Words used in the present tense include the
future; the singular number includes the plural and the plural number
includes the singular; the word "lot" includes the word "plot"; the
word "structure" includes the word "building." The term "occupied"
or "used" as applied to any given building or land shall be constructed
to include "arranged," "designed," "constructed," "altered," "converted,"
"rented," "leased" or "intended to be used or occupied." The word
"shall" is mandatory and not optional.
Unless otherwise expressly stated, the following
terms shall, for the purposes of this chapter, have the meaning herein
indicated:
A facility that serves the principal use and is subordinate
in area, extent and purpose to the principal use. An example of such
a facility includes transmission equipment.
A retail use which is incidental to, and is customarily found
in connection with, such principal use and in the same ownership as
such principal use and is operated and maintained on the same zoning
lot substantially for the benefit or convenience of the employees,
customers, or visitors of the principal use.
A structure containing less than 750 square feet, the use
of which is customarily incidental and subordinate to that of the
principal building and which is located on the same lot or premises.
Accessory structures are not for the purpose of human habitation and
include tennis courts, garages, swimming pools, garden or tool sheds,
barns, greenhouses and playhouses and such elements as windmills and
solar collectors. The class of structure commonly referred to as a
"mobile home" shall not be utilized as an accessory structure.
A use subordinate or supplemental to the main use on the
same lot.
Extension or increase in area or height of a building.
Premises upon which, for a consideration, one or more of
the machines for viewing by five or fewer persons each are used to
show film, motion pictures, videocassettes, slides or other photographic,
electronic or computer generated reproductions that are characterized
by an emphasis on the depiction or description of anatomical areas
or sexual activity.
Premises upon which a substantial portion (25% or more) of
the merchandise offered for sale or rental consists of books, magazines,
periodicals, printed matter, photographs, films, motion pictures,
videocassettes, slides or other visual representations or reproductions
that are characterized by an emphasis on the depiction or description
of anatomical areas or sexual activity.
Premises upon which, for a consideration, films, motion pictures,
video cassettes, slides or similar photographic reproductions are
shown and in which a substantial portion (25% or more) of the total
presentation time is devoted to the showing of material characterized
by an emphasis on the depiction or description of anatomical areas
or sexual activity.
Premises upon which, for a consideration, the exposure of
anatomical areas or sexual activity is featured.
Customary farm buildings incidental to a farm operation,
including farm worker housing, barns, silos, storage sheds, corn cribs,
grain bins, milk houses, animal pens and similar structures.
A legally recognized geographic area formed by one or more
landowners and approved by one or more government agencies, designed
to keep land in agriculture.
The use of land or building or structure for facilitating
the landing and handling of aircraft and their passengers and freight
and without limiting the generality of the foregoing; accessory uses
may include ticket offices, restaurants, bars, confections, luggage-checking
facilities and parcel shipping facilities.
Land used for the purpose of landing, storing, taxiing or
taking-off of private aircraft.
Includes alcohol, spirits, liquor, wine, beer, hard cider
and every liquid or solid containing alcohol, spirits, wine or beer
and capable of being consumed by a human being.
Any change, rearrangement or addition to a building, other
than repairs; any modification in construction or in building equipment
or the moving of a building or structure from one location to another.
Any change of use or rearrangement or addition to a building,
other than repairs, or the moving of a building or structure from
one location to another within the Town Center District.
Less than completely and opaquely covered human genitals,
pubic regions, buttocks and female breasts below a point immediately
above the top of the areola.
A system of electrical conductors that transmit or receive
radio frequency waves. Such waves shall include cellular, paging and
personal communication services (PCS). The frequency of these waves
generally range from 10 hertz to 300,000 megahertz.
The person applying for a license, permit or other Town action
under this chapter.
The paperwork or forms completed to apply for a license,
permit or other Town action under this chapter.
The combination of standards which establish the minimum
size of a lot and the maximum size of a building and its location
on such lot.
Any area of land, including structures thereon, where motor
vehicles are stored or displayed for the purpose of sale or rental
only.
An architectural projection or shelter projecting from and
supported by the exterior wall of a building and composed of a covering
of rigid or nonrigid materials and/or fabric on a supporting framework
that may be permanent or retractable.
A business enterprise primarily engaged in the retail sale
of alcoholic beverages for consumption on premises.
That space of building which is partly below grade and which
has more than half of its height, measured from floor to ceiling,
below the average established finished grade of the ground adjoining
the building.
A dwelling having a resident on premises host in a private
single-family or two-family home in which at least three and not more
than 10 rooms are provided for overnight accommodation, the rates
for which include breakfast and lodging only, and in which no public
restaurant is maintained and no other commercial services are offered.
A dwelling having a resident on premises host in a private
single-family or two-family home in which at least one and not more
than two rooms are provided for overnight accommodation, the rates
for which include breakfast and lodging only, and in which no public
restaurant is maintained. The bed-and-breakfast home shall not have
more than five occupants as lodgers.
A defined activity or a combination of defined activities
that are determined to be effective, practical means (technological,
economical and institutional) of preventing or reducing the amount
of water pollution generated by nonpoint sources to a level compatible
with water quality goals. Examples of BMPs include but are not limited
to road building, soil management, channel/stream crossings, vegetation
control, sediment/erosion control and buffer zones.
A strip of land established and suitably developed with fencing,
berms or natural vegetation.
The space remaining on a lot after meeting its natural constraints,
including steep slopes (in excess of 15%), wetlands, floodplains,
the requirements of the stream corridor overlay and the minimum open
space requirements (coverage, yards and setbacks) have been met.
