Unless otherwise expressly stated, the following terms shall,
for the purpose of this chapter, have the meaning herein indicated.
Words used in the present tense include the future; the singular number
includes the plural, and the plural, the singular; the word "lot"
includes the word "plot." The term "occupied" or "used" as applied
to any building shall be construed as though followed by the words
"or intended, arranged or designated to be occupied or used." The
terms "building" and "structure" are synonymous. The word "shall"
is mandatory.
A subordinate building, the use of which is clearly incidental
to or customarily found in connection with the main building or principal
use and which is located on the same lot as such main building or
principal use.
A garage or comparable noncommercial building or structure
that would otherwise be subordinate and incidental to a principal
building or use located on the same, except in this case and through
a special use permit in accordance with this chapter may be permitted
on a vacant lot.
A permitted independent, subordinate dwelling unit, either
in or added to an existing single-family detached dwelling, having
its own exterior or interior entrance, and includes completely separate
and independent cooking, eating, sanitation, and sleeping areas. Such
a dwelling unit shall be clearly accessory and incidental to the principal
dwelling and shall not be deemed to be a two-family dwelling.
A use which is clearly incidental to or customarily found
in connection with and subordinate to the principal use of the premises
and which is conducted on the same lot, whether such use be conducted
in a principal or accessory building.
The commercial cultivation of the soil for food products
or other useful or valuable growths of the field, forest, orchard,
or garden whether outdoors in the open or within the confines of a
building or structure, but not including animal husbandry, which is
defined separately.
Any change, rearrangement or addition in the structural parts
of a building or structure or an enlargement, whether by extending
to any side, by increasing the height, or depth, or by moving from
one position to another, or modification in construction or in building
equipment.
The care and breeding or boarding of any domestic animals
or fowl, whether for profit or as a hobby. Household pets, including
but not limited to cats, dogs, or birds, are excepted.
An animal unit is, for the purpose of this chapter, defined
as one large domesticated animal, over 500 pounds, such as but not
limited to a horse, cow, or llama, or five medium-sized domesticated
animals, weighing between 100 and 500 pounds, such as but not limited
to sheep, goats, and pigs, or 50 small domesticated animals weighing
less than 100 pounds, such as but not limited to chickens, turkeys,
or ducks..
A device, which may be mounted to a building or structure,
which is used to transmit and receive communication signals. This
term shall include transmitting and receiving elements and rotating
or other directional elements.
A part of a building containing cooking and housekeeping
facilities, consisting of a room or suite of rooms intended, designed,
or used as a residence by an individual or single family.
An establishment in which the principal activity is the general
servicing and repair of motor vehicles, including but not limited
to regular maintenance; sales, installation and replacement of parts
and accessories; motor, transmission, chassis, rear and front end
repair and overhaul; body and fender repair and painting. Shall be
limited to 2,000 square feet in the R1 and R2 Zoning Districts within
the Designated Delaware River Corridor.
An establishment in which the principal activity is the retail
sale of gasoline, oil, grease and petroleum products and the motor
vehicle servicing related to such sales. An automotive service station
use shall be deemed to include but not limited to the retail sale
and installation of tires, tubes, lamps, ignition parts, batteries
and other minor repairs. Servicing and repair activity shall not include
motor, transmission or rear or front and overhauls, no body and fender
repair or painting.
A story partly below grade and having not more than 1/2 its
height below grade, or as defined in the New York State Uniform Fire
Prevention and Building Code, whichever is more strict.
Temporary housing provided for tourists for one or more nights
as a business for profit, which may serve breakfast or other meals
to guests only. A bed-and-breakfast may not have more than six bedrooms
available for guest occupancy.
A business or facility for the leasing or renting of waterborne
vessels (canoes, rafts, tubes, etc.) for outdoor water-based recreation.
Any structure wholly or partially enclosed with exterior
walls and roof, affording shelter to persons, animals or property
of any kind.
The total areas measured in a horizontal plane at the main
grade level of the principal and all accessory buildings, utilizing
outside dimensions.
The horizontal area measured within the outside of the exterior
walls of the ground floor of all principal and accessory buildings
on a lot.
The vertical distance from the mean ground level at the exterior
building walls to the highest point of the coping of a flat roof or
to a mean height level between eaves and ridge for gables, hip and
gambrel roofs.
The setback lines established by this chapter. A setback
is the horizontal distance from a lot line to that part of a structure
which is nearest to such a lot line.
Offices in which an occupation or vocation in a specialized
field is practiced. Examples are, but are not limited to, medical,
law, financial services, and real estate offices.
