See "dwelling unit, accessory."

A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.

See Chapter 60 of the Code of the Town of New Lebanon.

See definition for "agricultural data statement" in New York Agriculture and Markets Law § 301.

A farm operation, as defined in New York State Agriculture and Markets Law § 301.

Activities conducted on a farm and offered to the public, or to invited groups, for the sale of agricultural products, education, recreation or active involvement in the farm operation. An agritourism activity shall be secondary to the primary farm use. Agritourism activities may be conducted in an accessory building or structure and include, but are not limited to, on-farm short-term rentals, farm stay programs, u-pick operations, pumpkin patches and on-farm wineries, breweries, cideries, and distilleries.

As applied to a building or structure, a change or rearrangement in the structural parts or in the existing facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.

The regulation of building size, setbacks or yards, parking and loading requirements and similar regulations, but excluding any performance standards.

The use of land and/or buildings for the public sale of goods to the highest bidder. For the purposes of this chapter, such use shall not include the sale of livestock and shall not be considered a store.

See "motor vehicle."

A facility designed for the outdoor recreation involving automobile racing, with or without spectators. For the purposes of this chapter, this use may include the racing of vehicles such as, but not limited to, motorcycles, dirt bikes, snowmobiles, jet cars, trucks and fire trucks.

An establishment that accepts deposits, pays interest, clears checks, makes loans, acts as an intermediary in financial transactions, and provides other financial services to its customers.

Piece of cloth, nylon, synthetic cloth, or similar material bearing a symbol, logo, slogan or other message, usually in a square or rectangular shape.

Premises used primarily for the sale or dispensing of liquor by the drink for on-site consumption and where food may be available for consumption on the premises as accessory to the principal use.[1]

An owner- or operator-occupied dwelling used by fee-paying guests paying for sleeping accommodation with or without the provision of meals.

A written agreement issued by a qualified agent, which guarantees either the performance of a certain agreed-upon activity or an equivalent consideration if the activity is not completed as required.

A recreational business that accommodates bowling. Food and beverages may be sold on premises, provided such food and beverage sales are accessory to the principal use of recreational bowling.

Open space, landscape areas, fences, walls, berms or any combination thereof used to physically separate or screen one use or property from another use or property so as to visually shield or block noise, light, or other nuisances.

The space remaining on a legal lot after the minimum yard, area and bulk requirements have been met.

Any structure other than a boundary wall or fence.

A supplemental building, the use of which is incidental to that of a main or principal building and located on the same lot therewith.

The amount of land covered or permitted to be covered by a building or buildings, measured in terms of a percentage of the total lot area. Such coverage is to be measured at mean grade level and excludes uncovered porches, terraces, and steps.

The space within which a structure is permitted to be built on a lot and that is defined by minimum yard setbacks and includes all disturbances for building, driveways, well and septic systems.

The line of that face of the building nearest the front lines of the lot. This face includes sun parlors and covered porches, whether enclosed or unenclosed, but does not include steps.

The vertical distance measured from the mean elevation of the proposed finished grade at the front entrance of the building to the maximum structural ridge of the roof.

A building in which is conducted the main or principal use of the lot on which said building is situated.

A lot, structure, or building used for the boarding and exiting of buses, the selling of transport tickets, the incidental sale or dispensing of food and drink, and the incidental storage of buses.

Any lot, or adjoining lots if under the control of one person or business, including buildings and other structures on such lot, on which are located five or more campsites, tents, tent houses, trailers, cabins, camp cottages, vehicles, including recreational vehicles, or other structures intended for temporary or seasonal overnight occupancy. Excluded from this definition is the use of the yard of an existing occupied residence for occasional and irregular overnight camping by i) family members or guests of the resident or ii) groups (such as scouts), being hosted by the resident.

A facility or business at which the consumption of cannabis is allowed pursuant to a lawfully issued license for an adult-use cannabis on-site consumption location under the NY Cannabis Law[2] and regulations promulgated thereunder.

A facility or business engaged in the acquisition, possession, sale and delivery of cannabis to cannabis consumers pursuant to a lawfully issued license for an adult-use cannabis retail dispensary under the N.Y. Cannabis Law and regulations promulgated thereunder, and not including any licensed adult-use cannabis on-site consumption facility.

A structure containing facilities for washing motor vehicles.

See "telecommunications tower."