A structure wholly or partially enclosed within exterior
walls or within exterior and party walls and a roof, affording shelter
to persons, animals, property or business activity. See "structure."
See "accessory structure."
A building containing a Town licensed sex-related business
and also any part of a building in which such premises is contained
and any part of any other building connected with such building by
direct access or by a common entrance.
The amount of land covered or permitted to be covered by
a building and its accessory buildings and measured in terms of a
percentage of total lot area. Such coverage shall be measured on a
horizontal plane at finished grade level and excludes uncovered porches,
terraces and steps.
That portion of an exterior elevation of a building extending
vertically from grade to the top of the parapet wall or eaves and
horizontally across the entire width of the building elevation.
A group of two or more principal buildings and any buildings
accessory thereto occupying a lot in one ownership and having any
yard in common.
A retail operation selling hardware, lumber and other products
used for construction and home improvement.
Official authorization issued by the Zoning Enforcement Officer
or Code Enforcement Official to begin construction in accordance with
approved plans and in strict compliance with all applicable requirements
of this chapter, the New York State Uniform Fire Prevention and Building
Code and related laws, rules and regulations.
A building in which is conducted the main or principal use
of the lot on which said building is located.
Two or more businesses and/or offices conducted on the same
lot.
The construction of facilities to house or support a telecommunications
tower so that the towers blend readily with the landscape, neighborhood
and adjacent architectural features. Examples of camouflaging are
silo and barn, windmill and simulated tree.
A parcel of land on which are located two or more cabins,
tents, shelters or other accommodations of a design or character suitable
for seasonal or other more or less temporary living purposes, including
summer colony, resort and day camp, but not including a trailer park,
hotel or motel.
The use of land or buildings for the purpose of dispensing or selling cannabis or marijuana for adult recreational use or medical use. A dispensary may include a drive through as defined in this section and separately regulated in § 180-42.
[Added 11-15-2023 by L.L. No. 3-2023]
An entity licensed to sell or otherwise transfer cannabis
and cannabis products to consumers. Must fully adhere to NYS Marihuana
Regulation and Taxation Act. No consumption allowed on site.
[Added 1-25-2023 by L.L. No. 1-2023]
A multisided structure or architectural projection freestanding
or supported by attachment to the building on one or more sides, and
also supported by columns at additional points. The surface(s) may
be illuminated by means of internal or external sources.
The land that is set apart or used as a place for the interment
of the dead or in which human bodies have been buried, and may include
facilities for storing ashes of human remains that have been cremated
or the interment of the dead in sealed crypts or compartments, but
may not include a structure for the purpose of the cremation of human
remains. A cemetery may be a cemetery corporation operated by a private,
not-for-profit or religious institution operating in compliance with
applicable state laws.
Any cemetery or burial ground as defined under § 291
of the Town Law of the State of New York.
Official certification issued by the Zoning Enforcement Officer
or Code Enforcement Official that a premises conforms to the applicable
provisions of this chapter, the New York State Uniform Fire Prevention
and Building Code and other applicable regulations and may be legally
used or occupied.
A use shall be determined by the Zoning Enforcement Officer
or Code Enforcement Official to have ceased when it has been discontinued,
whether with the intent to abandon such use or not.
A method of harvesting where virtually all trees on a site
are removed.
That representative or those representatives of the Planning
Board, either member(s), employee(s) or consultant(s), who shall be
designated to perform the duties of the Clerk of the Planning Board
for purposes of this chapter.
Premises of an organization of persons who meet periodically
to promote some nonprofit social, educational, athletic, service or
recreational objective and who cater exclusively to members and their
guests, with no vending, merchandising or commercial activities conducted
except as required generally for the membership and purposes of the
club.
That Town employee appointed by the Town Board and charged
with the responsibility of administering and enforcing the New York
State Uniform Fire Prevention and Building Code and related regulations
pertaining to the development of structures within the Town of Milton,
which employee shall be certified as a Building Official by the New
York State Building Codes Council.
Using existing towers, buildings or other structures for
placement of antennas without the construction of a new communication
tower.
The cutting and removal, also known as "harvesting" or "logging,"
of trees from a tract of land or tracts of land totaling three acres
or more in any one year, excluding, however, 20 standard cords of
wood which may be cut annually by the owner for his own use.
Those areas intended for the beneficial use or enjoyment
by all residents of a development, including driveways, roadways,
parking areas, walkways, landscaped areas, open space and recreation
areas.
A resident facility for the mentally challenged operated
pursuant to the New York State Mental Hygiene Law and regulations
promulgated thereunder.
[Amended 10-1-2014 by L.L. No. 2-2014]
A public water system with at least five service connections
used by year-round residents or that regularly serves at least 25
year-round residents.
NONCOMMUNITY WATER SYSTEMA public water system that provides water to people in places other than their residences.
NONTRANSIENT, NONCOMMUNITY WATER SYSTEMA public water system that does not serve a resident population but serves at least 25 of the same persons, four hours or more per day, for four or more days per week, for 26 or more weeks.
PUBLIC WATER SYSTEMA community, noncommunity, nontransient noncommunity water system that provides piped water to the public for human consumption. The system must have at least five service connections or regularly serve an average of at least 25 persons daily at least 60 days out of the year.
A document setting forth policies for the future growth and
development of a Town. Such document may be officially adopted by
the Town Board and shall satisfy the requirements of §§ 263
and 272-a of the New York State Town Law.
A building or group of buildings in which units are owned
individually and the structure, common areas and facilities are owned
by the owners on a proportional undivided basis. All condominium management
and maintenance agreements must be filed with the Town Clerk.
Any space, whether inside or outside a building, used for
the storage or keeping of construction equipment, machinery or vehicles
or parts thereof which are in active use by a construction contractor.
