Town of Hague, NY General Provisions

Editor's Note: See Executive Law § 800 et seq.

Editor's Note: Amended during codification (see Ch. 1, General Provisions, Art. II).

As used in this chapter, or in the appendixes thereto, unless the context otherwise requires, the following words shall have the meanings indicated:

ACCESSORY STRUCTURE

Any structure, or a portion of a main structure, customarily incidental and subordinate to and does not change the character of a principal land use or development. In no case shall living accommodations or associated plumbing be allowed in an accessory structure.

[Amended 11-10-1998]

ACCESSORY USE

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

ADIRONDACK PARK AGENCY ACT

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

ADIRONDACK PARK AGENCY OR AGENCY

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

ADIRONDACK PARK OR PARK

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

AGRICULTURAL SERVICE USE

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

AGRICULTURAL USE

Any management of any land for agriculture; raising of cows, horses, pigs, poultry and other livestock; horticulture or orchards; including the sale of products grown or raised directly on such land, and including the construction, alteration or maintenance of fences, agricultural roads, agricultural drainage systems and farm ponds.

AGRICULTURAL USE STRUCTURE

Any barn, stable, shed, silo, garage, fruit and vegetable stand or other building or structure directly and customarily associated with agricultural use. This term shall also include any milk-processing plant, feed storage facility, farm machinery sales or service facility, agricultural product storage or processing facility and similar uses.

BOATHOUSE

A structure with direct access to a navigable body of water which is used for storage of boats and associated equipment, and which does not have bathrooms or kitchen facilities and is not designed or used for lodging or residency.

BUILDING

Any structure which is permanently affixed to land, is covered by a roof, supported by columns or walls and is intended for shelter, housing or enclosures of persons, animals or chattels.

BUILDING COVERAGE

The percent of building coverage of any lot, including the total ground area of all principal and accessory buildings and structures located on a lot, and all nonpermeable surfaces.

BUILDING HEIGHT

The vertical distance from the highest point of the structure to the lower of either existing or finished grade. A structure includes attached decks, porches, garages and chimneys.

[Added 8-10-2004; amended 10-12-2004]

BUILDING LINE

The line formed by intersection of a horizontal plane at average grade level and vertical plane that coincides with exterior surface of the building on any side.

CAMPGROUND

Any area designated for transient occupancy by camping in tents, camp trailers, motor homes, truck cap campers, pickup campers or a similar facility designated for temporary shelter. A campground can not own trailers or structures and rent them to others unless it first obtains a permit for a new commercial use for a tourist accommodation or mobile home park. (See Article IX for further regulations of campgrounds.)

CLASS A REGIONAL PROJECT

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

CLASS A REGIONAL SUBDIVISION

A subdivision which is classified and defined as such in Chapter 150, Subdivision of Land.

CLASS B REGIONAL PROJECT OR TYPE II SITE PLAN REVIEW PROJECT

A land use or development which is classified and defined in Article VII of this chapter.

CLASS B REGIONAL SUBDIVISION

A subdivision which is classified and defined as such in Chapter 150, Subdivision of Land.

CLEAR-CUTTING

Any cutting of all or substantially all trees over six inches in diameter at breast height over any ten-year cutting cycle.

COMMERCIAL RECREATION USE

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

COMMERCIAL SAND AND GRAVEL EXTRACTION

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.

COMMERCIAL USE

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

CONTRACTUAL ACCESS

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

DOCK

Any structure, affixed or floating, placed in or upon a lake, pond, river, stream or brook and attached by any means to the shoreline, which provides a berth for watercraft and a means of pedestrian access to and from the shoreline to watercraft. This shall include boathouses, as defined herein, piers, wharfs, crib docks, stake docks, floating docks and all such similar structures.

DWELLING UNIT

A building or portion thereof providing complete housekeeping facilities for one family.

ESSENTIAL SERVICES

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

EXCAVATION

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

FAMILY

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

FENCE

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

FLOOD

For definitions, see Article IX, § 160-49C.

FORESTRY USE

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

FOREST USE STRUCTURE

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

GUEST COTTAGE

Not more than one residential structure which is associated with a single-family dwelling and which:

[Added 5-12-2009]

(1)

Is used only on an occasional basis;

(2)

Is used only by guests of the resident(s) of the single-family dwelling;

(3)

Is not for rent or hire separately from the single-family dwelling;

(4)

Contains one-half-or-less of the enclosed floor space of the associated single-family dwelling or 2,000 square feet, whichever is less.

