Town of Milton, NY
Saratoga County
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Words used in the present tense include the future; the singular number includes the plural and the plural number includes the singular; the word "lot" includes the word "plot"; the word "structure" includes the word "building." The term "occupied" or "used" as applied to any given building or land shall be constructed to include "arranged," "designed," "constructed," "altered," "converted," "rented," "leased" or "intended to be used or occupied." The word "shall" is mandatory and not optional.
Unless otherwise expressly stated, the following terms shall, for the purposes of this chapter, have the meaning herein indicated:
ACCESSORY FACILITY
A facility that serves the principal use and is subordinate in area, extent and purpose to the principal use. An example of such a facility includes transmission equipment.
ACCESSORY RETAIL
A retail use which is incidental to, and is customarily found in connection with, such principal use and in the same ownership as such principal use and is operated and maintained on the same zoning lot substantially for the benefit or convenience of the employees, customers, or visitors of the principal use.
ACCESSORY STRUCTURE
A structure containing less than 750 square feet, the use of which is customarily incidental and subordinate to that of the principal building and which is located on the same lot or premises. Accessory structures are not for the purpose of human habitation and include tennis courts, garages, swimming pools, garden or tool sheds, barns, greenhouses and playhouses and such elements as windmills and solar collectors. The class of structure commonly referred to as a "mobile home" shall not be utilized as an accessory structure.
ACCESSORY USE
A use subordinate or supplemental to the main use on the same lot.
ADDITION
Extension or increase in area or height of a building.
ADULT ARCADE
Premises upon which, for a consideration, one or more of the machines for viewing by five or fewer persons each are used to show film, motion pictures, videocassettes, slides or other photographic, electronic or computer generated reproductions that are characterized by an emphasis on the depiction or description of anatomical areas or sexual activity.
ADULT MARKET
Premises upon which a substantial portion (25% or more) of the merchandise offered for sale or rental consists of books, magazines, periodicals, printed matter, photographs, films, motion pictures, videocassettes, slides or other visual representations or reproductions that are characterized by an emphasis on the depiction or description of anatomical areas or sexual activity.
ADULT MOTION-PICTURE THEATER
Premises upon which, for a consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are shown and in which a substantial portion (25% or more) of the total presentation time is devoted to the showing of material characterized by an emphasis on the depiction or description of anatomical areas or sexual activity.
ADULT THEATER
Premises upon which, for a consideration, the exposure of anatomical areas or sexual activity is featured.
AGRICULTURAL BUILDING
Customary farm buildings incidental to a farm operation, including farm worker housing, barns, silos, storage sheds, corn cribs, grain bins, milk houses, animal pens and similar structures.
AGRICULTURAL DISTRICT
A legally recognized geographic area formed by one or more landowners and approved by one or more government agencies, designed to keep land in agriculture.
AIRPORT
The use of land or building or structure for facilitating the landing and handling of aircraft and their passengers and freight and without limiting the generality of the foregoing; accessory uses may include ticket offices, restaurants, bars, confections, luggage-checking facilities and parcel shipping facilities.
AIRSTRIP, PRIVATE
Land used for the purpose of landing, storing, taxiing or taking-off of private aircraft.
ALCOHOLIC BEVERAGES
Includes alcohol, spirits, liquor, wine, beer, hard cider and every liquid or solid containing alcohol, spirits, wine or beer and capable of being consumed by a human being.
ALTERATION
Any change, rearrangement or addition to a building, other than repairs; any modification in construction or in building equipment or the moving of a building or structure from one location to another.
ALTERATION, SUBSTANTIAL
Any change of use or rearrangement or addition to a building, other than repairs, or the moving of a building or structure from one location to another within the Town Center District.
ANATOMICAL AREAS
Less than completely and opaquely covered human genitals, pubic regions, buttocks and female breasts below a point immediately above the top of the areola.
ANTENNA
A system of electrical conductors that transmit or receive radio frequency waves. Such waves shall include cellular, paging and personal communication services (PCS). The frequency of these waves generally range from 10 hertz to 300,000 megahertz.
APPLICANT
The person applying for a license, permit or other Town action under this chapter.
APPLICATION
The paperwork or forms completed to apply for a license, permit or other Town action under this chapter.
AREA AND BULK REGULATIONS
The combination of standards which establish the minimum size of a lot and the maximum size of a building and its location on such lot.
AUTO SALES AND RENTAL
Any area of land, including structures thereon, where motor vehicles are stored or displayed for the purpose of sale or rental only.
AWNING
An architectural projection or shelter projecting from and supported by the exterior wall of a building and composed of a covering of rigid or nonrigid materials and/or fabric on a supporting framework that may be permanent or retractable.
BAR
A business enterprise primarily engaged in the retail sale of alcoholic beverages for consumption on premises.
BASEMENT
That space of building which is partly below grade and which has more than half of its height, measured from floor to ceiling, below the average established finished grade of the ground adjoining the building.
BED-AND-BREAKFAST ESTABLISHMENT
A dwelling having a resident on premises host in a private single-family or two-family home in which at least three and not more than 10 rooms are provided for overnight accommodation, the rates for which include breakfast and lodging only, and in which no public restaurant is maintained and no other commercial services are offered.
BED-AND-BREAKFAST HOME
A dwelling having a resident on premises host in a private single-family or two-family home in which at least one and not more than two rooms are provided for overnight accommodation, the rates for which include breakfast and lodging only, and in which no public restaurant is maintained. The bed-and-breakfast home shall not have more than five occupants as lodgers.
BEST MANAGEMENT PRACTICES (BMPs)
A defined activity or a combination of defined activities that are determined to be effective, practical means (technological, economical and institutional) of preventing or reducing the amount of water pollution generated by nonpoint sources to a level compatible with water quality goals. Examples of BMPs include but are not limited to road building, soil management, channel/stream crossings, vegetation control, sediment/erosion control and buffer zones.
BUFFER ZONE
A strip of land established and suitably developed with fencing, berms or natural vegetation.
BUILDABLE AREA
The space remaining on a lot after meeting its natural constraints, including steep slopes (in excess of 15%), wetlands, floodplains, the requirements of the stream corridor overlay and the minimum open space requirements (coverage, yards and setbacks) have been met.
