A.Â
Word usage. Unless otherwise expressly stated, the
following terms shall, for the purposes of this chapter, have the
meaning herein indicated. Words used in the present tense include
the future; the singular number includes the plural, and the plural
number includes the singular; the word "lot" includes the word "plot";
the word "structure" includes the word "building." The term "occupied
or used" as applied to any given building or land shall be construed
to include "arranged, designed, constructed, altered, converted, rented,
leased or intended to be used or occupied." The word "shall" is mandatory
and not optional.
B.Â
ACCESSORY APARTMENT
ACCESSORY STRUCTURE
ACCESSORY USE
ADDITION
AGRICULTURE
ALTERATION
ALTERNATE-CARE HOUSING
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
(6)Â
(7)Â
APARTMENT
AREA AND BULK REGULATIONS
AUTOMOBILE SERVICE STATION
BASEMENT
BED AND BREAKFAST ESTABLISHMENT
BEGINNING OF CONSTRUCTION
BOARDINGHOUSE, LODGING OR ROOMING HOUSE
BOARD OF APPEALS
BUFFER ZONE
BUILDABLE AREA
BUILDING
BUILDING, ACCESSORY
BUILDING COVERAGE
BUILDING GROUP
BUILDING INSPECTOR
BUILDING LINE
BUILDING PERMIT
BUILDING, PRINCIPAL
BUILDING, SEMIDETACHED
CAMP
CENTRAL WATER
CERTIFICATE OF OCCUPANCY
CESSATION OF USE
CLUB, MEMBERSHIP
CLUSTER DEVELOPMENT
COMMERCIAL LOGGING
COMMON SEWER
COMMUNITY AREAS
COMMUNITY RESIDENCE
CONDOMINIUM
CONTRACTOR'S YARD
CONVENIENCE FOOD STORE
(1)Â
(2)Â
(3)Â
CONVERSION
COTTAGE OR CABIN DEVELOPMENT
DAY CAMP
DENSITY
DEVELOPMENT
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
(6)Â
DISTRICT or ZONING DISTRICT
DRIVE-IN ESTABLISHMENT
DRIVEWAY
DWELLING
DWELLING, MULTIPLE
DWELLING, ONE-FAMILY
DWELLING, ROW OR ATTACHED
DWELLING, TWO-FAMILY
DWELLING UNIT
FAMILY
FARM
FENCE
FLOOD HAZARD BOUNDARY MAP (FHBM)
FLOODING, AREA OF SHALLOW
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY
FLOOD, ONE-HUNDRED-YEAR OR BASE
FLOODPLAIN or FLOOD-PRONE AREAS
FLOODPLAIN AREA WITH SPECIAL FLOOD HAZARDS
FLOODPLAIN MANAGEMENT
FLOODPROOFING
FLOOD PROTECTION ELEVATION
FLOODWAY
FLOOR AREA, GROSS
FRONTAGE, LOT
GARAGE, PRIVATE
GARAGE, PUBLIC
GASOLINE STATION
GRADE, FINISHED
GUEST COTTAGE
HABITABLE SPACE
HEIGHT, BUILDING
HOME OCCUPATION
HOMEOWNERS' ASSOCIATION
HOSPITAL
HOSPITAL, ANIMAL
HOTEL
JUNKYARD
JUNKYARD, MOTOR VEHICLE
KENNEL
LANDFILL
LOT
LOT AREA
LOT, CORNER
LOT, DEPTH
LOT LINE
LOT OF RECORD
LOT WIDTH
MASTER PLAN
MOBILE HOME
MOBILE HOME PARK
MODULAR OR MANUFACTURED HOME
MOTEL
NIGHTCLUB
NONCOMPLYING BUILDING OR USE
NONCONFORMING USE
NONPROFIT
NOXIOUS USE
NURSERY SCHOOL
NURSING HOME
OCCUPANCY
OFFICIAL MAP
OPEN AREA, REQUIRED
OVERLAY DISTRICT
OWNER
PARKING AREA, OFF-STREET
PARKING SPACE, OFF-STREET
PERFORMANCE STANDARDS
PERMITTED USE
PERSON
PLANNING BOARD
PREMISES
PROFESSIONAL OFFICE
PROHIBITED USE
PUBLIC UTILITY FACILITY
REPAIR
REQUIRED
RIDING ACADEMY
ROADSIDE (FARM PRODUCE) STAND
SATELLITE ANTENNA
SENIOR HOUSING or ELDERLY HOUSING
SETBACK
SIGN
SIGN, ACCESSORY
SIGN, ADVERTISING
SIGN, DIRECTIONAL
SIGN, FREESTANDING
SIGN, NONACCESSORY
SIGN, OBSOLETE
SIGN, SURFACE AREA OF
SIGN, WALL
SINGLE OWNERSHIP
SITE PLAN
SPECIAL PERMIT USE
STREET
STREET LINE
STRUCTURE
SUBDIVISION
SUBSTANTIAL ALTERATION OR IMPROVEMENT
(1)Â
(2)Â
SWIMMING POOL
TELECOMMUNICATIONS ANTENNA
TELECOMMUNICATIONS FACILITY
TELECOMMUNICATIONS TOWER
TEMPORARY
TRAILER, CAMPING
TRAILER, HOUSE
TRAILER, TRAVEL
USE
USE, PRINCIPAL
USE REGULATIONS
VARIANCE
VARIANCE, AREA
VARIANCE, USE
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
ZONING DISTRICT MAP
ZONING ENFORCEMENT OFFICER
Definitions. As used in this chapter, the following
terms shall have the meanings indicated:
A self-contained dwelling unit having its own exterior or
interior entrance, which is subordinate to the principal residence,
business or institution but on the same lot.
