Words and terms stated in the present tense
include the future. The singular includes the plural, and the plural
includes the singular, unless the context otherwise requires. The
masculine gender includes the feminine and neuter genders. The term
"shall" is mandatory and not directory, and does not indicate mere
futurity, unless the context clearly so requires. The term "house"
shall include "home." The terms "Board," "Zoning Board of Appeals,"
"Planning Board," "Zoning Administrator," "Attorney," "Clerk" and
other designated boards and officers mean, respectively, such boards
and officers of the Village of Lake George. The term "person" includes
an individual, corporation, partnership, firm or other combination
of persons. The term "lot" includes the term "plot." The term "building"
shall mean "structure." The terms "occupied" and "used" as applied
to any land or building shall be construed as though followed by the
words "or intended, arranged or designed to be occupied or used."
Words not herein specifically defined shall have their ordinary dictionary
meaning, as in Webster's New International Dictionary.
Unless otherwise expressly stated in this chapter,
the following terms, for the purpose of this chapter, shall have the
following meanings:
Amenities that are offered, as an accessory to a primary
use, including but not limited to amenities offered to guests at a
hotel/motel.
[Added 11-16-2021 by L.L. No. 8-2021]
Any building or structure affixed to land or any movable
structure in excess of 100 square feet and is incidental and subordinate
to, and associated with, a permitted use.
Any use which is incidental to a permitted use and located
on the same lot and under the same ownership.
A lodging facility offering accommodations to the general
public, including buildings designed as hotels, motels, tourist courts,
overnight cabins, housekeeping units/cottages and similar facilities,
and may provide for additional customary uses such as, but not limited
to, restaurants, meeting rooms, playgrounds, game rooms, snack bars
and recreational facilities or activities used primarily for patrons,
including tennis courts, swimming or bathing, golf or convention facilities,
excluding water-based motorized vehicles.
[Added 7-18-2011 by L.L. No. 7-2011]
Those practices necessary for the production, preparation,
storage and retail or wholesale marketing of "crops, livestock and
livestock products" as defined in § 301 of the New York
State Agriculture and Markets Law, as amended. For purposes of stormwater
management, agricultural activities shall not include the construction
of new structures associated with agricultural activities.
[Amended 8-15-2022 by L.L. No. 4-2022]
Any mechanical contrivance used to provide games of chance,
skill or pleasure, and where a fee is charged.
An outdoor facility, which may include structures and buildings,
where there are various devices for entertainment, including rides,
booths for the conduct of games or sale of items, and buildings for
shows and entertainment.
Any mechanical contrivance used to transport an occupant
or occupants over a short defined distance or course for thrill or
pleasure, and where a fee is charged.
Includes any amusement parks, and any amusement rides or
amusement devices at sites that may not otherwise be known as amusement
parks.
[Added 11-16-2021 by L.L. No. 8-2021]
A device which transmits and/or receives radio frequencies,
telecommunications signals or electromagnetic waves.
See "dwelling, apartment house."
See "indoor amusement facility." Those locations that have
prize redemption for games of skill or chance shall be considered
an arcade for purposes of this chapter. Establishments that do not
have prize redemption shall not be considered arcades.
[Amended 11-16-2021 by L.L. No. 8-2021]
Land in the floodplain subject to a one-percent or greater
chance of flooding in any given year.
Any structure serving as a roof-like cover or shelter, attached
to an exterior wall of any commercial establishment.
A furnishing in some restaurants; a long, usually raised
counter, on one side of which employees pour or mix alcoholic beverages,
which they serve to customers seated or standing on the bar's other
side.
[Amended 5-27-2009 by L.L. No. 4-2009]
The flood having a one-percent chance of being equaled or
exceeded in any given year.
The stream discharge from groundwater runoff.
The place where a vessel lies when at anchor or at a wharf.
An owner-occupied private single-family home with common
dining and leisure rooms and lodging rooms 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. The bed-and-breakfast establishment shall have not more
than 10 occupants as lodgers in at least three and not more than five
rooms.
[Amended 2-8-2016 by L.L.
No. 1-2016]
A drain consisting of an excavated trench refilled with pervious
materials, such as coarse sand, gravel or crushed stone, through which
water percolates and flows toward an outlet; often referred to as
a "french drain."
An owner-occupied dwelling, or part thereof, in which lodging
is provided by the owner for up to one individual boarder for a fee.
[Amended 2-8-2016 by L.L.
No. 1-2016]
An owner-occupied dwelling, or part thereof, in which lodging
is provided by the owner for up to eight individual boarders for a
fee.
[Amended 2-8-2016 by L.L.
No. 1-2016; 4-2-2018 by L.L. No. 4-2018]
A place, site or structure to facilitate the ingress or egress
of a watercraft into or onto a body of water.
A place, site or structure used to park or house a watercraft
for 30 consecutive days or more.
See "structure."
A two-dimensional plan area of a building or structure which
results when the height dimension is removed and which shows an aerial
view of said building or structure, including garages, sheds, porches,
eaves, covered breezeways, entryways and other similar attached appurtenances.
The vertical distance measured from the lowest point of the
existing grade, prior to site disturbance, within five feet of any
primary building footprint, to the uppermost portion of the structure.
A solar energy system that consists of integrating photovoltaic
modules on any portion of a structure except a roof.
