No land use or development shall be undertaken or maintained except in conformity with all provisions contained in this chapter relating to both the zoning district and the land use area in which the land, water, site, structure or use is located, or is proposed to be located, and in conformity with the permit requirements of § 200-78 if applicable. Where this chapter is more restrictive than covenants or agreements between parties or other plans or other rules or regulations or ordinances of the Adirondack Park Agency Act, the provisions of this chapter shall control.
Nothing in this chapter shall be deemed to supersede,
alter, enlarge, or impair the jurisdiction of the Adirondack Park
Agency, pursuant to the Adirondack Park Agency Act, to review and
approve, approve subject to conditions, and disapprove those land
uses and developments and subdivisions of land defined therein as
Class A regional projects, or otherwise supersede, alter or impair
the statutory function, duties and responsibilities of that Agency
with regard to matters involving a Town in which an Agency-approved
local land use program has been validly adopted or enacted; provided
that the Adirondack Park Agency cannot, in the context of its Class
A regional project review, override a local decision not to permit
a given land use or development.
A.
ACCESSORY USE
ACCESSORY USE STRUCTURE
ADIRONDACK PARK AGENCY or AGENCY
ADIRONDACK PARK AGENCY ACT
ADIRONDACK PARK or PARK
AGRICULTURAL SERVICE USE
AGRICULTURAL USE
AGRICULTURAL USE STRUCTURE
AIRPORT/HELIPORT
ALTERATION
AMUSEMENT DEVICE
AMUSEMENT DEVICE FACILITY
AMUSEMENT PARK
AMUSEMENT RIDE
ANTENNA
APARTMENT; DWELLING APARTMENT
APPLICANT
AUTOMOBILE REPAIR CENTER
AUTOMOBILE SERVICE STATION
BARN
BASAL AREA
BOAT
BOATHOUSE
BOAT LAUNCH
BOAT MAINTENANCE FACILITY
INDOOR BOAT MAINTENANCE FACILITIES
BOAT STORAGE FACILITY
BUILDING
BUILDING AREA
BUILDING HEIGHT
BUILDING LINE
BUILDING PERMIT
BUSINESS
CABIN COLONY
CAMP
CAMPGROUND
CEMETERY
CHANGE OF USE
CHURCH
CLASS A REGIONAL PROJECT
CLASS B REGIONAL PROJECT OR TYPE II - SITE PLAN REVIEW PROJECT
CLASS A REGIONAL SUBDIVISION
CLASS B REGIONAL SUBDIVISION
CLEAR-CUTTING
CLUB
COLUMBARIUMS
COMMERCIAL BOAT STORAGE
COMMERCIAL RECREATION USE
COMMERCIAL SAND AND GRAVEL EXTRACTION
COMMERCIAL USE
COMMUNITY FACILITY
COMPUTER-RELATED FACILITY
CONDOMINIUM
CONDOMINIUM DEVELOPMENT - DETACHED UNITS
COOPERATIVE
COTTAGE INDUSTRY
COURT, INNER
COURT, OUTER
DAY-CARE CENTER
DRIVEWAY
DWELLING, ATTACHED
DWELLING, DETACHED
DWELLING, MULTIFAMILY
DWELLING, SHORT-TERM RENTAL
DWELLING, SINGLE-FAMILY
DWELLING, TOWNHOUSE
DWELLING, TWO-FAMILY
DWELLING UNIT
ERECT
ESSENTIAL SERVICES
EXCAVATION
FAMILY
FENCE
FIRING RANGE
FOOD STORE
FORESTRY USE
FOREST USE STRUCTURE
FRATERNAL ORGANIZATION
FUNERAL HOME
GAME PRESERVE
GARAGE, PRIVATE RESIDENTIAL
GARAGE, PUBLIC
GARAGE SALE
GOVERNMENT OFFICE OR AGENCY
GREENHOUSE
GREENHOUSE, COMMERCIAL
GROUP CAMP
GUEST COTTAGE
HOME OCCUPATION
HOTEL
IMMEDIATE FAMILY
INDUSTRIAL USE
IN EXISTENCE
INN
JUNK AUTOMOBILE
JUNKYARD
KENNEL
LAKE
LANDOWNERS ASSOCIATION
LAND USE AREA
LAND USE or DEVELOPMENT or USE
LOGGING ROAD
LOT
LOT, CORNER
LOT COVERAGE
LOT DEPTH
LOT, MINIMUM AREA OF
LOT WIDTH
MAIL ORDER BUSINESS
MAJOR PUBLIC UTILITY USE
MARINA
(1)
(2)
(3)
MARINA/QUICK LAUNCH
MEAN HIGH WATER MARK
MEDICAL BUILDING
MINERAL EXTRACTION
MINERAL EXTRACTION STRUCTURE
MOBILE HOME
MOBILE HOME COURT
MOTEL
MOTOR HOME
NONCONFORMING LOT
NONCONFORMING STRUCTURE
NONCONFORMING USE
OFFICE
OFF-STREET PARKING SPACE
OPEN SPACE RECREATION USE
OUTSIDE BAR
PARCEL OF PROPERTY
PERSON
PERSONAL WATERCRAFT (PWC)
POND
PRINCIPAL BUILDING
(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(2)
PRIVATE SAND, GRAVEL OR TOPSOIL EXTRACTION
PUBLIC OR SEMIPUBLIC BUILDING
PUBLIC UTILITY USE
RESTAURANT, FAST-FOOD
RESTAURANT, FULL SERVICE
RETAIL BUSINESS, GENERAL
RETAIL SERVICES, COMMERCIAL
RETAINING WALL
RIDING STABLES
RIGHT-OF-WAY
ROAD
ROOMING HOUSE
SAWMILL
SCHOOL
SEASONAL-BUILDING
SEASONAL USE
SETBACK
SETBACKS - FRONT