BUILDING
A structure wholly or partially enclosed within exterior walls or within exterior and party walls and a roof, affording shelter to persons, animals, property or business activity. See "structure."
BUILDING, ACCESSORY
See "accessory structure."
BUILDING CONTAINING A TOWN LICENSED SEXUALLY RELATED BUSINESS
A building containing a Town licensed sex-related business and also any part of a building in which such premises is contained and any part of any other building connected with such building by direct access or by a common entrance.
BUILDING COVERAGE
The amount of land covered or permitted to be covered by a building and its accessory buildings and measured in terms of a percentage of total lot area. Such coverage shall be measured on a horizontal plane at finished grade level and excludes uncovered porches, terraces and steps.
BUILDING FACADE
That portion of an exterior elevation of a building extending vertically from grade to the top of the parapet wall or eaves and horizontally across the entire width of the building elevation.
BUILDING GROUP
A group of two or more principal buildings and any buildings accessory thereto occupying a lot in one ownership and having any yard in common.
BUILDING MATERIAL SUPPLY
A retail operation selling hardware, lumber and other products used for construction and home improvement.
BUILDING PERMIT
Official authorization issued by the Zoning Enforcement Officer or Code Enforcement Official to begin construction in accordance with approved plans and in strict compliance with all applicable requirements of this chapter, the New York State Uniform Fire Prevention and Building Code and related laws, rules and regulations.
BUILDING, PRINCIPAL
A building in which is conducted the main or principal use of the lot on which said building is located.
BUSINESS COMPLEX
Two or more businesses and/or offices conducted on the same lot.
CAMOUFLAGING
The construction of facilities to house or support a telecommunications tower so that the towers blend readily with the landscape, neighborhood and adjacent architectural features. Examples of camouflaging are silo and barn, windmill and simulated tree.
CAMP
A parcel of land on which are located two or more cabins, tents, shelters or other accommodations of a design or character suitable for seasonal or other more or less temporary living purposes, including summer colony, resort and day camp, but not including a trailer park, hotel or motel.
CANOPY
A multisided structure or architectural projection freestanding or supported by attachment to the building on one or more sides, and also supported by columns at additional points. The surface(s) may be illuminated by means of internal or external sources.
CEMETERY
The land that is set apart or used as a place for the interment of the dead or in which human bodies have been buried, and may include facilities for storing ashes of human remains that have been cremated or the interment of the dead in sealed crypts or compartments, but may not include a structure for the purpose of the cremation of human remains. A cemetery may be a cemetery corporation operated by a private, not-for-profit or religious institution operating in compliance with applicable state laws.
CEMETERY, PUBLIC
Any cemetery or burial ground as defined under § 291 of the Town Law of the State of New York.
CERTIFICATE OF OCCUPANCY
Official certification issued by the Zoning Enforcement Officer or Code Enforcement Official that a premises conforms to the applicable provisions of this chapter, the New York State Uniform Fire Prevention and Building Code and other applicable regulations and may be legally used or occupied.
CESSATION OF USE
A use shall be determined by the Zoning Enforcement Officer or Code Enforcement Official to have ceased when it has been discontinued, whether with the intent to abandon such use or not.
CLEAR CUTTING
A method of harvesting where virtually all trees on a site are removed.
CLERK OF THE PLANNING BOARD
That representative or those representatives of the Planning Board, either member(s), employee(s) or consultant(s), who shall be designated to perform the duties of the Clerk of the Planning Board for purposes of this chapter.
CLUB, MEMBERSHIP
Premises of an organization of persons who meet periodically to promote some nonprofit social, educational, athletic, service or recreational objective and who cater exclusively to members and their guests, with no vending, merchandising or commercial activities conducted except as required generally for the membership and purposes of the club.
CODE ENFORCEMENT OFFICIAL
That Town employee appointed by the Town Board and charged with the responsibility of administering and enforcing the New York State Uniform Fire Prevention and Building Code and related regulations pertaining to the development of structures within the Town of Milton, which employee shall be certified as a Building Official by the New York State Building Codes Council.
COLLOCATION
Using existing towers, buildings or other structures for placement of antennas without the construction of a new communication tower.
COMMERCIAL FORESTRY
The cutting and removal, also known as "harvesting" or "logging," of trees from a tract of land or tracts of land totaling three acres or more in any one year, excluding, however, 20 standard cords of wood which may be cut annually by the owner for his own use.
COMMUNITY AREAS
Those areas intended for the beneficial use or enjoyment by all residents of a development, including driveways, roadways, parking areas, walkways, landscaped areas, open space and recreation areas.
COMMUNITY RESIDENCE
A resident facility for the mentally challenged operated pursuant to the New York State Mental Hygiene Law and regulations promulgated thereunder.
[Amended 10-1-2014 by L.L. No. 2-2014]
COMMUNITY WATER SYSTEM
A public water system with at least five service connections used by year-round residents or that regularly serves at least 25 year-round residents.
A. 
A public water system that provides water to people in places other than their residences.
B. 
A public water system that does not serve a resident population but serves at least 25 of the same persons, four hours or more per day, for four or more days per week, for 26 or more weeks.
C. 
A community, noncommunity, nontransient noncommunity water system that provides piped water to the public for human consumption. The system must have at least five service connections or regularly serve an average of at least 25 persons daily at least 60 days out of the year.
COMPREHENSIVE PLAN
A document setting forth policies for the future growth and development of a Town. Such document may be officially adopted by the Town Board and shall satisfy the requirements of §§ 263 and 272-a of the New York State Town Law.
CONDOMINIUM
A building or group of buildings in which units are owned individually and the structure, common areas and facilities are owned by the owners on a proportional undivided basis. All condominium management and maintenance agreements must be filed with the Town Clerk.
CONTRACTOR'S YARD
Any space, whether inside or outside a building, used for the storage or keeping of construction equipment, machinery or vehicles or parts thereof which are in active use by a construction contractor.
CONSERVATION EASEMENT
A deed recorded in the Saratoga County Clerk's office which contains a voluntary agreement that limits land to specific uses. Easements may apply to entire parcels of land or to specific parts of a property. Private land protected by a conservation easement remains on the tax rolls. All conservation easements must be filed with the Town Clerk. Reference to open space incentive option § 180-30.