A deed recorded in the Saratoga County Clerk's office which contains a voluntary agreement that limits land to specific uses. Easements may apply to entire parcels of land or to specific parts of a property. Private land protected by a conservation easement remains on the tax rolls. All conservation easements must be filed with the Town Clerk. Reference to open space incentive option § 180-30.
Small commercial establishments providing frequently needed
retail goods, including but not limited to grocery stores (under 5,000
square feet in floor area) and gasoline service without any of the
auto related services available at a gasoline or service station.
A change in use or occupancy of a building, generally by
alteration or by other reorganization.
The building and land used for the purposes of educational
entertainment, including museums, libraries, art galleries, theaters
for the performing arts, institutional philanthropic use and public
meetings.
A facility which is not a dwelling unit in which care is
provided on a regular basis to three or more children or adults for
more than three hours per day per person.
A dwelling unit which is a residence and occupied as a family
residence which provides day care for seven to 12 children or adults.
A dwelling unit which is a residence and occupied as a family
residence which provides day care on a regular basis for more than
three hours a day for three to six children or adults.
The ratio of land area per family or dwelling unit(s) on
a lot.
Any activity other than normal agricultural, conservation
or forest management activity which materially affects the existing
condition of land or improvements, including but not limited to:
Removal of trees or other natural cover.
Substantial excavation or deposit of earth or
other fill, including alteration of the banks of any stream or body
of water.
Construction, reconstruction, alteration or
demolition of any improvement.
Dumping or parking of any object or material,
whether mobile, liquid or solid.
Commencement of any use of the land and improvements
thereto and any change in the type or intensity of such use.
Commencement or change in type or intensity of any noise, light, smoke or other emission in contravention of the general performance standards stated in § 180-24 of this chapter.
A nonresidential use or an accessory use to a nonresidential
use which has a need for a vehicular queue or parking spaces to accommodate
persons to whom it serves or transfers products or materials outside
its building, if any, or to accommodate persons consuming its service,
products or materials in a vehicle on the premises.
A private access route directly serving a parking area or
serving parking spaces not directly serving more than two dwelling
units and not providing a route for through traffic.
A dwelling unit contained in either a separate building or
structure or within a new or existing building containing a principal
use other than residential and is incidental, subordinate and exclusively
devoted to and located on the same lot as the principal use, building
or structure.
A dwelling contained either in a separate building or within
or attached to a new or existing detached one-family residential dwelling
and exclusively devoted to housing one or more family members.
A residential, detached, semidetached or attached building,
or portion thereof, held in single ownership designed for or occupied
by three or more dwelling units, such as an apartment building. A
dormitory, motel, hotel, lodge, inn, nursing home, fraternity, sorority
or other similar building shall not be deemed to constitute a dwelling
unit.
A detached building containing one dwelling unit only.
[1]A one-family dwelling unit with party walls separating it from adjacent units on both sides or on one side if an end unit, with each having separate entrances from the outside, such as a townhouse or condominium. All are classified as multifamily dwellings in terms of the District Schedule of Area and Bulk Regulations, § 180-86.
A detached or semidetached building containing two dwelling
units only. The two units may have separate entrances, such as a duplex,
or a single entrance, such as a two-story house with separate dwelling
units on both floors.
A building or entirely self-contained portion thereof containing
complete housekeeping facilities for only one family, including any
domestic servants employed on the premises, and having no enclosed
space (other than vestibules, entrances or other hallways or porches)
or cooking or sanitary facilities in common with any other dwelling
unit.
An acquired right on the property of another for a specified
purpose on a designated part of that property.
For the purpose of determining off-street parking requirements,
employees or number of employees shall be computed on the basis of
the greatest number of persons to be employed or capable of employment
during any one work period day or night.
The Environmental Conservation Law of the State of New York,
Chapter 43-B of the Consolidated Laws.
Diversions that include water bars and broad based dips constructed
across roads and/or landings for erosion and sediment control. They
catch and divert runoff into adjacent vegetated areas.
Removal or recovery by any means whatsoever of soil, rock,
minerals, mineral substances or organic substances other than vegetation
from water or land thereof, or beneath the land surface, whether exposed
or submerged.
A householder or one or more persons related by blood, marriage
or adoption living together in a family-like arrangement as a single
not-for-profit housekeeping unit sharing one common dwelling unit;
or a group of persons headed by a person or persons responsible for
providing care for a reasonable number of individuals, sharing one
single dwelling unit, in a family-like arrangement, which is the functional
and factual equivalent of a family of related persons.[2]
The land and on-farm buildings, equipment and practices which
contribute to the raising, production, preparation and marketing of
crops, livestock and livestock products for gain. The farm operation
includes necessary farm structures within the prescribed limits of
the farm parcel and the storage of equipment as part of the farm operation.
A farm operation does not include the operation of a commercial stable,
or kennel.
A type of eating establishment where food and beverages are
ordered and purchased over counters and/or at a drive-through in a
ready to consume state for consumption within the building, elsewhere
on the premises and/or for carry or drive out whose design and method
of operation includes one or both of the following characteristics:
paper, plastic or other disposable containers; there are two or more
cashier stations available to patrons. A restaurant, as defined in
this chapter shall not be construed to be a fast-food eating establishment.
A retail shop or store (such as a grocery store, a retail bakery,
a retail ice cream or frozen dessert store, a retail store whose principal
purpose is not food sales and any similar retail shop or store) shall
not be construed to be a fast-food eating establishment.
An unroofed enclosing structure erected for the purpose of
preventing passage or view.
