Except as defined herein, all words used in
this chapter shall carry their everyday dictionary definition.
A.
Words used in the present tense include the future
tense.
B.
Words used in the singular include the plural, and
words used in the plural include the singular.
C.
The word "person" includes a firm, association, organization,
partnership, corporation, trust and company as well as an individual.
D.
The word "lot" includes the word "plot" or "parcel"
or "tract."
E.
The word "shall" is always mandatory and not merely
directory.
F.
The word "structure" shall include the word "building."
G.
The words "used" or "occupied" as applied to any land
or building shall be construed to include the words "intended, arranged,
or designed to be used or occupied."
H.
The word "Zoning Map," or "Warwick Zoning Map," shall
mean the Official Zoning Map of the Town of Warwick, New York.
I.
Unless the context requires a different interpretation,
any word denoting gender includes the female and the male.
J.
The term "Town Board" shall mean the Town Board of
the Town of Warwick, New York.
K.
The term "Planning Board" shall mean the Planning
Board of the Town of Warwick, New York.
L.
The term "Zoning Board" shall mean the Zoning Board
of Appeals of the Town of Warwick, New York.
M.
The term "Building Inspector" or "Zoning Enforcement
Officer" shall mean the Code Enforcement Officer of the Town of Warwick,
New York.
N.
The term "Planning Department" shall mean the Planning
Department of the Town of Warwick, New York.
When used in this chapter, unless otherwise
expressly stated or unless the context or subject matter otherwise
requires, the following definitions shall apply.
A separate and complete dwelling unit that is contained within
the structure of a lawful one-family dwelling unit, an accessory structure
to a lawful one-family dwelling unit, or in a mixed-use context with
a lawful mixed use, business use, or agricultural use.
[Added 4-26-2018 by L.L.
No. 2-2018]
See "use, accessory" definition below.
GROSSThe total acreage of a parcel or parcels of land proposed for subdivision and/or development, as determined by a certified survey.
NETThe gross acreage less the acreage of lands rated as "severe" with reference to flooding, ponding, erosion or slope by the Soil Conservation Service, United States Department of Agriculture, in such a way so as to preclude conventional lot layout, each lot with a buildable portion; lands that are proposed to be occupied by public utility easements and/or central services (water and sewer facilities) in such a manner as to prevent their use and development; or lands that for any other reason are not suitable for building purposes, except that lakes with a medium depth of eight feet or more conducive to recreational usage shall not be discounted. It is this figure into which the minimum lot size per dwelling unit is to be divided to determine the maximum number of dwelling units that may be permitted in all developments of five or more dwelling units.
A dwelling unit available at a cost of no more than 30% of
the gross household income of households at or below 80% of the Orange
County median income as reported by the U.S. Department of Housing
and Urban Development.
[Added 9-11-2003 by L.L. No. 4-2003]
[Added 4-14-2022 by L.L. No. 3-2022]
For parcels located within the Agricultural Industry (AI) Zoning
District, Agricultural Protection Overlay (AP-O) District, Agricultural
Protection Overlay (AP-O) District Qualifying Area, or for parcels
in the Town that are within a New York State-certified Agricultural
District and constituting a farm operation as defined herein, "agriculture"
shall mean any activity connected with the raising of crops, livestock,
livestock products and farm woodland, as defined in § 301
of the New York State Agriculture and Markets Law.
For all other parcels, "agriculture" shall mean activities connected with the raising of crops and, to the extent permitted by § 164-40M of this chapter, the keeping, breeding and raising of animals. Agriculture shall not include a dog kennel as defined herein.
Agri-tourism is defined as a set of activities that occurs
when people link travel with the products, services, and experiences
of agriculture. Agri-tourism is conducted for the enjoyment or education
of the public and primarily promotes the sale, marketing, production,
harvesting, or use of the products of the farm operation. Examples
of agri-tourism include, but are not limited to, farm stays or farm-cation
experiences, hay rides, wine trails, farm tours, and farm festivals
designed to support farm operations.
[Added 12-9-2010 by L.L.
No. 6-2010; amended 2-14-2019 by L.L. No. 1-2019]
As applied to a building or structure, a change or rearrangement
in the structural parts or in the exit facilities, or an enlargement,
whether by extending on a side or by increasing in height, or the
moving from one location or position to another.
STRUCTURALAny change in the supporting members of a building, such as bearing walls, columns, beams or girders.
FUR-BEARINGAnimals raised primarily for their skins or pelts, including but not limited to mink and rabbit.
LABORATORYAnimals raised primarily for scientific experimentation, including but not limited to mice, rats and guinea pigs.
EXOTICExotic animals consist of potentially lethal, vicious, venomous, or otherwise dangerous animals, such as nonindigenous felines (except domestic cats), indigenous felines, such as cougar, bobcat, or lynx; nonhuman primates; bears; nonindigenous canines (except domestic dogs) and indigenous canines, such as wolves or coyotes; and venomous reptiles. Exotic animals have the potential to adversely affect the ecology of Warwick, and such animals in captivity, or if escaped, pose a substantial danger to humans, either from injury or disease.