SHOPPING CENTER
SHORELINE
SHORELINE BUILDING SETBACK
SHORELINE LOT WIDTH
SKI CENTER
STORAGE SHED
STRUCTURE
SUBDIVISION OF LAND or SUBDIVISION
(1)
(2)
TIMBER HARVESTING
TOURIST ACCOMMODATION
TOURIST ATTRACTION
TRANSIENT MOBILE HOME
TRANSIENT MOBILE HOME COURT or TRAVEL TRAILER CAMP
VOLATILE SUBSTANCES, GAS OR LIQUIDS
WASTE DISPOSAL AREA
WASTE TREATMENT SITE
WATERSHED MANAGEMENT or FLOOD-CONTROL PROTECT
WETLANDS
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
As used in this chapter, unless the context otherwise
requires, the following terms shall have the meanings indicated:
Any use of a structure, lot or portion thereof, that is customarily
incidental and subordinate to and does not change the character of
a principal land use or development, including the case of residential
structure, professional, commercial and artisan activities carried
on by the residents of such structures.
Any structure or a portion of a main structure customarily
incidental and subordinate to a principal land use or development,
including a guest cottage or any structure in excess of 100 square
feet, not for rent or hire, that is incidental and subordinate to
and associated with a single-family dwelling.
[Amended 4-6-2004]
The Adirondack Park Agency created by § 803 of
Article 27 of the Executive Law of the State of New York.
Article 27 of the Executive Law of the State of New York,
including any future amendments thereto.
Land lying within the area described in Subdivision 1 of § 9-0101
of the Environmental Conservation Law of the State of New York, including
any future amendments thereto.
Any milk processing plant, feed storage supply facility,
farm machinery or equipment sales and service facility; storage and
processing facility for fruits, vegetables and other agricultural
products or similar use directly and customarily related to the supply
and service of an agricultural use.
Production, keeping or maintenance, for sale, lease or personal
use, of plants and animals useful to man, including but not limited
to: forages and sod crops; grains and seed crops; dairy animals and
dairy products, poultry and poultry products; livestock, including
beef cattle, sheep, swine, horses, ponies, mules, or goats, or any
mutations or hybrids thereof, including the breeding and grazing of
any or all of such animals; bees and apiary products; fur animals;
trees and forest products; fruits of all kinds, including grapes,
nuts, berries and vegetables.
Any barn, stable, shed, silo, garage, fruit and vegetable
stand or other building or structure directly and customarily associated
with agricultural use.
A place where aircraft can land and take off.
Any structural change, arrangement or addition other than
repairs not exceeding 50% of the cost of the building; any modification
in construction or in building equipment.[1]
Any mechanical contrivance used to provide games of chance,
skill, or pleasure and where a fee is charged.
Any place, site, structure or building or part thereof which
provides more than three amusement devices in various number or any
ride, booth or game of chance.
[Added 6-6-1995; 2-20-1997]
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.
A device used to collect and transmit to a receiver telecommunication
signals that have been generated at a distant location.
A single dwelling unit within a multiple-family or other
structure on the same lot. May or may not be metered separately.
[Added 2-20-1997]
A person, partnership, or corporation that applies for a
permit.
Any building, premises and land in which or upon which a
business, service or industry involving the maintenance, servicing,
repair or painting of vehicles is conducted or rendered.
Any building, land area or other premises, or portion thereof,
used or intended to be used for the retail dispensing or sales of
vehicular fuels; and including as an accessory use the sale and installation
of lubricants, tires, batteries and similar accessories, or minor
repairs.