An establishment, either publicly or privately owned, complete
with buildings, structures, sanitary facilities and ancillary services
designated for the recreation and education of youth. The definition
shall not include motels/hotels, campgrounds, or short-term rentals
as defined herein.
A tract of land providing 10 or more sites for temporary
dwelling in recreational vehicles (RVs), travel trailers, or by the
erection of a tent or other portable sleeping accommodations.
All parts of the plant of the genus cannabis, whether growing
or not; the seeds thereof; the resin extracted from any part of the
plant; and every compound, manufacture, salt, derivative, mixture,
or preparation of the plant, its seeds or resin. This term does not
include the mature stalks of the plant, fiber products from the stalks,
oil or cake made from the seeds of the plant, any other compound,
manufacture, salt, derivative, mixture, or preparation of the mature
stalks (except the resin extracted therefrom), fiber, oil, or cake,
or the serialized seed of the plant which is incapable of germination.
[Added 2-14-2023 by L.L. No. 1-2023]
All cannabis intended for a certified medical use, as determined
by the Cannabis Control Board in consultation with the Commissioner
of Health, subject to Part 113 of the Marihuana Regulation and Taxation
Act, and the regulations of Article 3: Medical Cannabis of the NYS
Cannabis Law including registration, certification, evaluation, and
cultivation, and not subject to Article 4: Adult-Use Cannabis of the
NYS Cannabis Law.
[Added 2-14-2023 by L.L. No. 1-2023]
Any business establishment operating pursuant to a New York
State adult-use on-site consumption license under Article 4 § 77
of the NYS Cannabis Law for the eating, drinking, smoking, or any
other type of ingestion of cannabis products. For purposes of this
chapter, on-site cannabis consumption establishments are prohibited
in the Town of Highland.
[Added 2-14-2023 by L.L. No. 1-2023]
All cannabis, concentrated cannabis, or cannabis-infused
projects which contain concentrated cannabis and other ingredients
that are intended for use or consumption. Cannabis projects shall
include cannabidiol (CBD) oil products derived from cannabis but shall
not include cannabidiol (CBD) oil products derived from hemp. Such
cannabis products may be sold at an adult-use cannabis retail dispensary
for off-site consumption in accordance with this chapter and as may
be permissible in accordance with New York State law.
[Added 2-14-2023 by L.L. No. 1-2023]
The only legally permissible use of a building or property
for the acquisition, possession, sale, and delivery of adult-use cannabis
to cannabis consumers for a business operating pursuant to a New York
State adult-use retail dispensary license issued in accordance with
Article 4 § 72: Adult-Use Retail Dispensary License of the
NYS Cannabis Law.
[Added 2-14-2023 by L.L. No. 1-2023]
A covered area for the storage or housing of not more than
two registered motor vehicles, with or without walls, but not fully
enclosed. A detached carport is an accessory building.
An establishment that prepares food and/or meals on the premises,
and where such food and/or meals are delivered to another location
for consumption.
A story having more than 1/2 its height below grade. A cellar
is not included in computing the number of stories for the purpose
of building height measurement, or as defined in the New York State
Uniform Fire Prevention and Building Code, whichever is more strict.
A certificate stating that materials and products meet specified
standards or that work was done in compliance with approved construction
documents. (Required at the conclusion of all projects requiring a
building permit other than a project for a habitable structure.)
A certificate stating that materials and products meet specified
standards or that work was done in compliance with approved construction
documents. (Required at the conclusion of a project for a habitable
structure.)
The standardized indicators of electrical force, or voltage,
at which an electric vehicle's battery is recharged. Levels 1, 2 and
3 are the most common electric vehicle charging levels, and include
the following specifications:
Level 1 is considered slow charging, typically requiring a fifteen-
or twenty-amp breaker on a 120-volt AC circuit and standard outlet.
Level 2 is considered medium charging, typically requiring a
forty-amp to 100-amp breaker on a 240-volt circuit.
Level 3, or DC fast charge, is considered rapid charging, typically
requiring a sixty-amp or higher dedicated breaker on a 480-volt or
higher three-phase circuit with special grounding equipment.
The substantial removal, 90% or more, of trees, for other
than agricultural or approved wildlife management purposes of any
forested tract of land three acres or greater.
Arrangement or juxtaposition of multiple communications antennas
and equipment which may be for multiple users on a single communications
tower.
The addition, removal or change of any of the physical or
visually discernible components or aspects of a communications tower,
such as antennas, ancillary equipment, vehicular access and/or parking
areas. A modification shall not include the replacement of any components
of a communications tower where the replacement is identical to the
component being replaced or for any matters that involve the normal
repair and maintenance of a communications tower.
