A.
Words used in the present tense shall include the future, and words
used in the singular shall include the plural, and the plural shall
include the singular;
B.
The word "shall" is mandatory;
C.
The words "may" or "should" are permissive; and
D.
Whenever words of the masculine or feminine gender appear in this
code, unless the sense of the sentence indicates otherwise, they shall
be deemed to refer to either male or female persons. This construction
shall apply to gender-indicative suffixes or prefixes as well as to
gender-indicative words.
As used in this chapter, unless defined elsewhere in this chapter,
the following terms shall have the meanings indicated:
To cease, for more than one year and one day, the use and
maintenance of land, buildings or structures which have accommodated
nonconforming uses; or to change from one nonconforming use to another;
or to change from a nonconforming use to a conforming use.
The place, means, or way by which pedestrians and/or vehicles
shall have safe, adequate, and usable ingress and egress to a property,
structure, or use.
[Added 6-12-2023 by L.L. No. 3-2023]
The keeping, in an unenclosed area, of any goods, material,
merchandise or vehicles incidental to the principal use, for more
than 24 hours.
A structure which is customarily incidental and subordinate
to the principal building (i.e., detached garages, sheds, etc.). Accessory
structures may include structures necessary for providing wind or
solar power to the principal building.
A use of a building/structure, lot or portion thereof that
is customarily incidental and subordinate to, and does not change
the character of, a principal land use or development and that customarily
accompanies or is associated with such principal land use or development.
Examples of accessory uses include, but are not limited to:
A unit of land area containing 43,560 square feet.
An extension or increase in the floor area, number of stories
(floors), or height of a building or structure.
Refers to the rugged architectural style generally associated
with many buildings within the Adirondack Mountain area of Upstate
New York, many of which are utilized and referred to as "great camps."
Other uses include commercial and common residential. The builders
used native building materials, such as pine, cedar and spruce woods,
and often provided rustic appearances which incorporate many highly
craftsmen-like details, while avoiding the costs and time costs of
importing materials from elsewhere. Saranac Lake is home to many builders
and craftsman specializing in the construction of Adirondack architecture
throughout the Saranac Lake chain of lakes, Lake Placid and the St.
Regis Lakes. Elements such as whole, split, or peeled logs, bark,
roots, and burls, along with native granite and fieldstone were used
to build interior and exterior components. Massive fireplaces and
chimneys built of cut stone are also common with this architecture.
The use of native building materials was not only for promoting a
natural appearance but also to avoid the expense of transporting conventional
building materials into a remote location. Design elements of Adirondack
architecture often include one or more of the following features:
Wood siding, either vertical or horizontal (and often a combination
thereof), varieties of which include the native variety of log slab
siding often referred to by locals as "brainstorm," as well as cedar
shakes and "shingle style" details.
Stone, either natural or cut, laid upon the foundation as a
base for the first floor; a skirting for all or parts of a building.
Heavy timber or log corbels, trusses, brackets, columns or gables,
often with relatively intricate designs.
Gabled roofs of all pitches.
Shed roofs, interspersed within or between gabled roofs, as
dormer roofs, porch roofs or extension roofs.
Large eaves to keep snow and rainfall away from the foundations.
Intricate roof gable work that may include logs, heavy timbers,
corbels, and truss-work, whether functional or ornamental.
Towers or turrets.
Decks, porches, balconies at all levels with heavy timber, long
and/or twig railings.
Fenestration allowing maximum view shed viewing which may include
transoms or specialized fenestration above normally heighted windows
to in-fill cathedral-like, vaulted or elevated ceilings to facilitate
the view and natural sunlight.
Siding finishes of stain or paint, generally of earth tones.
A state governmental agency created in § 803 of
Article 27 of the Executive Law of the State of New York to develop
long-range land use plans for both public and private lands within
the Adirondack Park.
Article 27 of the Executive Law of the State of New York,
including any future amendments thereto.
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.
A commercial facility or business enterprise having as a
substantial portion of its activity characterized by emphasis on the
description or depiction of specified anatomical areas or specified
sexual activities, of live shows, motion-picture films or sound recordings
presented by coin- or slug-operated, or electronically or mechanically
controlled, still or motion-picture machines, projectors or other
image-producing devices; any business whose entertainers or waiters
and waitresses appear in a state that displays any specified anatomical
areas; or any business enterprise that offers services requiring the
client or customer to display any specified anatomical areas, except
medical clinics or hospitals. Note: The definition as listed above
is provided solely as a clarification of the meaning of the term used
in the definition of "arts activities" and "arts spaces." All adult
entertainment uses of any kind are prohibited in the Village of Saranac
Lake.
The process of decomposition of organic matter in an environment
with oxygen present. The microorganisms responsible for the decomposition
consume oxygen and produce carbon dioxide. This type of composition
is known to produce little or no offensive odor.
Sale of agricultural products, including but not limited
to crop-based goods (i.e., corn, potatoes, tomatoes, etc.) and dairy-based
goods (i.e., milk, eggs, etc.) for a fee.
Use of land for agricultural purposes, including farming,
growing and harvesting crops, dairying, pasturage, horticulture, floriculture,
viticulture and animal and poultry husbandry, and including the construction,
alteration or maintenance of fences, agricultural roads, agricultural
drainage systems and farm ponds and including the necessary accessory
structures for packing, treating, storage or production, including
any barn, stable or other building or structure directly and customarily
associated with agricultural use.
Any construction or renovation to an existing building or
structure other than a repair or addition.
A facility which transports any sick or injured person from
the scene of any accident, disaster or emergency situation to a hospital,
clinic or other location where professional medical care is available.
The service may also provide nonemergency interfacility transport
of injured or sick patients.
[Added 11-9-2020 by L.L. No. 7-2020]
The provision of entertainment, either wholly enclosed in
a building, or outside a building, for a fee.
The process of decomposition of organic matter in an environment
with little or no oxygen present. The microorganisms responsible for
the decomposition do not need oxygen. This method of composting decomposes
compostables more slowly than aerobic composting and is known to produce
hydrogen sulfide and ammonia-like compounds which have offensive odors.
A commercial facility or home occupation selling items constructed
and/or manufactured in an earlier period of time which have demonstrated
some level of collectability and/or continued value.
The visible, functional, or ornamental objects which are
attached to a building.
A designated AO, AH or VO Zone on a community's Flood Insurance
Rate Map (FIRM) with a one-percent or greater annual chance of flooding
to an average annual depth of one to three feet, where a clearly defined
channel does not exist, where the path of flooding is unpredictable
and where velocity flow may be evident. Such flooding is characterized
by ponding or sheet flow.
The land in the floodplain within a community subject to
a one-percent or greater chance of flooding in any given year. This
area may be designated as Zone A, AE, AH, AO, A1-A30, A99, V, VO,
VE OR V1-V30. It is also commonly referred to as the "base floodplain"
or "one-hundred-year floodplain."
A commercial facility or home occupation primarily selling
items of a unique and artistic nature which are constructed and/or
manufactured on the premises, but not producing noisy or otherwise
objectionable disturbances such as vibration, dust, odors, or heavy
truck traffic, and not involving the use of heavy machinery or mass
production. This includes artisans such as a glassblower, woodworker,
portrait painter and jewelry maker.
Includes commercial arts and art-related business service
uses, including but not limited to recording and editing services,
small-scale film and video developing and printing; titling; video
and film libraries; special-effects production; fashion and photo
stylists; production, sale and rental of theatrical wardrobes; and
studio property production and rental companies performance, exhibition,
rehearsal, production, post-production and some schools of any of
the following: dance, music, dramatic art, film, video, graphic art,
painting, drawing, sculpture, small-scale glass works, ceramics, textiles,
woodworking, photography, custom-made jewelry or apparel, and other
visual, performance and sound arts and craft. Arts activities exclude
accredited schools and accredited post-secondary educational institutions,
and any form of adult entertainment.
Includes studios, workshops, galleries, museums, archives
and theaters, and other similar spaces customarily used principally
for arts activities. Arts spaces shall exclude any form of adult entertainment.
A certified adult home or enriched housing program that has
additionally been approved by the DOH for licensure as an ALR. An
operator of an ALR is required to provide or arrange for housing,
twenty-four-hour on-site monitoring, and personal-care services and/or
home-care services in a home-like setting to five or more adult residents.
Recreational buildings, courts, fields, gymnasiums, rinks,
and other structures used for playing indoor and/or outdoor sports.
The principal use of any building, land area, or other premises
for the display, sale, rental or lease of new or used automobiles
(but may include light trucks, or vans, trailers, or recreation vehicles),
and including any vehicle preparation, warranty, or repair work conducted
as an accessory use.
The principal use of a building, land area, or other premises
for commercial repair, servicing, rebuilding or reconditioning of
motor vehicles or parts thereof, including collision service, body
and fender work, welding, painting, straightening, sanding and steam
cleaning of vehicles.
See "accessory use."
An establishment chartered by the state and federal government
to conduct financial transactions, including deposit and withdrawal
of funds, cashing checks, making loans, and maintaining depositories.
An establishment chartered by the state and federal government
to conduct financial transactions, including deposit and withdrawal
of funds, cashing checks, making loans, and maintaining depositories
where such transactions may occur between the establishment and the
person(s) in a vehicle.
