As used in this chapter, the following terms shall have the meanings
indicated:
ACCESSORY USE
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use
or building.
ADULT USE
See Chapter
60 of the Code of the Town of New Lebanon.
AGRICULTURAL DATA STATEMENT
See definition for "agricultural data statement" in New York
Agriculture and Markets Law § 301.
[Amended 7-14-2020 by L.L. No. 1-2020; 11-10-2020 by L.L. No. 3-2020]
AGRICULTURAL OPERATION
A farm operation, as defined in New York State Agriculture
and Markets Law § 301.
[Amended 8-11-2015 by L.L. No. 6-2015; 11-10-2020 by L.L. No. 3-2020]
AGRITOURISM
Activities conducted on a farm and offered to the public,
or to invited groups, for the sale of agricultural products, education,
recreation or active involvement in the farm operation. An agritourism
activity shall be secondary to the primary farm use. Agritourism activities
may be conducted in an accessory building or structure and include,
but are not limited to, on-farm short-term rentals, farm stay programs,
u-pick operations, pumpkin patches and on-farm wineries, breweries,
cideries, and distilleries.
[Amended 7-14-2020 by L.L. No. 1-2020; 11-10-2020 by L.L. No. 3-2020]
ALTERATIONS
As applied to a building or structure, a change or rearrangement
in the structural parts or in the existing 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.
AREA REGULATIONS
The regulation of building size, setbacks or yards, parking
and loading requirements and similar regulations, but excluding any
performance standards.
AUCTION SALES
The use of land and/or buildings for the public sale of goods
to the highest bidder. For the purposes of this chapter, such use
shall not include the sale of livestock and shall not be considered
a store.
AUTOMOBILE RACING FACILITY
A facility designed for the outdoor recreation involving
automobile racing, with or without spectators. For the purposes of
this chapter, this use may include the racing of vehicles such as,
but not limited to, motorcycles, dirt bikes, snowmobiles, jet cars,
trucks and fire trucks.
[Amended 7-14-2020 by L.L. No. 1-2020]
BANK
An establishment that accepts deposits, pays interest, clears
checks, makes loans, acts as an intermediary in financial transactions,
and provides other financial services to its customers.
[Added 7-14-2020 by L.L.
No. 1-2020]
BANNER or FLAG
Piece of cloth, nylon, synthetic cloth, or similar material
bearing a symbol, logo, slogan or other message, usually in a square
or rectangular shape.
[Added 7-14-2020 by L.L.
No. 1-2020]
BAR
Premises used primarily for the sale or dispensing of liquor
by the drink for on-site consumption and where food may be available
for consumption on the premises as accessory to the principal use.
BOARDINGHOUSE
An owner- or operator-occupied dwelling used by fee-paying
guests paying for sleeping accommodation with or without the provision
of meals.
BOND
A written agreement issued by a qualified agent, which guarantees
either the performance of a certain agreed-upon activity or an equivalent
consideration if the activity is not completed as required.
BOWLING ALLEY
A recreational business that accommodates bowling. Food and
beverages may be sold on premises, provided such food and beverage
sales are accessory to the principal use of recreational bowling.
[Amended 7-14-2020 by L.L. No. 1-2020]
BUFFER AREA/BUFFER ZONE
Open space, landscape areas, fences, walls, berms or any
combination thereof used to physically separate or screen one use
or property from another use or property so as to visually shield
or block noise, light, or other nuisances.
BUILDABLE AREA
The space remaining on a legal lot after the minimum yard,
area and bulk requirements have been met.
BUILDING
Any structure other than a boundary wall or fence.
BUILDING, ACCESSORY
A supplemental building, the use of which is incidental to
that of a main or principal building and located on the same lot therewith.
BUILDING COVERAGE
The amount of land covered or permitted to be covered by
a building or buildings, measured in terms of a percentage of the
total lot area. Such coverage is to be measured at mean grade level
and excludes uncovered porches, terraces, and steps.
BUILDING ENVELOPE
The space within which a structure is permitted to be built
on a lot and that is defined by minimum yard setbacks and includes
all disturbances for building, driveways, well and septic systems.
BUILDING, FRONT LINE OF
The line of that face of the building nearest the front lines
of the lot. This face includes sun parlors and covered porches, whether
enclosed or unenclosed, but does not include steps.
BUILDING HEIGHT
The vertical distance measured from the mean elevation of
the proposed finished grade at the front entrance of the building
to the maximum structural ridge of the roof.
[Amended 7-14-2020 by L.L. No. 1-2020]
BUILDING, PRINCIPAL
A building in which is conducted the main or principal use
of the lot on which said building is situated.
BUS STATION
A lot, structure, or building used for the boarding and exiting
of buses, the selling of transport tickets, the incidental sale or
dispensing of food and drink, and the incidental storage of buses.
[Added 7-14-2020 by L.L.
No. 1-2020]
CAMPGROUND
Any lot, or adjoining lots if under the control of one person
or business, including buildings and other structures on such lot,
on which are located five or more campsites, tents, tent houses, trailers,
cabins, camp cottages, vehicles, including recreational vehicles,
or other structures intended for temporary or seasonal overnight occupancy.
Excluded from this definition is the use of the yard of an existing
occupied residence for occasional and irregular overnight camping
by i) family members or guests of the resident or ii) groups (such
as scouts), being hosted by the resident.
CANNABIS CONSUMPTION FACILITY
A facility or business at which the consumption of cannabis
is allowed pursuant to a lawfully issued license for an adult-use
cannabis on-site consumption location under the NY Cannabis Law and regulations promulgated thereunder.
[Added 8-8-2023 by L.L.
