Village of Saranac Lake

ABANDON

To cease, for more than one year and one day, the use and maintenance of land, buildings or structures which have accommodated nonconforming uses; or to change from one nonconforming use to another; or to change from a nonconforming use to a conforming use.

ACCESS

The place, means, or way by which pedestrians and/or vehicles shall have safe, adequate, and usable ingress and egress to a property, structure, or use.

ACCESSORY OUTDOOR STORAGE

The keeping, in an unenclosed area, of any goods, material, merchandise or vehicles incidental to the principal use, for more than 24 hours.

ACCESSORY STRUCTURE

A structure which is customarily incidental and subordinate to the principal building (i.e., detached garages, sheds, etc.). Accessory structures may include structures necessary for providing wind or solar power to the principal building.

ACCESSORY USE

A use of a building/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 and that customarily accompanies or is associated with such principal land use or development. Examples of accessory uses include, but are not limited to:

A. A secondary dwelling of 550 square feet or less;

B. The parking of tenant-owned cars in the parking lot of an apartment building;

C. A home occupation in a residential area;

D. An employee cafeteria in an office building;

E. A warehouse space of a manufacturing facility, etc.

ACRE

A unit of land area containing 43,560 square feet.

ACTIONS

Projects or physical activities, such as construction or other activities that may affect the environment by changing the use, appearance or condition of any natural resource or structure, that:

A. Are directly undertaken by an agency; or

B. Involve funding by an agency; or

C. Require one or more new or modified approvals from an agency or agencies;

D. Are agency planning and policy-making activities that may affect the environment and commit the agency to a definite course of future decisions;

E. Are adoption of agency rules, regulations and procedures, including local laws, codes, ordinances, executive orders and resolutions that may affect the environment; and

F. Are any combinations of the above.

ADDITION

An extension or increase in the floor area, number of stories (floors), or height of a building or structure.

ADIRONDACK ARCHITECTURE

Refers to the rugged architectural style generally associated with many buildings within the Adirondack Mountain area of Upstate New York, many of which are utilized and referred to as "great camps." Other uses include commercial and common residential. The builders used native building materials, such as pine, cedar and spruce woods, and often provided rustic appearances which incorporate many highly craftsmen-like details, while avoiding the costs and time costs of importing materials from elsewhere. Saranac Lake is home to many builders and craftsman specializing in the construction of Adirondack architecture throughout the Saranac Lake chain of lakes, Lake Placid and the St. Regis Lakes. Elements such as whole, split, or peeled logs, bark, roots, and burls, along with native granite and fieldstone were used to build interior and exterior components. Massive fireplaces and chimneys built of cut stone are also common with this architecture. The use of native building materials was not only for promoting a natural appearance but also to avoid the expense of transporting conventional building materials into a remote location. Design elements of Adirondack architecture often include one or more of the following features:

A. Wood siding, either vertical or horizontal (and often a combination thereof), varieties of which include the native variety of log slab siding often referred to by locals as "brainstorm," as well as cedar shakes and "shingle style" details.

B. Stone, either natural or cut, laid upon the foundation as a base for the first floor; a skirting for all or parts of a building.

C. Heavy timber or log corbels, trusses, brackets, columns or gables, often with relatively intricate designs.

D. Gabled roofs of all pitches.

E. Shed roofs, interspersed within or between gabled roofs, as dormer roofs, porch roofs or extension roofs.

F. Large eaves to keep snow and rainfall away from the foundations.

G. Intricate roof gable work that may include logs, heavy timbers, corbels, and truss-work, whether functional or ornamental.

H. Towers or turrets.

I. Decks, porches, balconies at all levels with heavy timber, long and/or twig railings.

J. Fenestration allowing maximum view shed viewing which may include transoms or specialized fenestration above normally heighted windows to in-fill cathedral-like, vaulted or elevated ceilings to facilitate the view and natural sunlight.

K. Siding finishes of stain or paint, generally of earth tones.

ADIRONDACK PARK AGENCY (APA)

A state governmental agency created in § 803 of Article 27 of the Executive Law of the State of New York to develop long-range land use plans for both public and private lands within the Adirondack Park.

ADIRONDACK PARK AGENCY ACT

Article 27 of the Executive Law of the State of New York, including any future amendments thereto.

ADIRONDACK PARK or PARK

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.

ADULT ENTERTAINMENT

A commercial facility or business enterprise having as a substantial portion of its activity characterized by emphasis on the description or depiction of specified anatomical areas or specified sexual activities, of live shows, motion-picture films or sound recordings presented by coin- or slug-operated, or electronically or mechanically controlled, still or motion-picture machines, projectors or other image-producing devices; any business whose entertainers or waiters and waitresses appear in a state that displays any specified anatomical areas; or any business enterprise that offers services requiring the client or customer to display any specified anatomical areas, except medical clinics or hospitals. Note: The definition as listed above is provided solely as a clarification of the meaning of the term used in the definition of "arts activities" and "arts spaces." All adult entertainment uses of any kind are prohibited in the Village of Saranac Lake.

AEROBIC COMPOSTING

The process of decomposition of organic matter in an environment with oxygen present. The microorganisms responsible for the decomposition consume oxygen and produce carbon dioxide. This type of composition is known to produce little or no offensive odor.

AGENCY

Any board, department, office, other body or officer of the Village of Saranac Lake.

AGRIBUSINESS

Sale of agricultural products, including but not limited to crop-based goods (i.e., corn, potatoes, tomatoes, etc.) and dairy-based goods (i.e., milk, eggs, etc.) for a fee.

AGRICULTURAL USE

Use of land for agricultural purposes, including farming, growing and harvesting crops, dairying, pasturage, horticulture, floriculture, viticulture and animal and poultry husbandry, and including the construction, alteration or maintenance of fences, agricultural roads, agricultural drainage systems and farm ponds and including the necessary accessory structures for packing, treating, storage or production, including any barn, stable or other building or structure directly and customarily associated with agricultural use.

ALTERATION

Any construction or renovation to an existing building or structure other than a repair or addition.

AMBULANCE SERVICE

A facility which transports any sick or injured person from the scene of any accident, disaster or emergency situation to a hospital, clinic or other location where professional medical care is available. The service may also provide nonemergency interfacility transport of injured or sick patients.

AMUSEMENT AND RECREATION SERVICES

The provision of entertainment, either wholly enclosed in a building, or outside a building, for a fee.

ANAEROBIC COMPOSTING

The process of decomposition of organic matter in an environment with little or no oxygen present. The microorganisms responsible for the decomposition do not need oxygen. This method of composting decomposes compostables more slowly than aerobic composting and is known to produce hydrogen sulfide and ammonia-like compounds which have offensive odors.

ANTIQUE SHOP

A commercial facility or home occupation selling items constructed and/or manufactured in an earlier period of time which have demonstrated some level of collectability and/or continued value.

APPURTENANT STRUCTURES

The visible, functional, or ornamental objects which are attached to a building.

AREA OF SHALLOW FLOODING

A designated AO, AH or VO Zone on a community's Flood Insurance Rate Map (FIRM) with a one-percent or greater annual chance of flooding to an average annual depth of one to three feet, where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

AREA OF SPECIAL FLOOD HAZARD

The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year. This area may be designated as Zone A, AE, AH, AO, A1-A30, A99, V, VO, VE OR V1-V30. It is also commonly referred to as the "base floodplain" or "one-hundred-year floodplain."

ARTISAN WORKSHOP

A commercial facility or home occupation primarily selling items of a unique and artistic nature which are constructed and/or manufactured on the premises, but not producing noisy or otherwise objectionable disturbances such as vibration, dust, odors, or heavy truck traffic, and not involving the use of heavy machinery or mass production. This includes artisans such as a glassblower, woodworker, portrait painter and jewelry maker.

ARTS ACTIVITIES

Includes commercial arts and art-related business service uses, including but not limited to recording and editing services, small-scale film and video developing and printing; titling; video and film libraries; special-effects production; fashion and photo stylists; production, sale and rental of theatrical wardrobes; and studio property production and rental companies performance, exhibition, rehearsal, production, post-production and some schools of any of the following: dance, music, dramatic art, film, video, graphic art, painting, drawing, sculpture, small-scale glass works, ceramics, textiles, woodworking, photography, custom-made jewelry or apparel, and other visual, performance and sound arts and craft. Arts activities exclude accredited schools and accredited post-secondary educational institutions, and any form of adult entertainment.

ARTS SPACES

Includes studios, workshops, galleries, museums, archives and theaters, and other similar spaces customarily used principally for arts activities. Arts spaces shall exclude any form of adult entertainment.

ASSISTED-LIVING RESIDENCE (ALR)

A certified adult home or enriched housing program that has additionally been approved by the DOH for licensure as an ALR. An operator of an ALR is required to provide or arrange for housing, twenty-four-hour on-site monitoring, and personal-care services and/or home-care services in a home-like setting to five or more adult residents.

ATHLETIC FACILITY, OUTDOOR

Recreational buildings, courts, fields, gymnasiums, rinks, and other structures used for playing indoor and/or outdoor sports.

AUTOMOTIVE DEALER

The principal use of any building, land area, or other premises for the display, sale, rental or lease of new or used automobiles (but may include light trucks, or vans, trailers, or recreation vehicles), and including any vehicle preparation, warranty, or repair work conducted as an accessory use.

AUTOMOTIVE REPAIR/SERVICE

The principal use of a building, land area, or other premises for commercial repair, servicing, rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, body and fender work, welding, painting, straightening, sanding and steam cleaning of vehicles.

AUXILIARY USE

See "accessory use."

BANK

An establishment chartered by the state and federal government to conduct financial transactions, including deposit and withdrawal of funds, cashing checks, making loans, and maintaining depositories.

BANK, DRIVE-THROUGH

An establishment chartered by the state and federal government to conduct financial transactions, including deposit and withdrawal of funds, cashing checks, making loans, and maintaining depositories where such transactions may occur between the establishment and the person(s) in a vehicle.

