A. 
On any lot, accessory building(s) or use(s) in connection with the principal building or use may be constructed and located subject to the following process:
(1) 
All accessory buildings or uses shall require a building/use permit to be issued prior to their initiation and a certificate of compliance upon their completion as elsewhere required in this part, except such minor ancillary uses as are specifically exempt.
(2) 
Where applicable, such permit shall be issued conditionally upon satisfactory completion and issuance of a certificate of compliance for the principal building or use to which it is accessory. If said certificate of compliance is not issued within two years from the date of issuance of the permit for the accessory building or use, the conditions upon which said permit was issued shall be deemed not to have been complied with, and the accessory building or use shall be considered in violation of this part, except as application may be made to and considered by the Board of Appeals; which Board may, for due cause shown, authorize such extension as it may determine appropriate to allow for compliance with the conditions under which the permit was issued.
B. 
Accessory building(s) or use(s) shall be governed by the following:
(1) 
No more than two accessory buildings or uses in addition to any private automobile garage shall be permitted on any lot in conjunction with any standard use.
(2) 
Accessory buildings and uses in conjunction with a conditional use, site plan review or planned development district shall be determined appropriate as to number, type and location by the Planning Board in accord with its review of any proposed use under these respective procedures.
(3) 
Accessory buildings to a residential use which are not attached to a principal building may be erected in accordance with the following requirements:
(a) 
Front yard: Not to be located in any required front yard except as allowed for under § 105-70, Shoreline requirements.
(b) 
Rear or side yard: at least 10 feet from side or rear property line.
(c) 
Side yard, street side of corner lot: same as for principal building.
(d) 
No closer to a principal or other accessory building than 10 feet.
(4) 
An accessory building attached to a principal residential building or an accessory building to other than a residential use, whether attached to the principal building or not, shall comply in all respects with the requirements of this part applicable to the principal building.
(5) 
No accessory building or structure shall be constructed or located to house or provide shelter for animals, other than domestic household pets, on any lot less than one acre in size. Front, side and rear yard setbacks for any such building or structure designed to house or provide shelter for livestock shall be a minimum of 75 feet from the road center line or shoreline and 50 feet from the side and rear lot lines.
(6) 
Except as provided for in § 105-64F, the maximum height of any accessory building or structure shall be 1 1/2 stories or 18 feet, whichever is less, except that it shall not exceed the height of the principal building or use.
(7) 
A private, outdoor swimming pool shall be permitted as an accessory use to a dwelling unit only in accordance with the following:
(a) 
Such pool shall be accessory to a principal residential use and shall be erected only on the same lot as the principal structure or one contiguous thereto.
(b) 
The pool may be erected or constructed only in the side or rear yard of the lot, shall conform with the minimum side and rear yard requirements for the district in which it is located, and shall be not less than 10 feet distant from any principal or accessory building.
(c) 
Any such pool shall be adequately fenced in order to assure that it will be used only by those persons having approved entrance to the pool.
(d) 
No such pool shall adversely affect the character of any residential neighborhood, and all lighting or other appurtenances shall be so arranged as not to interfere with neighboring uses.
(8) 
A swimming pool to be constructed or installed as an accessory use to a resort lodge or club, tourist accommodation, organized group camp or as part of any commercial facility shall be permitted after application to and issuance of a permit therefor by the Enforcement Officer. Such swimming pool shall be so located as not to cause a hazard to public safety or nuisance to adjoining uses and shall be designed and located in accord with acceptable engineering standards and any applicable state requirements.
(9) 
A building, manufactured home, trailer or other structure accessory to the construction project for office, storage or related construction use may be permitted upon issuance of a permit by the Enforcement Officer, such installation to be temporary and continued only for the duration of the construction project to which it is accessory. Such facility shall not be designed or used for living accommodations, except for the nonpermanent accommodation of a clerk-of-the-works or night watchman, and shall be promptly removed upon completion of the construction project or part thereof to which it is accessory, such date to be determined by the Enforcement Officer. Upon notice from the Enforcement Officer, the permit shall expire and the rights and privileges thereunder shall be vacated. Failure to remove such installation in a prompt manner after notice by the Enforcement Officer shall be considered a violation of this part.