No. 4-2023]
CANNABIS RETAIL DISPENSARY
A facility or business engaged in the acquisition, possession,
sale and delivery of cannabis to cannabis consumers pursuant to a
lawfully issued license for an adult-use cannabis retail dispensary
under the N.Y. Cannabis Law and regulations promulgated thereunder,
and not including any licensed adult-use cannabis on-site consumption
facility.
[Added 8-8-2023 by L.L.
No. 4-2023]
CAR WASH
A structure containing facilities for washing motor vehicles.
CEMETERY
A place for the interring of the deceased.
COMMERCIAL EVENT VENUE
Any land(s), building(s), structure(s), improvement(s), or
equipment used to hold events, such as weddings, parties, meetings,
family reunions, corporate events, and similar gatherings, where any
fee(s) or remuneration(s) are payable or paid therefor to the owner
or operator thereof.
[Added 8-8-2023 by L.L.
No. 4-2023]
COMMERCIAL EXCAVATION
The use of land for quarrying, soil mining, the removing
of fill gravel, stone or other earth materials, and for commercial
(sale) purposes.
COMMERCIAL TRADES OPERATION
General contractors, masons, painters, refrigeration contractors,
HVAC contractors, roofers, carpenters, small-scale excavating contractors
and similar operations.
[Added 7-14-2020 by L.L.
No. 1-2020]
COMMUNITY SOLAR ENERGY SYSTEM
An arrangement that extends net metering to groups of renters,
homeowners, businesses, and municipalities that subscribe to the benefits
of a portion of a solar energy project, of which 75% of the total
capacity of energy generated by the array shall inure to the benefit
of the residents, businesses and/or property owners in the Town of
New Lebanon. This arrangement is also commonly referred to as "Community
Distributed Generation (CDG)." For purposes of regulations, these
systems shall be considered as a large-scale solar energy system.
[Added 7-11-2017 by L.L.
No. 2-2017]
COMPACT HOME
A dwelling unit that is 400 square feet or less, excluding
lofts, that includes complete housekeeping facilities, including for
living, sleeping, eating, cooking, and sanitation, and that complies
with the requirements of the New York State Uniform Fire Prevention
and Building Code, as in effect from time to time, that apply thereto. This
term includes compact homes that are movable, provided that they are
registered with the New York State Department of Motor Vehicles as
may be required, and comply with the American National Standards Institute
(ANSI) standards and National Fire Protection Association (NFPA) standards
applicable thereto as in effect from time to time (e.g., ANSI Standard
No. A119.2, ANSI Standard No. A119.5, NFPA Standard 1192).
[Added 8-8-2023 by L.L.
No. 4-2023]
COMPREHENSIVE PLAN
The long-range plan intended to guide growth and development
of the Town, expressing official policy on the course of its housing,
public utilities, community facilities, transportation and land use
distribution and intensity and adopted according to New York State
Town Law § 272-a.
CONSERVATION SUBDIVISION
A subdivision approved by the Planning Board that employs
relaxed area and bulk requirements otherwise applicable so as to provide
open space and natural resource protection. A conservation subdivision
may include clustering but may also be approved for subdivisions involving
as few as two resulting lots.
CONVENIENCE STORE
A freestanding retail store offering primarily packaged groceries
and offering token selections of a wide variety of sundries. Convenience
stores shall be a maximum of 5,000 square feet and shall not include
the dispensing of gasoline or other motor vehicle fuels unless appropriate
approvals for a gas station have been obtained.
CONVERSION
A change in use or occupancy of a dwelling.
COVERAGE
That percentage of the plot or lot area covered by the building
area, including accessory structures.
[Amended 7-14-2020 by L.L. No. 1-2020]
DANCE HALL
A structure used for the purpose of dancing where food and
beverages may be provided as accessory use.
DAY-CARE CENTER
A place other than an occupied residence, providing or designed
to provide day care for any number of individuals.
DAY CARE, IN-HOME
Daytime care or instruction of three or more individuals
away from their own homes conducted in a residence for more than three
but less than 24 hours per day on a regular basis by an individual,
association, corporation, institution or agency, whether or not for
compensation. Day care is an HO2 or HO3 use.
DENSITY
The ratio of lot area per family or dwelling unit on a lot.
DISTURBANCE
All land preparation activities involving the movement, placement,
removal, transfer or shifting of soil and/or vegetation, including
but not limited to clearing, draining, filling, grading, regrading
or the building of structures or the placement of improvements on
land, including the construction of individual sidewalks, paths, roads
or driveways. The condition of land disturbance shall be deemed to
continue until the area of disturbance is returned to its original
state or to a state complying with a permit for such disturbance granted
in accordance with this chapter.
DRIVING RANGE
A tract of land used for practicing golf shots, especially
drives, where clubs and balls may or may not be available for rent.
[Added 7-14-2020 by L.L.
No. 1-2020]
DWELLING
A building designated or used as the living quarters for
one or more families.
DWELLING, MULTIFAMILY
A dwelling or group of dwellings on one plot containing separate
living units for three or more families for lease or rent only.
DWELLING, TWO-FAMILY
A building designed for or occupied exclusively by two families
living independently of each other.
DWELLING UNIT
A building or portion thereof providing complete housekeeping
facilities for one family.
DWELLING UNIT, ACCESSORY (ADU)
A dwelling unit that is an accessory use to a one-family
dwelling, two-family dwelling, or multifamily dwelling located on
the same lot, and which has independent living facilities, permanent
provisions for sleeping, cooking, and sanitation, and has an entrance,
all of which are separate and independent from the one-family dwelling,
two-family dwelling, or multifamily dwelling. An ADU may be within,
attached to, or detached from the one-family dwelling, two-family
dwelling, or multifamily dwelling.
[Added 8-8-2023 by L.L.