The flood having a one-percent chance of being equaled or
exceeded in any given year.
That portion of a building having its floor subgrade (below
ground level) on all sides.
An owner-occupied private dwelling in which at least one
and not more than five rooms are offered for rent for transient occupancy,
in which overnight lodging and meals are offered to such occupant(s)
for a period not to exceed 30 days and in which services are only
provided to such occupants and not the general public.
Any room or space used or intended to be used for sleeping
purposes in either a dwelling or sleeping unit.
[Added 6-12-2023 by L.L. No. 3-2023]
See "rooming house."
A place, site, building or structure used to store three
or more vessels on any one lot for a fee, including any rental of
private residential docks.
A place, site, building or structure used to store less than
three vessels on any one lot that are registered to the owner of the
lot on which they are placed.
An accessory structure which has direct access to a body
of navigable water and:
An establishment where beer and malt beverages are made on
the premises in conjunction with a restaurant or tavern use.
[Added 10-22-2018 by L.L. No. 4-2018]
Open spaces, landscaped areas, fences, walls, berms, or any
combination thereof used to physically separate or screen one use
or property from another or from a street so as to visually shield
or block noise, lights, or other nuisances.
The area of a lot remaining after subtracting the area encompassing
freshwater wetlands as mapped pursuant to federal, NYSDEC and/or APA-designated
wetlands; wetland buffers as defined by NYSDEC or APA; slopes of 15%
or greater; or hydric soils identified on the United States Department
of Agriculture Soil Survey for Essex and/or Franklin County.
Any structure having a roof supported by columns or walls
and over 144 square feet in size intended for the housing, shelter
or enclosure of persons, animals or property.
The New York State Uniform Fire Prevention and Building Code
as promulgated by the New York State Building Code Commission pursuant
to Article 18 of the New York Executive Law.
[Added 6-12-2023 by L.L. No. 3-2023]
The area encompassed by a building's outer wall at ground
level.
The vertical distance measured from the lowest point of the
existing or finished grade (whichever is lower) adjacent to the foundation
to the uppermost portion of the building or structure, excluding chimneys
or other appurtenant structures.
The officer duly authorized to enforce in the Village of
Saranac Lake Building Code and the NYS Fire Prevention and Building
Code.
The line of that wall of the building nearest the front line
of the lot. This front wall includes sun parlors, covered porches
and edges of uncovered decks, whether enclosed or open, but does not
include steps and railings. Side and rear building lines involving
side and rear walls shall be determined in the same manner.
The storage and sale of goods relating to the construction
of buildings and related structures.
A subordinate building in which an accessory use is conducted.
A building containing two or more distinct principal uses.
A building in which is conducted the most consequential use
of the lot.
That percentage of the plot or lot area covered by the combined
area of all buildings or structures on the lot.
The diameter of a tree trunk measured in inches at breast
height (dbh) or 4 1/2 feet above grade.
Any area providing a site or sites for the temporary parking
or erection of occupied travel or pop-up trailers, motor homes, truck
campers and tents, and all buildings and facilities pertaining thereto.
The use of a property as a site for sleeping outside; or
for the temporary parking of occupied travel or pop-up trailers, motor
homes, truck campers, tents, and all buildings and facilities pertaining
thereto to serve as temporary residences.
[Added 6-12-2023 by L.L. No. 3-2023]
A cannabis retail dispensary, cannabis cultivation facility,
cannabis distributor, cannabis nursery, cannabis processing facility,
on-site cannabis consumption facility, or a cannabis microbusiness,
operating pursuant to the New York State Marihuana Regulation and
Taxation Act, as these terms are defined below.
[Added 1-9-2023 by L.L. No. 1-2023]
CANNABIS CULTIVATION FACILITYA facility that may include, but is not limited to, the agricultural production practices of planting, growing, cloning, harvesting, drying, curing, grading, and trimming cannabis, pursuant to the New York State Marihuana Regulation and Taxation Act.
CANNABIS DISTRIBUTORA cannabis facility that sells at wholesale any cannabis product, except medical cannabis, pursuant to the New York State Marihuana Regulation and Taxation Act.
CANNABIS MICROBUSINESSA cannabis facility operating pursuant to the New York State Marihuana Regulation and Taxation Act and which includes two or more of the following activities in one facility: cultivation, processing, distribution, delivery, and retail sales.
CANNABIS NURSERYA cannabis facility operating pursuant to the New York State Marihuana Regulation and Taxation Act that produces only clones, immature plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation of cannabis by licensed adult-use cannabis cultivators, microbusinesses, cooperatives, and registered organizations for commercial use or sale.
CANNABIS PROCESSING FACILITYA cannabis facility that may include, but is not limited to, blending, extracting, infusing, packaging, labeling, branding and otherwise making or preparing cannabis products requiring a license pursuant to the New York State Marihuana Regulation and Taxation Act.
CANNABIS RETAIL DISPENSARYA retail facility for the sale of cannabis products, requiring a license pursuant to the New York State Marihuana Regulation and Taxation Act.
ON-SITE CANNABIS CONSUMPTION FACILITYA facility for the on-site consumption of cannabis products, requiring a license pursuant to the New York State Marihuana Regulation and Taxation Act.
A structure containing facilities for washing automobiles
and automatic or semiautomatic application of cleaner, brushes, rinse
water and heat for drying on a commercial basis.
A roofed structure, providing space for the parking of motor
vehicles, with no walls on at least three sides.
A delineated place operated and maintained by a church or
governmental agency or others that provide burial or end-of-life services,
including a crematorium, columbaria, and aboveground storage vaults.
A change in the purpose or level of activity within a building
or structure that involves a change in the application of the requirements
of the New York State Uniform Fire Prevention and Building Code.
The keeping of bulk quantities of petroleum and other liquid
chemicals in outdoor tanks or other similar structures.
An enclosed structure, for housing or sheltering chickens,
which contains nesting boxes for the chickens to sit in while laying
their eggs as well as perches for the chickens to use while sleeping;
sometimes called a "hen house."
An open-air, outdoor area connected to or surrounding the
coop which is surrounded with wire or mesh screening to cage and protect
chickens from predators as they range outside the coop.
A facility where motion pictures are shown to the public
for a fee. The facility may encompass one or multiple theaters.
A land use or development which is classified and defined
as such in § 810(1) of the Adirondack Park Agency Act.[1]
A land use or development which is classified and defined
in § 810(1) of the Adirondack Park Agency Act.[2]
To cut all the trees on a lot, in a stand of timber, or within
a specified area.
A building or portion thereof or premises owned and/or operated
by a corporation, association, person or persons for a social, educational
or recreational activity, but not primarily for profit or to render
a service which is customarily carried on as a business.
A subdivision design, pursuant to § 7-738 of the
New York State Village Law, that allows lots to be reduced in size,
provided the total development density does not exceed that which
could be constructed on the site using a conventional subdivision
layout, and further provided that the remaining land is dedicated
as permanent open space.
An area of special flood hazard extending from offshore to
the inland limit of a primary frontal dune along an open coast and
any other area subject to high-velocity wave action from storms or
seismic sources. The area is designated on a firm as Zone V1-V30,
VE, VO or V.
A private educational institution authorized by the state
to award associate, baccalaureate, or higher degrees under accredited
curriculum. Associated services may include student housing, dining,
sports/recreational activities and support/administrative functions
and facilities.
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.
The use of a parcel of land/building for the purpose of retail/wholesale
business or trade of products or commodities; the provision of services
or entertainment; and the preparation, processing, or repair of such
articles, substances or commodities for on-premises transactions carried
on for a fee. These uses are listed under the "Commercial" land use
type in Schedule 1, Allowed Uses.[3]
An area of land, within a site designated for development,
which is designed, intended and reserved for the users of the development.
Common open space may include such complementary structures and facilities
as are appropriate for the needs of the users of the development.
Open space, housing for persons of low or moderate income,
parks, elder-care day care or other specific physical, social or cultural
amenities, or cash in lieu thereof, of benefit to the residents of
the community authorized by the Village of Saranac Lake Board of Trustees.
The person appointed by the Saranac Lake Village Board of
Trustees to administer and enforce this code.
A building or structure owned and operated by a governmental
entity or not-for-profit organization to provide a public or semipublic
service, such as libraries, museums, governmental buildings, firehouses
and churches.
A shared green space which is planned, designed, built and
maintained by community members for the enjoyment of the entire community
and used for the growing of flowers, fruits and/or vegetables, with
no retail sale of these flowers, fruits or vegetables from the site
of the garden. Community gardens may be solely used to raise food
for gardeners and/or the surrounding community, a decorative formal
garden, or an educational facility.
A community house is a residential dwelling unit where individuals are not handicapped as per the Federal Fair Housing Act but where, due to the particular needs of the resident individuals, a joint living arrangement is necessitated and where the individuals are under sponsorship or care of a public, nonprofit, or for-profit agency where the sponsor or caretaker provides, or arranges for, the provision of varying degrees of personal supervision and/or care in a residential environment, such as a halfway house, a personal-care residence, a community transitional facility, or any other such facility that provides such services. A community house shall not exceed eight beds. The following are not considered community houses: group homes, fraternities, sororities, dormitories, convents, communes, apartments, boarding and rooming houses, tourist homes, and hotels and motels. See Article XIV, Supplemental Standards, for specific provisions.
