A.
To facilitate public understanding of this chapter
and for the better administration thereof, all words in this chapter
shall carry their customary meanings or shall mean as specifically
defined in this article.
B.
Words used in the present tense include the future,
and the plural includes the singular; the word "lot" includes the
word "plot"; the word "building" includes the word "structure"; the
word "shall" is mandatory; "occupied" or "used" shall be considered
as though followed by the words "or intended, arranged or designed
to be used or occupied."
C.
Where provisions of this chapter impose greater restrictions
than those of any statute, ordinance or regulations, the provisions
of this chapter shall be controlling. When the provisions of any statute,
other ordinance or regulations impose greater restrictions than this
chapter, the provisions of such other statute, other ordinance or
regulations shall be controlling.
As used in this chapter, the following terms
shall have the meanings indicated:
See “junk vehicle.”
The voluntary absolute relinquishment or the giving up of
a known right to which one is entitled with the intention of permanently
terminating or parting with such right. The intention of abandonment
shall be conclusively presumed by the cessation of such nonconforming
use by an overt act or failure to act, implying that the owner intends
to permanently cease putting the premises to the nonconforming use
or such other nonconforming use as may be permitted by this chapter.
A second dwelling unit either in or added to an existing
single-family detached dwelling, or in a separate accessory structure
on the same lot as the principal dwelling, for use as a complete,
independent living facility with provision within the accessory dwelling
unit for cooking, eating, sanitation, and sleeping. Such a dwelling
shall be clearly accessory and incidental to the principal dwelling.
A supplemental freestanding building, the use of which is
incidental to that of a principal building and located on the same
lot therewith.
A use customarily incidental and subordinate to the main
or principal use or building and located on the same lot with such
principal use or building.
Any use or business that:
Is the use of land, structures or location for
an adult entertainment business as herein defined; and
Is any use of land, structure or location which,
by the provisions of the Penal Law, is required to restrict the access
thereto by minors; and
Is an establishment, location, building or structure
which features topless dancers, nude dancers or strippers, male or
female; and
Is a location, building or structure used for
presenting, lending or selling motion-picture films, videocassettes,
cable television or any other such visual media, photo sessions, posing,
and display or sale of paraphernalia, or used for presenting, lending
or selling books, magazines, publications, photographs or any other
written materials distinguished or characterized by an emphasis on
matter depicting, describing or relating to sexual activities or anatomical
areas. Adult use businesses include adult bookstores, adult video
stores, adult motion-picture theaters, adult mini-motion-picture theaters,
adult cabarets, and adult drive-in theaters.
Any person who can show written notarized proof that he/she
is acting for the property owner.
A special district designated by the Saratoga County Board
of Supervisors pursuant to the New York State Agriculture and Markets
Law.
The employment of land for raising, harvesting, and selling
crops, or feeding, including, but not limited to, grazing, breeding,
managing, selling or producing livestock, poultry, fur-bearing animals
or honeybees, or by dairying and the sale of dairy products, by any
other horticulture, floriculture or viticulture, aquaculture, hydroponics,
silvaculture, animal husbandry, or by a combination thereof. It also
includes the employment of land for stabling or training equines,
including but not limited to providing riding lessons, training clinics
and schooling shows, including other on-farm niche marketing promotions.
Activities conducted on a farm and offered to the public,
or to invited groups, for the sale of agricultural products, education,
recreation or active involvement in the farm operation. An agritourism
activity may be secondary to the primary farm use on a property located
in the RA District. Agritourism activities may be conducted in an
accessory building or structure, and include, but are not limited
to, on-farm bed-and-breakfasts, farm-stay programs, u-pick operations,
restaurants, farm stores, and pumpkin patches.
As applied to a building or structure, means a change or
rearrangement in the structural parts or in the exit facilities or
an enlargement, whether by extending on a side or by increasing in
height; or the moving from one location or position to another or
modifying in any way from a Town approval plan or program.
The joining of one parcel or a part of a parcel to an adjacent
parcel where no additional building lot is created. Sometimes referred
to as a "lot line adjustment." (See “subdivision.”)
The total areas taken on a horizontal plane at the main grade
level of the principal building and all accessory buildings, exclusive
of patios, terraces and steps.
The regulation of building size, setbacks or yards, parking
and loading requirements and similar regulations, but excluding any
performance standards.