No. 4-2023]
EXCAVATION
Any activity which removes or significantly disturbs rock,
gravel, sand, soil or other natural deposits.
FAMILY
One or more persons maintaining a common household.
[Amended 7-14-2020 by L.L. No. 1-2020]
FARM
A farm operation, as defined in New York State Agriculture
and Markets Law § 301.
[Amended 8-11-2015 by L.L. No. 6-2015; 11-10-2020 by L.L. No. 3-2020]
FARM MARKET
A permanent year-round structure for the purpose of the retail
sale of farm produce and agricultural products, whether produced on
premises or elsewhere.
FARMSTAND
A roadside structure, not to exceed 300 square feet and set
back at least 15 feet from the road, which is used seasonally for
the sale of farm produce and agricultural products produced on premises
and which produce/products are immediately accessible to customers
without entering a structure.
[Amended 7-14-2020 by L.L. No. 1-2020]
FENCE
An artificially constructed barrier or enclosure used to
delineate an area or boundary to screen such area from view and/or
to limit access. Swimming pool enclosures shall require a building
permit.
[Added 6-10-2014 by L.L. No. 1-2014; amended 7-11-2017 by L.L. No. 2-2017]
FLEA MARKET or FARMERS' MARKET
An occasional or periodically held market in an open area
or structure where spaces (e.g., booths, tables, stands, etc.) are
rented or otherwise made available to groups or individual vendors
who offer goods or services for sale to the public, and which may
include live or recorded entertainment and prepared food/beverage
service for on-site consumption. This does not include individual
garage or tag sales.
[Amended 8-8-2023 by L.L. No. 4-2023]
FLOODPLAIN
A land area adjoining a river, stream, watercourse, bay or
lake that is likely to be flooded.
FLOOR AREA
The sum of the gross horizontal area of the several floors
of a building and its accessory buildings on the same lot, excluding
cellar and basement floor areas not devoted to residential use, but
including the area of roofed porches and roofed terraces. All dimensions
shall be measured between exterior faces of walls.
FOOD TRUCK
A mobile food service operation located in a licensed motorized
vehicle or a movable cart, stand, or trailer and from which food and
beverages (prepackaged or prepared and served from the vehicle or
stand) are sold or distributed in individual portions to the general
public directly therefrom for consumption on or off of the premises.
[Added 12-14-2021 by L.L. No. 4-2021]
FOOD TRUCK OPERATOR
The owner of a food truck or such owner's agent or employee.
Where the food truck is a motorized vehicle required by law to be
registered, the registered owner of such food truck shall be deemed
a food truck operator.
[Added 12-14-2021 by L.L. No. 4-2021]
FRONTAGE
That side of the lot nearest the street. A corner lot shall
be considered to have two such frontages.
FUNERAL PARLOR
An establishment with facilities for the preparation of the
dead for burial or cremation; for the viewing of the body; and for
the conduct of funerals.
[Added 7-14-2020 by L.L.
No. 1-2020]
GARAGE SALE
The sale of household items displayed in a yard, garage,
barn or porch of a residence, provided that the items are owned by
the persons conducting the sale, one of whom must be the occupant
of the residence where the sale is being held, and the duration of
the sale is limited to no more than two consecutive weekends. Households
may conduct or participate in such sales no more frequently than once
per six-calendar-month period. "Garage sale" includes "porch sale,"
"yard sale," "tag sale" and all other similar sales.
GLARE
The effect produced by light with intensity sufficient to
cause annoyance, discomfort, or loss in visual performance and visibility.
[Added 7-11-2017 by L.L.
No. 2-2017]
GREENHOUSE
A building chiefly comprised of a transparent or translucent
material on its roof and/or walls and which is used for cultivating
plants.
[Added 7-14-2020 by L.L.
No. 1-2020]
GROCERY STORE
A commercial establishment for the retail sale of food and
related consumable items.
HARMONIZE
To arrange different uses, buildings and/or structures in
a pleasing manner.
HISTORIC PRESERVATION
The protection, rehabilitation and restorations of districts,
sites, buildings, structures and artifacts significant in American
history, architecture, archaeology or culture.
HOME OCCUPATION
A profession or other occupation conducted within a dwelling
unit by one or more persons residing therein and clearly incidental
to the principal use of the lot for residential purposes and which
does not constitute a home-based business as defined in this chapter.
In particular, a home occupation includes, but is not limited to,
art studios, dressmaking, teaching, offices of a clergyman, lawyer,
landscape architect, physician, dentist, architect, engineer, optician,
realtor, accountant, barbershop, beauty parlor, or similar use, but
shall not include animal hospital or dog kennels, automotive repair
service, restaurant, clinic or hospital or similar use.
[Amended 7-14-2020 by L.L. No. 1-2020]
HOME OCCUPATION 1 (HO1)
A home occupation that meets all of the following criteria:
[Amended 7-14-2020 by L.L. No. 1-2020]
(1)
No signs are located on the subject property, except as permitted by §
205-17B(11) of this chapter;
(2)
The profession or occupation is carried on totally within the
confines of the buildings on the subject property;
(3)
The profession or occupation is carried on exclusively by one
or more persons that reside within the dwelling unit;
(4)
The profession or occupation will not produce visits to the
property by customers, clients, colleagues, employees, or contractors;
(5)
Any deliveries made in connection with the profession or occupation
are made by vehicles that do not exceed the size of typical vehicles
used to deliver mail, parcels, or packages to the residence;
(6)
No more than one commercial or special purpose vehicle, which
vehicle shall not exceed 1 1/2 tons in capacity and 24 feet in
length, is parked on the subject property; and
(7)
All materials and other equipment used in connection with the
profession or occupation are stored within the principal building
or an accessory building on the property.
