A.
Use of words. Except where specifically defined herein,
all words used in this chapter shall carry their customary meanings.
Words used in the present tense shall include the future. Words used
in the singular number include the plural, and words used in the plural
number include the singular, unless the context clearly indicates
the contrary. The word "shall" is always mandatory. The word "may"
is permissive. "Building" or "structure" includes any part thereof.
The word "lot" includes the word "plot" or "parcel." The word "person"
includes an individual person, a firm, a corporation, a partnership,
and any other agency of voluntary action. The word "he" shall include
"she" or "they." The phrase "used for" includes "arranged for," "designed
for," "intended for," "maintained for," and "occupied for."
B.
ACCESSORY APARTMENT
ACCESS STRIP
ACCESSORY STRUCTURE
ACCESSORY USE
ADULT USE
AGRICULTURAL DATA STATEMENT
AGRICULTURE
ALTERATION
APPLICANT
ASSISTED-LIVING FACILITY
AUTOMOBILE SERVICE STATION
BANK, STREAM
BED-AND-BREAKFAST
BUILDABLE LAND
BUILDING
BUILDING HEIGHT
BUILDING, PRINCIPAL
CAMP SPACE
CAMPGROUND
CAMPING UNIT
CEMETERY
CHANGE OF USE
CHARITABLE ORGANIZATION
CLEAR-CUTTING
CLUB, MEMBERSHIP
BUILDING INSPECTOR
COMMERCIAL HORSE BOARDING OPERATION
COMMON DRIVEWAY
COMPLETE APPLICATION
COMPREHENSIVE PLAN
CONDOMINIUM
CONFORMITY/CONFORMING
CONSERVATION EASEMENT
CONSTRUCTION TRAILER
CONVENTIONAL DEVELOPMENT/CONVENTIONAL SUBDIVISION
CORNER LOT
CRAFT WORKSHOP
DAY CAMP
DEVELOPMENT
DIAMETER AT BREAST HEIGHT
DRIVEWAY
DWELLING
DWELLING, MULTIFAMILY
DWELLING, SINGLE-FAMILY
DWELLING, TWO-FAMILY
DWELLING UNIT
EQUIPMENT SHELTER
EROSION
FAMILY
FARM OPERATION
FENCE
FLOATING DISTRICT
FLOODPLAIN/ONE-HUNDRED-YEAR FLOODPLAIN
FLOOR SPACE
FOOTPRINT
FORESTRY
FRONT
GAZEBO
GLARE
GRADING
HAZARDOUS SUBSTANCE/MATERIAL
(1)
(2)
(3)
HAZARDOUS WASTE
HEALTH-CARE FACILITY
HEAVY INDUSTRY
HOME OCCUPATION
HOTEL
IMPERVIOUS/IMPERVIOUS SURFACE
IMPERVIOUS/IMPERVIOUS SURFACE COVERAGE
INCLUSIONARY HOUSING
INTERIOR ROAD
JUNKYARD
LIGHT INDUSTRY
LODGING FACILITY
LOT/PARCEL
LOT, CORNER
LOT LINES
LOT OF RECORD
LOT, REAR
LOT, THROUGH
LOW-IMPACT RECREATION
MAJOR PROJECT
MEMBERSHIP CLUB
MINOR PROJECT
(1)
(2)
(3)
(4)
(5)
(6)
(7)
MIXED USE
MOBILE HOME
MOBILE HOME PARK
MOTOR VEHICLE GAS STATION
MOTOR VEHICLE REPAIR SHOP
MULTIFAMILY DWELLING
MUNICIPAL USE
NONCONFORMING LOT
NONCONFORMING STRUCTURE
NONCONFORMING USE
OFFICE
OFFICIAL NEWSPAPER
ONE-HUNDRED-YEAR (100-YEAR) FLOODPLAIN
OPEN SPACE
OPEN SPACE DEVELOPMENT
OUTDOOR STORAGE AREA
OVERLAY DISTRICT
OVERNIGHT CAMP
PETROLEUM
PLAT
PLOT PLAN
PREMISES
PRINCIPAL BUILDING
PRIVATE ROAD
PUBLICLY ACCESSIBLE PLACE
PUBLIC UTILITY FACILITY
RADIATION
RADIOACTIVE MATERIAL
REAR LOT
RECREATIONAL BUSINESS, INDOOR
RECREATIONAL BUSINESS, OUTDOOR
RECREATION, LOW-IMPACT
RELIGIOUS INSTITUTION
RESIDENTIAL CAMPING
RESIDENTIAL CARE FACILITY
RESIDENTIAL DISTRICTS
RESIDENTIAL UNIT
RESIDENTIAL USE
RESORT
RESTAURANT
RETAIL BUSINESS
REVIEWING BOARD OR OFFICIAL
RIDING ACADEMY
ROAD FRONTAGE
ROAD/STREET
SCREEN/SCREENING
SERVICE BUSINESS
SERVICE ROAD
SETBACK
SIGN
SIGN AREA
SIGN, COMMERCIAL
SIGN, FREESTANDING
SIGN, ILLUMINATED
SIGN, INTERIOR
SIGN, INTERNALLY ILLUMINATED
SIGN, PROJECTING
SINGLE-FAMILY DWELLING
SOIL MINING
SOLID WASTE
SOLID WASTE MANAGEMENT FACILITY
STREAM BANK
STRUCTURE
SUGARBUSH
THIS CHAPTER
TIMBER HARVESTING
TOWN LAW
TWO-FAMILY DWELLING
USE
USE, ACCESSORY
USE, CHANGE OF
VARIANCE, AREA
VARIANCE, USE
VISIBLE/VISIBILITY
WAREHOUSE
WATERCOURSE
WETLAND
WIND ENERGY CONVERSION SYSTEM
YARD
YARD, FRONT
YARD, REAR
YARD, REQUIRED/SETBACK AREA
YARD, SIDE
ZONING LAW/THIS CHAPTER
ZONING PERMIT
Definitions. Where two words below are separated by
a slash mark (/), they shall have the same meaning.
