The following uses, in addition to conforming to all the regulations of this chapter, shall meet the minimum standards set forth in this article.
[Amended 10-19-2020 by L.L. No. 4-2020]
A. The minimum lot area necessary per each individual dwelling unit shall be the minimum lot area in Schedule II of Article
IV hereof for the zoning district in which the multiple-family dwelling is to be located, provided that in the RH Zoning District the minimum lot area shall be 15,000 square feet per unit, and in the RCH-LS Zoning District the minimum lot area shall be 20,000 square feet. Each side yard shall be 30 feet or the height of the building, whichever is greater.
B. Provided that the following standards can be met, the minimum lot area necessary per each individual dwelling unit can be half the minimum lot area in Schedule II of Article
IV hereof for the RCH and TC-A Zoning Districts, only if within the APA Hamlet Land Use Classification. In addition, provided that the following standards can be met, in the RCH-LS Zoning District, the minimum lot area per unit can be 15,000 square feet. This subsection shall not apply to the RH, RM-1, RM-2, RCM-1 and RCM-S2 Zoning Districts.
[Amended 3-27-2023 by L.L. No. 1-2023]
(1) Each side yard shall be 30 feet or the height of the building, whichever is greater.
(2) Reduction of maximum lot coverage by 15% from the required maximum lot coverage of the underlying zoning district.
(3) The lot to be developed with multiple-family dwellings must have the required minimum lot size of the underlying zoning district. No substandard lots can utilize this increased density allowance.
(4) Low-impact development and green infrastructure principles are encouraged for stormwater control systems.
(5) Enhanced treatment septic systems shall be required for those properties not connected to public sewer.
(6) The multifamily dwellings cannot be used as short-term residential rentals, as defined by this chapter.
(7) Some level of public benefit is required from the use of double density provisions. That could include, but not be limited to, workforce housing, elderly housing or assisted living, a 50% unit proportionality of market-rate housing, dedicated public infrastructure extensions or other similar public benefits identified and approved of by the Planning Board.
C. Approval of water and sewage disposal shall be in accordance with Town of Lake George Code Chapter
115 and/or Chapter
136 and shall be in writing from the Village Water and/or Sewer Department head. Larger community water and sewer systems shall be compliant with New York State regulations for water and sewer for multifamily dwellings, and obtain the applicable permits required by NYS DOH and DEC.
D. Lots for individually owned townhomes and condominiums. Lots that are created through subdivision of land intended for townhomes and/or condominium use, where each unit and/or building is separately owned, must proceed through the subdivision process and adhere to all provisions identified in Chapter
175, Zoning. Exceptions to this provision are for subdivisions creating lot lines surrounding individually owned townhome/condominium units for sale, in which case the a) yard setback requirements, b) minimum lot size requirements, and c) lot coverage requirements in Schedule II shall not apply to those individual unit lots. Setbacks from the overall common parcel to the building envelopes and overall lot coverage for the development must be adhered to, as well as the zoning district's density requirements as mentioned in Subsection
A or
B above.
[Amended 3-27-2023 by L.L. No. 1-2023]
[Amended 10-19-2020 by L.L. No. 4-2020]
The minimum lot requirement for a single two-family dwelling on one lot shall be the same as that which is required for a single-family dwelling in the RCH, RH and RCH-LS Zoning Districts. The yard requirements shall be in accordance with Schedule II for single-family residences. Approval of sewage disposal shall be in accordance with Town of Lake George Code Chapter
115 and/or Chapter
136 and shall be in writing from the Village Water and/or Sewer Department head. In all other zones, where permitted, two-family dwellings will require twice the lot size of a single-family dwelling in said zoning district.
Motels, hotels, tourist time-share projects, housekeeping cottages, and other tourist accommodations shall be subject to the following additional requirements:
A. Purpose. The purpose of this section is to promote the health, safety and general welfare of the residents of the Town of Lake George, to ensure tourism accommodations are developed and redeveloped in harmony with the surrounding neighborhood and natural environment, and to provide a degree of flexibility to existing tourism accommodations seeking to redevelop their facilities.
