Exhibit D: Town Code Zoning Definitions7
EXHIBIT D
Town Code Zoning Definitions
§179-2-010.Definitions and word usage.
A.For the purpose of this chapter and Chapter A183, Subdivision of Land, words used
in the present tense include the future tense, the plural includes the singular, the
word "lot" includes the word "plot," the word "building" includes the word
"structure," the word "shall" is intended to be mandatory, the word "occupied"
includes the words "designed and occupied" or "intended to be occupied."
B.Words not defined by this chapter shall have their common meaning as defined by
the most recent version of the Merriam-Webster Collegiate Dictionary, 11th
Edition.
C.As used in this chapter or in the appendixes thereto, unless the context otherwise
requires, the following terms shall have the meanings indicated:
ABANDONMENT —An intent to abandon or to relinquish and some overt act,
or some failure to act, which carries the implication that the owner neither claims
nor retains any interest in the building or use that is the subject matter of the
abandonment. A nonconforming use that is abandoned for more than 18 months
shall be required to conform to the requirements of this chapter (see Article 13,
Nonconforming Uses, Structures and Lots).
ACCESS DRIVE —A paved or unpaved surface, other than a street, which
provides vehicular access from a street or private street to a lot.
ACCESSORY STRUCTURE —A building or structure subordinate and clearly
incidental to the principal building on the same lot and used for a purpose
customarily incidental to that of the principal building. Examples of customary
residential accessory uses include storage sheds, boathouses, swimming pools,
tennis courts, basketball courts, paddleball courts and other outdoor athletic courts,
decks and garages (temporary or permanent) having an opening or doorway of
six feet in width or more. The term does not include pool pump houses under 25
square feet, or playhouses and gazebos under 120 square feet unless within the
Adirondack Park where the maximum size is 100 square feet to qualify for this
exemption.[Amended 1-28-2011 by L.L. No. 2-2011]
ACCESSORY USE —A use customarily incidental and clearly subordinate to the
main use or building and located on the same lot therewith. In no case shall such
accessory use dominate, in area, extent or purpose, the principal use or building.
Examples of customary commercial accessory uses include parking lots, loading
areas, dumpsters and electrical transformer pads.
ADIRONDACK PARK AGENCY ACT —Article 27 of the Executive Law of the
State of New York, including any future amendments thereto.
ADIRONDACK PARK AGENCY (APA)—The Adirondack Park Agency created
by §803 of Article 27 of the Executive Law of the State of New York.
ADIRONDACK PARK LAND USE AREA —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
:1
FLAG LOT —A lot not meeting minimum frontage requirements and where access
to the public road is by a private driveway on a narrow strip of land.
FLOOR AREA —All square footage, as measured from the exterior of exterior
walls of all structures on the property, including all floors of the structures, garages,
basements and attics with more than five feet of ceiling height and covered porches.
Building square footage does not include open decks, docks and that portion of
covered docks extending over water.
FLOOR AREA RATIO (FAR)—The relationship of building size to lot size,
derived by dividing the total building floor area by the lot size in square feet,
yielding a percentage.
FOOD SERVICE ESTABLISHMENT —Any establishment that prepares and
serves meals for eat-in or take-out customers. The food service component must be
the primary use in the building to fit this definition. For example, a supermarket that
prepares meals is not a food service establishment since the primary use is grocery
sales.
FORESTRY USE —Any management, including logging, of a forest, woodland
or plantation and related research and educational activities, including the
construction, alteration or maintenance of wood roads, skidways, landings, fences
and forest drainage systems.
FOREST USE STRUCTURE —Any barn, shed, garage or research, educational
or administrative building directly and customarily associated with forestry use.
FRESHWATER WETLANDS —Lands and waters lying within the boundaries of
the Town of Queensbury which are classified as a wetland by the NYSDEC, APA,
or a federal agency (US ACOE), or are confirmed as delineated in the field and/or
depicted on a site map as a wetland that is approved by the aforementioned agencies
shown on a freshwater wetlands map.