[Added 9-11-2003 by L.L. No. 4-2003]
A building arranged, intended or designed to be occupied
by three or more families living independently of each other in rental
units.
BUILDINGThe total of the areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces and steps. All dimensions shall be measured between the exterior faces of walls.
NET SITEThe total area within the property lines, excluding external streets.
The space of a building that is partly below grade which
has more than half its height, measured from floor to ceiling, above
the average established curb level or finished grade of the ground
adjoining the building.
A home occupation involving the rental of up to four rooms
as transient accommodations, with breakfast served to guests but with
no full-service restaurant facilities, and with no more than one nonresident
employee.
All rooms in multifamily, row and group dwellings beyond
one kitchen, living room and dining room or area per dwelling unit.
For the purpose of determining the number of bedrooms in a proposed
multifamily or townhouse dwelling, all dwelling units shall be rated
as having at least one bedroom (example: studio apartment).
An outdoor advertising sign available on lease for the display
of a commercial or public service message and which directs attention
to a business, commodity, service, entertainment or attraction sold,
offered or existing elsewhere than upon the same lot where such sign
is displayed, or only incidentally upon such lot.
Any dwelling in which more than three persons, either individually
or as families, are housed or lodged for hire, with or without meals,
on a weekly or longer time basis. A rooming house or a furnished rooming
house shall be deemed a boardinghouse.
An accessory building in which horses are kept for commercial
use, including boarding, hire, or sale.
[Added 10-24-2002 by L.L. No. 6-2002]
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of persons, animals
or chattel.
BUILDING, ACCESSORYA detached subordinate building on a lot, the use of which is customarily incidental to that of the main or principal building.
BUILDING, DETACHEDA building surrounded by open space on the same lot.
BUILDING, FRONT LINE OFThe line of that face of the building nearest the front line of the lot. This face includes sun parlors and covered porches, whether enclosed or unenclosed, but does not include steps.
BUILDING HEIGHTThe vertical distance measured from the mean elevation of the average natural grade level adjoining the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs and to the median height between eaves and ridge for gable, hip and gambrel roofs.
[Amended 2-18-2010 by L.L. No. 1-2010]
BUILDING, MAIN or PRINCIPALA building in which is conducted the main or principal use of the lot on which said building is situated.
An establishment primarily engaged in rendering services
to businesses on a fee or contract basis, such as advertising and
mailing, building maintenance, unemployment service, office equipment
rental and leasing, commercial research, development and testing,
photo finishing and personal supply services.
Also referred to as a "cottage" in the Zoning Law; a temporary
dwelling with living and sleeping accommodations designed and intended
to be used only for a few months each year for one-family occupancy
within a camp.
[Added 5-13-2021 by L.L. No. 2-2021]
The diameter of a tree as measured at a point six inches
above the ground level (up to and including four-inch caliper size)
and 12 inches above the ground level (for larger sizes).
Any one or more of the following, other than a hospital,
place of detention or school offering general instruction:[1]
TYPE 1Any area of land or water on which are located two or more cabins, tents, travel or camping trailers, shelters, houseboats or other accommodations of a design or character suitable for seasonal or other more or less temporary living purposes, regardless of whether such structures or other accommodations actually are occupied seasonally or otherwise; or
TYPE 2Any land, including any building thereon, used for any assembly of persons for what is commonly known as "day camp" purposes, and any of the foregoing establishments whether or not conducted for profit and whether or not occupied by adults or by children, either as individuals, families or groups.
A parcel of land used or intended to be used, let or rented
for occupancy by campers or for temporary or seasonal overnight occupancy
by or of tents, motor homes, travel or camping trailers.
[Added 10-8-2015 by L.L.
No. 4-2015]
A permitted temporary, movable or portable shelter or recreational
vehicle, tent, motor home, travel or camping trailer used by an individual
or group of individuals to occupy a designated space at a campground.
[Added 7-13-2023 by L.L. No. 3-2023]
A small-scale cultivation licensed operation as defined in
Chapter II of Subtitle B of Title 9 of the Official Compilation of
Codes, Rules, and Regulations of the State of New York Section 123.12
as authorized by the NYS Cannabis Law, except no retail sales may
be conducted on the premises.
[Added 11-30-2023 by L.L. No. 8-2023]
A retail facility that sells at retail any cannabis product,
the sale of which a license is required for an adult-use cannabis
retail dispensary under the provisions of the New York State Marijuana
Regulation and Taxation Act.
[Added 11-18-2021 by L.L. No. 4-2021]
That space of a building that is partly or entirely below
grade which has more than half its height, measured from floor to
ceiling, below the average established curb level or finished grade
of the ground adjoining the building.
A person who meets the education and experience requirements
of a certified wildlife biologist as defined by a professional organization
that certifies wildlife professionals.
An organization catering exclusively to members and their
guests, including premises and buildings for recreational or athletic
purposes, which are not conducted primarily for gain, provided that
there are not conducted any vending stands, merchandising or commercial
activities except as required generally for the membership and purposes
of such club.