A dwelling unit occupying the lesser of 1,000 square feet
or 30% of the floor space of an owner-occupied structure containing
a principal use that is single-family residential or nonresidential,
or a dwelling unit no larger than 1,000 square feet located in an
accessory structure on an owner-occupied property.
A strip of land abutting a public or private road, providing access to a rear lot (see § 220-23).
A structure detached from and subordinate to a principal
building on the same lot and used for purposes customarily incidental
to those of the principal building or use, including accessory apartments.
A use customarily incidental and subordinate to the principal
use or building, and located on the same lot with such principal use
or building.
A bookstore, video store, nightclub, movie theater, retail
store, or other establishment which prominently features entertainment
or materials with sexually explicit content. An establishment which
sells such materials as an incidental part of its business or which
presents such material or entertainment primarily as a form of legitimate
artistic expression shall not be considered an adult use.
An identification of farm operations within an agricultural
district located within 500 feet of the boundary of property upon
which a subdivision is proposed, as provided in § 305-a
of the Agriculture and Markets Law. An agricultural data statement
shall include the following information: the name and address of the
applicant; a description of the proposed project and its location;
the name and address of any owner of land within the agricultural
district, which land contains farm operations and is located within
500 feet of the boundary of the property upon which the project is
proposed; and a tax map or other map showing the site of the proposed
project relative to the location of farm operations identified in
the agricultural data statement.
The commercial use of land and structures for the production,
preservation, nonindustrial processing, storage and sale of agricultural
commodities such as crops, plants, flowers, vines, trees, sod, shrubs,
livestock, honey, Christmas trees, compost, poultry or dairy products,
not including agricultural industry or farms primarily for the disposal
of offal or garbage. Commercial horse boarding operations, as defined
herein, and the raising or breeding of horses are agricultural uses,
distinguished from the business use of teaching or training people
to ride a horse. (See "riding academy.") A produce sales facility
not exceeding 800 square feet in footprint area and a riding academy
operated in conjunction with a farm operation (as defined herein)
shall be deemed to be agricultural accessory uses.
As applied to a structure, a change to or rearrangement of
the structural parts or exterior appearance of such structure, or
any expansion thereof, whether by extension of any side or by any
increase in height, or the moving of such structure from one location
to another.
Any person, corporation, or other entity applying for a building
permit, certificate of occupancy, special permit, site plan or subdivision
approval, variance, or zoning amendment.
A residential care facility providing residential units accompanied
by services for housekeeping, personal care, recreation, and food.
Any area of land, including structures thereon, that is used
or designed to be used for the supply of gasoline or oil or other
fuel for the propulsion of motor vehicles, and which may include facilities
used or designed to be used for polishing, greasing, washing, spraying,
dry cleaning, or otherwise cleaning, servicing, or repairing such
motor vehicles, including auto body shops.
See "stream bank."
A dwelling in which overnight accommodations not exceeding
five bedrooms and breakfast are provided for transient guests for
compensation. A bed-and-breakfast must be the primary residence of
the owner/proprietor.
That portion of a lot which is suitable for building structures
and locating septic disposal facilities, i.e. all land excluding wetlands
and watercourses, slopes exceeding 30%, and flood hazard areas as
mapped on the Federal Emergency Management Agency's Flood Insurance
Rate Map.
