders
and for a fee.
A service business for the repair of the body or frame of
a boat or similar vessel, including but not limited to painting, straightening,
sanding and welding.
A place, site or structure used to park, house or store, on any one lot, more than three vessels for private gain, not including canoes, rowboats, or kayaks. This use shall not include "storage, commercial" as defined in this chapter. Commercial boat storage is subject to the applicable provisions in this chapter, including Article VII, § 175-55, Commercial Boat Storage.
A place, site or structure used to park, house or store,
on any one lot, three or fewer vessels, excepting canoes, rowboats
and kayaks.
A single-story covered structure which has direct access
to a body of navigable water and is used only for the storage of vessels
and associated equipment and does not have plumbing, kitchen, heating,
sanitary drains or sanitary facilities, or sleeping quarters.
A building or structure utilized primarily for the sport
of bowling, and may include the incidental sale or dispensing of food
and drink and the sale or rental of bowling equipment. It may also
include video games/pinball machines as long as such does not comprise
more than 4% of the gross floor area. The video games/pinball machines
must be enclosed within the principal building.
A place where beer is produced commercially for tasting and/or
for sale and consumption on the premises.
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.
The two-dimensional plane area of a building or structure
which results when the height dimension is removed and which shows
an aerial view of said building or structure, including garages, sheds,
porches, caves, covered breezeways, entryways and other similar attached
appurtenances.
The vertical distance measured from the lowest portion of
the proposed natural or finished grade of the building or structure
site covered by the building or structure or finished grade of cut
required to accommodate the building or structure to the highest point.
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 20% of the roof area on which they rest.
For the purposes of determining Class A regional project jurisdiction,
the exclusions noted above do not apply.
Any area designated for transient occupancy by camping in
tents, camp trailers, travel trailers, motor homes or similar facilities
designated for temporary shelter.
A service business where automobiles are cleaned and in which
accessory products may be sold.
An inlet structure for the collection of stormwater from
impervious surfaces designed with a sump to trap sediment.
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.
A land use or development which is classified as a Class
A regional project in § 810 of the Executive Law, the Adirondack
Park Agency Act, and set forth in Appendix A hereof.[2]
A land use or development which is classified as a Class
B regional project in § 810 of the Executive Law, the Adirondack
Park Agency Act, and set forth in Appendix B hereof.[3]
Noncontaminated concrete, dirt, bricks, soil and rocks.
The cutting of more than 50% of any trees over six inches
in diameter 4.5 feet above ground level over the entire area of the
cutting. In no event shall the cutting violate the shoreline criteria
of this chapter and the clearcutting regulations of the APA Act and
regulations.
An organization catering exclusively to members and their
guests or premises and buildings for recreational or athletic purposes,
which are not conducted primarily for gain, provided that they are
not conducting any vending stands or merchandising or commercial activities,
except as required for the membership and purposes of such club.
A planned development or a subdivision plat or plats approved
pursuant to this chapter, in which the applicable Zoning Ordinance
is modified to provide an alternative permitted method for the layout,
configuration, size 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.
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.
For purposes of § 175-41, Article VI, Planning Board review and decision, and § 175-95, Article XI, Zoning Board of Appeals, of this chapter, "commencement of the approved action" shall be defined as the physical commencement of construction, if the approved activity entails construction of any structure(s), or the actual commencement of the new use, if the approved activity entails any new or modified use.
The Town of Lake George Commercial Design Guidelines is a
companion document to this chapter, which conveys desirable commercial
design principles through illustrations and text.[4]
Any use involving the sale or rental or distribution of goods,
services or commodities, either retail or wholesale, or the provision
of recreation facilities or activities for a fee. The term shall include
but not be limited to the following: drive-in restaurant; filling
station; restaurant; retail use; retail stand; riding academy; tavern,
convenience store and marina.
The Lake George Park Commission.
A project of individual single-family dwelling 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.
An individual single-family dwelling unit within a condominium
development.
Any activity necessary or incidental to the erection, demolition,
assembling, altering, installing or equipping of buildings, public
or private highways, roads, premises, parks, utility lines or other
property, including but not limited to related activities such as
land clearing, grading, earthmoving, excavating, blasting, filling
and landscaping, but not including agriculture.
Any wharf which is supported along its entire length by cribbing.
The right of a nonresident of a parcel or lot to use such
parcel or lot as a means to utilize some feature or resource where
said right is granted to a nonresident through membership in an organization
or club or by legal contract or deed stipulation.
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. A convenience store
includes the terms "delicatessen" or "deli."
A structure or combination of structures designed to support
one or more of the following primary users: trade or consumer shows,
annual conventions, corporate conferences, educational meetings, sales
and incentive meetings and a sports arena. Secondarily, such a use
will support receptions/banquets, entertainment events, community
events, school and youth events, or religious events. In support of
the aforementioned activities, this use may also provide food services.
A site, building or place designed and/or operated to provide
day care and/or instruction for three or more children and operated
on a regular basis for a fee. Such centers must be licensed by the
Office of Children and Family Services. This definition includes the
terms "family day care" and "group family day care."
The abbreviation for A-weighted sound level in decibels.
A unit for measuring the volume of sound equal to 20 times
the logarithm to the base of 10 of the ratio of the pressure of the
sound measured to the reference pressure, which is 20 micropascals
(20 micronewtons per square meter).
The practice and procedures associated with the delayed release
of stormwater so as to reduce peak flow, maintain base flow, increase
opportunity for recharge to groundwater and reduce opportunity for
surface runoff and soil erosion.
A permanent structure for the temporary storage of runoff,
which is designed so as not to create a permanent pool of water.