BASE FLOOD

The flood having a one-percent chance of being equaled or exceeded in any given year.

BASEMENT

That portion of a building having its floor subgrade (below ground level) on all sides.

BED-AND-BREAKFAST

An owner-occupied private dwelling in which at least one and not more than five rooms are offered for rent for transient occupancy, in which overnight lodging and meals are offered to such occupant(s) for a period not to exceed 30 days and in which services are only provided to such occupants and not the general public.

BEDROOM

Any room or space used or intended to be used for sleeping purposes in either a dwelling or sleeping unit.

BOARDINGHOUSE

See "rooming house."

BOAT STORAGE, COMMERCIAL

A place, site, building or structure used to store three or more vessels on any one lot for a fee, including any rental of private residential docks.

BOAT STORAGE, PRIVATE

A place, site, building or structure used to store less than three vessels on any one lot that are registered to the owner of the lot on which they are placed.

BOATHOUSE

An accessory structure which has direct access to a body of navigable water and:

A. Is used for the storage of vessels and associated equipment;

B. Does not have bathroom or kitchen facilities; and

C. Is not designed or used for lodging or residency.

BREWPUB

An establishment where beer and malt beverages are made on the premises in conjunction with a restaurant or tavern use.

BUFFER AREA

Open spaces, landscaped areas, fences, walls, berms, or any combination thereof used to physically separate or screen one use or property from another or from a street so as to visually shield or block noise, lights, or other nuisances.

BUILDABLE LAND

The area of a lot remaining after subtracting the area encompassing freshwater wetlands as mapped pursuant to federal, NYSDEC and/or APA-designated wetlands; wetland buffers as defined by NYSDEC or APA; slopes of 15% or greater; or hydric soils identified on the United States Department of Agriculture Soil Survey for Essex and/or Franklin County.

BUILDING

Any structure having a roof supported by columns or walls and over 144 square feet in size intended for the housing, shelter or enclosure of persons, animals or property.

BUILDING CODE

The New York State Uniform Fire Prevention and Building Code as promulgated by the New York State Building Code Commission pursuant to Article 18 of the New York Executive Law.

BUILDING FOOTPRINT

The area encompassed by a building's outer wall at ground level.

BUILDING HEIGHT

The vertical distance measured from the lowest point of the existing or finished grade (whichever is lower) adjacent to the foundation to the uppermost portion of the building or structure, excluding chimneys or other appurtenant structures.

BUILDING INSPECTOR

The officer duly authorized to enforce in the Village of Saranac Lake Building Code and the NYS Fire Prevention and Building Code.

BUILDING LINE, FRONT

The line of that wall of the building nearest the front line of the lot. This front wall includes sun parlors, covered porches and edges of uncovered decks, whether enclosed or open, but does not include steps and railings. Side and rear building lines involving side and rear walls shall be determined in the same manner.

BUILDING MATERIAL SUPPLY

The storage and sale of goods relating to the construction of buildings and related structures.

BUILDING, ACCESSORY

A subordinate building in which an accessory use is conducted.

BUILDING, MULTI-USE

A building containing two or more distinct principal uses.

BUILDING, PRINCIPAL

A building in which is conducted the most consequential use of the lot.

BUILDING/STRUCTURAL COVERAGE

That percentage of the plot or lot area covered by the combined area of all buildings or structures on the lot.

CALIPER

The diameter of a tree trunk measured in inches at breast height (dbh) or 4 1/2 feet above grade.

CAMPGROUND

Any area providing a site or sites for the temporary parking or erection of occupied travel or pop-up trailers, motor homes, truck campers and tents, and all buildings and facilities pertaining thereto.

CAMPING

The use of a property as a site for sleeping outside; or for the temporary parking of occupied travel or pop-up trailers, motor homes, truck campers, tents, and all buildings and facilities pertaining thereto to serve as temporary residences.

CANNABIS CULTIVATION FACILITY

A facility that may include, but is not limited to, the agricultural production practices of planting, growing, cloning, harvesting, drying, curing, grading, and trimming cannabis, pursuant to the New York State Marihuana Regulation and Taxation Act.

CANNABIS DISTRIBUTOR

A cannabis facility that sells at wholesale any cannabis product, except medical cannabis, pursuant to the New York State Marihuana Regulation and Taxation Act.

CANNABIS FACILITY

A cannabis retail dispensary, cannabis cultivation facility, cannabis distributor, cannabis nursery, cannabis processing facility, on-site cannabis consumption facility, or a cannabis microbusiness, operating pursuant to the New York State Marihuana Regulation and Taxation Act.

CANNABIS MICROBUSINESS

A cannabis facility operating pursuant to the New York State Marihuana Regulation and Taxation Act and which includes two or more of the following activities in one facility: cultivation, processing, distribution, delivery, and retail sales.

CANNABIS NURSERY

A cannabis facility operating pursuant to the New York State Marihuana Regulation and Taxation Act that produces only clones, immature plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation of cannabis by licensed adult-use cannabis cultivators, microbusinesses, cooperatives, and registered organizations for commercial use or sale.

CANNABIS PROCESSING FACILITY

A cannabis facility that may include, but is not limited to, blending, extracting, infusing, packaging, labeling, branding and otherwise making or preparing cannabis products requiring a license pursuant to the New York State Marihuana Regulation and Taxation Act.

CANNABIS RETAIL DISPENSARY

A retail facility for the sale of cannabis products, requiring a license pursuant to the New York State Marihuana Regulation and Taxation Act.

CAR WASH

A structure containing facilities for washing automobiles and automatic or semiautomatic application of cleaner, brushes, rinse water and heat for drying on a commercial basis.

CARPORT

A roofed structure, providing space for the parking of motor vehicles, with no walls on at least three sides.

CEMETERY

A delineated place operated and maintained by a church or governmental agency or others that provide burial or end-of-life services, including a crematorium, columbaria, and aboveground storage vaults.

CHANGE OF OCCUPANCY

A change in the purpose or level of activity within a building or structure that involves a change in the application of the requirements of the New York State Uniform Fire Prevention and Building Code.

CHEMICAL AND PETOLEUM STORAGE

The keeping of bulk quantities of petroleum and other liquid chemicals in outdoor tanks or other similar structures.

CHICKEN COOP

An enclosed structure, for housing or sheltering chickens, which contains nesting boxes for the chickens to sit in while laying their eggs as well as perches for the chickens to use while sleeping; sometimes called a "hen house."

CHICKEN PEN

An open-air, outdoor area connected to or surrounding the coop which is surrounded with wire or mesh screening to cage and protect chickens from predators as they range outside the coop.

CINEMA

A facility where motion pictures are shown to the public for a fee. The facility may encompass one or multiple theaters.

CLASS A REGIONAL PROJECT

A land use or development which is classified and defined as such in § 810(1) of the Adirondack Park Agency Act.

CLASS B REGIONAL PROJECT

A land use or development which is classified and defined in § 810(1) of the Adirondack Park Agency Act.

CLEARCUTTING

To cut all the trees on a lot, in a stand of timber, or within a specified area.

CLUB or LODGE

A building or portion thereof or premises owned and/or operated by a corporation, association, person or persons for a social, educational or recreational activity, but not primarily for profit or to render a service which is customarily carried on as a business.

CLUSTER DEVELOPMENT

A subdivision design, pursuant to § 7-738 of the New York State Village Law, that allows lots to be reduced in size, provided the total development density does not exceed that which could be constructed on the site using a conventional subdivision layout, and further provided that the remaining land is dedicated as permanent open space.

COASTAL AREA

That portion of New York State coastal waters and adjacent shorelands, as defined in Article 42 of the Executive Law, which is located within the boundaries of the Village of Saranac Lake, as shown on the coastal area map on file in the office of the Secretary of State and as delineated in the Village of Saranac Lake Local Waterfront Revitalization Program.

COASTAL ASSESSMENT FORM (CAF)

The form used by an agency to assist it in determining the consistency of an action with the Local Waterfront Revitalization Program.

COASTAL HIGH-HAZARD AREA

An area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high-velocity wave action from storms or seismic sources. The area is designated on a firm as Zone V1-V30, VE, VO or V.

COLLEGE, PRIVATE

A private educational institution authorized by the state to award associate, baccalaureate, or higher degrees under accredited curriculum. Associated services may include student housing, dining, sports/recreational activities and support/administrative functions and facilities.

COMMERCIAL SAND AND GRAVEL EXTRACTION

Any extraction from the land of more than 50 cubic yards in any two-year period of sand, gravel, or topsoil for the purpose of sale or use by persons other than the owner of the land or for the purpose of use by any municipality.

COMMERCIAL USE

The use of a parcel of land/building for the purpose of retail/wholesale business or trade of products or commodities; the provision of services or entertainment; and the preparation, processing, or repair of such articles, substances or commodities for on-premises transactions carried on for a fee. These uses are listed under the "Commercial" land use type in Schedule 1, Allowed Uses.

COMMON OPEN SPACE

An area of land, within a site designated for development, which is designed, intended and reserved for the users of the development. Common open space may include such complementary structures and facilities as are appropriate for the needs of the users of the development.

COMMUNITY BENEFIT

Open space, housing for persons of low or moderate income, parks, elder-care day care or other specific physical, social or cultural amenities, or cash in lieu thereof, of benefit to the residents of the community authorized by the Village of Saranac Lake Board of Trustees.

COMMUNITY DEVELOPMENT DIRECTOR (DIRECTOR)

The person appointed by the Saranac Lake Village Board of Trustees to administer and enforce this code.

COMMUNITY FACILITY

A building or structure owned and operated by a governmental entity or not-for-profit organization to provide a public or semipublic service, such as libraries, museums, governmental buildings, firehouses and churches.

COMMUNITY GARDEN

A shared green space which is planned, designed, built and maintained by community members for the enjoyment of the entire community and used for the growing of flowers, fruits and/or vegetables, with no retail sale of these flowers, fruits or vegetables from the site of the garden. Community gardens may be solely used to raise food for gardeners and/or the surrounding community, a decorative formal garden, or an educational facility.