[Added 7-19-2021 by L.L. No. 5-2021]
The point from which all yard requirements are measured and
which is determined by a line formed by the intersection of a horizontal
plane of average grade level and a vertical plane that coincides with
the exterior surface of a building on any side. In the case of a cantilevered
section of a building, the vertical plane will coincide with the most
projected surface.
An inlet structure for the collection of stormwater from
impervious equipped with designed with a sump to trap sediment.
A subdivision which is classified as a Class A Regional Project
in Section 810 of the Adirondack Park Agency Act.
[Added 5-21-2018 by L.L.
No. 6-2018]
That person who shall be designated to perform the duties
of the Clerk of the Planning Board for all purposes of these regulations.
[Added 5-21-2018 by L.L.
No. 6-2018]
The construction or reconstruction or clearing, excavating,
grading, filling, draining or conducting of physical operations of
any kind in preparation, for or in pursuance of, construction or reconstruction,
or the moving of a structure upon a lot.
The Lake George Park Commission.
Any wharf which is supported along its entire length by cribbing.
A place where artists, artisans, craftsman and other skilled
tradespeople produce custom-made art or craft products, including
but not limited to baskets, cabinets, ceramics, clothing, flower arrangements,
jewelry, metal work, musical instruments, paintings, pottery, sculpture,
toys and weaving.
The placement of crib members in such a manner that there
is vertical spacing between the timbers which provides for a particle
exchange or water through the crib structure itself.
Any wharf constructed on fill materials such that lack of
spacing in the fill restricts free exchange of water from one side
of the wharf to the other.
A facility which is not a dwelling unit in which care is
provided on a regular basis to three or more people for more than
three hours per day per person as defined in 18 NYCRR 418.
A dwelling unit which is a personal residence and occupied
as a family residence which provides day care to seven to 12 people,
as defined in 18 NYCRR 416.
A dwelling unit which is a personal residence and occupied
as a family residence which provides day care on a regular basis for
more than three hours a day to three to six people, as defined in
18 NYCRR 417.
The Department of Environmental Conservation of the State
of New York.
The New York State Storm Water Management Design Manual,
most recent version including applicable updates, that serves as the
official guide for stormwater management principles, methods and practices.
[Added 4-17-2017 by L.L.
No. 7-2017]
The practice and procedures associated with the delayed release
of stormwater so as to reduce peak flow, maintain base flow, increase
opportunity for recharge to groundwater, and reduce opportunity for
surface runoff and soil erosion.
A permanent structure for the temporary storage of runoff
which is designed so as not to create a permanent pool of water.
To change the runoff characteristics of a parcel of land
in conjunction with residential, commercial, industrial or institutional
construction or alteration.
Any building, construction, expansion, alteration, modification,
demolition or other activity, including land clearing in excess of
1,000 square feet, land disturbance, grading, roadway construction
or expansion, mining or mineral extraction, which materially changes
the use or appearance of land or a structure, or the intensity of
the use of land, or a change in use of the structure or the creation
of a subdivision which may result in such activity, but not including
interior renovations to a structure, or the construction or modification
of a dock, wharf or mooring.
[Amended 5-27-2009 by L.L. No. 4-2009]
Any parcel of property or lot or combination of contiguous
lots which are in common ownership, or which are in diverse ownership
where development is to occur in common. For the purposes of this
chapter, contiguous lands shall include those separated by a public
highway.
That part of a development site area where actual land disturbance,
vegetation removal or construction of buildings, structures or utilities
will occur or has occurred.
A wharf or portion of a wharf extending along the shoreline
and generally connected to the uplands throughout its length.
Any berthing or mooring space for boats, excluding the sale
of gas, retail trade, boat service, marine equipment sale and service,
boat and water-based recreation equipment rentals and overnight mooring.
All of the area of land contributing runoff flow to a single
point.
An establishment that by design, physical facilities, service
or by packaging procedures encourages or permits customers to receive
services, obtain goods, or be entertained while remaining in their
vehicles.
A single building on a single parcel of land consisting of
four or more dwelling units, excluding time-share dwellings.
A single building on a single parcel of land consisting of
three dwelling units, excluding time-share dwellings.
A detached building (not including a mobile home) of one
or more stories in height, above main grade level, which is designed
or used exclusively as living quarters for one family or household,
and having a contiguous masonry foundation which shall not be of pier-type
supports, porches excepted.
A recreation or vacation property where transient users visit
for a specified period each year.
A one-family dwelling in a row of two or three such units
in which each unit has its own front and rear access to the outside,
no unit located over another unit, and each unit is separated from
any other unit by one or more common fire-resistant walls.
A one-family dwelling in a row of four or more such units
in which each unit has its own front and rear access to the outside,
no unit located over another unit, and each unit is separated from
any other unit by one or more common fire-resistant walls.
A structure on a single lot containing two dwelling units,
each of which is totally separated from the other by an unpierced
wall extending from ground to roof or an unpierced ceiling and floor
extending from exterior wall to exterior wall, except for a common
stairwell exterior to both dwelling units.
One or more rooms with provision for living, cooking, sanitary
and sleeping facilities arranged for the use of one family or household,
which shall be not be located on the ground floor of any building.
One or more rooms with provision for living, cooking, sanitary
and sleeping facilities arranged for the use of one family or household,
which shall not be less than 500 square feet. And there shall be a
minimum of 60 square feet of habitable area excluding kitchens, bathrooms
and hallways provided for sleeping accommodations for each person.