CONVENIENCE STORE
Small commercial establishments providing frequently needed retail goods, including but not limited to grocery stores (under 5,000 square feet in floor area) and gasoline service without any of the auto related services available at a gasoline or service station.
CONVERSION
A change in use or occupancy of a building, generally by alteration or by other reorganization.
CULTURAL FACILITIES
The building and land used for the purposes of educational entertainment, including museums, libraries, art galleries, theaters for the performing arts, institutional philanthropic use and public meetings.
DAY-CARE CENTER
A facility which is not a dwelling unit in which care is provided on a regular basis to three or more children or adults for more than three hours per day per person.
DAY CARE, FAMILY GROUP
A dwelling unit which is a residence and occupied as a family residence which provides day care for seven to 12 children or adults.
DAY CARE, FAMILY
A dwelling unit which is a residence and occupied as a family residence which provides day care on a regular basis for more than three hours a day for three to six children or adults.
DENSITY
The ratio of land area per family or dwelling unit(s) on a lot.
DEVELOPMENT
Any activity other than normal agricultural, conservation or forest management activity which materially affects the existing condition of land or improvements, including but not limited to:
A. 
Removal of trees or other natural cover.
B. 
Substantial excavation or deposit of earth or other fill, including alteration of the banks of any stream or body of water.
C. 
Construction, reconstruction, alteration or demolition of any improvement.
D. 
Dumping or parking of any object or material, whether mobile, liquid or solid.
E. 
Commencement of any use of the land and improvements thereto and any change in the type or intensity of such use.
F. 
Commencement or change in type or intensity of any noise, light, smoke or other emission in contravention of the general performance standards stated in § 180-24 of this chapter.
DRIVE-THROUGH
A nonresidential use or an accessory use to a nonresidential use which has a need for a vehicular queue or parking spaces to accommodate persons to whom it serves or transfers products or materials outside its building, if any, or to accommodate persons consuming its service, products or materials in a vehicle on the premises.
DRIVEWAY
A private access route directly serving a parking area or serving parking spaces not directly serving more than two dwelling units and not providing a route for through traffic.
DWELLING, ACCESSORY — NONRESIDENTIAL
A dwelling unit contained in either a separate building or structure or within a new or existing building containing a principal use other than residential and is incidental, subordinate and exclusively devoted to and located on the same lot as the principal use, building or structure.
DWELLING, ACCESSORY — RESIDENTIAL
A dwelling contained either in a separate building or within or attached to a new or existing detached one-family residential dwelling and exclusively devoted to housing one or more family members.
DWELLING, MULTIPLE-FAMILY
A residential, detached, semidetached or attached building, or portion thereof, held in single ownership designed for or occupied by three or more dwelling units, such as an apartment building. A dormitory, motel, hotel, lodge, inn, nursing home, fraternity, sorority or other similar building shall not be deemed to constitute a dwelling unit.
DWELLING, ONE-FAMILY OR SINGLE-FAMILY
A detached building containing one dwelling unit only.
[1]
DWELLING, ROW OR ATTACHED
A one-family dwelling unit with party walls separating it from adjacent units on both sides or on one side if an end unit, with each having separate entrances from the outside, such as a townhouse or condominium. All are classified as multifamily dwellings in terms of the District Schedule of Area and Bulk Regulations, § 180-86.
DWELLING, TWO-FAMILY
A detached or semidetached building containing two dwelling units only. The two units may have separate entrances, such as a duplex, or a single entrance, such as a two-story house with separate dwelling units on both floors.
DWELLING UNIT
A building or entirely self-contained portion thereof containing complete housekeeping facilities for only one family, including any domestic servants employed on the premises, and having no enclosed space (other than vestibules, entrances or other hallways or porches) or cooking or sanitary facilities in common with any other dwelling unit.
EASEMENT
An acquired right on the property of another for a specified purpose on a designated part of that property.
EMPLOYEES or NUMBER OF EMPLOYEES
For the purpose of determining off-street parking requirements, employees or number of employees shall be computed on the basis of the greatest number of persons to be employed or capable of employment during any one work period day or night.
ENVIRONMENTAL CONSERVATION LAW
The Environmental Conservation Law of the State of New York, Chapter 43-B of the Consolidated Laws.
EROSION CONTROL STRUCTURE
Diversions that include water bars and broad based dips constructed across roads and/or landings for erosion and sediment control. They catch and divert runoff into adjacent vegetated areas.
EXCAVATION
Removal or recovery by any means whatsoever of soil, rock, minerals, mineral substances or organic substances other than vegetation from water or land thereof, or beneath the land surface, whether exposed or submerged.
FAMILY
A householder or one or more persons related by blood, marriage or adoption living together in a family-like arrangement as a single not-for-profit housekeeping unit sharing one common dwelling unit; or a group of persons headed by a person or persons responsible for providing care for a reasonable number of individuals, sharing one single dwelling unit, in a family-like arrangement, which is the functional and factual equivalent of a family of related persons.[2]
FARM OPERATION
The land and on-farm buildings, equipment and practices which contribute to the raising, production, preparation and marketing of crops, livestock and livestock products for gain. The farm operation includes necessary farm structures within the prescribed limits of the farm parcel and the storage of equipment as part of the farm operation. A farm operation does not include the operation of a commercial stable, or kennel.
FAST-FOOD
A type of eating establishment where food and beverages are ordered and purchased over counters and/or at a drive-through in a ready to consume state for consumption within the building, elsewhere on the premises and/or for carry or drive out whose design and method of operation includes one or both of the following characteristics: paper, plastic or other disposable containers; there are two or more cashier stations available to patrons. A restaurant, as defined in this chapter shall not be construed to be a fast-food eating establishment. A retail shop or store (such as a grocery store, a retail bakery, a retail ice cream or frozen dessert store, a retail store whose principal purpose is not food sales and any similar retail shop or store) shall not be construed to be a fast-food eating establishment.
FENCE
An unroofed enclosing structure erected for the purpose of preventing passage or view.
FLEA MARKET
A business comprising a number of separate stands or spaces, either in one building or in separate buildings on the same premises, that are rented or leased to individual dealers for the purpose of buying, selling or exchanging, generally, goods of all sorts.