COMMUNITY HOUSE

A community house is a residential dwelling unit where individuals are not handicapped as per the Federal Fair Housing Act but where, due to the particular needs of the resident individuals, a joint living arrangement is necessitated and where the individuals are under sponsorship or care of a public, nonprofit, or for-profit agency where the sponsor or caretaker provides, or arranges for, the provision of varying degrees of personal supervision and/or care in a residential environment, such as a halfway house, a personal-care residence, a community transitional facility, or any other such facility that provides such services. A community house shall not exceed eight beds. The following are not considered community houses: group homes, fraternities, sororities, dormitories, convents, communes, apartments, boarding and rooming houses, tourist homes, and hotels and motels. See Article XIV: Supplemental Standards, for specific provisions.

COMMUNITY SERVICES

The provision of public utilities and activities that are integral to the operations of governmental, educational and institutional entities, including but not limited to health maintenance and medical treatment; public sewer collection and treatment functions; water treatment and distribution functions; treatment and care facilities for disabled persons, etc.

COMPLETE STREETS

A set of policies that directs site designers, transportation planners, engineers, and public works departments to consistently design and maintain roadways with all users in mind. Complete streets are designed and operated to enable safe access for all users. Pedestrians, bicyclists, motorists and transit riders of all ages and abilities must be able to move safely and comfortably along and across a complete street.

COMPOSTABLES

The solid organic constituents of leaves, grass clippings, evergreen needles, plants, branches, brush, vegetative prunings and garden and yard waste. For the purposes of this code, all other materials are noncompostables. Noncompostables include but are not limited to the following: inorganic material, paper sludge, sewage sludge, sludge, septage, bio-solids, food, animal products and carcasses, human wastes, medical wastes, animal wastes, construction and demolition debris and any other wastes not listed in the first sentence of this definition. Noncompostables are not permitted in a composting facility.

CONSERVATION SUBDIVISION DESIGN (CSD)

Conservation subdivisions are characterized by common open space and clustered compact lots. The purpose of a conservation subdivision is to protect open space and natural resources while allowing for the maximum number of residential lots under current zoning and subdivision regulations.

CONSISTENT

That the action will fully comply with the Local Waterfront Revitalization Program policy standards and conditions and, whenever practicable, will advance one or more of them.

CONTOUR INTERVAL

The change in elevation represented by the space between two adjacent topographic rings on a topographic map.

CONTRACTOR STORAGE YARD

An area, buildings and or structures used for the keeping of equipment, heavy equipment, materials, and vehicles relating to building construction and/or excavation.

CONTRACTUAL ACCESS

The right of a nonresident of a parcel or lot to use such parcel or lot as a means to utilize some feature or resource where said right is granted to a nonresident through membership in an organization or club or by legal contract or deed stipulation.

CONTRIBUTING FEATURE

An element of a building, structure or landscape that adds to the historic association, historic architectural quality, or archaeological values for which a property is significant because it was present during the period of significance, relates directly to the documented significance, and possesses historic integrity.

DAY CARE, COMMERCIAL

A program or facility that is not located in a residence in which child day care is provided.

DAY CARE, RESIDENTIAL

A program that is in an owner-occupied residence in which child day care is provided. The home shall be operated in accordance with § 106-93: Home occupations of this Code.

DEDICATED OPEN SPACE

Lands, within or related to a development, that are intentionally set aside to be preserved as open space and which are designed and intended for the common use of and often for the enjoyment of the residents of the development. These are lands intentionally set aside for the protection of unregulated open space such as woodlands, farmland, and scenic view sheds. These lands may include complementary structures and improvements and regulated lands. Public access may be permitted through easements or other means.

DEMOLITION

The destruction and physical removal of any structure or portion of a structure.

DENSITY

The number of principal dwelling units per unit area of land.

DENSITY CALCULATION AREA

The total area of land subject to the application minus the regulated lands. The lot density is derived by dividing the density calculation area by the minimum lot size of the underlying zoning district.

DEVELOPMENT

Any building, construction, addition, alteration, change of occupancy, renovation, mining, extraction, dredging, filling, excavation, or drilling activity or operation; any material change in the use or appearance of any structure or in the land itself, including but not limited to the division of land into parcels; any change in the intensity or use of land, such as an increase in the number of dwelling units in a structure or a change to a commercial or industrial use from a less intensive use; any land disturbance or human activity that alters a shore, beach, river, stream, lake, pond, canal, marsh, woodlands, wetland, rare or endangered species habitat, aquifer or other resource area, including shoreline construction or other activity.

DEVELOPMENT BOARD

The Board appointed by the Board of Trustee of the Village of Saranac Lake with the powers set forth in the Village Law and the Village of Saranac Lake Development Code,

DIAMETER AT BREAST HEIGHT (DBH)

The diameter of a tree trunk measured at a point 4.5 feet above ground level.

DIRECT ACTION

An action planned and proposed for implementation by an agency, such as, but not limited to, a capital project, rule-making, procedure-making and policymaking.

DIRECTOR

The Director of Community Development for the Village of Saranac Lake as appointed by the Village Board of Trustees and empowered with the lawful and proper administration of this code.

DISTURBANCE

Any physical activity which results in the modification of topography by cutting or filling, stripping of topsoil, and/or placing of physical structures or improvements thereon.

DOCK

A structure, whether affixed or floating, placed in or upon a lake, pond, river, stream or brook and which provides a berth for watercraft and/or a means of pedestrian access to and from the shoreline. This shall include boathouses, piers, and wharves, crib docks, stake docks, floating docks and all such similar structures.

DOUBLE-FACED SIGN

A sign on which two sides are visible, either back to back or attached at an angle no greater than 45°. Two sign faces attached at an angle greater than 45° shall be considered a single-faced sign.

DRIVING RANGE

A tract of land designed and used for driving golf balls.

DWELLING UNIT

One or more rooms, designed, occupied, or intended for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities for the exclusive use of a singly family maintaining a household.

DWELLING UNIT

A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

DWELLING UNIT, SECONDARY

A dwelling unit, 500 square feet or less, either in or added to a single-family dwelling, or in a separate accessory building on the same lot as the principal dwelling, for use as a complete and independent housekeeping unit. Such a dwelling shall be clearly accessory and incidental to the principal dwelling.

DWELLING, CONDOMINIUM

A form of dwelling ownership that involves a building, or group of buildings, in which residential units, offices, or floor area are owned individually and the structure, common areas, and facilities are owned by all the owners on a proportional, individual basis.

DWELLING, MANUFACTURED HOME

A factory-manufactured dwelling unit built on or after June 15, 1976, and conforming to the requirements of the Department of Housing and Urban Development (HUD) Manufactured Home Construction and Safety Standards, 24 CFR Part 3208, 4/1/93, transportable in one or more sections, which in the traveling mode is eight feet (2,438 mm) or more in width or 40 feet (12,192 mm) or more in length, or, when erected on site, is 320 square feet (29.7 m2) minimum, constructed on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein. The term "manufactured home" shall also include any structure that meets all the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Federal Department of Housing and Urban Development and complies with the standards established under the national Manufactured Housing Construction and Safety Act of 1974, as amended. The term "manufactured home" shall not include any self-propelled recreational vehicle. Manufactured homes are not considered to be single-family dwellings.

DWELLING, MULTIFAMILY

A building or portion thereof containing three or more entirely separate dwelling units separated by walls and/or floors and designed for occupancy by three or more families living independently of each other. The dwelling units may be owned in common or separately but shall not include townhouses as defined below.

DWELLING, SINGLE-FAMILY

A detached building containing one dwelling unit designed for occupancy by one family. Manufactured homes (mobile homes) are not considered to be single-family dwellings.

DWELLING, TOWNHOUSE (ROW HOUSE)

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 is located over another unit, and each unit is separated from any unit by one or more vertical, common, fire-resistant walls. Townhouses shall include separate fee ownership of the land underlying each unit but may also include commonly owned lands associated with the townhouses.

DWELLING, TWO-FAMILY

A detached building containing two entirely separate dwelling units that are structurally connected and designed for occupancy by two families. Two-family dwellings may include remodeled single-family dwellings, row houses or other similar buildings.

EASEMENT

A legally binding document which provides the grantee with specific entitlements related to the use and enjoyment of the grantor's property.

ELDERLY HOUSING, ASSISTED

Dwellings designed for, and occupied by, at least one person 55 years of age or older per dwelling unit and which has significant facilities and care services specifically designed to meet the physical and social needs of older persons.

ELDERLY HOUSING, INDEPENDENT

Dwellings designed for, and primarily occupied by, at least one person 55 years of age or older per dwelling unit.

ELECTRIC VEHICLE CHARGING STATION

An accessory structure consisting of a public or private parking space that is served by battery-charging station equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle.

ELEVATED BUILDING

A nonbasement building which is built, in the case of a building in Zones A1-A30, AE, A, A99, AO, AH, B, C, X or D, to have the top of the elevated floor or, in the case of a building in Zones V1-V30, VE or V, to have the bottom of the lowest horizontal structure member of the elevated floor, elevated above the ground level by means of pilings, columns (posts and piers) or shear walls parallel to the flow of the water and which is adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones A1-A30, AE, A, A99, AO, AH, B, C, X or D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters. In the case of Zones V1-V30, VE or V, "elevated building" also includes a building otherwise meeting the definition of "elevated building" even though the lower area is enclosed by means of breakaway walls that meet the federal standards.

ERECT

To build, construct, attach, hang, place, suspend or affix and shall also include the painting of wall signs.

EXCAVATION

Any extraction from the land of sand, gravel, clay, shale, rock, topsoil or other natural mineral deposits. Also, see "mining."