A structure, the use of which is customarily incidental and subordinate to that of the principal building and which is attached thereto or is located on the same lot or premises. Except for a guest cottage which may be provided in accordance with Article VII of this chapter, "accessory structures" are not for the purpose of human habitation and include tennis courts, such buildings as garages, swimming pools, garden or tool sheds, barns, greenhouses and playhouses and such elements as satellite dish antennas, windmills and solar collectors. The class of structure commonly referred to as a mobile home shall not be utilized as an "accessory structure."
A use, occupancy or tenancy which is customarily incidental
and subordinate to the principal use, occupancy or tenancy and located
on the same lot or premises. An accessory use of a telecommunications
facility serves the principal use, is subordinate in area, extent
or purpose to the principal use, and is located on the same lot as
the principal use. Examples of such uses include transmission equipment
and storage sheds.
[Amended 5-25-2005 by L.L. No. 3-2005]
Extension or increase in area or height of a building.
The growing of field or garden crops and the maintenance of plants, vineyards and orchards and/or the keeping of either fowl or livestock in accordance with the provision of § 116-30 of this chapter.
Any change, rearrangement or addition to a building, other
than repairs; any modification in construction or in building equipment;
or the moving of a building or structure from one location to another.
A facility designed for housing those persons who are unable
to live independently at a particular time and for the providing for
his or her specific needs. For purposes of this chapter, "alternate-care
housing" includes the following specific types of facilities:
Community residence, i.e., a dwelling providing
room and board, recreation and rehabilitative services for the mentally
disabled under responsible supervision.
Halfway house, i.e., a community residence providing
twenty-four-hour on-site responsible supervisory staff for short-term
residents.
Supervised living facility, i.e., a community
residence or group home providing twenty-four-hour on-site responsible
supervisory staff for long-term residents.
Supportive living facility, i.e., a community
residence providing responsible supervision for residents.
Family-care housing, i. e., a dwelling providing
room, board and supervision for patients who are maintained on an
in-patient status by a state-operated psychiatric facility.
Housing for the disabled, i. e., for those persons
who are unable to function in society without assistance and/or supervision
because of their physical, mental or emotional deficiencies.
Rehabilitation services facility, i.e., a professionally
planned and operated treatment facility designed to improve the functioning
of physically, mentally or emotionally disabled persons in their skills
or daily living.
A dwelling unit contained within a two-family or multifamily
dwelling.
The combination of controls which establish the minimum size
of a lot and the maximum size of a building and its location on such
lot.
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 the sale of motor vehicle
accessories, and which may or may not include facilities for lubricating
and other minor servicing of motor vehicles but not including the
painting thereof by any means. Any rebuilding, reconditioning or collision
services involving frame and fender straightening or repair or any
dismantling or disassembly of frame or exterior parts is not an "automobile
service station" as defined herein.
That space of a building which is partly below grade and
which has more than half of its height, measured from floor to ceiling,
above the average established curb level or finished grade of the
ground adjoining the building.
A private dwelling in which at least one and not more than
three rooms are offered for rent for transient occupancy, in which
overnight lodging and breakfast are offered to such occupants and
in which no public restaurant is maintained.
The incorporation of both labor and materials within the
footings or foundation of a building or group of buildings subsequent
to the issuance of a building permit in full conformance with this
chapter.
A private dwelling in which at least two but not more than
six rooms are offered for rent, whether or not table board is furnished
to lodgers, and in which no transients are accommodated and no public
restaurant is maintained.
The Zoning Board of Appeals of the Town of Shandaken as provided for in Article XI.