The provision of public utilities and activities that are
integral to the operations of governmental, educational and institutional
entities, including but not limited to health maintenance and medical
treatment; public sewer collection and treatment functions; water
treatment and distribution functions; treatment and care facilities
for disabled persons, etc.
A set of policies that directs site designers, transportation
planners, engineers, and public works departments to consistently
design and maintain roadways with all users in mind. Complete streets
are designed and operated to enable safe access for all users. Pedestrians,
bicyclists, motorists and transit riders of all ages and abilities
must be able to move safely and comfortably along and across a complete
street.
The solid organic constituents of leaves, grass clippings,
evergreen needles, plants, branches, brush, vegetative prunings and
garden and yard waste. For the purposes of this code, all other materials
are noncompostables. Noncompostables include but are not limited to
the following: inorganic material, paper sludge, sewage sludge, sludge,
septage, bio-solids, food, animal products and carcasses, human wastes,
medical wastes, animal wastes, construction and demolition debris
and any other wastes not listed in the first sentence of this definition.
Noncompostables are not permitted in a composting facility.
Conservation subdivisions are characterized by common open
space and clustered compact lots. The purpose of a conservation subdivision
is to protect open space and natural resources while allowing for
the maximum number of residential lots under current zoning and subdivision
regulations.[4]
The change in elevation represented by the space between
two adjacent topographic rings on a topographic map.
[Added 7-9-2018 by L.L.
No. 2-2018]
An area, buildings and or structures used for the keeping
of equipment, heavy equipment, materials, and vehicles relating to
building construction and/or excavation.
The right of a nonresident of a parcel or lot to use such
parcel or lot as a means to utilize some feature or resource where
said right is granted to a nonresident through membership in an organization
or club or by legal contract or deed stipulation.
An element of a building, structure or landscape that adds
to the historic association, historic architectural quality, or archaeological
values for which a property is significant because it was present
during the period of significance, relates directly to the documented
significance, and possesses historic integrity.[5]
A program or facility that is not located in a residence
in which child day care is provided.
[Added 12-9-2019 by L.L. No. 1-2020[6]]
A program that is in an owner-occupied residence in which child day care is provided. The home shall be operated in accordance with § 106-93 of this Code.
[Added 12-9-2019 by L.L. No. 1-2020]
Lands, within or related to a development, that are intentionally
set aside to be preserved as open space and which are designed and
intended for the common use of and often for the enjoyment of the
residents of the development. These are lands intentionally set aside
for the protection of unregulated open space such as woodlands, farmland,
and scenic view sheds. These lands may include complementary structures
and improvements and regulated lands. Public access may be permitted
through easements or other means.
The destruction and physical removal of any structure or
portion of a structure.
The number of principal dwelling units per unit area of land.
The total area of land subject to the application minus the
regulated lands. The lot density is derived by dividing the density
calculation area by the minimum lot size of the underlying zoning
district.
Any building, construction, addition, alteration, change
of occupancy, renovation, mining, extraction, dredging, filling, excavation,
or drilling activity or operation; any material change in the use
or appearance of any structure or in the land itself, including but
not limited to the division of land into parcels; any change in the
intensity or use of land, such as an increase in the number of dwelling
units in a structure or a change to a commercial or industrial use
from a less intensive use; any land disturbance or human activity
that alters a shore, beach, river, stream, lake, pond, canal, marsh,
woodlands, wetland, rare or endangered species habitat, aquifer or
other resource area, including shoreline construction or other activity.
The Board appointed by the Board of Trustee of the Village
of Saranac Lake with the powers set forth in the Village Law and the
Village of Saranac Lake Development Code,
The diameter of a tree trunk measured at a point 4.5 feet
above ground level.
[Added 7-9-2018 by L.L.
No. 2-2018]
The Director of Community Development for the Village of
Saranac Lake as appointed by the Village Board of Trustees and empowered
with the lawful and proper administration of this code.
Any physical activity which results in the modification of
topography by cutting or filling, stripping of topsoil, and/or placing
of physical structures or improvements thereon.
[Added 7-9-2018 by L.L.
No. 2-2018]
A structure, whether affixed or floating, placed in or upon
a lake, pond, river, stream or brook and which provides a berth for
watercraft and/or a means of pedestrian access to and from the shoreline.
This shall include boathouses, piers, and wharves, crib docks, stake
docks, floating docks and all such similar structures.
A sign on which two sides are visible, either back to back
or attached at an angle no greater than 45°. Two sign faces attached
at an angle greater than 45° shall be considered a single-faced
sign.
A tract of land designed and used for driving golf balls.
One or more rooms, designed, occupied, or intended for occupancy
as separate living quarters, with cooking, sleeping and sanitary facilities
for the exclusive use of a singly family maintaining a household.
A dwelling unit, 500 square feet or less, either in or added
to a single-family dwelling, or in a separate accessory building on
the same lot as the principal dwelling, for use as a complete and
independent housekeeping unit. Such a dwelling shall be clearly accessory
and incidental to the principal dwelling.
A form of dwelling ownership that involves a building, or
group of buildings, in which residential units, offices, or floor
area are owned individually and the structure, common areas, and facilities
are owned by all the owners on a proportional, individual basis.
A factory-manufactured dwelling unit built on or after June
15, 1976, and conforming to the requirements of the Department of
Housing and Urban Development (HUD) Manufactured Home Construction
and Safety Standards, 24 CFR Part 3208, 4/1/93, transportable in one
or more sections, which in the traveling mode is eight feet (2,438
mm) or more in width or 40 feet (12,192 mm) or more in length, or,
when erected on site, is 320 square feet (29.7 m2) minimum, constructed on a permanent chassis and designed to be
used with or without a permanent foundation when connected to the
required utilities, and includes the plumbing, heating, air conditioning
and electrical systems contained therein. The term "manufactured home"
shall also include any structure that meets all the requirements of
this definition except the size requirements and with respect to which
the manufacturer voluntarily files a certification required by the
Federal Department of Housing and Urban Development and complies with
the standards established under the national Manufactured Housing
Construction and Safety Act of 1974, as amended. The term "manufactured
home" shall not include any self-propelled recreational vehicle. Manufactured
homes are not considered to be single-family dwellings.
A building or portion thereof containing three or more entirely
separate dwelling units separated by walls and/or floors and designed
for occupancy by three or more families living independently of each
other. The dwelling units may be owned in common or separately but
shall not include townhouses as defined below.
A detached building containing one dwelling unit designed
for occupancy by one family. Manufactured homes (mobile homes) are
not considered to be single-family dwellings.
A one-family dwelling in a row of at least three such units
in which each unit has its own front and rear access to the outside,
no unit is located over another unit, and each unit is separated from
any unit by one or more vertical, common, fire-resistant walls. Townhouses
shall include separate fee ownership of the land underlying each unit
but may also include commonly owned lands associated with the townhouses.
A detached building containing two entirely separate dwelling
units that are structurally connected and designed for occupancy by
two families. Two-family dwellings may include remodeled single-family
dwellings, row houses or other similar buildings.
A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
[Added 6-12-2023 by L.L. No. 3-2023]
A legally binding document which provides the grantee with
specific entitlements related to the use and enjoyment of the grantor's
property.
Dwellings designed for, and occupied by, at least one person
55 years of age or older per dwelling unit and which has significant
facilities and care services specifically designed to meet the physical
and social needs of older persons.
Dwellings designed for, and primarily occupied by, at least
one person 55 years of age or older per dwelling unit.
An accessory structure consisting of a public or private
parking space that is served by battery-charging station equipment
that has as its primary purpose the transfer of electric energy (by
conductive or inductive means) to a battery or other energy storage
device in an electric vehicle.
A nonbasement building which is built, in the case of a building
in Zones A1-A30, AE, A, A99, AO, AH, B, C, X or D, to have the top
of the elevated floor or, in the case of a building in Zones V1-V30,
VE or V, to have the bottom of the lowest horizontal structure member
of the elevated floor, elevated above the ground level by means of
pilings, columns (posts and piers) or shear walls parallel to the
flow of the water and which is adequately anchored so as not to impair
the structural integrity of the building during a flood of up to the
magnitude of the base flood. In the case of Zones A1-A30, AE, A, A99,
AO, AH, B, C, X or D, "elevated building" also includes a building
elevated by means of fill or solid foundation perimeter walls with
openings sufficient to facilitate the unimpeded movement of floodwaters.
In the case of Zones V1-V30, VE or V, "elevated building" also includes
a building otherwise meeting the definition of "elevated building"
even though the lower area is enclosed by means of breakaway walls
that meet the federal standards.
To build, construct, attach, hang, place, suspend or affix
and shall also include the painting of wall signs.
Any extraction from the land of sand, gravel, clay, shale,
rock, topsoil or other natural mineral deposits. Also, see "mining."
