For the purposes of this chapter only, certain
words and terms used herein are defined in this article.
The following rules of construction apply to
the language of this chapter:
A.
The specific shall control the general.
B.
All words used in the present tense include the future
tense.
C.
All words in the singular number include the plural
number and vice versa, unless the natural construction of the wording
indicates otherwise.
D.
Words used in the masculine gender include the feminine
and neuter and vice versa, unless the natural construction of the
wording indicates otherwise.
E.
The word "shall" is mandatory; the word "may" is permissive.
F.
The word "includes" shall not limit a term to the
specified examples, but is intended to extend its meaning to all other
instances or circumstances of like kind or character.
G.
Unless the context clearly indicates the contrary,
where a regulation involves two or more items, conditions, provisions
or events connected by the conjunction "and," "or" or "either ...
or," the conjunction shall be interpreted as follows:
(1)
"And" indicates that all the connected items, conditions,
provisions or events shall apply.
(2)
"Or" indicates that the connected items, conditions,
provisions or events may apply singly or in any combination.
(3)
"Either ... or" indicates that the connected items,
conditions, provisions or events shall apply singly but not in combination.
H.
A building or structure includes any part thereof.
I.
Each of the words "lot," "plot" and "tract of land"
shall include the others.
J.
The word "premises" shall include land and buildings
thereon.
K.
The words "occupied" and "used" shall be considered
to be followed by the words "or intended, arranged or designed to
be occupied or used," unless the natural construction of the wording
indicates otherwise.
L.
References made to officials and official bodies shall
mean officials and official bodies of the Town of Wappinger, unless
the natural construction of the wording indicates otherwise.
M.
The term "Comprehensive Plan" means the Town of Wappinger
Comprehensive Plan adopted by the Town Planning Board.
N.
Unless otherwise specified, all distances shall be
measured horizontally.
O.
In case of any difference of meaning between the text
of this chapter and any caption or illustration, the text shall control.
P.
The term "Zoning Administrator" means the person designated
by the Town Board to administer this chapter.
Q.
Where terms are not defined, they shall have their
ordinarily accepted meanings or such as the context may imply.
As used in this chapter, the following terms
shall have the meanings indicated:
A dwelling unit which is incidental and subordinate to and
located within a permitted one-family dwelling.
[Amended 6-27-2005 by L.L. No. 6-2005; 5-14-2018 by L.L. No. 6-2018]
The Telecommunications Act of 1996.
[Added 4-27-1998 by L.L. No. 4-1998]
Capacity is considered to be adequate if the grade of service
is p.02 or better based on the Erlang "B" formula for at least 50%
of the days in a preceding month, prior to the date of application,
as measured using direct traffic measurement of the personal wireless
service facility in question, where the call blocking is due to frequency
contention at the antenna(s).
[Added 4-27-1998 by L.L. No. 4-1998]
Coverage is considered to be adequate within that area surrounding
a base station where the predicted or measured median field strength
of the transmittal signal is greater than or equal to -95 dbm for
at least 75% of the intended coverage area. It is acceptable for there
to be holes within the area of adequate coverage where the signal
is less than -95 dbm, as long as the signal regains its strength to
greater than or equal to -95 dbm further away from the base station.
For the limited purpose of determining whether the use of a repeater
is necessary or desirable, there shall be deemed not to be adequate
coverage within said holes. The outer boundary of the area of adequate
coverage, however, is that location past which the signal does not
regain a strength of greater than or equal to -95 dbm.
[Added 4-27-1998 by L.L. No. 4-1998]
An establishment, whether retail or wholesale, having more
than 20% of its stock-in-trade in recordings, books, magazines, periodicals,
films, videotapes/cassettes or other audio or viewing materials for
sale or viewing on or off the premises, which materials are distinguished
or characterized by their emphasis on matter depicting, describing
or relating to sexual activities or sexual anatomical areas and which
establishment excludes minors by reason of age.
An establishment which presents topless and/or bottomless
dancers, strippers, male or female impersonators, exotic dancers or
other similar entertainers and which establishment excludes minors
by reason of age.
A hotel or motel which is not open to the public generally
but excludes minors by reason of age or which makes available to its
patrons in their rooms films, slide shows and/or videotapes with material
distinguished or characterized by their primary emphasis on matter
depicting, describing or relating to sexual activities or sexual anatomical
areas which, if presented in a public movie theater, would exclude
minors by reason of age.
An establishment presenting films, videotapes/cassettes or
other viewing materials to patrons, which materials are distinguished
or characterized by its primary emphasis on matter depicting, describing
or relating to sexual activities or sexual anatomical areas for observation
by patrons and which establishment excludes minors by reason of age.
This use includes adult book and/or video store, adult cabaret,
adult hotel or motel, adult theater, massage establishment and any
other use which is distinguished or characterized by its emphasis
on sexual activities or sexual anatomical areas and which exclude
minors by reason of age. Any use, such as for example a hotel, which
includes any form of adult use as a principal use or as an accessory
use shall be considered an adult use for the purposes of this chapter.
Any self-propelled vehicle which is manufactured for sale
for operation primarily on off-highway trails or off-highway competitions
and only incidentally operated on public highways and as further defined
by § 2281 of the New York State Vehicle and Traffic Law
or any successor statute. All-terrain vehicles shall include, but
not be limited to, off-road motorcycles, minibikes, go-carts and snowmobiles
but shall exclude golf carts.
[Added 1-28-2013 by L.L. No. 6-2013]
To change, enlarge or rearrange the structural parts or the
entrance or exit facilities of a structure or to move a building from
one location or position to another.
A device which is attached to a tower or other structure, for transmitting and receiving electromagnetic waves, including but not limited to the transmitting and receiving of electromagnetic waves in conjunction with radio and television services. For the purpose of § 240-81 of the Zoning Law of the Town of Wappinger, this term shall not include antennas which are incidental to an accessory use.
[Added 4-27-1998 by L.L. No. 4-1998]
A passenger motor vehicle which is a minimum of 40 years
of age and having a curb weight of not more than 6,000 pounds.
[Added 6-12-2017 by L.L.
No. 3-2017]
Any use involving the individual creation, fabrication, storing
or retail sale of items or articles considered to be of an artistic
nature, including drama, music, painting, pottery and sculpture studios.
A land survey that shows the final horizontal and vertical
field location of constructed improvements on a lot including any
approved design changes and field changes. This type of survey depicts
the location of all improvements on a site including aboveground and
below-ground structures such as buildings, parking areas, utilities,
storm drainage systems, sewer disposal systems, water supply systems
and any other constructed features.
The space on a tower or structure to which antennas of a
personal wireless service provider are both structurally able and
electromagnetically able to be attached and which is available for
rental to the applicant at fair market prices and terms and on which
space and location will provide necessary coverage.