EXTENDED-CARE FACILITY

An establishment or distinct part of an establishment licensed or approved as a nursing home by a governing agency, infirmary unit, or a home for the aged, or a governmental medical institution providing continuous personal-care services for more than 30 days.

FACADE

The exterior walls of a building exposed to public view.

FACING (or SURFACE)

The surface of the sign upon, against or through which the message is displayed or illustrated on the sign.

FAMILY

One or more persons, not necessarily related by blood, marriage, adoption, or guardianship, living together in a dwelling unit as a single housekeeping unit. For the purpose of this chapter, "family" does not include a group occupying a boardinghouse, lodging house, club, fraternity or hotel or any group of individuals who are in a group living arrangement as a result of criminal offenses.

FARMER'S MARKET

The seasonal selling or offering for sale at retail of vegetables or produce, flowers, orchard products, and similar nonanimal agricultural products, occurring in a predesignated area and/or building, where vendors are individuals who have raised the vegetables or produce or have taken the same on consignment for retail sale.

FEDERAL EMERGENCY MANAGEMENT AGENCY

The federal agency that administers the National Flood Insurance Program.

FENCE

An artificially constructed barrier of any material or combination of materials erected to enclose or screen an area of land.

FENESTRATION

The arrangement, proportioning, and design of windows and doors in a building.

FIRE DEPARTMENT

An organization consisting of personnel, apparatus and equipment which has as its purpose protecting property and maintaining the safety and welfare of the public from the dangers of fire, including a private firefighting brigade. The personnel of any such organization may be paid employees or unpaid volunteers or any combination thereof. The terms "fire prevention," "firefighting" and "fire control" relate to activities conducted by a fire department.

FLOOD

The temporary overflowing of water onto land that is usually devoid of surface water.

FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)

An official map of the community published by the Federal Emergency Management Agency as part of a riverine community's Flood Insurance Study. The "FBFM" delineates a regulatory floodway along watercourses studied in detail in the Flood Insurance Study.

FLOOD ELEVATION STUDY

An examination, evaluation and determination of the flood hazards and, if appropriate, corresponding water surface elevations or an examination, evaluation and determination of flood-related erosion hazards.

FLOOD HAZARD BOUNDARY MAP (FHBM)

An official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been designated as Zone A but no flood elevations are provided.

FLOOD INSURANCE RATE MAP (FIRM)

An official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY

See "flood elevation study."

FLOOD or FLOODING

A. A general and temporary condition of partial or complete inundation of normally dry land areas from:

(1) The overflow of inland or tidal waters.

(2) The unusual and rapid accumulation or runoff of surface waters from any source.

B. "Flood" or "flooding" also means the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in this section.

FLOODPLAIN or FLOOD-PRONE AREA

Any land area susceptible to being inundated by water from any source. (See definition of "flood" or "flooding.")

FLOODPROOFING

Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

FLOODWAY

See "regulatory floodway."

FLOOR AREA

The sum of the gross horizontal area of all floors of a building measured from the exterior faces of the exterior walls or from the center line of the walls separating two buildings. Unheated porches, terraces, cellars, basements and enclosed off-street parking areas shall not be included in calculation of floor area.

FORESTRY

The act of growing trees, harvesting timber or replanting trees that may be in accordance with a management plan endorsed by the Department of Environmental Conservation.

FORESTRY or TREE CLEAR-CUTTING

Any cutting of all or substantially all trees over six inches in diameter at breast height over any ten-year cutting cycle.

FORESTRY or TREE SELECTIVE CUTTING

The removal of a single or scattered number of trees over six inches in diameter at breast height or species of trees, on a lot, in a stand of timber, or within a specified area and not resulting in soil erosion or noticeable ground disturbance.

FORESTRY USE

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.

FUNCTIONALLY DEPENDENT USE

A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding and ship repair facilities. The term does not include long-term storage, manufacturing, sales or service facilities.

FUNERAL HOME

A building used by a licensed mortician for burial preparation, funeral and related services.

GARAGE, PRIVATE

An enclosed space for the storage of one or more motor vehicles, provided that no business, occupation or service is conducted for a fee therein and no spaces therein for more than three cars are leased to a nonresident of the premises.

GARAGE, PUBLIC PARKING

A structure or portion thereof used primarily for the parking and storage of vehicles and available to the general public.

GARDEN FENCE

A fence that is used to protect gardens from animals. Garden fences shall only enclose areas dedicated to the growing of fruits, vegetables, and ornamental flowers. Temporary garden fences may only be erected between April 15 and October 15 and may only be constructed of materials commonly used for such applications but are otherwise exempt from the provisions of this code. Permanent garden fences may be constructed of materials commonly used for such applications and may not exceed eight feet in height or be located in the front yard, and shall otherwise be subject to the provisions of this code. Temporary garden fences may be located in the front yard.

GASOLINE STATION

Any building, land area, or other premises, or portion thereof, used for the retail dispensing or sales of vehicular fuels and which may include a canopy, facilities 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.

GASOLINE STATION/RETAIL SALES

Any building, land area, or other premises, or portion thereof, used for the retail dispensing or sales of vehicular fuels and which may include a canopy, along with a retail establishment selling primarily food products, household items, newspapers and magazines, candy, beverages and a limited amount of freshly prepared foods, such as sandwiches and salads, for off-premises consumption.

GOVERNMENT OFFICE

A room or group of rooms used for conducting the affairs of units, departments or agencies of municipal, county, state or federal governments and generally outfitted with desks, tables, files, computers, and communications-related equipment.

GREENHOUSE, COMMERCIAL

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. These shall be considered an agribusiness.

GREENHOUSE, PRIVATE

An accessory 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.

GROUND SIGN

Any single or double-faced sign supported by uprights or braces placed upon the ground and not attached to any building.

GROUP HOME

A residential dwelling unit occupied by unrelated individuals as a single nonprofit housekeeping unit only if all said occupants, with the exception of supervisory personnel, are handicapped persons as defined in Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Act of 1988. Such unrelated individuals shall have the right to occupy a residential dwelling unit in the same manner and to the same extent as any family unit as defined in this section.

HEAVY EQUIPMENT REPAIR

Repair of trucks, tractors, construction equipment, agricultural implements, and similar heavy equipment. Typical uses include truck repair garages, trucking yard terminals, tractor and farm implement repair services, and machine shops, specifically excluding dismantling or salvaging of vehicles.

HIGHEST ADJACENT GRADE

The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.

HISTORIC BUILDING/STRUCTURE

A building or structure listed on or eligible for listing on state and/or national registers.

HISTORIC DISTRICT

A delineated area as listed on state and national registers.

HISTORIC STRUCTURE

Any structure that is:

A. Listed individually on the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

B. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

C. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

D. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.

HOME OCCUPATION

A domestic or service activity conducted entirely within the dwelling unit and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the residence for residential purposes and does not change the character thereof. A home occupation is an accessory use to a residential use as regulated under § 106-93: Home occupations of this code.

HOMEOWNERS ASSOCIATION

A community association that is organized in a development in which individual owners share common interests and responsibilities for costs and upkeep of common open space or facilities. The association may be responsible for enforcing certain covenants and restrictions agreed to by individual owners.

HOSPITAL

A facility or institution engaged principally in providing services by or under the supervision of a physician or, in the case of a dental clinic or dental dispensary, of a dentist, for the prevention, diagnosis or treatment of human disease, pain, injury deformity or physical condition, including, but not limited to, a general hospital, public health center, diagnostic center, treatment center, dental clinic, dental dispensary, rehabilitation center other than a facility used solely for vocational rehabilitation, nursing home, tuberculosis hospital, chronic disease hospital, maternity hospital, lying-in asylum, out-patient department, out-patient lodge, dispensary and a laboratory or central service facility serving one or more such institutions.

HOST-PREEXISTING-OWNER

A person who owns the real property within which the STR is located and has lawfully been in operation as of January 31, 2023.

HOST-RESIDENT-OWNER

A person whose legal primary residence is within the Village of Saranac Lake, and can provide proof of such residency, and owns the real property within which the STR is to be located.

HOTEL

An establishment which provides overnight sleeping accommodations for transient guests and provides customary hotel services such as maid service, the furnishing and laundering of linen, telephone and secretarial or desk service. A hotel may also provide restaurants, meeting rooms, entertainment and recreational facilities. This term includes the terms "motel" and "inn.

HOUSE RULES

A set of rules that applies to renters of an STR unit while occupying the unit, set forth by the property owner prior to any rental occurrence or lease.

HOUSEKEEPING UNIT (as in singular group)

The functional equivalent of a traditional family, whose members are a nontransient interactive group of persons jointly occupying a single dwelling unit, including the joint use of common areas and sharing household activities and responsibilities (e.g., meals, chores and expenses). This does not include a boarding house.

HUNTING/FISHING CAMP OR CABIN

A cabin, camp or lean-to or other similar structure designed and used only for occasional occupancy and primarily for hunting, fishing, and similar purposes that:

A. Is a one-story structure but may include a sleeping loft;

B. Is built on posts or piers and does not have a permanent foundation;

C. Is served by a sanitary pit privy or chemical toilet and does not have a conventional, on-site wastewater treatment system;

D. Does not have pressurized or indoor plumbing (This prohibition does not preclude a kitchen sink with appropriate grey water leach pit.); and

E. Is not connected to any public utilities (such as electric, phone, cable, water or sewer systems).

HYDRIC SOILS

Soils that are saturated, flooded, or ponded long enough during the growing season to develop anoxic conditions in the upper part of the soil profile.

IMPERVIOUS SURFACE

A surface that has been compacted or covered with a layer of material (i.e., asphalt, gravel, stone, and concrete pavers) so that it is highly resistant to infiltration by water.

INCENTIVE ZONING

The system by which specific incentives or bonuses are granted, pursuant to § 7-703 of the New York State Village Law, on condition that specific social, economic, or cultural benefits or amenities are provided to the community.