A place for the interring of the deceased.[3]

Any land(s), building(s), structure(s), improvement(s), or equipment used to hold events, such as weddings, parties, meetings, family reunions, corporate events, and similar gatherings, where any fee(s) or remuneration(s) are payable or paid therefor to the owner or operator thereof.

The use of land for quarrying, soil mining, the removing of fill gravel, stone or other earth materials, and for commercial (sale) purposes.

General contractors, masons, painters, refrigeration contractors, HVAC contractors, roofers, carpenters, small-scale excavating contractors and similar operations.

Any truck or van used in connection with operating a business.

An arrangement that extends net metering to groups of renters, homeowners, businesses, and municipalities that subscribe to the benefits of a portion of a solar energy project, of which 75% of the total capacity of energy generated by the array shall inure to the benefit of the residents, businesses and/or property owners in the Town of New Lebanon. This arrangement is also commonly referred to as "Community Distributed Generation (CDG)." For purposes of regulations, these systems shall be considered as a large-scale solar energy system.

A dwelling unit that is 400 square feet or less, excluding lofts, that includes complete housekeeping facilities, including for living, sleeping, eating, cooking, and sanitation, and that complies with the requirements of the New York State Uniform Fire Prevention and Building Code,[4] as in effect from time to time, that apply thereto. This term includes compact homes that are movable, provided that they are registered with the New York State Department of Motor Vehicles as may be required, and comply with the American National Standards Institute (ANSI) standards and National Fire Protection Association (NFPA) standards applicable thereto as in effect from time to time (e.g., ANSI Standard No. A119.2, ANSI Standard No. A119.5, NFPA Standard 1192).

The long-range plan intended to guide growth and development of the Town, expressing official policy on the course of its housing, public utilities, community facilities, transportation and land use distribution and intensity and adopted according to New York State Town Law § 272-a.

A subdivision approved by the Planning Board that employs relaxed area and bulk requirements otherwise applicable so as to provide open space and natural resource protection. A conservation subdivision may include clustering but may also be approved for subdivisions involving as few as two resulting lots.

A freestanding retail store offering primarily packaged groceries and offering token selections of a wide variety of sundries. Convenience stores shall be a maximum of 5,000 square feet and shall not include the dispensing of gasoline or other motor vehicle fuels unless appropriate approvals for a gas station have been obtained.

A change in use or occupancy of a dwelling.

That percentage of the plot or lot area covered by the building area, including accessory structures.

A structure used for the purpose of dancing where food and beverages may be provided as accessory use.

A place other than an occupied residence, providing or designed to provide day care for any number of individuals.

Daytime care or instruction of three or more individuals away from their own homes conducted in a residence for more than three but less than 24 hours per day on a regular basis by an individual, association, corporation, institution or agency, whether or not for compensation. Day care is an HO2 or HO3 use.

The ratio of lot area per family or dwelling unit on a lot.

All land preparation activities involving the movement, placement, removal, transfer or shifting of soil and/or vegetation, including but not limited to clearing, draining, filling, grading, regrading or the building of structures or the placement of improvements on land, including the construction of individual sidewalks, paths, roads or driveways. The condition of land disturbance shall be deemed to continue until the area of disturbance is returned to its original state or to a state complying with a permit for such disturbance granted in accordance with this chapter.

A tract of land used for practicing golf shots, especially drives, where clubs and balls may or may not be available for rent.

A building designated or used as the living quarters for one or more families.

A dwelling or group of dwellings on one plot containing separate living units for three or more families for lease or rent only.

A detached building designed for or occupied exclusively by one family.

A building designed for or occupied exclusively by two families living independently of each other.

A building or portion thereof providing complete housekeeping facilities for one family.

A dwelling unit that is an accessory use to a one-family dwelling, two-family dwelling, or multifamily dwelling located on the same lot, and which has independent living facilities, permanent provisions for sleeping, cooking, and sanitation, and has an entrance, all of which are separate and independent from the one-family dwelling, two-family dwelling, or multifamily dwelling. An ADU may be within, attached to, or detached from the one-family dwelling, two-family dwelling, or multifamily dwelling.

Any activity which removes or significantly disturbs rock, gravel, sand, soil or other natural deposits.

One or more persons maintaining a common household.

A farm operation, as defined in New York State Agriculture and Markets Law § 301.

A permanent year-round structure for the purpose of the retail sale of farm produce and agricultural products, whether produced on premises or elsewhere.