A strip of land established and suitably developed with fencing,
berms and natural vegetation.
The space remaining on the lot after the minimum open space
requirements (coverage, yards, setbacks) have been met.
A structure wholly or partially enclosed within exterior
walls or within exterior and party walls and a roof, affording shelter
to persons, animals, property or business activity. See "structure."
See definition of "accessory structure."
The amount of land covered or permitted to be covered by
a building or buildings, measured in terms of a percentage of total
lot area, such coverage to be measured on a horizontal plane at mean
grade level and excludes uncovered porches, terraces and steps.
A group of two or more principal buildings and any buildings
accessory thereto, occupying a lot in one ownership and having any
yard in common.
That person appointed by the Town Board and charged with
the responsibility of administering and enforcing the New York State
Uniform Fire Prevention and Building Code[1] and related regulations pertaining to the development
of structures within the Town of Shandaken.
The line, established by law, ordinance or regulation, beyond
which no part of a building, other than parts expressly excepted,
may extend.
Official authorization issued by the Building Inspector to
begin construction in accordance with approved plans and in strict
compliance with all applicable requirements of this chapter, the New
York State Uniform Fire Prevention and Building Code and related laws,
rules and regulations.
A building in which is conducted the main or principal use
of the lot on which said building is located.
A building attached by a party wall to another building normally
of the same type on another lot, but having one side yard.
Any parcel of land on which are located two or more cabins,
tents, shelters or other accommodations of a design or character suitable
for seasonal or other more or less temporary living purposes, including
summer colony, resort and day camp, but not including a trailer park,
boardinghouse, hotel or motel.
For the purposes of this chapter, a water supply system serving
five or more dwelling units and approved by the Town of Shandaken
and the Ulster County Health Department for either private or public
operation.
Official certification issued by the Building Inspector that
a premise conforms to the applicable provisions of this chapter, the
New York State Uniform Fire Prevention and Building Code[2] and other applicable regulations and may be legally used
or occupied.
As used herein, a use shall be determined by the Building
Inspector to have ceased when it has been discontinued either temporarily
or permanently, whether with the intent to abandon such use or not.
Premises of an organization of persons who meet periodically
to promote some nonprofit social, educational, athletic, service or
recreational objective and who cater exclusively to members and their
guests, with no vending, merchandising or commercial activities conducted
except as required generally for the membership and purposes of the
club.
A development pattern in which uses are grouped or clustered through a density transfer within a particular development rather than spread evenly throughout a parcel as in conventional lot-by-lot development. See § 281 of the Town Law and § 116-32 of this chapter.
Timber harvesting activity that fells trees whose volume
is greater than 20 standard cords of wood or 10,000 board feet of
timber, as measured by International 1/4" Log Rule, in any one calendar
year on any one parcel or series of parcels under the same or related
ownership or lease status in the Town of Shandaken.
For the purposes of this chapter, a sewage disposal system
serving five or more dwelling units and approved by the Town of Shandaken
and the Ulster County Health Department for either private or public
operation.
Those areas intended for the beneficial use or enjoyment
by all residents of a development, including driveways, roadways,
parking areas, walkways, landscaped areas, open space and recreation
areas.
A facility for mentally disabled persons as defined by the
Mental Hygiene Law and as regulated by the provisions of the New York
State Uniform Fire Prevention and Building Code.[3]
Individual ownership of a dwelling unit within a multiple
dwelling exclusive of the land underlying such structure.
Any space, whether inside or outside a building, used for
the storage or keeping of construction equipment, machinery or vehicles
or parts thereof which are in active use by a construction contractor.
A facility of 3,000 square feet or less of gross floor area
with any combination of the following primary characteristics:
Retail sale of food and beverages for consumption
off-premises.
Sale of prepared foods, such as sandwiches,
soups, ice cream, etc., for consumption on or off the premises, and
may include indoor seating for such purposes.
Sale of gasoline or other fuel, oil or other
lubricating substances or other motor vehicle accessories and generally
of a self-service type.
A change in use or occupancy of a building, generally by
alteration or by other reorganization so as to increase the number
of families or dwelling units within a structure.
Any parcel of land on which are located two or more cottages,
cabins or other accommodations of a design or character suitable for
seasonal or other temporary living purposes, including summer colony
and resort, but not including a mobile home park, a camping or travel
trailer park, boardinghouse, hotel or motel.
Nonovernight camp providing recreation, arts and crafts and
other activities for preschool and school age participants, limited
to summer and other school vacation periods.
The ratio of land area per family or dwelling unit on a lot,
"gross density" referring to the ratio of dwelling units to the land
area of the total lot and "net density" referring to the ratio of
dwelling units to the land area of the developed portion of a lot
supporting a large-scale development, such as a residential cluster
development.