A business comprising a number of separate stands or spaces,
either in one building or in separate buildings on the same premises,
that are rented or leased to individual dealers for the purpose of
buying, selling or exchanging, generally, goods of all sorts.
The most current official map for the Town prepared by the
Flood Insurance Administration and on which is designated the boundaries
of the one-hundred-year floodplain, the five-hundred-year floodplain
and the regulatory floodway.
All land adjoining a watercourse which is likely to flooded
once every 100 years as shown on the most current and official map
for the Town prepared by the Flood Insurance Administration.
The sum of the horizontal area of the floor or floors of
a building as measured from the exterior faces of exterior walls or
from the center line of walls separating two buildings, but not to
include attached or built-in garages, porches or terraces and basements
or unfinished floor area having a clear headroom of less than seven
feet.
The raising, harvesting and sale of forest products including
but not limited to Christmas trees, logs, lumber, posts and firewood,
including the land used for the processing woodland products.
Freestanding lattice tower onto which a telecommunications
device is affixed.
That side of a lot coincident with the street line. A corner
lot shall be considered to have two such frontages.
A building designed for the purpose of furnishing funeral
supplies and services to the public and includes facilities intended
for the preparation of the dead human body for interment or cremation.
An enclosed space, whether an accessory building or part
of a principal building, for the storage of one or more vehicles,
provided that no business, occupation or service, other than a home
occupation authorized by special use permit, is conducted for profit
therein nor space therein for more than one car is leased to a nonresident
of the premises.
Any garage other than a private garage available to the public,
operated for gain and which is used for storage, repair, rental, greasing,
washing, servicing, adjusting or equipping of automobiles or other
motor vehicles.
Any area of land, including structures thereon, that is used
or designed to be used for the sale of gasoline, oil or other motor
vehicle fuel, or that is used or designed to be used for lubricating,
washing, cleaning or otherwise servicing motor vehicles, but not including
the painting or major repair thereof or the use of mechanical car
washing equipment. The term "gasoline or service station" may also
include a convenience store, provided that the store is an integral
part of the gasoline or service station.
The General Municipal Law of the State of New York, Chapter
24 of the Consolidated Laws.
Any building or part of a building in which one or more persons
are employed in or conduct the management or direction of an agency,
business, organization, profession or public administration, but excludes
such uses as retail sale, manufacture, assembly or storage of goods
or places of assembly and amusement.
A public or private area operated for the purpose of playing
or practicing golf and may include an accessory office, retail pro
shop, restaurant, banquets facilities, lounge, golf driving range,
caretaker's dwelling unit and golf academy.
The elevation at which the finished surface of the surrounding
lot, either naturally occurring or upon completion of any change in
contour, intersects the walls and supports of a structure.
Tower supported by wire anchors onto which a telecommunications
device is affixed.
Constructed road of dirt and/or gravel utilized for moving
cut trees from a landing where they are loaded on a truck to an exit
from the site.
The vertical distance measured from the average elevation
of the finished grade along the side of the building having the lowest
finished grade to the highest point on the coping of a flat roof,
to the deckline of mansard roofs or to the average height between
eaves and ridge for gable, hip and gambrel roofs, but not including
chimneys, spires, towers, elevator penthouses, tanks and similar projections
except where such features occupy an aggregate area of more than 120
square feet or 10% of the roof area, whichever shall be less, not
to exceed 25% of the permitted height.
An occupation or profession carried on wholly within a dwelling unit principally by a member of the family residing in the dwelling unit and which is clearly incidental to the use of the dwelling unit for residential purposes, which activity shall occupy no more than 500 square feet of gross floor area or 25% of the gross floor area of the dwelling, whichever shall be the more restrictive, and does not change the character thereof and which use shall be fully consistent with the performance standards as stated in home occupations § 180-31 of this chapter.
An occupation or profession carried on in an accessory structure or elsewhere on the property by a member of the family residing in the principal dwelling unit and which is clearly incidental to the use of the dwelling unit for residential purposes and does not change the character thereof, and which use shall be fully consistent with the performance standards as stated in home occupations § 180-31 of this chapter.
An organization of residential property owners, duly constituted,
residing within a particular development whose major purpose is to
own, preserve, maintain and provide community areas, facilities and
services for the common enjoyment of the residents. All homeowners'
association administration and management agreements must be filed
with the Clerk of the Town of Milton.
The term "hospital" shall be deemed to include clinic, sanitarium,
rest home, nursing home, convalescent home and any other place for
the diagnosis, treatment or other care of human ailments. As defined
by New York State regulations, a doctor's office shall be considered
a general office use.
A multiple dwelling or any part thereof which contains living
and sleeping accommodations for transient occupancy and which may
contain one or more dining rooms, and includes but is not limited
to such terms as "motel," "motor court," "motor hotel," "tourist court"
or "inn."
Any structure, building or material, such as concrete, asphalt,
brick or metal, constructed or erected on landscaped or natural buffer
areas which impedes the percolation of water into the ground. Impervious
surfaces do not include dirt, crushed stone or gravel surfaces.
A physical change to the land or installation of certain
services necessary to produce usable and desirable lots or sites from
raw acreage, including but not limited to water and sewer facilities,
recreation and open space areas, grading, pavement, curbs, gutters,
storm sewers and drains and betterments to existing watercourses,
sidewalks and other pedestrian ways, street signs, shade trees, sodding
or seeding and monuments, whether such improvements are intended to
be dedicated and maintained by the public or held in private ownership.
An area of land with or without buildings used for or occupied by a deposit, collection or storage, outside a completely enclosed building, of used or discarded materials, such as wastepaper, rags, scrap metal or used building materials, home furnishings, machinery or parts thereof, with or without the dismantling, processing, salvage or other use or disposition of the same. Reference junk and junk dealers in Chapter 103 of the Town Code.