HOME OCCUPATION 2 (HO2)
A home occupation that does not constitute a Home Occupation
1 (HO1) and that meets all of the following criteria:
[Amended 7-14-2020 by L.L. No. 1-2020]
(1)
No signs are located on the subject property, except as permitted by §
205-17B(11) of this chapter;
(2)
The profession or occupation is carried on totally within the
confines of the buildings on the subject property;
(3)
The profession or occupation is carried on by at least one person
that resides within the dwelling unit and no more than two persons
that do not reside within the dwelling unit;
(4)
No more than one commercial or special purpose vehicle, which
vehicle may exceed 1 1/2 tons in capacity and 24 feet in length,
is parked on the subject property; and
(5)
All materials and other equipment used in connection with the
profession or occupation are stored within the principal building
or an accessory building on the property.
HOME-BASED BUSINESS
A business or profession in which various administrative
tasks are conducted on the property by a person residing therein and
which is clearly incidental to the principal use of the lot for residential
purposes, but where the business or profession primarily provides
goods and/or services off-site. Home-based businesses may include,
but are not necessarily limited to, landscapers, plumbing contractors,
electrical contractors, carpenters, painters, and similar professionals/artisans.
[Added 7-14-2020 by L.L.
No. 1-2020]
HORSE BOARDING OPERATION
A commercial horse boarding operation, as defined in New
York State Agriculture and Markets Law § 301.
[Amended 11-10-2020 by L.L. No. 3-2020]
HORSE FARM
A commercial equine operation, as defined in New York State
Agriculture and Markets Law § 301.
[Added 11-10-2020 by L.L. No. 3-2020]
HOSPITAL
Unless otherwise specified, the term "hospital" shall be
deemed to include sanitarium, preventorium, clinic, rest home, nursing
home, convalescent home, and any other place for the diagnosis, treatment
or other care of human ailments.
HOTEL
A building containing more than five rooms for sleeping purposes
which are used or rented by fee-paying guests and where only a general
kitchen and dining room are provided within the building or in an
accessory building.
INDUSTRIAL, LIGHT
Includes limited manufacturing, wholesaling, warehousing,
research and development, and related commercial/service activities
such as beverage bottling, distribution and warehousing; distribution
centers; ice production, storage, sales and distribution; laboratories
for research, testing and experimental purposes; machine shops; manufacture
of computers, computer peripherals, electrical appliances, electronic
equipment, medical instruments, and other similar products from previously
manufactured components; manufacture of precision instruments and
equipment such as watches, electronics equipment, photographic equipment,
optical goods and similar products; manufacturing of articles or merchandise
from previously prepared or natural materials such as cardboard, cement,
cloth, cork, fiber, glass, leather, paper, plastics, wood, metals,
stones and other such prepared materials; printing and publishing.
[Amended 7-14-2020 by L.L. No. 1-2020]
JUNK VEHICLE
Any vehicle which:
(1)
For any reason is incapable, without repair, of being moved
or propelled by application of internal power, if it is a vehicle
originally designed to be propelled by internal power (such as an
automobile, bus, truck, motorcycle, etc.) or is incapable without
repair of being drawn or towed, if it is a vehicle (such as a trailer)
originally designed to be towed or drawn from behind an internally
powered vehicle;
(2)
As judged by the standards of an ordinary reasonable person,
is unsightly in appearance because of the existence of one or more
conditions, such as but not limited to the following: deterioration
by rust of the body; deterioration of the exterior finish of the vehicle;
broken windows, absence of component parts of the vehicle (such as
fenders, panels, doors, tires, wheels, grille, roof, tailgate); physical
parts of the vehicle; absence of interior components (such as seats,
dashboard, interior door moldings, etc.); or
(3)
Is incapable of being moved or propelled, drawn or towed without repair as provided in Subsection
(1) above and has remained situated on any real property for a period in excess of 90 days.
KENNEL, BOARDING
A structure used for the harboring of more than three dogs
that are more than six months old, for remuneration.
KENNEL, BREEDING
A structure used for the harboring of more than three dogs
that are more than six months old and without remuneration.
LAND USE ACTIVITY
Any construction or other activity which changes the use
or appearance of land or a structure or the intensity of use of land
or a structure. "Land use activity" shall explicitly include, but
not be limited to, the following: new structures, expansions to existing
structures, new uses, changes in or expansions of existing uses, roads,
driveways, and excavations for the purpose of extracting soil or mineral
deposits. This shall include, but is not limited to, residential structures,
commercial buildings, residential or commercial accessory structures,
signs, parking lots, communications towers, mines, roads, ponds, and
windmills.
[Amended 7-14-2020 by L.L. No. 1-2020]
LAUNDROMAT
An establishment providing washing, drying or dry-cleaning
machines on the premises for rental use to the general public.
LIBRARY
A facility that houses a collection of books or other written,
printed or digital material, including manuscripts and pamphlets,
posters, photographs, motion pictures, and videotapes, sound recordings,
and computer databases and that may sponsor or hold community events,
such as concerts, seminars, talks, fundraising events, and similar
events.
[Added 7-14-2020 by L.L.
No. 1-2020]
LINE, STREET
The dividing line between the street and the lot.
LIVESTOCK
Animals considered livestock under the New York State Agriculture
and Markets Law, including cattle, sheep, hogs, goats, horses, poultry,
ratites, such as ostriches, emus, rheas and kiwis, farmed deer, farmed
buffalo, fur-bearing animals, and wool-bearing animals, such as alpacas
and llamas.
[Amended 11-10-2020 by L.L. No. 3-2020]
LIVING AREA
The interior habitable area of a dwelling unit, including
basements and attic spaces lawfully used as habitable space, and excluding
garages and accessory structures.