Any place of storage or deposit, whether in connection with
another business or not, where two or more unregistered, old or secondhand
motor vehicles no longer intended or in condition for legal use on
public highways or in agricultural activities are held, whether for
the purpose of resale of used parts, for the purpose of reclaiming
for use some or all of the materials therein, whether metal, glass,
fabric or otherwise; for the purpose of disposing of the same or for
any other purpose. Such term shall include any place of storage or
deposit for such purposes of used parts, waste materials from the
vehicle which taken together equal two or more such vehicles, provided
that the term "junkyard" shall not be construed to mean an establishment
having facilities for processing iron, steel or scrap and whose principal
produce is for sale for remelting purposes only. For the purpose of
this definition, "motor vehicle" shall mean all vehicles propelled
or drawn by power originally intended for use on public highways or
in farming activities.
see “motor vehicle sales.”
A building or structure utilized for the baking of breads
and/or pastries for sale on and off the premises.
A place in which the principal income is derived from the
sale of serving of alcoholic beverages for consumption on the premises,
with or without live entertainment.
A private dwelling in which not more than six bedrooms are
offered for rent on a daily basis to transient clients and where a
single meal (breakfast) is offered and included in the rental fee.
The meal may be served to overnight guests only.
An outdoor advertising sign available on lease for the display
of a commercial or public service message and which directs attention
to a business, commodity, service, entertainment or attraction sold,
offered or existing elsewhere than upon the same lot where such sign
is displayed, or only incidentally upon such lot.
A written agreement issued by a qualified agent, which guarantees
either the performance of a certain agreed-upon activity or an equivalent
consideration if the activity is not completed as required.
Open space, landscape areas, fences, walls, berms or any
combination thereof used to physically separate or screen one use
or property from another use or property so as to visually shield
or block noise, light, or other nuisances.
The space remaining on a legal lot after the minimum yard,
area and bulk requirements have been met.
A lot that complies with all the requirements set forth in
this chapter and has no foreseeable difficulties for the reason of
topography, irregular shape or other natural conditions that may impede
construction.
The number of potential building lots or the maximum unit
density for a proposed subdivision after deduction of constrained
land areas on the parent parcel and the minimum yard, area and bulk
requirements for each proposed lot have been met.
Any structure having a roof supported by columns or by walls
and intended for shelter, housing or enclosure of persons, animals
or chattel.
The amount of land covered or permitted to be covered by
a building or buildings, measured in terms of a percentage of the
total lot area. Such coverage is to be measured at mean grade level
and excludes uncovered porches, terraces, and steps.
The space within which a structure is permitted to be built
on a lot and that is defined by minimum yard setbacks and includes
all disturbances for building, driveways, well and septic systems.
The baseline of a vertical plane, parallel to the street
line or to the driveway in the case of keyhole lots or to the lakeshore
in the case of lakefront lots and extending from one lot line to another,
beyond which no portions of a building shall extend into the front
yard. Side and rear building lines shall be determined in a comparative
manner. This face includes sun parlors and covered porches, whether
enclosed or unenclosed, but does not include steps.
The vertical distance measured from the mean elevation of
the proposed finished grade at the front entrance of the building
to the highest point of the roof for flat roofs, to the deck line
of mansard roofs and to the median height between eaves and ridge
for gable, hip and gambrel roofs.
A building in which is conducted the main or principal use
of the lot on which said building is located.
Any operation, structure or establishment involved in the
making, developing, processing, distributing, exchanging or selling
of goods, materials, resources or service with profits as the motive
for the operation.
The use of land that is not subject to site plan, special
use permit, or use variance approval.
A building, the use of which is devoted to the washing of
and cleaning of the interior and exterior of trucks and automobiles,
including but not limited to one of the following types:
CONVEYOR TYPEA car wash facility where automobiles progress through the washing process pulled by a conveyor or by some other means than their own power.
DRIVE-THROUGH TYPEA car wash facility where automobiles are driven through the washing process under their own power.
SELF-SERVICE TYPEA car wash facility where automobiles are washed by the driver of the automobile using machinery provided by the management of the facility.
See “telecommunication tower.”
An organization catering exclusively to members and their
guests, or premises and buildings for recreational or athletic purposes
which are not conducted primarily for gain, provided that there are
not conducted any vending stands, merchandising or commercial activities
except as required generally for the membership and purpose of such
club.
A residential subdivision where the dwelling units that would
result on a given parcel under a conventional subdivision plan are
allowed to be concentrated on a smaller and more compact portion of
land and where a majority of the remaining land is left in its natural
open space condition in perpetuity. Conservation development results
in a flexibility of design and development to promote the most appropriate
use of land, to facilitate the adequate and economical provisions
of streets and utilities, and to preserve the natural and scenic qualities
of open lands.
A private outdoor and/or indoor recreational facilities such
as golf courses, playgrounds, swimming pools, ice rink, tennis courts,
and fishing and hunting preserves, water park, tennis courts, driving
ranges, basketball courts, handball and racquets courts, baseball
and softball fields, football fields, polo fields, tracks, and riding
rinks.