B. Use of residences for short-term
rentals. The ability to obtain a short-term residential
rental permit is a privilege and not a right. Residential property owners may use their dwellings for short-term
rentals (30 days or less) after applying for and obtaining a residential
rental permit from the Planning and Zoning Office for a fee identified in the Fee Schedule, Chapter
75. Residential property owners who want to rent their dwellings out for a period longer than one month at a time may do so without a residential
rental permit. The residential
rental permit must be renewed with the Planning and Zoning Office on an annual basis and is due by June 1 of each calendar year. Late renewals accepted past June 1 will be charged double the cost of the renewal fee identified in Chapter
75. Short-term residential
rentals shall be prohibited in the RS-1, RSH, RM-1, RM-2, RH, RR and LC Districts.
[Amended 2-10-2020 by L.L. No. 1-2020; 11-16-2020 by L.L. No. 6-2020; 3-27-2023 by L.L. No. 1-2023]
(1) The owner of the rental property assumes responsibility for the health, safety, and welfare of the renter(s) by assuring compliance with the appropriate fire prevention and building codes, sanitary codes, and local Town of Lake George Zoning Code.
(2) The owner of the rental property assumes responsibility for the conduct of the tenants so as to protect the health, safety, and welfare of the surrounding property owners and to protect the property values of the neighborhood.
(3) The rental premises must have adequate parking, garbage facilities, occupancy, septic capacity, and a local emergency contact, as determined by the provisions in this Code and by determination of the Zoning Officer. If the Zoning Officer determines any of these requirements are not adequately addressed, or that the residential rental is in a location that may pose adverse impacts, site plan review may be required.
(a) Smoke detectors. Each rental dwelling shall be equipped with a functioning smoke detector and carbon monoxide monitor, in compliance with the New York State Uniform Fire Prevention and Building Code.
(b) Septic systems. All on-site septic systems shall be clearly identified to prevent damage from cars parking or installation of equipment. Additionally, short-term rentals with inadequate septic systems, as determined by the Zoning Officer, will have reduced occupancy limitations set by the Zoning Officer and based on the capacity of the septic system that services the short-term rental, based on bedroom count and two people per bedroom.
[1] Septic noncompliance sunset clause. Any permits issued to short-term residential
rentals prior to the adoption of Local Law 1-2020 with occupancy higher than the identified septic capacity will have occupancy limits recalculated based on §
175-52B(3)(b) within one calendar year of the adoption of this subsection.
(c) Occupancy limitation. A short-term rental permit requires the completion of a property maintenance inspection by the Warren County Building Codes and Fire Prevention Office. Occupancy limitation is based on the number of bedrooms in the short-term rental and/or the square footage of livable space in the short-term rental and is calculated by Warren County Building Codes and Fire Prevention during their property maintenance inspection, as required by this section and by the short-term rental permit. Additionally, short-term rentals with inadequate septic systems, as determined by the Zoning Officer, will have reduced occupancy limitations set by the Zoning Officer and based on the capacity of the septic system that services the short-term rental, based on bedroom count and a maximum of two persons per bedroom.
(d) Requirements of owners of rental property. All owners of short-term rental property shall maintain, at the premises to be rented, the signed residential rental permit, which contains information on emergency contact persons, relevant septic system information, trash disposal information, occupancy limitations (including duration limit for short-term rentals and minimum lengths of stay for rentals over 30 days in duration), and any other pertinent information relevant to use or restrictions of the property.
(e) Parking. All owners of short-term rentals shall require at a minimum two parking spaces for the renters of the property. For every four allowable renters for a short-term rental, there shall be a minimum of one additional parking space (i.e., a rental property with 12 renters allowed must have three spaces). In no case shall the rental property allow for more than 10 cars to be parked at the property.
(4) Each residential rental shall, at a minimum, comply with New York State Property Maintenance Code Section 404.1 pertaining to minimum square footage requirements per person and shall not exceed occupancy limits enforced by Warren County Building Codes and Fire Prevention.
(5) Change of use. Residential property owners utilizing their property for short-term residential rentals who have an approved license for such use will be considered similarly to "tourist accommodation" type uses. As such, those property owners with residential rental licenses will be subject to occupancy tax requirements.