Any tower, pole, monopole or other freestanding structure
designed and constructed for the purpose of supporting one or more
antennas. This term shall include the structure and any ancillary
equipment, such as guy wires. New monopoles or extensions of existing
utility poles or other poles for the purpose of supporting antennas
shall be considered "new tower construction" under this chapter.
The area between the Delaware River and the landward boundary
shown on the Town of Highland Zoning Map.
A use primarily devoted to the serving of alcoholic beverages
and in which the service of food is only incidental to the consumption
of such beverages. For the purposes of this chapter, this definition
shall not include "farm brewery" as defined herein.
A retail food dispensing or eating establishment where food
or drinks are served mainly in disposable containers, or where patrons
are permitted to park cars on the premises for the purpose of being
served or sold food or drinks therein or for the purpose of consuming
food or drinks outside the building but on the premises, or where
the patron may approach the building for the purpose of transacting
the purchase of food stuffs or drinks of any kind without leaving
the vehicle, or combination of the foregoing types whether or not
there are eating counters or tables inside or outside the building.
A parcel of land, or part thereof, used for the disposal
by abandonment, dumping, burial, burning, or any other means, and
for whatever purpose, for items such as, but not limited to, garbage,
trash, refuse, junk, discarded machinery, vehicles, or parts thereof,
or waste material of any kind.
A building designed or used as the living quarters for one
or more families. The term "dwelling" shall include seasonal homes,
and they must meet all the requirements of this chapter and all other
regulations or laws applicable to dwellings.
One or more rooms designed for occupancy by one family for
cooking, living and sleeping purposes.
A multilevel building having the lower level containing,
or designed to contain, a commercial facility(ies) and the upper level
containing, or designed to contain, a dwelling unit(s).
A building or portion thereof designed or used exclusively
for occupancy by no more than three families living independently
of each other.
A detached building of 500 square feet minimum containing
one dwelling unit only and designed or used exclusively for the occupancy
of one family.
A detached building containing two dwelling units only and
designed or used exclusively for occupancy by two families.
A dwelling unit or units, which may include a recreational
vehicle, tent, or the like, in which individuals inhabit for seasonal
or recreational purposes, and for 180 days or less within a year.
An institution, either public or private, providing full-time
instruction and a course of study which meets with the requirements
of the New York State Education Law or a nursery, day care, or kindergarten
which meets all pertinent requirements set by the New York State Education
Law or the New York State Health Code.
A public or private parking space that is served by battery
charging 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 building or structure in which fire-fighting apparatus
and equipment, ambulance apparatus and equipment, police vehicles/apparatus
and/or equipment and/or any other emergency services apparatus and
equipment are housed and stored. Such buildings may or may not include
meeting rooms or any other ancillary facilities for the use of the
members of these groups.
A set of plans prepared by or under the direction of a licensed/certified
professional indicating the specific measures and sequencing to be
used to control sediment and erosion on a development site during
and after construction and be applicable for all construction and/or
development without the approval of a stormwater pollution prevention
plan (SWPPP), except as otherwise provided herein, including all construction,
residential or commercial, on slopes 15% or greater.
The explicitly prohibited uses defined and described in Article IV of this chapter.
One or more persons occupying a dwelling unit as a single
nonprofit housekeeping unit or domestic partnership. More than five
persons not related by blood, marriage or adoption shall not be considered
to constitute a family.
A tract of land meeting the acreage requirements of this
chapter, used wholly or in part for agriculture and/or animal husbandry.
An establishment where a minimum of 50 and no more than 75,000
barrels of New York State labeled beer is manufactured annually. New
York State labeled beer shall adhere to the provisions set forth in
Alcoholic Beverage Control Law § 3, Subdivision 20-d, as
amended.
Any, structure or place, temporary or permanent, used by
three or more producers, for the direct sale of farm, food, and/or
related products from producers to consumers.
Buildings, structures, or vehicles totaling less than 144
square feet in ground area for the sale of agricultural products and
camp firewood. This definition does not include operations primarily
for the sale of crafts or nonagricultural items.
The sale, vending or peddling of new or used general merchandise
and/or household merchandise on a scheduled basis by multiple vendors.
Flea markets are prohibited in the Town of Highland. Such use shall
not include garage sale as defined herein.
A nearly flat plain along the course of a stream or other
large body of water that is naturally subject to flooding and as defined
by the Federal Emergency Management Agency (FEMA) and depicted on
the official flood hazard boundary maps for the Town of Highland.
The gross horizontal area of a building measured from the
exterior face of the exterior wall. Total area is the sum of the gross
areas for each floor of level.
The controlling and supervision of a large tract of land
covered with trees and underbrush or as defined by New York State
Department of Environmental Conservation.
A premises used or intended to be used for the operation
of amusement devices.