Any use involving the sale, rental or distribution of goods,
services or commodities, either retail or wholesale, or the provision
of recreation facilities or activities for a fee.
A building used for neighborhood meetings and recreation,
whether a fee is charged or not, but excluding buildings belonging
to a church or other places of worship.
The long-range plan intended to guide growth and development
of the Town, expressing official policy on the course of its housing,
public utilities, community facilities, transportation and land use
distribution and intensity and adopted according to New York State
Town Law § 272-a.
A residential subdivision where the dwelling units that would
result on a given parcel under a conventional subdivision plan are
allowed to be placed on the parcel in a flexible manner, where lot
sizes, road frontages, and other bulk dimensions are allowed to be
relaxed and where a majority of the remaining land is left in its
natural open space condition in perpetuity. Conservation development
results in a flexibility of design and development to promote the
most appropriate use of land, to facilitate the adequate and economical
provisions of streets and utilities, and to preserve the natural and
scenic qualities of open lands.
Land containing one or more of the following: state and federal
protected freshwater wetlands; one-hundred-year floodplains or flood
hazard areas; steep slopes of 20% and greater.
A freestanding retail store offering primarily packaged groceries
and offering token selections of a wide variety of sundries. Convenience
stores shall be a maximum of 2,500 square feet and shall not include
the dispensing of gasoline or other motor vehicle fuels unless appropriate
approvals for a gas station have been obtained.
A change in use or occupancy of a dwelling by alteration
or by other reorganization so as to increase the number of families
or dwelling units in a structure or use of a structure.
Establishments that document the social and religious structures
and intellectual and artistic features that characterize a society
and include museums, art galleries, and botanical and zoological gardens
of a natural, historic, educational, or cultural interest. While these
activities may charge admission fees, expenses or some percentage
of expenses are often borne by public agencies, foundations or donations.
Daytime care or instruction of three or more individuals
away from their own homes for more than three hours but fewer than
24 hours per day on a regular basis by an individual, association,
corporation, institution or agency, whether or not for compensation.
Such facilities must meet New York State and federal requirements.
A place, other than an occupied residence, providing or designed
to provide day care for any number of individuals, or an occupied
residence providing or designed to provide day care for seven or more
individuals. Such facilities must meet New York State and federal
requirements.
An owner-occupied residence providing or designed to provide
day care for more than three but not more than six individuals less
than 14 years of age. Such facilities must meet New York State and
federal requirements.
The ratio of lot area per family or dwelling unit on a lot.
A mercantile establishment conducted wholly within the principal
structure carrying assorted and unrelated lines of primarily nonfood
merchandise and is primarily customer self-service with checkout registers
as the principal point of monetary transaction.
That portion of a parcel that is appropriate for development;
i.e., does not contain steep slopes, wetlands (including buffers),
shallow bedrock or other site features making development inappropriate.
The legal or beneficial owner or owners of all the land proposed
to be included in a development proposal.
All land preparation activities involving the movement, placement,
removal, transfer or shifting of soil and/or vegetation, including,
but not limited to, clearing, draining, filling, grading, regrading
or the building of structures or the placement of improvements on
land, including the construction of individual sidewalks, paths, roads
or driveways. The condition of land disturbance shall be deemed to
continue until the area of disturbance is returned to its original
state or to a state complying with a permit for such disturbance granted
in accordance with this chapter.
Any domesticated sheep, horse, donkey, mule, cattle, deer,
llama, goat, swine, fowl, duck, goose, swan, turkey, confined domestic
hare or rabbit, pheasant, poultry, pigeons and also any animal, including
birds, which is raised under license from the State Department of
Environmental Conservation.
A business where a customer is permitted or encouraged, either
by design of physical facilities or by service and/or packaging procedures,
to conduct business, or the providing and/or sale of goods and services
in the off-street parking accessory to the business, while seated
in a motor vehicle.
A building designed for occupancy by three or more families
living independently of each other.
A detached building designed for or occupied exclusively
by one family.
A building designed for or occupied exclusively by two families
living independently of each other where not more than two individual
dwelling units are separated by vertical walls or horizontal floors.
A structure intended for personal occupancy, inhabited infrequently
and not considered a principal residence. Such dwelling need not contain
insulation.
One or more rooms with the provision of living, cooking,
sanitary and sleeping facilities designed for use by one family.
Authorization by a property owner for the use of any designated
part of his property by another, and for a specified purpose.
Any establishment where horses are kept for riding, driving
or stabling for compensation or incidental to the operation of any
club association, ranch or similar establishment.
Any activity which removes or significantly disturbs rock,
gravel, sand, soil or other natural deposits.
One or more persons occupying the premises and living as
a single not-for-profit housekeeping unit, as distinguished from a
group occupying a boardinghouse, lodging house, club, fraternity or
hotel.