Any activity other than normal agricultural, conservation
or forest management activity which materially affects the existing
condition of land or improvements, including but not limited to:
Removal of trees or other natural cover.
Substantial excavation or deposit of earth or
other fill, including alteration of the banks of any stream or body
of water.
Construction, reconstruction, alteration or
demolition of any improvement.
Dumping or parking of any object or material,
whether mobile, liquid or solid.
Commencement of any use of the land and improvements
thereto and any change in the type or intensity of such use.
Commencement or change in type or intensity of any noise, light, smoke or other emission in contravention of the general performance standards for nonresidential and nonagricultural uses stated in § 116-23.
An area or section of the town described on the Zoning District
Map incorporated within this chapter[4] and within which uniform requirements regulate the use
of land and structures and the height, bulk, density and setback of
structures.
A premise constructed to cater to the motoring public, whether
or not additionally serving pedestrians as well as the automobile
trade, and used for the sale to the public of any product and providing
curb, window, counter or other takeout service.
A private access route directly serving a parking area or
serving parking spaces, not directly serving more than two residential
structures and not providing a route for through traffic.
A building designed or used principally as the living quarters
for one or more families.
A detached, semidetached or attached building, or portion
thereof, containing three or more dwelling units.
A detached building containing one dwelling unit only.
A one-family dwelling with party walls separating it from
adjacent units on both sides, or on one side if an end unit, with
each having separate entrances from the outside.
A detached or semidetached building containing two dwelling
units only.
A building or entirely self-contained portion thereof containing
complete housekeeping facilities for only one family, including any
domestic servants employed on the premises, and having no enclosed
space (other than vestibules, entrances or other hallways or porches)
or cooking or sanitary facilities in common with any other "dwelling
unit." A boardinghouse, dormitory, motel, inn, nursing home, fraternity,
sorority or other similar building shall not be deemed to constitute
a "dwelling unit."
Consists of either one person or two or more persons related
by blood, marriage or adoption or not more than five persons not necessarily
related by blood, marriage or adoption, and, in addition, any domestic
servants or gratuitous guests, who live together in a single dwelling
unit and maintain a common household.
Any parcel of land containing at least 10 acres which is
used for gain in raising of agricultural products, livestock, poultry
and dairy products. The term "farm" includes necessary farm structures
within the prescribed limits of the farm parcel and the storage of
equipment as part of the farm operation. The term "farm" specifically
excludes the raising of fur-bearing animals, riding academies, livery
or boarding stables and dog kennels.
A constructed barrier of wood, masonry, stone, wire, metal
or any other manufactured or combination of material, or natural plantings,
other than temporary uses such as snow fences.
[Amended 11-5-2008 by L.L. No. 4-2008]
The official map of the Town of Shandaken on which the Federal
Emergency Management Agency has delineated the boundaries of the special
flood hazard area. The FHBM is replaced by the Flood Insurance Rate
Map (FIRM) when the latter becomes effective.
A designated AO or VO Zone shown on the town's Flood Insurance
Rate Map (FIRM) with base flood depths from one to three feet where
a clearly defined channel does not exist, where the path of flooding
is unpredictable and indeterminate and where velocity flow may be
evident.
The official map of the Town of Shandaken on which the Federal
Emergency Management Agency has delineated both the special flood
hazard areas and the risk premium zones.
The official report of the Federal Emergency Management Agency
for the Town of Shandaken showing flood profiles and water surface
elevations of the base flood, and includes a Flood Boundary/Floodway
Map (FBFM) depicting any regulatory floodway, as may be applicable.
The highest level of flood that, on the average, is likely
to occur once every 100 years (i.e., that has a one-percent chance
of occurring each year).
A land area adjoining a river, stream, watercourse or lake
which is likely to be flooded.
Maximum area of the floodplain that, on the average, is likely
to be flooded once every 100 years (i.e., that has a one-percent chance
of being flooded in any given year). The "floodplain area with special
flood hazards" includes the area shown on the FHBM as Zone A and on
the FIRM as Zone A, AO, AH, A1 to A30, A99, V and V1 to V30.
The operation of an overall program of corrective and preventive
measures for reducing flood damage, including but not limited to emergency
preparedness measures, flood control works and land use and development
control measures.
Any combination of structural and nonstructural additions,
changes or adjustments to properties and structures which reduce or
eliminate flood damage to lands, water and sanitary facilities, structures
and contents of buildings.
The one-hundred-year flood elevation plus one additional
foot of elevation.