A portion of a premises used or intended to be used for the
operation of amusement devices, supplementary and subordinate to the
permitted principal use of the premises therein.
The sale of household merchandise owned by the resident of
the premises or a person acting together with such resident.
An enclosed space for the storage of not more than three
motor vehicles, provided that no business, occupation or service is
conducted for profit therein, or more than one space is leased to
a nonresident of the premises.
A residential structure that is licensed by New York State
to provide room, board, and supervised care for up to 14 unrelated
individuals. For the purposes of this definition, group homes shall
include supervised foster homes, homes for individuals with a mental
and physical disability or impairment, which may include, but not
necessarily be limited to, mental illness, mental retardation, developmental
disability, mobility impairment, recovering substance abuse, and other
special needs populations. Such homes shall share a common kitchen,
sanitary facilities and other common living facilities. Group homes,
as defined herein, shall not include facilities that only provide
continuous nursing care (i.e., skilled nursing homes) or housing provided
in single room occupancy hotels or similar buildings.
A detached building on the same lot as an existing primary
one-family dwelling, for use as a complete, independent living facility
with provisions for cooking, eating, and sanitation and sleeping.
A minimum of 500 square feet of space for living, sleeping,
eating, and cooking. Bathrooms, toilet compartments, closets, halls,
storage or utility space, and similar areas shall not be included
in the total calculated square footage of a habitable structure.
Any building or structure used, or intended for use, on a
day-to-day basis by people for residential purposes and includes a
minimum of 500 square feet of space defined herein as habitable.
Any gainful occupation customarily conducted within a dwelling
by the residents thereof which is clearly secondary to the use of
the dwelling for living purposes, and which does not change the character
of the structure as a residence. Said activity shall not occupy more
than 50% of the habitable floor area of the dwelling.
A person, no younger than 21 years of age, that is either
the property owner or a designee of the property owner of a short-term
rental (STR), and who lives within a thirty-mile driving distance
from the STR property and shall be required to be available to promptly
deal with emergencies, other STR renter issues, and compliance with
STR operating requirements.
Includes, but is not limited to, vehicles, tires, vehicle
parts, equipment, paper, rags, metal, glass, building materials of
all kinds, household appliances, brush, wood or lumber.
The keeping or boarding, whether as a hobby or for profit,
of five or more dogs within the confines of a residence or in a separate
structure specific to this purpose.
Construction activity including clearing, grading, excavating,
soil disturbance or placement of fill that results in land disturbance
of equal to or greater than one acre, or activities disturbing less
than one acre of total land area that is part of a larger common plan
of development or sale, even though multiple separate and distinct
land development activities may take place at different times on different
schedules.
A lot plan showing site grading, road and building footprint,
landscape design, open space and plantings.
The sum of the gross horizontal area of the floor of a dwelling
unit as measured from the exterior walls of all rooms. Floor space
shared in common with other dwelling units or used for storage purposes
or in the operation and maintenance of the building shall not be included
in computing floor area.
Animals, including, but not limited to, domestic farm animals
such as pigs, sheep, horses, cattle and goats.
A parcel of land occupied or capable of being occupied for
a principal use and buildings and uses customarily incidental thereto.
The total horizontal area of a parcel of land included within
the exterior lines of a lot, not including any part of a street or
public right-of-way, or any lands underwater. Any calculation of allowable
density of a lot area shall exclude the measurement of any part of
a street or public right-of-way, or any lands underwater.
The portion of a lot that is covered by buildings or structures.
The average distance from the front lot line of a lot to
the rear lot line of such lot.
The portion of a lot adjacent to and running parallel with
the street.
Any boundary of a lot.
The lot line generally adjacent to the street line.
The lot line generally opposite to the street line.
The distance between side lot lines, as measured at the required
minimum front yard depth or at the front building line wherever it
is located.
A lot at the junction of the fronting on two or more intersecting
streets.
A structure, transportable in one or more sections, that,
in the traveling mode, is eight feet or more in width or 40 feet or
more in length or, when erected on site, is 500 square feet minimum,
and that was built on or after June 15, 1976, on a permanent chassis
and designed to be used as a dwelling with a permanent foundation
(full basement or crawl space foundation with 42 inches of space from
the varmint slab to the underside of the floor joist) 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 recreation vehicle.
Any process whereby the nature, size or shape of articles
or shape of articles of raw materials are changed, or where articles
are assembled or packaged in quantity.
Such facilities shall include but are not limited to clinics,
medical groups, hospitals, hospital annexes, as well as chiropractic,
dental and other similar physician facilities.