See “agricultural use.”
A permanent year-round structure for the purpose of the sale
of farm produce and agricultural products. (See also “roadside
stand.”)
See “lot, keyhole or flag.”
A land area adjoining a river, stream, watercourse, bay or
lake which is likely to be flooded.
The sum of the gross horizontal area of the several floors
of a building and its accessory buildings on the same lot, excluding
cellar and basement floor areas not devoted to residential use, but
including the areas of roofed porches and roofed terraces. All dimensions
shall be measured between the exterior faces of walls.
In accordance with the New York State Building Code, all
spaces within the exterior walls of a dwelling unit, exclusive of
garages, cellars, heater rooms, basement rooms having a window area
of less than 20% of the square foot area of the room, unheated porches
and breezeways, but shall include all spaces not otherwise excluded,
such as principal rooms, utility rooms, bathrooms and all closets
and hallways opening directly into and appurtenant to any rooms within
the dwelling unit, and all attic spaces having a clear height of six
feet from the finished floor level to the pitch of the roof rafter
with a clear height of seven feet six inches from the finished floor
level to the ceiling over 50% of the area of such attic space.
The quotient of the floor area of a building divided by its
lot area.
Commercial logging operations, clearing or destruction of
forested or woodland areas, selective cutting or clearing for commercial
or other purposes, clearing for agricultural or other prospective
land uses, and clearing of vegetation in reserved open space or resource
protection area; however, it shall not include clearing for single-family
residence construction sites where such clearing shall be carried
out as part of the building permit issuance procedure.
A farm used for raising for gain either poultry or game birds
in total quantities of 200 or more birds.
That side of the lot nearest the street. A corner lot shall
be considered to have two such frontages.
A building used for the preparation of the deceased for burial
and the display and ceremonies connected therewith before burial or
cremation.
Any garage, other than a private garage, operated for gain
and which is used for storage, repair, rental, inspection, greasing,
washing, cleaning, servicing, adjusting or equipping of automobiles
or other motor vehicles.
An enclosed space for the storage of one or more motor vehicles,
provided that no business, occupation or service is conducted for
profit therein, nor space therein for more than one car is leased
to a nonresident of the premises. See also “gasoline filling
station” and “motor vehicle service station.”
A short-term public sale of no more than four consecutive
days in a month of used goods by a person, club, civic group or charitable
organization (includes barn sales, porch sales, yard sales and similar
designations).
Structures and buildings used for the sale of gasoline or
oil or other fuel for the propulsion of motor vehicles and which may
include facilities used for polishing, greasing, washing, spraying,
dry cleaning or otherwise cleaning and servicing such motor vehicles,
but not including the painting or major repair thereof or the use
of mechanical car wash equipment. The term "gas station" may also
include a convenience store as an integral part of the gas station.
An area designated within a development, the purpose of which
is intended for open space preservation, recreation (active or passive),
landscaping or parkland. Unless otherwise required by the Planning
Board, said lands shall be undisturbed and left in their natural state.
A commercial establishment for the retail sale of food and
related consumable items.
A dwelling which is occupied by two or more unrelated individuals
who are handicapped, developmentally disabled or emotionally disturbed
and which is supervised by a paid or volunteer live-in counselor and
is licensed by the State of New York.
An occupation for gain or support conducted on the premises.
Home occupations shall not disturb the quality or character of the
neighborhood, discharge any pollutants into the environment or create
undue noise, heat, smell or light. The maximum size for a sign advertising
a home occupation shall be four square feet.
MINOR HOME OCCUPATIONAny nonresidential use that is secondary and clearly subordinate to an existing residential use, conducted within a dwelling unit or an accessory structure by a permanent resident of that dwelling unit, which does not change the residential character of the dwelling unit or vicinity and where no nonresident employees, customers or clients enter the premises and where no signage or exterior storage of products or equipment is required.
MAJOR HOME OCCUPATIONA business activity results in a product or service for financial gain, conducted wholly or partly in a dwelling unit or accessory structure which is clearly secondary to the use of the dwelling for living purposes and does not change the residential character of the dwelling unit or vicinity or have any exterior evidence of such secondary use other than a sign and where customers, clients or sales representatives enter the premises and in which not more than three nonresidents are employed.
A horse boarding operation provides care, housing, health-related
services and training to animals kept on the premises or on other
properties owned or leased by the farm operator. Riding and training
activities that are directly related to and incidental to the boarding
and raising of horses, including riding lessons for persons who own
or have a long-term lease from the farm owner for the horse that is
boarded at the farm and uses for such activities, are part of the
farm operation. Riding academies offering riding lessons to the public
and to individuals that do not own or have a long-term lease for the
horse that is boarded and used at the facility for such riding and
operations whose primary function is horse racing are not considered
a horse boarding operation.