An area of land with or without buildings used for or occupied by a deposit, collection or storage, outside a completely enclosed building, of used or discarded motor vehicles or parts thereof, with or without the dismantling, wrecking, salvage, sale or other use of disposition of the same. A deposit, collection or storage on a lot of two or more vehicles no longer in condition for legal use on the public highways, i.e., registered and inspected or parts thereof for one month or more in a residential district or three months or more in any nonresidential district shall constitute a motor vehicle junkyard. Reference junk and junk dealers in Chapter 103 of the Town Code.
An establishment for the keeping, breeding and raising of
domesticated animals for profit or gain, but shall not apply to the
keeping of animals in a veterinarian clinic for the purpose of observation
and/or recovery necessary to veterinary treatment.
See buildable area § 180-22.
See buildable area § 180-22.
A lot or land area used primarily for disposal of solid waste
employing an engineering method that minimizes environmental hazards
by spreading and compacting alternate layers of solid waste and cover
material.
Open or cleared areas used for loading logs onto trucks or
used for any general purpose such as for storing logs or for servicing
equipment.
Proof of permission granted, usually in the form of a document,
card, plate or tag.
Any person to whom a license is issued pursuant to this chapter.
Assembly, treatment, processing or packaging of products
that does not emit objectionable levels of smoke, noise, dust, odor,
glare or vibration beyond their property boundaries.
Any residue associated with a harvesting operation, including
undesirable tree trunks, logs and slash.
A parcel of land having defined boundaries and considered
as a unit devoted to a specific use or occupied by a structure or
group of structures that are united by a common interest, use or ownership
and including customary accessory structures, uses, open spaces and
yards, which parcel shall have frontage on a street or on such other
means of access as may be deemed sufficient in accordance with the
applicable provisions of §§ 280 and 280-a of the Town
Law to provide suitable access as a condition precedent to the issuance
of a building permit.
The total land area of a lot within the property lines, excluding
any area devoted to external streets, e.g., in the case of a user
highway.
A lot abutting upon two or more streets at their intersection
or upon two parts of the same street, such streets or parts of the
same street forming an interior angle of less than 135°. The point
of intersection of the street right-of-way lines is the corner.
The minimum horizontal distance from the street line of a
lot to the rear lot line of such lot, measured perpendicular to the
lot width.
The line dividing one premises from another or from a street
or other public space.
Any lot lawfully existing in single and separate ownership
at the effective date of this chapter, or any amendment thereto affecting
such lot, which does not conform to the dimensional regulations of
this chapter for the district in which it is situated.
A legally existing lot at the time of adoption of this chapter, duly filed and recorded in the Saratoga County Clerk's office as either an individual parcel of land or part of an approved subdivision, in accordance with Chapter 154, Subdivision of Land, and applicable provisions of Town Law.
The minimum horizontal distance between the side lines, measured
parallel to the front right-of-way (ROW) line at the minimum building
setback. See District Schedule of Area and Bulk Regulations.[3]
A home built on or after June 15, 1976, bearing a seal signifying
conformance to the design and construction requirements of the Department
of Housing and Urban Development (HUD), Manufactured Home Construction
and Safety Standards, 24 CFR 280. A transportable structure comprised
of one or more components, each of which substantially was assembled
at a manufacturing facility and is/are capable of being transported
to and assembled on a home site, with or without a permanent foundation.
The term "manufactured home" shall not include any self-propelled
recreational vehicle.
See "club, membership."
Any naturally formed material located on or below the surface
of the earth including, but not limited to, sand, gravel, stone, peat,
and topsoil.
That area of a lot which shall be properly maintained with
a combination of natural, not artificial, lawn, shrubs, trees and
other plant materials and related ground covers.
Use of a parcel of land or contiguous parcels of land, or
portions thereof, and all haulageways and all equipment above, on
or below the surface of the ground for the purpose of excavating and
producing minerals or water for sale or exchange or for commercial,
industrial or municipal use, not including the process of preparing
land for the construction of a structure for which a building permit
has been issued.
An operation which results in the mining or proposed mining
from each use of more than 1,000 tons or 750 cubic yards, whichever
is less, of minerals from the earth within 12 successive calendar
months or an operation which results in the mining or proposed mining
of over 100 cubic yards of minerals from or adjacent to any body of
water not subject to the jurisdiction of the New York State Environmental
Conservation Law or the Public Lands Law.
All mining which is not defined as mining subject to state
jurisdiction.
A moveable or portable dwelling that is composed of one or
more components, each of which was substantially assembled in a manufacturing
facility prior to June 15, 1976, with or without a label certifying
compliance with NFPA, ANSI or a specific state standard, is designed
to be transported to the home site on its own permanent chassis, exceeds
32 feet in length and eight feet in width and is designed to be used
as a dwelling unit for year round living when connected to required
utilities, and with or without a permanent foundation. Excludes travel
trailers.
Any lot, parcel or tract of land or portion thereof, together
with the open space and facilities required by this chapter, used,
designed or maintained and having mobile home spaces as defined herein,
held out for hire or lease to accommodate mobile homes as defined
herein, or any premises on which two or more mobile homes are located
and occupied, regardless of whether or not any compensation is provided.
A factory manufactured dwelling unit conforming to the applicable
provisions of this code and bearing insignia of approval issued by
the Secretary of State of New York State. Any building designed primarily
for residential occupancy and intended or designed for permanent installation,
comprised of one or more components, each of which substantially was
assembled at a manufacturing facility and/is capable of being transported
to the home site, which, when combined on a permanent foundation with
a sloped roof, constitutes a dwelling unit which is indistinguishable
from a conventionally built home.