A roadside structure, not to exceed 300 square feet and set back at least 15 feet from the road, which is used seasonally for the sale of farm produce and agricultural products produced on premises and which produce/products are immediately accessible to customers without entering a structure.

An artificially constructed barrier or enclosure used to delineate an area or boundary to screen such area from view and/or to limit access. Swimming pool enclosures shall require a building permit.

A facility where fire/emergency vehicles and equipment are housed.

An occasional or periodically held market in an open area or structure where spaces (e.g., booths, tables, stands, etc.) are rented or otherwise made available to groups or individual vendors who offer goods or services for sale to the public, and which may include live or recorded entertainment and prepared food/beverage service for on-site consumption. This does not include individual garage or tag sales.

A land area adjoining a river, stream, watercourse, bay or lake that is likely to be flooded.

The sum of the gross horizontal area of the several floors of a building and its accessory buildings on the same lot, excluding cellar and basement floor areas not devoted to residential use, but including the area of roofed porches and roofed terraces. All dimensions shall be measured between exterior faces of walls.

A mobile food service operation located in a licensed motorized vehicle or a movable cart, stand, or trailer and from which food and beverages (prepackaged or prepared and served from the vehicle or stand) are sold or distributed in individual portions to the general public directly therefrom for consumption on or off of the premises.

The owner of a food truck or such owner's agent or employee. Where the food truck is a motorized vehicle required by law to be registered, the registered owner of such food truck shall be deemed a food truck operator.

That side of the lot nearest the street. A corner lot shall be considered to have two such frontages.

An establishment with facilities for the preparation of the dead for burial or cremation; for the viewing of the body; and for the conduct of funerals.

The sale of household items displayed in a yard, garage, barn or porch of a residence, provided that the items are owned by the persons conducting the sale, one of whom must be the occupant of the residence where the sale is being held, and the duration of the sale is limited to no more than two consecutive weekends. Households may conduct or participate in such sales no more frequently than once per six-calendar-month period. "Garage sale" includes "porch sale," "yard sale," "tag sale" and all other similar sales.

The effect produced by light with intensity sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.

A building chiefly comprised of a transparent or translucent material on its roof and/or walls and which is used for cultivating plants.

A commercial establishment for the retail sale of food and related consumable items.

To arrange different uses, buildings and/or structures in a pleasing manner.

See "ridgeline."

The protection, rehabilitation and restorations of districts, sites, buildings, structures and artifacts significant in American history, architecture, archaeology or culture.

A profession or other occupation conducted within a dwelling unit by one or more persons residing therein and clearly incidental to the principal use of the lot for residential purposes and which does not constitute a home-based business as defined in this chapter. In particular, a home occupation includes, but is not limited to, art studios, dressmaking, teaching, offices of a clergyman, lawyer, landscape architect, physician, dentist, architect, engineer, optician, realtor, accountant, barbershop, beauty parlor, or similar use, but shall not include animal hospital or dog kennels, automotive repair service, restaurant, clinic or hospital or similar use.

A home occupation that meets all of the following criteria:

A home occupation that does not constitute a Home Occupation 1 (HO1) and that meets all of the following criteria:

A business or profession in which various administrative tasks are conducted on the property by a person residing therein and which is clearly incidental to the principal use of the lot for residential purposes, but where the business or profession primarily provides goods and/or services off-site. Home-based businesses may include, but are not necessarily limited to, landscapers, plumbing contractors, electrical contractors, carpenters, painters, and similar professionals/artisans.

A commercial horse boarding operation, as defined in New York State Agriculture and Markets Law § 301.

A commercial equine operation, as defined in New York State Agriculture and Markets Law § 301.

Unless otherwise specified, the term "hospital" shall be deemed to include sanitarium, preventorium, clinic, rest home, nursing home, convalescent home, and any other place for the diagnosis, treatment or other care of human ailments.

A building containing more than five rooms for sleeping purposes which are used or rented by fee-paying guests and where only a general kitchen and dining room are provided within the building or in an accessory building.

Any material that prevents absorption of stormwater into the ground.

Includes limited manufacturing, wholesaling, warehousing, research and development, and related commercial/service activities such as beverage bottling, distribution and warehousing; distribution centers; ice production, storage, sales and distribution; laboratories for research, testing and experimental purposes; machine shops; manufacture of computers, computer peripherals, electrical appliances, electronic equipment, medical instruments, and other similar products from previously manufactured components; manufacture of precision instruments and equipment such as watches, electronics equipment, photographic equipment, optical goods and similar products; manufacturing of articles or merchandise from previously prepared or natural materials such as cardboard, cement, cloth, cork, fiber, glass, leather, paper, plastics, wood, metals, stones and other such prepared materials; printing and publishing.