FLOOD BOUNDARY AND FLOODWAY MAP
The most current official map for the Town prepared by the Flood Insurance Administration and on which is designated the boundaries of the one-hundred-year floodplain, the five-hundred-year floodplain and the regulatory floodway.
FLOODPLAIN
All land adjoining a watercourse which is likely to flooded once every 100 years as shown on the most current and official map for the Town prepared by the Flood Insurance Administration.
FLOOR AREA, GROSS
The sum of the horizontal area of the floor or floors of a building as measured from the exterior faces of exterior walls or from the center line of walls separating two buildings, but not to include attached or built-in garages, porches or terraces and basements or unfinished floor area having a clear headroom of less than seven feet.
FORESTRY AND FOREST FARMING OPERATIONS
The raising, harvesting and sale of forest products including but not limited to Christmas trees, logs, lumber, posts and firewood, including the land used for the processing woodland products.
FREESTANDING COMMUNICATION TOWER
Freestanding lattice tower onto which a telecommunications device is affixed.
FRONTAGE, LOT
That side of a lot coincident with the street line. A corner lot shall be considered to have two such frontages.
FUNERAL HOME
A building designed for the purpose of furnishing funeral supplies and services to the public and includes facilities intended for the preparation of the dead human body for interment or cremation.
GARAGE, PRIVATE
An enclosed space, whether an accessory building or part of a principal building, for the storage of one or more vehicles, provided that no business, occupation or service, other than a home occupation authorized by special use permit, is conducted for profit therein nor space therein for more than one car is leased to a nonresident of the premises.
GARAGE, PUBLIC
Any garage other than a private garage available to the public, operated for gain and which is used for storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles.
GASOLINE OR SERVICE STATION
Any area of land, including structures thereon, that is used or designed to be used for the sale of gasoline, oil or other motor vehicle fuel, or that is used or designed to be used for lubricating, washing, cleaning or otherwise servicing motor vehicles, but not including the painting or major repair thereof or the use of mechanical car washing equipment. The term "gasoline or service station" may also include a convenience store, provided that the store is an integral part of the gasoline or service station.
GENERAL MUNICIPAL LAW
The General Municipal Law of the State of New York, Chapter 24 of the Consolidated Laws.
GENERAL OFFICE
Any building or part of a building in which one or more persons are employed in or conduct the management or direction of an agency, business, organization, profession or public administration, but excludes such uses as retail sale, manufacture, assembly or storage of goods or places of assembly and amusement.
GOLF COURSE
A public or private area operated for the purpose of playing or practicing golf and may include an accessory office, retail pro shop, restaurant, banquets facilities, lounge, golf driving range, caretaker's dwelling unit and golf academy.
GRADE, FINISHED
The elevation at which the finished surface of the surrounding lot, either naturally occurring or upon completion of any change in contour, intersects the walls and supports of a structure.
GUYED TOWER
Tower supported by wire anchors onto which a telecommunications device is affixed.
HAUL ROAD
Constructed road of dirt and/or gravel utilized for moving cut trees from a landing where they are loaded on a truck to an exit from the site.
HEIGHT, BUILDING
The vertical distance measured from the average elevation of the finished grade along the side of the building having the lowest finished grade to the highest point on the coping of a flat roof, to the deckline of mansard roofs or to the average height between eaves and ridge for gable, hip and gambrel roofs, but not including chimneys, spires, towers, elevator penthouses, tanks and similar projections except where such features occupy an aggregate area of more than 120 square feet or 10% of the roof area, whichever shall be less, not to exceed 25% of the permitted height.
HOME OCCUPATION CLASS 1
An occupation or profession carried on wholly within a dwelling unit principally by a member of the family residing in the dwelling unit and which is clearly incidental to the use of the dwelling unit for residential purposes, which activity shall occupy no more than 500 square feet of gross floor area or 25% of the gross floor area of the dwelling, whichever shall be the more restrictive, and does not change the character thereof and which use shall be fully consistent with the performance standards as stated in home occupations § 180-31 of this chapter.
HOME OCCUPATION CLASS 2
An occupation or profession carried on in an accessory structure or elsewhere on the property by a member of the family residing in the principal dwelling unit and which is clearly incidental to the use of the dwelling unit for residential purposes and does not change the character thereof, and which use shall be fully consistent with the performance standards as stated in home occupations § 180-31 of this chapter.
HOMEOWNERS' ASSOCIATION
An organization of residential property owners, duly constituted, residing within a particular development whose major purpose is to own, preserve, maintain and provide community areas, facilities and services for the common enjoyment of the residents. All homeowners' association administration and management agreements must be filed with the Clerk of the Town of Milton.
HOSPITAL
The term "hospital" shall be deemed to include clinic, sanitarium, rest home, nursing home, convalescent home and any other place for the diagnosis, treatment or other care of human ailments. As defined by New York State regulations, a doctor's office shall be considered a general office use.
HOTEL
A multiple dwelling or any part thereof which contains living and sleeping accommodations for transient occupancy and which may contain one or more dining rooms, and includes but is not limited to such terms as "motel," "motor court," "motor hotel," "tourist court" or "inn."
IMPERVIOUS SURFACE
Any structure, building or material, such as concrete, asphalt, brick or metal, constructed or erected on landscaped or natural buffer areas which impedes the percolation of water into the ground. Impervious surfaces do not include dirt, crushed stone or gravel surfaces.
IMPROVEMENTS
A physical change to the land or installation of certain services necessary to produce usable and desirable lots or sites from raw acreage, including but not limited to water and sewer facilities, recreation and open space areas, grading, pavement, curbs, gutters, storm sewers and drains and betterments to existing watercourses, sidewalks and other pedestrian ways, street signs, shade trees, sodding or seeding and monuments, whether such improvements are intended to be dedicated and maintained by the public or held in private ownership.
JUNKYARD
An area of land with or without buildings used for or occupied by a deposit, collection or storage, outside a completely enclosed building, of used or discarded materials, such as wastepaper, rags, scrap metal or used building materials, home furnishings, machinery or parts thereof, with or without the dismantling, processing, salvage or other use or disposition of the same. Reference junk and junk dealers in Chapter 103 of the Town Code.