The channel of a river or other watercourse and the adjacent
land areas required to carry and discharge a flood of a given magnitude
without cumulatively increasing the water surface elevation more than
the designated height shown in the Town of Shandaken's Flood Insurance
Study.
The sum of the horizontal area of the floor or floors of
a building as measured from the exterior faces of exterior walls or
from the center line of walls separating two buildings, but not to
include attached or built-in garages, porches or terraces, basements
or unfinished floor area having a clear headroom of less than seven
feet.
That side of a lot coincident with the street line. A corner
lot shall be considered to have two such frontages.
An enclosed space, whether an accessory building or part
of a principal building, for the storage of one or more vehicles,
provided that no business, occupation or service other than a home
occupation authorized by special use permit is conducted for profit
therein nor space therein for more than one car is leased to a nonresident
of the premises.
Any garage other than a private garage, available to the
public, operated for gain and which is used for storage, repair, rental,
greasing, washing, servicing, adjusting or equipping of automobiles
or other motor vehicles.
Any area of land, including structures thereon, that is used
or designed to be used for the sale of gasoline, oil or other motor
vehicle fuel and which may include facilities for lubricating, washing,
cleaning or otherwise servicing motor vehicles, but not including
the painting or major repair thereof or the use of mechanical car
washing equipment. The term "gasoline station" may also include a
quick-stop retail food store, provided that the store is an integral
part of the "gasoline station."
The elevation at which the finished surface of the surrounding
lot, either naturally occurring or upon completion of any change in
contour, intersects the walls and supports of a structure.
An accessory building on the same lot as a principal residential
dwelling used either for occupancy for short-term guests of the owners
or tenants of the principal dwelling or for occupancy by their domestic
employees, provided that such building shall contain no kitchen facilities
and shall meet all applicable setback and lot coverage requirements
of this chapter and those requirements related to the provision of
suitable water supply and sewage disposal facilities.
Space occupied by one or more persons for living, sleeping,
eating or cooking.
The vertical distance measured from the average elevation
of the finished grade along the side of the building having the lowest
finished grade to the highest point on the coping of a flat roof,
to the deckline of mansard roofs or to the average height between
eaves and ridge for gable, hip and gambrel roofs, but not including
chimneys, spires, towers, elevator penthouses, tanks and similar projections
except where such features occupy an aggregate area of more than 80
square feet or 10% of the roof area, whichever shall be less.
Any limited personal service, professional service or business use customarily conducted within a dwelling or customary accessory building and carried on by the residents thereof, which use is clearly incidental and secondary to the use of the premises for residential purposes and does not alter the residential character thereof and which use shall be fully consistent with the use limitations stated in § 116-31.
An organization of residential property owners, duly constituted,
residing within a particular development whose major purpose is to
own, preserve, maintain and provide community areas, facilities and
services for the common enjoyment of the residents.
A building containing beds for four or more human patients
and used for temporary occupation by the sick or injured and for the
medical diagnosis, treatment or other care of human ailments. For
purposes of this chapter, the term "hospital" shall not include the
term "alternate-care housing."
An establishment for the medical and/or surgical care of
sick or injured animals.
A multiple dwelling or any part thereof which contains living
and sleeping accommodations for transient occupancy, has a common
exterior entrance or entrances and which may contain one or more dining
rooms.
An area of land, with or without buildings, used for or occupied
by a deposit, collection or storage, outside a completely enclosed
building, of used or discarded materials such as wastepaper, rags,
scrap metal or used building materials, home furnishings, machinery
or parts thereof, with or without the dismantling, processing, salvage
or other use or disposition of the same.
An area of land, with or without buildings, used for or occupied
by a deposit, collection or storage, outside a completely enclosed
building, of used or discarded motor vehicles or parts thereof, with
or without the dismantling, wrecking, salvage, sale or other use or
disposition of the same. A deposit, collection or storage on a lot
of two or more vehicles no longer in condition for legal use on the
public highways, or parts thereof, for one month or more in a residential
district or three months or more in any nonresidential district, shall
constitute a "motor vehicle junkyard."
Any premises on which are kept four or more dogs more than
six months of age or any number of dogs that are kept for the primary
purpose of sale or for the purposes of boarding, care or breeding
and for which a fee is charged or paid.
A lot or land area used primarily for the disposal or abandonment,
burial, burning or other disposition, and for whatever purpose, of
garbage, sewage, trash, refuse, junk, discarded machinery, vehicles
or parts thereof or waste material of any kind.
A parcel of land having defined boundaries and considered
as a unit, devoted to a specific use or occupied by a structure or
group of structures that are united by a common interest, use or ownership
and including customary accessory structures, uses, open spaces and
yards, which parcel shall have frontage on a street or on such other
means of access as may be deemed sufficient in accordance with the
applicable provisions of law to provide suitable access as a condition
precedent to the issuance of a building permit.