A. 
In addition to all other requirements of this part, the following regulations shall apply to any stream, river, lake or pond navigable by boat, including canoe, and to all property fronting on or having access to such body of water. In the event that there is a discrepancy with regard to the standards under this section between the Town zoning district and the Adirondack Park Plan classification, whichever is more restrictive or requires the greater width or setback shall take precedence and be applicable.
(1) 
Lot width. The minimum lot width as measured along the shoreline shall be as follows according to the respective classifications of the Adirondack Park Land Use and Development Plan:
Category
Lot Width
(feet)
Hamlet
50
Moderate-intensity use
100
Low-intensity use
125
Rural use
150
Resource management
200
(2) 
Setback. The minimum setback of all principal and accessory buildings or structures in excess of 100 square feet, other than docks, boathouses or swimming floats as hereinafter regulated, shall be a minimum distance from the mean high-water mark as follows for the respective classifications of the Adirondack Park Land Use and Development Plan:
Category
Setback
(feet)
Hamlet and moderate-intensity use
50
Low-intensity and rural use
75
Resource management
100
(3) 
Sanitary sewerage. In the case of all lakes, ponds, rivers and streams, both navigable and non-navigable, the minimum setback of any on-site sewage tile field or seepage pit will be 100 feet from the mean high-water mark, as well as 100 feet from all wetlands, in all zoning districts.
(4) 
Vegetation. The removal of vegetation, including trees, will be permitted on shoreline lots, provided the following standards are met:
(a) 
Within 35 feet of the mean high-water mark, not more than 30% of the trees in excess of six inches in diameter at breast height existing at any time may be cut over any ten-year period.
(b) 
In addition, within six feet of the mean high-water mark, no vegetation may be removed, except that up to a maximum of 30% of the shoreline may be cleared of vegetation on any individual lot, provided that such clearing will not exceed 100 feet.
(c) 
The above cutting provisions will not be deemed to prevent the removal of diseased vegetation or of rotten or damaged trees or of other vegetation that present safety or health hazards.
(5) 
Minimum frontage. The following minimum shoreline frontages will be required in all zoning districts for deeded or contractual access to all such lakes, ponds, rivers or streams for five or more lots, parcels or sites or multiple-family dwelling units not having separate and distinct ownership of shore frontage:
(a) 
Where five to 20 lots or multiple-family dwelling units are involved, a total of not less than 200 feet of shoreline frontage will be required when shoreline access is provided.
(b) 
Where more than 20 and not more than 100 lots or multiple-dwelling units are involved, a minimum of two feet for each additional lot or multiple-dwelling unit in excess of 100 will be required when shoreline access is provided.
(c) 
Where more than 100 and not more than 150 lots or multiple-dwelling units are involved, a minimum of two feet for each additional lot or multiple-dwelling unit in excess of 100 will be required when shoreline access is provided.
(d) 
Where more than 150 lots or multiple-dwelling units are involved, a minimum of one foot for each additional lot or multiple-dwelling unit in excess of 150 will be required when shoreline access is provided.
(e) 
No more than one boathouse or dock and one swimming float shall be allowed in conjunction with such common access for each 200 feet of shoreline lot width.
(6) 
Option shoreline clustering.
(a) 
In order to encourage clustering of buildings and the maintenance of undeveloped shorelines as an alternative to minimum lot widths, shoreline development may also take place upon the following approximate overall intensities of principal buildings per linear mile of shoreline or proportionate fraction thereof:
Town Zoning District
Park Plan Category
Principal Buildings Per Linear Mile
CH, SCH, CC
n/a
106
R-Rec
Moderate-intensity use
53
RT, R-RuP
Low-intensity use
42
OCP, Ru-I
Rural use
36
FMP, RM-T
Resource management
26
(b) 
This alternative method of cluster shoreline development can only be employed where single ownership or groups of owners acting in concert are involved. In addition, approval of this method of development must carry with it provisions, whether by deed restriction, restrictive covenant or other appropriate means, to ensure the permanent retention in open space of the undeveloped portions of shoreline developed on a cluster basis instead of in conformity with the minimum lot width restrictions, and to ensure continued ownership of the open space thus retained by single ownership or groups of owners acting in concert.