To change the characteristics of a parcel of land in conjunction
with residential, commercial, industrial or institutional construction
or alteration.
Any building, construction, expansion, alteration, modification,
demolition or other activity, including land-clearing, land disturbance,
grading, roadway construction or expansion, mining or mineral extraction
which materially changes the use or appearance of land or a structure,
or the intensity of the use of land, or the creation of a subdivision
which may result in such activity, but not including interior renovations
to a structure, a change in use of a structure which results in no
land disturbance and no increase in parking requirements, or the construction
or modification of a dock, wharf or mooring. For purposes of regional
project jurisdiction this definition applies, except that "land use"
includes a change in use of structure and the construction or modification
of docks, wharves, or moorings.
The diameter of a tree trunk measured 4.5 feet from the base
of the tree.
A place where liquor is produced commercially for tasting
and/or for sale and consumption on the premises.
That part of a development site area where actual land disturbance,
vegetation removal or construction of buildings, structures or utilities
will occur or has occurred.
A wharf or portion of a wharf extending from or along the
lakefront.
A wharf or portion of a wharf extending from or along the
lakefront that is privately owned and not used for commercial purposes.
A multiboat docking facility in which each boat slip is individually
owned.
All of the area of land contributing runoff flow to a single
point.
A place where food or nonalcoholic beverages are served or
sold for consumption outdoors or in vehicles, or where food is purchased
at a counter for consumption indoors. This definition also includes
the term "fast-food operation."
A resort, primarily for the riding of horses and other equestrian
activities, including tourist accommodations and uses customarily
accessory to tourist accommodations.
An infrastructure element that supplies electric energy for the recharging of electric vehicles, otherwise known as electric vehicle charging stations. Electric vehicle supply equipment is subject to the applicable provisions in this chapter, including Article V, § 175-25, Renewable and alternative energy.
A public calamity exposing any person or property to imminent
danger of significant loss or harm.
Work or activity that is necessary to prevent or recover
from an emergency, including but not limited to work to repair electric,
gas, water, sewage, telephone, or other essential public utilities
or services.
The wearing away of the land surface by rain, flowing water,
wind or other geological or mechanical agents.
Services by public utilities or governmental agencies of
gas, steam, sewer or water transmission or distribution systems.
One or more persons occupying a single housekeeping unit,
as distinguished from a group occupying a boardinghouse, lodging house,
club, fraternity or hotel.
A structure that separates an area from another, typically
outdoors, and is usually constructed from posts that are connected
by boards, wire, rails or netting. When constructed for purposes of
separating outdoor areas, fences are exempt from the setback requirements,
with the exception of shoreline fences. A tarp or similar cloth is
not considered a fence and shall not be utilized as such.
A lot occupied or used for the sale of oil or other motor
fuel, lubricants, tires and accessories for motor vehicles, including
facilities for greasing, washing, cleaning, polishing, painting, repairing
or otherwise servicing vehicles. This use may also include a convenience
store, which is secondary to the principal use as a filling station.
The accessory convenience store would typically offer items for sale
such as prepackaged food products, household items, newspapers, magazines,
sandwiches and other freshly prepared foods, such as salads, for off-site
consumption.
A strip of permanent vegetation above ponds; diversion terraces
and other structures graded by a uniform mild slope to retard flow
of runoff, causing deposition of transported material, thereby reducing
sediment flow.
A facility out of doors or within a building, which is designed
to accommodate the discharge of firearms and usually includes targets
or skeet launchers.
The floor area ratio (FAR) is the relationship between the
total amount of usable floor area that a building has on any and all
floors, and the total area of the lot on which the building stands.
Residential: the area in square feet within the exterior walls
of a dwelling unit and accessory structures including the sum total
of all floor areas of all dwelling units, unattached or attached garages,
porches, decks, etc.
Commercial or industrial: the total area in square feet within
the exterior walls of a building or structure, and when applicable,
the sum total of all floor areas of the principal and accessory buildings
or structures under single ownership or business, including all garages,
porches, decks, etc.
Prolonging the flow time of runoff to reduce the peak discharge.
Any management, including logging, of 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.
Any barn, shed, garage, research, educational or administrative
building or cabin directly and customarily associated with forestry
use.
The process of obtaining petroleum resources such as oil
or natural gas from the earth through mechanical processes. This includes
hydraulic fracturing, also known as hydrofracking, which involves
the injection of fluid under high pressure to create fissures in rock
beneath the earth which release gas or oil. For purposes of this chapter,
this definition shall also include gas/oil mining, gas/oil extraction
or underground gas/oil storage, petroleum exploration, horizontal
or vertical fracturing, high-volume fracturing, and similar processes.
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.
A land area used for the protection of wildlife, usually
because of its unique natural character, which provides habitat, food
or shelter for wildlife.
An enclosed space for the storage of motor vehicles. No business,
occupations or service for profit shall be conducted therein. Space
for only one vehicle may be rented therein to a nonresident of the
premises.
Any general commercial use or places of general business
or other business where activities carried out on the property are
developed for commerce or trade, which is not considered as a retail
use, professional office, restaurant or any other specific commercial
use already defined in the use table.[5]
[Added 3-27-2023 by L.L. No. 1-2023]
An area or course for playing golf, consisting of at least
nine holes, except miniature golf.
Any land or facility for seasonal housing and recreational-,
educational- or business-related use by private groups or semipublic
groups, such as a Boy Scout or Girl Scout camp, fraternal lodge, or
university or college conference center.
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), nursing homes, and
assisted living for all ages are considered to be health-related facilities.
A site, district, building, structure, or object listed on the National or State Register of Historic Places or is designated locally pursuant to Chapter 72 of the Code of the Town of Lake George.