GROUP CAMP

Any land or facility for seasonal housing and recreational, education- or business-related use by private groups or semiprivate groups, such as a Boy or Girl Scout camp, fraternal lodge or university or college conference center.

HOME OCCUPATION

Any use customarily conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof.

IMMEDIATE FAMILY

A husband, wife and their children, whether natural or adopted.

INDUSTRIAL USE

Any manufacturing, production or assembly of goods or materials, including any on-site waste disposal area directly associated with an industrial use. This term includes junkyards but does not include mineral extractions, private and commercial sand and gravel extractions, sawmills, chipping mills, pallet mills and similar wood-using facilities.

IN EXISTENCE

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

JUNK AUTOMOBILE

Any motor vehicle which has no valid registration nor certificate of inspection and has been stripped or partially disassembled so that it is inoperable or immovable and is parked or permitted to stand on any public road or right-of-way for more than 48 hours or on private property for a continuous period in excess of 30 days. For the purpose of this definition, "motor vehicle" shall mean all vehicles propelled or drawn by power other than muscular power, originally designed for use on public highways or for use in recreational or agricultural activities.

[Amended 11-10-1998]

JUNKYARD

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

LAND USE AREA

Those areas delineated on the Official Adirondack Park Land Use and Development Plan Map [3] adopted under Article 27 of the Executive Law of the State of New York and designated thereon as "Hamlet," "Moderate-Intensity Use," "Low-Intensity Use," "Rural Use," "Resource Management" and "Industrial," and such portions of those areas as are located within the Town and delineated on the Adirondack Park Land Use and Development Plan Map incorporated in this chapter by § 160-13 hereof.

LAND USE OR DEVELOPMENT OR USE

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

LOT

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

LOT AREA

The total area included within the lot lines, and shall exclude any area within a public right-of-way and any area of open water.

[Added 11-10-1998]

LOT WIDTH

The average distance between the side lines of the lot.

[Amended 11-10-1998]

MAJOR PUBLIC UTILITY USE

Any electric power transmission or distribution with associated equipment of a rating of more than 15 kilovolts which is one mile or more in length; any telephone interchange or trunk cable or feeder cable which is one mile or more in length; any telephone distribution facility containing 25 or more pairs of wire and designed to provide initial telephone service for new structures; any telephone or other communications transmission tower; any pipe or conduit or other appurtenance used for the transmission of gas, oil or other fuel which is one mile or more in length; and any electric substation generating facility or maintenance building and any water or sewage pipes or conduits, including any water storage tanks, designed to service 50 or more principal buildings and any "wireless telecommunications facilities" as that term is defined in § 160-60.

[Amended 5-12-2009]

MARINA

A waterfront facility renting or selling berths or moorings for boats not registered to the property owner, his family or a renter of a dwelling unit on the same zone lot; may include the sale of marine products and services, including gas, oil, dry storage, repairs, new and used boats, sales and service, boat rentals and charters.

MEAN HIGH WATER MARK

The average annual high water mark. For Lake George, the mean high water mark is 320.2 feet above mean sea level.

MINE EXTRACTION STRUCTURE

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

MINERAL EXTRACTION

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

MOBILE HOME

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

MOBILE HOME PARK

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

[Amended 11-10-1998]

MOTOR HOMES

See "travel vehicle."

MULTIPLE-FAMILY DWELLING

Any apartment, cooperative ownership, townhouse, condominium or similar building, including the conversion of an existing single-family dwelling, designed for occupancy in separate dwelling units therein by more than one family.

NONCONFORMING LOT

Any lot on record on the effective date 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.

NONCONFORMING STRUCTURE

Any structure which is in existence within a given zoning district on the effective date of this chapter but which is not in conformance with the dimensional regulations for that zoning district.

NONCONFORMING USE

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

ONE-FAMILY DWELLING

Any detached building containing one dwelling unit, not including a mobile home, designed for occupancy by one family.

[Added 5-12-2009]

ONE-FAMILY DWELLINGS FOR RENT OR HIRE

One-family dwellings, including mobile homes, but not including guest cottages which are occupied by one or more persons, whether or not related to the owner of the premises, under the arrangement whereby the occupant(s) pay rent, whether in the form of money, goods or services, for occupancy and use of the dwelling. (Subject to Article IX Supplementary regulations, rental of one-family dwelling.[4])

[Added 5-12-2009]

OPEN SPACE RECREATION USE

Any recreation use particularly oriented to and utilizing the outdoor character of an area, including a snowmobile 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.