[Added 4-27-1998 by L.L. No. 4-1998]
An establishment serving alcoholic and nonalcoholic beverages
for consumption on premises and where food may be served as an accessory
use. The term "bar" includes the terms "barroom," "wine bar," "tavern,"
"pub" and "saloon." A bar may include an accessory entertainment use.
[Added 5-14-2018 by L.L.
No. 6-2018]
A portion of a building which is partly underground, but
which has less than half of its clear height below the average elevation
of the adjoining ground. (See definition of "cellar" for comparison.)
The primary sending and receiving site in a wireless telecommunications
network. More than one base station and/or more than one variety of
personal wire service provider can be located on a single tower or
structure.
[Added 4-27-1998 by L.L. No. 4-1998]
A dwelling containing more than two but fewer than six rooms
without individual kitchen facilities, which are provided or offered
for occupation by transient guests for sleeping purposes for compensation.
The term "bed-and-breakfast establishment" shall not include motels,
hotels, multifamily dwellings or boardinghouses.
A building or portion thereof containing three or more sleeping
rooms or efficiency units that are occupied on a nontransient basis
for compensation, whether the compensation is paid directly or indirectly.
Notwithstanding the above, a boardinghouse shall be permitted to have
one one-bedroom dwelling unit for the caretaker of the premises. The
term "boardinghouse" shall be deemed to include rooming house, but
not bed-and-breakfast establishment, inn, motel, hotel, halfway house
or multifamily dwelling.
[Amended 11-12-2013 by L.L. No. 14-2013]
Any structure having a roof which is self-supporting or supported
by columns, studs, poles or similar supports or by walls, and which
is intended for the shelter, housing or enclosure of persons, animals
or property.
[Amended 1-23-2012 by L.L. No. 3-2012]
A building which is subordinate to the principal building
on the lot and used for purposes customarily incidental to that of
the principal building. Accessory buildings shall include but not
be limited to barns, garages, sheds, huts, garage- or shed-like tents,
fabric shelters, etc. Where an accessory building is attached to the
principal building in a substantial manner, as by a common wall or
roof, such accessory building shall be considered part of the principal
building. An accessory building connected to the principal building
by an enclosed and heated breezeway shall also be considered part
of the principal building.
[Amended 1-23-2012 by L.L. No. 3-2012; 9-9-2013 by L.L. No.
13-2013; 4-27-2015 by L.L. No. 1-2015; 1-30-2017 by L.L. No. 1-2017;[2] 9-10-2020 by L.L. No. 3-2020]
The total area taken on a horizontal plane at the main grade
level of all principal buildings and all accessory buildings, exclusive
of uncovered porches, parapets, steps and terraces.
That percentage of the lot area covered by the combined building
area of all buildings or structures on the lot.
The greatest vertical distance measured from the adjoining
finished grade at the front of a building to the highest point of
the roof if the roof is flat or to the mean level between the eaves
and the highest point of the roof if the roof is of any other type.
[Amended 8-5-2002 by L.L. No. 10-2002]
A building product that incorporates photovoltaic modules
and functions as a component of the building envelope, which includes
photovoltaic siding, photovoltaic canopies and awnings, photovoltaic
shingles and other photovoltaic roof coverings (ICC Code def).
[Added 7-11-2016 by L.L.
No. 2-2016]
A solar energy system that uses building-integrated photovoltaic
products.
[Added 7-11-2016 by L.L.
No. 2-2016]
The least horizontal distance between the furthermost walls
of a building, measured along or parallel to the axis of its greatest
dimension.
A building in which is conducted the main or principal use
of the lot on which said building is situated.
A line indicating the minimum horizontal distance permitted
between the outside line of a structure or building or any projection
thereof in excess of three feet from the foundation and the lot line
or street line.
Any area of land or of land and water, including any buildings,
tents, shelters or other accommodations, which are intended for temporary
or seasonal living purposes, and any dwelling units on such land which
are occupied by the owner, caretaker or superintendent.
Any camp, as defined in this chapter, offering day care or
instruction for adults or children.
A portion of a building which is partly or wholly underground
and which has half or more than half of its clear height below the
average elevation of the adjoining ground. (See definition of "basement"
for comparison).
The segment of the radiation spectrum from an antenna which
carries one signal. An antenna may radiate on many channels simultaneously.[3]
[Added 4-27-1998 by L.L. No. 4-1998]
A voluntary organization, not conducted for gain, with the
facilities catering principally to members and to their guests for
recreational, athletic or social purposes.
An establishment engaged in laundering and/or supplying laundered
items, such as uniforms, gowns and coats, table linens, bed linens
and clean room apparel on a rental or contract basis to entities such
as industrial plants, institutions, retail establishments and hospitality
industries.
Commercial facilities designed and used for the following
participatory athletic and general recreation activities and including
the incidental retail sale of sundries, snacks and other refreshments:
Miniature golf courses.
Water parks, including water slides and wave
pools.
Boat and/or jet ski rentals.
Amusement parks, typically including facilities
such as ferris wheels, roller coasters and other motorized or mechanical
rides and games, batting cages, bumper boats, go-cart tracks and bungee
jumping.
Gymnastic centers.
Outdoor roller parks, designed and used for
skateboarding, roller-blading and/or roller-skating.
Indoor roller rinks, designed and used for ice
skating, hockey, figure skating, roller-skating and/or roller-blading.
Amusement centers, typically consisting of coin-
or token-operated machines and devices such as video, pinball and
billiard games.
Bowling alleys.
A structure located at a base station designed principally
to enclose equipment used in connection with personal wireless service
transmissions.
[Added 4-27-1998 by L.L. No. 4-1998]
Facilities providing residential care and services in community
integrated settings to 40 or more ambulatory adults, primarily persons
65 years of age or older, who may require assistance with daily activities.
Such services include twenty-four-hour supervision, room and board,
housekeeping, case management, recreation programs, medication management
and, where necessary, provision or arrangement for the provision of
enhanced professional services such as medical, nursing, physical
therapy and other personal care services. Congregate care facilities
include assisted living program and adult care facilities run in accordance
with New York State requirements.
[Added 1-26-1998 by L.L. No. 1-1998]
Any establishment where three or more persons suffering from
or afflicted with or convalescing from any infirmity, disease or ailment
are habitually kept or boarded or housed for remuneration, other than
municipal or incorporated hospitals and establishments licensed by
the State Commissioner of Mental Hygiene and other than maternity
homes licensed by the State Commissioner of Health.
A lot situated at the junction of and fronting on two or
more intersecting streets where the angle of the streets is 135°
or less.
The pet remains after cremation.
[Added 10-27-2008 by L.L. No. 7-2008]
A structure, together with the necessary surrounding lands,
which contains a program providing care for three or more children
away from their home for more than three hours per day, excluding
those children receiving family day care, as defined in this section.