Operations extracting greater than 1,000 tons per year of material on the premises on which it is extracted and including but not limited to such as gravel, rock, stone, sand, fill or minerals from the surface or below the ground. In no event shall "mineral extraction" be construed to mean, be, or include natural gas and/or petroleum exploration activities or natural gas and/or petroleum extraction activities (as those terms are respectively defined in Article IV of this chapter).
A dwelling unit also known as a manufactured home, built
to U.S. Department of Housing and Urban Development (HUD) Manufactured
Home Construction and Safety Standards, which has the following characteristics:
Manufactured as a movable or portable dwelling unit for year-round
occupancy and for installation on a masonry or concrete foundation
or a mobile home stand, or piers, with or without a basement or cellar.
Designed to be transported on its own chassis and wheels and
connected to utilities after placement on a stand, foundation, or
piers.
May contain parts that can be folded, collapsed, or telescoped
when being towed and expanded later to provide additional living space.
May be constructed in two or more separately towable components
that are designed to be joined into one integral unit capable of being
again separated into the components for repeated towing, such as a
doublewide mobile home.
A modular home and a recreational vehicle, as defined herein,
is not considered a mobile home.
A structure designed primarily for residential occupancy
and constructed by a method or system of construction whereby the
structure or its components are wholly or in substantial part manufactured
in manufacturing facilities, intended or designed for permanent installation,
or assembly and permanent installation.
Any establishment consisting of a building or group of buildings
providing sleeping accommodations with individual bathrooms and designed
for use by transient travelers. Shall be limited to 12 or fewer units
for lands within the Designated Delaware River Corridor.
A type of self-propelled recreational vehicle which offers
living accommodation combined with a vehicle engine.
A building, structure, or use of land lawfully existing at
the time of enactment of this chapter which does not conform to the
regulations of the district or districts in which it is located.
An incidental space located on a residential lot, within
a dwelling unit or within an accessory building, that enables the
homeowner(s) to conduct office or business-related activities associated
with the homeowner's occupation(s), so long as the activities do not
meet the definition or standards established by this chapter for a
home occupation. Remote offices shall not be permitted within any
temporary dwelling or temporary structure.
Any recreational use particularly oriented and utilizing
the outdoor character of the area, including, but not limited to,
playgrounds, picnic areas, snowmobile, trail bike, jeep and all-terrain
vehicle, downhill ski trails or similar uses in which physical alteration
to the land occurs.
The area of property intended for the parking of vehicles
and/or trailers regardless of surface materials. Such parking areas
or lots shall be subject to all regulations herein. Driveways shall
not be deemed a parking area for purposes of screening.
Any individual, owner, firm, company, association, society,
corporation or group.
A service or services provided to the general public gratis
or for a nominal fee, such as, but not limited to, comfort stations,
information centers, public telephones, porta toilets, and in the
case of campgrounds, fireplaces, potable water supplies, toilets and
urinals, and showers.
Land in public ownership set aside for public use which may
or may not have developed recreational facilities such as playgrounds,
tennis courts, baseball fields, picnic areas and/or lavatories.
An entity which operates as a monopoly, and whose rates charged
to customers are established by a utility commission. A public utility
facility is a facility which is operated by a public utility, and
which provides electric, gas, steam, telephone service, water or sewerage
directly to the general public.
Structures and facilities owned publicly for the purpose
and provision of electric, gas, communication, water or sewer services.
This shall not include communications towers, power-generating facilities,
major electric lines, or major transmission lines.
The total area in square feet of a building that is available
for public use. Areas not considered available to the public include,
but are not limited to, warehousing areas, private offices and loading
areas.
An excavation or pit usually open to the air, from which building stone, slate, or the like is obtained by cutting, blasting, etc., as a business for profit. In no event shall "quarrying" be construed to mean, be, or include natural gas and/or petroleum exploration activities or natural gas and/or petroleum extraction activities (as those terms are respectively defined in Article IV of this chapter).
The minimum number of members of decision making body that must be present at any of its meetings to make the proceedings of that meeting valid. Related to this Chapter 190, Zoning, this minimum number shall be three members of the Planning Board of the Town of Highland, Zoning Board of Appeals of the Town of Highland, or the Town Board of the Town of Highland.
A vehicular unit, 400 square feet or less at its largest
horizontal projection and primarily designed as temporary living quarters
for seasonal, recreational camping, or travel use, and which either
has its own motive power or is mounted on or drawn by another vehicle.
The basic entities are travel trailer, camping trailer, truck camper
and motor home. A recreational vehicle shall not be designed primarily
for use as a permanent dwelling but as temporary living quarters for
recreational, camping, travel or seasonal use and shall not be inhabited
in excess of 180 days per year.