A structure having a roof supported by columns or walls for
the shelter, support, or enclosure of persons, animals, or property.
The vertical distance measured from the average elevation
of the finished lot grade at the front of the building to the highest
point of the ceiling of the top story in the case of a flat roof;
to the deck line of mansard roof; and to the mean height level between
the eaves and ridge of a gable, hip or gambrel roof.
A building or structure in which is conducted the main or
principal use of the lot on which it is located.[1]
A plot of ground within a campground designed to accommodate
two camping units, with or without connections to water supply, electrical
service, or sewage systems.
[Added 2-11-2020 by L.L. No. 1-2020]
Any parcel of land on which are located two or more camping units of a design or character suitable for seasonal, transient occupancy by adults, children, or any combination of individuals, families, or groups. Campgrounds may include permanent structures, such as service buildings and recreational structures but shall not include sleeping accommodations for transient guests in permanent structures that are intended for year-round use unless permitted by the Town Board in an approved Campground Floating District (“CF District”). The term campground shall not include residential camping, mobile home parks, golf courses, day camps, overnight camps, resorts, hotel or motel or other lodging facilities. For purposes of this definition, the term “seasonal” shall mean a period of seven months or less during a calendar year, unless otherwise permitted by the Town Board in an approved CF District. See § 220-18.2.
[Added 2-11-2020 by L.L. No. 1-2020]
Means one sleeping device or shelter, including but not limited
to any independent or dependent pick-up truck camper, motor home,
recreational vehicle, travel trailer, tent, tent house, yurt, lean-to,
or similar nonpermanent unit with or without a base structure designed
and commonly used for overnight occupancy.
[Added 2-11-2020 by L.L. No. 1-2020]
Land used or intended to be used for the burial of dead human
beings or pets and dedicated for such purpose, including columbariums,
mausoleums, and mortuaries when operated as part of a cemetery and
within its boundaries, but excluding crematoria.
The initiation of a use that is in a different use category, as listed on the Use Table, from the existing use of the site or structure. A change of ownership, tenancy, or occupancy, or a change from one use to another within the same category on the Use Table, shall not be considered a change of use. See § 220-10F.
A not-for-profit corporation or association organized for
charitable purposes, including but not limited to education, social
welfare, environmental conservation, scientific research, cultural
enrichment, and the arts.
A method of cutting, removal or harvesting that removes 75%
or more of the trees of six inches or more in diameter at breast height
(DBH) in any area of more than two acres.
[Amended 11-6-2008 by L.L. No. 6-2008]
Premises used by a not-for-profit organization catering exclusively
to members and their guests for social, recreational, athletic, or
similar purposes.
The Town official charged with the administration and enforcement of this chapter and/or Chapter 92 of the Gardiner Town Code. Also referred to as the "Zoning Administrator."
An agricultural enterprise, consisting of at least seven
acres and boarding at least 10 horses, regardless of ownership, that
receives $10,000 or more in gross receipts annually from fees generated
either through the boarding of horses or through the production for
sale of crops, livestock, and livestock products, or through both
such boarding and such production, not including operations whose
primary on site function is horse racing.
A driveway serving no more than four lots, owned in common
or created by reciprocal easements.
An application for a special permit, site plan, or subdivision
approval, zoning amendment, or variance, found by the reviewing board
to satisfy all information requirements of this chapter and of the
New York State Environmental Quality Review Act, for which either
a negative declaration has been issued or a draft environmental impact
statement has been accepted as satisfactory pursuant to 6 NYCRR § 617.8(b)(1).
The Comprehensive Plan or Master Plan adopted by the Town
Board for the future preservation and development of the Town of Gardiner
pursuant to § 272-a of the Town Law, including any part
of such plan separately adopted and any update or amendment to such
plan.
A system of ownership of dwelling units, either attached
or detached, established pursuant to the Condominium Act of the State
of New York (Article 9-B of the Real Property Law), in which the apartments
or dwelling units are individually owned.
Complying with the use, density, dimensional, and other standards
of this chapter, or permitted to deviate therefrom by special permit,
site plan approval, or variance.
A perpetual restriction on the use of land, created in accordance
with the provisions of § 49, Title 3, of the Environmental
Conservation Law or § 247 of the General Municipal Law,
for the purposes of conservation of open space, agricultural land,
and natural, cultural, historic, and scenic resources.
A mobile home unit used for nonresidential purposes associated
with on-site construction.
A land development in the RA District that does not set aside
land as permanently protected open space and that is required to comply
with frontage and setback requirements of the Dimensional Table.
See "lot, corner."