FRESHWATER WETLANDS MAP —A map depicting the boundaries of any
freshwater wetland and which has been filed with the Clerk of the Town of
Queensbury by the State Department of Environmental Conservation, Adirondack
Park Agency or other agency having jurisdiction in the regulation of wetlands, as
such map may from time to time be amended.
FRONTAGE —See "road frontage" below.
FUEL SUPPLY DEPOT —A facility which stores gasoline products for
distribution to off-site locations.
FUNCTIONAL CLASSIFICATION —A system used to group public roads into
classes according to their purpose in moving vehicles and providing access to
abutting properties.
FUNERAL HOME —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, but not including facilities for cremation.
GALLERY —A structure or building utilized for the display of art work, including
§179-2-010 §179-2-010
:14
in the zone district in which it is located. Landscaping is subject to approval by the
Town of Queensbury Planning Board where site plan review is required and subject
to review by the Adirondack Park Agency where a project is classified as a Class A
or Class B Regional Project.
LAND USE or USE —Any activity that changes the use of land in its natural state
regardless of whether such activity occurs in a structure. "Land use" shall exclude
any landscaping or grading, which is carried out for landscaping or drainage
improvement on an existing single-family dwelling/lot. Ordinary repairs or
maintenance or interior alterations to existing structures or uses shall also be
excluded from the term "land use."
LIBRARY —A collection of information, sources, resources, and services; it is
organized for use and maintained by a public body, an institution, or a private
individual.
LIGHT MANUFACTURING —Any operation which assembles, improves, treats,
compounds, or packages goods or materials in a manner which does not create a
noticeable amount of noise, dust, odor, smoke, glare or vibration outside of the
building in which the activity takes place.
LINE, STREET or ROAD —The dividing line between the street property line or
the right-of-way line and the lot.
LOADING FACILITY —A part of the site or building exclusively designed for
the loading or unloading of materials, merchandise or freight, including a platform,
loading space or dock area.
LOADING SPACE, OFF-STREET —One loading space for material,
merchandise or freight shall constitute an area not less than 12 feet in width and 30
feet in length, with a vertical clearance of 15 feet or more.
LODGE —A building used to house a social, fraternal or service organization or
group not organized or conducted for profit and which is not adjunct to or operated
by or in conjunction with a public tavern, cafe, or other place of business. A lodge
shall not have associated with it any vending stands, merchandising or commercial
activities except as required for the membership and purposes of such club. This
definition includes the terms "club," "fraternal lodge(s)," "fraternity house" and
"sorority house."
LOGGING —See "timber harvesting."
LOGGING COMPANY —A business associated with the harvesting of timber,
logging or other forest management activities where equipment, supplies,
machinery and materials are stored and maintained for use at another location.
LOT —A parcel or portion of land separated from other parcels or portions by
description, as on a subdivision map, survey map or by metes and bounds, for the
purpose of sale, lease or separate use.
LOT, BUILDING —The land occupied or capable of being occupied by a building
and its accessory buildings or by a dwelling group and its accessory buildings,
together with such open spaces as are required under the provisions of this chapter,
§179-2-010 §179-2-010
:18
MEAN HIGH-WATER MARK —The average annual high-water level of a body
of water.
MEAN HIGH-WATER MARK OF LAKE GEORGE —The fixed annual mean
high-water elevation of 320.2 feet above mean sea level.
MEAN LOW-WATER MARK OF LAKE GEORGE —The water elevation of
317.74 feet above mean sea level.