A structure which is principal to agricultural uses and which
is used for the housing of animals, such as horses, chickens, cows,
pigs, or their food and forage, such as hay, grains, straw, and equipment
used to implement the agricultural use, such as a tractor, manure
spreader, planter, etc., as an accessory use.
As applied to tree measurements is the area in square feet
of the cross section of a tree at breast height (4 1/2) feet.
Basal area per acre is the total area in square feet of the cross
section of all trees on an acre.
[Added 2-20-1997]
For the purposes of this chapter, this shall not include
canoes, rowboats or sailboards.
A structure with direct access to a navigable body of water
(1) which is used for the storage of boats and associated equipment
and (2) which does not have bathroom or kitchen facilities and is
not designed for lodging or residency.
A place, site or structure to facilitate the ingress or egress
of a watercraft into or onto a body of water.
Any building, land area or other premises, or portion thereof,
used or intended to be used for the care, maintenance and/or repair
of boats and/or marine products and accessories.
A boat maintenance facility where all activities, including
storage of more than three boats shall be undertaken.
A place, site or structure used to store a watercraft for
30 consecutive days or more. (See definition of "commercial boat storage.")
Any roofed structure intended for the shelter, housing or
enclosure of persons, animals or property.
[Added 2-20-1997]
The total ground floor area of a principal building and accessory
buildings exclusive of uncovered porches, steps and terraces.
[Added 2-20-1997]
The vertical distance measured from the lowest portion of
the natural grade of the building site covered by the building or
finished grade of cut required to accommodate the building to the
highest point of the structure.
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 the lowest grade level and a vertical plane that extends
from the most projected part of the building open to the sky.
Written permission issued by proper municipal authority for
the demolition, construction, repair, alteration or addition to a
structure.
See definition of "commercial use."
A development of small single unit or two-family structures
designed with kitchens and bathrooms on a single lot. Originally designed
as tourist accommodations for seasonal use, these properties may be
condominiums or cooperatives, or rented or lived in on a year-round
basis.
A structure with no piped plumbing or public utility power,
designed for occasional occupancy for hunting, fishing or similar
purposes. The structure may or may not be fully enclosed.
[Added 2-20-1997; amended 10-3-2000]
Any area designated for transient occupancy by camping in
tents, camp trailers, motor homes, transient mobile homes, truck campers,
or pickup campers or similar facilities designated for temporary shelter.
Land used or intended to be used for the burial or deceased
human beings and dedicated for cemetery purposes.
[Added 2-23-1999]
Any use which substantially differs from the previous use
requiring alteration to the building or site; for example, different
parking spaces, service docks, ingress and egress standards, etc.
Change of use will require site plan approval.
A building for public worship, including a synagogue or mosque.
A land use or development which is classified and defined
as such in Appendix A of this chapter.[2]
A subdivision which is classified and defined as such in
the Town Subdivision Regulations.[4]
A subdivision which is classified and defined as such in
the Town Subdivision Regulations.[5]
Any cutting of all or substantially all trees over six inches
in diameter at 4 1/2 feet above the ground whereby less than
60 square feet of basal area remains, over any ten-year cutting cycle.
An organization catering exclusively to members and their
guests, or premises and buildings for recreational use or athletic
purposes which are not conducted primarily for gain, provided that
there are not conducted any commercial activities except as required
generally for the membership and purposes of such club.
An external structure containing vaults lined with recesses
for cinerary urns.
[Added 2-23-1999]
Dry storage of more than three boats on a lot.
Any use involving the provision of recreation facilities
or activities for a fee.
Any excavation of the land of more than 50 cubic yards in
any two-year period of sand, gravel or topsoil, (1) for the purpose
of sale or use by persons other than the owner of the land, or (2)
for the purpose of use by any municipality.
Any use involving the sale or rental or distribution of goods,
services or commodities, either retail or wholesale.
A building or structure owned and operated by a governmental
agency or not-for-profit organization to provide a public or semipublic
service, such as libraries, museums, governmental buildings, firehouses,
and churches.
A commercial retail service business oriented to providing
educational services, repair, communications, word processing or other
services using computers where sales is clearly incidental to the
services provided and not including assembly or manufacturing.
A building or group of buildings in which dwelling units
are owned individually, and the structure, common areas and facilities
are owned by all the owners on a proportional, undivided basis. The
purchaser has title to his or her interior space in the building and
an undivided interest in parts of the interior, the exterior, and
other common elements. The property is identified in a master deed
and recorded on a plat with the local jurisdiction.