A place where artists, artisans, craftsmen, and other skilled
tradespeople produce custom-made art or craft products, including
but not limited to baskets, cabinets, ceramics, clothing, flower arrangements,
jewelry, metalwork, musical instruments, paintings, pottery, sculpture,
toys, and weaving. A craft workshop with more than six regular full-time
equivalent employees or other staff is considered to be "light industry."
A camp offering recreation, arts and crafts, care, instruction
or other activities for children during the day only with no provision
for sleeping or overnight occupancy. The definition of “day
camp” shall not include programs that are customarily incidental
and subordinate to a principal use shown on the Use Table.
[Added 2-11-2020 by L.L. No. 1-2020]
Any man-made change to improved or unimproved real estate,
including but not limited to construction or alteration of buildings
or other structures, as well as mining, dredging, filling, paving,
excavations, or drilling operations.
The diameter of a tree 4 1/2 feet above ground level.
[Added 11-6-2008 by L.L.
No. 6-2008]
A private way providing vehicular access from a public or
private road to a residence or to a commercial or noncommercial establishment.
A building designed or used exclusively as living quarters
for one or more families.
A building containing separate living units for three or
more families, including apartment buildings, rowhouses, townhouses,
regardless of the form of ownership (condominium, fee simple, rental).
A detached building designed for the use of one family, in
which not more than three boarders are sheltered and/or fed for compensation.
A mobile home outside of a mobile home park shall be considered to
be a single-family dwelling.
A detached building containing two dwelling units.
A building or portion thereof providing complete housekeeping
facilities for one family. For purposes of density calculations in
this chapter, a studio or one-bedroom dwelling unit shall be counted
as 0.5 dwelling unit, a two-bedroom unit shall be counted as 0.75
dwelling unit, and a three-bedroom or larger dwelling unit shall be
counted as one dwelling unit.
An enclosed structure, cabinet, shed or box at the base of
the mount within which are housed the electronic receiving and relay
equipment for a wireless telecommunications facility. Associated equipment
may include air conditioning and emergency generators. This term does
not include offices, long-term storage of vehicles or other equipment
storage or broadcast studios.
The detachment and movement of soil or rock fragments by
water, wind, ice, or gravity.
One or more persons living together as a single nonprofit
housekeeping unit, whether or not related by blood, marriage, or adoption,
using one or more rooms and housekeeping facilities of a dwelling
unit in common and doing their cooking on the premises, as distinguished
from a group of people occupying a boardinghouse, rooming house, or
lodging facility.
Land used in agricultural production, including farm buildings,
farm equipment, farm residential buildings, and farming practices.
A hedge, structure or partition erected for the purpose of
enclosing a piece of land or to divide a piece of land into distinct
portions or to separate two contiguous properties.
A type of zoning district or zone that replaces the zoning
regulations of the underlying land use district or districts to allow
uses not otherwise permitted in the underlying district. Floating
districts change the use and dimensional requirements of the underlying
land use districts as specified in the floating district provisions.
Land subject to a one-percent or greater chance of flooding in any given years; same as the "area of special flood hazard" defined in Chapter 121 of the Town Code.
The sum of the areas of habitable or commercially usable
space on all floors of a structure, including the interior floor area
of all rooms (including bathrooms and kitchens), closets, pantries,
hallways that are part of a dwelling unit or inside a commercial building,
including habitable finished basements but excluding cellars or unfinished
basements.
Area of the ground covered by a structure, including the
foundation and all areas enclosed by exterior walls and footings and
covered by roofing. In the case of party-wall buildings, each unit
shall be considered a separate structure for purposes of measuring
footprint area.
Use or management, including commercial logging, of a forest,
woodland, or tree plantation, and related research and educational
activities, including the construction, alteration, or maintenance
of roads, skidways, landings, fences, forest drainage systems, barns,
sheds, garages, and research, educational, or administrative buildings
or cabins directly and customarily associated with forestry use.
The side of a building or structure parallel to and closest
to a road or street. On a corner lot, both sides of a building facing
the street shall be considered the front.
An unenclosed structure not exceeding 12 feet in height without
solid walls, screens, electricity, or plumbing.
Spillover of artificial light beyond the area intended for
illumination in a manner which either impairs vision or beams light
onto adjoining properties or toward the sky.
Any excavation, alteration of land contours, grubbing, filling,
or stockpiling of earth materials.
Includes any of the following:
Petroleum.
Any substance or combination of substances designated
as a hazardous substance under § 311 of the Federal Water
Pollution Control Act (33 USC 1321).
Any substance listed by the NYS DEC which, because
of its quantity, concentration, or physical, chemical, or infectious
characteristics, may cause, or significantly contribute to, an increase
in mortality or an increase in serious irreversible or incapacitating
reversible illness; or pose a substantial present or potential hazard
to human health or the environment when improperly stored or otherwise
managed.