(6) Grandfathering of preexisting, nonconforming short-term residential rentals. Short-term residential rentals located in zoning districts where the use is no longer allowed but that were in existence and known (recorded) to the Planning and Zoning Office on or before the date of the adoption of this section shall be grandfathered and allowed to continue as a short-term residential rental, only if:
(a) The owner of said residential rental follows the same process for permitting of the short-term residential rental as described in this section.
(b) Any grandfathered short-term residential rental shall only be allowed to continue under the same property ownership as of the date of this section when the residential rental was grandfathered, or a trust or estate in the name of the original application holder held by direct descendents of the original application holder. Any change of ownership or changes in deeds to reflect new owners shall constitute a cancellation of the grandfathered short-term residential rental status.
(c) If the property to be grandfathered as a short-term rental is allowed to continue based on the above standards, said rental shall not accumulate more than three legitimate complaints on the property due to said rental, "legitimate" meaning a complaint that garners a violation of the Town Code or a follow-up response (not just a complaint) to the rental property from a police agency. Any grandfathered short-term residential rental that accumulates more than three legitimate complaints on the operation of the short-term residential rental shall have their grandfathered status withdrawn and the short-term residential rental shall cease.
(7) Violations. If any of the following situations arise at a permitted property for short-term rentals, it will constitute a violation.
(a) Overcrowding; excess number of people above and beyond what Warren County and/or the Planning and Zoning Office has determined is allowed or excess number of vehicles which was stated and agreed upon on the short-term rental permit. Advertising online for occupancy above and beyond what the approved occupancy limit was established at will also constitute a violation.
(b) Any septic violations; system failures of any kind.
(c) Violation of Town of Lake George noise ordinance (Chapter
108).
(d) Any instances the police authorities are called and show up at the permitted property, i.e., out of control parties, domestic disturbances, fighting, noise, etc.
(e) Any new fire code violations that arise after a permit is issued.
(f) Any violations of garbage/littering (Chapter
103) or what was agreed upon in the short-term
rental permit.
(g) Operating (renting, short-term) without a valid/current residential rental permit.
(8) Notice of violation; revocation of permit. The ability to obtain a short-term residential rental permit is a privilege and not a right. Upon a finding by the Zoning Officer or Code Enforcement Officer (CEO) that an applicant has violated any provisions of this chapter, the Zoning Officer or CEO shall give notice to the applicant to correct said operational violation within 24 hours of receipt of said notice by the applicant. Upon failure to correct said operational violation within 24 hours, or if three violations occur during a two-years period, the Zoning Officer or CEO may revoke the applicant's permit issued pursuant to this chapter. The Zoning Officer or CEO shall, in his/her sole judgment, give a violator reasonable time to repair any structural damage or physical violation of any provision of this chapter.
(9) Penalties for offenses; effect on eligibility for permit. Any person who violates any of the provisions of this subsection shall, upon conviction thereof, be subject to a fine not exceeding $1,000 and/or revocation of the applicant's permit issued pursuant to this chapter. Each day that such violation continues shall constitute a separate violation.
C. Development of new tourism accommodations.
(1) Minimum land area and size.
(a) The minimum land area necessary per each tourist accommodation unit in the Residential Commercial Medium Density (RCM-1) and Residential Commercial Medium Density (RCM-S2A, RCM-S2A) districts involving less than 500 square feet of floor space shall be 1/10 the minimum lot area in Schedule II of Article
IV hereof.
(b) The minimum land area for each tourist accommodation unit in the Residential Commercial Medium Density (RCM-1) and Residential Commercial Medium Density (RCM-S2A, RCM-S2A) districts having over 500 square feet in size shall be 1/8 the minimum lot area required in the zone in which it is located.
(c) There shall be no maximum tourist accommodation unit size requirements in the Residential Commercial High-Density (RCH), Residential Commercial High-High Density-Lake Shore (RCH-LS), and Tourism Commercial (TC-A and TC-B) districts. The minimum size requirement for a tourist accommodation unit size in these districts shall be 200 square feet.
(d) For every lot having one or more tourist accommodation units in the Residential Commercial High-Density (RCH), Residential Commercial High-High Density-Lake Shore (RCH-LS), and Tourism Commercial (TC-A and TC-B) districts, the maximum floor area ratio (FAR) for the entire lot shall be 0.3, if the lot(s) in question is located in the Hamlet on the Adirondack Park Agency's Map.