A single pole of variable cross section onto which telecommunications
devices are affixed.
The Municipal Home Rule Law of the State of New York, Chapter
36-a of the Consolidated Laws.
An existing building or structure which contains a use permitted
in the zoning district in which it is located but which does not conform
to the applicable district regulations for lot area, width or depth;
front, side or rear yard; maximum height; lot coverage; parking requirements;
or density after the enactment or subsequent amendment of this chapter.
This condition may also be cited as "noncomplying bulk."
A legal existing use which does not conform to the applicable
use regulations for the zoning district in which such use is located
after the enactment or subsequent amendment of this chapter.
A corporation formed or existing under the Not-For-Profit
Corporation Law of New York State.
Any use which is dangerous, offensive or injurious by reason
of the emission of dust, smoke, refuse matter, odor, gas fumes, noise
or vibration in contravention of the standards and criteria established
by this chapter and other applicable laws, rules, codes and regulations.
A building or structure, and lands associated therewith,
for the growing of flowers, fruits, vegetables, plants, shrubs, trees
or similar vegetation, which may include gardening tools, supplies
and implements which are sold at retail from such building or lot
to the general public.
Use of a building, structure or premises.
A map, adopted by the Town Board, showing streets, highways
and parks heretofore laid out, adopted and established in accordance
with § 270 of the Town Law.
Open space held in private ownership and protected in perpetuity
by a conservation easement.
Open space dedicated to or owned by any government or governmental
agency or authority, to be protected as conservation land.
Owner of the freehold of the premises or lesser estate therein,
a mortgagee or vendee in possession, assignee of rents, receiver,
executor trustee, lessee or other person, association, firm or corporation
in control of a building, structure or premises.
Any tax parcel, contiguous tax parcels under single ownership
or contiguous tax parcels proposed to be developed as a unit. Each
tax parcel shall be identified by the Tax Map of the Town of Milton
dated January 1, 2001, and single ownership shall be determined by
deed filed as of January 1, 2001. No parcel as defined herein may
be changed or reconfigured after January 1, 2001, for the purposes
of applying or avoiding the restrictions of this chapter.
Any land and/or associated structures, dedicated to or by
a village, town, county or state, created and maintained by a municipality
for the express use and enjoyment by the general public for recreational
purposes.
For purposes of this chapter, an off-street parking area
containing five or more parking spaces as required by this chapter.
An area of land not less than nine feet by 18 feet, excluding
driveways or access drives thereto, which is out of the public right-of-way
and is available and adequately improved for the parking of one motor
vehicle.
Those imaginary surfaces in space as established by the Federal
Aviation Administration for the purpose of controlling heights of
objects in the airport vicinity. The imaginary surfaces incorporate
the primary zone, approach area, transitional area, horizontal area
and conical area as defined and delineated in the Saratoga County
Airport Master Plan. The Saratoga County Airport Master Plan is available
at the Town Clerk's office and the County Airport Administrative offices.
Any individual, corporation, partnership, association, trustee
or legal governmental entity.
A building, or part of a building, in which persons are employed
in furnishing services and otherwise administering to the individual
and personal needs of persons, such as a barber's shop and hairdressing
salon.
Establishments primarily engaged in providing local and suburban
transportation services (e.g., taxis, buses, limousines).
A site, building or place designed and/or operated to provide
care on a regular basis for four or more household pets not living
on the premises for a fee. No boarding or overnight stays allowed.
Bathing, clipping, and grooming are allowed. Instruction/training
is allowed as an accessory use.
[Added 1-25-2023 by L.L. No. 1-2023]
A development in accordance with a single plan for compatible land uses and the placement of buildings which may not correspond to the bulk, yard, height and intensity of use prescribed as of right by this chapter but in accordance with the performance standards under Article IX.
The Planning Board of the Town of Milton, Saratoga County,
New York.
A plan, map or chart of a piece of land with actual or proposed
features.
A lot, plot or parcel of land, together with all structures
and uses thereon.
All private, parochial, academic, technical or nursery schools.
A stream protected under Article 15 of the Environmental
Conservation Law (ECL). A permit is required from the New York State
Department of Environmental Conservation (DEC) for any work which
will disturb the streambed or its banks.
Any building or use designated for municipal, civic, recreational
or other public purposes, but not including proprietary or enterprise
activities.
The Public Health Law of the State of New York, Chapter 45
of the Consolidated Laws.
An installation used by a public utility to supply electric,
gas, water, cable television, telephone or other utility service.
Included are such facilities as electric unit substations, high voltage
transmission lines, pump stations, water towers and telephone substations.
Utility distribution facilities servicing customers directly are considered
customary accessory uses.
Facilities operated as a business and open to the public
for uses such as tennis, swimming, miniature golf, driving ranges
and live theater.
A building wherein persons regularly assemble for religious
worship and which is maintained and controlled by a religious body
organized to sustain public worship.
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.
An establishment or other facility for carrying on investigation
in the natural, physical or social sciences, which may include engineering
and product development.
Premises, however designated, at which food and beverages
are sold for consumption largely on premises by patrons seated within
a building or elsewhere on the premises. The term "restaurant" shall
not include fast-food eating establishment.
A commercial activity characterized by the direct on-premises
sale of goods and services to the ultimate consumer, including on-premises
manufacturing, processing and preparation customarily associated with
department stores, food markets and similar establishments.
A structure, which shall not exceed 100 square feet, where
products grown or produced on the premises by the operator of the
roadside stand may be sold and purchased.