JUNKYARD, MOTOR VEHICLE
An area of land with or without buildings used for or occupied by a deposit, collection or storage, outside a completely enclosed building, of used or discarded motor vehicles or parts thereof, with or without the dismantling, wrecking, salvage, sale or other use of disposition of the same. A deposit, collection or storage on a lot of two or more vehicles no longer in condition for legal use on the public highways, i.e., registered and inspected or parts thereof for one month or more in a residential district or three months or more in any nonresidential district shall constitute a motor vehicle junkyard. Reference junk and junk dealers in Chapter 103 of the Town Code.
KENNEL, COMMERCIAL
An establishment for the keeping, breeding and raising of domesticated animals for profit or gain, but shall not apply to the keeping of animals in a veterinarian clinic for the purpose of observation and/or recovery necessary to veterinary treatment.
LAND, CONSTRAINED
See buildable area § 180-22.
LAND, UNCONSTRAINED
See buildable area § 180-22.
LANDFILL
A lot or land area used primarily for disposal of solid waste employing an engineering method that minimizes environmental hazards by spreading and compacting alternate layers of solid waste and cover material.
LANDINGS
Open or cleared areas used for loading logs onto trucks or used for any general purpose such as for storing logs or for servicing equipment.
LICENSE
Proof of permission granted, usually in the form of a document, card, plate or tag.
LICENSEE
Any person to whom a license is issued pursuant to this chapter.
LIGHT MANUFACTURE
Assembly, treatment, processing or packaging of products that does not emit objectionable levels of smoke, noise, dust, odor, glare or vibration beyond their property boundaries.
LOGGING DEBRIS
Any residue associated with a harvesting operation, including undesirable tree trunks, logs and slash.
LOT
A parcel of land having defined boundaries and considered as a unit devoted to a specific use or occupied by a structure or group of structures that are united by a common interest, use or ownership and including customary accessory structures, uses, open spaces and yards, which parcel shall have frontage on a street or on such other means of access as may be deemed sufficient in accordance with the applicable provisions of §§ 280 and 280-a of the Town Law to provide suitable access as a condition precedent to the issuance of a building permit.
LOT AREA
The total land area of a lot within the property lines, excluding any area devoted to external streets, e.g., in the case of a user highway.
LOT, CORNER
A lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135°. The point of intersection of the street right-of-way lines is the corner.
LOT DEPTH
The minimum horizontal distance from the street line of a lot to the rear lot line of such lot, measured perpendicular to the lot width.
LOT LINE
The line dividing one premises from another or from a street or other public space.
LOT, NONCONFORMING
Any lot lawfully existing in single and separate ownership at the effective date of this chapter, or any amendment thereto affecting such lot, which does not conform to the dimensional regulations of this chapter for the district in which it is situated.
LOT OF RECORD
A legally existing lot at the time of adoption of this chapter, duly filed and recorded in the Saratoga County Clerk's office as either an individual parcel of land or part of an approved subdivision, in accordance with Chapter 154, Subdivision of Land, and applicable provisions of Town Law.
LOT WIDTH
The minimum horizontal distance between the side lines, measured parallel to the front right-of-way (ROW) line at the minimum building setback. See District Schedule of Area and Bulk Regulations.[3]
MANUFACTURED HOME
A home built on or after June 15, 1976, bearing a seal signifying conformance to the design and construction requirements of the Department of Housing and Urban Development (HUD), Manufactured Home Construction and Safety Standards, 24 CFR 280. A transportable structure comprised of one or more components, each of which substantially was assembled at a manufacturing facility and is/are capable of being transported to and assembled on a home site, with or without a permanent foundation. The term "manufactured home" shall not include any self-propelled recreational vehicle.
MEMBERSHIP CLUB
See "club, membership."
MINERAL
Any naturally formed material located on or below the surface of the earth including, but not limited to, sand, gravel, stone, peat, and topsoil.
MINIMUM OPEN SPACE
That area of a lot which shall be properly maintained with a combination of natural, not artificial, lawn, shrubs, trees and other plant materials and related ground covers.
MINING
Use of a parcel of land or contiguous parcels of land, or portions thereof, and all haulageways and all equipment above, on or below the surface of the ground for the purpose of excavating and producing minerals or water for sale or exchange or for commercial, industrial or municipal use, not including the process of preparing land for the construction of a structure for which a building permit has been issued.
MINING SUBJECT TO STATE JURISDICTION
An operation which results in the mining or proposed mining from each use of more than 1,000 tons or 750 cubic yards, whichever is less, of minerals from the earth within 12 successive calendar months or an operation which results in the mining or proposed mining of over 100 cubic yards of minerals from or adjacent to any body of water not subject to the jurisdiction of the New York State Environmental Conservation Law or the Public Lands Law.
MINING NOT SUBJECT TO STATE JURISDICTION
All mining which is not defined as mining subject to state jurisdiction.
MOBILE HOME
A moveable or portable dwelling that is composed of one or more components, each of which was substantially assembled in a manufacturing facility prior to June 15, 1976, with or without a label certifying compliance with NFPA, ANSI or a specific state standard, is designed to be transported to the home site on its own permanent chassis, exceeds 32 feet in length and eight feet in width and is designed to be used as a dwelling unit for year round living when connected to required utilities, and with or without a permanent foundation. Excludes travel trailers.
MOBILE HOME PARK
Any lot, parcel or tract of land or portion thereof, together with the open space and facilities required by this chapter, used, designed or maintained and having mobile home spaces as defined herein, held out for hire or lease to accommodate mobile homes as defined herein, or any premises on which two or more mobile homes are located and occupied, regardless of whether or not any compensation is provided.
MODULAR HOME
A factory manufactured dwelling unit conforming to the applicable provisions of this code and bearing insignia of approval issued by the Secretary of State of New York State. Any building designed primarily for residential occupancy and intended or designed for permanent installation, comprised of one or more components, each of which substantially was assembled at a manufacturing facility and/is capable of being transported to the home site, which, when combined on a permanent foundation with a sloped roof, constitutes a dwelling unit which is indistinguishable from a conventionally built home.
MONOPOLE
A single pole of variable cross section onto which telecommunications devices are affixed.
MUNICIPAL HOME RULE LAW
The Municipal Home Rule Law of the State of New York, Chapter 36-a of the Consolidated Laws.