A residential subdivision where the dwelling units that would
result on a given parcel under a conventional subdivision plan are
allowed to be concentrated on a smaller and more compact portion of
land and where a majority of the remaining land is left in its natural
open space condition in perpetuity. Cluster development results in
a flexibility of design and development to promote the most appropriate
use of land, to facilitate the adequate and economical provisions
of streets and utilities, and to preserve the natural and scenic qualities
of open lands.
An agricultural enterprise, consisting of at least seven
acres and boarding at least 10horses, regardless of ownership, that
receives $10,000 or more in gross receipts annually from fees generated
either through the boarding of horses or through the production for
sale of crops, livestock, and livestock products, or through both
such boarding and such production. Under no circumstances shall a
commercial horse boarding operation be construed to include operations
whose primary on-site function is horse racing.
[Added 4-14-2022 by L.L. No. 3-2022]
A mode of ownership wherein each dwelling unit may be owned
in fee simple individually and separately from all others, but where
all such owners have an indivisible interest in the common areas.
Thus, they share ownership and attendant responsibilities for the
provision, maintenance and/or repair of common internal facilities,
utilities, services, exterior building surfaces, land, landscaping
and other outdoor facilities.
A facility used for in-residence business, cultural or professional
programs, conferences, retreats and seminars, often with campus-type
accommodations for sleeping, eating and recreation.
[Added 12-9-2010 by L.L. No. 6-2010]
A retail store containing 4,000 square feet or less of gross
floor area, designed and stocked primarily to sell food, beverages
and household supplies to customers who purchase only a relatively
few items. Such establishments shall not include the sale of gasoline,
diesel or other motor fuels.
[Amended 12-9-2010 by L.L. No. 6-2010]
A change in use or occupancy of a dwelling by alteration
or by other reorganization as to increase the number of families or
dwelling units in a structure.
A mode of ownership for which title is held jointly by a
group of cooperators, each member owning a given number of shares
in the corporation in proportion to the value of his individual dwelling
units which he owns under an occupancy agreement. Each cooperator
is assessed according to the number of shares owned for maintenance
of common areas.
An unoccupied open space, other than a yard, on the same
lot with a building, which is bounded on two or more sides by the
walls of such building.
COURT, INNERA court enclosed on all sides by exterior walls of a building or by exterior walls and lot lines on which walls are allowable.
Deep, formal spaces along sidewalks where buildings have
been set back farther than usual from the road, creating an outdoor
room bounded on three sides by structures.
[Added 10-24-2002 by L.L. No. 6-2002]
The elevation of the curb opposite the center of the front
of the building. If a building faces on more than one street, the
curb level shall be the mean of the elevations of the curbs at the
center of each side or front of the building. Where no curb level
or equivalent has been established by the municipal authority, the
mean elevation of the finished grade immediately adjacent to the front
of the building shall be considered as the curb level. If a building
faces on more than one street where no curb level has been established,
the mean of the elevations of the finished grade on each street side
of the building shall be considered as the curb level.
An exterior floor system supported on at least two opposing
sides by an adjoining structure and/or posts, piers, or other independent
supports, but shall not include a dock.
[Amended 10-24-2002 by L.L. No. 6-2002]
[Amended 9-11-2003 by L.L. No.
4-2003]
Areas within which the changing of land contours and/or the removal of the natural vegetative cover and/or the erection of structures is automatically subject to approval of plans and authorization by the Planning Board, according to § 164-46, upon the advice of the Town Environmental Conservation Board and the Town Architectural Review Board, for purposes of protecting ecologically sensitive areas and scenic assets of the community, except that the interior alteration and minor exterior alteration of structures shall not require authorization by the Planning Board. Such minor exterior or interior alterations shall require only the approval of the Building Inspector and issuance of a building permit. Those areas so designated, except those portions that border or lie within portions of the Agricultural (black dirt) District are as follows:
[Amended 2-18-2010 by L.L. No. 1-2010]
The Appalachian Trail.
The Doublekill Stream from the Sussex County,
New Jersey, line to its junction with the Wawayanda Creek in the New
Milford area.
The Wawayanda Creek from its Wickham Lake outlet
to the Sussex County, New Jersey, line.
The Longhouse Creek from the Passaic County,
New Jersey, line to its junction with the Wawayanda Creek in the Wisner
Road area.
The Pochuck Creek from the Sussex County, New
Jersey, line to its junction with the Wallkill River.
Trout Brook from its source [Warwick Quadrangle,
United States Geological Survey Maps, longitude: seventy-four degrees
fifteen minutes nineteen seconds (74° (degrees) 15' 19") west;
latitude: forty-one degrees fifteen minutes thirteen seconds (41°
15' 13") north; elevation: 1,040 feet to the Chester Town line.
Greenwood Lake, Glenmere Lake, Sterling Lake,
Wickham Lake, Sterling Forest Lake, Little Cedar Pond, Ro-Lyn Lake,
Cascade Lake, Sandy Beach Lake, Village of Warwick reservoirs and
all streams feeding this reservoir system, and all other lakes and
ponds, if any, over 10 acres in surface area.