An agricultural use for stabling, or training equines, including
but not limited to providing riding lessons, training clinics, and
schooling shows. Under no circumstances shall this be construed to
include operations whose primary on-site function is horse racing.
An institution providing health services primarily for inpatients
and medical or surgical care of the sick or injured, including, as
an integral part of the institution, such related facilities as laboratories,
outpatient departments, training facilities, central service facilities
and staff offices. It does not include a sanitarium, clinic, rest
home, nursing home, or convalescent home.
See "motel/hotel."
The amount of a lot covered in impervious surfaces such as
buildings, parking lots, roads, drives, accessways, sidewalks, paved
drainageways or other materials covered by materials which prevent
the percolation of rainwater into the soil.
Any material that prevents absorption of stormwater into
the ground.
A building designed and equipped for the conduct of sports,
or gymnasium uses undertaken entirely within a building, including
team or individual sports and related health and exercise facilities.
Video parlors, computer gaming facilities, movie theaters and bars
do not constitute indoor recreation facilities. However, an indoor
recreation use may be accompanied by customary accessory uses, which
may include food service facilities, meeting room or banquet facilities,
serving of alcoholic beverages, video or computer game facilities,
video theater facilities, sales of sport or exercise-related equipment
or clothing and other customary accessory uses.
Includes a wide range of assembling, fabricating, and manufacturing
activities such as: food processing, manufacturing and packaging;
grain storage, processing and distribution; concrete and asphalt batch
plants; manufacture of products and merchandise involving the use
of chemicals, processes or materials that might constitute a potential
explosive or environmental hazard; slaughter plants, packing houses,
animal by-products rendering, and other such animal processing activities;
automobile salvage and reclamation yards and facilities; processing
or production of oil, natural gas, geothermal resources or other hydrocarbons;
foundries; truck terminals, delivery services, moving and storage
facilities, and truck maintenance.
Includes limited manufacturing, wholesaling, warehousing,
research and development, and related commercial/service activities
such as: beverage bottling, distribution and warehousing; contractors
offices and storage buildings; including general contractors, plumbers,
electricians, heating, ventilating, air conditioning contractors,
masons, painters, refrigeration contractors, roofing contractors,
and other such construction occupations; distribution centers; ice
production, storage, sales and distribution; laboratories for research,
testing and experimental purposes; machine shops; manufacture of computers,
computer peripherals, electrical appliances, electronic equipment,
medical instruments, and other similar products from previously manufactured
components; manufacture of precision instruments and equipment such
as watches, electronics equipment, photographic equipment, optical
goods and similar products; manufacturing of articles or merchandise
from previously prepared or natural materials such as cardboard, cement,
cloth, cork, fiber, glass, leather, paper, plastics, wood, metals,
stones and other such prepared materials; printing and publishing.
Any vehicle which:
For any reason is incapable, without repair,
of being moved or propelled by application of internal power, if it
is a vehicle originally designed to be propelled by internal power
(such as an automobile, bus, truck, motorcycle, etc.) or is incapable,
without repair, of being drawn or towed, if it is a vehicle (such
as a trailer) originally designed to be towed or drawn from behind
an internally powered vehicle;
As judged by the standards of an ordinary reasonable
person, is unsightly in appearance because of the existence of one
or more conditions, such as but not limited to the following: deterioration
by rust of the body; deterioration of the exterior finish of the vehicle;
broken windows, absence of component parts of the vehicle (such as
fenders, panels, doors, tires, wheels, grille, roof, tailgate); physical
parts of the vehicle; absence of interior components (such as seats,
dashboard, interior door moldings, etc.); or
Is incapable of being moved or propelled, drawn or towed without repair as provided in Subsection A above and has remained situated on any real property for a period in excess of 90 days.
Any area of land, including buildings thereon, which is used
primarily for the collecting, storage and/or sale of wastepaper, rags,
scrap metal or discarded material; or for the collection, dismantling,
storage and salvaging of machinery or vehicles not in running condition
and for the sale of parts thereof. The deposit on a lot of two or
more wrecked or broken down machines or the major parts thereof for
three or more months will be deemed to make the lot a junkyard.
Any place at which there are kept four or more dogs more
than four months of age or any number of dogs that are kept for the
primary purpose of sale or for the boarding, care or breeding for
which a fee is charged or paid.
See “lot, keyhole or flag.”
Animals, including, but not limited to, domestic animals
such as sheep, horses, cattle, fowl, and goats.
A parcel of land occupied or capable of being occupied by
buildings and the accessory buildings or uses customarily incident
to it, including such open spaces as are required by law.