(2) On-site sewer disposal or wastewater systems for all tourism accommodation units shall meet the standards for motels as defined by the New York State Design Standards for intermediate sized wastewater treatment systems.
(3) No portion of a motel, hotel or other tourist accommodation building shall be closer than 75 feet to the shore of any lake or pond, except that if the building setback restriction for the zoning district is greater, such greater setback will be observed.
(4) Where a motel, hotel or other tourist accommodation has frontage on the shoreline of any lake or pond or river or stream navigable by boat, including canoe, the minimum required shoreline frontage shall be the greatest of the following:
(b) The minimum shoreline lot width for the zoning district in which the motel, hotel or other tourist accommodation is proposed to be located.
(c) The number of accommodation units multiplied by five feet.
(5) Accessory retail uses. Retail uses shall be permitted as accessory uses to tourist accommodations in the following districts: Residential Commercial Medium-Density, Residential Commercial High-Density, Residential Commercial High-Density — Lakeshore, and Tourist Commercial. Accessory retail uses shall be limited to 10% of the gross floor area of the principal tourist accommodation use and shall be located inside a building or structure and otherwise subject to site plan review.
(6) Floor space. Floor space for motels, hotels, tourist time-share projects, housekeeping cottages and other tourist accommodations shall be computed in the following manner:
(a) By using the outside dimensions of the building(s), calculate the area of the first floor of each building on the property containing tourist accommodation units.
(b) For each such building calculate the area within any walls four feet high or taller on all floors above the first, excluding the area of the opening for any stairway(s) leading to any upper floor.
(c) Closets and storage areas count as floor space if located in an area within four-foot walls or higher. For each such building make any required deductions to the figures calculated for Subsection
C(6)(a) and
(b) above for the area of closets and storage areas disqualified for inclusion.
(d) For basement areas below the first floor, finished basements count as floor space; unfinished basement areas do not. Basement space shall be considered to be finished if it is heated and contains walls and flooring suitable for use as bedroom, living room or playroom area. For each such building, add any such area to the sum of the areas for Subsection
C(6)(a) and
(b) after making any adjustments required by Subsection
C(6)(c).
(e) Finished attic space shall count as floor space, but unfinished attic space shall not be counted. Attic space shall be considered to be finished if it is accessible by a permanent stairway and includes flooring and walls. For each such building, add the area of any such finished attic space to the total arrived at in Subsection
C(6)(d).
(f) Add the floor area of all unattached or attached garages, porches, decks, etc., associated with each such building to the sum for such building calculated in Subsection
C(6)(e). Add the resulting floor areas for all such buildings. The result is the total floor space for the tourist accommodation use on the subject property.
D. Redevelopment of existing tourist accommodations.
(1) For all zoning districts, existing tourist accommodation uses may maintain the existing number of tourism accommodation units in existence at the adoption of this subsection only if the property meets the following performance standards:
(a) Meet or exceed the requirements of Chapter
148, Stormwater Management and Erosion and Sediment Control.
(b) Meet or exceed the setback requirements in §
175-76, Schedule II: Dimensional Requirements.
(c) Meet or exceed the parking requirements of §
175-33, Off-street parking requirements.
(d) Comply with or are less than the applicable lot coverage limits and limits on floor area ratios set forth in this chapter.
(e) Upgrade of on-site sewer disposal or wastewater systems to meet or exceed the standards for motels as defined by the New York State Design Standards for intermediate sized wastewater treatment systems.
(f) The inclusion of low-impact design (LID) and/or green infrastructure design practices as identified in the New York State Department of Environmental Conservation Stormwater Design Manual.
(g) Comply with conditions prescribed by the Planning Board during site plan review that are intended to preserve of the community character of the neighborhood and to protect surrounding natural resources. This may include measures to address potential noise, traffic, and visual impacts to neighbors. It may also include measures to address potential impacts to the natural topography, land cover, and habitat that are unique to the site.
(h) The Planning Board may partially or wholly waive the above performance standards if it finds by formal resolution that the proposed redevelopment will result in net benefit to the community and the environment. Prior to making such a determination, the applicant shall demonstrate the potential community and environmental benefits from the proposed redevelopment and the Planning Board shall hold a public hearing.