A condominium that involves the use of detached units, single-family
or multifamily. The total available land for use of the entire project
must equal the sum of the permitted lot sizes of the total number
units in the zone(s) within which the project is located.
A multifamily project of one-family dwelling units, offices
or commercial shops which may include one or more buildings on the
same lot or property. These dwelling units, offices, shops or spaces,
common areas and facilities which are owned by an organization, independent
corporation, partnership or other enterprise are in turn owned and
operated for the benefit of those using or occupying the property.
Any use conducted from a residence and carried on by the
inhabitants and employees not residing at the residence, and which
is not incidental and secondary to the use of the building for dwelling
purposes to the extent where the industry changes the character of
the dwelling.
An open area unobstructed from the ground to the sky which
is bounded on more than three sides by the exterior walls of one or
more buildings.
An open area unobstructed from the ground to the sky which
is bounded on not more than three sides by the exterior walls of one
or more buildings.
A site, building, or place designed and/or operated to provide
day care and/or instruction for four or more persons and operated
on a regular basis for a fee.
Any area privately reserved on any lot, plot, site or parcel
of land for the purpose of providing vehicular access from an access
road or state, county or Town highway to a private dwelling or other
private principal buildings located on said lot, plot, site or parcel
of land, to certain portions of said dwellings or other principal
buildings to accessory buildings or to private parking spaces, the
use of said area being private to residents or owners of said dwellings,
to the occupants or owners of such other private principal buildings
and to such other persons as may be designated or permitted to use
such private area by the owners thereof.
[Added 2-20-1997; amended 8-2-2005]
A one-family dwelling attached to two or more one-family
dwellings by common vertical walls.
A dwelling which is not attached to any other dwelling by
any means.
Any apartment, townhouse, condominium or similar building,
including the conversion of an existing single-family dwelling, designed
to occupy in separate dwelling units therein by more than one family;
any such building containing two or more separate dwelling units used
on a time-sharing, leased time or other similar basis whereby more
than one person, group of persons or family has legal right of occupancy
at different times.
A dwelling which may or may not be inhabited by the owner
of record or members of the owner's immediate family which is or is
intended to be rented for residential purposes, in whole or in part,
for an occupancy period of less than 30 consecutive days to any person
or entity and such operation is authorized by a valid permit issued
by the Town of Bolton in accordance with Town of Bolton Ordinance
#47 and rules and regulations promulgated in furtherance of such ordinance.
[Added 9-7-2021 by L.L. No. 1-2021]
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.
A one-family dwelling in a row of at least three such units
in which each unit has its own front and rear access to the outside,
no unit 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. (See definition of "dwelling,
multifamily.")
One or more rooms with provision for living, cooking, sanitary
and sleeping facilities arranged for the use of one family or household
for year-round or seasonal/temporary use.
To build, construct, attach, hang, place, suspend, or affix,
including the painting of wall signs.
The construction, alteration or maintenance by public utilities
or governmental agencies of gas, electrical, steam, sewer system or
water transmission or distribution systems.
Any extraction from the land of more than 20 cubic yards
of sand, gravel, clay, shale, rock, topsoil or other natural mineral
deposits.
One or more persons related by blood, marriage or adoption,
or one or more persons in a permanent and stable relationship and
residing as a traditional family unit sharing living expenses, cooking
together as a housekeeping unit, sharing expenses for food, rent,
utilities and other household expenses.
[Amended 4-6-2004]
An artificial structure designed to or which, in fact, does
divide, enclose or screen a parcel of land or portion thereof.
A site or building used for the orderly discharge of firearms,
including targets or skeet.
A self-service retail operation offering a variety of food
goods for sale to the general public.
Any management, including logging of a forest, woodland or
plantation and related research and educational activities, including
the construction, alteration or maintenance of woodroads, skidways,
landings, fences and forest drainage systems.
Any barn, shed, garage, research, educational or administrative
building or cabin directly and customarily associated with forestry
use.
See definition of "club."
A building used for the preparation of the deceased for burial
and the display of the deceased and ceremonies connected therewith
before burial or cremation.
A land area used for the protection of wildlife, usually
because of its unique natural character, which provides habitat, food
or shelter for wildlife.
A structure which is accessory to a residential building
and which is used for the parking and storage of vehicles owned and
operated by the resident thereof, and which is not a separate commercial
enterprise available to the general public.
A building, or portion thereof, other than a private customer
and employee garage or private residential garage, used primarily
for the parking and storage of vehicles and available to the general
public.
The sale or offering for sale to the public of items of personal
property by the owner or tenant of a residential lot, whether within
or outside of any structure. Neither the seller nor any household
member shall be in the business of selling similar items. Garage sales
shall be limited to up to three days or less In a calendar week, on
up to three occasions or less in a calendar year except during the
time of any town-wide garage sale. This definition shall not be inclusive
of other terms defined herein.