(c) 
The approval of any use permit or building permit is not authority to disregard any deed restriction or restrictive covenants that may be attached to any parcel.
(7) 
Ancillary water, waterfront structures shall be permitted only according to the following:
(a) 
Not more than two such structures and no more than one boathouse or dock shall be permitted per minimum required lot width, existing lot of record or established right-of-way.
(b) 
No dock, boathouse or raft shall project across the extension of the side lot lines of any lot or right-of-way as such lines are projected into the waterway from the shoreline.
B. 
Nothing herein provided shall waive or otherwise affect any requirement of the New York State Department of Environmental Conservation under Article 15, Title 5 of the Environmental Conservation Law, § 806 of the Adirondack Park Agency Act,[1] or Section 404 of the United States Clean Water Act.
[1]
Editor's Note: See Executive Law § 806.
A. 
Timber and forest harvest practices shall be designed and carried out in accord with those guidelines set forth by the New York State Section of the Society of American Foresters in the brochure entitled "Timber Harvesting Guidelines for New York" with respect to protection of streams and waterways, location and improvement of roads and skid trails, relationship to public travel corridors, and improvement of roads, trails and landing areas upon completion of the operation. In particular, any forest practice involving lands within 100 feet of the edge of any permanent stream or waterway shall provide reasonable protection of the stream or waterway or such activity shall not be allowed.
B. 
No forest practice activity shall be allowed which would encourage or contribute to problems associated with surface water runoff or soil erosion or destruction of an important visual asset and the location, nature and arrangement of such use shall be designed to preclude such problems.
C. 
Any building, structure or roadway constructed in conjunction with such use shall be situated and constructed so as not to interfere with adjoining uses and with proper consideration to the physical characteristics of the site, including slope, soils and water features.
D. 
No clear-cutting in excess of 25 acres shall be permitted unless a plan detailing the provisions of the cutting and removal operation and provisions for reforestation shall first be submitted and approved by the Planning Board according to the site plan review process set forth in § 105-67.
E. 
The fact that a building/use permit is not required for forest practices other than clear-cutting, road building, structural location, or site alteration shall not exempt forest practice operations and owners from compliance with the provisions of this section.
A. 
Procedure. The location, placement, painting, alteration, extension, installation or other erection of any sign, other than an exempt sign as hereinafter defined, shall require a building/use permit in accord with the standards and requirements set forth hereunder.
B. 
Construction. The following construction considerations shall be required as are applicable:
(1) 
All signs shall be constructed of durable materials, maintained in good condition and not allowed to become dilapidated or in a state of disrepair.
(2) 
The back or reverse side of a single-face sign visible from any public right-of-way shall be finished in an appropriate manner, which shall include a backing consistent in terms of materials and finish with the facing and the covering of all structural members of the sign.
(3) 
All construction fixtures, wiring and installations shall conform to the National Electric Code and New York State Uniform Fire Prevention and Building Code where applicable.
(4) 
All wiring to freestanding signs shall be underground, and all transformers or other installations shall be satisfactorily located and screened.
(5) 
Any sign no longer maintained or for a business, service or activity no longer in existence at that location shall be removed, and any wall, surface or other area from which such sign is removed shall be restored so that no remnant of the sign is visible.
(6) 
No additional sign permits shall be granted to locate additional signs on property that is currently violating these maintenance standards.
C. 
Location. The following locational considerations shall be required as are applicable:
(1) 
No building sign shall extend beyond the roofline or the end of the wall to which it is attached or project out away from the structure more than four feet.
(2) 
Signs shall not be located in road rights-of-way nor extend beyond the lot lines of the parcel on which the sign is located.
(3) 
Freestanding signs shall not be located within 10 feet of any lot line or extend more than 20 feet above adjoining ground level.