A profession or trade conducted entirely within a single
dwelling or a single unit of a multiple-family dwelling 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, and does not involve the employment
of anyone who does not reside in the residence. There shall be no
exterior evidence, including signs, of such home occupation.
A profession or trade conducted entirely within a single dwelling or a single unit of a multiple-family dwelling 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 type 2 home occupation may employ up to two persons, in addition to those that live in the dwelling. There may be a sign advertising the presence of the home occupation in accordance with Article V, § 175-32, Signs, of this Code. The sale of stock in trade or the entertainment of clients may be allowed.
A stable for four horses or less, all owned by the owner
of the stable, or being housed in the stable without charge.
A stable for five or more horses and/or which is operated
for a profit.
A single detached rental unit for transient occupancy. Housekeeping cottages are subject to the applicable provisions of this chapter including § 175-52, Tourist accommodations.
A cabin, camp or lean-to or other similar structure, of less
than 500 square feet of gross floor area designed for occasional occupancy
for hunting, fishing or similar purposes.
A graph showing variation in stage (depth) or discharge of
a stream of water over a period of time. The term "stream" includes
any permanent or intermittent watercourse.
An area covered by pavement, rooftops and/or other structures
or materials, which is either impervious to water or which substantially
prevents the infiltration of water into the soil at that location.
The downward movement of water from the surface to the subsoil.
Infiltration rate is typically expressed as inches per hour.
A stormwater recharge area, dry well, recharge basin, retention
basin or any other engineered structure designed to infiltrate stormwater.
A soil characteristic determining or describing the maximum
rate at which water can enter the soil under specified conditions,
including the presence of an excess of water.
Any unregistered, used motorized vehicle or recreational
vehicle, or vessel, no longer intended or in condition for legal use.
Junk vehicles are not permitted to be stored or disposed of on vacant
lots or on open areas of occupied lots.
Any open lot or area for the dismantling, storage or sale
of parts, scrap or salvage or two or more unlicensed or unregistered
or wrecked motor vehicles, machinery, scrap metal, waste papers, rags,
used or salvaged building materials or other discarded materials.
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.
The excavation, cutting, removal, alteration, destruction
or clearing of perennial or annual vegetation, or the disturbance
of soil.
Any construction or other activity which materially changes
the use or appearance of land or a structure or the intensity of the
use of land or a structure. Land use and development shall not include
any landscaping or grading which is not intended to be used in connection
with another land use, or ordinary repairs or maintenance or interior
alterations to existing structures or uses.
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 Lake George and delineated on the Adirondack Park Land Use and Development Plan Map incorporated by § 175-11, Article III, Adirondack Park Land Use and Development Plan Map, hereof.
All the natural features, such as fields, hills, forests,
water, etc., that distinguish one part of the earth's surface from
another part, usually that portion of land or territory which the
eye can comprehend in a single view, including all of its natural
characteristics.
A plan of sufficient detail to describe proposed changes
in topography, structures, vegetation and visual characteristics.
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, light
poles, 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 zoning district in which
it is located. Landscaping is subject to approval by the Town of Lake
George Planning Board for Class B projects and site plan review is
required and subject to review by the Adirondack Park Agency and the
Town of Lake George, where a project is classified as a Class A regional
project. Landscaping involving new structures such as retaining walls,
fences and poles will be subject to the shoreline setback requirements.
Landscaping involving changes to watercourses or creation of ponds
may require a permit from the APA and the DEC.
A manufacturing or maintenance facility where any process
is used to alter the nature, size or shape of articles or raw materials
or where articles are assembled and where said goods or services are
consumed or used at another location. This term does not include mineral
extractions, private and commercial sand and gravel extractions, including
screening or crushing operations, sawmills, chipping mills, pallet
mills and similar wood-using facilities.
Any line dividing one lot from another.
The dividing line between the street right-of-way line and
the lot.
Live performances which feature topless dancers, strippers, exotic dancers or similar entertainers as per Chapter 48 of the Code of the Town of Lake George.
One loading space for 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.
A parcel of land occupied or capable of being occupied by
a structure or structures, including such open spaces as are required
by this chapter.
The portion of a lot that is covered by the gross floor area
or surface area of all principal and accessory buildings, paved parking
lots and other nonpermeable surfaces.
A parcel of land at the junction of and fronting on two or
more intersecting streets.
An interior lot having frontage on two parallel or approximately
parallel streets.
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; any electric
substation, generating facility or maintenance building; and any water
or sewage pipes or conduits designed to service 50 or more principal
buildings.
Any waterfront facility which provides accommodation services for vessels by engaging in any of the following (see Article VII, § 175-54, Marinas, for additional standards):
The sale of marine products or services.
The sale, lease, rental or charter of vessels of any type.
The sale, lease, rental or any other provision of storage, wharf
space or mooring for vessels not registered to the owner of said facility,
or a member of the owner's immediate family.
The use of residential or association docks, wharfs or moorings
by the owner of the facility, or the owner's family for boats belonging
to the owner, or lessee, of the property in question.
The fixed annual mean high-water elevation of 320.2 feet
above the mean sea level of Lake George, commonly referred to as the
shoreline.
An elevation of 317.74 feet above mean sea level as identified
on the Rogers Rock Gage.
Any extraction, other than specimens or samples, of 50 or
more cubic yards in any 24 consecutive months, from the land of stone,
coal, 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.
Any mine hoist; ore reduction, concentrating, sintering or
similar facilities and equipment; administrative buildings; garages;
or other main buildings or structures.
A parcel of land planned and improved for the placement of
two or more mobile or manufactured homes for continuous occupancy.