The mean distance from the street line of the lot to its
opposite rear line measured in the general direction of the side lines
of the lot.
A parcel of land at the junction of and fronting on two or
more intersecting streets.
An irregularly shaped lot characterized by an elongated extension
from a road to the principal part of the lot. The keyhole or flag
shape of the lot is normally intended to provide for access to an
otherwise landlocked interior parcel.
Any alteration of lines or dimensions of any lots or sites,
other than a property merger, shown on a plat previously filed in
the office of the County Clerk or set forth on the applicable tax
map that creates no additional lots (see "subdivision").
[Amended 7-14-2020 by L.L. No. 2-2020]
The property lines bounding the lot.
LOT LINE, FRONTThe line separating the lot from a street, road, highway or right-of-way.
LOT LINE, REARThe lot line opposite and most distant from the front line.
LOT LINE, SIDEAny lot line other than a front or rear lot line. A side lot line separating a lot from a street, road or highway is called a "side street, road or highway lot line."
That percentage of a lot covered by the building area.
An organization with preestablished formal membership requirements,
bylaws, and with the objective of promoting the interests of its members.
A building in part for one use and in part for some other
use not accessory thereto, where one use may be considered primary
and the other secondary.
A transportable one-family dwelling equipped for year-round
occupancy and containing the same water supply, waste disposal, heating
and electrical conveniences as immobile housing and which must conform
to the New York State Building Code pertaining to such structures.
The term "mobile home" shall include vehicles mounted on temporary
or permanent foundations, with or without wheels, collar or skids
in place, but shall not include a camping trailer, travel trailer
or office trailer. Any transportable dwelling in excess of 40 feet
in length shall be deemed to be a "mobile home," not to include motor
homes.
An area of land under single ownership which has been planned
and improved for the placement of two or more mobile homes for nontransient
dwelling purposes and approved as such by the Planning Board subsequent
to the introduction of a Zoning Law in the Town of Galway, and not
including the selling or servicing of trailers or mobile homes in
the mobile home court.
Factory-built structures that are transported to the site
and come in multiple sections to be placed on a permanent foundation
and are not transportable after installation and do not have an axle.
A building or group of buildings, whether detached or in
connected units, used as individual sleeping or dwelling units designed
primarily for transient automobile travelers and providing for accessory
off-street parking facilities. The term includes buildings designated
as tourist courts, motor lodges, auto courts, resort hotels or similar
appellations.
A building or portion of a building arranged, intended, or
designed for making repairs to motor vehicles, their mechanical systems
and their body structure, including painting, but excluding the sale
of petroleum products.
A building and/or area arranged, intended or designed to
be used for the rental, lease, sale and/or resale of motor vehicles,
new or used.
Any area of land, including structures thereon, that is used
for the sale of gasoline or any other motor vehicle fuel and oil and
other lubricating substances, including any sale of motor vehicle
minor accessories, and which may or may not include facilities for
lubricating or otherwise servicing motor vehicles, but not including
the painting thereof by any means.
See “dwelling, multifamily.”
Small, commercial establishments catering primarily to vehicular
or pedestrian traffic from nearby residential areas, providing convenience
goods and service to the public.
See “developable area.”
See "use, nonconforming."
The placing of personal belongings, such as clothing and
furniture, within the dwelling shall only take place after the issuance
of a certificate of occupancy, at which time it will be considered
occupied.
A place or establishment used for the organizational or administrative
aspects of a trade or used in the conduct of a business and not involving
the manufacture, storage, display or direct retail sale of goods.
This may include, but is not limited to, offices of salesmen, sales
representatives, insurance brokers, real estate brokers and persons
with similar occupations.
An office devoted to a professional service occupation, in
which knowledge in some department of science or learning is applied
to the affairs of others, either advising or guiding them, or otherwise
serving their interest or welfare through the practice of a profession
founded on such knowledge.
The map established by the Town Board under New York State
Town Law § 270 showing streets, highways and parks.
Land left in a natural state for conservation and agricultural
purposes or land landscaped for scenic purposes, devoted to active
or passive recreation, or devoted to the preservation of distinctive
architectural, historic, geologic or botanic sites. The term shall
not include land that is paved, used for the storage, parking or circulation
of automobiles, or occupied by any structure. Open space may be included
as a portion of one or more large lots, or may be contained in a separate
open space lot but shall not include private yards within 50 feet
of a principal structure.
An unenclosed portion of the ground of a lot which is not
devoted to driveways or parking spaces, which is free of structures
of any kind, and which is available and accessible to all occupants
of the building or buildings on said lot for purposes of active or
passive outdoor recreation. Accessory building roof space may be substituted
for ground space, provided that such space is available and accessible
to all said occupants.