NONCOMPLYING BUILDING OR STRUCTURE
An existing building or structure which contains a use permitted in the zoning district in which it is located but which does not conform to the applicable district regulations for lot area, width or depth; front, side or rear yard; maximum height; lot coverage; parking requirements; or density after the enactment or subsequent amendment of this chapter. This condition may also be cited as "noncomplying bulk."
NONCONFORMING USE
A legal existing use which does not conform to the applicable use regulations for the zoning district in which such use is located after the enactment or subsequent amendment of this chapter.
NOT-FOR-PROFIT CORPORATION
A corporation formed or existing under the Not-For-Profit Corporation Law of New York State.
NOXIOUS USE
Any use which is dangerous, offensive or injurious by reason of the emission of dust, smoke, refuse matter, odor, gas fumes, noise or vibration in contravention of the standards and criteria established by this chapter and other applicable laws, rules, codes and regulations.
NURSERY
A building or structure, and lands associated therewith, for the growing of flowers, fruits, vegetables, plants, shrubs, trees or similar vegetation, which may include gardening tools, supplies and implements which are sold at retail from such building or lot to the general public.
OCCUPANCY
Use of a building, structure or premises.
OFFICIAL MAP
A map, adopted by the Town Board, showing streets, highways and parks heretofore laid out, adopted and established in accordance with § 270 of the Town Law.
OPEN SPACE, PRIVATE
Open space held in private ownership and protected in perpetuity by a conservation easement.
OPEN SPACE, PUBLIC
Open space dedicated to or owned by any government or governmental agency or authority, to be protected as conservation land.
OWNER
Owner of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor trustee, lessee or other person, association, firm or corporation in control of a building, structure or premises.
PARCEL
Any tax parcel, contiguous tax parcels under single ownership or contiguous tax parcels proposed to be developed as a unit. Each tax parcel shall be identified by the Tax Map of the Town of Milton dated January 1, 2001, and single ownership shall be determined by deed filed as of January 1, 2001. No parcel as defined herein may be changed or reconfigured after January 1, 2001, for the purposes of applying or avoiding the restrictions of this chapter.
PARK, DEDICATED
Any land and/or associated structures, dedicated to or by a village, town, county or state, created and maintained by a municipality for the express use and enjoyment by the general public for recreational purposes.
PARKING AREA, OFF-STREET
For purposes of this chapter, an off-street parking area containing five or more parking spaces as required by this chapter.
PARKING SPACE, OFF-STREET
An area of land not less than nine feet by 18 feet, excluding driveways or access drives thereto, which is out of the public right-of-way and is available and adequately improved for the parking of one motor vehicle.
PART 77 SURFACES
Those imaginary surfaces in space as established by the Federal Aviation Administration for the purpose of controlling heights of objects in the airport vicinity. The imaginary surfaces incorporate the primary zone, approach area, transitional area, horizontal area and conical area as defined and delineated in the Saratoga County Airport Master Plan. The Saratoga County Airport Master Plan is available at the Town Clerk's office and the County Airport Administrative offices.
PERSON
Any individual, corporation, partnership, association, trustee or legal governmental entity.
PERSONAL SERVICE
A building, or part of a building, in which persons are employed in furnishing services and otherwise administering to the individual and personal needs of persons, such as a barber's shop and hairdressing salon.
PERSONAL TRANSPORTATION SERVICES
Establishments primarily engaged in providing local and suburban transportation services (e.g., taxis, buses, limousines).
PLANNED DEVELOPMENT DISTRICT
A development in accordance with a single plan for compatible land uses and the placement of buildings which may not correspond to the bulk, yard, height and intensity of use prescribed as of right by this chapter but in accordance with the performance standards under Article IX.
PLANNING BOARD
The Planning Board of the Town of Milton, Saratoga County, New York.
PLAT
A plan, map or chart of a piece of land with actual or proposed features.
PREMISES
A lot, plot or parcel of land, together with all structures and uses thereon.
PRIVATE SCHOOL
All private, parochial, academic, technical or nursery schools.
PROTECTED STREAM
A stream protected under Article 15 of the Environmental Conservation Law (ECL). A permit is required from the New York State Department of Environmental Conservation (DEC) for any work which will disturb the streambed or its banks.
PUBLIC BUILDING/USE
Any building or use designated for municipal, civic, recreational or other public purposes, but not including proprietary or enterprise activities.
PUBLIC HEALTH LAW
The Public Health Law of the State of New York, Chapter 45 of the Consolidated Laws.
PUBLIC UTILITY USE
An installation used by a public utility to supply electric, gas, water, cable television, telephone or other utility service. Included are such facilities as electric unit substations, high voltage transmission lines, pump stations, water towers and telephone substations. Utility distribution facilities servicing customers directly are considered customary accessory uses.
RECREATION, COMMERCIAL
Facilities operated as a business and open to the public for uses such as tennis, swimming, miniature golf, driving ranges and live theater.
RELIGIOUS INSTITUTION
A building wherein persons regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain public worship.
REPAIR
Replacement or renewal, excluding additions, of any part of a building, structure, device or equipment with like or similar materials or parts for the purpose of maintenance of such building, structure, device or equipment.
RESEARCH LABORATORY
An establishment or other facility for carrying on investigation in the natural, physical or social sciences, which may include engineering and product development.
RESTAURANT
Premises, however designated, at which food and beverages are sold for consumption largely on premises by patrons seated within a building or elsewhere on the premises. The term "restaurant" shall not include fast-food eating establishment.
RETAIL BUSINESS
A commercial activity characterized by the direct on-premises sale of goods and services to the ultimate consumer, including on-premises manufacturing, processing and preparation customarily associated with department stores, food markets and similar establishments.
ROADSIDE STAND
A structure, which shall not exceed 100 square feet, where products grown or produced on the premises by the operator of the roadside stand may be sold and purchased.
RUNWAY PROTECTION ZONE OVERLAY DISTRICT
Reference § 180-6B(2).
SATELLITE ANTENNA
Any parabolic dish, antenna or other devices or equipment of whatever nature or kind, the primary purpose of which is to receive television, radio, microwave or other electronic signals from space satellites.