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, but excluding modular homes. Mobile or manufactured
homes used for commercial purposes will be treated as commercial uses.
Buildings used to promote the sale of lots or dwelling units
located in the project being constructed or marketed by the developer
or agent.
Any building comprised of two or more components, with or
without their 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.
Any anchor, chain, buoy, pennant or other object by which
a vessel is secured at one point.
Leasing, renting or making a mooring available to any person
for a fee or any form of compensation, or a mooring used for any commercial
purposes.
A privately owned mooring, which is not used for commercial
purposes and/or is not rented.
All vehicles propelled or drawn by power other than muscular
power, originally intended for use on public highways.
The sale of any vehicle propelled or drawn by power, other
than muscular power, that can be registered by a state department
of motor vehicles.
A natural or artificially created layer of plant residue
or other materials, such as sand or paper, on the soil surface, which
reduces erosion, maintains soil moisture and facilitates seed germination.
Any building used or designed as a residence for three or
more families, living independently of each other and doing their
own cooking therein, including but not limited to apartment houses,
townhouse developments, certain condominium developments and the conversion
of existing single-family dwellings.
The Town of Lake George.
The official list, established by the National Historic Preservation
Act, of sites, districts, buildings, structures and objects significant
in the nation's history of whose artistic or architectural value is
unique.
A strip of natural vegetation intended to protect the physical
integrity of the stream ecosystem, provide distance between upland
development and the stream or river, prevent flood damage and bank
erosion, provide habitat, and enhance water quality.
An area of a community with characteristics that distinguish
it from other community areas and which may include distinct ethnic
or economic characteristics, schools or social clubs or boundaries
defined by physical barriers such as major highways and railroads
or natural features such as rivers.
Any legally created lot of record on the first date of adoption
of this chapter which does not meet the minimum lot area and/or lot
width requirements of this chapter for the zoning district in which
such lot is situated, and for which the owner of May 22, 1973, did
not own adjoining land.
Any use which is lawfully in existence within a given zoning district on the first date of adoption of this chapter, but which is not a permitted principal, permitted accessory or special use for that zoning district, as listed in Schedule I of Article IV hereof,[7] or a use for which a use variance had previously been
granted.
Any source from which pollutants are or may be discharged
which is not a point source.
A prospectus as required by § 352-e of the General
Business Law.
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.
Any parcel or area of land or water, essentially unimproved
and set aside, dedicated, designated, or reserved for public or private
use or enjoyment.
Any recreation use particularly oriented to and utilizing
the outdoor character of an area, including a snowmobile trail, trail
bike, jeep or all-terrain vehicle trail, cross-country ski trail,
hiking and backpacking trail, bicycle trail, horse trail, playground,
picnic area, public park, public beach or similar use. A use involving
the filling of wetlands or substantial construction or land disturbance
is not an open space recreation use.
Any parcel of land or area of land or water essentially unimproved.
Any person who has regular control of a device or site, including
but not limited to the owner of a freehold of the premises, or any
lesser estate therein, or an agent or lessee of such person.
Any place, lot, parcel or yard used in whole or in part for
storing or parking six or more motor vehicles under the provisions
of this chapter.
For the purpose of this chapter, one parking space shall
constitute an area 10 feet wide by 18 feet long, having an overall
area of 180 square feet and having the necessary vertical clearance
to accommodate an automobile.
A tract of land with or without a variety of recreational
facilities, designated and used by the public for active and passive
recreation. These uses may include the construction of structures
and more than minimal land disturbance.
The maximum instantaneous flow of water from a given condition
at a specific location.
Ground surface through which water can percolate in a natural
manner. Said ground surface could be undisturbed natural terrain or
landscaped area with unpaved surfaces.
Any individual, partnership, company, public or private corporation,
association, firm, organization political subdivision, governmental
agency, municipality, trust, estate, group of individuals or any other
legal entity, except the State of New York.
Establishments primarily engaged in providing services involving
the care of a person or his or her apparel.
A vessel which uses an inboard motor powering a water jet
pump as its primary source of motive power and which is designed to
be operated by a person sitting, standing, or kneeling on, rather
than in the conventional manner of sitting or standing inside the
vessel.
A porous paving product designed to allow water to pass through,
but made to endure traffic by vehicles and pedestrians.
A portion or component of a dock or wharf.
A long slender column usually of timber, steel or reinforced
concrete driven into the ground vertically to support an open-type
wharf.
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.
The condition caused by the presence in the environment of
substances of such character and in such quantities that the quality
of the environment is impaired or rendered offensive to life.
The structures and practices used in reducing contaminants
from point and/or nonpoint sources.
Open graded paving material, which allows water to pass through
it.
Those site conditions which legally existed prior to the
commencement of any activity regulated herein.
Any of the following: single-family dwelling; mobile home;
tourist cabin or similar structure for rent or hire involving 300
or more square feet of floor space; each dwelling unit of a multiple-family
dwelling; a commercial or industrial use structure in excess of 300
square feet; and any other structure which exceeds 1,250 square feet.
In addition, each motel unit, hotel unit or similar tourist accommodation
unit which is attached to a similar unit by a party wall, each accommodation
unit of a tourist home or similar structure and each tourist cabin
or similar structure for rent or hire involving less than 300 square
feet of floor space will constitute 1/10 of a principal building.
An accessory structure will not be considered a principal building.
In addition, 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 a single
principal building.
The main or primary purpose for which land or a building
is used or occupied or maintained. Where more than one use is on a
lot, the more or most intense shall be considered the main or primary
use.
Office used to conduct a professional occupation. A professional
occupation is one which is engaged in professional services, including
but not limited to all members of the field of medicine, a lawyer,
an architect, engineer, surveyor, real estate broker, accountant,
stockbrokers, corporate headquarters, and beauty salons.