Any vehicle which:

A structure used for the harboring of more than three dogs that are more than six months old, for remuneration.

A structure used for the harboring of more than three dogs that are more than six months old and without remuneration.

Any construction or other activity which changes the use or appearance of land or a structure or the intensity of use of land or a structure. "Land use activity" shall explicitly include, but not be limited to, the following: new structures, expansions to existing structures, new uses, changes in or expansions of existing uses, roads, driveways, and excavations for the purpose of extracting soil or mineral deposits. This shall include, but is not limited to, residential structures, commercial buildings, residential or commercial accessory structures, signs, parking lots, communications towers, mines, roads, ponds, and windmills.

An establishment providing washing, drying or dry-cleaning machines on the premises for rental use to the general public.

A facility that houses a collection of books or other written, printed or digital material, including manuscripts and pamphlets, posters, photographs, motion pictures, and videotapes, sound recordings, and computer databases and that may sponsor or hold community events, such as concerts, seminars, talks, fundraising events, and similar events.

The dividing line between the street and the lot.

Animals considered livestock under the New York State Agriculture and Markets Law, including cattle, sheep, hogs, goats, horses, poultry, ratites, such as ostriches, emus, rheas and kiwis, farmed deer, farmed buffalo, fur-bearing animals, and wool-bearing animals, such as alpacas and llamas.

The interior habitable area of a dwelling unit, including basements and attic spaces lawfully used as habitable space, and excluding garages and accessory structures.

A parcel of land occupied or capable of being occupied by one building or use and the necessary buildings or uses customarily incident to it, including such open spaces as are required by this chapter.

A parcel of land at the junction of and fronting on two or more intersecting streets.

The mean distance from the street line of the lot to its opposite rear line measured in the general direction of the side lines of the lot.

Any line dividing one lot from another.

The line of the lot located at the street right-of-way.

The lot line most nearly opposite the front lot line and the one most parallel and closest to the front line.

Any lot line not a front lot line or a rear lot line is a side lot line.

The horizontal distance between the side lines of a lot measured a right angles to its depth along a straight line parallel to the front lot line at the minimum required setback line.

A structure, intended primarily for residential occupancy that is transportable in one or more sections. In traveling mode, the home is eight feet or more in width and 40 feet or more in length. A manufactured home is one that was built after June 15, 1976, and is designed and constructed to the Federal Manufactured Construction and Safety Standards and is so labeled. Manufactured homes do not include modular homes, travel trailers or recreational vehicles or trailers.

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.

A game modeled on golf played with a putter on a short grassless course that may include obstacles.

A use of property consisting of two or more constituent uses, each of which are permitted in the zoning district in which the property is located (including, as may be applicable, any overlay district). In the event a mixed use property is located within more than one zoning district, any constituent use thereof must be physically located within a zoning district in which such constituent use would otherwise be permissible and within which mixed use is permissible.

A property on which a mixed use is conducted.

A manufactured home built prior to June 15, 1976.

Facilities for the locating for residential occupancy of two or more manufactured or mobile homes on a permanent or transient basis.

A structure designed primarily for residential occupancy that is substantially fabricated in a factory and designed for permanent installation on a permanent foundation to form a permanent single-family, townhouse or multifamily unit and which meets all New York State requirements and standards concerning factory-manufactured homes and conforms to the New York State Uniform Fire and Building Codes.

A place for the storage of human bodies prior to their burial or cremation.[6]

A building or group of buildings, whether detached or in connected units, used as individual sleeping or living quarters with direct outside access and related office, and with or without restaurant facilities, designed primarily for transient travelers, and provided with the accessory off-street parking facilities. The term "motel" includes buildings designed as tourist courts, motor lodges, auto courts, and other similar appellations, but shall not be construed to include parking areas for house trailers or mobile homes or to include dwelling units, except for that of the owner or manager.

Any device that is designed, manufactured or modified to be as a self-propelled conveyance of persons or objects by any power other than muscular power, including automobiles, cars and trucks. Vehicles, such as a trailer, that are designed to be towed or drawn from behind an internally powered vehicle and that are subject to registration are included in this definition.