Replacement or renewal, excluding additions, of any part
of a building, structure, device, or equipment, with like or similar
materials or parts, for the purpose of maintenance of such building,
structure, device or equipment, for which no building permit is required.
Any retail service operation which may be used for, but not
limited to, the sale of motor fuels or petroleum products and small
engine products, storage, repair, rental, greasing, washing, servicing,
adjusting or equipping small engines, lawn and garden, and recreational
equipment. Total structures associated with such establishment shall
not exceed 2,000 square feet in the R1 and the R2 Zoning Districts
within the Designated Delaware River Corridor.
A business enterprise preparing and serving food and beverage
selected from a full menu by patrons seated at a table or counter,
and for the most part consumed on the premises, which may or may not
include the sale of alcoholic beverages as an accessory use, such
as but not limited to a diner, food counter, or the like.
An enclosed store for the sale of retail goods such as but
not limited to a department store, convenience store, food store,
or any other store for the retail sale of other products.
The line formed by the meeting of the tops of sloping surfaces
of land and/or cliff faces, usually at the highest elevation and which
is visible from one or more of the following locations: New York State
Route 97, the Delaware River. This shall not be interpreted to signify
any boundary.
A place or building whose primary purpose is where timber
is sawed into planks, boards, etc., by machinery for the production
of various sizes, grades, and types of lumber from hardwood, conifer
logs and other timber.
That which conceals or hides from view of the community and
is aesthetically pleasing, preferably vegetation and/or fencing, in
keeping with the standards of the community.
A store or office offering the following types of services:
Personal convenience services including, but not limited to,
barber shops, beauty shops, shoe repair, and dry cleaning shops;
Specialty services, including, but not limited to, photo studios,
tailors, taxidermists, and catering services, but shall not include
a catering service facility;
Service establishments shall not have any outdoor storage of
equipment, and be limited in size to no greater than 2,000 square
feet in the following districts: R1, R2, and WLRD.
An accessory use or supplementary business allowing a short-term
rental (STR), not to exceed 60 days per booking, of at least one room
in a private home or habitable accessory structures. Two types of
STR uses are allowed in the Town of Highland: owner-occupied short-term
rental and non-owner-occupied short-term rental.
|
SHORT-TERM RENTAL, OWNER-OCCUPIED — A supplementary
business in an owner-occupied private residence in which bedrooms
are offered for rent within the residence and/or habitable accessory
structures, and in which no public restaurant is maintained and no
other commercial services are offered.
|
|
SHORT-TERM RENTAL, NON-OWNER-OCCUPIED — A
supplementary business in a non-owner-occupied private residence in
which the entire private residence and/or habitable accessory structures
are offered for rent, with no owner/host present on the property.
|
Shall mean, but shall not be limited to, any object, device,
display, structure, or part thereof, situated outdoors or indoors,
and intended for viewing from the building exterior, which is used
to advertise, identify, display, direct, or attract attention to an
object, person, institution, organization, business, product, service,
event, or location by any means, including words, letters, figures,
designs, symbols, fixtures, colors, illumination, or projected images.
Includes all faces of a sign measured as follows:
When such sign is on a plate or framed or outlined, all of the
area of such plate or the area enclosed by such frame or outline shall
be included.
When such sign consists only of letters, designs, or figures
engraved, painted, or projected or in any manner affixed on a wall,
the total area of such sign shall be deemed the area within which
all of the matter of which such sign consists may be inscribed.
A commercial structure or sign which directs attention to
a business, product, service, or attraction conducted, manufactured,
sold or displaced elsewhere than upon the lot on which such sign is
displayed.
A sign which indicates the route or direction to an establishment.
A sign which gives forth artificial light directly or through
a transparent or translucent material from a source of light connected
to the sign or part of a sign structure.
A sign on which are listed the names of persons or agencies
in a place or location common to all.
A sign affixed to the wall of a building, the display surface
of which does not extend more than 18 inches beyond such wall at any
point of measurement.
Any illuminated sign on which the artificial or reflected
light is not maintained stationary and constant in intensity and color
at all times when in use. Any revolving illuminated sign or revolving
luminary device shall be considered a flashing sign.
Any sign not attached to a building or structure of any kind.
A sign which identifies a business, industry, service or
attraction conducted upon the lot on which the sign is displayed,
or which attracts attention to a commodity sold or displayed upon
the lot or premises.
A sign illuminated by a source of light which is detached
from the sign structure and which is shielded so that illumination
is directed upon the sign and the source of light is not visible from
an adjoining property or street.
Any sign that is affixed to or painted on the interior of
a window or any sign located within one foot of the inside face of
the window, which sign is designed to be visible from the exterior
of the window.