[Added 6-6-2023 by L.L. No. 4-2023]
Any department, commission, independent agency or instrumentality
of the United States, of New York State, of Warren County, and/or
the Town of Bolton.
A structure whose roof and sides are made largely of glass
or other transparent or translucent material and used for personal
enjoyment.
A building whose roof and sides are made largely of glass
or other transparent or translucent material and in which the temperature
and humidity can be regulated for the cultivation of delicate or out-of-season
plants for subsequent sale or personal enjoyment.
Any land or facility for seasonal housing and recreational,
educational or business-related use by private groups or semipublic
groups, such as a boy or girl scout camp, fraternal lodge, university
or college conference center, religious camp, or conference center.
An accessory structure that is incidental and subordinate
to a principal detached single-family residence situated on the same
parcel. The guest cottage shall not exceed an area of 1,250 sq. ft.
in size or one-half the square footage of the associated single-family
dwelling, whichever is less, and shall be designed and used to provide
overnight accommodations for guests in association with the principal
detached single-family residence. Guest cottage accommodations may
include a bathroom and a kitchen. No occupancy fee, rental charge
or other consideration shall be imposed for the use or occupancy of
a guest cottage. A guest cottage shall not qualify as a short-term
rental premises.
[Amended 9-7-2021 by L.L. No. 1-2021]
Any use customarily conducted entirely within a dwelling
or in an accessory structure and carried on by the inhabitants thereof
and up to one employee not residing at the dwelling, which use is
clearly incidental and secondary to the use of the dwelling for dwelling
purposes and does not change the character thereof.
A commercial facility providing transient lodging containing
six or more rental units and where the customary uses such as restaurant
facilities, meeting rooms, recreation facilities and leisure rooms
are provided for use by the lodger and the general public.
Siblings, parents, grandparents, spouse, children and grandchildren.
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.
With respect to any land use or development, including any
structure, that such use or development has been substantially commenced
or completed.
A commercial facility, resembling in character traditional
residential construction with common access providing transient lodging
and meals which is characterized by common dining facilities and leisure
rooms available for use by lodgers and limited general public.
Any unregistered, old or secondhand motor vehicle, no longer
intended or in condition for legal use on the public highways. For
the purpose of this definition, motor vehicle shall mean all vehicles
propelled or drawn by power, other than muscular power, originally
intended for use on public highways or for use in agricultural or
construction activity.
Any open lot or area for the dismantling, storage or sale
of such items as parts, scrap, or salvage of used or wrecked motor
vehicles, machinery, scrap metals, waste papers, rags, used or salvaged
building materials, household appliances or other discarded materials.
An establishment in which more than four dogs more than one
year old are housed, groomed, bred, boarded, trained or sold.
A large inland body of standing water.
An organization established by owners of buildings, site
and/or facilities for the express purpose of managing, maintaining,
operating, and/or developing common areas or interests related to
those buildings, site or other facilities.
Those areas delineated on the official Adirondack Park Land Use and Development Plan Map adopted under Article 27 of the Executive Law of the State of New York and designated thereon as "hamlet," "moderate intensity use," "low intensity use," "rural use," "resource management," and "industrial," and such portions of those areas as are located within the Town and delineated on the Adirondack Park Land Use and Development Plan Map incorporated in this chapter by § 200-11 hereof.
Any construction or other activity which materially changes
the use or appearance of land or a structure or the intensity of the
use of land or structure.
An access road usually created by removing trees and stumps
in a confined space to facilitate the removal of logs during tree
harvesting operations. The construction of such a road shall be considered
clear-cutting if trees over six inches in diameter are removed to
create a cleared road area greater than 16 feet wide. No logging road
can be less than 500 feet from another logging road.
A designated parcel, tract, or area of land established by
plat, subdivision, or as otherwise permitted by law, to be used, developed
or built upon as a unit.
A lot or parcel of land abutting upon two or more streets
at their intersection, or upon two parts of the same street forming
an interior angle of less than 135 degrees.
That portion of the lot that is covered by buildings and
structures.
The minimum contiguous distance measured from the front lot
line to the rear lot line.
The smallest lot area established by the Zoning Chapter on
which a use or structure may be located in a particular district.
The minimum contiguous distance between the side lines of
a lot.
A general retail business which is transacted through a catalogue
with use of a mail carrier and where on-site customer visitation and
transaction are clearly incidental to the services and sales technique.