The term "day-care center" shall not refer to a day camp; an after-school
program operated for the primary purpose of religious education; or
a facility operated by a public school district.
Unit of measure of the power level of an electromagnetic
signal expressed in decibels referenced to one milliwatt.
[Added 4-27-1998 by L.L. No. 4-1998]
A unit of measurement of intensity of sound (the sound pressure
level).[5]
A group of residential dwelling units and accessory uses
constructed or to be constructed as a unified project under a General
Land Use and Development Plan approved in accordance with the requirements
of this chapter.
A lot or parcel of land or part thereof, used primarily for
the disposal by abandonment, dumping, burial, burning, or any other
means and for whatever purpose, of garbage, sewage, trash, refuse,
junk, discarded machinery, vehicles or parts thereof or waste material
of any kind. (See definition of "junkyard" for comparison).
Solid particulate matter capable of being air or gas borne.
A building containing one or more dwelling units.
A dwelling containing three or more dwelling units.
A dwelling containing a single principal dwelling unit.
A dwelling containing two principal dwelling units.
A building or portion thereof providing complete housekeeping
facilities for one family including independent kitchen, sanitary
and sleeping facilities, and physically separate from any other dwelling
unit, whether or not in the same building.
A dwelling unit having at least one common wall, floor or
ceiling with one or more other dwelling units.
A single dwelling unit located in its own separate building
which does not abut any other dwelling unit.
A small dwelling unit, usually consisting of a single room
and a bathroom, within a boardinghouse or multifamily dwelling.
[Added 11-12-2013 by L.L. No. 14-2013]
The determination that the new signal from and to the proposed
new antenna will not significantly interfere with the existing signals
from and to other facilities located on the same tower or structure
as determined by a qualified telecommunications engineer. The use
of available technologies to alleviate such interferences shall be
considered when making this determination.
[Added 4-27-1998 by L.L. No. 4-1998]
Electromagnetic field.
[Added 4-27-1998 by L.L. No. 4-1998]
Effective radiated power.
[Added 4-27-1998 by L.L. No. 4-1998]
A property, or any part thereof, which is owned or leased
by one or more personal wireless service providers and upon which
one or more personal wireless service facility(ies) and required landscaping
are located.
[Added 4-27-1998 by L.L. No. 4-1998]
A structure designed for residential occupancy, which is
constructed by a method or system of construction whereby the structure
or its components are wholly or in substantial part manufactured in
manufacturing facilities and which is intended or designed for permanent
installation or assembly and permanent installation, on a foundation,
on a building site.
A group of related individuals living and cooking together
as a single housekeeping unit, or a group of unrelated individuals
living and cooking together as a single housekeeping unit in a manner
which is the functional equivalent of said related individuals. A
foster home under the jurisdiction of a public agency shall be considered
a family for the purpose of this chapter.
[Amended 9-24-2001 by L.L. No. 5-2001]
A structure, together with the necessary surrounding lands,
which contains a program providing care for at least three but not
more than six children away from their home for more than three hours
per day. A family day-care home, as defined herein, is generally operated
in an existing residential structure by a resident thereof and is
subject to licensing by the New York State Department of Social Services.
Livestock, poultry and insects customarily associated with
agricultural operations, such as cattle, sheep, hogs, goats, horses,
chickens, guinea fowl, pigeons, ratites such as ostriches, emus, rheas
and kiwis, farmed deer, farmed buffalo, fur-bearing animals, wool-bearing
animals such as alpacas and llamas, and bees.
[Added 1-23-2012 by L.L. No. 3-2012]
Animals including cattle, sheep, hogs, goats, horses, ratites
such as ostriches, emus, rheas and kiwis, farmed deer, farmed buffalo,
and wool-bearing animals such as alpacas and llamas.
[Added 1-23-2012 by L.L. No. 3-2012]
The use of a parcel of land either as a principal use or
as an accessory use for the purpose of producing agricultural, horticultural,
floricultural, vegetable or fruit products of the soil, livestock
or meats, poultry, eggs, dairy products, nuts, honey, wool or hides,
but shall not include the breeding, raising or maintaining of fur-bearing
animals or piggeries, abattoirs, riding academies, livery stables
or commercial kennels.
A business enterprise primarily engaged in the sale of preprepared
or quickly prepared food and beverages in disposable containers or
wrappers, selected by patrons from a limited line of specialized items
such as hamburgers, chicken, pizza, tacos, hot dogs, ice cream or
yogurt for consumption either on or off the premises, in a facility
in which a major portion of the sales to patrons is at a stand-up
or drive-through type counter. A delicatessen or a restaurant selling
food and beverages for consumption off the premises is not a fast-food
establishment, provided that such sale as described above is not the
principal business of the establishment. The conduct of a bakery or
delicatessen shall not be deemed to be a fast-food establishment.
Federal Communications Commission; the government agency
responsible for regulating telecommunications in the United States.
[Added 4-27-1998 by L.L. No. 4-1998]
A change to an approved plan made during the course of site
development work or construction work required by unforeseen site
constraints and/or technical or engineering considerations where the
change does not match the plan that was originally approved but is
generally consistent with the approved plan.
Any map or plat filed in the County Clerk's office of Dutchess
County.
A temporary increase in stream flow or stage that results
in water inundating areas adjacent or near to the usual channel.
The highest level of flood that, on the average, is that
which has a one-percent chance of occurring in any year.
The channel of a watercourse and its adjacent areas subject
to inundation by the one-hundred-year recurrence interval flood.
The sum of the gross horizontal area of every floor of a
building or buildings, measured from the exterior faces of the outside
walls of such buildings, but not to include porches, terraces, basements,
cellars or unfinished floor areas having a clear head room of less
than seven feet.
The gross floor area of all buildings on a lot divided by
the area of such lot.
The number of oscillations per second of a vibration.
The continuous extent of a lot along a street.
An accessory building or that part of a principal building
which is primarily used only for the storage of motor vehicles belonging
to residents, employees or visitors of the premises.
A building or portion thereof used for the storage, care
or repair of motor vehicles for remuneration, including but not limited
to the conduct of engine work, body work, major structural repair,
painting or restoration. Permitted accessory uses may include the
sale of motor fuels dispensed from pumps, the sale of motor vehicle
accessories and supplies, and/or the rental of motor vehicles.
[Amended 9-24-2001 by L.L. No. 5-2001]
An area of land, including structures thereon or a building
or part thereof, other than a repair garage, that is used for the
sale of motor fuels dispensed from pumps and motor vehicle accessories
and supplies. Permitted accessory uses may include facilities for
lubricating, washing or other minor servicing of motor vehicles and/or
the retail sale of convenience items, including but not limited to
snacks and beverages, provided such accessory uses are located indoors.