(4) 
Sign placement shall not obstruct safe sight lines from roads or driveways or from intersecting roads.
D. 
Illumination standards.
(1) 
No sign shall flash or include artificial light that is not maintained stationary and constant in intensity and color at all times.
(2) 
Illumination shall not constitute a safety hazard or nuisance by reason of the intensity or direction of illumination onto adjacent residential premises or public roads. Illumination shall be mounted at the top of the sign, be downcast, and use fixtures with fully recessed bulbs and shields to cast directional lighting.
(3) 
Signs shall not be illuminated between the hours of 11:00 p.m. and 6:00 a.m. unless the premises on which the sign is located is open for business.
E. 
Prohibited signs.
(1) 
No sign, except for traffic, regulatory or informational sign, shall use the words "stop," "caution" or "danger" or shall incorporate red, amber or green lights resembling traffic signals or shall resemble "stop" or "yield" signs in shape or color.
(2) 
No sign shall be larger than 32 square feet.
(3) 
No sign shall be attached to unregistered motor vehicles, trailers or other wheeled structures or vehicles. This restriction does not apply to magnetic business signs attached to registered vehicles or "for sale" signs.
(4) 
Rotating signs shall be prohibited.
F. 
Sign area budgets. Sign area budgets are allowed after receipt of a sign permit as follows:
(1) 
CC, CH and SCH Districts: A sign budget of 80 square feet, or 12 square feet per business, of sign area shall be permitted per lot for all additional signs on the premises, provided such signs conform to the provisions of this part.
G. 
Signs allowed without permits:
(1) 
Identification sign. A sign no larger than two square feet in area, bearing only the address and name of the occupants of the premises or other identification of the premises not having commercial connotations.
(2) 
Regulatory signs. Signs regulating the use of a property, such as "no hunting," "no parking," "enter" and "exit" or "walk," "beware of dog," provided each regulatory sign has no commercial connotation.
(3) 
Bulletin board. One bulletin board for and on the premises of a public, charitable or religious institution, provided the sign area does not exceed 32 square feet in area.
(4) 
Temporary signs. Unlighted temporary signs are permitted, provided the sign area per lot does not exceed nine square feet, nor is the sign mounted on or attached to a motor vehicle, trailer or other wheeled vehicle or structure. Temporary signs shall not be displayed for a continuous period to exceed 30 days in any six-month period. All temporary signs shall include a date of posting.
(5) 
Holiday commemorations. Decorations commemorating nationally or locally recognized holidays or religious events are permitted and may incorporate lights in these decorations to the extent the display does not interfere with neighboring uses or cause a safety hazard.
(6) 
Unilluminated sign. One unilluminated sign not to exceed six square feet shall be permitted per lot.
H. 
Other features. The following additional considerations shall be required as are applicable:
(1) 
No sign or part thereof shall contain or consist of banners, pennants, ribbons, streamers, spinners or moving, fluttering or revolving devices of any kind; and, further, no moving, flashing, rotating or otherwise nonstationary or intermittently lighted sign shall be permitted.
(2) 
No lights or string of lights will be used for the purpose of advertising, displaying or otherwise attracting attention to the premises when not part of a sign or approved street or outdoor lighting. This shall not be interpreted to include seasonal or holiday decorations temporarily displayed.
(3) 
Neon shall not exceed two square feet of sign area for any permitted sign.
(4) 
No natural object shall be defaced and no sign shall be placed upon or supported by any tree, rock or other natural object other than the ground, except a posting or trespass sign.
(5) 
Fences, outbuildings and appurtenant structures shall not be considered in the tabulation of lineal feet of the principal building, and such structures shall not be made part of any sign.
(6) 
Flags, emblems or insignia of a nation, municipality or school may be displayed in any district without a permit therefor.
(7) 
Temporary signs, including handbills, posters, flyers, announcements or advertisements shall not require a permit. They shall, however, comply with all other requirements of this part and shall further not be attached to fences, utility poles or trees or any other natural feature of the landscape. All such temporary signs shall be removed within 30 days from their date of placement, or such shall no longer be classified as temporary and will require a permit as elsewhere provided in this part. All temporary signs shall include a date of posting.