Any sign which is attached to a building, whether by braces,
brackets, or similar connecting devices, which sign is not parallel
to the face or wall of the building or structure and the display surface
of which sign extends more than 18 inches beyond such face or wall
at any point of measurement therefrom.
Any sign located any place on the roof of a building or structure
which is fastened and/or secured wholly or partially onto the roof.
(It is the purpose and intent of the following definition
to prevent an attempt to circumvent the freestanding sign section
of the chapter by utilization of vehicles as a substitute for a permitted
freestanding sign.) Any letter, group of letters, words, or other
devices or representations which form or are used as, or are in the
nature of, an announcement, advertisement, or other attention-directing
device, placed, painted, affixed, attached upon a motor vehicle, vehicle
or trailer of any type, registered or unregistered, is prohibited.
Excluded here from are motor vehicles, vehicles, or trailers lawfully
registered and insured, regularly used in the business conducted on
the premises and not having attached thereto temporary or removable
signs.
A plan prepared by an architect, engineer, or land surveyor,
including natural features, existing structures and utilities, proposed
improvements and divisions, including any and all necessary legal
data, and any other information deemed necessary by the Planning Board.
A plan drawn to scale showing the property and such items
as, but not limited to, existing and proposed structure locations,
utilities, access and easements, streets, rights-of-way, and land
use areas, along with any other information deemed necessary by the
Planning Board or Code Enforcement Officer.
A streamlined review process available only related to the
development of small-scale solar energy systems which do not meet
eligibility requirements as outlined in the Town's adopted unified
solar permit application. The process requires the applicant to submit
said application in lieu of a full site plan submittal; however additional
information may be required, if requested by the Town Planning Board.
SOLAR ACCESS AREAA space open to the sun, mostly clear of overhangs or shade that allows the use of solar energy systems on real property.
SOLAR ARRAYA group of multiple solar panels or modules linked into a single unit or system.
SOLAR COLLECTORA photovoltaic cell, panel, solar array, or other device that converts solar radiation into electricity or transfers solar energy to air, water, or another storage media.
SOLAR EASEMENTA written easement recorded pursuant to the New York Real Property Law § 335b, the purpose of which is to procure the right to receive direct sunlight across real property to operate a solar energy system.
SOLAR ENERGY EQUIPMENTElectrical energy storage devices, material, hardware, inverters, or other electrical equipment and conduit of photovoltaic devices associated with the production of electrical energy.
SOLAR ENERGY SYSTEMA combination of components that utilize solar radiation (direct, diffuse, or reflected) to produce energy designed to provide heating, cooling, hot water and/or electricity, including, without limitation, solar panels and facilities, solar arrays, solar collectors, and solar thermal systems and facilities.
SOLAR ENERGY SYSTEM, GROUND-MOUNTEDA solar energy system that is anchored to the ground and attached to a pole or other mounting system, detached from any other structure.
SOLAR ENERGY SYSTEM, LARGE-SCALEA solar energy system generating over 25 kW of electricity and which may be rooftop-mounted or ground-mounted, and designed and/or built to provide power for the owners, lessees, tenants, residents, or other occupants of the premises on which they are erected; and the sale of any excess power through an arrangement in accordance with New York Public Service Law § 66-j or similar state or federal law or regulation shall be secondary.
SOLAR ENERGY SYSTEM, ROOF-MOUNTEDA solar panel system located on the roof of any legally permitted building or structure for the purpose of producing electricity.
SOLAR ENERGY SYSTEM, SMALL-SCALEA solar energy system that produces no more than 25 kW of electricity and which may be rooftop-mounted or ground-mounted, and designed and/or built to provide power for the owners, lessees, tenants, residents, or other occupants of the premises on which they are erected; and the sale of any excess power through an arrangement in accordance with New York Public Service Law § 66-j or similar state or federal law or regulation shall be secondary.
SOLAR ENERGY SYSTEM, UTILITY-SCALEA solar energy system which may be rooftop-mounted or ground-mounted, and which is designed and/or built to provide energy as an ongoing commercial enterprise, or for commercial profit, or designed to distribute energy generated to a transmission system for distribution to customers or co-owners for use off the site. A utility-scale solar energy system may include solar energy system equipment and uses, such as but not limited to supporting posts and frames, buildings and/or other structure(s), access drives, inverter equipment, wires, cables and other equipment for the purpose of supplying electrical energy produced from solar technologies, whether such use is a principal use, a part of the principal use or an accessory use or structure.
SOLAR PANELA photovoltaic device capable of collecting and converting solar energy into electrical energy.