Any land use or development activity proposed by an applicant
which requires a permit or variance from the Town of Lake George,
and/or which is subject to the erosion, sedimentation and stormwater
runoff control supplementary regulations contained herein.
The anticipated or actual time span that a project will be
used, utilized or remain in functional existence.
Any college, school, hospital, animal hospital, municipal
building, library, place of worship, museum, research center, rehabilitation
center or similar building.
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 jurisdiction of the Public Service Commission pursuant to Article VII of the Public Service Law.
A commercial facility, located within a marina, where vessels
are stored, launched and stored again individually for periods of
less than one week at a time.
The rate at which rain is falling at any given instant, usually
expressed in inches per hour.
A widely accepted method for calculating stormwater runoff,
volume and rates of flow for watershed areas up to 20 acres.
An imaginary line along the ground surface, which separates
the real property owned by one person from that owned by another person,
and the vertical extension of such line.
Recreational facilities open to the general public for private
gain enclosed within a building, including but not limited to billiard
and pool halls, bowling alleys, gymnasiums, skating rinks, swimming
pools, tennis, handball, racquetball, and basketball courts.
Recreational facilities supplemental to a principal use for
the utilization by proprietors and guests, and excluding any use which
is open to the public for a charge.
Any vehicle which is propelled by any power other than muscular
power that is designated for or capable of off-road travel, such as
a motorcycle, all-terrain vehicle (ATV), trail bike, minibike or a
snowmobile. A recreational vehicle is also classed as a motor vehicle
when such recreational vehicle is operated or driven upon a public
highway.
Any activity which alters a previously developed site.
Any vehicle which is either designed to be used or is used
to compact and transfer refuse, garbage or trash.
All building, construction, land clearing, land disturbances,
tree cutting, disturbances to steep slopes, subdivision of land, and
any time there is a change in the use of a structure or the intensity
of the permitted use of a structure.
The use of a residential dwelling/premises as a rental property, whether long-term or short-term. Use of a residential dwelling/premises as a short-term rental (less than 30 days) requires a residential rental permit (see § 175-52).
The use or structure or parts thereof as a dwelling.
A place for the preparation, serving and consuming indoors
of food and beverages, other than a tavern, for profit.
A place where goods or products are rented or sold outdoors.
The offering, for a fee, of goods and merchandise, excluding
restaurants, to the general public and where the providing of services
is clearly incidental to the sale of such goods or merchandise.
A wall to maintain differences in ground elevation by holding
back a bank of material.
The practice of holding or directing stormwater, except that
portion evaporated or bypassed in an emergency, in or to a given area
so that all the stormwater will be infiltrated into the subsoil.
A recharge basin which is designed to infiltrate all of the
stormwater it receives and which normally has no outflow.
The natural or planted replacement of vegetation on a project
site to reduce erosion, decrease runoff, improve water quality and
improve aesthetic qualities of exposed soils.
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.
A chart used for measuring the opacity of smoke, as published
by the United States Bureau of Mines in Information Circular No. 7718.
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, groundwater, snowmelt, stormwater
and/or seepage.
Those structures and/or devices, including but not limited
to dry wells, porous pavements, ditches, wetlands, holding ponds,
recharge areas and retention/detention basins, which recharge groundwater
and provide for peak flow attenuation.
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.
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, extracted
over 24 successive calendar months. If the location of extraction
is within 50 yards from a waterbody, then private sand, gravel or
topsoil extraction shall be prohibited. The term "waterbody" shall
be interpreted as defined in this chapter and the regulations contained
herein. Private sand, gravel and topsoil extraction shall not include
transport of the extracted material off the owner's land, the processing
of the extracted material, or a cement or asphalt plant.
Any building, site or place used for the cutting or milling
of logs into dimensional lumber. This definition shall not include
a temporary portable sawmill.
A sawmill for use by an owner on his or her property. Use
of this equipment for more than a period of four consecutive months
shall be subject to site plan review.
Foliage, mounds, 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.
Refers to a use that occurs only during the period May 1
through October 31.
A wall located at or below the Lake George Mean High Water
Mark intended to maintain a difference in ground elevation by holding
back a bank of material/soil from Lake George and/or its shoreline.
This does not include retaining walls defined elsewhere in this chapter
that are not along the shoreline.
Eroded soil particles which are transported by wind or water.
The process by which sediment is deposited in streams or
lake bottoms.
The removal of single or scattered trees of any size, resulting
in the appearance of the land area as not having been substantially
disturbed.
Any facility that is designed and used for storage space
by various rental occupants who each have access to a secure section
they lease for the purpose of storing and removing personal property.
The tenant or occupant of the self-storage facility has care, custody
and control of his/her stored goods and the lessor or landlord is
not responsible for ordinary negligence which results in damage to
the stored goods.
Any occupied property or, if a condominium, apartment house,
duplex or attached business, within any adjoining unit; or place of
business which is affected adversely by noise.
The State Environmental Quality Review Act;[8] a process that introduces the consideration of environmental
factors into the early planning stages of actions in order to avoid
adverse impacts on the environment.
The established line beyond which no part of a building shall
extend.
That line at which land adjoins the waters of lakes, ponds,
rivers and streams within the Town at the mean high-water mark.
The distance, measured along the mean high-water mark, between
the boundary lines of a lot as they intersect the shoreline of any
lake or pond or any river or stream navigable by boat, including canoe.
The shortest distance, measured horizontally, between any
point of a building or structure (except docks and boathouses) and
the shoreline of any lake or pond or any river or stream navigable
by boat, including canoe.