(8) 
No mobile sign shall be permitted, and no motor vehicle on which is placed or painted any sign shall be parked or stationed in a manner primarily intended to display the sign.
A. 
In recognition of the need to provide adequate off-street parking area for automobiles in the Town in connection with existing and future uses and, at the same time, to preserve the natural appearance and ground cover of the community so far as is possible, the following procedures and requirements for the provision of off-street parking are hereby established:
(1) 
Off-street parking space shall be required for all principal buildings or uses constructed, established or expanded after the effective date hereof so as to require a building/use permit.
(2) 
The following off-street parking standards shall apply to the types of uses identified below and serve as the basis for determining the parking requirements for similar uses not specifically provided for herein:
Use
Spaces Required
One-, two-family dwelling
2 spaces for each dwelling unit
Multiple-family dwelling
2 spaces for each dwelling unit
Home occupation
1 space for each dwelling unit plus space for all customers, patients and clients
Tourist accommodation
1 space for each guest room
Business, professional office
1 space for each 400 square feet of floor space
Public, semipublic facility, institution
1 space for each four adult seating spaces or visitors expected at any one time, plus space for all employees
Commercial recreation; tourist attraction
1 space for each five seating spaces/individual accommodation, plus space for all employees
Retail trade, personal service
1 space for each 250 square feet of floor space devoted to retail or customer use; plus employee parking for the largest shift, and loading and service areas as necessary
Shopping center/plaza or group of stores
2.5 square feet per square foot of retail area
Eating, drinking establishment
1 space for every two customer seats for sit-down facility, or 1 space per 100 square feet of building area for carry-out restaurant; plus employee parking for the largest shift, and loading and service areas as necessary
Storage warehouse; hardware/lumber store; fuel supply; vehicle/equipment sales, service
1 space for each employee on maximum shift; parking area shall not be less than 25% of the building floor area
Gasoline station; service garage
1 space for each service bay, plus space for all employee cars and stacking space for 4 cars per bay for any auto wash
(3) 
In addition, the Planning Board in the review of a conditional use or under site plan review shall establish the requisite number of parking spaces and their satisfactory location consistent with the generally established standards of this part and the circumstances of the instant situation. In particular, it shall be the objective of the Planning Board to encourage sufficient and suitably located, designed and improved off-street parking in a coordinated manner that recognizes the relationship between adjoining or neighboring uses, the public roadway system and available public parking provisions. To this end, it shall be within the purview of the Planning Board in its review capacity to establish and vary parking requirements in any situation consistent with the nature, scale and hours of operation of any use, as well as to consider current provisions for and past experience with off-street parking in the expansion of any existing building or use.
(4) 
Each off-street space shall consist of at least 180 square feet with a minimum width of nine feet. In addition, other than for an individual residence, space necessary for aisles, maneuvering and drives shall be provided and shall be so arranged as not to interfere with pedestrian or motor traffic on the public roadway and so as to permit all motor vehicles utilizing such facility to turnaround within the parking area to enable any vehicle to enter the public roadway in a forward position.
(5) 
For any building having more than one use, parking space shall be required for each use. For the purposes of computing parking requirements, floor areas shall be the sum of the horizontal area within exterior walls of the several floors of a building, excluding basement, cellar and attic areas.
(6) 
Parking or storage in any residential district of recreational vehicles or boats out of doors shall be confined to the rear or side yard and not within 10 feet of any lot line. No unlicensed, inoperable motor vehicle shall be parked or stored out of doors or other than in a fully enclosed structure in any residential district for a period to exceed six months.
(7) 
Recreational vehicles and/or recreational living units.
(a) 
One recreational vehicle or recreational living unit will be allowed on any one lot.
(b) 
Recreational vehicles and recreational living units are subject to the same setback rules as buildings erected on the lot.