The rental of motor vehicles is also a permitted accessory use. The
conduct of motor vehicle body work, major structural repair or painting
by any means are not permitted accessory uses.
[Amended 9-24-2001 by L.L. No. 5-2001]
Gigahertz; 1,000,000,000 hertz.
[Added 4-27-1998 by L.L. No. 4-1998]
The finished grade at any point along the wall of a building
shall be the elevation of the completed surfaces of lawns, walks and
roads adjoining the wall at that point.
A measure of the percentage of calls which are able to connect
to the base station during the busiest hour of the day. Grade of service
is expressed as a number, such as p.02, which means that 98% of callers
will connect on their first try. A lower number (p.01) indicates a
better grade of service.
[Added 4-27-1998 by L.L. No. 4-1998]
A building used as a conservatory for the growing and protection
of flowers or plants and for the propagation and culture thereof.
A solar energy system mounted on a structure, pole or series
of poles constructed specifically to support the photovoltaic system
and attach it to the ground and not attached to any other structure.
Ground-mounted solar energy systems include ground-mounted photovoltaic
systems and ground-mounted solar thermal systems.
[Added 7-11-2016 by L.L.
No. 2-2016]
A facility used for the diagnosis and treatment of human
patients by a health care professional that does not include overnight
care facilities. This definition includes, but is not limited to,
the office of a single health care professional, a group practice,
an urgent care facility, a dialysis facility, a physical therapy facility,
or an imaging facility.
[Added 3-28-2016 by L.L.
No. 1-2016]
A physician, psychiatrist, podiatrist, chiropractor, osteopath,
audiologist, holistic medical practitioner, nurse practitioner, physical
therapist, dentist, orthodontist, periodontist or similar such professionals
that are licensed by the State of New York to provide health-related
services to the general public.
[Added 3-28-2016 by L.L.
No. 1-2016]
Membership facilities designed and used for body conditioning
and rehabilitation, including activities such as weight training,
racquet sports and aerobic and related class exercises. Health, exercise
or fitness clubs may contain equipment such as whirlpools, saunas,
steam rooms, showers, locker facilities and the incidental retail
sale of sundries, snacks and other refreshments.
One hertz is the frequency of an electric or magnetic field
which reverses polarity once each second or one cycle per second.
[Added 4-27-1998 by L.L. No. 4-1998]
The performance of a service for gain, which is conducted
entirely within a dwelling unit or an accessory building meeting all
applicable setback requirements, by the residents or owners thereof,
which use is clearly incidental and secondary to the use of the dwelling
unit for residential purposes and does not change the character thereof,
which does not have any exterior evidence of such accessory use other
than a permitted nameplate and which does not involve the keeping
of stock in trade. A home occupation shall be limited to one employee,
excluding the owner. A home occupation shall expressly be deemed to
not include the sale of goods, products, equipment or materials, of
every kind, nature or description (e.g., the sale of motor vehicles),
or the conduct of a clinic, hospital, tearoom, boardinghouse, animal
hospital, commercial kennel, convalescent home or funeral home.
[Amended 9-9-2013 by L.L. No. 13-2013]
A building providing primarily inpatient services for the
diagnosis and treatment of human ailments, including a sanatorium.
[Amended 3-28-2016 by L.L. No. 1-2016]
A building or portion thereof, containing rooms without individual
kitchen facilities, occupied by transient guests who are lodged with
or without meals, which rooms have primary access from public halls
and which such building or portion thereof may contain public rooms
or halls for the service of food and drink, with or without entertainment,
and other facilities intended to provide customary accessory conveniences
or services normally incidental to and associated with such use.
The same as "mobile home."
The placement of pet remains in the earth or in a tomb.
[Added 10-27-2008 by L.L. No. 7-2008]
The placement of pet remains in an urn or in a tomb.
[Added 10-27-2008 by L.L. No. 7-2008]
An area of land, with or without buildings, used for the
outdoor storage of used and discarded materials, including but not
limited to wastepaper, rags, metal, building materials, house furnishings,
machinery, unlicensed vehicles or parts thereof, with or without the
dismantling, processing, salvage, sale or other use or disposition
of the same. The deposit or storage of two or more wrecked or broken
vehicles or the major parts of two or more such vehicles on a lot
for a period exceeding six months shall be deemed to make the lot
a junkyard. (See definition of "dump" for comparison.)
An establishment for the treatment, care, boarding or breeding
of dogs or cats for remuneration.
Structures, runs, storage areas or other customary appurtenant
and accessory buildings, structures or facilities used for the keeping
of four or more dogs or three or more cats over five months of age
for noncommercial purposes.
[Amended 1-23-2012 by L.L. No. 3-2012]
An establishment primarily engaged in making dentures, artificial
teeth, and orthodontic appliances to order for the dental profession,
where patients are not ordinarily seen.
[Added 3-28-2016 by L.L.
No. 1-2016]
An establishment primarily engaged in providing professional
analytic or testing services to the medical profession, where patients
are not ordinarily seen; or an establishment primarily engaged in
making prosthetic devices or hearing devices to order for the medical
profession.
[Added 3-28-2016 by L.L.
No. 1-2016]
An off-street area or berth for the loading or unloading
of commercial vehicles.
A parcel of land occupied or capable of being occupied by
one building and the accessory buildings or uses customarily incident
to it, including such open spaces as are arranged and designed to
be used in connection with such buildings.
The total horizontal area included within the lot lines of
a lot.
The mean horizontal distance between the front and rear lot
lines measured in the general direction of the side lot lines.
A property line bounding a lot.
In the case of a lot abutting only one street, the lot line
separating the lot from the street; in case of any other lot, the
owner may elect any lot line abutting a street as the front lot line.
The lot line which is generally opposite the front lot line.
If the rear lot line is less than 10 feet in length or if the lot
comes to a point at the rear, the rear lot line shall be deemed to
be a line drawn parallel to the front lot line not less than 10 feet
long, lying wholly within the lot and farthest from the front lot
line.
The horizontal distance between the side lot lines taken
at the front yard line or principal building line and measured along
a line which is at right angles to the lot depth.
Any change in maximum power input or output and/or number
of channels or number of antennas and/or change in operating frequency
approved under an existing special permit or site plan.
[Added 4-27-1998 by L.L. No. 4-1998]
Any change or proposed change, in power input or output,
number of antennas, change in antenna(s) type or model, repositioning
of antenna(s), change in number of channels per antenna above the
maximum number approved under an existing special permit; also, any
increase or proposed increase in dimensions of an existing and permitted
tower or other structure designed to support personal wireless service
transmission, receiving and/or relaying antennas and/or equipment.
[Added 4-27-1998 by L.L. No. 4-1998]
A method of treating the external part of the human body
by rubbing, stroking, kneading, tapping or vibrating with the hand
or any instrument.