Any electric power transmission or distribution line with
associated equipment of a rating of more than 15 kilovolts which is
one mile or more in length; any telephone interchange or trunk cable
or feeder cable which is one mile or more in length; any telephone
distribution facility containing 25 or more pairs of wire and designed
to provide initial telephone service for new structure; any telephone
or other communication transmission tower, any pipe or conduit or
other appurtenance used for the transmission of gas, oil or other
fuel which is one mile or more in length; any electric substation,
generating facility or maintenance building and any water or sewage
pipes or conduits, including any water storage tanks designed to service
50 or more principal buildings.
Any waterfront facility which provides accommodations or
services for boats by engaging in any of the following:
The sale of marine products or services.
The sale, lease, rental or charter of boats
of any type.
The sale, lease, rental or any other provisions
of storage, wharf space, or mooring for more than two boats not registered
to the owners of said facility, member of the owner's immediate family,
the owner or lessee of the immediately adjoining upland property,
or members of their immediate families, or an overnight guest on said
property.
A storage facility which provides out-of-water short-term
storage for boats which are launched regularly, providing out-of-water
storage as an alternative to in-water mooring or docking during the
boating season when the boat(s) are in use.
The average annual high water level of a lake, pond, river,
stream, creek or other body of water.
A facility that contains establishments dispensing health
services.
Any excavation, other than specimens or samples from the
land of stone, coal, salt, ore, talc, granite, petroleum products
or other materials, except for commercial sand, gravel, or topsoil
mining, including the construction, alteration or maintenance of mine
roads, mine tailing piles or dumps, and mine drainage.
Any mine hoist; ore reduction, concentrating, sintering or
similar facilities and equipment; administrative buildings, garages
or other main buildings or structures.
Any self-contained dwelling unit, but not including travel
trailers, that is designed to be transported to its site on its own
wheels or those of another vehicle, which may contain the same water
supply, kitchen facilities and plumbing, sewage disposal and electric
systems 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.)
A parcel of land under a single deed ownership which is designed
and improved for the placement of two or more mobile home units thereof.
A commercial facility providing transient lodging containing
six or more rental units with at least 25% of all rooms having direct
access to the outside without the necessity of passing through the
main lobby of the building, and where customary uses such as but not
limited to playgrounds, game rooms, recreation facilities, snack bars,
and restaurants may be provided for use by the lodger and the general
public.
See definition of "transient mobile home."
Any legally created lot of record on the effective date of Article IX of this chapter which does not meet the minimum lot area and/or lot width requirements of this chapter for the zoning district in which such lot is situated.
[Amended 4-3-2007 by L.L. No. 1-2007]
Any structure which is in existence within a given zoning district on the effective date of Article IX of this chapter, but which is not in conformance with the dimensional regulations for that zoning district. Any structure built, expanded or constructed with a prior grant of an area variance shall presumptively, thereafter, constitute a nonconforming structure.
[Amended 4-3-2007 by L.L. No. 1-2007]
Any use which is in existence within a given zoning district on the effective date of Article IX of this chapter, but which is not an accessory use, a permissible use or use allowed for that zoning district.
[Amended 4-3-2007 by L.L. No. 1-2007]
An office or place to conduct activities normally associated
with their occupation.
[Added 2-20-1997]
A temporary storage area for a motor vehicle that is directly
accessible to an access aisle, and which is not located on a dedicated
street right-of-way.
Any recreation use particularly oriented to and utilizing
the outdoor character of an area which does not depend on amusement
devices or rides. These recreational uses may include a snowmobile
trail, bike, jeep or all-terrain vehicle trail, cross-country ski
trail, hiking and backpacking trail, bicycle trail and horse trail,
as well as playground, picnic area, public park, and public beach
for activities such as soccer, baseball, football, tennis and water-related
activities.
A specified area or facility either affixed or not affixed
to any structure or building where patrons are seated and/or stand
at said facility and where alcoholic beverages are prepared and/or
served and/or consumed by said patrons. A portable service bar without
seating shall not be considered an outside bar as defined herein.
[Added 12-1-1998]
Parcels separated by a public highway and owned by the same
owner shall be deemed the same parcel of property. The division of
any tax map parcel shown on the County Tax Map as a unit by a public
highway does not constitute a subdivision of the tax map parcel.
[Amended 9-4-2007]
Any individual, corporation, partnership, association, trustee,
or other legal nongovernment entity.
A device which uses an inboard motor powering a waterjet
pump as its primary source of motor power and which is designed to
be operated by a person sitting, standing or kneeling on, or being
towed behind the device rather than in the conventional manner of
sitting or standing inside the device. The term shall include jet
skis, surf skis, fun skis, wave runners or other similar type of devices.