Authorization by a property owner for the use by another,
and for a specified purpose, of any designated part of his property.
[Added 5-21-2018 by L.L.
No. 6-2018]
Charging stations for the charging of electric or hybrid
vehicles.
[Added 7-19-2021 by L.L. No. 5-2021]
Any sign which produces an electronic message such as but
not limited to those using light-emitting diodes (LED), liquid-crystal
display (LCD) and digital displays.
[Added 3-19-2012 by L.L. No. 3-2012]
A person licensed as a professional engineer by the State
of New York.
[Added 5-21-2018 by L.L.
No. 6-2018]
An indoor area that is designed to provide entertainment,
interaction, interest and amusement to patrons where an admission
is charged to gain entry, such as, but not limited to, wax museums,
laser tag, go-carts, skating, carnival rides, and horror shows.
[Added 3-15-2010 by L.L. No. 4-2010]
To build, construct, alter, display, relocate, attach, hang,
place, suspend or affix any sign; includes the painting of signs on
exterior walls.
The wearing away of the land surface by water, wind or ice
or the detachment and movement of soil or rock fragments by water,
wind, ice or gravity.
The most recent version of "New York Standards and Specifications
for Erosion and Sediment Control" manual, commonly known as the "Blue
Book."
[Added 4-17-2017 by L.L.
No. 7-2017]
The construction, alteration or maintenance by public facilities
or governmental agencies of gas, electrical, steam or water transmission
or distribution systems.
Any substance containing one or more recognized plant nutrients
which is used for its plant nutrient content, and which is designed
for use or claimed to have value in promoting plant growth, except
unmanipulated animal and vegetable manures, agricultural liming material,
wood ashes, gypsum and other products exempted by regulation of the
Commissioner of Agriculture and Markets.
[Added 8-15-2022 by L.L.
No. 4-2022]
A strip of permanent vegetation above ponds, diversion terraces
and other structures to retard flow of runoff, causing deposition
of transported material, thereby reducing sediment flow.
A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of inland
or tidal waters or the unusual and rapid accumulation or runoff of
surface waters from any source.
See "flood."
The official map issued by the Federal Insurance Administration
where the areas of special flood hazard have been designated "Zone
A."
Prolonging the flow time of runoff to reduce the peak discharge.
Photovoltaic panels and tiles that are installed flush to
a surface and which cannot be angled or raised.
[Added 7-19-2021 by L.L. No. 5-2021]
A solar energy system that is directly installed on the ground
and is not attached or affixed to an existing structure.
[Added 7-19-2021 by L.L. No. 5-2021]
A building used for the preparation and display of the deceased,
and ceremonies connected therewith, before burial or cremation.
A building or structure and lands for the growing of flowers,
fruits, vegetables, plants, shrubs, trees or other similar vegetation,
together with garden accessories which are sold at retail from such
building or lot to the general public.
Any department, commission, independent agency or instrumentality
of the United States, of New York State, of Warren County, the Town
of Lake George and/or the Village of Lake George.
A square foot number representing the entire area occupied
by a building, including common areas, storage, mechanical areas,
and space occupied by interior structures and partitions.
Area in a structure for living, sleeping, eating or cooking.
Maintenance or utility space, parking garages and similar areas are
not considered habitable space.
An establishment that provides facilities for aerobic exercises,
running and jogging, exercise equipment, game courts, swimming facilities,
saunas and showers, and lockers.
See "building height."
A road, parking area, or driveway used for motorized vehicular
travel, except those servicing four or fewer residential lots or units.
[Added 8-15-2022 by L.L.
No. 4-2022]
An occupation or profession carried on within a dwelling
unit or an accessory structure that meets the dwelling unit setbacks,
and which is clearly incidental to the use of the dwelling unit for
residential purposes and does not change the character thereof.
The same as a home occupation level one but allows an increased intensity of the use as described in Article VI, General Regulations, of this chapter.
Includes attorneys, planners, craft workshops and those professions
licensed by the New York State Education Department, with the exception
of pharmacists and pharmacy establishments.
A lodging facility offering accommodations to the general
public, including buildings designed as tourist courts, overnight
cabins, housekeeping units/cottages and similar facilities, and providing
additional customary uses such as, but not limited to, restaurants,
meeting rooms, playgrounds, game rooms, snack bars and recreational
facilities or activities used primarily for patrons, including tennis
courts, swimming or bathing, golf or convention facilities, excluding
water-based motorized vehicles.
A graph showing variation in stage (depth) or discharge of
a stream of water over a period of time.
All impermeable surfaces that cannot effectively infiltrate
rainfall. This includes paved, concrete, packed earth and gravel surfaces
(i.e., parking lots, driveways, roads, runways and sidewalks); building
rooftops and other miscellaneous impermeable structures such as patios
and sheds.
[Amended 8-15-2022 by L.L. No. 4-2022]
An indoor area or structure, or portion thereof, open to
the public which contains four or more coin-operated games and/or
similar entertainment and amusement devices.
A manufacturing or maintenance facility where any process
is used to alter the nature, size or shape of articles or raw materials
or where articles are assembled and where said goods or services are
consumed or used at another location.
The downward movement of water from the surface to the subsoil.
Stormwater recharge areas, dry well, recharge basin, retention
basin or any other engineered structure designed to infiltrate stormwater.