An establishment where massages are administered, excluding
hospitals, nursing homes, medical clinics, offices of practitioners
duly licensed by the State of New York, and also excluding barbershops,
beauty salons or spas in which massages are administered only to the
scalp, face, neck, back, feet and/or shoulders. This definition shall
also exclude health, exercise or fitness clubs that have facilities
for physical exercise such as tennis courts, racquetball courts and/or
exercise rooms and which do not receive their primary source of revenue
through the administration of massages. This definition shall further
exclude any volunteer fire department or volunteer rescue squad, any
nonprofit organization operating a community center and other such
similar educational, cultural, recreational or athletic facilities.
A massage establishment where any of the practitioners are not licensed
by the State of New York shall be considered to be an adult use as
defined herein.
[Amended 11-13-2019 by L.L. No. 6-2019]
Any individual who administers a massage to another individual
at a massage establishment. This definition shall not include practitioners
duly licensed by the State of New York.[7]
Megahertz; 1,000,000 hertz.
[Added 4-27-1998 by L.L. No. 4-1998]
A facility for the production, packaging and sampling of
malt beverages of alcoholic and/or nonalcoholic content for retail
or wholesale distribution, on or off the premises, which does not
produce more than 75,000 barrels of beverage per year and which is
subject to State Liquor Authority licensing.
[Added 5-14-2018 by L.L.
No. 6-2018]
A facility for the production, packaging and sampling of
non-malt beverages of alcoholic content for retail or wholesale distribution,
on or off the premises, which does not produce more than 75,000 gallons
of beverage per year and which is subject to State Liquor Authority
licensing.
[Added 5-14-2018 by L.L.
No. 6-2018]
A movable or portable unit designed and constructed to be
towed on its own chassis, comprised of frame and wheels, to be connected
to utilities and designed and constructed without a permanent foundation,
for year-round living. A unit may contain parts that may be folded,
collapsed or telescoped when being towed and expanded later to provide
additional cubic capacity as well as two or more separately towable
components designed to be joined into one integral unit capable of
being again separated into the components for repeated touring. "Mobile
home" shall mean units designed to be used exclusively for residential
purposes, excluding travel trailer.
Any plot of ground upon which two or more mobile homes occupied
for dwelling or sleeping purposes, are or can be located, regardless
of whether or not a charge is made for such accommodation. The term
"mobile home park" shall include the terms "house trailer park," "mobile
home trailer park," "trailer camp" or other similar phrase.
The measurement, by the use of instruments in the field,
of the electromagnetic radiation from a site as a whole or from individual
personal wireless service facilities, towers, antennas or repeaters.
[Added 4-27-1998 by L.L. No. 4-1998]
An approved testing protocol as defined in the most current
FCC regulations. As of August 15, 1997, the most current practice
is referenced in FCC regulations, Title 47, Part 1, Section 1.1307,
as IEEE C95.3 1991. The SPGA may, as the technology changes, require
by written regulation the use of other testing protocols. A copy of
the monitoring protocol shall be on file with the Town Clerk.
[Added 4-27-1998 by L.L. No. 4-1998]
A series of attached or detached dormitory units, having
a private outside entrance for each unit, providing an automobile
parking space convenient to each unit and providing lodging with or
without meals and other incidental services for a transient clientele.
"Automobile court" and "tourist court" shall both be deemed to be
a motel.
Use of a net energy meter to measure the net amount of electricity
supplied to the premises equipped with a solar energy system less
the electricity provided by the solar energy system to the electric
corporation. Net metering shall be in accordance with NY Public Service
Law § 66-j.
[Added 7-11-2016 by L.L.
No. 2-2016]
The gross area of a property minus 100% of the area of wetlands,
lands within the one-hundred-year floodplain, and areas of steep slopes
in excess of 25% when measured over a distance of 50 feet.
[Added 9-9-2002 by L.L. No. 13-2002]
A use of a building, structure or land that does not conform
to the regulations as to use in the zoning district in which it is
located, which use was lawful under the Zoning Law in effect at the
time the use was established.
A business enterprise providing care or instruction of three
or more children less than six years old and operated in accordance
with the Social Services Law of the State of New York.
The same as "convalescent home."
A means of dividing the range of sound frequencies into octaves,
in order to classify sound according to pitch.
An instrument, standardized by the American Standards Association,
used in conjunction with a sound level meter to take measurements
in specific octave bands.
A map, adopted by the Town Board in accordance with the provisions
of § 270 of the Town Law, showing streets, highways and
parks. Drainage systems may also be shown on this map.
An off-street area containing one or more parking spaces,
with passageways and driveways appurtenant thereto, having usable
access to a street.
An off-street space available for the parking of one motor
vehicle on a transient basis, having usable access to a street.
Any finely divided liquid or solid matter, including smoke,
capable of being air or gas borne.
An establishment operated by a person, partnership or corporation
which loans money on deposit or pledge of personal property, other
than securities or printed evidences of indebtedness, or deals in
the purchasing of personal property on condition of selling said property
back at a stipulated price.
[Added 5-11-2009 by L.L. No. 5-2009]
A business enterprise engaged in providing services involving
the care of a person or his or her personal goods or apparel, including
but not limited to beauty and barber shops, dressmakers, tailor shops,
watch repair, clothing and shoe repair, laundromats, laundry and dry
cleaners (not including commercial or industrial laundries), nail
salons and tanning salons, and excluding tattoo parlors.
Commercial mobile service, unlicensed wireless services and
common carrier wireless exchange access services, which services are
regulated by the Federal Communications Commission (FCC) in accordance
with and as the term "personal wireless service" is defined in the
Communications Act of 1934, as amended by the Telecommunications Act
of 1996, 47 U.S.C. § 332(c)(7)(C), or as hereafter amended.
These services include cellular services, personal communications
services (PCS), specialized mobile radio services and paging services.
[Added 4-27-1998 by L.L. No. 4-1998]
Any equipment used in connection with the commercial operation
of personal wireless services facility, as defined in the Communications
Act of 1934, as amended by the Telecommunications Act of 1996, 47
U.S.C. § 332(c)(7)(C), or as hereafter amended, to transmit
and/or receive frequencies, including but not limited to antennas,
monopoles, equipment, appurtenances and structures.
[Added 4-27-1998 by L.L. No. 4-1998]
An entity licensed by the FCC to provide personal wireless
services.
[Added 4-27-1998 by L.L. No. 4-1998]
Any domestic animal that has been adapted or tamed to live
in intimate association with people, but is not limited to dogs, cats,
rodents, fish, birds, snakes, turtles, lizards, frogs and rabbits,
but excluding farm animals as defined herein.
[Added 10-27-2008 by L.L. No. 7-2008; amended 1-23-2012 by L.L. No. 3-2012]
Any facility providing the cremation of pets to veterinarians
or members of the general public, by any person for a fee, whether
or not not-for-profit, and which is licensed under § 750
of Article 35-C of the General Business Law of New York State.