[Added 8-8-2023 by L.L.
No. 4-2023]
LOT
A parcel of land occupied or capable of being occupied by
one building or use and the necessary buildings or uses customarily
incident to it, including such open spaces as are required by this
chapter.
LOT, CORNER
A parcel of land at the junction of and fronting on two or
more intersecting streets.
LOT, DEPTH OF
The mean distance from the street line of the lot to its
opposite rear line measured in the general direction of the side lines
of the lot.
LOT LINE
Any line dividing one lot from another.
LOT LINE, REAR
The lot line most nearly opposite the front lot line and
the one most parallel and closest to the front line.
LOT LINE, SIDE
Any lot line not a front lot line or a rear lot line is a
side lot line.
LOT, WIDTH OF
The horizontal distance between the side lines of a lot measured
a right angles to its depth along a straight line parallel to the
front lot line at the minimum required setback line.
MANUFACTURED HOME
A structure, intended primarily for residential occupancy
that is transportable in one or more sections. In traveling mode,
the home is eight feet or more in width and 40 feet or more in length.
A manufactured home is one that was built after June 15, 1976, and
is designed and constructed to the Federal Manufactured Construction
and Safety Standards and is so labeled. Manufactured homes do not
include modular homes, travel trailers or recreational vehicles or
trailers.
MANUFACTURING
Establishments engaged in the mechanical or chemical transformation
of materials or substances into new products, including the assembling
of component parts, the creation of products, and the blending of
materials, such as oils, plastics, resins, or liquors.
MINIATURE GOLF
A game modeled on golf played with a putter on a short grassless
course that may include obstacles.
[Added 7-14-2020 by L.L.
No. 1-2020]
MIXED USE
A use of property consisting of two or more constituent uses,
each of which are permitted in the zoning district in which the property
is located (including, as may be applicable, any overlay district).
In the event a mixed use property is located within more than one
zoning district, any constituent use thereof must be physically located
within a zoning district in which such constituent use would otherwise
be permissible and within which mixed use is permissible.
[Added 8-8-2023 by L.L.
No. 4-2023]
MIXED-USE PROPERTY
A property on which a mixed use is conducted.
[Added 7-14-2020 by L.L.
No. 1-2020; amended 8-8-2023 by L.L. No. 4-2023]
MOBILE HOME
A manufactured home built prior to June 15, 1976.
MOBILE HOME PARK
Facilities for the locating for residential occupancy of
two or more manufactured or mobile homes on a permanent or transient
basis.
MODULAR HOME
A structure designed primarily for residential occupancy
that is substantially fabricated in a factory and designed for permanent
installation on a permanent foundation to form a permanent single-family,
townhouse or multifamily unit and which meets all New York State requirements
and standards concerning factory-manufactured homes and conforms to
the New York State Uniform Fire and Building Codes.
MORTUARY
A place for the storage of human bodies prior to their burial
or cremation.
MOTEL
A building or group of buildings, whether detached or in
connected units, used as individual sleeping or living quarters with
direct outside access and related office, and with or without restaurant
facilities, designed primarily for transient travelers, and provided
with the accessory off-street parking facilities. The term "motel"
includes buildings designed as tourist courts, motor lodges, auto
courts, and other similar appellations, but shall not be construed
to include parking areas for house trailers or mobile homes or to
include dwelling units, except for that of the owner or manager.
[Added 7-14-2020 by L.L.
No. 1-2020]
MOTOR VEHICLE
Any device that is designed, manufactured or modified to
be as a self-propelled conveyance of persons or objects by any power
other than muscular power, including automobiles, cars and trucks.
Vehicles, such as a trailer, that are designed to be towed or drawn
from behind an internally powered vehicle and that are subject to
registration are included in this definition.
[Amended 7-14-2020 by L.L. No. 1-2020]
MOTOR VEHICLE FUELING STATION
Any area of land, including structures thereon, that is used
for the sale of gasoline or any other motor vehicle fuel and oil and
other lubricating substances, including any sale of motor vehicle
accessories, and which may or may not include facilities for lubricating,
washing or otherwise servicing motor vehicles, but not including the
painting thereof by any means.
MOTOR VEHICLE REPAIR SHOP
A building, premises, and land in which or upon which a business
involving the maintenance, servicing, repair, or painting of motor
vehicles is conducted.
MOTOR VEHICLE SALES
The use of any building, land area or other premises for
the display and sale of new or used motor vehicles and including any
vehicle preparation or repair work conducted in connection with such
sales.
MUSEUM
An organized institution, including but not limited to halls
of fame, zoos, aquariums, botanical gardens and arboretums, that is
essentially educational or aesthetic in purpose, with professional
staff, which ordinarily owns, exhibits, maintains, and/or utilizes
artifacts, art, and/or specimens, including nontangible electronic,
video, digital and similar art, cares for them, and exhibits them
to the public on some regular schedule.
[Added 7-14-2020 by L.L.
No. 1-2020]
NET METERING
A billing arrangement that allows solar customers to get
credit for excess electricity that they generate and deliver back
to the grid so that they only pay for their net electricity usage
at the end of the month.
[Added 7-11-2017 by L.L.
No. 2-2017]
NEW YORK STATE CERTIFIED AGRICULTURAL DISTRICT
Is a district created under Article 25-AA of the Agriculture
and Markets Law with the intent to provide for the protection and
enhancement of agricultural land as a viable segment of the local
economy and environmental resource of major importance.
NONCONFORMING BUILDING
A lawfully existing building or structure which does not
conform to the area setback regulations of the district in which it
is located.
NONCONFORMING LOT
A lawfully existing lot which does not conform to the area
regulations (minimum lot width and/or lot size) of the district in
which it is located.