The 100 foot setback requirements identified
in the Table of Bulk Requirements[2] as "designated protection areas" shall be interpreted
to mean that measurement be made from the banks of streams or the
mean high water mark of shorelines of lakes, and also from the center
of the Appalachian Trail.
For existing buildings within the areas identified in Subsections A(2) through (7) herein that are proposed for alteration, enlargement, extension, reconstruction, restoration or proposed to be placed on a different portion of the lot or parcel of land occupied by the use and that are subject to approval of plans and authorization by the Planning Board, a sanitary sewage disposal system dye test shall be conducted to the specifications of the Town Engineer.
An accessory structure not attached to the principal structure,
extending from land into a body of water, for purposes of providing
access to watercraft, which craft may be affixed thereto when not
in use.
[Amended 10-24-2002 by L.L. No. 6-2002]
A structure or structures used for the harboring of more
than six dogs on the premises that are more than six months old or
more than two litters of dogs that are under six months of age. Any
premises exceeding the stated limitations, for the purposes of this
chapter, is considered a dog kennel and must adhere to all regulations
governing the same.
[Amended 2-18-2010 by L.L. No. 1-2010; 4-26-2018 by L.L. No.
2-2018]
A building or portion thereof where food and/or beverages
are sold in a form ready for consumption and where all or a significant
portion of the consumption takes place or is designated to take place
outside the confines of the building, often in a motor vehicle on
the site.
An establishment which, by design, physical facilities, service
or by packaging procedures, encourages and permits customers to receive
services and obtain goods while remaining in their motor vehicles.
A building designed or used as the living quarters for one
or more families. The terms "dwelling," "one-family dwelling," "two-family
dwelling" or "dwelling group" shall not be deemed to include motel,
boardinghouse, tourist home or guesthouse.
DWELLING, ACCESSORYA second dwelling unit either in or added to an existing single-family detached dwelling, or in a separate accessory structure on the same lot as the principal dwelling, for use as a complete, independent living facility with provision within the accessory dwelling unit for cooking, eating, sanitation, and sleeping. Such a dwelling shall be clearly accessory and incidental to the principal dwelling.
DWELLING, ONE-FAMILYA detached building designed for or occupied exclusively by one family.
DWELLING, ONE-FAMILY DETACHEDA house accommodating but a single family and having two side yards, with at least 750 square feet of living area, the shortest median dimension, longitudinally or transversely, of which must be at least 24 feet, erected on a permanent foundation with or without a basement and equipped for year-round occupancy.
DWELLING, TWO-FAMILYA building designed for or occupied exclusively by two families living independently of each other.
DWELLING, MULTIFAMILYA building or portion thereof containing three or more dwelling units, on one plot, but which may have joint services or joint facilities, or both. Also known as a "multiple dwelling."
DWELLING, TOWNHOUSEA building divided vertically and consisting of three or more attached dwelling units, each of which has a separate entrance from an outside yard area. Townhouses are only permitted in cluster developments and in the Town's TN-O Zoning District. Regardless of the Zoning District involved, the building housing the townhouse dwelling units shall comply with the TN-O setback and other applicable bulk requirements of the Zoning District. The number of dwelling units shall be determined on the basis of the density determination found in § 164-41.1D.
[Amended 9-11-2003 by L.L. No. 4-2003]
DWELLING UNITA 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, entrance or other hallways or porches) or cooking or sanitary facilities in common with any other dwelling unit. A trailer, motor home, travel or camping trailer, boarding- or rooming house, convalescent home, dormitory, fraternity or sorority house, hotel, inn, lodging, nursing or other similar home, or other similar structure, shall not be deemed to constitute a dwelling unit.
DWELLING, LIVE-WORKA mixed-use dwelling consisting of a residential and commercial function. The predominant use of a live-work dwelling is residential and commercial activity is clearly a secondary or accessory use. The live-work dwelling is intended to function as a residential space with one individual business establishment. The live-work space must meet basic habitability requirements including a minimum 600 square feet of livable floor area.
[Added 4-14-2022 by L.L. No. 3-2022]
Elder Cottage Housing Option (ECHO) is a modular cottage
allowed as a permitted use or by special permit for temporary installation
on a single-family residential premises, designed as housing for older
persons as defined in the Federal Fair Housing Act, and to be occupied
by one or two people who will benefit from living in close proximity
to the principal residents of the premises.
[Added 10-24-2002 by L.L. No. 6-2002; amended 9-11-2003 by L.L. No. 4-2003]
The elevation, in feet, above mean sea level, as determined
from the nearest United States Coastal and Geodetic Bench Mark, of
the principal building to be sited on a lot.
A roofed-over but unenclosed projection, not more than eight
feet wide and extending not more than six feet out from the front
wall of a building.
[Added 10-24-2002 by L.L. No. 6-2002]
The use of land for the purpose of extracting and selling
stone, sand, gravel, topsoil or other minerals, but excluding fissionable
materials, natural gas, oil and/or other subsurface hydrocarbons.