[Added 10-27-2008 by L.L. No. 7-2008]
An establishment for the care or boarding of pets for remuneration.
[Added 9-9-2013 by L.L. No. 13-2013]
A complete, environmentally protected unit consisting of
solar cells, optics and other components, exclusive of a tracker,
designed to generate DC power when exposed to sunlight (ICC Code def).
[Added 7-11-2016 by L.L.
No. 2-2016]
A collection of modules mechanically fastened together, wired,
and designed to provide a field-installable unit (ICC Code def).
[Added 7-11-2016 by L.L.
No. 2-2016]
A system that incorporates discrete photovoltaic panels,
that converts solar radiation into electricity, including rack support
systems (ICC Code def).
[Added 7-11-2016 by L.L.
No. 2-2016]
A single development containing a combination of one or more
of the following: residential dwellings and/or commercial, industrial
and/or office space; all constructed or to be constructed as a unified
project under a General Land Use and Development Plan approved in
accordance with the requirements of this chapter.
A roofed structure projecting out from the wall or walls
of a principal structure and which may be open to the weather.
A container not more than eight feet wide, 16 feet long and
eight feet high, also sometimes known as a "POD," which is designed
for the storage of personal property and which is typically rented
to the owner and/or occupant of the premises for his/her temporary
use and which is typically delivered and removed by truck.
[Added 1-23-2012 by L.L. No. 3-2012]
A not-for-profit corporation organized to cater exclusively
to its members and their guests, including land, buildings and swimming,
tennis, golf and/or other types of country club facilities for recreational,
athletic, social, professional and/or cultural purposes. The members
of the organization shall have a financial interest in and a method
of control of, the assets and management of the private, community
or fraternal recreation club.
An office used by an architect, attorney, engineer, insurance
broker, insurance salesman, real estate broker, real estate salesman,
surveyor or other similar professional. A health care office is not
a professional office.
[Added 9-24-2001 by L.L. No. 5-2001;
amended3-28-2016 by L.L. No. 1-2016]
A space used as a place of work, display or instruction by
a musician, artist, craftsperson, photographer or other similar artisan.
[Added 9-24-2001 by L.L. No. 5-2001]
A person who has skills and knowledge related to the construction
and operation of solar electrical equipment and installations and
has received safety training on the hazards involved. Persons who
are on the list of eligible photovoltaic installers maintained by
the New York State Energy Research and Development Authority (NYSERDA),
or who are certified as a solar installer by the North American Board
of Certified Energy Practitioners (NABCEP), shall be deemed to be
qualified solar installers for the purposes of this definition.
[Added 7-11-2016 by L.L.
No. 2-2016]
Computer generated estimates of the radiation emanating from
antennas or repeaters sited on a specific tower or structure. The
height above ground and above mean sea level, power input and output,
frequency output, type of antenna(s), antenna(s) gain energy dispersion
characteristics and topography of both the site and its surrounding
are all taken into account to create these simulations. They are the
primary tool for determining whether a site will provide adequate
coverage for the personal wireless telecommunications service facility
proposed for that site.
[Added 4-27-1998 by L.L. No. 4-1998]
A small receiver/relay transmitter of not more than 20 watts
output designed to extend service to areas which are not able to receive
adequate coverage directly from a base station, using the same channels
as the base station.
[Added 4-27-1998 by L.L. No. 4-1998]
An establishment which prepares and serves food and beverages
selected by patrons from a menu, or at a buffet, and consumed on the
premises, and which contains permanent seating facilities and counters
or tables adequate to accommodate the customers served. A restaurant
may include the serving of alcoholic beverages if licensed by the
State Liquor Authority and may provide for carry-out food service
if incidental to the consumption of food and beverages on the premises.
Specifically excluded from the term "restaurant" are stand-alone,
franchise fast-food establishments, carry-out food service establishments,
delicatessens, refreshment stands, and curb service or drive-in-type
food establishments. A restaurant may include an accessory entertainment
use.
[Amended 5-14-2018 by L.L. No. 6-2018]
A bar or restaurant, as defined in this chapter, that includes
as an accessory use the brewing of malt beverages for consumption
on premises and which is subject to State Liquor Authority licensing.
The area used for brewing, including bottling and kegging, shall not
exceed 30% of the gross floor area of the space approved for the restaurant-brewer
or brew pub use and shall not produce more than 5,000 barrels of beverage
per year. A restaurant-brewer or brew pub may include an accessory
entertainment use.
[Added 5-14-2018 by L.L.
No. 6-2018]
Shall include the repair, reconstruction, painting, refurbishing
and/or rehabilitation of an antique passenger motor vehicle to restore
the vehicle as close as practicable to its original condition.
[Added 6-12-2017 by L.L.
No. 3-2017]
A chart for determining the density of smoke and which is
issued by the Federal Bureau of Mines.
A photovoltaic panel system installed on or above the roof
covering. A rooftop-mounted photovoltaic systems are comprised of
photovoltaic panels that are fixed and flush-mounted to the roof,
rack-supported systems that may be articulated and titled or a combination
of the two. A rooftop-mounted photovoltaic system does not include
building-integrated photovoltaic products like photovoltaic roof coverings.
[Added 7-11-2016 by L.L.
No. 2-2016]
A solar energy system installed on or above the roof covering.
Rooftop-mounted solar energy systems include rooftop-mounted photovoltaic
systems and rooftop-mounted solar thermal systems.
[Added 7-11-2016 by L.L.
No. 2-2016]
The same as "boardinghouse."
Any apparatus or device, commonly known as an "earth terminal
antenna," "earth terminal," "earth station," "satellite communication
antenna," "satellite antenna," "microwave dish antenna" or "dish antenna"
and which includes as part of such apparatus or device the main reflector,
sub-reflector feed, amplifier and support structure, which is designed
for the purpose of receiving microwave, television, radio, satellite
or other electromagnetic energy signals from space; this does not
include a conventional television, radio or amateur radio antenna.
A kindergarten, primary or secondary school which is not
operated by a public school district, but which furnishes a comprehensive
curriculum of academic instruction similar to that of a public school
or a nursery school specifically designed and used to provide care
or instruction for two or more children under six years of age.
An educational institution operated by a public school district
in accordance with the Education Law of the State of New York.
Any act of masturbation, fellatio, sadomasochism, sexual
intercourse or physical contact with a person's clothed or unclothed
genitals, pubic area, buttocks or, if such person is female, breast.