NONCONFORMING USE
A lawful use of a structure, building or land which does
not conform to the use regulations of the district or zone in which
it is situated.
NURSING HOME
Premises which provide lodging, meals and continuing nursing
care for compensation to convalescent or chronically ill persons.
The term "nursing home" shall include convalescent home and rest home.
OFFICE, PROFESSIONAL
An office devoted to a professional service occupation, in
which knowledge in some department of science or learning is applied
to the affairs of others, either advising or guiding them, or otherwise
serving their interest or welfare through the practice of a profession
founded on such knowledge.
OFFICIAL MAP
The map established by the Town Board under New York State
Town Law § 270 showing streets, highways and parks.
OPEN SPACE
Land left in a natural state for conservation and agricultural
purposes or land landscaped for scenic purposes, devoted to active
or passive recreation, or devoted to the preservation of distinctive
architectural, historic, geologic or botanic sites. The term shall
not include land that is paved, used for the storage, parking or circulation
of automobiles, or occupied by any structure. Open space may be included
as a portion of one or more large lots, or may be contained in a separate
open space lot, but shall not include private yards within 50 feet
of a principal structure.
PERSONAL SERVICE
An establishment primarily engaged in providing services
involving the care of a person or his or her personal goods or apparel,
such as a beautician, barber, tailor, or massage therapist.
[Amended 7-14-2020 by L.L. No. 1-2020]
PLACE OF WORSHIP
A building or structure, or group of buildings or structures,
that by design and construction is primarily intended for conducting
organized religious services and associated accessory uses.
[Added 7-14-2020 by L.L.
No. 1-2020]
POND
A body of water that has a depth of three feet or more below
surrounding ground elevation.
[Added 7-14-2020 by L.L.
No. 1-2020]
PREMISES
A lot, parcel, tract, or plot of land together with the buildings
and structures thereon.
PRIVATE RECREATION AREA
The use and ownership of land or structures by an organization,
catering exclusively to members and their guests, used for recreational
and athletic purposes (including archery or firearm activities), and
not involving vending or merchandising or other commercial activities
except as required generally for the membership and purposes of such
organization.
PRIVATE SCHOOL
Private profit or nonprofit facility designed and used primarily
as an educational institution, providing teaching and classes for
its enrollees, with or without sleeping and eating facilities for
the employees and enrollees.
PUBLIC PARK
A property or structures designated for public access with
or without a fee. A park owned and/or operated by the Town shall be
considered a Town use.
[Added 7-14-2020 by L.L.
No. 1-2020]
RAVINE
A valley with sharply sloping walls created by the action
of stream waters or any other natural effect.
[Amended 7-14-2020 by L.L. No. 1-2020]
RESEARCH
An establishment or other facility for carrying on investigation
in the natural, physical, or social sciences, which may include engineering
and product development.
[Amended 7-14-2020 by L.L. No. 1-2020]
RESTAURANT (NO DRIVE-THROUGH)
Any structure having as a principal use the preparation and
dispensing of foods and beverages for consumption on the premises
or elsewhere (takeout), whether food is served upon order or taken
by self-service and where there are no facilities for drive-through
service.
[Amended 7-14-2020 by L.L. No. 1-2020]
RESTAURANT (WITH DRIVE-THROUGH)
An establishment where food and/or beverages are sold in
a form ready for consumption, where some portion of the consumption
takes place or is designed to take place outside the confines of the
restaurant, and where ordering and pickup of food may take place outside
the building.
[Amended 7-14-2020 by L.L. No. 1-2020]
RETAIL USE, RETAIL BUSINESS, STORE OR SHOP
Traditional establishments, such as florists, lumber and
hardware stores, pharmacies, grocery stores, convenience stores, stationery
stores, bookstores, video rental stores, clothing stores, department
stores, shoe stores, antique stores, etc., that sell goods or merchandise
to the general public for personal or household consumption.
[Amended 7-14-2020 by L.L. No. 1-2020]
RETIREMENT HOME
Any age-restricted development, which may be in any housing
form, including detached, and attached dwelling units, apartments,
and residences, offering private or semiprivate rooms.
RIDGELINE
The highest elevation of a line of hills.
RIGHT-OF-WAY
A strip of land acquired by reservation, dedication, prescription,
or condemnation and intended to be occupied by a street, crosswalk,
railroad, electrical transmission lines, oil or gas pipelines, waterline,
sanitary line, storm sewer line, or other similar uses, and which
exists for the purpose of allowing passage over the property of another.
SAWMILL
An establishment engaged in the manufacture of lumber and
lumber products from raw uncut timber.
SEASONAL CAMP
Parcel of land used for the temporary use of travel trailers,
tents, campers, cabins, etc.
SELF-STORAGE UNITS
A land use consisting of rental of storage space for personal
property, business property or recreational vehicles in a warehouse
building or multi-sized individual units.
[Added 7-14-2020 by L.L.
No. 1-2020]
SEQRA
The State Environmental Quality Review Act (Environmental
Conservation Law, Article 8).
SHORT-TERM RENTAL
The rental or lease of any dwelling space within a residential
property to transient fee-paying guests for a period of 30 consecutive
days or less, but not including spaces that are rented for an aggregate
total of 30 days or less over a 365-day period or a single dwelling
space (e.g., bedroom) within an owner-occupied residence. Such residential
properties may or may not be owner- or operator-occupied. The short-term
rental arrangement may or may not include provision of one or more
meals. The short-term rental use only includes occupancy; other activities
such as group gatherings (e.g., weddings) are a separate use.