Any area of land, including structures thereon, that is used for the sale of gasoline or any other motor vehicle fuel and oil and other lubricating substances, including any sale of motor vehicle accessories, and which may or may not include facilities for lubricating, washing or otherwise servicing motor vehicles, but not including the painting thereof by any means.

A building, premises, and land in which or upon which a business involving the maintenance, servicing, repair, or painting of motor vehicles is conducted.

The use of any building, land area or other premises for the display and sale of new or used motor vehicles and including any vehicle preparation or repair work conducted in connection with such sales.

A structure or series of connected structures that contains three or more businesses.

An organized institution, including but not limited to halls of fame, zoos, aquariums, botanical gardens and arboretums, that is essentially educational or aesthetic in purpose, with professional staff, which ordinarily owns, exhibits, maintains, and/or utilizes artifacts, art, and/or specimens, including nontangible electronic, video, digital and similar art, cares for them, and exhibits them to the public on some regular schedule.

A billing arrangement that allows solar customers to get credit for excess electricity that they generate and deliver back to the grid so that they only pay for their net electricity usage at the end of the month.

Is a district created under Article 25-AA of the Agriculture and Markets Law with the intent to provide for the protection and enhancement of agricultural land as a viable segment of the local economy and environmental resource of major importance.

A lawfully existing building or structure which does not conform to the area setback regulations of the district in which it is located.

A lawfully existing lot which does not conform to the area regulations (minimum lot width and/or lot size) of the district in which it is located.

A lawful use of a structure, building or land which does not conform to the use regulations of the district or zone in which it is situated.

Premises which provide lodging, meals and continuing nursing care for compensation to convalescent or chronically ill persons. The term "nursing home" shall include convalescent home and rest home.

An office devoted to a professional service occupation, in which knowledge in some department of science or learning is applied to the affairs of others, either advising or guiding them, or otherwise serving their interest or welfare through the practice of a profession founded on such knowledge.

The map established by the Town Board under New York State Town Law § 270 showing streets, highways and parks.

Land left in a natural state for conservation and agricultural purposes or land landscaped for scenic purposes, devoted to active or passive recreation, or devoted to the preservation of distinctive architectural, historic, geologic or botanic sites. The term shall not include land that is paved, used for the storage, parking or circulation of automobiles, or occupied by any structure. Open space may be included as a portion of one or more large lots, or may be contained in a separate open space lot, but shall not include private yards within 50 feet of a principal structure.

An establishment primarily engaged in providing services involving the care of a person or his or her personal goods or apparel, such as a beautician, barber, tailor, or massage therapist.

A building or structure, or group of buildings or structures, that by design and construction is primarily intended for conducting organized religious services and associated accessory uses.

A body of water that has a depth of three feet or more below surrounding ground elevation.

A lot, parcel, tract, or plot of land together with the buildings and structures thereon.

The use and ownership of land or structures by an organization, catering exclusively to members and their guests, used for recreational and athletic purposes (including archery or firearm activities), and not involving vending or merchandising or other commercial activities except as required generally for the membership and purposes of such organization.

Private profit or nonprofit facility designed and used primarily as an educational institution, providing teaching and classes for its enrollees, with or without sleeping and eating facilities for the employees and enrollees.

A property or structures designated for public access with or without a fee. A park owned and/or operated by the Town shall be considered a Town use.

A valley with sharply sloping walls created by the action of stream waters or any other natural effect.

An establishment or other facility for carrying on investigation in the natural, physical, or social sciences, which may include engineering and product development.

Any structure having as a principal use the preparation and dispensing of foods and beverages for consumption on the premises or elsewhere (takeout), whether food is served upon order or taken by self-service and where there are no facilities for drive-through service.

An establishment where food and/or beverages are sold in a form ready for consumption, where some portion of the consumption takes place or is designed to take place outside the confines of the restaurant, and where ordering and pickup of food may take place outside the building.

Traditional establishments, such as florists, lumber and hardware stores, pharmacies, grocery stores, convenience stores, stationery stores, bookstores, video rental stores, clothing stores, department stores, shoe stores, antique stores, etc., that sell goods or merchandise to the general public for personal or household consumption.

Any age-restricted development, which may be in any housing form, including detached, and attached dwelling units, apartments, and residences, offering private or semiprivate rooms.

The highest elevation of a line of hills.