[Added 2-20-1997]
An inland body of water smaller than a lake.
Any one of the following:
A single-family dwelling or mobile home constitutes
one principal building.
A tourist cabin or similar structure for rent
or hire involving 300 square feet or more of floor space constitutes
one building.
Each dwelling unit of a multiple-family dwelling,
including each separate dwelling unit used on a time-sharing, leased
time or other similar basis whereby more than one person, group of
persons or family has a legal right of occupancy at differing times,
constitutes one principal building.
Each motel unit, hotel unit or similar tourist
accommodation unit which is attached to a similar unit by a party
wall, each accommodation unit of a tourist home or similar structure,
and each tourist cabin or similar structure for rent or hire involving
less than 300 square feet of floor space constitutes one-tenth of
a principal building.
Each commercial use structure and each industrial
use structure in excess of 300 square feet constitutes one principal
building, except that for a commercial use structure which involves
the retail sale or rental or distribution of goods, services or commodities,
each 11,000 square feet of floor space or portion thereof of such
commercial use structure constitutes one principal building.
All agricultural use structures and single-family
dwellings or mobile homes occupied by a farmer of land in agricultural
use, his employees engaged in such use and members of their respective
immediate families, will together constitute and count as one principal
building.
Any other structure which exceeds 1,250 square
feet of floor space constitutes one principal building.
A structure containing a commercial use which
is also used as a single-family dwelling constitutes one principal
building.
An accessory structure does not constitute a
principal building.
Any extraction from the land of sand, gravel or topsoil for
the purpose of use, but not sale, by the owner of the land, or any
extraction for the purpose of sale of less than 50 cubic yards in
any two-year period.[6]
Any component building or a college, school, hospital, animal
hospital, library, place of worship, museum, research center, rehabilitation
center, or similar facility or a municipal building.
An establishment whose principal business is the sale of
pre-prepared or rapidly prepared food/meals directly to the customer
in a ready-to-consume state for consumption either within the restaurant
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.
The offering, for a fee, of goods or merchandise, excluding
food products, to the general public and where the providing of services
is clearly incidental to the sale of such goods or merchandise.
Establishments providing, for a fee, services or entertainment,
as opposed to products, to the general public, such as educational
services, day-care centers, repair shops, dry cleaners and laundromats.
A retaining wall more than two feet in height or in excess
of 100 square feet shall be considered a structure. All measurements
are to be taken from the vertical square area.
[Added 2-20-1997; amended 4-6-2004]
A place, site or building used for the housing, care and
riding of horses or other animals.
A parcel of land open to the public for vehicular or pedestrian
traffic.
A paved or unpaved pathway serving as access for pedestrians
and vehicles, freely open and accessible to the public, to and from
common areas and adjacent private lands; may or may not be owned by
the municipality; may or may not be included on the municipal road
inventory.
[Added 8-2-2005]
An owner-occupied commercial facility providing lodging in
which at least two but no more than six rooms are offered for rent
and which may be characterized by common dining facilities and leisure
facilities available for use by the lodgers.
Any building, site or place used for the cutting or milling
of raw timber into dimensional lumber.
Any building or part thereof which is designed, constructed
and used for the education or instruction in any branch of knowledge
which includes public or private, elementary, secondary, vocational
or religious education.
A structure designed to be used on a seasonal basis by virtue
of its construction, or the design or construction of the infrastructure
servicing the building. (April 1 through October 31)
A use which occupies continually a building or site for less
than nine months of the year. (April 1 through October 31)
The horizontal separation distance from the property line,
highway right-of-way line or, in the case of shoreline property, from
the mean high water mark to the building line of the structure. (See
definition of "building line.")
A front lot line setback shall be effected from any ROW,
any common driveway, or common entryway or roadway, or any vehicular
easement. Rights-of-way shall be considered as a front lot line and
shall require a front lot line setback.
[Added 2-20-1997]
A building or buildings located on one lot containing numerous
businesses, services and/or restaurants with a total gross square
footage exceeding 10,000 square feet.
The mean high water mark at which land adjoins the waters
of lakes, ponds, rivers and streams within the Town.
The shortest distance, measured horizontally, between any
point of a building and the shoreline of any lake or pond, or the
shorelines of any brook, stream or river within the Town.
The distance measured along the shoreline as it winds and
turns between the boundary lines of a lot as they intersect the shoreline
of any lake or pond and the shorelines of any river to be studied
as wild, scenic, or recreational river in accordance with the Environmental
Conservation Law or any river or stream navigable by boat, including
by canoe.
Any trail or slope for alpine and nordic skiing, including
lifts, terminals, base lodges, warming huts, sheds, garages and maintenance
facilities, parking lots and other buildings and structures directly
and customarily related thereto.