The total land area of a lot within the lot lines.
A lot abutting upon two or more streets at their intersection
or upon two parts of the same street, such streets or parts of the
same street forming an interior angle of less than 135°. The point
of intersection of the street right-of-way lines is the corner.
The minimum horizontal distance from the street line of a
lot to the rear lot line of such lot, measured in the general direction
of the side lines.
The line dividing one premises from another or from a street
or other public space.
A legally existing lot at the time of adoption of this chapter,
duly filed and recorded in the Ulster County Clerk's office as either
an individual parcel of land or part of an approved subdivision, in
accordance with the town's Land Subdivision Regulations[5] and applicable provisions of Town Law.
The minimum horizontal distance between the side lot lines
measured at right angles to the lot depth at a point midway between
the front and rear lot lines, or the width of a lot measured along
the rear line of the required front yard.
A document setting forth policies for the future growth and
development of the town. Such document may be officially adopted by
the Town Board and satisfies the requirements of § 263 of
the Town Law.
A structure, transportable in one or more sections, which
is more than eight feet in body width, is more than 40 feet in body
length in the traveling mode or contains 440 or more square feet in
interior space when erected on site, and which is built on a permanent
chassis and designed to be used as a dwelling when connected to the
required utilities, and includes the plumbing, heating, air-conditioning
and electrical systems contained therein. Any addition to such "mobile
home" shall, for the purposes of this chapter, be deemed to be part
of such "mobile home."
Any lot, parcel or tract of land or portion thereof, together
with the open space and facilities required by this chapter, used,
designed or maintained and having mobile home spaces as defined herein,
held out for hire or lease to accommodate mobile homes as defined
herein, or any premises on which two or more mobile homes are located
and occupied, regardless of whether or not any compensation is provided.
A factory-built dwelling, not including a mobile home, transported
to the site and permanently attached to same.
A multiple dwelling intended for transient occupancy primarily
by motorists, not over two stories in height, in which the exit from
each dwelling unit or sleeping room is directly to the exterior, including
but not limited to such terms as "motor court," "motor hotel" or "tourist
court."
A drinking establishment which includes an area in which
patrons may dance or which provides live entertainment other than
by a single instrumental musician or vocalist.
A lawful existing building or use which contains a use permitted
in the zoning district in which it is located but which does not conform
to the applicable district regulations for lot area, width or depth;
front, side or rear yards; maximum height; lot coverage; parking requirements;
or density after the enactment or subsequent amendment of this chapter.
A lawful existing use which does not conform to the applicable
use regulations for the zoning district in which such use is located
after the enactment or subsequent amendment of this chapter.
For purposes of this chapter, restricted to a person, as
defined herein, so designated as "nonprofit" or "not for profit" by
virtue of charter or incorporation.
Any use which is dangerous, offensive or injurious by reason
of the emission of dust, smoke, refuse matter, odor, gas fumes, noise
or vibration in contravention of the standards and criteria established
by this chapter and other applicable laws, rules, codes and regulations.
Any premises, however designated, which operates on a regular
basis to provide care or instruction for five or more enrolled children
under six years of age other than the children of the resident family.
The term "nursery school" shall include a kindergarten, day nursery
and day-care center and family day-care facility as defined and regulated
by § 390 of the New York State Social Services Law.
Premises on which is provided lodging, meals and continuing
nursing care for compensation to convalescent or chronically ill senior
citizens. The term "nursing home" shall include a convalescent home
and a rest home.
Development and/or use of a building, structure or premises.
A map, adopted by the Town Board, showing streets, highways
and parks heretofore laid out, adopted and established in accordance
with § 270 of the Town Law.
That area of a lot which shall be properly maintained with
a combination of natural, not artificial, lawn, shrubs, trees and
other plant materials and related ground covers. Also known as "minimum
open space."
A district described by this chapter within which, due to
special circumstances and the imposition of a special overlay designation,
additional regulations and requirements apply to complement those
of the underlying zoning district to which such designation is added.
Owner of the freehold of the premises or lesser estate therein,
a mortgagee or vendee in possession, assignee of rents, receiver,
executor, trustee, lessee or other person, firm or corporation in
control of a building, structure or premises.
For purposes of this chapter, an off-street area containing
five or more parking spaces as required by this chapter.
An area of land, not less than 180 square feet excluding
driveways or access drives thereto, which is out of the public right-of-way
and is available and adequately improved for the parking of one motor
vehicle.
Regulations for the control of dangerous or objectionable elements as described for nonresidential and nonagricultural uses in § 116-23 of this chapter.