A soil characteristic determining or describing the maximum
rate at which water can enter the soil under specified conditions,
including the presence of an excess of water and typically expressed
as inches per hour.
A commercial facility, resembling in character traditional
residential construction, providing lodging and meals which is characterized
by common dining facilities and a common leisure room available for
use by lodgers and the general public.
A sign visible from or intended to be visible from the water
surface of Lake George.
Grading, digging, cutting, scraping, excavating, removing
of soil, placement of fill, paving or otherwise covering, construction,
substantial removal of natural or human-made vegetation, replacement
of natural vegetation with lawn or other human-made vegetation, demolition
or other removal of human-made features, or any activity which bares
soil or rock. For purposes of calculating the square footage affected
by any development in order to determine a project's classification,
all affected areas of the development site shall be considered in
aggregate whether or not the affected areas are contiguous.
An area of vegetation which has been actively maintained
as a lawn, garden, hedge, planting bed or rain garden.
[Added 8-15-2022 by L.L.
No. 4-2022]
Any noncropland area that is covered by any grass species.
Lawn or nonagricultural turf does not mean flower or vegetable gardens,
pasture, hayland, trees, shrubs, turf grown on turf farms, or any
form of agricultural production.
[Added 8-15-2022 by L.L.
No. 4-2022]
A public institution with a building containing printed and
pictorial material for public use for purposes of study and reference.
A designated parcel, tract or area of land established by
plat, subdivision, or as otherwise permitted by law, to be separately
owned, used, developed or built upon.
That portion of a lot which is covered by any material which
prevents absorption of water into the ground.
A modification of a boundary line between two or more adjacent
parcels to clarify or amend such boundary, and where the square footage
of land involved in such modification is less than minimum lot size
in the zoning district where the parcels are located. In the event
the modification involves parcels in two or more different zoning
districts, the more restrictive minimum lot size shall be used to
determine applicability of this definition.
[Added 5-21-2018 by L.L.
No. 6-2018]
The mean horizontal distance between the side lot lines measured
at the building line.
The lowest level, including basement, crawl space or garage,
of the lowest enclosed area.
A legally recorded document that acts as a property deed
restriction, and which provides for long-term maintenance of stormwater
management practices.
[Added 4-17-2017 by L.L.
No. 7-2017]
Any subdivision not classified as a minor subdivision, including
but not limited to a subdivision requiring any new street or extension
of municipal facilities.
[Added 5-21-2018 by L.L.
No. 6-2018]
A waterfront facility offering two or more berths or moorings
for boats not registered to the property owner, his family or renter
of any dwelling unit, on the same lot and includes one or more of
the following: the sale of marine products and services including
gas and oil, dry storage, repairs, new and used boat sales and services,
boat rentals or charters, and other water-based recreational services.
A Comprehensive Plan, prepared by the Planning Board, pursuant
to § 7-722 of the Village Law, which indicates the general
locations recommended for various functional classes of public works,
places and structures and for general physical development of the
Village and includes any unit or part of such plan separately prepared
and any amendment to such plan or parts therein.
[Added 5-21-2018 by L.L.
No. 6-2018]
A golf course, of miniature size and scale, that is solely
focused on the putting aspect of the game of golf. Public mini-golf
courses shall be those that are run solely as business entities that
welcome any guests for a fee. Private mini-golf courses shall be those
that are located at, and accessory to, primary uses such as hotels/motels
or amusement parks.
[Added 11-16-2021 by L.L. No. 8-2021]
Any subdivision containing not more than four lots fronting
on an existing street, not involving any new street or road or the
extension of municipal facilities and not adversely affecting the
development of the remainder of the parcel or adjoining property and
not in conflict with any provision or portion of the Master Plan,
Official Map or Zoning Ordinance, if such exists, or these regulations.
[Added 5-21-2018 by L.L.
No. 6-2018]
Any self-contained dwelling unit, not including travel trailers,
that is designed to be transported to its site on its own wheels or
those of another vehicle, may contain the same water supply, kitchen
facilities and plumbing, sewage disposal and electric system as immobile
housing, and is designed to be used exclusively for residential purposes
or any structure so marked as a "mobile home or structure" by New
York State. (A modular home or other dwelling unit that is constructed
in two or more main sections and transported to and permanently assembled
on site is not considered a "mobile home.")
Any anchor, chain, buoy, pennant or other object by which
a vessel is secured at one point.
A privately owned wharf or mooring which is not used for
commercial purposes.
A natural or artificial layer of plant residue or other materials,
such as sand or paper, on the soil surface which reduces erosion,
maintains soil moisture and facilitates seed germination.
Any building(s) or part thereof used primarily for the display
of articles that are of either historical or cultural significance.
See "tavern."
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, including buildings, 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 or at the time of adoption
or amendment of this chapter or any preceding zoning law or ordinance,
which use is not permitted by or does not conform to the permitted
use provisions of this chapter for the district in which it is located.
Any source from which pollutants are or may be discharged
which is not a point source.
A prospectus as required by § 352-e of the General
Business Law.
[Amended 5-27-2009 by L.L. No. 4-2009]
The map established by the Village Board pursuant to § 7-724
of the Village Law, showing streets, highways and parks and drainage,
both existing and proposed.
[Added 5-21-2018 by L.L.