Any structure or part thereof or any device attached thereto
or painted thereon or any material or thing, illuminated or otherwise,
which displays or includes any numeral, letter, work, model, banner,
emblem, light, device, trademark or other representation used as an
announcement, designation, direction, display or advertisement of
any person, firm, group, organization, commodity, service, profession
or enterprise when placed in such manner that it provides visual communication
to the general public out-of-doors, but not including the following:
Signs maintained or required to be maintained
by law or governmental order.
The flag or insignia of any government or governmental
agency.
The flag of any civic, political, charitable,
religious, fraternal or similar organization, which is hung on a flagpole
or mast.
Religious or other seasonal holiday decorations
which do not contain commercial lettering, wording, designs, symbols
or other devices.
Where a sign consists of a single board or face with information
on one side or both sides, the area which results by including the
outside dimensions of such sign, not including the vertical, horizontal
or diagonal supports which may affix the sign to the ground or to
a structure or building unless such supports are evidently designed
to be part of the sign, as defined herein. Where a sign consists of
several individual faces, the area shall be the total of the area
of all such faces which can be observed from any one point. Where
the sign consists of individual letters or symbols attached to or
painted on a building, the area shall be considered to be that of
the smallest basic geometric shape (rectangle, triangle or circle)
which encompasses all of the letters or symbols.
Any emission into the open air from any source, except emissions
of uncontaminated water vapor.
A measure of the quantity of smoke being discharged and is
the number obtained by multiplying the smoke density in a Ringelmann
Smoke Chart by the time of emission in minutes. For example, the emission
of Ringelmann Smoke Chart No. 1 for one minute equals one smoke unit.
Space open to the sun and clear of overhangs or shade including
the orientation of streets and lots to the sun so as to permit the
use of active and/or passive solar energy systems on individual properties.
[Added 7-11-2016 by L.L.
No. 2-2016]
A solar photovoltaic cell, panel, or array, or solar hot
air or water collector device, which relies upon solar radiation as
an energy source for the generation of electricity or transfer of
stored heat.
[Added 7-11-2016 by L.L.
No. 2-2016]
An easement recorded pursuant to NY Real Property Law § 335-b,
the purpose of which is to secure the right to receive sunlight across
real property of another for continued access to sunlight necessary
to operate a solar collector.
[Added 7-11-2016 by L.L.
No. 2-2016]
Solar collectors, controls, energy storage devices, heat
pumps, heat exchangers, and other materials, hardware or equipment
necessary to the process by which solar radiation is collected, converted
into another form of energy, stored, protected from unnecessary dissipation
and distributed.
[Added 7-11-2016 by L.L.
No. 2-2016]
The components and subsystems required to convert solar energy
into electric or thermal energy suitable for use. Solar energy systems
include, but are not limited to, solar photovoltaic (PV) systems and
solar thermal systems.
[Added 7-11-2016 by L.L.
No. 2-2016]
A ground-mounted solar energy system that is intended to
generate electricity or thermal energy for commercial sale in the
electricity or energy markets. Ground-mounted photovoltaic systems
that are net metered and exceed the kW thresholds in the definition
of "solar electric generating equipment" found at Public Service Law § 66-j(1)(d)
are considered a solar farm. A solar farm is a principal land use
for the parcel on which it is located. A ground-mounted solar energy
system where the surface area of the solar collectors is greater than
2.0 acres is deemed to be a solar farm, notwithstanding that is located
on a lot with another use.
[Added 7-11-2016 by L.L.
No. 2-2016]
An arrangement or combination of solar energy equipment using
thermal solar energy to provide space heating or cooling, hot water
heating, production of steam and swimming pool heating.
[Added 7-11-2016 by L.L.
No. 2-2016]
An instrument, standardized by the American Standards Association,
used for measurement of the intensity of sound and calibrated in decibels.
The Planning Board shall be the SPGA under § 240-81 of the Zoning Law.
[Added 4-27-1998 by L.L. No. 4-1998]
A building in which any horses are kept for remuneration,
hire or sale.
[Added 9-24-2001 by L.L. No. 5-2001]
An accessory building in which horses are kept for use by
the owners of the premises and not for hire, remuneration or sale.
A building in which any horses are kept for remuneration,
hire or sale.
A business enterprise having the three following characteristics:
The business occupies the total floor area of the building in
which it is located.
The business is a franchise.
The business is primarily engaged in the sale of pre-prepared
or quickly prepared food and beverages in disposable containers or
wrappers, selected by patrons from a limited line of specialized items
such as hamburgers, chicken, pizza, tacos, hot dogs, ice cream, yogurt,
etc., for consumption either on or off the premises, in a facility
in which at least a major portion of the sales to patrons is at a
stand-up counter or drive-through window. For the purposes of this
chapter, the conduct of a bakery, a delicatessen, convenience store
or other store selling food and beverages whether or not at a gasoline
filling station shall not be deemed to be a stand-alone, franchise,
fast-food establishment but shall be considered to be the retail sale
of food and beverages.
[Added 4-27-2015 by L.L.
No. 1-2015]
That portion of a building included between the surface of
any floor and the surface of the floor next above or, if there is
no floor above it, then the space between the surface of the floor
and the top of the ceiling beams next above it. If the finished floor
level directly above a basement or cellar is more than six feet above
the average finished grade or the natural grade adjoining the exterior
walls of the building, whichever is lower, or if it is used for nonaccessory
business purposes or for dwelling purposes by other than a janitor
or watchman, such basement or cellar shall be considered a story.
A story immediately under a sloping roof where less than
50% of the story's floor area has a height of seven feet or more between
the surface of the floor and bottom of the roof beams.
An existing state, county or Town highway or road or a proposed
highway or road, including all of the land within the right-of-way,
shown upon a subdivision plat approved by the Town Planning Board,
as provided by law or on a plat duly filed and recorded in the office
of the Dutchess County Clerk prior to the appointment of the Town
Planning Board and the grant of the power to approve subdivision plats.
The dividing line between a street right-of-way and a lot.
(See also the definition of "lot line, front" for comparison.)
Any change in or addition to the supporting members of a
structure, including but not limited to bearing walls, retaining walls,
columns, beams or girders.
[Amended 4-27-1998 by L.L. No. 4-1998; 1-23-2012 by L.L. No.
3-2012; 1-28-2013 by L.L. No. 6-2013]
Anything constructed or erected, the use of
which requires location on, in or under the ground or water or attachment
to something having location on the ground or water, including, but
not limited to, buildings, parking decks or garages, storage containers,
swimming pools, tennis courts, towers, docks, balconies, open entries,
porches, decks, handicap ramps, signs, permanent awnings, gas or liquid
storage tanks, ground-mounted antennas, ground-mounted solar panels
and satellite-receiving antennas, outdoor tables and seating for patrons,
and walls more than six feet in height, but not anything requiring
only single paving or surfacing of the ground, such as parking lots,
driveways or sidewalks.
A static construction or an assembly of materials,
the use or occupancy of which requires a fixed location on the ground
or attachment to an object having a fixed location.