INCENTIVES or BONUS

Adjustments to the permissible density requirements of this code in exchange for a specific community benefit or amenity that provides for the significant preservation of open space in a manner not otherwise allowed by this code; these adjustments may incorporate two or more noncontiguous parcels of land.

INCIDENTAL (AND SUBORDINATE TO)

Means, for purposes of the definitions of "accessory use" and "accessory structure," a structure or use which commonly accompanies or is associated with the type of principal land use that is located on the same property.

INDUSTRIAL PARK

A tract of land that is planned, developed, and operated as a coordinated and integrated facility for a number of separate industrial uses, with consideration for circulation, parking, signage, utility needs, aesthetics and compatibility.

INDUSTRIAL USE

Those fields of economic activity including forestry, fishing, hunting and trapping; mining; construction; manufacturing; transportation, communications, electric, gas and sanitary services; and wholesale trade. These uses are listed under the "Industrial" land use type in Schedule 1, Allowed Uses.

INDUSTRY, TYPE I

A use involving the assembly, manufacturing and/or processing of a product, but not producing noisy or otherwise objectionable disturbances such as vibration, dust, odors, or heavy truck traffic, and not involving the use of heavy machinery.

INDUSTRY, TYPE II

An industrial process for the manufacturing, processing, cleaning or assembly of any product, commodity or article which is not considered light industry, but not including:

A. Refineries;

B. Cement manufacturing;

C. Slaughterhouses;

D. Explosives manufacturing;

E. Manufacture, fabrication or assembly of nuclear weapons or components of nuclear weapons;

F. Any storage, transfer, use and/or processing of toxic or hazardous wastes, including medical wastes, sewage sludge and any materials containing pathogens;

G. Any manufacture, storage, use, processing, generation and/or storage of corrosive, highly toxic, oxidizing, pyrophoric, water-reactive, highly combustible, flammable, or explosive materials that constitute a high fire, explosion or health hazard, including but not limited to loose, combustible fibers, dust and unstable material;

H. Any manufacture, storage, transportation, processing and/or any other use of any substance potentially dangerous to the public health, safety and welfare, including generation of any such material as a byproduct or waste product; or

I. The burning, gasification or other combustion or chemical conversion, by any process, of any fuel or material of any form or nature; whether solid, liquid, gaseous, or other; which would result in the generation, creation or release of heat, electricity or any other form of energy or fuel, whether directly or indirectly.

INN

See "hotel."

INTERMEDIATE-CARE FACILITY

An establishment that provides, on a regular basis, personal care, including dressing and eating and health-related care and services, for up to 30 days, to individuals who require such assistance but who do not require the degree of care and treatment that a hospital or skilled-nursing facility provides.

JUNK

Any scrap, waste, reclaimable material, or debris, whether or not stored, for sale, or in the process of being dismantled, destroyed, processed, salvaged, stored, baled, disposed of, or for other use or disposition. This may include unregistered and inoperable vehicles, tires, vehicle parts, equipment, metal, glass, building materials, household appliances, machinery, brush, wood, lumber, or other discarded materials.

JUNKYARD

Any lot, land, parcel, building, or structure, or part thereof, used for the storage, collection, processing, dismantling, purchase, sale, salvage, or disposal of junk.

KENNEL

Any place where any number of domestic animals are kept for the purpose of selling such animals and/or breeding, or boarding, the same for sale, and where the keeping, breeding, boarding and/or selling of such animals is not merely incidental to the primary use of such premises for residential occupation.

LAND DISTURBANCE

Any activity involving the clearing, cutting, excavating, filing, or grading of land or any other activity that alters existing land topography or ground cover.

LAND USE CLASSIFICATION

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.

LAND USE OR DEVELOPMENT

Any construction or other activity which materially changes the use or appearance of land or a structure. Land use and development shall not include any ordinary repairs or maintenance or interior alterations to existing structures or uses.

LANDFILL

Any disposal area or tract of land, unit or a combination, licensed or approved by the appropriate governmental agency, that is used to collect, store, handle, dispose of, bury, cover over, or otherwise accept or retain solid wastes.

LIBRARY

A facility containing books, periodical publications, internet accessibility, and data and information in electronic formats for the purpose of reading, research, study and personal and professional enrichment.

LICENSED ENGINEER

A person performing a professional service such as consultation, investigation, evaluation, planning, design or supervision of construction or operation in connection with any utilities, structures, buildings, machines, equipment, processes, works, or projects wherein the safeguarding of life, health and property is concerned, when such service or work requires the application of engineering principles and data and holding a duly authorized license from the Commissioner of the New York State Department of Education.

LINE, STREET (also RIGHT-OF-WAY (ROW) LINE)

The dividing line between the street and the lot.

LIQUOR STORE

An establishment engaged in the sale of alcoholic beverages for off-premises consumption.

LIVESTOCK

Includes, but is not limited to, horses, cattle, goats, sheep, swine, Ilamas and alpacas, fowl, ratites (such as ostriches, emus, rheas and kiwis), farmed deer, farmed buffalo and fur-bearing animals.

LOADING/RECEIVING AREA

A portion of a structure which is reserved for the primary purpose of providing structural access for the arrival and dispersal of goods and products transported by truck or rail.

LOCAL WATERFRONT REVITALIZATION PROGRAM (LWRP)

The Local Waterfront Revitalization Program of the Village of Saranac Lake, approved by the New York State Secretary of State pursuant to the Waterfront Revitalization and Coastal Resources Act (Executive Law, Article 42), a copy of which is on file in the offices of the Clerk and the offices of the Department of Community Development of the Village of Saranac Lake.

LOT

A portion or parcel of land considered as a unit devoted to a certain use or occupied by a building or a group of buildings that are united by a common interest or use, and the customary accessories and open spaces belonging to the same.

LOT AREA

The total area within the boundary lines.

LOT LINE

Any line dividing one lot from another.

LOT LINE ADJUSTMENT

The process for adjusting property lines between lawfully created lots. It is not permissible for this process to reduce the size of a lot so that it contains insufficient area and dimension to meet minimum requirements of this code.

LOT LINE, FRONT

The lot line, which abuts upon a street or highway ROW boundary, or shoreline if the principal structure faces such shoreline.

LOT LINE, REAR

The lot line opposite and most distant from the front lot line.

LOT OF RECORD

Any lot which has been established as such by plat, survey, record or deed prior to the effective date of this chapter, as shown in the records of the Village Assessor.

LOT WIDTH

The width of the lot measured at the front building line of the principal building. If no principal building exists, the lot shall be measured from the front setback line.

LOT, CORNER

A lot abutting upon two or more streets at their intersection.

LOT, FLAG

A lot with a narrow front lot line and with narrow lot width extending through the lot and then widening before reaching the rear lot line.

LOT, INTERIOR

A lot other than a corner lot.

LOT, SUBSTANDARD

A parcel of land that has less than the minimum area or minimum dimensions required in the zone in which the parcel is located.

LOT, THROUGH

An interior lot having frontage on two parallel or approximately parallel streets.

LOWEST FLOOR

The lowest floor of the lowest enclosed area, including a basement or cellar. An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's "lowest floor," provided that such enclosure is not built so as to render the structure in violation of the applicable design requirements of this chapter.

MAJOR PROJECT

A project that requires a special permit and that exceeds any of the thresholds for a minor project.

MAJOR SUBDIVISION

See "subdivision, major."

MANUFACTURED HOME

See "dwelling, manufactured home."

MANUFACTURED HOME COMMUNITY

A parcel of land under single ownership which has been planned and improved for the placement of two or more manufactured homes, appurtenant structures, or additions.

MANUFACTURED HOME LOT

A designated site within a manufactured home community for the exclusive use of the occupants of a single manufactured home.

MANUFACTURING

Establishments engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the creation of products, and the blending of materials such as oils, plastics, resins, or liquors.

MARIHUANA REGULATION AND TAXATION ACT (MRTA)

Legislation signed into law on March 31, 2021, legalizing adult-use cannabis (also known as "marijuana" or "recreational marijuana") in New York State. The legislation created a new Office of Cannabis Management (OCM) governed by a Cannabis Control Board to comprehensively regulate adult-use, medical, and hemp cannabis. The OCM will issue licenses and develop regulations outlining how and when businesses can participate in the new industry.

MARINA

A facility for the servicing, fueling, berthing, and securing of boats and which may include eating, lodging, and retail facilities for owners, staff and patrons.

MARINA, TYPE I

A. A facility which provides services or berthing places for vessels by engaging in any of the following:

(1) The sale of marine products or services, except for such sale as part of a dry land facility which does not quick-launch vessels or regularly service vessels berthed on the water;

(2) The sale, lease, rental or charter of vessels of any type;

(3) The operation of a boat launch;

(4) The offering of rides, instruction or water-based recreation for a fee;

(5) The operation of a quick-launch facility regardless of the location where the vessels are stored; or

(6) The storage, berthing or mooring of two or more motorized vessels and/or nonmotorized vessels 18 feet in length or more not registered to the owner of the property, regardless of remuneration or profit.

B. Exceptions:

(1) The use of residential or association docks, wharfs or moorings by the owner of the facility, the owner's family or the owner's gratuitous guest, or such use by a person as part of the single-family residential rental of a residence or a residential unit which includes the use of a dock, wharf or mooring;

(2) Docks, wharfs and moorings used as an accessory use to a hotel, motel, inn, housekeeping cottage, campground or recreational vehicle park, used exclusively by registered guests;

(3) Docks, wharfs, and moorings used as an accessory use to a restaurant, used exclusively by patrons while dining at such restaurant; and

(4) Docks, wharfs and moorings used exclusively by persons engaged in the sale of fishing products or the sale and service of scuba products.

C. The exceptions as listed above shall not apply to facilities which are otherwise engaged in any of the services or activities set forth in Subsection A, items (1) through (5), of this definition.