No. 6-2018]
An area on a lot lying outside of the permanent exterior
walls of a structure whose interior is fully enclosed by those permanent
exterior walls and a roof. A porch or deck that is screened, or fitted
with retractable curtains of any material remains an outdoor area.
[Added 5-27-2009 by L.L. No. 4-2009]
An off-street, ground-level area, usually surfaced, for the
temporary storage of motor vehicles, and where a use fee is charged
or a donation accepted.
[Amended 7-18-2011 by L.L. No. 7-2011]
The maximum instantaneous flow of water from a given condition
at a specific location.
Any individual, firm, partnership, club, trust, company,
association, cooperative, corporation (including a government corporation),
or Village, state or federal government and any agency thereof.
A solar energy system that produces electricity by the use
of semiconductor devices, called photovoltaic cells that generate
electricity when light strikes them.
[Added 7-19-2021 by L.L. No. 5-2021]
A wharf or portion of a wharf extending from the shoreline
with water on both sides.
A long slender column usually of timber, steel or reinforced
concrete driven into the ground vertically to support an open-type
wharf.
Construction or conversion of an existing use to be planned,
developed, operated, advertised and maintained as a single entity,
containing one or more structures to accommodate a commercial recreational
facility. Said development may include commercial retail services,
professional retail services, retail business general and retail business
food which are incidental to the recreational use.
The condition caused by the presence in the environment of
substances of such character and in such quantities that the quality
of the environment is impaired or rendered offensive to life.
The structures and practices used in reducing contaminants
from point and/or nonpoint sources.
An open, graded paving material which allows water to pass
through it.
Those site conditions which legally existed prior to the
commencement of any activity regulated by this chapter.
A drawing or drawings clearly marked "preliminary plat,"
showing the salient features of a proposed subdivision, as specified
in Subsection R of these regulations, submitted to the Planning Board
for purposes of consideration prior to submission of the plat in final
form and of sufficient detail to apprise the Planning Board of the
layout of the proposed subdivision.
[Added 5-21-2018 by L.L.
No. 6-2018]
A building or structure in which is conducted the main or
primary use of the lot on which said building or structure is located.
Where more than one use is on a lot, the more intense use shall be
considered the main or primary use.
An office or place to conduct licensed activities normally
associated with their field for those engaged in a professional occupation,
including, but not limited to, a physician, lawyer, architect, engineer,
surveyor, licensed beautician or barber, real estate broker, insurance
agent, accountant or planner.
Small office establishments of 1,500 square feet or less,
catering primarily to pedestrian traffic. Professional office includes
attorneys, planners, and those professions licensed by the New York
State Education Department.
Any land use or development activity proposed by an applicant
which is subject to this chapter.
Any sign other than a wall sign that is attached to and projects
perpendicularly from the wall or face of a building or structure.
The anticipated or actual time a project will be used, utilized
or remain in functional existence.
Any building, structure, facility or complex used by the
general public, owned by any state, county, or municipal government
agency or instrumentality, including but not limited to municipal
offices and public parking facilities.
A person that is knowledgeable in the principles and practices
of stormwater management and treatment, such as a licensed professional
engineer, registered landscape architect or other Commission-accepted
individual(s). Individuals preparing stormwater design plans must
have an understanding of the principles of hydrology, water quality
management practice design, water quantity control design, and, in
many cases, the principles of hydraulics.
[Added 8-15-2022 by L.L.
No. 4-2022]
The rate at which rain is falling at any given instant, usually
expressed in inches per hour.
A widely accepted method for calculating stormwater runoff,
volume and rates of flow for stormwater shed areas of up to 20 acres.
That portion of a sign which provides for a changeable message.
[Added 3-19-2012 by L.L. No. 3-2012]
A public, commercial or noncommercial building, place, site
or field for leisure use where such use may include swimming, tennis,
court games, baseball and other field sports, and playground activities,
and excluding mechanical devices.
A recreation facility operated as a business and open to
the public for a fee.
Any kind or description of watercraft propelled by motor
or engine.
Any activity which alters or expands a previously developed
structure.
Any activity which alters a previously developed site.
[Added 8-15-2022 by L.L.
No. 4-2022]
Any Class A regional subdivision.
[Added 5-21-2018 by L.L.
No. 6-2018]
The removal and processing of trees to be used as a heating
fuel source, with such harvesting activity not to result in the removal
of greater than five full cords of firewood during any calendar year;
and further not to include the sale or export of any firewood or wood
products. Residential firewood harvesting shall not include a) the
creation of a wood road, log landing, or skid trail, b) stump removal,
brush removal, or grubbing, or c) road construction, excavation, land
clearing or land disturbance for development.
[Added 8-15-2022 by L.L.
No. 4-2022]
An establishment whose principal business is the sale of
preprepared or rapidly prepared food/meals directly to the customer
in a ready-to-consume state for consumption either within the restaurant
building or off premises.
An establishment, excluding taverns, where food and drink
is prepared, served and sold for on-premises consumption to patrons
seated at tables.
Establishments providing goods, merchandise or services to
the general public, for a fee, such as, but not limited to, banks,
educational services, repair shops, dry cleaners, laundromats, supermarkets
and food stores.
Small commercial establishments of 1,500 square feet or less,
catering primarily to pedestrian traffic.
The display and sale of products outside of a building or
structure.
