N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 646-8.3

Current through Register Vol. 46, No. 53, December 31, 2024

Section 646-8.3 - Restrictions and conditions

On or after the effective date of this Subpart, no person shall build, erect or construct any commercial project, or enlarge, expand or convert to another use any existing commercial use within the zone established by this Subpart. For the purpose of this Subpart, the term commercial use shall mean the use of land for any purpose from which a profit of any kind may be derived, other than the lease of residential property for single-family residential purposes, and shall include the subdivision and/or development of property for commercial gain. For the purpose of this Subpart the term commercial project shall mean any commercial use which involves the construction or erection of a temporary or permanent structure, but shall not include:

(a) any project that has received all Federal, State and local permits and approvals, including building permits, necessary to commence construction prior to the effective date of this Subpart provided that such permits and approvals are in effect on the effective date of this Subpart, except for routine, ministerial permits and approvals that are issued during the course of construction based upon the progress of construction and ministerial permit renewals;

(b) the construction of a single-family residence or an accessory structure, including a residential dock, wharf or mooring, on a lot or parcel which:

(1) is part of a subdivision that has received all Federal, State and local governmental approvals necessary for such subdivision prior to the effective date of this Subpart and which was properly filed in accordance with the requirements of State law prior to the effective date of this Subpart; or

(2) which lot was lawfully in existence prior to the effective date of this Subpart; provided that, prior to the effective date of this Subpart, the lot or parcel on which the structure is to be constructed has been deeded to the person who intends to reside in or lease the structure for single-family residential purposes and the structure is not part of a device or scheme to construct and/or operate two or more structures for rental purposes;

(c) the maintenance, repair or renovation of existing facilities and structures, provided that the same does not expand or enlarge the facility or structure, or convert it to another use; or

(d) any project from which all stormwater runoff and wastewater are discharged outside of the watershed of Lake George if the staff of the commission first determines in writing that all such discharge actually occurs outside of said watershed.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 646-8.3