Reference § 180-6B(2).
Any parabolic dish, antenna or other devices or equipment
of whatever nature or kind, the primary purpose of which is to receive
television, radio, microwave or other electronic signals from space
satellites.
A residential development owned by a public agency or private
nonprofit sponsor in which dwelling units are exclusively provided
for elderly persons, aged 55 or older, and other members of the households
which they head.
[Amended 10-1-2014 by L.L. No. 2-2014]
The minimum horizontal distance from the property line to
any structure, roadway, parking area, accessory building or other
such improvement on a lot, except necessary driveways.
Includes the fondling or other erotic touching of human genitals,
pubic region, buttocks, anus or breasts; or sex acts, normal or perverted,
actual or simulated, including intercourse, oral copulation or sodomy;
or masturbation, actual or simulated; or excretory functions as part
of or in connection with any of the foregoing activity.
Any commercial activity which sells, rents, shows, exhibits,
or makes available for sale, rent, showing or exhibition any material
or entertainment distinguished or characterized by an emphasis on
depicting or description of anatomical areas or of sexual activity
and shall include but not be limited to adult arcades, adult markets,
adult motion-picture theaters, adult theaters and adult video rental/sale
stores.
Any device visible from a public place whose essential purpose
and design is to convey either commercial or noncommercial messages
by means of graphic presentation of alphabetic or pictorial symbols.
Noncommercial flags or any flag displayed from flagpoles or staffs
will not be considered to be signs.
A sign employing motion or the illusion of motion. Includes:
wind activated (spinners, pinwheels, etc.), mechanically activated
(characterized by repetitive motion or rotation activated by electric
motor or devices), and electrically activated (producing the illusion
of movement by electronic and/or illumination effects).
If freestanding: The entire are of a sign on
which copy and/or graphics could be placed. This are is computed geometrically
to include any nonrectangular areas of the sign face. Structural components,
skirting, or other architectural ornaments are not considered part
of the sign area. If double-faced, only one face area will be used
in calculation of sign area.
If wall-mounted or on a canopy or awning: The
area of the sign copy or graphic elements as applied to the background.
This copy area is calculated as the sum of the geometrically computed
areas encompassing separate letters, words or graphic elements on
that background.
A sign displayed on or attached flat against the surface
or surfaces of an awning.
A flexible substrate in which copy or graphics may be displayed.
A sign displayed on or attached flat against the surface
or surfaces of a canopy.
A sign with the capability of content change by manual means
or electronically by remote input.
The graphic content and/or text message of a sign.
Any sign that is designed and erected for the purpose of
providing direction and/or orientation for pedestrian or vehicular
traffic.
A sign that is designed for listing of occupants of a multi-tenant
facility.
A sign with two faces, commonly back to back.
Any changeable sign whose variable message capability can
be electronically programmed.
A sign that is not affixed to a building and is so constructed
to be an independent unit. Included are pole signs, pylon signs and
monument signs.
A sign whose message content is not related to the activities
conducted on the premises on which it is located.
A sign whose message content bears a direct relationship
to the activities conducted on the premises on which it is located,
or to the expression of any message by the owner or user of the premises.
A temporary sign intended to advance a political statement,
cause or candidate for elected office.
A sign other than a wall sign that is attached to or projects
more that 18 inches from a building face or wall.
A temporary sign advertising the sale, lease or rental of
the property upon which it is located.
A sign, specified by NYSDOT regulations, installed within
a highway right-of-way, for directing off-premises traffic to a business
or public location.
A sign that is in any manner affixed to any exterior wall
of a building or structure and that projects not more than 18 inches
from the wall. Also includes signs affixed to architectural projections
provided the copy area of such signs remains on a parallel plane with
the building facade.
Possession of land under single or unified control, whether
by sole, joint, common or other ownership or by a lease having a term
of not less than 30 years, regardless of any division of land into
parcels for the purpose of financing.
That map or drawing and all related information which together constitute a complete application, submitted for review by the Planning Board in accordance with the requirements and procedure specified in Article VIII of this chapter.
A sketch of a proposed sign, structure or building showing
the information required by these regulations to enable the applicant
to save time and expense in reaching general agreement with the Planning
Board as to the form of the layout and the objectives of this chapter.
A sketch plan shall be drawn to scale but need not have the accuracy
of an engineering drawing.
Trail or rough road used to move a tree from the place where
it was cut to a pile or landing where it is loaded onto a truck.
Felled trees, tree tops, and small branches left over from
a harvesting operation.
A use which is deemed desirable for the public welfare within
a given zoning district or districts, but which is potentially incompatible
with other uses provided therein. The special use shall, therefore,
be subject to approval by the Planning Board in accordance with the
conditions set forth for such use, as well as other applicable provisions
of this chapter.
Premises on which two or more horses not the property of
the proprietor are boarded or on which horses are maintained commercially
for hire, exhibition or sale. Any establishment where horses are kept
for riding, training, driving or stabled for compensation or incidental
to the operation of any club, ranch or similar establishment.
Premises on which is maintained not more than one horse not
the property of the proprietor, and including horses of the proprietor
not maintained for commercial purposes; is accessory to a farm or
dwelling.
Any tower or telecommunications facility which is designed
to enhance compatibility with adjacent land uses, including, but not
limited to, architecturally screened roof-mounted antennas, antennas
integrated into architectural elements and trees. The term "stealth"
does not necessarily exclude the use of uncamouflaged lattice or monopole
tower designs.
A structure or structures in which materials, goods or equipment
are stored, including self-storage operations with separate storage
units having individual external access, for storage of personal property.