The practice of holding or directing stormwater, except that
portion evaporated or bypassed in an emergency, in or to a given area
so that all the stormwater will be infiltrated into the subsoil.
A recharge basin which is designed to infiltrate all of the
stormwater it receives and which normally has no outflow.
The natural or artificial replacement of vegetation on a
project site to reduce erosion, decrease runoff, improve water quality
or improve aesthetic qualities of exposed soils.
A solar system in which solar panels are mounted on top of
the structure of a roof either as a flush-mounted solar panel or as
modules fixed to framers which can be tilted toward the south at an
optimal angle.
[Added 7-19-2021 by L.L. No. 5-2021]
Those structures and/or devices, including, but not limited
to, dry wells, porous pavements, ditches, wetlands, holding ponds,
recharge areas and retention/detention basins, which recharge groundwater
and provide for peak flow attenuation.
Any building or part thereof which is designed, constructed
and used for education or instruction in any branch of knowledge which
includes public or private, elementary, secondary or vocational education.
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 may also include a convenience store,
provided that the store is an integral part of the gasoline or service
station.
The horizontal separation distance from the property line
or, in the case of shoreline property, from the mean high-water mark,
to the building line of the structure.
Any deeded lot filed with the Warren County Clerk within
the APA statutory setback area of 50 feet of the shoreline of any
lake, pond, including any river or stream navigable by boat, and including
canoe, or rivers designated as wild and scenic in accordance with
New York State ECL.
Use or occupancy of a single-family dwelling or a dwelling unit or any portion thereof for less than six consecutive months pursuant to a verbal or written agreement to pay a rental fee, but not including a bed-and-breakfast or a hotel, motel, inn, rooming house, boardinghouse or other commercial transient accommodation licensed pursuant to Village Code § 135-1.
[Added 9-22-2014 by L.L.
No. 6-2014[1]]
Refers to a name, identification, display, announcement,
declaration, device, demonstration or illustration which is affixed
to or painted or represented directly or indirectly upon a building,
structure or parcel of property which directs attention to an object,
product, place, person, activity, institution, organization or business.
ABANDONED SIGNAny sign and its supporting structure(s) and/or fixtures which becomes vacant; or pertains to a time, event, or purpose that no longer applies; or remains in place that no longer advertises a bona fide business or activity; or pertains to a product or service other than the one offered on such lot shall be deemed to have been abandoned.
[Amended 5-27-2009 by L.L. No. 4-2009]
ACCESSORY SIGNAny sign related to a business or profession conducted, or to a commodity or service sold or offered, upon the premises where such sign is located.
DISPLAY AREAThat extent of surface which circumscribes the border of the sign.
DOUBLE-FACED SIGNA sign designed to be viewed from two directions and which at no point are thicker than 24 inches measured from the exterior surface of each face, and the two faces of the sign are either parallel or the angle between them is 30° or less.
FREESTANDING SIGNA sign which is supported by one or more uprights, poles or braces, or by a vase of wood, stone or cement, in or upon the ground. This definition shall not include portable signs.
FRONT or FACEThe outer surface of a building, which is visible from any private or public street or highway.
ILLUMINATED SIGNAny sign illuminated by electricity, gas or other artificial light, including reflective or phosphorescent matter.
LIGHTING DEVICEAny light, string of lights or group of lights located or arranged so as to cast illumination on a sign.
MARQUEEA permanent roofed structure attached to and supported by the building.
PERSONAny person, firm, partnership, association, corporation, company, institution or organization of any kind.
PORTABLE FREESTANDING and/or A-TYPE SIGNA sign that is designed to be movable and is not structurally attached to the ground, a building, a structure or any other sign. Such signs may or may not be in the configuration of an "A."
PROJECTING SIGNA sign other than a wall sign which projects from and is supported by a wall or roof of a building, structure or sign structure.
ROOF SIGNA sign erected upon a roof or parapet of a building or structure.
WALL SIGNA sign permanently or temporarily attached or affixed to any exterior wall or projection of a structure.
WINDOW SIGNSigns maintained in or painted upon a window.
NEON SIGN LIGHTINGSelf-illuminated sign wherein the light source itself is shaped, and utilized to form all or part of the message.
OFF-PREMISES SIGNA sign which advertises an establishment, products, services or entertainment, which are not present, sold or distributed on the lot where the sign is located.[2]
That area or region important in fulfilling the daily or
seasonal habitat requirements of any species of plant or animal designated
as endangered, threatened, rare or of special concern by the Department
pursuant to Environmental Conservation Law (ECL) §§ 11-0535
and 9-1503 and the Department's regulations thereunder, or by any
individual species or any group or natural community of nonlisted
plants and animals of significant economic, recreational, aesthetic,
ecological or scientific importance.
A structure designed to trap sand and silt-sized particulate
matter from stormwater.
The practice of controlling the establishment, composition,
constitution, and growth of forests. Silvicultural activities include:
site preparation for forest regeneration; reforestation (including
subsequent cultural treatment); thinning; prescribed burning; pest
and fire control; harvesting operations; surface drainage; harvest-related
road/trail construction and maintenance; and nursery operations. Tree
removal in preparation for development or other conversion to a nonforestry
use is not silviculture.
[Added 8-15-2022 by L.L.
No. 4-2022]
See "development area."
A sketch of a proposed subdivision showing the information
specified in Subsection P of these regulations to enable the subdivider
to save time and expense in reaching general agreement with the Planning
Board as to the form of the layout and objectives of these regulations.