MARINA, TYPE II

Any dock, wharf or mooring made available for use by any person as a berthing place for one motorized vessel or one nonmotorized vessel 18 feet in length or more not registered to the owner of the property, regardless of remuneration or profit, except:

A. The use of residential or association docks, wharfs or moorings by the owner of the facility, the owner's family or the owner's gratuitous guest, or such use by a person as part of the single-family residential rental of a residence or a residential unit which includes the use of a dock, wharf or mooring;

B. 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;

C. Docks, wharfs, and moorings used as an accessory use to a restaurant, used exclusively by patrons while dining at such restaurant; and

D. Docks, wharfs and moorings used exclusively by persons engaged in the sale of fishing products or the sale and service of scuba products.

MASSING

The arrangement of forms, elements, or individual components of building design.

MATERIAL CHANGE

Any change in existing land use or development that:

A. Requires a special use permit, a use variance and/or an area variance; or

B. Requires site plan review and has the potential to significantly impact any of the criteria for site plan review set forth in § 106-62: Criteria for site plan review.

MATERIAL STORAGE AREA

That portion of a site routinely used for the outdoor storage of any products, goods, or raw materials.

MAXIMUM BUILDING HEIGHT

The maximum height to which a building or structure may be constructed, measured from the lowest manipulated grade to the highest point of the structure. Limitations shall not apply to belfries, church spires, cupolas, penthouses and domes which are not used for human occupancy; nor to chimneys, ventilators, skylights, water tanks and necessary mechanical appurtenances usually carried above the roof level; nor to barns, silos, monuments, transmission towers and similar structures.

MAXIMUM LOT COVERAGE

The maximum percentage of the lot area that may be covered by the combined area of all buildings, structures, or impervious surfaces on the lot.

MEAN HIGH-WATER MARK

The average annual high-water level of a body of water.

MEAN SEA LEVEL

For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.

MEDICAL CLINIC

A facility in which one or more doctors trained in the healing arts, assisted by a staff; treat patients for a length of time that does not include overnight care.

METEOROLOGICAL TOWER (MET TOWER)

Includes the tower, base plate, anchors, guy wires and hardware, anemometers (wind speed indicators), wind direction vanes, booms to hold equipment for anemometers and vanes, data loggers, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location. For the purpose of this code, met towers shall refer only to those whose purpose is to analyze the environmental factors needed to assess the potential to install, construct or erect a small wind energy system.

MINING

The excavation, stockpiling or processing of sand, gravel, clay, topsoil, rock, stone or other natural material deposits as resource material for other manufacturing processes or construction activities.

MINOR PROJECT

A project that requires a special permit and that falls below all of the following thresholds:

A. Construction of four or fewer multifamily dwelling units;

B. Construction of facilities or structures for a nonresidential use covering no more than 2,000 square feet of building footprint;

C. Minor alteration of existing structures or expansion of such structures by no more than 1,000 square feet;

D. Conversion of existing structures to another use; and

E. Alteration and active use of 5,000 square feet or less of land, with or without structures, in connection with the special permit use.

MINOR SUBDIVISION

See "subdivision, minor."

MIXED USE

The vertical development of a building with allowable uses in a compact, urban form that promotes human density and efficient use of land with a combination of residential and first-floor commercial uses as follows: retail sales, Type I; retail sales, Type II; retail store, convenience; tavern; restaurant; hotel/motel; antique shop; artisan shop.

MOBILE HOME

A factory-manufactured dwelling unit built prior to June 15, 1976, with or without a label certifying compliance with NFPA, ANSI or a specific state standard, transportable in one or more sections, which in the traveling mode is eight feet (2,438 mm) or more in width or 40 feet (12,192 mm) or more in length, or, when erected on site, is 320 square feet (29.7 m2) minimum, constructed on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein. The term "mobile home" shall not include travel trailers or any self-propelled recreational vehicle.

MODERATELY STEEP SLOPES

Those areas of land where the grade is 15% to 25%.

MODIFICATION

Any change to a building or structure that materially changes the size, type or location of the building or structure. Like-kind replacements shall not be construed to be a modification.

MOTEL

See "hotel."

MULTI-MODAL TRAIL

A pathway designed for and used by varying forms of transportation (i.e., bicycle, cross-country skiing, jogging, running, and pedestrian).

MUNICIPAL SEWER

An operational system, constructed and maintained for the collection and renovation of nonhazardous wastewater flows, which is either owned or maintained by a municipality or a public utility company.

MUNICIPAL WATER

An operational system, constructed and maintained for the purpose of distribution of potable water for general use, which is either owned or maintained by a municipality or a public utility company.

MUSEUM

A nonprofit, noncommercial establishment operated as a repository for a collection and display of historic artifacts, artistic pieces, nature-related items, sculptures, scientific or literary curiosities or objects of interest or works of art, not including the regular sale or distribution of the objects collected. A museum may include retail as an accessory use.

NATIONAL GEODETIC VERTICAL DATUM (NGVD)

As corrected in 1929, a vertical control used as a reference for establishing varying elevations within the floodplain.

NET METERING

The difference between the electricity supplied to a customer over the electric distribution system and the electricity generated by the customer's small wind energy system or solar electric system that is fed back into the electric distribution system over a billing period.

NONCONFORMING LOT

Any lot lawfully of record on the effective date of this code which does not meet the minimum lot area and/or lot width requirements of this code for the land use district in which such lot is situated.

NONCONFORMING SIGN

Any sign lawfully existing and maintained at the time of the adoption of this code but made nonconforming by the provisions hereof.

NONCONFORMING STRUCTURE/BUILDING

Any building or structure which is lawfully in existence on the effective date of this code but which is not in conformance with the location or dimensional regulations for that land use district.

NONCONFORMING USE

Any use which is lawfully in existence within a given plan district on the effective date of this code and which is not in conformance with the use regulations of this code.

NURSERY/TREE FARM, RETAIL

The growing, cultivation, storage, and sale of garden plants, flowers, trees, shrubs, and fertilizers, as well as the sale of garden tools and similar accessory and ancillary products to the general public.

NURSERY/TREE FARM, WHOLESALE

The growing, cultivation, storage, and sale of garden plants, flowers, trees, shrubs, and fertilizer to landscapers, developers, builders, and retail nurseries.

NURSING OR CONVALESCENT HOME

An extended- or intermediate-care facility licensed or approved by the appropriate governmental agency to provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.

OBSOLETE SIGN

A sign, including its frame, structure and other supporting elements, which advertises a business no longer conducted or a product no longer sold.

OFFICE

A building used primarily for conducting the affairs of a business, profession, service, industry, or like activity, and may include auxiliary services for office workers.

OFF-PREMISES SIGN

Any sign advertising or calling attention to any business or activity not located on the same continuous parcel of real estate as the sign or any sign advertising or calling attention to any commodity or service not sold or offered upon the same continuous parcel of real estate as the sign.

ONE-HUNDRED-YEAR FLOOD

See "base flood."

ONE-WAY-VISION SIGN

A sign with perforated material used on a window with graphic design and/or color on one side that is not visible from the other side. The material used on the sign may provide a clear, tinted view from one side through the window panel.

ON-SITE CANNABIS CONSUMPTION FACILITY

A facility for the on-site consumption of cannabis products, requiring a license pursuant to the New York State Marihuana Regulation and Taxation Act.

ON-SITE SEPTIC DISPOSAL

A set of components or systems that treat, convey, and dispose of domestic wastewater on the same parcel or adjoining parcel.

OPEN SPACE

Land not covered by buildings, pavement, open storage, mining operations, or any other use that visually obscures the natural or improved landscape, except for recreation facilities.

OPEN SPACE RECREATION

Any recreational activity particularly oriented to and utilizing the outdoor character of an area.

OUTDOOR FURNACE

Any equipment, device or apparatus, or any part thereof, which is installed, affixed or situated outdoors for the primary purpose of combustion of fuel to produce heat or energy used as a component of a heating system providing heat for any interior space.

OUTDOOR STORAGE, TYPE I

The keeping, in an enclosed area, of items and vehicles that are incidental to the principal residential use of a lot.

OUTDOOR STORAGE, TYPE II

The keeping, in an unenclosed area, of any goods, material, or merchandise in the same place for more than 24 hours.

OVERLAY DISTRICT

A special land use district which encompasses a delineated geographic area of the Village for the purpose of protecting, enhancing or developing one or more community resources.

OWNER

The titleholder of record of real property or, if deceased, his/her estate.

PARK

A tract of land, designated and used by the public, for active and passive recreation.

PARKING LOT, PRIVATE

An accessory use involving any parking space, other than along a street or public ROW, for the storage of more than three vehicles on a continuing basis for the exclusive use of the owners of the lot or whomever else the owner permits to use the parking lot.

PARKING LOT, PUBLIC

An accessory use involving any parking space, other than along a street or public ROW, for the storage of more than three vehicles on a continuing basis and available to the public.

PARKING SPACE

An off-street space available for the parking of one motor vehicle and having an area of not less than 162 square feet, exclusive of passageways.

PERFORMANCE STANDARDS

The specific provisions of this chapter which have been created for the purpose of fulfilling the goals and objectives of the Village of Saranac Lake Comprehensive Plan and the Village LWRP and improving the health, safety and welfare of the residents of the Village.

PERMANENT FOUNDATION

Includes footings below frost line.

PERMITTED USE

Any use allowed in this code and subject to the restrictions applicable.

PERSON

Any individual, corporation, partnership, association, trustee, the state and all political subdivisions of the state or any agency or instrumentality thereof.

PERSONAL SERVICES

Establishments primarily engaged in providing services involving the care of a person or his or her personal goods or apparel.

PHYSICAL CONSTRAINTS

The physical elements of a site (i.e., steep slopes, wetlands, hydric soils, lakes, ponds, streams, etc.) that are not conducive to the development of buildings, structures and/or roads and driveways.

PLACE OF WORSHIP

A building or structure, or group of buildings and structures, which by design and construction are primarily intended for use by groups or persons to conduct organized religious services and the accessory uses associated therewith.