[Added 11-10-2020 by L.L. No. 3-2020]
SIGN
Any device, including but not limited to letters, words,
numbers, figures, emblems, logos, pictures or any combination of these,
located out of doors or outside or on the exterior of any building,
or affixed to the inside or outside of glass windows and doors, used
for visual communication intended to attract the attention of the
public and visible to the public right-of-way and/or other properties.
Notwithstanding anything else in the foregoing to the contrary, the
term "sign" does not include signs erected and maintained pursuant
to and in furtherance of a governmental function or that are required
by any law, ordinance, rule or regulation, on-site traffic control,
circulation, parking, safety, and related signs, and signs demarking
the boundaries of a property, such as "No Trespassing" or "Posted"
signs.
[Amended 10-11-2016 by L.L. No. 3-2016; 7-14-2020 by L.L. No. 1-2020]
SIGN, ANIMATED
A sign or any portion thereof having movement effected by
mechanical or natural means, including, but not limited to, blinking,
flashing and general intermittent light, as opposed to light of a
constant intensity and value.
[Added 7-14-2020 by L.L.
No. 1-2020]
SIGN, FEATHER FLAG, TEAR DROP, BLADE FLAG
A sign typically constructed of a single plastic or metal
shaft driven in the ground with an attached pennant that is vertically
elongated and attached to the shaft and which is typically shaped
as a feather, tear drop or blade.
[Added 7-14-2020 by L.L.
No. 1-2020]
SIGN, FREESTANDING
Any sign not attached to or part of any building but separate
and permanently affixed by any other means, in or upon the ground.
[Added 7-14-2020 by L.L.
No. 1-2020]
SIGN, ILLUMINATED
Any sign illuminated by electricity, gas or other artificial
light either from the interior or exterior of a sign.
[Added 7-14-2020 by L.L.
No. 1-2020]
SIGN, PORTABLE
A sign, whether on its own trailer, wheels or otherwise,
designed to be movable and not structurally attached to the ground,
a building, a structure or another sign, including sidewalk signs.
[Added 7-14-2020 by L.L.
No. 1-2020]
SIGN, REAL ESTATE
A sign not exceeding six square feet in surface area and
located not closer than six feet from any roadway that indicates that
the premises on which it is located is for sale or for lease.
[Added 7-14-2020 by L.L.
No. 1-2020]
SIGN, SANDWICH BOARD
A portable sign constructed in such a manner as to form an
"A" or tent-like shape, whether hinged or not at the top.
[Added 7-14-2020 by L.L.
No. 1-2020]
SIGN, TEMPORARY
Any sign, except a real estate sign, that is not permanently
affixed to a building or the ground.
[Added 7-14-2020 by L.L.
No. 1-2020]
SIGN, WALL
A sign which is painted on or attached to the outside wall
of a building with the face of the sign in the plane parallel to such
wall.
[Added 7-14-2020 by L.L.
No. 1-2020]
SIGN, WINDOW OR DOOR
Any sign visible from a sidewalk, street, parking area or
driveway or other public space that is painted or affixed to the inside
or outside of glass or other material.
[Added 7-14-2020 by L.L.
No. 1-2020]
SMALL BUSINESS OPERATION (SBO)
A retail business that manufactures what is sold on premises.
This category encompasses minimum to moderately sized retailing/manufacturing
enterprises in commercial zones. The combination of retailing and
manufacturing is the essential characteristic of the SBO, although
it is understood that portions of what is produced on site may be
sold online, wholesale or at external markets. SBOs are intended to
include craft shops where artisans engage primarily in the handcrafted
manufacture of small items, such as pottery, jewelry, weaving, custom
woodwork, baskets, ceramics, clothing, flower arrangements, metalwork,
musical instruments, paintings, sculpture, toys, soaps, candies and
baked goods. An SBO may sell accessories, supplies and incidental
items not produced on the premises, provided that no more than 20%
of retail floor space is used for such sales. Other uses consistent
with the uses enumerated above shall be at the discretion of the Zoning
Enforcement Officer with appeal to the Zoning Board of Appeals.
[Added 8-11-2015 by L.L.
No. 6-2015]
SOCIAL, RECREATIONAL OR FRATERNAL CLUB
A group of people organized for a common purpose to pursue
common goals, interests, or activities and usually characterized by
certain membership qualifications, payment of fees and dues, regular
meetings, and a constitution and bylaws.
SOLAR ENERGY EQUIPMENT
Electrical energy storage devices, material, hardware, inverters,
or other electrical equipment and conduit of photovoltaic devices
associated with the production of electrical energy.
[Added 7-11-2017 by L.L.
No. 2-2017]
SOLAR ENERGY SYSTEM
An electrical generating system composed of a combination
of both solar panels and solar energy equipment.
[Added 7-11-2017 by L.L.
No. 2-2017]
SOLAR ENERGY SYSTEM, GROUND-MOUNTED ON-SITE CONSUMPTION
A solar energy system that is anchored to the ground and
attached to a pole or other mounting system, detached from any other
structure for the primary purpose of on-site consumption.
[Added 7-11-2017 by L.L.
No. 2-2017]
SOLAR ENERGY SYSTEM, LARGE-SCALE
A solar energy system that is ground mounted and produces
energy primarily for the purpose of off-site sale or consumption.
This system may also be referred to as a "solar farm."
[Added 7-11-2017 by L.L.
No. 2-2017]
SOLAR ENERGY SYSTEM, ROOF-MOUNTED
A solar panel system located on the roof of any legally permitted
building or structure for the purpose of producing electricity for
on-site or off-site consumption.
[Added 7-11-2017 by L.L.
No. 2-2017]
SOLAR PANEL
A device that relies upon solar radiation as an energy source
for the generation of electricity or transfer of stored heat.
[Added 7-11-2017 by L.L.