A specific use noted in § 116-10, District Schedule of Use Regulations, of this chapter to which land, lots, buildings or structures may be used, occupied or maintained under this chapter as a matter of right.
Any individual, corporation, partnership, association, trustee
or legal governmental entity.
The Planning Board of the Town of Shandaken.
A lot, plot or parcel of land, together with all structures
and uses thereon.
A building or portion thereof wherein services are performed
involving predominantly administrative, professional or clerical operations.
A facility other than a telecommunications tower or telecommunications
antenna for the provision of public utility services, including facilities
constructed, altered or maintained by utility corporations, either
public or privately owned, or government agencies, necessary for the
provision of electricity, gas, steam, heat, communication, water,
sewage collection, or other such service to the general public. Such
facilities shall include poles, wires, mains, drains, sewers, pipes,
conduits, cables, alarms and call boxes and other similar equipment,
but shall not include office or administration buildings. For purposes
of the zoning law, telecommunications towers or telecommunications
antenna, defined separately in the Zoning Law, shall not be governed
by the zoning regulations which apply to the broader definition of
public utility facilities.
[Added 5-25-2005 by L.L. No. 3-2005]
Replacement or renewal, excluding additions, of any part
of a building, structure, device or equipment with like or similar
materials or parts for the purpose of maintenance of such building,
structure, device or equipment.
Required by this chapter.
Any establishment where horses are kept for riding, driving
or stabling for compensation.
A structure where plants, fruits, vegetables, meat, dairy,
fish and food products derived from the same may be sold and purchased.
[Amended 2-23-2012 by L.L. No. 2-2012]
Includes any parabolic dish, antenna or other devices or
equipment of whatever nature or kind, the primary purpose of which
is to receive television, radio, microwave or other electronic signals
from space satellites.
A residential development owned by a public agency or private
nonprofit sponsor in which rental dwelling units are exclusively provided
for elderly persons aged 62 or older and other members of the households
which they head, in accordance with the eligibility requirements stated
in § 202 of the Housing and Community Development Act of
1974, as amended.
The minimum horizontal distance from the property line to
any structure, roadway, parking area, accessory building or other
such improvement on a lot, except necessary driveways.
Any material, structure or device or part thereof, composed
of lettered or pictorial matter, which is located out of doors or
on the exterior of any building, including illuminated window signs
over two square feet in area located within three feet of the window
surface and intended to be viewed from the exterior of the building,
displaying an advertisement, announcement, notice or name, and includes
sign frames, billboards, signboards, painted wall signs, hanging signs,
illuminated signs, pennants, fluttering devices, projecting signs
or ground signs, and shall include any declaration, demonstration,
display, illustration or insignia used to advertise or promote the
interests of any person or business or cause when the same is placed
in view of the general public. However, a "sign" shall not include
any display of official court or public office notices nor any official
traffic control device, nor shall it include the flag, emblem or insignia
of a nation, political unit, school or religious group.
A sign which directs attention to a business or profession
conducted or to a commodity, service or entertainment sold or offered
upon the premises where such sign is located or to which it is affixed.
A sign or structure which directs attention to an idea, product,
business activity, service or entertainment which is primarily conducted,
sold or offered elsewhere than upon the premises on which such sign
is located or to which it is affixed. "Sign, advertising" includes
but is not limited to billboards.
An off-premise sign directing the way to a place of business,
public service or residence.
A sign that is not affixed to a building and is so constructed
to be an independent unit. Included are pole signs, pylon signs and
masonry wall types.
See definition of "sign, advertising."
A sign that advertises a nonexistent product, establishment
or event.
The entire area within a single, continuous perimeter enclosing
the extreme limits of such sign and in no case passing through or
between any adjacent elements of the same. However, such perimeter
shall not include any structural or framing elements lying outside
the limits of such sign and not forming an integral part of the display.
All faces of the sign shall be counted in computing the area. Any
neon tube, string of lights or similar device shall be deemed to have
a minimum dimension of one foot.
A sign attached directly to the wall of a building, parallel
to said wall and having a visible edge or border extending not more
than 12 inches from the face of such wall.
Possession of land under single or unified control, whether
by sole, joint, common or other ownership or by a lease having a term
of not less than 30 years, regardless of any division of land into
parcels for the purpose of financing.
That map or drawing and all related information which together constitute a complete application, submitted for review by the Planning Board in accordance with the requirements and procedure specified in Article VIII of this chapter.
A use which is deemed desirable for the public welfare within
a given zoning district or districts but which may be potentially
incompatible with other uses provided therein. The special use shall,
therefore, be subject to approval by the Planning Board in accordance
with specific conditions set forth for such use as well as other applicable
general provisions of this chapter.