All materials or chemicals listed as hazardous wastes pursuant
to Article 27 of the Environmental Conservation Law (ECL), and all
toxic pollutants as defined in Subdivision 19 of § 17-0105
of the ECL.
A hospital, nursing home, medical clinic, or office building
for four or more doctors and other medical personnel.
Manufacture, assembly, treatment, processing, or packaging
of products in a manner that emits or is likely to emit objectionable
levels of smoke, noise, dust, odor, glare, water pollution, or vibration
beyond the property boundaries.
An occupation, trade, profession, or other business activity
resulting in a product or service for compensation, or a nonprofit
organization office, where the activities are conducted wholly or
partly in a dwelling unit or accessory structure by the occupant thereof.
See "lodging facility."
Any roofed or other solid structure or material covering
the ground through which water does not readily penetrate, including,
but not limited to, concrete, oil and stone, tar or asphalt pavement,
or compacted soil or gravel. Regardless of the construction materials,
any area which is used for driveway or parking purposes, including
disturbed grass, ground cover, or dirt, shall be considered impervious.
A deck with spaced boards at least 1/8 inch apart, a swimming pool
surface, and a patio with a permeable paving system shall not be considered
impervious.
The ratio between impervious surface and total land area
of a lot (excluding wetlands, watercourses, and floodplains) expressed
as the percentage of land covered by impervious surfaces.
Single-family, two-family, or multifamily housing that is owned or rented by an eligible household, as defined in § 220-42, and priced to be affordable to moderate-income households whose members live and/or work in the Town of Gardiner and who cannot otherwise afford market-rate housing. See § 220-42.
A road constructed off of an existing public street that
provides access to the interior of a parcel.
Any place of storage or deposit, whether in connection with
another business or not, where a person, corporation or other entity
collects, buys, sells, trades, processes, dismantles, separates, stores
or otherwise handles used metals, machinery, parts, paper, clothing,
glass, or plastic in quantities in excess of ordinary household use;
more than two wrecked, broken down, abandoned or unlicensed vehicles
or the parts thereof, on any premises for a period of two or more
weeks. However, the term "junkyard" shall not be construed to mean
an establishment having facilities for processing iron, steel or nonferrous
scrap and whose principal product is scrap iron, steel or nonferrous
scrap for sale for remelting purposes only; nor shall "junkyard" be
construed to include farm machinery and equipment on a bona fide,
functioning farm.
Manufacture, assembly, treatment, processing, or packaging
of products that does not emit objectionable levels of smoke, noise,
dust, odor, glare, or vibration beyond the property boundaries, including
dry-cleaning plants.
Any hotel, motel, inn, hostel, boarding home, or other establishment,
with or without a dining room or restaurant, that provides sleeping
accommodations for transient guests in one or more permanent structures.
Bed-and-breakfast establishments, overnight camps and campgrounds
are excluded from this definition.
[Amended 2-11-2020 by L.L. No. 1-2020]
An area of land with definite boundaries, all parts of which
are owned by the same person(s) or entities, the boundaries of which
were established either by the filing of an approved subdivision plat
or by the recording of a deed prior to the adoption of Subdivision
Regulations of the Town of Gardiner on June 17, 1968.[2]
A lot at the junction of and abutting on two or more intersecting
roads.
The property lines that bound a lot as defined herein.
Any lot which has been established as such by plat, survey
record, or deed prior to the date of this chapter as shown on the
records in the Office of the County Clerk.
A lot on which the buildable area is located generally to
the rear of other lots having frontage on the same road as such lot,
and having access to the road via a strip of land that does not have
the minimum road frontage ordinarily required in the land use district.
A lot which faces on two streets at opposite ends of the
lot, which is not a corner lot.
Any recreational activities that do not involve buildings
or motorized vehicles, and that will not result in the physical alteration
of the land and/or any natural resources. Recreational activities
that are customarily incidental and subordinate to a principal use
shown on the Use Table are excluded from this definition.
[Amended 2-11-2020 by L.L. No. 1-2020]
A proposed use that requires a special permit or site plan approval and that exceeds any of the thresholds for a minor project. See § 220-61.
See "club, membership."
A use or combination of uses on a lot or a series of adjoining
lots that requires either site plan review or a special permit and
that, over a three-year period, does not exceed any of the following
thresholds:
Construction of four multifamily dwelling units
or a lodging facility with six bedrooms.
Construction of facilities or structures for
a nonresidential use covering 3,000 square feet of building footprint.
Alteration of existing structures or expansion
of such structures by 1,000 square feet.
Conversion of existing structures totaling 5,000
square feet to another use.
Alteration and active use of 10,000 square feet
of land, with or without structures (excluding soil mining).