(c) 
Any occupied recreational vehicle or recreational living unit must handle any sewage effluent (both grey and black water) by a self-contained system or be connected to an individual sewage disposal system that is designed, located and installed according to the applicable standards set forth in the New York State Department of Health bulletin entitled "Individual Residential Wastewater Treatment System Design Handbook."
(d) 
No recreational vehicle or recreational living unit, whether occupied or unoccupied, shall be located, parked or otherwise situated other than in an authorized campsite, parking area or on the property of the owner for a period of more than 72 hours, except after application for and issuance of a temporary permit, such temporary permit to be authorized by the Town's Code Enforcement Officer for a specified period not to exceed seven days. The Code Enforcement Officer may, at his or her discretion, issue such temporary permit for any combination or group of vehicles, units or situations (e.g., length of time longer than seven days) as he or she deems appropriate.
B. 
In addition to any required off-street parking, off-street loading facilities shall be provided for each commercial or industrial building or use hereafter constructed, established or expanded so as to require a building/use permit and having a gross floor area in excess of 600 square feet, in accord with the following:
(1) 
Off-street loading shall be so arranged as not to interfere with pedestrian or motor traffic on the public roadway, and any required off-street loading berth shall have a clear area not less than 12 feet in width by 25 feet in length.
(2) 
An off-street loading space may occupy any part of any required side or rear yard, except no such berth shall be located closer than 100 feet to any residential use other than on the same premises unless wholly within a completely enclosed structure.
(3) 
Adequate screen planting, fencing or other visual separation shall be provided for in conjunction with any such required off-street loading area.
C. 
Off-street parking or loading areas, once designated and approved, shall not be diminished, assigned or otherwise used except after application for and issuance of a permit approving such action.
D. 
Nothing in this section shall be construed or applied in such manner as to preclude the expansion of a building or use legally existing on the effective date of this part due solely to the lack or insufficiency of existing off-street parking or loading provisions. Any such expansion, however, shall meet the parking and loading requirements of this section for the expanded portion of such building or use, except as may be otherwise authorized by the Board of Appeals in accordance with the variance procedure elsewhere set forth in this part.
A. 
Fencing and screen planting may be required according to the following:
(1) 
Any use required by this part to be fenced or screened from view shall provide a fence and/or structural or planting screen sufficient to enclose or so as to preclude entry or effectively screen such use from view from abutting properties and the public right-of-way as is considered appropriate.
(2) 
The Planning Board shall determine the requirements for fencing and screening in conjunction with its review of any conditional use, planned development district or site plan review.
B. 
The particular type of landscape treatment required shall be determined by the Planning Board according to the following major types of treatment:
(1) 
Visual separation, including earth mounding and screen-planting techniques designed to obscure or soften an unattractive or incompatible view.
(2) 
Visual setting, including ground cover and plant materials designed to stabilize the landform and provide an appropriate foreground or setting.
(3) 
Physical separation, including a combination of plant and man-made materials designed to separate distinct land use types or activities.
C. 
Any fencing or screening installed in accordance with this section shall be maintained in good order to achieve the objectives of the same. Failure to maintain required fencing and screening shall be considered a violation of this part.
(1) 
Solid fences. A building permit is required for solid fences. Except where otherwise required for visibility at street intersections, solid fences are allowed in required side or rear yards in all districts in which residences are allowed. Standards for solid fences are:
(a) 
The maximum height for a solid fence shall be limited to six feet.
(b) 
Solid fencing shall not be located on or within two feet of any lot line.
(c) 
The finished side must face the adjacent lot.
(d) 
Solid fences in excess of 100 square feet may not be located within the applicable shoreline setback area.
(2) 
Open fences. Open lattice, picket, rail or wire fences are allowed, provided the following standards are met and maintained:
(a) 
The height of an open fence shall not exceed four feet without a permit.
(b) 
No open fence shall exceed six feet in height.
(c) 
Open fencing shall contain no openings of less than one inch in the least dimension and no solid members greater than six inches exclusive of structural posts and rails.
(d) 
Open fences may be erected in any required yard as long as there is provision for maintenance from the owner's lot.
(e) 
Open fences in excess of 100 square feet may not be located within the applicable shoreline setback area.