A medical or psychotherapeutic treatment center for treating
of dependency of psychoactive substances such as alcohol, prescription
drugs, and illegal street drugs such as heroin, cocaine, amphetamines,
or similar such substances.
[Added 3-28-2016 by L.L.
No. 1-2016]
Any body of water having an artificial bottom and/or sides
and a depth of more than two feet in any point therein.
An unstaffed facility in connection with the commercial operation
of a personal wireless services facility, as defined in the Communications
Act of 1934, as amended by the Telecommunications Act of 1996, 47
U.S.C. § 332(c)(7)(C). Such facility usually consists of
an equipment shelter, a support structure and/or other transmission
and reception devices.
[Added 4-27-1998 by L.L. No. 4-1998]
A lattice structure framework or monopole that is designed
to support personal wireless service or other communications system,
transmission, receiving and/or relaying antennas and/or equipment.
[Added 4-27-1998 by L.L. No. 4-1998]
A facility utilizing satellite dishes of greater than 2.0
meters in diameter designed for two-way communications with satellites
and intended for use by multiple owners, lessees or rental customers.
[Added 4-27-1998 by L.L. No. 4-1998]
A roofless platform of earth or other natural material covered
by a surface material, with or without retaining walls. Any such platform
with a roof or awning shall be considered a porch.
A device for recording the intensity of any vibration in
three mutually perpendicular directions.
Any solid, liquid or gaseous matter, including but not limited
to gases, vapors, dusts, fumes and mists containing properties which
by chemical means are inherently harmful and likely to cause injury
to the well-being of persons or damage to property.
The same as "mobile home."
A facility where ambulances, taxis, limousines, armored cars,
tow trucks, buses and similar commercial vehicles are stored, and/or
from where they are dispatched. A transportation terminal does not
include the storage of impounded or towed vehicles.
A portable vehicular structure built on a chassis, designed
to be used primarily as a temporary dwelling for travel, recreational
and vacation uses, having a body width not exceeding eight feet and
a body length not exceeding 32 feet.
The New York State Unified Solar Permit or such other uniform
permit promulgated by NYSERDA or other state agency which provides
for an expedited building permit review process for small-scale roof-mounted
photovoltaic system residential and commercial solar electric.
[Added 7-11-2016 by L.L.
No. 2-2016]
The purpose for which land, water or a building or structure
is designed, arranged, intended or for which it is or may be occupied
or maintained.
A use which is customarily incidental and subordinate to
the principal use on a lot and which is located on the same lot or
water area therewith.
The main or primary use of land, water or a building, structure
or lot.
An electrical substation, electrical transmission line, municipal
pump station, water tower, municipal garage, firehouse, telephone
substation and/or any utility approved by the Public Service Commission
or other regulatory agency. A solar energy system that is not subject
to New York State Public Service Commission Approval is not a public
utility.
[Amended 7-11-2016 by L.L. No. 2-2016]
A person licensed to practice the profession of veterinary
medicine as defined by § 6701 of the New York State Education
Law.
[Added 10-27-2008 by L.L. No. 7-2008]
Earth-borne oscillations occurring in discrete pulses at
or less than 100 per minute.
Continuous earth-borne oscillations. Discrete pulses that
occur more than 100 times per minute shall be considered steady-state
vibrations.
Any flow or body of water which contains water or a flow
of water at least six months in the aggregate during the course of
an average year.
Lands generally or intermittently covered with water which,
by nature of their surface and/or subsurface soil characteristics,
contribute to the replenishment of the subsurface water supply, including
marshes, swamps, bogs and other areas with poorly drained soils such
as organic muck and alluvial soils.
An open space on the same lot as a building, which open space
lies between the building or group of buildings and the nearest lot
line and is unoccupied and unobstructed from the ground upward, except
for permitted accessory uses and structures. In measuring a yard,
as hereinafter provided, the line of a building shall be deemed to
mean a line parallel to the nearest lot line, drawn from a point of
a building or the point of a group of buildings nearest to such lot
line and the measurement shall be taken at right angles from the line
of the building to the nearest lot line.
A yard extending across the full width of the lot and lying
between the front lot line and the nearest line of the building.
A yard extending across the full width of the lot and lying
between the rear lot line and the nearest line of the building.
A yard between the side lot line and the nearest line of
the building and extending from the front yard to the rear yard or,
in the absence of either of such yards, extending to the front lot
line or rear lot line, as the case may be.
[1]
Editor’s Note: This local law was adopted as a remedial
measure and also stated in Section 10 that any approvals issued under
L.L. No. 1-2015 after its effective date of 5-18-2015 shall be considered
valid notwithstanding the readoption of this law.
[2]
Editor’s Note: This local law was adopted as a remedial
measure and also stated in Section 10 that any approvals issued under
L.L. No. 1-2015 after its effective date of 5-18-2015 shall be considered
valid notwithstanding the readoption of this law.
[3]
Editor's Note: The former definition of “clinic,”
which immediately followed this definition, was repealed 3-28-2016
by L.L. No. 1-2016.
[4]
Editor’s Note: This local law was adopted as a remedial
measure and also stated in Section 10 that any approvals issued under
L.L. No. 1-2015 after its effective date of 5-18-2015 shall be considered
valid notwithstanding the readoption of this law.
[5]
Editor's Note: The definition of "density
unit," which immediately followed this definition, was repealed 9-9-2002
by L.L. No. 13-2002. See now the definition for "net lot area."
[6]
Editor’s Note: This local law was adopted as a remedial
measure and also stated in Section 10 that any approvals issued under
L.L. No. 1-2015 after its effective date of 5-18-2015 shall be considered
valid notwithstanding the readoption of this law.
[7]
Editor's Note: The former definition of “medical clinic,”
which immediately followed this definition, was repealed 3-28-2016
by L.L. No. 1-2016.
[8]
Editor’s Note: This local law was adopted as a remedial
measure and also stated in Section 10 that any approvals issued under
L.L. No. 1-2015 after its effective date of 5-18-2015 shall be considered
valid notwithstanding the readoption of this law.
[9]
Editor’s Note: This local law was adopted as a remedial
measure and also stated in Section 10 that any approvals issued under
L.L. No. 1-2015 after its effective date of 5-18-2015 shall be considered
valid notwithstanding the readoption of this law.
[10]
Editor’s Note: This local law was adopted as a remedial
measure and also stated in Section 10 that any approvals issued under
L.L. No. 1-2015 after its effective date of 5-18-2015 shall be considered
valid notwithstanding the readoption of this law.
[11]
Editor’s Note: This local law was adopted as a remedial
measure and also stated in Section 10 that any approvals issued under
L.L. No. 1-2015 after its effective date of 5-18-2015 shall be considered
valid notwithstanding the readoption of this law.