[Added 5-21-2018 by L.L.
No. 6-2018]
A document which identifies best management practices regarding
erosion and sediment controls to be employed for a proposed agricultural
or silviculture activity. The plan shall include such form(s) as may
be provided by the Commission. The plan shall include a scaled map
of the project site depicting all water bodies on-site and within
35 feet of all areas to be disturbed, and all proposed land disturbances,
including proposed stream crossings, agricultural fields, and areas
proposed for silviculture, including logging roads and landings.
[Added 8-15-2022 by L.L.
No. 4-2022]
Space open to the sun and clear of overhangs or shade including
the orientation of the streets and lots to the sun so as to permit
the use of active and/or passive solar energy systems on individual
properties.
[Added 7-19-2021 by L.L. No. 5-2021]
A solar photovoltaic cell, panel or array, or any solar hot
air or solar tube which relies upon solar radiation as an energy source
for the generation of electricity or transfer of stored energy to
heat, air or water.
[Added 7-19-2021 by L.L. No. 5-2021]
Solar collectors, controls, energy storage devices, heat
pumps, heat exchangers, and other materials, hardware or equipment
necessary to the process by which solar radiation is collected and
converted into another form of energy and is stored, protected from
unnecessary dissipation and distributed. Solar systems include solar
thermal and photovoltaic systems.
[Added 7-19-2021 by L.L. No. 5-2021]
A device for the direct conversion of solar energy into electricity.
[Added 7-19-2021 by L.L. No. 5-2021]
Solar thermal systems directly heat water or other liquid
using sunlight. The heated liquid is used for such purposes as space
heating and cooling, domestic hot water, and heating pool water.
[Added 7-19-2021 by L.L. No. 5-2021]
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to municipalities to regulate discharges from
municipal separate storm sewers for compliance with EPA-established
water quality standards and/or to specify stormwater control standards.
[Added 4-17-2017 by L.L.
No. 7-2017]
Construction activity including clearing, grading, excavating,
soil disturbance or placement of fill that results in land disturbance
of equal to or greater than one acre, or activities disturbing less
than one acre of total land area that is part of a larger common plan
of development or sale, even though multiple separate and distinct
land development activities may take place at different times on different
schedules.
[Added 4-17-2017 by L.L.
No. 7-2017]
An authorization of a particular land use which is permitted,
subject to requirements imposed herein to assure that the proposed
use is in harmony with this chapter and will not adversely affect
the neighborhood if such requirements are met.
An order issued which requires that all construction activity
on site be stopped.
[Added 4-17-2017 by L.L.
No. 7-2017]
Water produced by precipitation, including snow melt, which
does not evaporate and which flows over a natural or human-made surface
or into a natural or human-made channel.
A report prepared in accordance with this chapter or on behalf
of a sponsor project which includes analysis of a site's environmental
characteristics, potential impacts of the development on water resources,
and the effectiveness and acceptability of the proposed stormwater
management system in order to determine the types of stormwater measures
necessary for the proposed development. An SCP may be included in
a SWPPP.
[Amended 4-17-2017 by L.L. No. 7-2017]
All those natural and man-made structures, infiltration devices,
erosion controls, systems, facilities, agreements, institutional arrangements
and financial provisions to manage stormwater, including, but not
limited to, any of the following: dry wells, pits of crushed rock,
infiltration trenches, retention ponds, detention ponds, blind ditches,
swales, pipes, culverts, natural depressions, porous paving, recharge
areas and basins.
[Added 8-15-2022 by L.L.
No. 4-2022]
A report prepared in accordance with 6 NYCRR 646-4.8, Subdivision
(b), by or on behalf of a project sponsor which evaluates the quantity
and quality of stormwater runoff resulting from the proposed project.
The report shall include a set of drawings and other documents to
provide all the necessary information and specifications pertaining
to stormwater management and associated pollution control for a particular
site. The SCR is intended to implement the SCP.
[Added 8-15-2022 by L.L.
No. 4-2022]
The written narrative, maps and diagrams prepared for the
purpose of runoff control on a specific development site, based upon
survey and analysis of the site.
For quantitative control, a system of vegetative and structural
measures that control the increased volume and rate of surface runoff
caused by human-made changes to the land. For qualitative control,
a system of vegetative, structural and other measures that reduce
or eliminate pollutants that might otherwise be carried by surface
runoff.
An agreement between the project sponsor and some other entity
to ensure adequate maintenance and repair of the stormwater management
system over the life of the project.
A local stormwater management plan adopted by the Village
pursuant to this chapter and ECL § 43-0112.
Measures, either structural or nonstructural, that are determined
to be the most effective, practical means of preventing flood damage
and preventing or reducing point source or nonpoint source pollution
inputs to stormwater runoff and water bodies.
[Added 4-17-2017 by L.L.
No. 7-2017]
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
[Added 4-17-2017 by L.L.
No. 7-2017]
An area of land used for the purpose of infiltrating stormwater.
A local stormwater regulatory control program adopted by
the Village pursuant to 6 NYCRR 646-4 and ECL § 43-0112.
An activity undertaken for the purpose of reducing stormwater
runoff volume, velocity, and/or pollutants generated from predevelopment
conditions, and which is undertaken or approved by the municipality
in which the project is located, the county Soil and Water Conservation
District, the Commission, or an entity approved by the Commission.