Self-storage operations with several separate structures shall all
be considered together to form one primary structure for the purpose
of site plan review by the Planning Board.
The portion of the building other than the cellar which lies
between the surface of the floor and surface of the next floor above
it, or if there is no floor above it, then the space between such
floor and the ceiling or roof next above it.
The midpoint between the mean high water mark on each bank
of the adjacent portion of river, stream, creek or tributary.
A district described by this chapter within which, due to
special circumstances and the imposition of a special overlay designation,
additional regulations and requirements apply to complement those
of the underlying land use district to which such designation is added.
A way for vehicular traffic, whether designated as a street,
highway, thoroughfare, parkway, throughway, road, artery, avenue,
boulevard, lane, place, drive or however otherwise, which is an existing
public way or a way shown upon a subdivision plat approved by the
Town Planning Board as provided by these regulations or on a plat
duly filed and recorded in the office of the Saratoga County Clerk.
The dividing line between a lot and a street right-of-way.
Strip of land in which facilities such as highway and utilities
are placed.
A static construction or assembly of materials, the use or
occupancy of which requires a location on the ground or attachment
to an object having such a location. Structures shall include, among
others, buildings, stadiums, sheds, storage bins, reviewing and display
stands, platforms, towers, walls, fences, swimming pools, gasoline
pumps, billboards, signs and mobile dwellings. Structures shall not
include utility poles, wire and related equipment.
See Chapter 154, Subdivision of Land.
Any structure intended for swimming or recreational bathing
that contains water over 24 inches deep. This includes in-ground,
aboveground and on-ground swimming pools, hot tubs and spa. See New
York State Uniform Fire Prevention and Building Code.
A structure on which transmitting and/or receiving antennas
are located. This includes but is not limited to freestanding towers,
guyed towers, monopoles and similar structures. It is a structure
intended for transmitting and/or receiving telecommunications but
excluding those exclusively for governmental purposes, (including
but not limited to fire, police or other dispatch communications)
or exclusively for private radio and television reception and private
citizens' bands, amateur radio and other similar communications.
The Town Law of the State of New York, Chapter 62 of the
Consolidated Laws.
A folding structure mounted on wheels and designed for limited
travel recreation and vacation use only.
A vehicular, portable structure built on a chassis designed
as a temporary one-family dwelling for travel, recreation and vacation
purposes and having a body length not exceeding 32 feet and a body
width not exceeding eight feet.
A walk-in clinic focused on the delivery of medical care
for minor illnesses and injuries in an ambulatory medical facility
outside of a traditional hospital-based or freestanding emergency
department. Other names for similar types of facilities include but
are not limited to afterhours walk-in clinics, minute clinics, quick
care clinics, minor emergency centers, and minor care clinics.
[Added 1-25-2023 by L.L. No. 1-2023]
The specific purpose for which land, a building or a building
group is designed, arranged, intended or for which it is or may be
occupied or maintained.
The main or primary purpose or purposes for which land and/or
structures are designed, arranged or intended or for which such land
or structures may be occupied or maintained under this chapter.
The controls which enumerate the permitted principal, permitted accessory and special permit uses within each of the zoning districts established by § 180-11 of this chapter.
A modification of the use and/or area and bulk regulations
of this chapter in an individual case due to the specific facts and
conditions peculiar to a particular property.
The authorization by the Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of applicable standards. The Board of Appeals shall have the power to grant area variances. [Refer to § 180-74C(1)(b).] The Board of Appeals, in the granting of area variances, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
The authorization by the Board of Appeals for the use of land for a purpose which is otherwise prohibited by the applicable standards. The Board of Appeals shall have the power to grant use variances when the applicable zoning regulations and restrictions have caused unnecessary hardship. [Refer to § 180-74C(1)(a).] The Board of Appeals shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardship proven by the applicant and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
A building or part of a building used for the care, diagnosis
and treatment of sick, ailing, infirm or injured animals and those
who are in need of medical or surgical attention. Such clinics may
or may not also provide long-term lodging for ill or unwanted animals
or lodging for healthy animals on a fee basis.
An area of land that is characterized by hydrophytic vegetation,
saturated soils or periodic inundation as delineated by the New York
State Department of Environmental Conservation or the National Wetlands
Inventory prepared by the United States Fish and Wildlife Service.
Establishments engaged in the sale of commodities in quantity,
usually for resale or business use, chiefly to retailers, other businesses,
industries and institutions.
An open space on the same lot, plot or parcel of land with
a building or building group lying between the closest point of the
front, rear or side wall of a building and the nearest lot line, unoccupied
and fully open to the sky, except as otherwise provided by the specific
provisions of this chapter.
A yard extending across the principal street (i.e., front
lot line) of a lot measured between the side lot lines, the depth
of which yard is the minimum horizontal distance between the street
line and the main or principal building on the lot. Where a buildable
lot is accessed by a frontage of less than the required lot width,
the front yard shall be considered a side yard.
A yard extending across the full width of a lot measured
between the side lot lines and being the minimum horizontal distance
between the rear lot line and the rear of the principal building.
A yard between any lot line other than the street line or
rear lot line and a line drawn parallel thereto and between the front
and rear yards.
The Board of Appeals of the Town of Milton as provided for in Article XIII of this chapter.
An area or section of the Town described on the Zoning District
Map contained within this chapter and within which uniform requirements
regulate the use of land and structures and the height, bulk, density
and setback of structures.
The map delineating the boundaries of the various districts
established under this chapter which, along with the text, comprises
this chapter.
That Town employee appointed by the Town Board and charged
with the responsibility of administering and enforcing this chapter
and related regulations pertaining to the development and the use
of land within the Town of Milton.