A public or private right-of-way which provides vehicular
access to abutting properties.
The dividing line between a lot and a street right-of-way.
A static construction or assembly or materials, the use or
occupancy of which requires a fixed location on the ground or attachment
to an object having such a fixed location. "Structures" shall include,
among others, buildings, stadiums, sheds, storage bins, reviewing
and display stands, platforms, towers, walls, fences, swimming pools,
gasoline pumps, billboards, signs and mobile dwellings.
The division of any parcel of land into two or more lots,
plots, sites or other division of land for the purpose, whether immediate
or future, of transfer of ownership, lease for other than recreation,
conservation or agricultural purposes or building development. Such
division shall include resubdivision of parcels of land for which
an approved plat has already been filed in the office of the Ulster
County Clerk and which is entirely or partially undeveloped.
For the purposes of § 116-41 of this chapter, any repair, reconstruction or improvement of a structure, the cost of which exceeds 50% of the full assessed valuation of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. The term "substantial improvement" does not, however, include either:
Any project for improvement of a structure to
comply with existing state, county or local health, sanitary or safety
code specifications which is solely necessary to assure safe and healthful
living conditions; or
Any alteration of a structure listed on the
National Register of Historic Places.
Any outdoor pool, tank, depression or excavation for the
specific purpose of swimming that causes the retaining of water to
a depth greater than 18 inches and having a water surface area in
excess of 150 square feet.
A system of electrical conductors that transmit or receive
radio frequency waves.
[Added 5-25-2005 by L.L. No. 3-2005]
Any or all of the physical elements of the central cell facility
that contains all the receivers, transmitters, and other apparatus
needed for cellular/pc's operation [also known as "base transceiver
station (BTS)."]
[Added 5-25-2005 by L.L. No. 3-2005]
A structure on which one or more antenna will be located,
that is intended for transmitting and/or receiving radio, television,
telephone, wireless or microwave communications for an FCC licensed
carrier, but excluding those used exclusively for fire, police and
other dispatch communications, or exclusively for private radio and
television reception and private citizen's bands, amateur radio and
other similar private, residential communications.
[Added 5-25-2005 by L.L. No. 3-2005]
For the purposes of this chapter, a period of less than 30
calendar days.
A folding structure mounted on wheels and designed for limited
travel, recreation and vacation use only.
See definition of "mobile home."
A portable vehicular structure built on a chassis, designed
as a temporary one-family dwelling for travel, recreation and vacation
purposes, having a body length not exceeding 26 feet and a body width
not exceeding eight feet.
The specific purpose for which land, a building or a building
group is designed, arranged, intended or for which it is or may be
occupied or maintained.
The main or primary purpose or purposes for which land and/or
structure(s) is designed, arranged or intended or for which such land
or structure(s) may be occupied or maintained under this chapter.
The controls which enumerate the permitted principal, permitted
accessory and special permit uses within each of the zoning districts
established by this chapter.
A modification of the use and/or area and bulk regulations
of this chapter in an individual case where, due to the 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 reasonable
use of the land or structures. Such unnecessary hardship or practical
difficulty shall not be construed to include mere inconvenience or
a desire to make more money.
A variance from the area and bulk regulations or supplementary
regulations of a related character (such as amount, size, location
or design of access, off-street parking, landscaping or signage) to
authorize on a specific lot a permitted use which could not be feasibly
established without relief from one or more of the dimensional requirements
pertaining to the zoning district.
A variance from the use regulations to allow the establishment
on a specific lot of a use otherwise prohibited in the zoning district.
An open space on the same lot, plot or parcel of land with
a building or building group, lying between the closest point of the
front, rear or side wall of a building and the nearest lot line, unoccupied
and fully open to the sky except as otherwise provided by the specific
provisions of this chapter.
A yard extending across the principal street side (i.e.,
front lot line) of a lot measured between the side yard lines, the
depth of which yard is the minimum horizontal distance between the
street line and the main building.
A yard extending across the full width of a lot measured
between the side lot lines and being the minimum horizontal distance
between the rear lot line and the rear of the principal building.
A yard between any lot line other than the street line or
rear lot line and a line drawn parallel thereto and between the front
and rear yards.
The map delineating the boundaries of the various districts
established under this chapter which, along with the text, comprises
this chapter.
That person appointed by the Town Board and charged with
the responsibility of administering and enforcing this chapter, the
town's Land Subdivision Regulations[6] and related regulations pertaining to the use and development
of land and to the use of structures within the Town of Shandaken.
[4]
Editor's Note: The Zoning District Map is
on file in the office of the Town Clerk.