[Added 8-15-2022 by L.L.
No. 4-2022]
Any surface water runoff or runoff in channels which results
directly either from a rainstorm or from melting of snow pack.
Includes any permanent or intermittent watercourse.
That area within 100 feet of the high water mark of any stream
or river or wetlands adjacent thereto protected and/or regulated by
New York State Department of Environmental Conservation.
Includes streets, roads, avenues, lanes or other traffic
ways between right-of-way lines.
[Added 5-21-2018 by L.L.
No. 6-2018]
A combination of materials to form an object constructed,
installed, erected or permanently placed above or below the surface
of the land or water.
An identifiable drainage area contained within a larger watershed
or drainage area.
Any person, firm, corporation, partnership or association
who shall lay out any subdivision or part thereof as defined herein,
either for himself or others. In the event any subdivision is sold
or conveyed, the requirements of this chapter shall apply to any grantee
or buyer of such subdivision.
[Added 5-21-2018 by L.L.
No. 6-2018]
A division of land into two or more lots, parcels or sites,
whether adjoining or not, for the purpose of sale, lease, license
or any form of separate ownership or occupancy by any person or by
any other person or any group of persons acting in concert as part
of a common scheme or plan; provided, however, that this shall not
apply to conveyances of small amounts of land to correct a boundary
of a lot so long as such conveyance does not create additional lots.
Includes any map, plot or other plans, whether or not previously
filed. It also includes any grading, road construction, installation
of utilities or other improvements or any other land use or development
preparatory or incidental to such activity. It does not include the
lease of land for hunting or fishing and other open space recreational
uses.
[Amended 5-21-2018 by L.L. No. 6-2018]
A drawing, in final form, showing a proposed subdivision,
containing all information or detail required by law and by these
regulations to be presented to the Planning Board for approval and
which, if approved, may be duly filed or recorded by the applicant
in the office of the county clerk or register.
[Added 5-21-2018 by L.L.
No. 6-2018]
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure, either before the improvement or repair is started or,
if the structure has been damaged and is being restored, before the
damage occurred. For the purpose of this definition, "substantial
improvement" is considered to occur when the first alteration of any
wall, ceiling, floor or other structural part of the building commences,
whether or not that alteration affects the external dimensions of
the structure. The term does not, however, include either any project
for improvement of a structure to comply with existing state or local
health, sanitary or safety code specifications which are solely necessary
to assure safe living conditions, or any alteration of a structure
listed on the National Register of Historic Places or a State Inventory
of Historic Places.
Water which flows over the land and does not percolate into
the soil and which may run off as a sheet, rill or stream flow.
A person licensed as a land surveyor by the State of New
York.
[Added 5-21-2018 by L.L.
No. 6-2018]
An establishment used primarily for the serving of liquor
by the drink to the general public and where food may be served or
sold only as accessory to the principal use and where entertainment
may be provided.
Refers to the surface of a sign used for the purpose of short-term
advertising or greeting. This may include but is not limited to posters,
promotional devices, leaflets, flyers, brochures or handout materials
and other signs of a similar nature.
[Added 3-19-2007 by L.L. No. 4-2007;
amended 8-19-2013 by L.L. No. 6-2013]
Collapsible, temporary shelter made of fabric, such as but
not limited to, nylon, or canvas, supported by poles and/or tie-down
fixtures.
[Added 7-18-2011 by L.L. No. 7-2011]
A building or part of a building, devoted to showing motion
pictures, or for dramatic musical or live performances and which may
include dinner theaters.
The time required for water to flow from the most remote
point of a watershed, in a hydraulic sense, to the outlet.
Vessels carrying passengers for hire.
A grant of relief from the requirements of this chapter which
permits construction of a use in a manner that would otherwise be
prohibited by this chapter.
A self-service device that, upon insertion of a coin, paper
currency, token, card or key, dispenses unit servings of food or beverages
in bulk or in packages.
Every description of watercraft, other than seaplanes, used
or capable of being used as a means of transportation on or below
the water surface.
The Village of Lake George.
The duly designated engineer of the Village.
[Added 5-21-2018 by L.L.
No. 6-2018]
Includes, but is not limited to, tour boats, rental boats,
personal watercraft, and parasailing.
Any lake, pond, river, stream, intermittent stream or wetland.
The total drainage area contributing runoff to a single point.
The upper surface or top of the saturated portion of the
soil or bedrock layer, indicating the upper extent of groundwater.
An area designated as a freshwater wetland by the New York
State Adirondack Park Agency.
[Added 8-15-2022 by L.L.
No. 4-2022]
Any structure built or maintained for the purpose of providing
a berthing place for vessels.
An open, unoccupied space on the same lot with a building
or structure.
An open, unoccupied space on the same lot with the principal
building, between the front line of the principal building and the
front line of the lot, and extending the full width of the lot.
An open, space on the same lot with the principal building,
between the rear line of the principal building and the rear line
of the lot, and extending the full width of the lot.
An open, unoccupied space on the same lot with the principal
building situated between the side line of the lot and the adjacent
side line of the lot, and extending from the rear line of the front
yard to the front line of the rear yard.
[Added 2-8-2016 by L.L.
No. 1-2016; amended 4-2-2018 by L.L. No. 4-2018]
This section shall take effect upon filing in the office of
the Secretary of State of New York State.