An establishment or distinct part of an establishment licensed
or approved as a nursing home by a governing agency, infirmary unit,
or a home for the aged, or a governmental medical institution providing
continuous personal-care services for more than 30 days.
The exterior walls of a building exposed to public view.
The surface of the sign upon, against or through which the
message is displayed or illustrated on the sign.
One or more persons, not necessarily related by blood, marriage,
adoption, or guardianship, living together in a dwelling unit as a
single housekeeping unit. For the purpose of this chapter, "family"
does not include a group occupying a boardinghouse, lodging house,
club, fraternity or hotel or any group of individuals who are in a
group living arrangement as a result of criminal offenses.
The seasonal selling or offering for sale at retail of vegetables
or produce, flowers, orchard products, and similar nonanimal agricultural
products, occurring in a predesignated area and/or building, where
vendors are individuals who have raised the vegetables or produce
or have taken the same on consignment for retail sale.
The federal agency that administers the National Flood Insurance
Program.
An artificially constructed barrier of any material or combination
of materials erected to enclose or screen an area of land.
The arrangement, proportioning, and design of windows and
doors in a building.
An organization consisting of personnel, apparatus and equipment
which has as its purpose protecting property and maintaining the safety
and welfare of the public from the dangers of fire, including a private
firefighting brigade. The personnel of any such organization may be
paid employees or unpaid volunteers or any combination thereof. The
terms "fire prevention," "firefighting" and "fire control" relate
to activities conducted by a fire department.
[Added 11-9-2020 by L.L. No. 7-2020]
The temporary overflowing of water onto land that is usually
devoid of surface water.
An official map of the community published by the Federal
Emergency Management Agency as part of a riverine community's Flood
Insurance Study. The "FBFM" delineates a regulatory floodway along
watercourses studied in detail in the Flood Insurance Study.
An examination, evaluation and determination of the flood
hazards and, if appropriate, corresponding water surface elevations
or an examination, evaluation and determination of flood-related erosion
hazards.
An official map of a community, issued by the Federal Emergency
Management Agency, where the boundaries of the areas of special flood
hazard have been designated as Zone A but no flood elevations are
provided.
An official map of a community, on which the Federal Emergency
Management Agency has delineated both the areas of special flood hazard
and the risk premium zones applicable to the community.
See "flood elevation study."
"Flood" or "flooding" also means the collapse or subsidence
of land along the shore of a lake or other body of water as a result
of erosion or undermining caused by waves or currents of water exceeding
anticipated cyclical levels or suddenly caused by an unusually high
water level in a natural body of water, accompanied by a severe storm
or by an unanticipated force of nature, such as a flash flood or an
abnormal tidal surge, or by some similarly unusual and unforeseeable
event which results in flooding as defined in this section.
Any land area susceptible to being inundated by water from
any source. (See definition of "flood" or "flooding.")
Any combination of structural and nonstructural additions,
changes or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
See "regulatory floodway."
The sum of the gross horizontal area of all floors of a building
measured from the exterior faces of the exterior walls or from the
center line of the walls separating two buildings. Unheated porches,
terraces, cellars, basements and enclosed off-street parking areas
shall not be included in calculation of floor area.
The act of growing trees, harvesting timber or replanting
trees that may be in accordance with a management plan endorsed by
the Department of Environmental Conservation.
Any cutting of all or substantially all trees over six inches
in diameter at breast height over any ten-year cutting cycle.
The removal of a single or scattered number of trees over
six inches in diameter at breast height or species of trees, on a
lot, in a stand of timber, or within a specified area and not resulting
in soil erosion or noticeable ground disturbance.
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.
A use which cannot perform its intended purpose unless it
is located or carried out in close proximity to water, such as a docking
or port facility necessary for the loading and unloading of cargo
or passengers, shipbuilding and ship repair facilities. The term does
not include long-term storage, manufacturing, sales or service facilities.
A building used by a licensed mortician for burial preparation,
funeral and related services.
An enclosed space for the storage of one or more motor vehicles,
provided that no business, occupation or service is conducted for
a fee therein and no spaces therein for more than three cars are leased
to a nonresident of the premises.
A structure or portion thereof used primarily for the parking
and storage of vehicles and available to the general public.
A fence that is used to protect gardens from animals. Garden
fences shall only enclose areas dedicated to the growing of fruits,
vegetables, and ornamental flowers. Temporary garden fences may only
be erected between April 15 and October 15 and may only be constructed
of materials commonly used for such applications but are otherwise
exempt from the provisions of this code. Permanent garden fences may
be constructed of materials commonly used for such applications and
may not exceed eight feet in height or be located in the front yard,
and shall otherwise be subject to the provisions of this code. Temporary
garden fences may be located in the front yard.
Any building, land area, or other premises, or portion thereof,
used for the retail dispensing or sales of vehicular fuels and which
may include a canopy, facilities for lubricating, washing, cleaning
or otherwise servicing motor vehicles, but not including the painting
or major repair thereof or the use of mechanical car-washing equipment.
Any building, land area, or other premises, or portion thereof,
used for the retail dispensing or sales of vehicular fuels and which
may include a canopy, along with a retail establishment selling primarily
food products, household items, newspapers and magazines, candy, beverages
and a limited amount of freshly prepared foods, such as sandwiches
and salads, for off-premises consumption.
A room or group of rooms used for conducting the affairs
of units, departments or agencies of municipal, county, state or federal
governments and generally outfitted with desks, tables, files, computers,
and communications-related equipment.
A building whose roof and sides are made largely of glass
or other transparent or translucent material and in which the temperature
and humidity can be regulated for the cultivation of delicate or out-of-season
plants for subsequent sale. These shall be considered an agribusiness.
An accessory building whose roof and sides are made largely
of glass or other transparent or translucent material and in which
the temperature and humidity can be regulated for the cultivation
of delicate or out-of-season plants.
Any single or double-faced sign supported by uprights or
braces placed upon the ground and not attached to any building.
A residential dwelling unit occupied by unrelated individuals
as a single nonprofit housekeeping unit only if all said occupants,
with the exception of supervisory personnel, are handicapped persons
as defined in Title VIII of the Civil Rights Act of 1968, as amended
by the Fair Housing Act of 1988. Such unrelated individuals shall
have the right to occupy a residential dwelling unit in the same manner
and to the same extent as any family unit as defined in this section.
Repair of trucks, tractors, construction equipment, agricultural
implements, and similar heavy equipment. Typical uses include truck
repair garages, trucking yard terminals, tractor and farm implement
repair services, and machine shops, specifically excluding dismantling
or salvaging of vehicles.
The highest natural elevation of the ground surface, prior
to construction, next to the proposed walls of a structure.
A building or structure listed on or eligible for listing
on state and/or national registers.
A delineated area as listed on state and national registers.
Any structure that is:
Listed individually on the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either by an approved state program as determined by the
Secretary of the Interior or directly by the Secretary of the Interior
in states without approved programs.
A domestic or service activity conducted entirely within the dwelling unit and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the residence for residential purposes and does not change the character thereof. A home occupation is an accessory use to a residential use as regulated under § 106-93 of this code.
A community association that is organized in a development
in which individual owners share common interests and responsibilities
for costs and upkeep of common open space or facilities. The association
may be responsible for enforcing certain covenants and restrictions
agreed to by individual owners.
A facility or institution engaged principally in providing
services by or under the supervision of a physician or, in the case
of a dental clinic or dental dispensary, of a dentist, for the prevention,
diagnosis or treatment of human disease, pain, injury deformity or
physical condition, including, but not limited to, a general hospital,
public health center, diagnostic center, treatment center, dental
clinic, dental dispensary, rehabilitation center other than a facility
used solely for vocational rehabilitation, nursing home, tuberculosis
hospital, chronic disease hospital, maternity hospital, lying-in asylum,
out-patient department, out-patient lodge, dispensary and a laboratory
or central service facility serving one or more such institutions.
A person who owns the real property within which the STR
is located and has lawfully been in operation as of January 31, 2023.
[Added 6-12-2023 by L.L. No. 3-2023]
A person whose legal primary residence is within the Village
of Saranac Lake, and can provide proof of such residency, and owns
the real property within which the STR is to be located.
[Added 6-12-2023 by L.L. No. 3-2023]
An establishment which provides overnight sleeping accommodations
for transient guests and provides customary hotel services such as
maid service, the furnishing and laundering of linen, telephone and
secretarial or desk service. A hotel may also provide restaurants,
meeting rooms, entertainment and recreational facilities. This term
includes the terms "motel" and "inn."[7]
The functional equivalent of a traditional family, whose
members are a nontransient interactive group of persons jointly occupying
a single dwelling unit, including the joint use of common areas and
sharing household activities and responsibilities (e.g., meals, chores
and expenses). This does not include a boarding house.
A set of rules that applies to renters of an STR unit while
occupying the unit, set forth by the property owner prior to any rental
occurrence or lease.
[Added 6-12-2023 by L.L. No. 3-2023]
A cabin, camp or lean-to or other similar structure designed
and used only for occasional occupancy and primarily for hunting,
fishing, and similar purposes that:
Is a one-story structure but may include a sleeping loft;
Is built on posts or piers and does not have a permanent foundation;
Is served by a sanitary pit privy or chemical toilet and does
not have a conventional, on-site wastewater treatment system;
Does not have pressurized or indoor plumbing (This prohibition
does not preclude a kitchen sink with appropriate grey water leach
pit.); and
Is not connected to any public utilities (such as electric,
phone, cable, water or sewer systems).