QUALIFIED SOLAR INSTALLERA person licensed as an electrician and listed as an eligible photovoltaic installer by the New York State Energy Research and Development Authority (NYSERDA) or who is listed as a certified solar installer by the North American Board of Certified Energy Practitioners (NABCEP) shall be deemed to be a qualified solar installer for the purpose of this section.
UNIFIED SOLAR PERMITA permitting process adopted by the Town of Highland for small-scale solar energy systems which meet specific criteria for consideration.
For the purpose of this chapter, the keeping or boarding
of any number of horses either as a hobby or for profit, whether within
or outside a structure of shelter.
A plan prepared in accordance with the New York State Stormwater
Management Design Manual and/or other NYS guidance materials, for
controlling runoff and pollution from a site during and after any
land development activities. Such plan shall be subject to review
by both the Town of Highland (Code Enforcement Officer) and any required
NYS agencies and shall meet all requirements and standards of set
forth by reviewing entities.
That part of a building which is between the surface of the
floor and the ceiling immediately above.
The manipulation or alteration of a stream's course, condition,
capacity, or location that causes more than minimal interruption of
normal stream processes. This is inclusive of, but not limited to,
straightening, deepening, widening, clearing, diking, or lining existing
streams with concrete, riprap, stones, or other fill products.
A public way which affords principal means of access to abutting
properties.
The dividing line between a lot and the traveled way of a
street.
Permanent relocation of soil aggregates of quantities of 1,000 tons or more per year, exclusive of foundation excavation and pond sites. In no event shall "stripping" be construed to mean, be, or include natural gas and/or petroleum exploration activities or natural gas and/or petroleum extraction activities (as those terms are respectively defined in Article IV of this chapter).
Anything constructed or erected for occupancy or use which
requires location on the ground or attachment to something having
a location the ground, including ground signs. Appurtenances such
as railings, flagpoles, cooking grills, etc., are excluded.
A structure without any foundation, footing, or attachment
to an existing structure, often with open walls, which shall be required
to be removed after a designated activity or use for which the temporary
structure was erected has ceased.
Anything man-made for the purpose of containing filtered
and chlorinated water more than 24 inches deep and/or having more
than 250 square feet of water surface area, which water is used solely
for bathing or swimming.
A dwelling unit that is characterized by its size and may
be built as a permanent or mobile structure. For purposes of this
chapter, a tiny home shall be considered a mobile home and shall meet
all standards applicable to a mobile home. A tiny home less than 500
habitable square feet shall be prohibited.
Any vehicle not propelled by its own power drawn on the public
roadways by a motor vehicle.
A recreational vehicle not propelled by its own power and
drawn on public roads by a motor vehicle.
Meaning the Upper Delaware River Corridor as if fully spelled
out.
The specific purpose for which land or a building is used
or occupied or maintained.
A use of land specifically authorized within a zoned district.
A permitted use which is contingent upon compliance with
conditions specified in this Zoning Law and the issuance of a special
use permit by the Planning Board.
Any electric power line, cables, or conduits used for transmission
of power between two points which has design capacity of 125 kilovolts
or greater and extending a distance of one mile or more in length,
or between 100 and 125 kilovolts extending a distance of 10 miles
or more in length. This shall include lines that may be above ground
or buried. This shall not include any communications or electrical
distribution lines.
A facility which treats sewage or discharges treated effluent
to the watershed, and which requires a permit under Environmental
Conservation Law, installed for the purpose of treating, neutralizing,
stabilizing or disposing of sewage by removal of contaminants accomplished
by unit operations or processes or by a combination of such operations
and processes, including any combination of the following: preliminary
treatment, flow equalization, primary settling, biological treatment,
chemical treatment, secondary settling, filtration, aeration, disinfection,
sludge processing, or any other processes as may be applicable to
a given design for a wastewater treatment plant. Wastewater treatment
plants shall not include intermediate sized sewage treatment systems
as defined in these rules and regulations. This shall not include
intermediate-sized sewage treatment systems as defined by the New
York State Department of Health.
Any device such as a turbine, windmill or charger that converts
wind energy to a usable form of energy shall be considered a wind
energy conversion system (WECS). A small-scale WECS shall produce
energy for use only by the primary residence, business or agricultural
operation or by the owners or subscribers of a small-scale communal
system, and is not intended for commercial profit. A small-scale WECS
shall consist of a wind turbine, a tower, and associated controls
or conversion electronics.
An unoccupied ground area fully open to the sky between the
front property line and the front building line.
An unoccupied ground area full open to the sky between the
rear property line and the rear building line.
An unoccupied ground area fully open to the sky between any
property line other than a street line or rear lot line, and a line
drawn parallel thereto, and between the front and rear yards.
Activity in which a participant traverses from one point
to another by use of a cable or rope line suspended between two support
structures.