PLANNED UNIT DEVELOPMENT DISTRICT

An area of land in which a variety of land use types are accommodated in an integrated and preplanned manner under more flexible standards than would normally apply under these regulations, the approval of which involves requirements in addition to those of the standard subdivision, such as building design and landscaping and open spaces.

PLAT

A map, plan or layout of the Village, or a section or subdivision thereof, indicating the location and boundaries of individual properties and streets.

POWER GRID

The transmission system, managed by publically regulated utilities, created to balance the supply and demand of electricity for consumers in New York State.

PRIMARY ENTRANCE

The point of ingress and egress most often used for entering or exiting a building. For garages, the primary entrance is the point of ingress and egress for vehicles entering or exiting the garage.

PRIMARY RESIDENCE

A person's domicile where they usually live. A primary residence is considered to be a legal residence for the purpose of income tax and voting registration.

PRINCIPAL USE

The main or primary purpose for which land or a building is used, occupied or maintained. When more than one use is on a lot, the most intense use shall be considered the main or primary use.

PRINCIPAL USE SIGN

A sign which identifies or advertises a profession, business or place where goods or services may be obtained and situated upon the premises where the sign is located.

PRINCIPALLY ABOVE GROUND

When at least 51% of the actual cash value of a structure, excluding land value, is above ground.

PRIVACY FENCE

A fence, including gates, constructed of a solid material and providing an opaque or blocked view.

PRODUCE STAND

A structure designed for the sale of farm products, such as fruits, vegetables and flowers.

PROJECTING SIGN

A double- or single-faced sign mounted to an exterior wall of a building or structure and which projects out from the wall more than six inches.

PUBLIC OR SEMIPUBLIC BUILDING

Any component building of a college, school, hospital, library, place of worship, museum, research center, rehabilitation center or similar facility, or a municipal building.

PUBLIC RIGHT-OF-WAY (ROW)

A parcel of land in public ownership open to the public for vehicular or pedestrian access.

PUBLIC SEWER AND WATER SERVICE

Any system of components, other than an individual septic tank, tile field, or individual well, that is operated by a municipality, governmental agency, public utility, or transportation corporation for the collection, treatment, and disposal of wastes and the furnishing of potable water.

PUBLIC UTILITY FACILITY

A building, structure or land use in connection with the transportation/highway functions and/or the transmission, distribution or regulation of public water, gas, electric, sewer, telecommunications, or other public utility service.

PUBLIC/INSTITUTIONAL USE

Public and quasi-public land uses such as churches, clubs, lodges, public schools, private schools, colleges, museums, fire and police stations, public utilities, and public buildings. These uses are listed under the "Public/Institutional" land use type in Schedule 1, Allowed Uses.Editor's Note: Schedule 1 is included as an attachment to this chapter.

QUICK-LAUNCH FACILITY

A facility or an activity whereby vessels are stored on land and periodically launched for use during a single boating season. The periodic storage, launching and storage of a vessel by the same person at the same location shall be presumed to be a quick-launch facility; provided, however, that the storage of a vessel on residential property for use by the owners or lessees of that property shall not be a quick-launch facility regardless of the number of times the vessel is launched and stored during a single boating season.

RAILROAD DEPOT

A building where passenger trains arrive and depart, usually equipped with facilities for the accommodations (i.e., parking lot) of passengers of the trains.

RAILWAY

A ROW accommodating the travel of trains.

REBUILDS

A placement of overhead facilities for a distance of three or more spans (four poles) or 500 feet exclusive of replacements due to casualty damage.

RECONSTRUCTION

The remodeling, renovation or rebuilding of a building or structure.

RECREATION FACILITY OR USE

A use of land, water, structures or buildings designed and equipped for the conduct of sports and leisure-time activities.

RECREATION FACILITY, PRIVATE

A recreation facility operated by a private organization and open only to members or guests.

RECREATION, ACTIVE

Leisure-time activities, usually of a formal nature and often performed with others, requiring equipment and taking place at prescribed places, sites, or fields.

RECREATION, PASSIVE

Activities that involve relatively inactive or less energetic activities, such as walking, sitting, picnicking and board and table games.

RECREATIONAL PARK TRAILERS

Residential buildings that are manufactured at an off-site facility and then transported to a site for permanent placement. It is not designed or intended for use as a permanent dwelling, sleeping place or other occupancy, but it is to provide temporary and/or seasonal living quarters.

RECREATIONAL VEHICLE

A vehicle which is:

A. Built on a single chassis;

B. Four hundred square feet or less when measured at the largest horizontal projections;

C. Designed to be self-propelled or permanently towable by a light-duty truck; and

D. Not designed primarily for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

RECYCLING CENTER

A lot or parcel of land, with or without buildings, upon which used materials are separated and processed for shipment for eventual reuse in new products.

REGULATED LANDS

Regulated lands include:

A. Freshwater wetlands as mapped pursuant to federal, NYSDEC and/or APA-designated wetlands;

B. Water sources as classified pursuant to NYSDEC stream classification system;

C. Slopes in excess of 15%; and

D. Hydric soils identified on the United States Department of Agriculture Soil Survey for Essex and/or Franklin County.

REGULATORY FLOODWAY

The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height as determined by the Federal Emergency Management Agency in a flood insurance study or by other agencies as provided in § 106-155: Use of other flood data of this chapter.

REHABILITATION CENTER

A facility that provides in-patient and/or out-patient care, treatment, and/or rehabilitation services for persons recovering from illness or injury who do not require hospitalization. Services provided may also include residential stay, recreational activities and transportation.

RELOCATIONS

Removal of existing facilities with subsequent reinstallation at an adjacent location, generally necessitated by roadway improvements or widening projects.

RENTAL

An agreement granting use or possession of a residence, in whole or in part, to a person or group in exchange for consideration valued in money, goods, labor, credits, or other valuable consideration.

RENTAL ARBITRAGE

The practice of renting or leasing properties and subletting them on STR platforms with or without knowledge or consent of the property owner.

REPAIR

The restoration to good or sound condition of any part of an existing building for the purpose of its maintenance.

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

Land uses such as single-family dwellings, two-family dwellings, multifamily dwellings, townhouses, manufactured homes, group homes, community houses, and rooming houses where the occupants are primarily permanent in nature (e.g., occupancy is greater than 30 days). These uses are listed under the "Residential" land use type in Schedule 1, Allowed Uses.Editor's Note: Schedule 1 is included as an attachment to this chapter.

RESORT HOTEL

A hotel which serves as a self-contained destination point for visitors that maximizes connectivity with Lake Flower and provides short-term visitor accommodations, restaurant facilities, conference facilities, and a range of recreation facilities and opportunities including, but not limited to water-based activities.

RESTAURANT

A place where food and drink are prepared, served, and consumed, primarily within the principal building. Seating of patrons may occur outside on an open-air and/or seasonal patio or deck.

RESTAURANT, DRIVE-THROUGH

An establishment where food and/or beverages are sold in a form ready for consumption, where all or a significant part of the consumption takes place outside the confines of the restaurant, and where ordering and pickup of food may take place from an automobile.

RESTAURANT, FAST-FOOD

An establishment whose principal business is the sale of preprepared or rapidly prepared food directly to the customer in a ready-to-consume state for consumption either within the restaurant building, off premises, or in vehicles on or off the premises.

RETAIL SALES, OUTDOOR

The display and sale of products and services, primarily outside of a building or structure, including vehicles; garden supplies, flowers, shrubs, and other plant materials; gas, tires and motor oil; food and beverages; boats and aircraft; farm equipment; motor homes; burial monuments; building and landscape materials; and lumberyards.

RETAIL SALES, TYPE I

The selling or rental of goods or merchandise to the general public or to business clients, for personal use or household consumption, and the rendering of services incidental to the sale of such goods within a building less than 2,500 square feet in size.

RETAIL SALES, TYPE II

The selling or rental of goods or merchandise to the general public or to business clients, for personal use or household consumption, and the rendering of services incidental to the sale of such goods within a building greater than 2,500 square feet in size.

RETAIL STORE, CONVENIENCE

A retail establishment of up to 5,000 square feet selling primarily food products, household items, newspapers and magazines, candy, beverages and a limited amount of freshly prepared foods, such as sandwiches and salads, for off-premises consumption.

RETAINING WALL

A wall three feet tall or higher that resists lateral pressures and limits lateral displacement caused by soil, rock, water or other materials, except that basement and vault walls that are part of a building or an underground structure shall not be considered retaining walls.

ROOMING HOUSE

A single-family dwelling unit or either unit of a two-family dwelling (duplex) wherein two or more rooms with or without cooking facilities are rented for compensation for a period of more than 30 days. Where one room is rented within a single-family dwelling unit or either unit of a two-family dwelling, it shall be considered an accessory use.

SATELLITE RECEIVING ANTENNA

A parabolic or dish-shaped device designated to receive radio waves.

SAWMILL

Any building, site or place used for the cutting or milling of raw timber into dimensional lumber.

SCHOOL

Any building or part thereof that is designed, constructed, or used for education or instruction in any branch of knowledge. Associated services may include sports/recreational activities and support/administrative functions and facilities.

SELF-SERVICE STORAGE FACILITY

A building or group of buildings, consisting of individual, self-contained space, that are leased or owned for the interior storage of business and household goods or wares.

SENIOR LIVING COMMUNITY

An integrated group of dwellings providing an independent-living community in which the premises, building or buildings provide congregate living arrangements in which at least one person occupying each residential unit meets the definition of elderly.

SERVICES

Facilities located on private property and/or for the specific purpose of servicing one customer.

SETBACK

The distance between the building line and any lot line.

SHADOW FLICKER

The visible flicker effect when rotating blades of a wind generator cast shadows on the ground and nearby structures, causing a repeating pattern of light and shadow.

SHARED-ACCESS DRIVE

Any privately owned curb cut and/or traveled way which provides common access to more than one property.

SHOPPING CENTER

A group of commercial establishments planned, constructed, and managed as a total entity, with customer and employee parking provided on site, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements, and landscaping and signage in accordance with an approved plan.