Includes every sign, billboard, freestanding sign, portable
freestanding sign, wall sign, window sign, illuminated sign and temporary
sign, and shall include 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
is placed on the premises on which the businesses are conducted so
that it is clearly visible to the general public from an out-of-doors
position.
That portion of the advertising surface of a sign, measured
from the outside dimensions thereof, on which any name, text, device,
signal, ornament or advertising matter is displayed or visible. A
sign having more than one face or advertising surface or a group of
connected or related signs shall be deemed only one sign and shall
have the total sign area of all such surfaces; provided, however,
that if a sign is lettered on both sides, back to back, only one side
shall be included as the total sign area thereof.
That area or region important in fulfilling the daily or
seasonal habitat requirements of any species of plant or animal designated
as endangered, threatened, rare or of special concern by the Department
pursuant to ECL §§ 11-0535 and 9-1503 and the Department's
regulations thereunder, or by any individual species or any group
or natural community of nonlisted plants and animals of significant
economic, recreational, aesthetic, ecological or scientific importance.
A structure designed to trap sand and silt-sized particulate
matter from stormwater.
A building 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.
One or more rooms designed or intended for occupancy as separate
living quarters, with cooking, sleeping and sanitary facilities provided
within each unit for the exclusive use by a person or persons of a
single household unit or family. This term excludes any units associated
with tourist accommodations.
The location of a structure or proposed development or potential
building lot.
An area developed for cross-country skiing including groomed
and ungroomed trails and which may include ski rental and sales, instruction,
and eating facilities. This use shall not include overnight accommodations.
The degree of deviation of a surface from the horizontal,
usually expressed in percent or degrees.
A power generating system designed to produce electrical energy by converting solar energy directly into electrical energy by means of photovoltaics, consisting of several components including solar panels, a solar inverter, frame and mounting system, cabling, and other electrical accessories. Photovoltaic systems, which include, but are not limited to, roof-mounted arrays, small-scale ground-mounted systems and large-scale ground-mounted solar farms, are subject to the applicable provisions in this chapter, including Article V, § 175-25, Renewable and alternative energy.
A large-scale, ground-mounted solar energy system designed to supply more than 50kW of electrical power directly to a commercial or industrial user for its own operations or to a utility company for sale to its customers through the regional electrical grid. Solar farms are subject to the applicable provisions in this chapter, including Article V, § 175-25, Renewable and alternative energy.
A solid-state electrical device which absorbs incident sunlight
and converts it directly into electrical energy; most typically a
photovoltaic (PV) module.
A smaller-scale solar energy system designed to supply up to 50kW of electrical power to on-site residential or commercial buildings and/or operations, and/or to proximate buildings. Solar, ground mounts are subject to the applicable provisions in this chapter, including Article V, § 175-25, Renewable and alternative energy.
Any wharf constructed of or on fill materials, such that
lack of spacing in the fill restricts the free exchange of water from
one side of the wharf to the other.
The quantity in decibels measured by a sound-level meter
satisfying the requirements of American National Specification for
Sound-Level Meters 51.4 1971. This publication is available from the
American National Standards Institute, Inc., 1430 Broadway, New York,
New York, 10018. Sound level is the frequency-weighted sound-pressure
level obtained with the standardized dynamic characteristic fast or
slow and weighting A, B and C; unless indicated otherwise, the A-weighting
with a slow response is understood.
An instrument, including a microphone, an amplifier, an output
meter and frequent-weighing network for the measurement of sound levels.
Sound-level meters shall conform to the requirements of ANSI specifications
for sound-level meters 51.4.1971, Types 1,2, 51a or S2a.
Twenty times the logarithm to the base 10 of the ratio of
the root mean squared pressure of a sound to a reference pressure
of 20 micropascals. The unit applied to this measure shall be the
decibel (dB).
The proper placing, grading and/or covering of soil, rock
or earth to ensure their resistance to erosion, sliding or other movement.
An enclosed accessory structure designed to be stationary
and intended for the storage of materials or equipment which supports
the use of the principal structure on the property. This term does
not include: (1) storage "pods" or similar storage containers, (2)
shipping containers such as those used on cargo ships or similar containers,
or (3) trailers used with truck-tractors regardless of whether the
truck-tractor is attached; none of items (1) through (3) is allowed
for the purpose of storage within the Town of Lake George.
An enclosed container mounted on a frame which has wheels
and is either self-propelled or is adapted for towing by a powered
vehicle and which is intended and approved for use on public roads.
The load floor of a storage trailer sits between the wheels and below
the tops of the wheels. This definition excludes: (1) storage "pods"
or similar storage containers, (2) shipping containers such as those
used on cargo ships or similar containers, and (3) trailers used with
truck-tractors regardless of whether the truck-tractor is attached.
The primary purpose of a storage trailer is the transportation and
temporary storage of goods, supplies, or equipment for a commercial
use or residential use. This term is not intended to include open
trailers that transport or store boats, snowmobiles, motorcycles,
personal watercraft or similar recreational vehicles.
A business for hire in which a warehouseman, as defined in
Section 7-102 of the Uniform Commercial Code of New York State, takes
possession of goods and is responsible for the care and control of
the stored goods. Goods stored for hire shall be completely enclosed
within a building and may include boats, motorcycles, jet skis, or
similar recreational vehicles. "Storage, commercial" shall be differentiated
from "self-service storage facility" in that commercial storage involves
the conscious creation of a bailment between the bailor and bailee,
as defined in the Uniform Commercial Code of New York State.
All structural works and ground 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.
Water produced by precipitation, including snowmelt, which
does not evaporate and which flows over a natural or human-made surface
or into a natural or human-made channel.