SENIOR HOUSING
A residential development owned by a public agency or private nonprofit sponsor in which dwelling units are exclusively provided for elderly persons, aged 55 or older, and other members of the households which they head.
[Amended 10-1-2014 by L.L. No. 2-2014]
SETBACK
The minimum horizontal distance from the property line to any structure, roadway, parking area, accessory building or other such improvement on a lot, except necessary driveways.
SEXUAL ACTIVITY
Includes the fondling or other erotic touching of human genitals, pubic region, buttocks, anus or breasts; or sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy; or masturbation, actual or simulated; or excretory functions as part of or in connection with any of the foregoing activity.
SEXUALLY ORIENTED BUSINESS
Any commercial activity which sells, rents, shows, exhibits, or makes available for sale, rent, showing or exhibition any material or entertainment distinguished or characterized by an emphasis on depicting or description of anatomical areas or of sexual activity and shall include but not be limited to adult arcades, adult markets, adult motion-picture theaters, adult theaters and adult video rental/sale stores.
SIGN
Any device visible from a public place whose essential purpose and design is to convey either commercial or noncommercial messages by means of graphic presentation of alphabetic or pictorial symbols. Noncommercial flags or any flag displayed from flagpoles or staffs will not be considered to be signs.
SIGN, ANIMATED
A sign employing motion or the illusion of motion. Includes: wind activated (spinners, pinwheels, etc.), mechanically activated (characterized by repetitive motion or rotation activated by electric motor or devices), and electrically activated (producing the illusion of movement by electronic and/or illumination effects).
A. 
If freestanding: The entire are of a sign on which copy and/or graphics could be placed. This are is computed geometrically to include any nonrectangular areas of the sign face. Structural components, skirting, or other architectural ornaments are not considered part of the sign area. If double-faced, only one face area will be used in calculation of sign area.
B. 
If wall-mounted or on a canopy or awning: The area of the sign copy or graphic elements as applied to the background. This copy area is calculated as the sum of the geometrically computed areas encompassing separate letters, words or graphic elements on that background.
SIGN, AWNING
A sign displayed on or attached flat against the surface or surfaces of an awning.
SIGN, BANNER
A flexible substrate in which copy or graphics may be displayed.
SIGN, CANOPY
A sign displayed on or attached flat against the surface or surfaces of a canopy.
SIGN, CHANGEABLE
A sign with the capability of content change by manual means or electronically by remote input.
SIGN, COPY
The graphic content and/or text message of a sign.
SIGN, DIRECTIONAL
Any sign that is designed and erected for the purpose of providing direction and/or orientation for pedestrian or vehicular traffic.
SIGN, DIRECTORY
A sign that is designed for listing of occupants of a multi-tenant facility.
SIGN, DOUBLE-FACED
A sign with two faces, commonly back to back.
SIGN, ELECTRONIC MESSAGE
Any changeable sign whose variable message capability can be electronically programmed.
SIGN, FREESTANDING
A sign that is not affixed to a building and is so constructed to be an independent unit. Included are pole signs, pylon signs and monument signs.
SIGN, OFF-PREMISES
A sign whose message content is not related to the activities conducted on the premises on which it is located.
SIGN, ON-PREMISES
A sign whose message content bears a direct relationship to the activities conducted on the premises on which it is located, or to the expression of any message by the owner or user of the premises.
SIGN, POLITICAL
A temporary sign intended to advance a political statement, cause or candidate for elected office.
SIGN, PROJECTING
A sign other than a wall sign that is attached to or projects more that 18 inches from a building face or wall.
SIGN, REAL ESTATE
A temporary sign advertising the sale, lease or rental of the property upon which it is located.
SIGN, TRAILBLAZER
A sign, specified by NYSDOT regulations, installed within a highway right-of-way, for directing off-premises traffic to a business or public location.
SIGN, WALL
A sign that is in any manner affixed to any exterior wall of a building or structure and that projects not more than 18 inches from the wall. Also includes signs affixed to architectural projections provided the copy area of such signs remains on a parallel plane with the building facade.
SINGLE OWNERSHIP
Possession of land under single or unified control, whether by sole, joint, common or other ownership or by a lease having a term of not less than 30 years, regardless of any division of land into parcels for the purpose of financing.
SITE PLAN
That map or drawing and all related information which together constitute a complete application, submitted for review by the Planning Board in accordance with the requirements and procedure specified in Article VIII of this chapter.
SKETCH PLAN
A sketch of a proposed sign, structure or building showing the information required by these regulations to enable the applicant to save time and expense in reaching general agreement with the Planning Board as to the form of the layout and the objectives of this chapter. A sketch plan shall be drawn to scale but need not have the accuracy of an engineering drawing.
SKID TRAIL
Trail or rough road used to move a tree from the place where it was cut to a pile or landing where it is loaded onto a truck.
SLASH
Felled trees, tree tops, and small branches left over from a harvesting operation.
SPECIAL PERMIT USE
A use which is deemed desirable for the public welfare within a given zoning district or districts, but which is potentially incompatible with other uses provided therein. The special use shall, therefore, be subject to approval by the Planning Board in accordance with the conditions set forth for such use, as well as other applicable provisions of this chapter.
STABLES, COMMERCIAL
Premises on which two or more horses not the property of the proprietor are boarded or on which horses are maintained commercially for hire, exhibition or sale. Any establishment where horses are kept for riding, training, driving or stabled for compensation or incidental to the operation of any club, ranch or similar establishment.
STABLES, PRIVATE
Premises on which is maintained not more than one horse not the property of the proprietor, and including horses of the proprietor not maintained for commercial purposes; is accessory to a farm or dwelling.
STEALTH
Any tower or telecommunications facility which is designed to enhance compatibility with adjacent land uses, including, but not limited to, architecturally screened roof-mounted antennas, antennas integrated into architectural elements and trees. The term "stealth" does not necessarily exclude the use of uncamouflaged lattice or monopole tower designs.
STORAGE BUSINESS
A structure or structures in which materials, goods or equipment are stored, including self-storage operations with separate storage units having individual external access, for storage of personal property. Self-storage operations with several separate structures shall all be considered together to form one primary structure for the purpose of site plan review by the Planning Board.