A strip of land acquired by reservation, dedication, prescription, or condemnation and intended to be occupied by a street, crosswalk, railroad, electrical transmission lines, oil or gas pipelines, waterline, sanitary line, storm sewer line, or other similar uses, and which exists for the purpose of allowing passage over the property of another.

An establishment engaged in the manufacture of lumber and lumber products from raw uncut timber.

Parcel of land used for the temporary use of travel trailers, tents, campers, cabins, etc.

A land use consisting of rental of storage space for personal property or business property in a warehouse building or in multiple individual units.

The State Environmental Quality Review Act (Environmental Conservation Law, Article 8).

The rental or lease of any dwelling space within a residential property to transient fee-paying guests for a period of 30 consecutive days or less, but not including spaces that are rented for an aggregate total of 30 days or less over a 365-day period or a single dwelling space (e.g., bedroom) within an owner-occupied residence. Such residential properties may or may not be owner- or operator-occupied. The short-term rental arrangement may or may not include provision of one or more meals. The short-term rental use only includes occupancy; other activities such as group gatherings (e.g., weddings) are a separate use.

Any device, including but not limited to letters, words, numbers, figures, emblems, logos, pictures or any combination of these, located out of doors or outside or on the exterior of any building, or affixed to the inside or outside of glass windows and doors, used for visual communication intended to attract the attention of the public and visible to the public right-of-way and/or other properties. Notwithstanding anything else in the foregoing to the contrary, the term "sign" does not include signs erected and maintained pursuant to and in furtherance of a governmental function or that are required by any law, ordinance, rule or regulation, on-site traffic control, circulation, parking, safety, and related signs, and signs demarking the boundaries of a property, such as "No Trespassing" or "Posted" signs.

A sign or any portion thereof having movement effected by mechanical or natural means, including, but not limited to, blinking, flashing and general intermittent light, as opposed to light of a constant intensity and value.

A sign typically constructed of a single plastic or metal shaft driven in the ground with an attached pennant that is vertically elongated and attached to the shaft and which is typically shaped as a feather, tear drop or blade.

Any sign not attached to or part of any building but separate and permanently affixed by any other means, in or upon the ground.

Any sign illuminated by electricity, gas or other artificial light either from the interior or exterior of a sign.

A sign, whether on its own trailer, wheels or otherwise, designed to be movable and not structurally attached to the ground, a building, a structure or another sign, including sidewalk signs.

A sign not exceeding six square feet in surface area and located not closer than six feet from any roadway that indicates that the premises on which it is located is for sale or for lease.

A portable sign constructed in such a manner as to form an "A" or tent-like shape, whether hinged or not at the top.

Any sign, except a real estate sign, that is not permanently affixed to a building or the ground.

A sign which is painted on or attached to the outside wall of a building with the face of the sign in the plane parallel to such wall.

Any sign visible from a sidewalk, street, parking area or driveway or other public space that is painted or affixed to the inside or outside of glass or other material.

A retail business that manufactures what is sold on premises. This category encompasses minimum to moderately sized retailing/manufacturing enterprises in commercial zones. The combination of retailing and manufacturing is the essential characteristic of the SBO, although it is understood that portions of what is produced on site may be sold online, wholesale or at external markets. SBOs are intended to include craft shops where artisans engage primarily in the handcrafted manufacture of small items, such as pottery, jewelry, weaving, custom woodwork, baskets, ceramics, clothing, flower arrangements, metalwork, musical instruments, paintings, sculpture, toys, soaps, candies and baked goods. An SBO may sell accessories, supplies and incidental items not produced on the premises, provided that no more than 20% of retail floor space is used for such sales. Other uses consistent with the uses enumerated above shall be at the discretion of the Zoning Enforcement Officer with appeal to the Zoning Board of Appeals.

A group of people organized for a common purpose to pursue common goals, interests, or activities and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings, and a constitution and bylaws.

Electrical energy storage devices, material, hardware, inverters, or other electrical equipment and conduit of photovoltaic devices associated with the production of electrical energy.

An electrical generating system composed of a combination of both solar panels and solar energy equipment.

A solar energy system that is anchored to the ground and attached to a pole or other mounting system, detached from any other structure for the primary purpose of on-site consumption.

A solar energy system that is ground mounted and produces energy primarily for the purpose of off-site sale or consumption. This system may also be referred to as a "solar farm."

A solar panel system located on the roof of any legally permitted building or structure for the purpose of producing electricity for on-site or off-site consumption.