Any structure used to store equipment, supplies, tools, etc.,
which is subordinate to or supports the activities of the principal
use or structure.
Any object constructed, installed or placed on the land to
facilitate land use and development or subdivision of land, such as
buildings, sheds, single-family dwellings, mobile homes, signs, tanks,
fences and poles, and any fixtures, additions and alterations thereto.
Construction must be more than six inches above grade and in excess
of 100 square feet to be considered a structure. Landscaping features
shall not constitute structures.
[Amended 2-20-1997; 10-3-2000; 4-6-2004; 10-1-2024 by L.L. No. 2-2024]
Any 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 (including
any grading, road construction, installation of utilities or other
improvements or any other land use and development preparatory or
incidental to any such division) by any person or by a common scheme
or plan. Subdivision of land shall include any map, plat or other
plan of the division of land, whether or not previously filed. Subdivision
of land shall not include the lease of land for hunting and fishing
and other open space recreation uses.
Subdivision shall also be any development of
a parcel of land, as a shopping center, mobile home court, industrial
area, condominium, or a multiple dwelling project, which involves
the installation of streets and/or alleys, even though the streets
and alleys may not be dedicated to public use and the parcel may not
be divided immediately for the purpose of conveyance, transfer, or
sale. The term "subdivision" includes resubdivision and, as appropriate
in this chapter, shall refer to the process of subdividing land or
to the land subdivided.
The cutting of trees over six inches in diameter measured
at 4 1/2 feet above the ground.
Any hotel, motel, resort, tourist cabin, bed-and-breakfast
or inn designed to house the general public (excluding travel trailers,
travel vehicles or motor homes).
Any man-made or natural place of interest open to the general
public and for which an admittance fees is usually charged, including
but not limited to animal farms, amusement parks, replicas of real
or fictional places, things or people, and natural geological formations.
Any portable vehicle, including a tent camper or motor home,
which is designed to be transported on its own wheels, and which is
designed and intended to be used for temporary living quarters for
travel, recreational or vacation purposes, and which may or may not
include one or all of the accommodations and facilities customarily
included in a mobile home.
A parcel of land under single ownership which is designed
and improved for use by two or more travel trailers.
Combustible solids, liquids or gases, including but not limited
to butane, propane, gasoline, kerosene, alcohol or other combustible
substance.
Any area for the disposal of garbage, refuse and other wastes,
including sanitary landfills and dumps, other than an on-site disposal
area directly associated with an industrial use.
Any building, structure or area where sewage is treated.
Any dam, impoundment, dike, rip-rap or other structure or
channelization or dredging activity designed to alter or regulate
the natural flow or condition of rivers or streams or the natural
level or condition of lakes or ponds.
Any land which is annually subject to periodic or continual
inundation by water and commonly referred to as a "bog," "swamp,"
or "marsh," which is either (a) one acre or more in size, or (b) located
adjacent to a body of water, including a permanent stream, with which
there is free interchange of water at the surface, in which case there
is no size limitation.
An unoccupied space open to the sky, on the same lot with
a building or structure.
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A yard that extends the full width of the lot and is situated
between the adjacent highway right-of-way and building projected to
the side lines of the lot. The depth of the front yard shall be measured
between the building and the highway right-of-way line. Covered porches,
whether or not enclosed, shall be considered as part of the main building
and shall not project into a required front yard. When a building
is situated on a corner lot which abuts two streets, the lot will
be determined to have two front yards, one side yard and one rear
yard. When a building is situated on a corner lot which abuts three
streets, the lot will be determined to have three front yards and
one rear yard. When a building is situated on a lot that extends through
to another street, the lot shall be determined to have two front yards
and two side yards.
A yard that extends the full width of the lot and is situated
between the rear line of the lot and the building projected to the
side lines of the lot. The depth of the rear yard shall be measured
between the rear line of the lot and the building, including any covered
porches, whether or not enclosed.
A yard that is situated between the side line of the building
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, including
any covered porches, whether or not enclosed.
B.
Any term in this chapter which is not defined in this
or other sections of this chapter shall carry its customary meaning.
C.
The definition provided within "The (latest) Illustrated
Book of Development Definitions" shall be available to supplement
and assist in the application of the provisions of this chapter wherever
this chapter shall fail to provide its own definition or meaning.
In the event that local law, Town Code, Town ordinance or Zoning Board
of Appeals interpretation defines, authorizes or provides a clear
definition, stricter requirement, interpretation or specification,
such Town Code, Town ordinance or Zoning Board of Appeals interpretation
shall prevail.
[Added 6-3-2008]