Soils that are saturated, flooded, or ponded long enough
during the growing season to develop anoxic conditions in the upper
part of the soil profile.
A surface that has been compacted or covered with a layer
of material (i.e., asphalt, gravel, stone, and concrete pavers) so
that it is highly resistant to infiltration by water.
The system by which specific incentives or bonuses are granted,
pursuant to § 7-703 of the New York State Village Law, on
condition that specific social, economic, or cultural benefits or
amenities are provided to the community.
Adjustments to the permissible density requirements of this
code in exchange for a specific community benefit or amenity that
provides for the significant preservation of open space in a manner
not otherwise allowed by this code; these adjustments may incorporate
two or more noncontiguous parcels of land.
Means, for purposes of the definitions of "accessory use"
and "accessory structure," a structure or use which commonly accompanies
or is associated with the type of principal land use that is located
on the same property.
A tract of land that is planned, developed, and operated
as a coordinated and integrated facility for a number of separate
industrial uses, with consideration for circulation, parking, signage,
utility needs, aesthetics and compatibility.
Those fields of economic activity including forestry, fishing,
hunting and trapping; mining; construction; manufacturing; transportation,
communications, electric, gas and sanitary services; and wholesale
trade. These uses are listed under the "Industrial" land use type
in Schedule 1, Allowed Uses.[8]
A use involving the assembly, manufacturing and/or processing
of a product, but not producing noisy or otherwise objectionable disturbances
such as vibration, dust, odors, or heavy truck traffic, and not involving
the use of heavy machinery.
An industrial process for the manufacturing, processing,
cleaning or assembly of any product, commodity or article which is
not considered light industry, but not including:
Refineries;
Cement manufacturing;
Slaughterhouses;
Explosives manufacturing;
Manufacture, fabrication or assembly of nuclear weapons or components
of nuclear weapons;
Any storage, transfer, use and/or processing of toxic or hazardous
wastes, including medical wastes, sewage sludge and any materials
containing pathogens;
Any manufacture, storage, use, processing, generation and/or
storage of corrosive, highly toxic, oxidizing, pyrophoric, water-reactive,
highly combustible, flammable, or explosive materials that constitute
a high fire, explosion or health hazard, including but not limited
to loose, combustible fibers, dust and unstable material;
Any manufacture, storage, transportation, processing and/or
any other use of any substance potentially dangerous to the public
health, safety and welfare, including generation of any such material
as a byproduct or waste product; or
The burning, gasification or other combustion or chemical conversion,
by any process, of any fuel or material of any form or nature; whether
solid, liquid, gaseous, or other; which would result in the generation,
creation or release of heat, electricity or any other form of energy
or fuel, whether directly or indirectly.
See "hotel."
An establishment that provides, on a regular basis, personal
care, including dressing and eating and health-related care and services,
for up to 30 days, to individuals who require such assistance but
who do not require the degree of care and treatment that a hospital
or skilled-nursing facility provides.
Any scrap, waste, reclaimable material, or debris, whether
or not stored, for sale, or in the process of being dismantled, destroyed,
processed, salvaged, stored, baled, disposed of, or for other use
or disposition. This may include unregistered and inoperable vehicles,
tires, vehicle parts, equipment, metal, glass, building materials,
household appliances, machinery, brush, wood, lumber, or other discarded
materials.
Any lot, land, parcel, building, or structure, or part thereof,
used for the storage, collection, processing, dismantling, purchase,
sale, salvage, or disposal of junk.
Any place where any number of domestic animals are kept for
the purpose of selling such animals and/or breeding, or boarding,
the same for sale, and where the keeping, breeding, boarding and/or
selling of such animals is not merely incidental to the primary use
of such premises for residential occupation.
Any activity involving the clearing, cutting, excavating,
filing, or grading of land or any other activity that alters existing
land topography or ground cover.
Those areas delineated on the official Adirondack Park Land
Use and Development Plan Map adopted under Article 27 of the Executive
Law of the State of New York.
Any construction or other activity which materially changes
the use or appearance of land or a structure. Land use and development
shall not include any ordinary repairs or maintenance or interior
alterations to existing structures or uses.
Any disposal area or tract of land, unit or a combination,
licensed or approved by the appropriate governmental agency, that
is used to collect, store, handle, dispose of, bury, cover over, or
otherwise accept or retain solid wastes.
A facility containing books, periodical publications, internet
accessibility, and data and information in electronic formats for
the purpose of reading, research, study and personal and professional
enrichment.
A person performing a professional service such as consultation,
investigation, evaluation, planning, design or supervision of construction
or operation in connection with any utilities, structures, buildings,
machines, equipment, processes, works, or projects wherein the safeguarding
of life, health and property is concerned, when such service or work
requires the application of engineering principles and data and holding
a duly authorized license from the Commissioner of the New York State
Department of Education.
The dividing line between the street and the lot.
An establishment engaged in the sale of alcoholic beverages
for off-premises consumption.
[Added 1-9-2023 by L.L. No. 1-2023]
Includes, but is not limited to, horses, cattle, goats, sheep,
swine, Ilamas and alpacas, fowl, ratites (such as ostriches, emus,
rheas and kiwis), farmed deer, farmed buffalo and fur-bearing animals.
A portion of a structure which is reserved for the primary
purpose of providing structural access for the arrival and dispersal
of goods and products transported by truck or rail.
A portion or parcel of land considered as a unit devoted
to a certain use or occupied by a building or a group of buildings
that are united by a common interest or use, and the customary accessories
and open spaces belonging to the same.
The total area within the boundary lines.
Any line dividing one lot from another.
The process for adjusting property lines between lawfully
created lots. It is not permissible for this process to reduce the
size of a lot so that it contains insufficient area and dimension
to meet minimum requirements of this code.
The lot line, which abuts upon a street or highway ROW boundary,
or shoreline if the principal structure faces such shoreline.
The lot line opposite and most distant from the front lot
line.
Any lot which has been established as such by plat, survey,
record or deed prior to the effective date of this chapter, as shown
in the records of the Village Assessor.
The width of the lot measured at the front building line
of the principal building. If no principal building exists, the lot
shall be measured from the front setback line.
A lot abutting upon two or more streets at their intersection.
A lot with a narrow front lot line and with narrow lot width
extending through the lot and then widening before reaching the rear
lot line.
A lot other than a corner lot.
A parcel of land that has less than the minimum area or minimum
dimensions required in the zone in which the parcel is located.
An interior lot having frontage on two parallel or approximately
parallel streets.
The lowest floor of the lowest enclosed area, including a
basement or cellar. An unfinished or flood-resistant enclosure, usable
solely for parking of vehicles, building access or storage in an area
other than a basement area, is not considered a building's "lowest
floor," provided that such enclosure is not built so as to render
the structure in violation of the applicable design requirements of
this chapter.
A project that requires a special permit and that exceeds
any of the thresholds for a minor project.
See "subdivision, major."
See "dwelling, manufactured home."
A parcel of land under single ownership which has been planned
and improved for the placement of two or more manufactured homes,
appurtenant structures, or additions.
A designated site within a manufactured home community for
the exclusive use of the occupants of a single manufactured home.
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.
Legislation signed into law on March 31, 2021, legalizing
adult-use cannabis (also known as "marijuana" or "recreational marijuana")
in New York State. The legislation created a new Office of Cannabis
Management (OCM) governed by a Cannabis Control Board to comprehensively
regulate adult-use, medical, and hemp cannabis. The OCM will issue
licenses and develop regulations outlining how and when businesses
can participate in the new industry.
[Added 1-9-2023 by L.L. No. 1-2023]
A facility for the servicing, fueling, berthing, and securing
of boats and which may include eating, lodging, and retail facilities
for owners, staff and patrons.
A facility which provides services or berthing places for vessels
by engaging in any of the following:
The sale of marine products or services, except for such sale
as part of a dry land facility which does not quick-launch vessels
or regularly service vessels berthed on the water;
The sale, lease, rental or charter of vessels of any type;
The operation of a boat launch;
The offering of rides, instruction or water-based recreation
for a fee;
The operation of a quick-launch facility regardless of the location
where the vessels are stored; or
The storage, berthing or mooring of two or more motorized vessels
and/or nonmotorized vessels 18 feet in length or more not registered
to the owner of the property, regardless of remuneration or profit.
Exceptions:
The use of residential or association docks, wharfs or moorings
by the owner of the facility, the owner's family or the owner's gratuitous
guest, or such use by a person as part of the single-family residential
rental of a residence or a residential unit which includes the use
of a dock, wharf or mooring;
Docks, wharfs and moorings used as an accessory use to a hotel,
motel, inn, housekeeping cottage, campground or recreational vehicle
park, used exclusively by registered guests;
Docks, wharfs, and moorings used as an accessory use to a restaurant,
used exclusively by patrons while dining at such restaurant; and
Docks, wharfs and moorings used exclusively by persons engaged
in the sale of fishing products or the sale and service of scuba products.