A report prepared in accordance with Chapter 148 of the Code of the Town of Lake George or on behalf of a project sponsor, which includes analysis of a site's environmental characteristics, potential impacts of the development on water resources and the effectiveness and acceptability of the proposed stormwater management system in order to determine the types of stormwater measures necessary for the proposed development.
All those natural and man-made structures, infiltration devices,
erosion controls, systems, facilities, agreements, institutional arrangements
and financial provisions to manage stormwater, including but not limited
to any of the following: dry wells, pits of crushed rock, infiltration
trenches, retention ponds, detention ponds, blind ditches, swales,
pipes, culverts, natural depressions, porous paving, recharge areas
and basins.
A report prepared in accordance with Chapter 148 of the Code of the Town of Lake George or on behalf of a project sponsor which evaluates the quantity and quality of stormwater runoff resulting from the proposed project. The report shall include a set of drawings and other documents to provide all the necessary information and specifications pertaining to stormwater management and associated pollution control for a particular site. The SCR is intended to implement the SCP.
The written narrative, maps and diagrams prepared for the
purpose of runoff control on a specific development site, based upon
survey and analysis of the site.
For quantitative control, a system of vegetative and structural
measures that control the increased volume and rate of surface runoff
caused by human-made changes to the land.
For qualitative control, a system of vegetative, structural
and other measures that reduce or eliminate pollutants that might
otherwise be carried by surface runoff.
An agreement between the project sponsor and some other entity
to ensure adequate maintenance and repair of the stormwater management
system over the life of the project.
A local stormwater management plan adopted by a municipality
pursuant to this section and ECL § 43-0112.
An area of land used for the purpose of infiltrating stormwater.
A local stormwater regulatory control program adopted by
a municipality pursuant to 6 NYCRR 646-4 and ECL § 43-0112.
Any surface water runoff or runoff in channels which results
directly either from a rainstorm or from the melting of snow.
Includes any permanent or intermittent watercourse.
That area within 100 feet of the high-water mark of any stream
or river protected and/or regulated by New York State Department of
Environmental Conservation, or wetlands adjacent thereto.
A public or private way which affords the principal means
of access to abutting properties, including any highway.
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.
Any object constructed, installed or placed on land to facilitate
land use and development or subdivision of land, such as buildings,
sheds, single-family dwellings, mobile homes, signs, tanks, fences
and poles, docks and any fixtures, additions and alterations thereto.
An identifiable drainage area contained within a larger watershed
or drainage area.
A division of land into two or more lots, parcels or sites,
whether adjoining or not, for the purpose of sale, lease, license
or any form of separate ownership or occupancy by any person or by
any other person controlled by or under common control with any such
person or any group of persons acting in concert as part of a common
scheme or plan. 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. The term includes any map, plot or
other plans, whether or not previously filed. It also includes any
grading, road construction, installation of utilities or other improvements
or any other land use or development preparatory or incidental to
such activity. It does not include the lease of land for hunting or
fishing and other open space recreational uses.
Water which flows over the land and does not percolate into
the soil, and which may run off as a sheet, rill or stream flow.
A structure, either permanent or temporarily designed, for
the purpose of wading or swimming and holding more than 100 gallons
of water, open to the general public for private gain. A swimming
pool is a permitted accessory use at locations providing tourist accommodations.
A structure, either permanent or temporary, for the purpose
of wading or swimming and holding more than 100 gallons of water,
located in the yard of a single-family dwelling, two-family dwelling
or multiple-family dwelling. Pools located in the front yard of a
property must be properly screened by an opaque fence or continuous
landscaping at least four feet in height and which completely blocks
the view of the pool and users of the pool from adjacent properties
and/or roadways and public places.
A place in which the principal income is derived from the
sale or serving of alcoholic beverages for consumption on the premises,
with or without live entertainment.
Any commercial equipment used in connection with the provision
of wireless communication services, including cellular telephone services,
personal communication services, radio and television broadcasting
services, and are regulated by the Federal Communications Commission,
both in accordance with the Telecommunications Act of 1996 and other
federal laws.
Any ground-mounted pole, spire, or combination thereof, including
supporting lines, cables, wires, braces and masts built for the purpose
of mounting a telecommunications facility which is capable of receiving
and/or transmitting signals.
The cutting of trees over six inches in diameter at 4.5 feet
above ground level.
The cutting of 50% or more of trees of at least four inches
(dbh) measured on a five-acre property or greater. Commercial timber
harvest proposals are required to go for site plan review, for which
the applicant(s) must submit to the Planning Board harvest/forest
management plans, and all applicable documents as required by the
Planning and Zoning Office such as a land use and development permit,
a Warren County soil and water conservation plan, and any applicable
NYSDEC permits.
The time required for water to flow from the most remote
point of a watershed, in a hydraulic sense, to the outlet.
An individual sleeping unit that is located within a tourist
accommodation. Suites consist of two or more sleeping units. For zoning
purposes, two single or twin beds or one large queen or king bed shall
equal a single tourist accommodation unit.
A building or group of buildings, for both indoor and outdoor activities, whether detached or in connected units, used as individual or group sleeping or temporary dwelling units, designed for or utilized by transients and providing for accessory off-street parking facilities. The term "tourist accommodations" includes buildings designated as tourist courts, motor lodges, motel, hotel, and overnight cabins. Accessory uses, including pools and tennis courts, are permitted. This use does not include condominium or multiple-family dwelling complexes. Retail uses are permitted as accessory uses, provided they meet the definitions of "accessory structure" or "use." Tourist accommodations are subject to the applicable provisions in this chapter, including Article VII, § 175-52, Tourist accommodations.