Commercial boat storage is a use which is allowed in zoning districts as identified in Schedule II, with site plan review and approval. When proposed on its own, commercial boat storage located in the Lake George Park shall be considered a marina by the Lake George Park Commission, and therefore is also subject to a LGPC review and marina permit. Limited boat storage associated with a year-round boat repair shop or boat sales business shall not be considered the primary use and shall be allowed as an accessory use as long as the number of boats stored is no more than 20, and as long as the boats are either housed in a structure or screened.
The use of trailers throughout the Town of Lake George shall conform to the following provision. Travel trailers shall be subject to Article
VII, §
175-53, Mobile home courts, campgrounds and travel trailer parks.
A. Intent. The Town of Lake George recognizes that the use of trailers has the potential to impact the aesthetics of residential and commercial environments. In an effort to preserve the aesthetics of these areas, the Town has enacted the regulations contained within this section.
B. Regulation.
(1) All trailers, regardless of the zoning district in which they are used, shall be located away from the front lot line and behind the front yard setback.
(2) In the RS-1, the RSH, and the RCH-LS Districts, trailers may not be located in the front yard and must be placed at least 25 feet back from the lot line, or be placed behind substantial vegetation or fencing, effectively screening the trailer from the road.
(3) Trailers used for private boat storage. Boats stored on boat trailers are exempt from the provisions in this section during the off season (Labor Day to Memorial Day), provided that they fall under the definition of private boat storage.
C. Compliance. The owner of the property on which the trailer(s) reside shall have 60 days from the date that these regulations are enacted to comply with this section.
Self-service storage facilities, where permitted by this chapter, shall conform to the following requirements:
A. Intent. The Town of Lake George, in an effort to provide an alternative to the use of storage trailers on commercial or residential properties, recognizes the need for self-service storage facilities. However, the Town also recognizes that such a use may have the potential to impact the aesthetics of surrounding land uses and therefore additional regulatory requirements are provided within this section.
B. Location of storage. Storage materials, including boats, vacant trailers, and recreational vehicles, shall be stored internally within the self-service storage facility.
E. Landscaping. Landscaping and buffering shall be provided in accordance with this chapter and Chapter
148, except that a C-type buffer as described in the Commercial Design Guidelines, Appendix I, shall be required for self-service storage facilities, as described in the landscaping and buffering provisions of the commercial design guidelines.
F. Lighting. Lighting shall be provided in accordance with the commercial design guidelines found in Appendix I of this chapter.
G. Height. A maximum ceiling height of 12 feet shall be permitted. Ceiling height shall be measured from the lowest point of finished floor to the ceiling.
H. Circulation and off-street parking. One parking space shall be provided for every 50 storage units. Driveways shall be designed so that there is at least 20 feet between rows of buildings.
I. Prohibited uses in self-service storage facilities.
(1) Auctions, commercial, wholesale, or retail sales, or miscellaneous or garage sales. Auctions shall not include auctions of property of delinquent occupants as provided for in the provisions of § 182 of the Lien Law of the State of New York.
(2) The servicing, repair, or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances, or other similar equipment. An exception is the aforementioned use by the facility owner.
(3) The operation of power tools, spray-painting equipment, kilns, or other similar equipment. However, the use of the aforementioned equipment by the facility owner shall be permitted to allow for the normal maintenance operations of the facility.
(4) The establishment of a transfer and storage business.
(5) Any use that is noxious or offensive because of odors, dust, noise, fumes, or vibrations.
(6) Use of the storage unit as living quarters or dwelling.
(8) Storage of any explosive or highly flammable material, hazardous to toxic goods.
The following regulations shall apply to travel trailers.
A. On property on which the principal use is a residential use, the following regulations shall apply:
(1) The travel trailer(s) must be registered to the owner of the property on which the travel trailer is situated.
(2) The travel trailer shall not be occupied by any persons for overnight use.
(3) The travel trailer must be located in the rear or side yard.
(4) The use of a travel trailer shall be prohibited on a vacant lot.
B. On property on which the principal use is a commercial use, travel trailers shall be prohibited unless that commercial use is a licensed travel trailer park.
Kennels shall be located on parcels of at least 10 acres. All dog runs or other areas in which dogs are kept must be located at least 200 feet from any property line.