The exceptions as listed above shall not apply to facilities which are otherwise engaged in any of the services or activities set forth in Subsection A, items (1) through (5), of this definition.
Any dock, wharf or mooring made available for use by any
person as a berthing place for one motorized vessel or one nonmotorized
vessel 18 feet in length or more not registered to the owner of the
property, regardless of remuneration or profit, except:
The use of residential or association docks, wharfs or moorings
by the owner of the facility, the owner's family or the owner's gratuitous
guest, or such use by a person as part of the single-family residential
rental of a residence or a residential unit which includes the use
of a dock, wharf or mooring;
Docks or wharfs used as an accessory use to a hotel, motel,
inn, housekeeping cottage, campground or recreational vehicle park,
used exclusively by registered guests;
Docks, wharfs, and moorings used as an accessory use to a restaurant,
used exclusively by patrons while dining at such restaurant; and
Docks, wharfs and moorings used exclusively by persons engaged
in the sale of fishing products or the sale and service of scuba products.
The arrangement of forms, elements, or individual components
of building design.
Any change in existing land use or development that:
[Amended 11-8-2021 by L.L. No. 3-2021]
That portion of a site routinely used for the outdoor storage
of any products, goods, or raw materials.
The maximum height to which a building or structure may be
constructed, measured from the lowest manipulated grade to the highest
point of the structure. Limitations shall not apply to belfries, church
spires, cupolas, penthouses and domes which are not used for human
occupancy; nor to chimneys, ventilators, skylights, water tanks and
necessary mechanical appurtenances usually carried above the roof
level; nor to barns, silos, monuments, transmission towers and similar
structures.
The maximum percentage of the lot area that may be covered
by the combined area of all buildings, structures, or impervious surfaces
on the lot.
The average annual high-water level of a body of water.
For purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929 or other datum to
which base flood elevations shown on a community's Flood Insurance
Rate Map are referenced.
A facility in which one or more doctors trained in the healing
arts, assisted by a staff; treat patients for a length of time that
does not include overnight care.
Includes the tower, base plate, anchors, guy wires and hardware,
anemometers (wind speed indicators), wind direction vanes, booms to
hold equipment for anemometers and vanes, data loggers, instrument
wiring, and any telemetry devices that are used to monitor or transmit
wind speed and wind flow characteristics over a period of time for
either instantaneous wind information or to characterize the wind
resource at a given location. For the purpose of this code, met towers
shall refer only to those whose purpose is to analyze the environmental
factors needed to assess the potential to install, construct or erect
a small wind energy system.
The excavation, stockpiling or processing of sand, gravel,
clay, topsoil, rock, stone or other natural material deposits as resource
material for other manufacturing processes or construction activities.
A project that requires a special permit and that falls below
all of the following thresholds:
Construction of four or fewer multifamily dwelling units;
Construction of facilities or structures for a nonresidential
use covering no more than 2,000 square feet of building footprint;
Minor alteration of existing structures or expansion of such
structures by no more than 1,000 square feet;
Conversion of existing structures to another use; and
Alteration and active use of 5,000 square feet or less of land,
with or without structures, in connection with the special permit
use.
See "subdivision, minor."
The vertical development of a building with allowable uses
in a compact, urban form that promotes human density and efficient
use of land with a combination of residential and first-floor commercial
uses as follows: retail sales, Type I; retail sales, Type II; retail
store, convenience; tavern; restaurant; hotel/motel; antique shop;
artisan shop.
A factory-manufactured dwelling unit built prior to June
15, 1976, with or without a label certifying compliance with NFPA,
ANSI or a specific state standard, transportable in one or more sections,
which in the traveling mode is eight feet (2,438 mm) or more in width
or 40 feet (12,192 mm) or more in length, or, when erected on site,
is 320 square feet (29.7 m2) minimum, constructed
on a permanent chassis and designed to be used with or without a permanent
foundation when connected to the required utilities, and includes
the plumbing, heating, air conditioning and electrical systems contained
therein. The term "mobile home" shall not include travel trailers
or any self-propelled recreational vehicle.
Those areas of land where the grade is 15% to 25%.
[Added 7-9-2018 by L.L.
No. 2-2018]
Any change to a building or structure that materially changes
the size, type or location of the building or structure. Like-kind
replacements shall not be construed to be a modification.
See "hotel."
A pathway designed for and used by varying forms of transportation
(i.e., bicycle, cross-country skiing, jogging, running, and pedestrian).
An operational system, constructed and maintained for the
collection and renovation of nonhazardous wastewater flows, which
is either owned or maintained by a municipality or a public utility
company.
An operational system, constructed and maintained for the
purpose of distribution of potable water for general use, which is
either owned or maintained by a municipality or a public utility company.
A nonprofit, noncommercial establishment operated as a repository
for a collection and display of historic artifacts, artistic pieces,
nature-related items, sculptures, scientific or literary curiosities
or objects of interest or works of art, not including the regular
sale or distribution of the objects collected. A museum may include
retail as an accessory use.
As corrected in 1929, a vertical control used as a reference
for establishing varying elevations within the floodplain.
The difference between the electricity supplied to a customer
over the electric distribution system and the electricity generated
by the customer's small wind energy system or solar electric system
that is fed back into the electric distribution system over a billing
period.
Any lot lawfully of record on the effective date of this
code which does not meet the minimum lot area and/or lot width requirements
of this code for the land use district in which such lot is situated.
Any sign lawfully existing and maintained at the time of
the adoption of this code but made nonconforming by the provisions
hereof.
Any building or structure which is lawfully in existence
on the effective date of this code but which is not in conformance
with the location or dimensional regulations for that land use district.
Any use which is lawfully in existence within a given plan
district on the effective date of this code and which is not in conformance
with the use regulations of this code.
The growing, cultivation, storage, and sale of garden plants,
flowers, trees, shrubs, and fertilizers, as well as the sale of garden
tools and similar accessory and ancillary products to the general
public.
The growing, cultivation, storage, and sale of garden plants,
flowers, trees, shrubs, and fertilizer to landscapers, developers,
builders, and retail nurseries.
An extended- or intermediate-care facility licensed or approved
by the appropriate governmental agency to provide full-time convalescent
or chronic care to individuals who, by reason of advanced age, chronic
illness or infirmity, are unable to care for themselves.
A sign, including its frame, structure and other supporting
elements, which advertises a business no longer conducted or a product
no longer sold.
Any sign advertising or calling attention to any business
or activity not located on the same continuous parcel of real estate
as the sign or any sign advertising or calling attention to any commodity
or service not sold or offered upon the same continuous parcel of
real estate as the sign.
A building used primarily for conducting the affairs of a
business, profession, service, industry, or like activity, and may
include auxiliary services for office workers.
A set of components or systems that treat, convey, and dispose
of domestic wastewater on the same parcel or adjoining parcel.
See "base flood."
A sign with perforated material used on a window with graphic
design and/or color on one side that is not visible from the other
side. The material used on the sign may provide a clear, tinted view
from one side through the window panel.
Land not covered by buildings, pavement, open storage, mining
operations, or any other use that visually obscures the natural or
improved landscape, except for recreation facilities.
Any recreational activity particularly oriented to and utilizing
the outdoor character of an area.
Any equipment, device or apparatus, or any part thereof,
which is installed, affixed or situated outdoors for the primary purpose
of combustion of fuel to produce heat or energy used as a component
of a heating system providing heat for any interior space.
The keeping, in an enclosed area, of items and vehicles that
are incidental to the principal residential use of a lot.
The keeping, in an unenclosed area, of any goods, material,
or merchandise in the same place for more than 24 hours.
A special land use district which encompasses a delineated
geographic area of the Village for the purpose of protecting, enhancing
or developing one or more community resources.
The titleholder of record of real property or, if deceased,
his/her estate.
A tract of land, designated and used by the public, for active
and passive recreation.
An accessory use involving any parking space, other than
along a street or public ROW, for the storage of more than three vehicles
on a continuing basis for the exclusive use of the owners of the lot
or whomever else the owner permits to use the parking lot.
An accessory use involving any parking space, other than
along a street or public ROW, for the storage of more than three vehicles
on a continuing basis and available to the public.
An off-street space available for the parking of one motor
vehicle and having an area of not less than 162 square feet, exclusive
of passageways.
The specific provisions of this chapter which have been created
for the purpose of fulfilling the goals and objectives of the Village
of Saranac Lake Comprehensive Plan and the Village LWRP and improving
the health, safety and welfare of the residents of the Village.
Includes footings below frost line.
Any use allowed in this code and subject to the restrictions
applicable.
Any individual, corporation, partnership, association, trustee,
the state and all political subdivisions of the state or any agency
or instrumentality thereof.
Establishments primarily engaged in providing services involving
the care of a person or his or her personal goods or apparel.
The physical elements of a site (i.e., steep slopes, wetlands,
hydric soils, lakes, ponds, streams, etc.) that are not conducive
to the development of buildings, structures and/or roads and driveways.
A building or structure, or group of buildings and structures,
which by design and construction are primarily intended for use by
groups or persons to conduct organized religious services and the
accessory uses associated therewith.