PERSON

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

PRINCIPAL BUILDING

A single-family dwelling; a mobile home; a tourist cabin or similar structure for rent or hire involving in excess of 300 square feet of floor space; each unit of a multiple-family dwelling; and a commercial or industrial use structure in excess of 300 square feet, except, for a commercial use structure which involves the retail sale or distribution of goods, services or commodities, each 11,000 square feet of floor space or portion thereof of such commercial use structure constitutes a principal building; a structure containing a commercial use which is also used as a single-family dwelling constitutes a principal building. In addition, each motel unit, a 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.

PRIVATE SAND, GRAVEL OR TOPSOIL EXTRACTION

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

PUBLIC OR SEMIPUBLIC BUILDINGS

Any component building of a college, school, hospital, animal hospital, library, place of worship, museum, research center, rehabilitation center, day-care center, firehouse (whether or not directly owned by a municipality) or similar facility, or a municipal building.

[Amended 11-10-1998]

PUBLIC UTILITY USE

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

[Amended 12-14-1999]

SHORELINE

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

SHORELINE LOT WIDTH

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

SHORELINE SETBACK

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

[Amended 7-8-2003]

SIGNS

For definitions, see Article IX, § 160-48B.

SINGLE-FAMILY DWELLING

Any detached building containing one dwelling unit, not including a mobile home, designed for occupancy by one family.

SKI CENTER

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

SQUARE FOOTAGE

For the purposes of this chapter, the square footage of structures shall be the gross area of floor space measured from the outside walls, not including basements, attics, porches or garages. Notwithstanding the foregoing, the square footage of structures for purposes of applying the shoreline setback restrictions shall be a gross measurement, which includes the floor space of attics and attached decks, porches, stairs, ramps, garages and other similar components of the main structure.

[Amended 7-8-2003]

STRUCTURE

Any object constructed, installed or placed on land to facilitate land use and development or subdivision of land, such as but not limited to buildings, sheds, single-family dwellings, mobile homes, fences, signs, tanks, poles and any fixtures, additions and alterations thereto.

SUBDIVISION OF LAND OR SUBDIVISION

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

TOURIST ACCOMMODATION

Any hotel, motel, bed-and-breakfast, resort or tourist cabin designed to house the general public (not including a travel trailer, travel vehicles or motor homes).

[Amended 11-10-1998]

TOURIST ATTRACTION

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, replica of real or fictional places, things or people and natural geological formations.

[Amended 11-10-1998]

TRAVEL TRAILER CAMP

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

TRAVEL TRAILER OR TRAVEL VEHICLE

Any portable vehicle, including a tent camper or motor home, which is designed to be transported on its own wheels, which is designed and intended to be used for temporary living quarters for travel, recreation or vacation purposes and which may or may not include one or all of the accommodations and facilities customarily included in a mobile home, provided that any travel trailers used for residential purposes for more than 30 consecutive days or 60 days aggregate in any one calendar year shall be considered a mobile home. Note: Subject to supplemental regulations of Article IX, Supplementary Regulations, § 160-54, Mobile Homes.

[Amended 10-11-2011]

WASTE DISPOSAL AREA

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

WASTE TREATMENT SITE

Any building structure or area where sewage is treated.

WATERSHED MANAGEMENT OR FLOOD CONTROL PROJECT

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

WETLANDS

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

YARD

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

YARD, FRONT

A yard that extends the full width of the lot and is situated between the adjacent highway right-of-way and the front line of the building projected to the side lines of the lot. The depth of the front yard shall be measured between the front line of the building and the highway right-of-way line. Covered porches, whether or not enclosed, shall be considered as part of the main building and shall not project into a required front yard.

YARD, REAR

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

YARD, SIDE

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

ZERO LOT LINE

When the fee ownership interest is limited to the outside dimensions of the building.

[2]

Editor's Note: Appendix A is included at the end of this chapter.

[3]

Editor's Note: The Adirondack Park Land Use and Development Plan Map is on file in the office of the Town Clerk.

[4]

Editor’s Note: See § 160-61.

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

[1]

Editor's Note: See also §§ 160-48B and 160-49C.