Soil mining that does not require a DEC permit.
Construction of a structure that is 80 feet
or higher above average grade level.
Any combination of residential, commercial, or industrial
uses on the same lot or in the same building.
A transportable living unit used or designed to be used year
round as a permanent residence and containing the same types of water
supply, waste disposal, and electrical systems as immobile housing.
Recreational vehicles designed to be driven or towed by an automobile
or pickup truck, units designed for use principally as a temporary
residence, or prefabricated, modular, or sectionalized houses transported
to and completed on a site are not considered to be mobile homes.
Any court, park, place, lot, or parcel under single ownership
which is improved for the placement of two or more mobile homes to
be used as permanent residences.
An establishment that dispenses gasoline on the premises
and also sells oil and other supplies for use in the operation and
maintenance of motor vehicles.
An establishment in which vehicles are serviced and repaired,
including but not limited to auto body shop, repair garage, automobile
inspection station, oil and lubrication shop, and antique car restoration
business, excluding junkyards.
See "dwelling, multi-family."
A use conducted by the Town of Gardiner or any agency thereof
or school district within the Town of Gardiner, not including uses
owned or operated by other municipalities. Uses owned or operated
by other municipalities are regulated according to the use category
into which they fit as shown on the Use Table.
A lot of record which does not comply with the area, shape,
frontage, or locational provisions of this chapter for the district
in which it is located.
A structure which does not satisfy the dimensional requirements
of this chapter for the district in which it is located, but which
was not in violation of applicable requirements when constructed.
Any use lawfully existing prior to and at the time of the adoption or amendment of this chapter or any preceding zoning law or ordinance, which use is not permitted by or does not conform with the permitted use provisions of this chapter for the district in which it is located. A preexisting lawful use which is allowed only by special permit under this chapter shall be considered a conforming use. (See Article VI.)
A business, professional, or nonprofit workplace in which
manufacturing processes, retail sales, construction, and warehousing
do not occur on the premises, including but not limited to professional
offices for attorneys, accountants, health-care practitioners, architects,
engineers, surveyors, consultants, sales representatives, real estate
brokers, and financial planners . "Office" also includes business
offices that support or manage manufacturing, retailing, construction,
and warehousing, as well as research laboratories and other facilities
in which research activities are conducted.
The newspaper or newspapers designated by the Town for the
publication of official notices of meetings and public hearings.
See "floodplain."
An area of land not developed with structures. ("Permanent open space" is defined and discussed in § 220-21.)
A type of development in which residential units are clustered or sited on those portions of a property most suitable for development, while leaving substantial portions as permanently protected undeveloped open space. See § 220-20.
Land used for the keeping of goods, wares, equipment, or
supplies outside of a structure.
A type of zoning district or zone that supplements the zoning
regulations of the underlying land use district or districts to provide
additional protection of important environmental resources.. Overlay
districts may overlap different land use districts, but they do not
change the use and dimensional requirements of the underlying land
use districts unless specifically so stated in this chapter.
A camp offering recreation, arts and crafts, care, instruction
or other activities for children where provisions are made for the
overnight occupancy of such children in camping units or other permanent
structures.
[Added 2-11-2020 by L.L. No. 1-2020]
Oil or petroleum of any kind and in any form, including,
but not limited to, oil, petroleum, fuel oil, oil sludge, oil refuse,
oil mixed with other wastes and crude oils, gasoline and kerosene.
A map or plan submitted to the Planning Board as part of
an application for subdivision approval (see the Subdivision Law[3]).
A map or plan showing the boundaries of a parcel and all
structures and important physical features on it, drawn to scale with
accurate dimensions, and submitted with an application for a minor
project special permit or a variance.
A lot, together with all the structures and uses thereon.
See "building, principal."
A privately owned road held in common ownership or easement
by a homeowners' association.
Any land or structure that is open to the general public,
such as a public road, park, public school, recreation area, conservation
area, or place of public accommodation such as a restaurant or hotel,
excluding private retail and service businesses, offices, and other
private property which is open to the public.
An installation used by a public agency or franchised public
utility to supply or transmit electric, gas, water, cable television,
telephone, or other utility service, excluding electric power plants
and gas wells. Included are such facilities as electric substations,
high-voltage transmission lines, pump stations, water supply wells,
water towers, and telephone substations. Utility distribution facilities
serving customers directly are considered customary accessory uses,
not public utility facilities.
Ionizing radiation; that is, any alpha particle, beta particle,
gamma ray, x-ray, neutron, high-speed proton, and any other atomic
particle producing ionization, but shall not mean any sound or radio
wave, or visible, infrared, or ultraviolet light.