An area of land in which a variety of land use types are
accommodated in an integrated and preplanned manner under more flexible
standards than would normally apply under these regulations, the approval
of which involves requirements in addition to those of the standard
subdivision, such as building design and landscaping and open spaces.
A map, plan or layout of the Village, or a section or subdivision
thereof, indicating the location and boundaries of individual properties
and streets.
The transmission system, managed by publically regulated
utilities, created to balance the supply and demand of electricity
for consumers in New York State.
The point of ingress and egress most often used for entering
or exiting a building. For garages, the primary entrance is the point
of ingress and egress for vehicles entering or exiting the garage.
A person's domicile where they usually live. A primary residence
is considered to be a legal residence for the purpose of income tax
and voting registration.
[Added 6-12-2023 by L.L. No. 3-2023]
The main or primary purpose for which land or a building
is used, occupied or maintained. When more than one use is on a lot,
the most intense use shall be considered the main or primary use.
A sign which identifies or advertises a profession, business
or place where goods or services may be obtained and situated upon
the premises where the sign is located.
When at least 51% of the actual cash value of a structure,
excluding land value, is above ground.
A fence, including gates, constructed of a solid material
and providing an opaque or blocked view.
A structure designed for the sale of farm products, such
as fruits, vegetables and flowers.
A double- or single-faced sign mounted to an exterior wall
of a building or structure and which projects out from the wall more
than six inches.
Any component building of a college, school, hospital, library,
place of worship, museum, research center, rehabilitation center or
similar facility, or a municipal building.
A parcel of land in public ownership open to the public for
vehicular or pedestrian access.
Any system of components, other than an individual septic
tank, tile field, or individual well, that is operated by a municipality,
governmental agency, public utility, or transportation corporation
for the collection, treatment, and disposal of wastes and the furnishing
of potable water.
A building, structure or land use in connection with the
transportation/highway functions and/or the transmission, distribution
or regulation of public water, gas, electric, sewer, telecommunications,
or other public utility service.
Public and quasi-public land uses such as churches, clubs,
lodges, public schools, private schools, colleges, museums, fire and
police stations, public utilities, and public buildings. These uses
are listed under the "Public/Institutional" land use type in Schedule
1, Allowed Uses.[9]
A facility or an activity whereby vessels are stored on land
and periodically launched for use during a single boating season.
The periodic storage, launching and storage of a vessel by the same
person at the same location shall be presumed to be a quick-launch
facility; provided, however, that the storage of a vessel on residential
property for use by the owners or lessees of that property shall not
be a quick-launch facility regardless of the number of times the vessel
is launched and stored during a single boating season.
A building where passenger trains arrive and depart, usually
equipped with facilities for the accommodations (i.e., parking lot)
of passengers of the trains.
A ROW accommodating the travel of trains.
The remodeling, renovation or rebuilding of a building or
structure.
A use of land, water, structures or buildings designed and
equipped for the conduct of sports and leisure-time activities.
A recreation facility operated by a private organization
and open only to members or guests.
Leisure-time activities, usually of a formal nature and often
performed with others, requiring equipment and taking place at prescribed
places, sites, or fields.
Activities that involve relatively inactive or less energetic
activities, such as walking, sitting, picnicking and board and table
games.
Residential buildings that are manufactured at an off-site
facility and then transported to a site for permanent placement. It
is not designed or intended for use as a permanent dwelling, sleeping
place or other occupancy, but it is to provide temporary and/or seasonal
living quarters.
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest
horizontal projections;
Designed to be self-propelled or permanently towable by a light-duty
truck; and
Not designed primarily for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel or seasonal
use.
A lot or parcel of land, with or without buildings, upon
which used materials are separated and processed for shipment for
eventual reuse in new products.
Regulated lands include:
Freshwater wetlands as mapped pursuant to federal, NYSDEC and/or
APA-designated wetlands;
Water sources as classified pursuant to NYSDEC stream classification
system;
Slopes in excess of 15%; and
Hydric soils identified on the United States Department of Agriculture
Soil Survey for Essex and/or Franklin County.
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height as determined by the Federal Emergency Management Agency in a flood insurance study or by other agencies as provided in § 106-155 of this chapter.
A facility that provides in-patient and/or out-patient care,
treatment, and/or rehabilitation services for persons recovering from
illness or injury who do not require hospitalization. Services provided
may also include residential stay, recreational activities and transportation.
An agreement granting use or possession of a residence, in
whole or in part, to a person or group in exchange for consideration
valued in money, goods, labor, credits, or other valuable consideration.
[Added 6-12-2023 by L.L. No. 3-2023]
The practice of renting or leasing properties and subletting
them on STR platforms with or without knowledge or consent of the
property owner.
[Added 6-12-2023 by L.L. No. 3-2023]
The restoration to good or sound condition of any part of
an existing building for the purpose of its maintenance.
A building in which chemical, mechanical, physical, electrical
or other research, production, design or development of materials
or processes is conducted. The definition includes the term "laboratory."
Land uses such as single-family dwellings, two-family dwellings,
multifamily dwellings, townhouses, manufactured homes, group homes,
community houses, and rooming houses where the occupants are primarily
permanent in nature (e.g., occupancy is greater than 30 days). These
uses are listed under the "Residential" land use type in Schedule
1, Allowed Uses.[10]
A place where food and drink are prepared, served, and consumed,
primarily within the principal building. Seating of patrons may occur
outside on an open-air and/or seasonal patio or deck.
An establishment where food and/or beverages are sold in
a form ready for consumption, where all or a significant part of the
consumption takes place outside the confines of the restaurant, and
where ordering and pickup of food may take place from an automobile.
An establishment whose principal business is the sale of
preprepared or rapidly prepared food directly to the customer in a
ready-to-consume state for consumption either within the restaurant
building, off premises, or in vehicles on or off the premises.
The display and sale of products and services, primarily
outside of a building or structure, including vehicles; garden supplies,
flowers, shrubs, and other plant materials; gas, tires and motor oil;
food and beverages; boats and aircraft; farm equipment; motor homes;
burial monuments; building and landscape materials; and lumberyards.
The selling or rental of goods or merchandise to the general
public or to business clients, for personal use or household consumption,
and the rendering of services incidental to the sale of such goods
within a building less than 2,500 square feet in size.
The selling or rental of goods or merchandise to the general
public or to business clients, for personal use or household consumption,
and the rendering of services incidental to the sale of such goods
within a building greater than 2,500 square feet in size.
A retail establishment of up to 5,000 square feet selling
primarily food products, household items, newspapers and magazines,
candy, beverages and a limited amount of freshly prepared foods, such
as sandwiches and salads, for off-premises consumption.
A wall three feet tall or higher that resists lateral pressures
and limits lateral displacement caused by soil, rock, water or other
materials, except that basement and vault walls that are part of a
building or an underground structure shall not be considered retaining
walls.
A single-family dwelling unit or either unit of a two-family
dwelling (duplex) wherein two or more rooms with or without cooking
facilities are rented for compensation for a period of more than 30
days. Where one room is rented within a single-family dwelling unit
or either unit of a two-family dwelling, it shall be considered an
accessory use.
A parabolic or dish-shaped device designated to receive radio
waves.
Any building, site or place used for the cutting or milling
of raw timber into dimensional lumber.
Any building or part thereof that is designed, constructed,
or used for education or instruction in any branch of knowledge. Associated
services may include sports/recreational activities and support/administrative
functions and facilities.
A building or group of buildings, consisting of individual,
self-contained space, that are leased or owned for the interior storage
of business and household goods or wares.
An integrated group of dwellings providing an independent-living
community in which the premises, building or buildings provide congregate
living arrangements in which at least one person occupying each residential
unit meets the definition of elderly.
The distance between the building line and any lot line.
The visible flicker effect when rotating blades of a wind
generator cast shadows on the ground and nearby structures, causing
a repeating pattern of light and shadow.
Any privately owned curb cut and/or traveled way which provides
common access to more than one property.
A group of commercial establishments planned, constructed,
and managed as a total entity, with customer and employee parking
provided on site, provision for goods delivery separated from customer
access, aesthetic considerations and protection from the elements,
and landscaping and signage in accordance with an approved plan.
The use of a lot for the rental or lease of any, or part
of any, residential use dwelling unit, for a period no more than 30
days. The STR may occur within an entire dwelling, in rooms within
a dwelling, or in a separate attached or detached dwelling unit or
units on the parcel. Motels, hotels, resorts, inns, and bed-and-breakfasts,
as defined in this chapter, are excluded from this definition.
[Added 6-12-2023 by L.L. No. 3-2023]
A permit issued and renewed through the STR Permit Administrator.
All applicants must be issued a special use permit by the Development
Board before an STR permit can be issued for the first time.
[Added 6-12-2023 by L.L. No. 3-2023]
A person(s) designated by the Village Board to issue STR
permits and annual renewals.
[Added 6-12-2023 by L.L. No. 3-2023]
Dwelling units or rooms used as STRs.
[Added 6-12-2023 by L.L. No. 3-2023]
An STR, as defined herein, which is lawfully in operation
as of January 31, 2023 and is authorized to continue operation pursuant
to the provisions of subsection 106- 14. 3 of these regulations.