MICROBREWERY —A facility licensed by the New York State Liquor Authority
to produce or brew up to 60,000 barrels of beer annually and to conduct such other
activities as are permitted under a microbrewery license and/or such additional
permits and licenses as may be granted by the Liquor Authority to the holder
of the microbrewery license. In addition, other activities which are ancillary and
subordinate to beer brewing and production operations shall be permitted. Such
activities shall include, but shall not be limited to, offering tours of the facility to
the public; offering beer tastings; retail sales of beer for off-premises and/or on-
premises consumption (subject to receipt of any licenses or permits required by the
Liquor Authority); and/or sales of various promotional merchandise, including but
not limited to shirts, jackets, caps, clocks, signs and similar items, for the purpose
of fostering awareness of the beer brewed on the premises and/or promoting the
brewery, the Town of Queensbury and the surrounding area and/or other beers
brewed in New York State.[Added 4-1-2013 by L.L. No. 3-2013]
MINERAL EXTRACTION —Any extraction, 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 extractions, including the
construction, alteration or maintenance of mine roads, mine tailing piles or dumps
and mine drainage.
MINERAL EXTRACTION STRUCTURE —Any mine hoist; ore reduction,
concentrating, sintering or similar facilities and equipment; or administrative
buildings, garages or other main buildings or structures.
MIXED USE —The presence of multiple uses within the same complex, building,
parcel, district or zone.
MOBILE HOME —Any vehicle or similar portable structure or any part thereof
or addition thereto, with or without a foundation or wheels, jacks, skirting, wood
or masonry block supports, designed or constructed to be towed on its own chassis
use of a dock, wharf or mooring;
Docks or wharfs used as an accessory use to a hotel, motel, inn, housekeeping
cottage, campground or recreational vehicle park, used exclusively by
registered guests;
(2)
Docks, wharfs, and moorings used as an accessory use to a restaurant, used
exclusively by patrons while dining at such restaurant; and
(3)
Docks, wharfs and moorings used exclusively by persons engaged in the sale
of fishing products or the sale and service of SCUBA products.
(4)
§179-2-010 §179-2-010
:21
Subdivision of Land.
REGIONAL SUBDIVISION, CLASS A —A subdivision which is classified as a
Class B Regional Project in Section 810 of the Adirondack Park Agency Act,6 as
set out in Appendix B of Chapter A183, Subdivision of Land.
REGIONAL SUBDIVISION, CLASS B —A subdivision which is classified as a
Class B Regional Project in Section 810 of the Adirondack Park Agency Act7 and
set out in Appendix B of Chapter A183, Subdivision of Land.
RENOVATE —The change, strengthening or addition of load-bearing elements; or
the refinishing, replacement, bracing, strengthening, upgrading or extensive repair
of existing materials, elements, components, equipment and/or fixtures. This action
does not include the reconfiguration of space or painting.
REPOSSESSION FACILITY —An establishment primarily engaged in the
recovery and short-term storage of repossessed items. This type of facility may
include an office and either indoor and/or outdoor storage areas.[Added 1-28-2011
by L.L. No. 2-2011]
REQUIRED IMPROVEMENTS —Any activities or improvements required by
this chapter or the Subdivision Regulations (Chapter A183) as part of an approval,
except as may be waived by the Planning Board, including but not limited to
streets and roads, utility installations, road ditches, drainage facilities and culverts,
monuments and revegetation operations.
REPAIR —The patching, restoration, or minor replacement of materials, elements,
components, equipment or fixtures for the purposes of maintaining these materials,
elements, components, equipment, or fixtures in good or sound condition.
RESEARCH AND DEVELOPMENT FACILITY —A building in which
chemical, mechanical, physical, electrical or other research, production, design or
development of materials or processes is conducted. The definition includes the
term "laboratory."
RESIDENTIAL USE —The use of a structure or parts thereof as a permanent place
of dwelling.
RESTAURANT —A place for the preparation, serving and consuming of food and
beverages. A restaurant may include a tavern.
RETAIL BUSINESS —The offering, for a fee, of goods, services and merchandise
to the general public, excluding restaurants, taverns, motor vehicle sales and
services, boat sales, recreational vehicle sales and services, mobile and modular
home sales and services.
RETAINING WALL —A wall to maintain differences in ground elevation by
holding back a bank of material.
RIDING ACADEMY —Any establishment where horses are kept for riding,
6.Editor's Note: See Executive Law §810.
7.Editor's Note: See Executive Law §810.
§179-2-010 §179-2-010
:29