[Added 2-26-2013 by L.L. No. 3-2013]
One or more persons occupying the premises and living as
a single not-for-profit housekeeping unit, as distinguished from a
group occupying a boardinghouse, lodging house, club, fraternity or
hotel.
Any parcel of land containing at least 10 acres which is
used for gain in the raising of agricultural products or poultry,
and any parcel of land containing at least 20 acres which is used
for gain in the raising of livestock and/or the production of dairy
products. Commercial agriculture includes necessary farm structures
within the prescribed limits and the storage of equipment used. Commercial
agriculture excludes the raising of fur-bearing and laboratory animals,
riding academies, boarding or livery stables and dog kennels.
[Amended 10-24-2002 by L.L. No. 6-2002]
The land and on-farm buildings, equipment, manure processing
and handling facilities, and practices which contribute to the production,
preparation and marketing of crops, livestock and livestock products
as a commercial enterprise, including a "commercial horse boarding
operation" as defined herein. Such farm operation may consist of one
or more parcels of owned or rented land, which parcels may be contiguous
or noncontiguous to each other.
[Added 4-14-2022 by L.L. No. 3-2022]
An establishment whose principal business is the sale of
pre-prepared or rapidly prepared food directly to the customer in
a ready-to-consume state for consumption either within the restaurant
building or off the premises.
Any artificially constructed barrier of any material or combination
of materials erected to enclose or screen areas of land.
[Added 2-18-2010 by L.L. No. 1-2010]
The premises of a financial services company, including a
bank, credit union, trust company, insurance company, finance company,
mortgage company, pension fund, broker, underwriter or other similar
investment company.
[Added 12-9-2010 by L.L. No. 6-2010]
FLOOR AREA, LIVABLEIn accordance with the New York State Building Code, all spaces within the exterior walls of a dwelling unit, exclusive of garages, cellars, heater rooms, basement rooms having a window area of less than 20% of the square foot area of the room, unheated porches and breezeways, but shall include all spaces not otherwise excluded, such as principal rooms, utility rooms, bathrooms and all closets and hallways opening directly into and appurtenant to any rooms within the dwelling unit, and all attic spaces having a clear height of six feet from the finished floor level to the pitch of the roof rafter with a clear height of seven feet six inches from the finished floor level to the ceiling over 50% of the area of such attic space.
FLOOR AREA OF A BUILDINGThe sum of the gross horizontal area of the several floors of a building and its accessory buildings on the same lot, excluding cellar and basement floor areas not devoted to habitable use, but including the areas of roofed porches and roofed terraces. All dimensions shall be measured between the exterior faces of walls.
[Amended 12-9-2010 by L.L. No. 6-2010]
FLOOR AREA RATIO OF A BUILDINGThe quotient of the floor area of a building divided by its lot area.
A mobile food service operation, permitted by the New York State Department of Health or Orange County Health Department, located in a licensed motorized vehicle or a movable cart, stand, or trailer and from which food and beverages (prepackaged or prepared and served from the vehicle, stand, trailer, or cart) are sold or distributed in individual portions to the general public directly from the mobile food service operation for consumption on or off of the premises. A food truck operating within the Town must obtain an annual permit from the Town of Warwick, excluding those authorized under a temporary outdoor gatherings permit in accordance with Chapter 115.
[Added 8-18-2022 by L.L. No. 4-2022]
Includes but is not limited to domesticated birds, such as
chickens, ducks, geese, ratites, turkeys and pheasants, raised in
confinement.
GARAGE, PRIVATEA garage used for storage purposes only and having a capacity of not more than three automobiles or not more than two automobiles per family housed in the building to which such garage is accessory, whichever is greater. Space therein may be used for not more than one commercial vehicle, and space may be rented for not more than two vehicles of others than occupants of the building to which such garage is accessory.
GARAGE, COMMERCIALAny garage other than a private garage, available to the public, operated for gain and which is used for the storage of automobiles or other motor vehicles.
An apartment house wherein the entrance of a dwelling unit
is no more than one flight of stairs (one floor) above or below the
ground (or main entrance) floor level.
GRADE, ESTABLISHEDThe elevation of the center line of the streets as officially established by the Town authorities.
GRADE, FINISHEDThe completed surfaces of lawns, walks and roads brought to grades as shown on official plans or designs relating thereto.
A detached, complete accessory structure subordinate to the
principal dwelling and sharing a common lot.
An occupation or business activity operated for financial
gain in, or directed from, a residential dwelling unit or accessory
building by one or more family members residing within that dwelling
unit, and is clearly an accessory or incidental use and subordinate
to the residential use of the dwelling unit.
Unless otherwise specified, includes sanitarium or sanatorium,
preventorium, clinic, rest home, nursing home, convalescent home and
any other place for the diagnosis, treatment or other care of ailments,
and shall be deemed to be limited to places for the diagnosis, treatment
or other care of human ailments.
HOSPITAL, GENERAL MEDICAL AND SURGICAL ONLYA health care facility in which persons are given medical, surgical, diagnostic and therapeutic treatment on an in- and out-patient basis, together with all ancillary support services.