[Added 6-12-2023 by L.L. No. 3-2023]
An STR not lawfully in operation as of January 31, 2023.
[Added 6-12-2023 by L.L. No. 3-2023]
Any announcement, declaration, demonstration, display, illustration,
insignia or visually communicative or expressive device used to advertise
or promote the interests of any person when the same is placed in
view of the general public, but does not include street and directional
signs erected and maintained pursuant to and in discharge of any governmental
function.
The entire face of a sign, including frame and all wall work
included within the frame area. If a sign is composed of individual
letters, figures or designs attached directly to the building, the
space between such letters, figures or designs shall not be included
as part of the sign area.
A sign only one side of which is visible.
Disturbance of land, removal of vegetation or construction
of improvements to buildings or infrastructure in connection with
any development.
Any trail or slope of Alpine (downhill) and/or Nordic (cross-country)
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.
A room or space in which people sleep, which can also include
permanent provisions for living, eating and either sanitation or kitchen
facilities, but not both.
[Added 6-12-2023 by L.L. No. 3-2023]
The degree of deviation of a surface from the horizontal,
usually expressed in percent or degrees.
An accessory structure consisting of a device, or combination
of devices, or part of a device that transforms direct solar energy
into thermal, chemical, or electrical energy.
Garbage, rubbish, paper, cardboard, metal containers, yard
clippings, wood, glass, bedding or crockery.
An activity (occurring one or more times) involving the assembly
of, or the intention of attracting, 50 or more people for cultural,
ceremonial, educational, or celebratory purposes, which generates
revenue and regardless of status. Such assembly includes, but is not
limited to, weddings, receptions, recitals, art exhibits, religious
ceremonies, limited youth activities, book readings, wine/food-tasting
events, executive retreats, circuses, fairs, carnivals, festivals,
auctions, fundraisers, concerts, and any event which is advertised
or marketed in any form, including, but not limited to, posters, business
cards, internet, and media outlets; serves an entrepreneurial purpose;
includes fees/charges for goods/services (e.g., food and drink); and
whenever there is an admission fee or leasing fee. This definition
does not include private parties or private functions that do not
meet the above-stated criteria.
Includes substantial improvement and means the initiation,
excluding planning and design, of any phase of a project or physical
alteration of the property, and shall include land preparation, such
as clearing, grading and filling; installation of streets and/or walkways;
excavation for a basement, footings, piers or foundations; or the
erection of temporary forms. It also includes the placement and/or
installation on the property of accessory buildings (garages or sheds),
storage trailers and building materials. For manufactured homes, the
actual start means affixing of the manufactured home to its permanent
site.
Those areas of land where the grade is 15% or greater.
[Added 7-9-2018 by L.L.
No. 2-2018]
An accessory structure or building used to stow away items.
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or, if there
is no floor above it, then the space between the floor and the ceiling
next above it, and including basements intended for occupancy.
A combination of materials that form a construction for use,
occupancy, or ornamentation installed above the surface of land or
water.
A division of any residential, commercial or industrial land
into two or more lots, parcels or sites, for the purpose of sale,
lease, license or any form of separate ownership or occupancy by any
person or by any other person controlled by or under common control
with any such person or group of persons acting in concert as part
of a common scheme or plan; provided, however, that this shall not
apply to conveyances of small amounts of land to correct a boundary
of a lot, so long as such conveyance does not create additional lots.
The sale of a landowner's entire ownership on one side of a public
road or highway will not be considered a subdivision requiring approval.
Any lot created pursuant to the preceding sentence will be deemed
created as of the date of the conveyance which divides the land along
the road or highway, providing that said lot conforms to the requirements
of this code.
Any subdivision of land that does not meet the definition
of a minor subdivision.
A dividing of land into lots that does not involve any of
the following:
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
A water-filled enclosure, permanently constructed or portable,
having a depth of more than 18 inches below the level of the surrounding
land, or an above-surface pool, having a depth of more than 30 inches,
designed, used and maintained for swimming and bathing.
An establishment in which alcoholic beverages are served,
primarily by the drink, and where food or packaged liquors may also
be served or sold. Seating of patrons may occur outside on an open-air
and/or seasonal patio or deck.
Any structure greater than 35 feet in height which is capable
of receiving and/or transmitting signals for the purpose of communications.
Continuing for a limited amount of time.
A sign with or without a structural frame, not permanently
attached to the ground, a building or other structure, and intended
to be used for a limited period of time.
An accessory use of an improved area used for playing tennis
without illumination of any kind.
The periodic removal of selected, individual trees within
a defined area.
Any man-made or natural place of interest open to the general
public, including but not limited to animal farms, amusement parks,
replicas of real or fictional places, things or people and natural
geological formations.
See "dwelling, townhouse."
Local representative traditions/style, including most of
the late 19th and early 20th Century styles such as Victorian, neoclassical,
shingle and bungalow styles.
An intermediate destination for solid waste that may include
separation of different types of waste and aggregation of smaller
shipments into larger ones.
A parcel of land used for the placement of three or more
manufactured homes for occupancy on a transient basis not to exceed
three months in duration.
Any portable vehicle, including a tent camper or motor home,
less than 300 square feet in size, which is designed to be transported
on its own wheels and which is designed and intended to be used for
temporary living quarters for travel, recreational or vacation purposes,
and which may or may not include one or all of the accommodations
and facilities customarily included in a manufactured home/mobile
home.
Satellite signals from a major communications satellite that,
when viewed on a conventional television set, are at least equal in
picture quality to those received from local commercial television
stations or by way of cable television.
The purpose or activity for which land or buildings are designed,
arranged or intended or for which land or buildings are utilized,
occupied or maintained.
A grant of relief from the requirements of this code which
permits construction or use in a manner that would otherwise be prohibited
by this code.
The authorization by the Development Board for the use of
land in a manner which is not allowed by the dimensional or physical
requirements of the applicable zoning regulations.
The authorization by the Development Board for the use of
land for a purpose which is otherwise not allowed or is prohibited
by the applicable zoning regulations.
Those areas of land where the grade is greater than 25%.
[Added 7-9-2018 by L.L.
No. 2-2018]
Any description of watercraft, other than a seaplane, used
or capable of being used as a means of transportation on the water.
A facility providing health services and medical or surgical
care to animals suffering from illness, disease, injury, deformity
and other abnormal conditions, including related facilities such as
laboratories and boarding facilities.
Includes a sign placed against or painted on a building as
well as letters, numbers, characters or designs affixed directly on
a building or other structure.
A building used to store or hold products or articles for
use in assembly or manufacturing or for future transfer of said product
or article to another location.
Includes, but is not limited to, laundry, toilets and showers.
[Added 6-12-2023 by L.L. No. 3-2023]
Any land that is annually subject to periodic or continual
inundation by water and commonly referred to as a bog, swamp or marsh.
An accessory structure consisting of the blades and associated
mechanical and electrical conversion components mounted on top of
a tower, whose purpose is to convert kinetic energy of the wind into
rotational energy used to generate electricity and has a rated capacity
of 25 kilowatts or less.
The vertical distance from ground level to the tip of the
wind generator blade when it is at its highest point.
The monopole or guyed monopole structure that supports a
wind generator.
The height above grade of the fixed portion of the tower,
excluding the wind generator.
A sign inside of a building but intended to be viewed from
the outside.
A parcel of land containing a tower, sending and receiving antennas
attached to the tower, and a prefabricated or modular structure or
cabinets containing electronic equipment;
A Federal Communications Commission (FCC) licensed facility,
designed and used for the purpose of transmitting, receiving and relaying
voice and data signals from various wireless communications devices
and equipment.
|
For purposes of this code, amateur radio transmission facilities
and facilities used exclusively for receive-only antennas (i.e., satellite
receiving antennas) are not classified as wireless telecommunications
towers and facilities.
|
The space within and extending the full width of the lot
from the front lot line to the part of the principal building which
is nearest to such front lot line.
The space within and extending the full width of the lot
from the rear lot line to the part of the principal building which
is nearest to such rear lot line.
The space within the lot extending the full distance from
the front yard to the rear yard and from the side lot line to the
part of the principal building which is nearest to such side lot line.
[1]
Editor's Note: See Article 27 of the New York State Executive
Law.
[2]
Editor's Note: See Article 27 of the New York State Executive
Law.
[3]
Editor's Note: Schedule 1 is included as an attachment to this chapter.
[4]
Editor's Note: See Parts 2 and 3 of this chapter, respectively.
[5]
Editor's Note: The former definition of "day care, family
home," which immediately followed this definition, was repealed 12-9-2019
by L.L. No. 1-2020.
[6]
Editor’s Note: This local law also repealed the former
definitions of “day-care facility” and “day care,
group family,” which immediately followed this definition.
[7]
Editor's Note: The former definition of "housekeeping cottage,"
which immediately followed this definition, was repealed 6-12-2023
by L.L. No. 3-2023.
[8]
Editor's Note: Schedule 1 is included as an attachment to this chapter.
[9]
Editor's Note: Schedule 1 is included as an attachment to this chapter.
[10]
Editor's Note: Schedule 1 is included as an attachment to this chapter.