A device that relies upon solar radiation as an energy source for the generation of electricity or transfer of stored heat.

A land use which is deemed permissible within a given zoning district or districts but which may have the potential to exhibit characteristics or create impacts incompatible with the purposes of such district. The special use shall, therefore, be subject to approval by the Planning Board in accordance with conditions set forth for such use, as well as other applicable provisions of this chapter.

A building in which horses are quartered, with remuneration.

A building in which horses are quartered, without remuneration.

A public or private way that affords the principal means of access to abutting structures.

A street that collects traffic from local streets and connects with minor and major arterials.

A street with access control, channelized intersections, and restricted parking and that collects and distributes traffic to and from minor arterials.

A street with signals at important intersections and stop signs on side streets and that collects and distributes traffic to and from collector streets.

Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. Among other things, structures include buildings, mobile homes, walls, fences and signs.

Any structure designed to accommodate an accessory use but detached from the principal structure, such as a freestanding garage for vehicles accessory to the principal use, a storage shed, garden house or similar facility.

The division of any parcel of land into two or more lots, with or without streets or highways, including subdivision of a single property previously separated by a road that meets all zoning requirements. Such division shall include resubdivision of parcels of land for which an approved plat or deed has already been filed in the office of the County Clerk. The term "subdivision" may include any alteration of lot lines or dimensions of any lots (i.e., lot line adjustment). They shall not be in conflict with any provision or portion of the Comprehensive Plan, the Official Map or Chapter 205, Zoning, or these regulations.

Any subdivision not classified as a minor subdivision, including but not limited to subdivisions of five or more lots, or any subdivision requiring any new street or extension of municipal services. Any minor subdivision resubdivided into five or more lots within a five-year period becomes a major subdivision.

Any subdivision containing not more than four lots fronting on an existing street, not involving any new street or extension of municipal facilities, and may include the alteration of lot lines or dimensions of any lots (i.e., lot line adjustment) with no additional lots being created.

The aggregate total of the dimensions of each solar panel face that comprise a solar energy system, irrespective of the angle at which the solar panels are mounted or the space between them.

See "garage sale."

Any structure greater than 35 feet in height which is capable of receiving and/or transmitting signals (for the purpose of communication) for commercial purposes.[7]

A mobile structure used for facilitating a project or event. It may contain office space, storage space or facilities specific to and for the duration of the project or event.

A mobile or manufactured home, including a recreational vehicle, that is sited on an approved lot and used as a single-family residence or a period of time not to exceed 12 months.

A building or part of a building devoted to showing motion pictures or for dramatic, dance, musical, or other live performances.

Any structure, building or land use activity that directly relates to the administration or performance of Town of New Lebanon functions, pursuant to the Town Code, Town budget, or resolutions passed by the Town Board.

An area and building where trucks load and unload cargo and freight and where the cargo and freight may be broken down or aggregated into smaller or larger loads for transfer to other vehicles or modes of transportation.

The specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.

Any previously owned motor vehicle that is for sale, meets state inspection requirements and is ready to be driven by a customer.

A modification of the use and/or area and bulk regulations of this chapter in an individual case where, due to specific facts and conditions peculiar to a particular property, literal application and strict enforcement would result in undue and unnecessary hardship or practical difficulty that would deprive the owner of a reasonable use of the land or structure. Such unnecessary hardship or practical difficulty shall not be construed to include mere inconveniences or a desire to make more money.

A variance from the area and bulk requirements or supplementary regulations of a related character (such as amount, size, location of design or access, off-street parking, landscaping, signs) to authorize on a specific lot a permitted use which could not feasibly be established without relief from one or more of the dimensional requirements pertaining to the district.

A variance from the use regulations to allow the establishment on a specific lot of a use otherwise prohibited in the district.

A facility for the care and treatment of injuries and diseases of animals and operated by a licensed veterinarian.

A building used primarily for the storage of goods and materials.

A facility designed for the storage and sale of goods and merchandise, in quantity and primarily for sale to retail merchants.

An open unoccupied space on the same lot with the building between the front line of the building and the front line of the lot and extending the full width of the lot.

An open unoccupied space on the same lot with the building between the rear line of the building and rear line of the lot and extending the full width of the lot.

See "garage sale."

An open unoccupied space on the same lot with the building situated between the building and the side lot line of the lot and extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed a side line.

Person(s) authorized to enforce this chapter.