No. 2-2017; amended 7-14-2020 by L.L. No. 1-2020]
SPECIAL USE
A land use which is deemed permissible within a given zoning
district or districts but which may have the potential to exhibit
characteristics or create impacts incompatible with the purposes of
such district. The special use shall, therefore, be subject to approval
by the Planning Board in accordance with conditions set forth for
such use, as well as other applicable provisions of this chapter.
[Amended 7-14-2020 by L.L. No. 1-2020; 12-14-2021 by L.L. No. 4-2021]
STABLE, PRIVATE
A building in which horses are quartered, without remuneration.
STREET
A public or private way that affords the principal means
of access to abutting structures.
STREET, COLLECTOR
A street that collects traffic from local streets and connects
with minor and major arterials.
STREET, MAJOR ARTERIAL
A street with access control, channelized intersections,
and restricted parking and that collects and distributes traffic to
and from minor arterials.
STREET, MINOR ARTERIAL
A street with signals at important intersections and stop
signs on side streets and that collects and distributes traffic to
and from collector streets.
STRUCTURE
Anything constructed or erected with a fixed location on
the ground or attached to something having a fixed location on the
ground. Among other things, structures include buildings, mobile homes,
walls, fences and signs.
[Amended 7-14-2020 by L.L. No. 1-2020]
STRUCTURE, ACCESSORY
Any structure designed to accommodate an accessory use but
detached from the principal structure, such as a freestanding garage
for vehicles accessory to the principal use, a storage shed, garden
house or similar facility.
SUBDIVISION
The division of any parcel of land into two or more lots, with or without streets or highways, including subdivision of a single property previously separated by a road that meets all zoning requirements. Such division shall include resubdivision of parcels of land for which an approved plat or deed has already been filed in the office of the County Clerk. The term "subdivision" may include any alteration of lot lines or dimensions of any lots (i.e., lot line adjustment). They shall not be in conflict with any provision or portion of the Comprehensive Plan, the Official Map or Chapter
205, Zoning, or these regulations.
SUBDIVISION, MAJOR
Any subdivision not classified as a minor subdivision, including
but not limited to subdivisions of five or more lots, or any subdivision
requiring any new street or extension of municipal services. Any minor
subdivision resubdivided into five or more lots within a five-year
period becomes a major subdivision.
SUBDIVISION, MINOR
Any subdivision containing not more than four lots fronting
on an existing street, not involving any new street or extension of
municipal facilities, and may include the alteration of lot lines
or dimensions of any lots (i.e., lot line adjustment) with no additional
lots being created.
SURFACE AREA COVERAGE
The aggregate total of the dimensions of each solar panel
face that comprise a solar energy system, irrespective of the angle
at which the solar panels are mounted or the space between them.
[Added 7-11-2017 by L.L.
No. 2-2017]
TELECOMMUNICATIONS TOWER
Any structure greater than 35 feet in height which is capable
of receiving and/or transmitting signals (for the purpose of communication)
for commercial purposes.
TEMPORARY BUSINESS TRAILER
A mobile structure used for facilitating a project or event.
It may contain office space, storage space or facilities specific
to and for the duration of the project or event.
[Added 7-14-2020 by L.L.
No. 1-2020]
TEMPORARY HOUSING
A mobile or manufactured home, including a recreational vehicle,
that is sited on an approved lot and used as a single-family residence
or a period of time not to exceed 12 months.
[Added 7-14-2020 by L.L.
No. 1-2020]
THEATER
A building or part of a building devoted to showing motion
pictures or for dramatic, dance, musical, or other live performances.
TOWN USE
Any structure, building or land use activity that directly
relates to the administration or performance of Town of New Lebanon
functions, pursuant to the Town Code, Town budget, or resolutions
passed by the Town Board.
[Added 7-14-2020 by L.L.
No. 1-2020]
TRUCK TERMINAL
An area and building where trucks load and unload cargo and
freight and where the cargo and freight may be broken down or aggregated
into smaller or larger loads for transfer to other vehicles or modes
of transportation.
USE
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
USED MOTOR VEHICLE
Any previously owned motor vehicle that is for sale, meets
state inspection requirements and is ready to be driven by a customer.
VARIANCE
A modification of the use and/or area and bulk regulations
of this chapter in an individual case where, due to specific facts
and conditions peculiar to a particular property, literal application
and strict enforcement would result in undue and unnecessary hardship
or practical difficulty that would deprive the owner of a reasonable
use of the land or structure. Such unnecessary hardship or practical
difficulty shall not be construed to include mere inconveniences or
a desire to make more money.
VARIANCE, AREA
A variance from the area and bulk requirements or supplementary
regulations of a related character (such as amount, size, location
of design or access, off-street parking, landscaping, signs) to authorize
on a specific lot a permitted use which could not feasibly be established
without relief from one or more of the dimensional requirements pertaining
to the district.
VARIANCE, USE
A variance from the use regulations to allow the establishment
on a specific lot of a use otherwise prohibited in the district.
VETERINARY HOSPITAL
A facility for the care and treatment of injuries and diseases
of animals and operated by a licensed veterinarian.
WAREHOUSE
A building used primarily for the storage of goods and materials.
WHOLESALE STORE
A facility designed for the storage and sale of goods and
merchandise, in quantity and primarily for sale to retail merchants.
YARD, FRONT
An open unoccupied space on the same lot with the building
between the front line of the building and the front line of the lot
and extending the full width of the lot.
YARD, REAR
An open unoccupied space on the same lot with the building
between the rear line of the building and rear line of the lot and
extending the full width of the lot.
YARD, SIDE
An open unoccupied space on the same lot with the building
situated between the building and the side lot line of the lot and
extending from the front yard to the rear yard. Any lot line not a
rear line or a front line shall be deemed a side line.