Any material in any form that emits radiation spontaneously,
excluding those radioactive materials or devices containing radioactive
materials whose receipt, possession, use and transfer are exempt from
licensing and regulatory control pursuant to regulations of the New
York State Department of Labor or United States Nuclear Regulatory
Commission.
See "lot, rear."
A business and/or club which, for compensation and/or dues,
offers indoor recreational services, including but not limited to
a movie theater, billiard hall, live theater, children's play facility
other than a day-care center, and other places of public or private
indoor entertainment.
A business and/or club which, for compensation and/or dues,
offers outdoor recreational services, including but not limited to
public stables, golf courses and driving ranges, miniature golf, hunting
and fishing, and other places of public or private outdoor entertainment.[4]
See "low-impact recreation."
A church, synagogue, mosque, temple or other place of religious
worship, as well as a monastery or other place of religious retreat.
The location and use of a camping unit as an accessory use to a principal residential use or structure that is incidental to and subordinate to the principal use or structure. residential camping shall be permitted as an accessory use on a residential lot subject to the supplemental requirements for residential camping in Article VII.
[Added 2-11-2020 by L.L. No. 1-2020]
Any building used as a group residence or extended-care facility
for the care of persons, including assisted-living facilities and
nursing homes, where compensation and/or reimbursement of costs is
paid to an operator, pursuant to state or federal standards, licensing
requirements, or programs funding residential care services.
The Suburban Residential, Hamlet Residential, Rural, and
Resource Conservation Districts.
See "dwelling unit."
A use of land and structures in which people live and sleep
overnight on a regular basis.
A development that includes recreational, transient lodging, and residential uses, combined to create a vacation environment, which may or may not also include day use, a health spa, conference facilities, a dining room or restaurant, equestrian facilities, hiking trails, a golf course, ski facilities, and other related commercial and recreational uses. See § 220-18.
[Amended 2-11-2020 by L.L. No. 1-2020]
An establishment where prepared food is sold for consumption
on the premises or as take-out, including a bar or pub or other establishment
that sells food and alcoholic beverages for on-premises consumption.
An establishment selling goods to the general public for
personal and household consumption, including but not limited to an
appliance store, bakery, delicatessen, drug store, florist, grocer,
hardware store, liquor store, newsstand, shoe store, stationery store,
convenience store, and variety store.
The board that grants a special permit, site plan, variance,
subdivision approval, or zoning amendment, or the Building Inspector
reviewing a building permit or zoning permit application.
Any establishment where more than four horses are kept for
riding, driving, horseback riding lessons, or stabling for compensation,
or incidental to the operation of any club, association, resort, riding
school, ranch, or similar establishment. A riding academy operated
in conjunction with a farm operation shall be deemed to be an agricultural
accessory use.
The distance along a street line measured at the front of
a lot.
A public or private way for pedestrian and vehicular traffic,
including an avenue, lane, highway, or other way, excluding a driveway
or common driveway.
The location of structures in such a manner that they are
not visible (as defined herein) from a public road or any other public
place during the summer months, and no more than partially visible
in winter. Objects or structures may be screened by topography, vegetation,
or other structures not required to be screened.
A business or nonprofit organization that provides services
to the public, either on or off the premises, including but not limited
to building, electrical, plumbing, and landscape contracting, arts
instruction or studio, business and educational services, day care
for children or adults (subject to limitations on local regulation
of child day care under New York State law), catering, dry cleaning
(drop-off and pick-up only), health club, house cleaning services,
locksmith, photocopying, repair and restoration services, tailoring,
typing, and word processing. "Service business" does not include retail
business, restaurants, warehouses, offices, light industry, or other
uses separately listed in the Use Table. A convenience store that
sells gasoline and auto supplies but does not repair or service vehicles
shall be considered both a retail business and a motor vehicle gas
station.
A local road running generally parallel to a through road,
providing vehicular access points for individual lots, constructed
to reduce the number of access points on the through road.
The distance in feet between a structure and a property line,
the center line of a road, or an identified natural feature such as
a watercourse.
Any billboard, signboard, inscription, pennant, or other
material, structure, exterior painting, or device composed of lettered
or pictorial material that is intended for outdoor viewing by the
general public (including inside a window), and used as an advertisement,
announcement, direction, or for identification.
The total area on each side of a sign within which all written
and graphic material is contained.
A sign advertising a product, use, service, or activity sold
or conducted for private financial gain.
A sign and sign-support structure not attached to or part
of a building.
A sign lighted by electricity, gas, or other artificial light,
including reflective or phosphorescent light, paint, or tape.
A sign located within the exterior walls of a building which
is readily readable from outside the building through a window, door,
or other opening.
An illuminated sign that is made of translucent material
with internal artificial lighting.