A district, with supplementary regulations, which is superimposed
upon existing use districts.
An off-street space available for the parking of one motor
vehicle and having an area of not less than 162 square feet (nine
feet by 18 feet), exclusive of passageways and driveways appurtenant
thereto and giving access thereto, and having direct access to a street,
highway or alley.
A tract of land which is developed as a unit with a grouping
of residential, commercial and/or industrial buildings, together with
their accessory buildings and all appurtenant roadways, parking areas,
loading areas, open and/or greenspaces and service buildings and facilities.
Lands to be conserved in a clustered or conservation subdivision,
including unbuildable areas of wetlands, water bodies, floodplains,
and steep slopes.
A combination of two or more lots, all titled in the same
name(s), which does not move any property boundaries but rather eliminates
the common dividing line between the lots.
[Added 7-14-2020 by L.L. No. 2-2020]
A structure or enclosure containing equipment for conversion,
switching, storage and modification and transmission of public service
commodities such as telephone service, electric power and water, other
than telecommunications towers, which are separately defined herein.
A lot or land or part thereof used for the purpose of extracting
stone, sand or gravel for sale as a commercial operation and exclusive
of the process of grading a lot preparatory to the construction of
a building for which a building permit has been obtained. The terms
shall not include the stripping and selling of topsoil.
A private or public place designed and equipped for the conduct
of sports and leisure-time activities. A commercial recreational facility
is operated as a business and open to the public for a fee. A private
recreational facility is operated by a nonprofit organization and
open only to bona fide members and guests of such nonprofit organization.
Any structure having a roof supported by columns or walls
and intended for the housing of a recreational facility.
A lot or land or part thereof which has as a primary use
the disposal by abandonment, dumping, burial, composting, burning,
recycling or any other means and for whatever purpose of garbage,
sewage, trash, refuse, junk, discarded machinery, vehicles or parts
thereof or waste material of any kind.
A residence for infirm children, adolescents or adults who
require personal care, supervision and services, where compensation
and/or reimbursement of costs is paid to an operator pursuant to state
and/or federal standards, licensing requirements, or programs funding
such services.
Any structure having as a principal use the preparation and
dispensing of foods and beverages for consumption on the premises,
whether food is served upon order or taken by self-service and where
there are no facilities for drive-through service.
Traditional establishments, such as florists, lumber and
hardware stores, pharmacies, grocery stores, convenience stores, stationary
stores, bookstores, video-rental stores, clothing stores, department
stores, shoe stores, antique stores, etc., that sell goods or merchandise
to the general public for personal or household consumption.
An operation that offers riding lessons to the public and
to individuals who do not own or have a long-term lease for the horse
that is boarded and used at the facility for such riding.
A strip of land acquired by reservation, dedication, prescription,
or condemnation and intended to be occupied by a street, crosswalk,
railroad, electrical transmission lines, oil or gas pipelines, water
line, sanitary line, storm sewer line, or other similar uses, and
which exists for the purpose of allowing passage over the property
of another.
A temporary area and/or facility which is located on a parent
farm and used for the roadside sale of agricultural produce. See also
“farm market.”
A dwelling which was originally or is currently designed,
situated, or constructed to be occupied primarily in the summer months,
and was not or is not intended to be used by the inhabitants as a
primary or permanent residence and where lack of heating, water supply,
adequate sewage treatment, electricity, cooking facilities, or any
other factor relating to the structure or to the land on which it
is situated renders it unable to be used every day of the calendar
year.
Lands included in a clustered or conservation subdivision,
including mature woodlands, upland buffers around wetlands and water
bodies, prime farmland, natural meadows, critical wildlife habitat,
and sites of historic, cultural or archaeological significance.
A structure containing three or more secured general-use
storage bays offered for rent to the general public.
The State Environmental Quality Review Act (Environmental
Conservation Law Article 8).
An establishment primarily engaged in rendering services
to businesses on a fee or contract basis, such as advertising and
mailing, building maintenance, beauty shop, personal care services,
unemployment service, office equipment rental and leasing, commercial
research, development and testing, photo finishing and personal supply
services.
Any structure or part thereof attached thereto or painted
or represented thereon which shall display or include any letter or
word, model, banner, flag, pennant, insignia or device or which is
in the nature of an announcement, direction or advertisement. The
word "sign" includes the word "billboard" but does not include the
flag or insignia of any government or government agency.
The entire area within a single, contiguous perimeter enclosing
the extreme limits of such sign and in no case passing through or
between any adjacent elements of same. However, such perimeter shall
not include any structural or framing elements lying outside the limits
of such sign and not forming an integral part of the display. Only
one side of a double-faced sign shall be included as surface area
of such sign.