SHORT-TERM RENTAL (STR)

The use of a lot for the rental or lease of any, or part of any, residential use dwelling unit, for a period no more than 30 days. The STR may occur within an entire dwelling, in rooms within a dwelling, or in a separate attached or detached dwelling unit or units on the parcel. Motels, hotels, resorts, inns, and bed-and-breakfasts, as defined in this chapter, are excluded from this definition.

SHORT-TERM RENTAL PERMIT

A permit issued and renewed through the STR Permit Administrator. All applicants must be issued a special use permit by the Development Board before an STR permit can be issued for the first time.

SHORT-TERM RENTAL PERMIT ADMINISTRATOR

A person(s) designated by the Village Board to issue STR permits and annual renewals.

SHORT-TERM RENTAL UNIT

Dwelling units or rooms used as STRs.

SHORT-TERM RENTAL, NEW

An STR not lawfully in operation as of January 31, 2023.

SHORT-TERM RENTAL, PREEXISTING

An STR, as defined herein, which is lawfully in operation as of January 31, 2023 and is authorized to continue operation pursuant to the provisions of subsection 106- 14. 3 of these regulations.

SIGN

Any announcement, declaration, demonstration, display, illustration, insignia or visually communicative or expressive device used to advertise or promote the interests of any person when the same is placed in view of the general public, but does not include street and directional signs erected and maintained pursuant to and in discharge of any governmental function.

SIGN AREA

The entire face of a sign, including frame and all wall work included within the frame area. If a sign is composed of individual letters, figures or designs attached directly to the building, the space between such letters, figures or designs shall not be included as part of the sign area.

SINGLE-FACED SIGN

A sign only one side of which is visible.

SITE PREPARATION

Disturbance of land, removal of vegetation or construction of improvements to buildings or infrastructure in connection with any development.

SKI CENTER

Any trail or slope of Alpine (downhill) and/or Nordic (cross-country) 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.

SLEEPING UNIT

A room or space in which people sleep, which can also include permanent provisions for living, eating and either sanitation or kitchen facilities, but not both.

SLOPE

The degree of deviation of a surface from the horizontal, usually expressed in percent or degrees.

SOLAR COLLECTOR

An accessory structure consisting of a device, or combination of devices, or part of a device that transforms direct solar energy into thermal, chemical, or electrical energy.

SOLID WASTES

Garbage, rubbish, paper, cardboard, metal containers, yard clippings, wood, glass, bedding or crockery.

SPECIAL EVENT

An activity (occurring one or more times) involving the assembly of, or the intention of attracting, 50 or more people for cultural, ceremonial, educational, or celebratory purposes, which generates revenue and regardless of status. Such assembly includes, but is not limited to, weddings, receptions, recitals, art exhibits, religious ceremonies, limited youth activities, book readings, wine/food-tasting events, executive retreats, circuses, fairs, carnivals, festivals, auctions, fundraisers, concerts, and any event which is advertised or marketed in any form, including, but not limited to, posters, business cards, internet, and media outlets; serves an entrepreneurial purpose; includes fees/charges for goods/services (e.g., food and drink); and whenever there is an admission fee or leasing fee. This definition does not include private parties or private functions that do not meet the above-stated criteria.

START OF CONSTRUCTION

Includes substantial improvement and means the initiation, excluding planning and design, of any phase of a project or physical alteration of the property, and shall include land preparation, such as clearing, grading and filling; installation of streets and/or walkways; excavation for a basement, footings, piers or foundations; or the erection of temporary forms. It also includes the placement and/or installation on the property of accessory buildings (garages or sheds), storage trailers and building materials. For manufactured homes, the actual start means affixing of the manufactured home to its permanent site.

STEEP SLOPES

Those areas of land where the grade is 15% or greater.

STORAGE SHED

An accessory structure or building used to stow away items.

STORY

That portion of a building included between the surface of any floor and the surface of the floor next above it, or, if there is no floor above it, then the space between the floor and the ceiling next above it, and including basements intended for occupancy.

STRUCTURE

A combination of materials that form a construction for use, occupancy, or ornamentation installed above the surface of land or water.

SUBDIVISION

A division of any residential, commercial or industrial land into two or more lots, parcels or sites, for the purpose of sale, lease, license or any form of separate ownership or occupancy by any person or by any other person controlled by or under common control with any such person or 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. The sale of a landowner's entire ownership on one side of a public road or highway will not be considered a subdivision requiring approval. Any lot created pursuant to the preceding sentence will be deemed created as of the date of the conveyance which divides the land along the road or highway, providing that said lot conforms to the requirements of this code.

SUBDIVISION, MAJOR

Any subdivision of land that does not meet the definition of a minor subdivision.

SUBDIVISION, MINOR

A dividing of land into lots that does not involve any of the following:

A. A division of land resulting in more than four lots;

B. A planned unit development district (PUDD);

C. Any new public ROW; and D. The extension of any new sewer collection mains or water distribution mains.

SUBSTANTIAL DAMAGE

Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.

SWIMMING POOL

A water-filled enclosure, permanently constructed or portable, having a depth of more than 18 inches below the level of the surrounding land, or an above-surface pool, having a depth of more than 30 inches, designed, used and maintained for swimming and bathing.

TAVERN

An establishment in which alcoholic beverages are served, primarily by the drink, and where food or packaged liquors may also be served or sold. Seating of patrons may occur outside on an open-air and/or seasonal patio or deck.

TELECOMMUNICATIONS TOWER

Any structure greater than 35 feet in height which is capable of receiving and/or transmitting signals for the purpose of communications.

TEMPORARY

Continuing for a limited amount of time.

TEMPORARY USE SIGN

A sign with or without a structural frame, not permanently attached to the ground, a building or other structure, and intended to be used for a limited period of time.

TENNIS COURT, PRIVATE

An accessory use of an improved area used for playing tennis without illumination of any kind.

TIMBER HARVESTING

The periodic removal of selected, individual trees within a defined area.

TOURIST ATTRACTION

Any man-made or natural place of interest open to the general public, including but not limited to animal farms, amusement parks, replicas of real or fictional places, things or people and natural geological formations.

TOWNHOUSE

See "dwelling, townhouse."

TRADITIONAL ARCHITECTURE

Local representative traditions/style, including most of the late 19th and early 20th Century styles such as Victorian, neoclassical, shingle and bungalow styles.

TRANSFER STATION

An intermediate destination for solid waste that may include separation of different types of waste and aggregation of smaller shipments into larger ones.

TRANSIENT MANUFACTURED HOME COMMUNITY

A parcel of land used for the placement of three or more manufactured homes for occupancy on a transient basis not to exceed three months in duration.

TRAVEL TRAILER or TRAVEL VEHICLE

Any portable vehicle, including a tent camper or motor home, less than 300 square feet in size, 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 manufactured home/mobile home.

USABLE SATELLITE SIGNAL

Satellite signals from a major communications satellite that, when viewed on a conventional television set, are at least equal in picture quality to those received from local commercial television stations or by way of cable television.

USE

The purpose or activity for which land or buildings are designed, arranged or intended or for which land or buildings are utilized, occupied or maintained.

VARIANCE

A grant of relief from the requirements of this code which permits construction or use in a manner that would otherwise be prohibited by this code.

VARIANCE, AREA

The authorization by the Development Board for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations.

VARIANCE, USE

The authorization by the Development Board for the use of land for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations.

VERY STEEP SLOPES

Those areas of land where the grade is greater than 25%.

VESSEL

Any description of watercraft, other than a seaplane, used or capable of being used as a means of transportation on the water.

VETERINARY CLINIC/HOSPITAL

A facility providing health services and medical or surgical care to animals suffering from illness, disease, injury, deformity and other abnormal conditions, including related facilities such as laboratories and boarding facilities.

WALL SIGN

Includes a sign placed against or painted on a building as well as letters, numbers, characters or designs affixed directly on a building or other structure.

WAREHOUSE

A building used to store or hold products or articles for use in assembly or manufacturing or for future transfer of said product or article to another location.

WASTEWATER

Includes, but is not limited to, laundry, toilets and showers.

WETLAND

Any land that is annually subject to periodic or continual inundation by water and commonly referred to as a bog, swamp or marsh.

WIND POWER SYSTEM

An accessory structure consisting of the blades and associated mechanical and electrical conversion components mounted on top of a tower, whose purpose is to convert kinetic energy of the wind into rotational energy used to generate electricity and has a rated capacity of 25 kilowatts or less.

WIND POWER SYSTEM HEIGHT

The vertical distance from ground level to the tip of the wind generator blade when it is at its highest point.

WIND POWER SYSTEM TOWER

The monopole or guyed monopole structure that supports a wind generator.

WIND POWER SYSTEM TOWER HEIGHT

The height above grade of the fixed portion of the tower, excluding the wind generator.

WINDOW SIGN

A sign inside of a building but intended to be viewed from the outside.

WIRELESS TELECOMMUNICATIONS TOWERS AND FACILITIES (including cellular towers and related facilities)

A. A parcel of land containing a tower, sending and receiving antennas attached to the tower, and a prefabricated or modular structure or cabinets containing electronic equipment;

B. A Federal Communications Commission (FCC) licensed facility, designed and used for the purpose of transmitting, receiving and relaying voice and data signals from various wireless communications devices and equipment.

For purposes of this code, amateur radio transmission facilities and facilities used exclusively for receive-only antennas (i.e., satellite receiving antennas) are not classified as wireless telecommunications towers and facilities.

YARD, FRONT

The space within and extending the full width of the lot from the front lot line to the part of the principal building which is nearest to such front lot line.

YARD, REAR

The space within and extending the full width of the lot from the rear lot line to the part of the principal building which is nearest to such rear lot line.

YARD, SIDE

The space within the lot extending the full distance from the front yard to the rear yard and from the side lot line to the part of the principal building which is nearest to such side lot line.

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