Any sign which extends from the exterior of any building
more than nine inches.
See "dwelling, single-family."
Use of land for the purpose of extracting and selling stone,
sand, gravel, or other minerals, as defined in § 23-2705
of the Environmental Conservation Law, not including the process of
preparing land for construction of a structure for which a zoning
permit has been issued.
All putrescent and nonputrescent materials or substances
discarded or rejected as being spent, useless, worthless or in excess
to the owners at the time of such discard or rejection, including
but not limited to garbage, refuse, industrial and commercial waste,
sludge from air or water control facilities, rubbish, ashes, contained
gaseous material, incinerator residue, demolition and construction
debris, discarded automobiles and offal, but not including sewage
and other highly diluted water-carried materials or substances and
those in gaseous form, and being those wastes defined as solid waste
in 6 NYCRR Part 360-1.2. Any solid waste which receives a beneficial
use determination (BUD) from the NYS DEC is still considered a solid
waste for the purposes of these regulations.
Any facility employed to manage or process solid waste beyond
the initial waste collection process, including, but not limited to,
transfer stations, bailing facilities, rail haul or barge haul facilities,
processing systems, including resource recovery facilities or other
facilities for reducing solid waste volume, sanitary landfills, facilities
for the disposal of construction and demolition debris, plants and
facilities for compacting, composting or pyrolysis of solid wastes,
incinerators and other solid waste disposal, reduction or conversion
facilities, as defined in 6 NYCRR Part 360-1.2.
The land immediately adjacent to, and which naturally slopes
toward, the bed of a watercourse, which is necessary to confine the
watercourse in its natural channel. A stream bank is not considered
to extend more than 50 feet horizontally from the mean high water
line, except that where a generally uniform slope of 25% or greater
adjoins the stream bed, the bank is considered to extend to the crest
of the slope or to the first definable break in slope, which may be
a natural feature or a constructed feature (such as a road), lying
generally parallel to the watercourse.
A static construction of building materials affixed to the
ground, such as a building, dam, display stand, gasoline pump, installed
mobile home or trailer, reviewing stand, shed, sign, stadium, storage
bin, or wall.
A stand of trees consisting primarily of sugar maple (acer
saccharum) tapped annually for the commercial production of maple
syrup, maple sugar, maple candy or other maple products.
[Added 11-6-2008 by L.L.
No. 6-2008]
See "Zoning Law."
The cutting, removal, or harvesting of timber or trees for
the purpose of selling or milling such timber or trees, excluding
the cutting of trees for the personal use of the landowner.
[Added 11-6-2008 by L.L.
No. 6-2008]
The Town Law of the State of New York, Chapter 62 of the
Consolidated Laws.
See "dwelling, two-family."
The purpose for which any premises may be arranged, designed,
intended, maintained, or occupied, or any occupation, activity, or
operation conducted or intended to be conducted on a premises.
A use which is customarily incidental to and subordinate
to the principal use of a lot or structure, located on the same lot
as the principal use or structure.
See "change of use."
The authorization by the Zoning Board of Appeals for the
use of land in a manner which is not allowed by the dimensional or
physical requirements of the applicable zoning regulations.
The authorization by the Zoning Board of Appeals for the
use of land for a purpose which is otherwise not allowed or is prohibited
by the applicable zoning regulations. An increase in density or intensity
of use shall be deemed to require a use variance if such increase
is not allowed by right or by special permit.
Able to be seen by a person of average height and with normal
vision on a clear day.
A structure or structures in which materials, goods, or equipment
are stored, including mini-storage facilities.
Any stream, pond, lake, drainage channel, or other area of
land that is normally or seasonally filled with water. Road ditches
and shallow land depressions generally referred to as grassed waterways,
swales, etc. that carry water only immediately (a few to several hours)
after a runoff producing event are not considered a watercourse.
An area of land that is characterized by hydrophytic vegetation, saturated soils, or periodic inundation which is classified as a wetland by either the New York State Department of Environmental Conservation or the U.S. Army Corps of Engineers. See § 220-35.
A mechanized system which converts wind energy into electrical
or mechanical power.
An open space on the same lot with a structure.
An open space extending across the full width of the lot
between the front of the principal building and the street line.
An open space extending across the full width of the lot
between the rear lot line and the wall of the principal building nearest
the rear lot line.
That portion of any yard required to satisfy minimum setbacks.
No part of such yard can be included as part of a yard required for
structures on another lot.
An open space between a principal building and side line
of the lot and extending from the front yard to the rear yard.
The officially adopted Zoning Law of the Town of Gardiner,
together with any and all amendments thereto.
A permit issued by the Building Inspector, which is required for uses allowed by right that do not involve construction that requires a building permit. See § 220-54.