A land use which is deemed permissible within a given zoning
district or districts, but which may have the potential to exhibit
characteristics or create impacts incompatible with the purposes of
such district. The special use shall, therefore, be subject to approval
by the Planning Board in accordance with conditions set forth for
such use, as well as other applicable provisions of this chapter.
All ground areas having a topographical gradient equal to
or greater than 20%, measured by utilizing two-foot contours.
The holding or safekeeping of goods in a warehouse or other
depository to await the happening of some future event or contingency
which will call for the removal of the goods.
The accumulation of wholesale quantities of raw or finished
materials (solids, liquids and gases) preparatory to use in a manufacturing
process or to retail sales, a permanent reserve being maintained.
Junk and scrap materials do not qualify for inclusion in this category.
A public way which affords a principal means of access to
abutting properties.
The dividing line between the street or highway and the abutting
real properties.
A combination of materials to form a construction that is
safe and stable, the use of which requires location on the ground
or attachment to something that has location on the ground, and includes,
among other things, stadiums, platforms, radio towers, sheds, storage
bins, billboards and display signs.
The division of any parcel of land into two or more lots,
with or without streets or highways, including subdivision of a single
property previously separated by a road that meets all zoning requirements.
Such division shall include resubdivision of parcels of land for which
an approved plat or deed has already been filed in the office of the
County Clerk. They shall not be in conflict with any provision or
portion of the Comprehensive Plan, the Official Map or this chapter.
Any subdivision not classified as a minor subdivision, including
but not limited to subdivisions of five or more lots, or any subdivision
requiring any new street or extension of municipal services. Any minor
subdivision resubdivided into five or more lots within a five-year
period becomes a major subdivision.
Any subdivision containing not more than four lots fronting
on an existing street, not involving any new street or extension of
municipal facilities and may include the alteration of lot lines or
dimensions of any lots (i.e., including lot line adjustments but not
including property mergers) with no additional lots being created.
[Amended 7-14-2020 by L.L. No. 2-2020]
Any structure greater than 35 feet in height which is capable
of receiving and/or transmitting signals (for the purpose of communication)
for commercial or municipal purposes.
The surface layer of the soil containing more or less organic
matter to a depth usually plowed in cultivation.
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 other unit by one or more vertical common fire-resistant walls.
The specific purpose for which land or a building is used
or occupied or maintained. The term "permitted use" or its equivalent
shall not be deemed to include any nonconforming use.
A commercial structure used for the delivery of ambulatory
medical care outside of a hospital emergency department on a walk-in
basis without a scheduled appointment.
A use customarily incidental and subordinate to the principal
use of a building and located on the same lot with such principal
use of a building.
The lawful occupancy of a structure or land by a use or activity
which was lawful at the time of enactment of this chapter or its predecessor
ordinances and laws or any amendment to this chapter which does not
conform to the regulations of the district or zone in which it is
situated.
The main or primary use of the lot. Except for designated
mixed uses and multiple retail uses within a shopping center, only
one principal use is permitted per lot; all other uses, except special
uses and permitted accessory uses, being excluded.
A modification of the use and/or area and bulk regulations
of this chapter in an individual case where, due to specific facts
and conditions peculiar to a particular property, literal application
and strict enforcement would result in undue and unnecessary hardship
or practical difficulty that would deprive the owner of a reasonable
use of the land or structure. Such unnecessary hardship or practical
difficulty shall not be construed to include mere inconveniences or
a desire to make more money.
VARIANCE, AREAA variance from the area and bulk requirements or supplementary regulations of a related character (such as amount, size, location of design or access, off-street parking, landscaping, signs) to authorize on a specific lot a permitted use which could not feasibly be established without relief from one or more of the dimensional requirements pertaining to the district.
VARIANCE, USEA variance from the use regulations to allow the establishment on a specific lot of a use otherwise prohibited in the district.
An area of land or structure that is used for the retail
sale of any motorized vehicles and which may or may not include facilities
for lubrication, washing or otherwise servicing vehicles.
A building or part of a building for storing of goods, wares
and merchandise, whether for the owner or for others, and whether
it is a public or private warehouse, including self-storage units.
Lands or submerged lands commonly referred to as "swamps"
or "marshes" which support aquatic or semiaquatic vegetation, plants
or brush. Lands designated by the federal government or by DEC as
regulated wetlands shall be flagged prior to granting permits for
subdivision or development of any kind.
That portion of the lot not occupied by buildings.
That portion of a lot situated between the street line and
the front line of the principal building.
That portion of a lot situated between the rear lot line
and the rear line of the principal building.
That portion of a lot situated between the side lot line
and the nearest side line of the principal building and extending
from the rear line of the front yard to the front line of the rear
yard.