HOSPITAL, ANIMALAn establishment for the medical and surgical care of sick or injured animals.
A building containing rooms intended or designed to be used
or which are used, rented or hired out to be occupied or which are
occupied for sleeping purposes by guests for no more than 30 days
and where a kitchen and dining room are generally provided within
the building or in an accessory building. Small service kitchens may
be provided in individual rooms.
See "mobile home" definition below.
A highly restricted type of planned industrial environment
for a variety of industrial and related activities in which special
emphasis and attention are given to aesthetics and community compatibility.
Subdivided and developed according to an enforceable Master Plan which
includes detailed provisions for streets and all necessary utilities,
the park provides serviced sites for a community of industrial and
industry-oriented uses. Adequate control of the land, buildings and
industrial operations is provided through zoning, private restrictions
incorporated as legal requirements in deeds of sale or leases and
the provision of continuing management, all for the purpose of assuring
attractive and efficient uses within the park and the harmonious integration
of the industrial area into the community in which it is located.
A use characteristically employing some of, but not limited
to the following: smokestacks, scrubbing towers, waste-treatment or
storage lagoons, reserve pits, derricks or rigs, whether temporary
or permanent. Heavy industry has the potential for large-scale environmental
pollution when equipment malfunctions or human error occurs. Examples
of heavy industry include, but are not limited to, steel manufacturing,
drilling of oil and gas wells, oil refineries, natural gas processing
plants and compressor stations, petroleum, coal and other hydrocarbon
processing. Without limiting the foregoing, natural gas and oil exploration,
natural gas and oil extraction and natural gas and oil support activities
constitute heavy industry. Generic examples of uses not included in
the definition of "heavy industry" are such uses as milk processing
plants, dairy farms, light manufacturing facilities, woodworking and
cabinet shops, auto repair shops, wineries and breweries, warehouses,
equipment repair and maintenance structures, office and communications
buildings, parking lots, and parking garages and water wells serving
otherwise allowed uses of the property. Agriculture and extractive
operations involving sandpits, gravel banks, removal of topsoil and
fill, quarries, and mines shall not be considered heavy industry.
[Added 2-26-2013 by L.L. No. 3-2013]
A use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales, and distribution of such products, but excluding heavy industry as defined herein and excluding any prohibited use, as defined in § 164-40I.
[Added 2-26-2013 by L.L. No. 3-2013]
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
or scrap material or used building materials, house furnishings, machinery
or parts thereof, with or without dismantling, processing, salvage,
sale or other use or disposition of the same. One cubic yard or more
of refuse located on a property for more than 30 days shall also be
deemed to be a junkyard.
An area of land, with or without buildings, used for or occupied
by a deposit, collection or storage, outside a completely enclosed
building, of used or discarded 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 motor vehicles no longer in condition for legal use
on the public highways, or parts thereof, for one week or more in
a residential district or for three weeks or more in a nonresidential
district shall constitute a motor vehicle junkyard.
Any activity other than conservation, agriculture conducted in a manner consistent with the New York State Department of Agriculture and Markets' "Sound Agricultural Practices Guidelines" as amended from time to time, or forestry conducted in a manner consistent with the "Timber Harvesting Guidelines" and "Best Management Practices for Water Quality" as published and amended from time to time by the New York State Department of Environmental Conservation, which materially affects the existing condition of land or improvements, including but not limited to the following; exemptions are identified in § 164-47.10D of the Zoning Law:
[Added 10-25-2012 by L.L. No. 3-2012]
Removal of trees or other natural vegetative cover;
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
building, structure or other improvement;
Dumping or parking of any object or material, whether mobile,
liquid or solid; and
Commencement of any use of the land and improvements thereto
and any change in the type or intensity of such use.
A business premises equipped with individual clothes-washing
machines for the use of retail customers, exclusive of laundry facilities
provided as an accessory use in an apartment house or an apartment
hotel.
Animals, including but not limited to such animals as sheep,
cattle, horses and goats. Such definition shall not encompass fur-bearing
animals, animals raised for laboratory purposes, exotic animals or
customary domestic pets. In computing allowable number of livestock
animals, sheep, ponies, goats, and other similar sized livestock shall
count as 1/2 livestock animal each.
[Amended 9-11-2003 by L.L. No. 4-2003]
A building in which three or more rooms are rented and in
which no table board is furnished.
Land occupied or to be occupied by a building and its accessory
buildings or by a dwelling group and its accessory buildings, together
with such open spaces as are required under the provisions of this
chapter, having not less than the minimum area and width required
by this chapter for a lot in the district in which such land is situated
and having its principal frontage on a street or on such other means
of access as may be determined in accordance with the provisions of
state law to be adequate as a condition of the issuance of a building
permit for a building on such land.
LOT, CORNERA lot which has an interior angle of less than 135° at the intersection of two street lines. A lot abutting upon a curved street shall be considered a corner lot if the tangents to the curve at the points of intersection of the side lot lines intersect at an interior angle of less than 135°.
LOT, COVERAGEThat percentage of the lot covered by the access drive, building footprint area, and parking areas.