Any man-made or natural place of interest open to the general
public and for which an admittance fee is usually charged, including
but not limited to animal farms, amusement parks, replicas of real
or fictional places, things or people and natural geological formations,
booths and structures for conducting games and entertainment, including
horseback riding, swimming, tennis, miniature golf, arcades, food
and mechanical rides.
A building or group of buildings which contain individual sleeping units and/or temporary dwelling units the owner(s) of which sell one or more fractional ownership interests in, or the right to annually occupy, each such sleeping and/or dwelling unit for part or all of the year, and such fractional ownership or rights of annual occupancy extend over a period of years. Such building or group of buildings is typically on a property which has (or has access to) various amenities such as, but not limited to, tennis courts, a swimming pool, exercise facilities, a lake or other body of natural water, etc., so as to comprise what is commonly referred to as a "resort." Depending on how the building or buildings are managed, the sleeping/dwelling units may be available for rental to the general public when not occupied by their owners or others who hold the rights to occupy them. Tourist time-share projects shall be subject to the applicable sections of this chapter including Article VII, § 175-52, Tourist accommodations.
A multiple-family dwelling project of individual single-family
units arranged in a row of at least three such units each on its own
separate lot of record and wherein each unit has its own front and
rear access to the outside, no unit located over another unit and
each unit is separated from any other unit by one or more common walls.
An individual single-family dwelling unit within a townhouse
development.
A nonmotorized piece of equipment that is propelled or drawn
by a vehicle propelled by power. A trailer shall include a storage
trailer, travel trailer, utility trailers, and trailers used to transport
or store a boat, snowmobile, motorcycle, personal watercraft or similar
recreation vehicle. See definitions of "boat storage, commercial"
and "boat storage, private."
A temporary dwelling unit for an individual or a family group
designed for highway transportation without a special oversize permit.
Any lot or parcel of land upon which two or more travel trailer
sites are located, established or maintained for occupancy by travel
trailers of the general public as temporary living quarters for recreation
or vacation purposes.
A privately owned forest managed for timber production, certified
by the American Tree Farm System. Tree farms are still required to
submit to the Planning and Zoning Office harvest/forest management
plans, and all applicable documents as required by the Planning and
Zoning Office that are needed for site plan review, including but
not limited to a Warren County soil and water conservation plan, soils
mapping, BMPs, and any applicable NYSDEC permits.
A building, also known as a duplex, on a single lot containing
two single-family dwelling units. A two-family dwelling is considered
a multiple-family dwelling for purposes of regional project jurisdiction.
Any excessive or unusually loud sound which either annoys,
disturbs, injures or endangers the comfort, repose, health, peace
or safety of a reasonable person of normal and ordinary sensitivities.
The authorization by the Zoning Board of Appeals for the
use of land in a manner which is not allowed by the dimensional or
topographical requirements of this chapter.
The authorization by the Zoning Board of Appeals for the
use of land in a manner or for a purpose which is otherwise not allowed
or is prohibited by this chapter.
Any description of watercraft, other than a seaplane, used
or capable of being used as a means of transportation on the water.
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. The definition includes the
term "veterinary hospital."
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.
The upper surface or top of the saturated portion of the
soil or bedrock layer, indicating the upper extent of groundwater.
Any lake pond, river, stream, intermittent stream or wetland.
The total drainage area contributing runoff to a single point.
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.
Any land which is annually subject to periodic or continual
inundation by water and commonly referred to as a "bog," "swamp" or
"marsh," which are either one acre or more in size or located adjacent
to a body of water, including a permanent stream with which there
is a free interchange of water at the surface, in which case there
is no size limitation.
Any structure or device built or used as a berthing place
for vessels, including any dock, pier, pile, lateral projection, walkway,
quick-launch facility, or structure or area used for the dry storage
of vessels as part of a quick-launch facility.
Leasing, renting or making a wharf or mooring available to
any person for a fee or any form of compensation.
A privately owned wharf, which is not used for commercial
purposes and is not rented.
Establishments or places of business primarily engaged in
selling merchandise to retailers, industries, commercial institutions
or professional business users or to other wholesalers; or acting
as agents or brokers and buying merchandise for or selling merchandise
to such individuals or companies.
An open unoccupied space on the same lot with a building
or structure.
An open unoccupied space on the same lot with the principal
building, between the front line of the principal building and the
front line (street right-of-way line) of the lot and extending the
full width of the lot. Properties adjacent to the lake shall have
their front yard facing the lake. Shoreline setback requirements shall
apply.
A space on the same lot with the principal building, between
the rear line of the principal building and the rear line of the lot
and extending the full width of the lot. Properties adjacent to the
lake shall consider the rear yard to be the space between the principal
building and the street right-of-way line.
An open unoccupied space on the same lot with the principal
building, situated between the side line of the principal 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.
Also known as the Planning and Zoning Director, the Zoning
Officer is in charge of the Planning and Zoning Office and is responsible
for administration of this chapter, as well as making determinations,
completing plan review, and assisting the Planning Board and Zoning
Board of Appeals.
[1]
Editor's Note: See § 800 et seq. of the Executive
Law.
[2]
Editor's Note: Said appendix is included as an attachment to this chapter.
[3]
Editor's Note: Said appendix is included as an attachment to this chapter.
[4]
Editor's Note: Said document is on file in the Town offices.
[5]
Editor's Note: Schedule I, Use Controls, is included as an attachment to this chapter.
[6]
Editor's Note: Said schedule is included as an attachment to this chapter.
[7]
Editor's Note: Said schedule is included as an attachment to this chapter.
[8]
Editor's Note: See Article 8 of the Environmental Conservation
Law.