STORY
The portion of the building other than the cellar which lies between the surface of the floor and surface of the next floor above it, or if there is no floor above it, then the space between such floor and the ceiling or roof next above it.
STREAM CENTER LINE
The midpoint between the mean high water mark on each bank of the adjacent portion of river, stream, creek or tributary.
STREAM CORRIDOR OVERLAY DISTRICT
A district described by this chapter within which, due to special circumstances and the imposition of a special overlay designation, additional regulations and requirements apply to complement those of the underlying land use district to which such designation is added.
STREET
A way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, artery, avenue, boulevard, lane, place, drive or however otherwise, which is an existing public way or a way shown upon a subdivision plat approved by the Town Planning Board as provided by these regulations or on a plat duly filed and recorded in the office of the Saratoga County Clerk.
STREET LINE
The dividing line between a lot and a street right-of-way.
STREET RIGHT OF WAY
Strip of land in which facilities such as highway and utilities are placed.
STRUCTURE
A static construction or assembly of materials, the use or occupancy of which requires a location on the ground or attachment to an object having such a location. Structures shall include, among others, buildings, stadiums, sheds, storage bins, reviewing and display stands, platforms, towers, walls, fences, swimming pools, gasoline pumps, billboards, signs and mobile dwellings. Structures shall not include utility poles, wire and related equipment.
SUBDIVISION
See Chapter 154, Subdivision of Land.
SWIMMING POOL
Any structure intended for swimming or recreational bathing that contains water over 24 inches deep. This includes in-ground, aboveground and on-ground swimming pools, hot tubs and spa. See New York State Uniform Fire Prevention and Building Code.
TELECOMMUNICATIONS TOWER
A structure on which transmitting and/or receiving antennas are located. This includes but is not limited to freestanding towers, guyed towers, monopoles and similar structures. It is a structure intended for transmitting and/or receiving telecommunications but excluding those exclusively for governmental purposes, (including but not limited to fire, police or other dispatch communications) or exclusively for private radio and television reception and private citizens' bands, amateur radio and other similar communications.
TOWN LAW
The Town Law of the State of New York, Chapter 62 of the Consolidated Laws.
TRAILER, CAMPING
A folding structure mounted on wheels and designed for limited travel recreation and vacation use only.
TRAILER, TRAVEL
A vehicular, portable structure built on a chassis designed as a temporary one-family dwelling for travel, recreation and vacation purposes and having a body length not exceeding 32 feet and a body width not exceeding eight feet.
USE
The specific purpose for which land, a building or a building group is designed, arranged, intended or for which it is or may be occupied or maintained.
USE, PERMITTED
A specific use noted in § 180-11, Schedule of Use Regulations, and § 180-87, District Schedule of Use Regulations, of this chapter to which land, lots, buildings or structures may be used, occupied or maintained under this chapter as a matter of right.
USE, PRINCIPAL
The main or primary purpose or purposes for which land and/or structures are designed, arranged or intended or for which such land or structures may be occupied or maintained under this chapter.
USE, PROHIBITED
Any use which is not listed as a permitted use, special permit use or permitted accessory use in Article IV, § 180-11, Schedule of Use Regulations, and Article XV, § 180-87, District Schedule of Use Regulations, of this chapter shall be considered a prohibited use hereunder.
USE REGULATIONS
The controls which enumerate the permitted principal, permitted accessory and special permit uses within each of the zoning districts established by § 180-11 of this chapter.
VARIANCE
A modification of the use and/or area and bulk regulations of this chapter in an individual case due to the specific facts and conditions peculiar to a particular property.
VARIANCE, AREA
The authorization by the Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of applicable standards. The Board of Appeals shall have the power to grant area variances. [Refer to § 180-74C(1)(b).] The Board of Appeals, in the granting of area variances, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
VARIANCE, USE
The authorization by the Board of Appeals for the use of land for a purpose which is otherwise prohibited by the applicable standards. The Board of Appeals shall have the power to grant use variances when the applicable zoning regulations and restrictions have caused unnecessary hardship. [Refer to § 180-74C(1)(a).] The Board of Appeals shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardship proven by the applicant and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
VETERINARIAN CLINIC
A building or part of a building used for the care, diagnosis and treatment of sick, ailing, infirm or injured animals and those who are in need of medical or surgical attention. Such clinics may or may not also provide long-term lodging for ill or unwanted animals or lodging for healthy animals on a fee basis.
WETLAND
An area of land that is characterized by hydrophytic vegetation, saturated soils or periodic inundation as delineated by the New York State Department of Environmental Conservation or the National Wetlands Inventory prepared by the United States Fish and Wildlife Service.
WHOLESALE BUSINESS
Establishments engaged in the sale of commodities in quantity, usually for resale or business use, chiefly to retailers, other businesses, industries and institutions.
YARD
An open space on the same lot, plot or parcel of land with a building or building group lying between the closest point of the front, rear or side wall of a building and the nearest lot line, unoccupied and fully open to the sky, except as otherwise provided by the specific provisions of this chapter.
YARD, FRONT
A yard extending across the principal street (i.e., front lot line) of a lot measured between the side lot lines, the depth of which yard is the minimum horizontal distance between the street line and the main or principal building on the lot. Where a buildable lot is accessed by a frontage of less than the required lot width, the front yard shall be considered a side yard.
YARD, REAR
A yard extending across the full width of a lot measured between the side lot lines and being the minimum horizontal distance between the rear lot line and the rear of the principal building.
YARD, SIDE
A yard between any lot line other than the street line or rear lot line and a line drawn parallel thereto and between the front and rear yards.
ZONING BOARD OF APPEALS
The Board of Appeals of the Town of Milton as provided for in Article XIII of this chapter.
ZONING DISTRICT
An area or section of the Town described on the Zoning District Map contained within this chapter and within which uniform requirements regulate the use of land and structures and the height, bulk, density and setback of structures.
ZONING DISTRICT MAP
The map delineating the boundaries of the various districts established under this chapter which, along with the text, comprises this chapter.
ZONING ENFORCEMENT OFFICER
That Town employee appointed by the Town Board and charged with the responsibility of administering and enforcing this chapter and related regulations pertaining to the development and the use of land within the Town of Milton.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[3]
Editor's Note: See § 180-86.