[Amended 1-24-2002 by L.L. No. 2-2002; 9-11-2003 by L.L. No.
4-2003]
LOT, DEPTH OFThe mean horizontal distance between the front and the rear lot lines, measured in the general directions of its side lot lines.
LOT, HOUSEIn cluster subdivisions, that portion of the subdivision reserved as a development area for the location of dwelling units and constituting lands outside of the protected open space areas.
LOT, INTERIORA lot other than a corner lot.
LOT, MOBILE HOMEThe space which shall be assigned or used and occupied by any one mobile home.
LOT, THROUGHAn interior lot having frontage on two parallel or approximately parallel streets.
LOT, WIDTH OFThe mean distance measured at the required minimum front yard depth along a line at right angles to the depth of lot line and parallel to the street right-of-way (ROW) line.
LOT LINESAny line dividing one lot from another.
LOT LINE, REARThe lot line generally opposite to the street line; if the rear lot line is less than 10 feet in length or if the lot comes to a point in the rear, the rear lot line shall be deemed to be a line parallel to the front lot line not less than 10 feet long lying farthest from the front lot line.
The largest area formed by the projection of a horizontal
plane through the livable floor area which is enclosed by the exterior
walls of the building.
Any process whereby the nature, size or shape of articles or raw materials are changed, or where articles are assembled or packaged in quantity, but excluding any use explicitly prohibited by § 164-40I.
[Amended 2-26-2013 by L.L. No. 3-2013]
A measure of central tendency. The mean of a set of numbers
is the arithmetic average.
When data is arranged in order of magnitude, the middle item
(i.e., half above and half below) is the median. If the number of
items is even, the median is the average of the two middle items.
A transportable one-family dwelling equipped for year-round
occupancy and containing the same water supply, waste disposal, heating
and electrical conveniences as immobile housing and which must conform
to the New York State Building Code pertaining to such structures.
The term "mobile home" shall include vehicles mounted on temporary
or permanent foundations, with or without wheels, collar or skids
in place, but shall not include a camping trailer, travel trailer
or office trailer. (See definitions below.) Any transportable dwelling
in excess of 40 feet in length shall be deemed to be a mobile home.
An area of land under single ownership which has been planned
and improved for the placement of two or more mobile homes for nontransient
dwelling purposes and approved as such by the Planning Board subsequent
to the introduction of a zoning law in the Town of Warwick. The selling
or servicing of trailers or mobile homes in the mobile home court
is prohibited.
Two or more prefinished units, built at a plant or factory
and transported to a building site and there assembled, united and
installed on a permanent foundation, comprising one or more dwelling
units.
A building or group of buildings, whether detached or in
connected units, used as individual sleeping or dwelling units designed
primarily for transient automobile travelers and providing for accessory
off-street parking facilities. The term "motel" includes buildings
designated as tourist courts, motor lodges, auto courts and similar
appellations, but does not include boardinghouses.
A building, portion of a building and/or area arranged, intended
or designed to be used for the washing, spraying, waxing, polishing
and/or drying of motor vehicles and/or the vacuuming or dry cleaning
of the same.
A building or portion of a building arranged, intended or
designed to be used for making repairs to motor vehicles, their mechanical
systems and their body structure, including painting.
A building and/or area arranged, intended or designed to
be used for the rental, lease, sale and/or resale of motor vehicles,
new or used.
Any area of land, including structures thereon, that is used
for the sale of gasoline or any other motor vehicle fuel and oil and
other lubricating substances, including any sale of motor vehicle
minor accessories, and which may or may not include facilities for
lubricating or otherwise servicing motor vehicles, but not including
the painting or major repair thereof or the use of mechanical car-washing
equipment. A motor vehicle service station may include, as an accessory
use, a retail store, not exceeding 2,000 square feet, for the sale
of a limited number of food and household products.
[Amended 12-9-2010 by L.L. No. 6-2010]
The use of land for geological or geophysical activities
related to the search for natural gas, oil or other subsurface hydrocarbons,
including prospecting, geophysical and geologic seismic surveying
and sampling techniques, which include but are not limited to core
or rotary drilling or making an excavation in the search and evaluation
of natural gas, oil or other subsurface hydrocarbon deposits.
[Added 2-26-2013 by L.L. No. 3-2013]
The use of land for digging or drilling a well for the purposes
of exploring for, developing, or producing natural gas, oil or other
subsurface hydrocarbons. Natural gas and oil extraction includes a
storage or construction staging yard associated with an oil or gas
extraction operation, and gas pipelines, water lines and other gathering
systems and components, including but not limited to drip stations,
vent stations, chemical injection stations and valve boxes associated
with an oil or gas extraction operation.
[Added 2-26-2013 by L.L. No. 3-2013]
Any refuse, sludge, or other waste materials, whether or
not recycled or reused or intended to be recycled or reused, including
solid, liquid, semi-solid, or contained gaseous material that results
from, is associated with, or produced as a byproduct of the exploration,
drilling or extraction of natural gas, oil, and/or other subsurface
hydrocarbons, including without limitation production brine, produced
waters, flowback, flowback fluids or hydraulic fracturing fluids.
[Added 2-26-2013 by L.L. No. 3-2013]
The construction, use or maintenance of a storage or staging
yard, a water or fluid injection station, a water or fluid gathering
station, a natural gas or oil storage facility, or a natural gas or
oil gathering line, venting station, or compressor associated with
the exploration or extraction of natural gas or oil.
[Added 2-26-2013 by L.L. No. 3-2013]
Any physical matter which is part of the earth.
A place where trees, shrubs, vines and/or flower and vegetable
plants are grown and/or are offered for sale, to be transplanted onto
the lands of the purchaser by the purchaser or by the nursery establishment
itself.
A school designed to provide daytime care or instruction
for two or more children from two to five years of age, inclusive,
and operated on a regular basis.
Any dwelling where persons are housed or lodged and furnished
with meals and nursing care for hire.
BUSINESSA place or establishment used for the organizational or administrative aspects of a trade or used in the conduct of a business and not involving the manufacture, storage, display or direct retail sale of goods. This may include, but is not limited to, offices of salesmen, sales representatives, insurance brokers, real estate brokers and persons with similar occupations.
PROFESSIONALAn office devoted to a professional service occupation, in which knowledge in some department of science or learning is applied to the affairs of others, either advising or guiding them, or otherwise serving their interest or welfare through the practice of a profession founded on such knowledge.
A district wherein lots in new subdivisions of land may have
access via a common right-of-way or easement (in place of a public
road), upon special application to and review and approval by the
Planning Board, subject to such limitations and conditions as may
be prescribed by general or special rule of the Planning Board, under
authority of § 280-a of the Town Law and resolution of the
Town Board. The Mountain, Conservation and Rural Districts are the
only districts so designated for this purpose. Parking for school
bus pickups, mail delivery, and access for emergency services providers
shall be made available in all open development areas. The Planning
Board may consider the need for school bus shelters in open development
areas. For conventional subdivisions of land, open development area
designations are limited to minor subdivisions.
[Amended 10-24-2002 by L.L. No. 6-2002; 9-11-2003 by L.L. No. 4-2003]
An unoccupied space open to the sky on the same lot with
the building.
An unenclosed portion of the ground of a lot which is not
devoted to driveways or parking spaces, which is free of structures
of any kind, of which not more than 25% is roofed for shelter purposes
only, the minimum dimension of which is 40 feet and which is available
and accessible to all occupants of the building or buildings on said
lot for purposes of active or passive outdoor recreation. Accessory
building roof space may be substituted for ground space, provided
that such space is available and accessible to all said occupants
by means of access other than stairs.
A plan prepared by a licensed professional engineer detailing
means by which the severe limitations assigned to the specific soils
mapped on the site by the Soil Conservation Service of the United
States Department of Agriculture will be satisfactorily overcome for
the buildable portion of a single-family lot or for the development
area of attached houses and multifamily dwellings and commercial,
service and industrial uses, such plans to respect and protect the
ecology of the larger area.
[Amended 10-24-2002 by L.L. No. 6-2002].
A district, with supplementary regulations, which is superimposed
upon existing use districts. Such districts are mapped and on file
with the Town Clerk.
An off-street space available for the parking of one motor
vehicle and having an area of not less than nine feet by 18 feet,
exclusive of passageways and driveways appurtenant thereto and giving
access thereto, and having direct access to a street or alley.
Measurable standards imposed by the Town of Warwick Zoning
Law to ensure that a proposed use can operate or locate in a particular
district without exceeding clearly defined standards of tolerance
in areas such as noise, odor, smoke, lighting, glare, dust, vibration,
and other potentially objectionable characteristics.
An establishment primarily engaged in providing services
involving the care of a person or personal apparel, such as a beauty
parlor, barbershop, tailor or day spa.
[Amended 9-11-2003 by L.L. No. 4-2003]
A roofed, open gallery attached to the exterior of a building,
used as an outdoor living area. Porches may be enclosed by removable
screens or storm sashes.
[Added 10-24-2002 by L.L. No. 6-2002]
See "entry."
[Added 10-24-2002 by L.L. No. 6-2002]
Applies to all single-family subdivisions of land identified in § 164-40M, Table of Use Requirements, as requiring a special use permit (S**) and means the number of single-family dwelling units permitted using a standard method of development density determination that uses fully engineered subdivision plans, including percolation and deep tests for each lot and roadway and drainage designs if applicable. Such plans shall be designed so that no waivers from any provision of the Town of Warwick Code shall be necessary. Presumed base density applies to conventional subdivision plans as well as cluster subdivision plans developed in accordance with § 164-41.1 of the Zoning Law.
[Added 9-11-2003 by L.L. No. 4-2003]
Land devoted to the storage, servicing, takeoff and landing
of private, low-altitude aircraft and the storage of fuel for the
same.
One who has a minimum of a Bachelor of Science degree in
forestry from a four-year college accredited by the Society of American
Foresters.
Any lot or parcel of land.
Sewage disposal and water supply systems accepted by the
Town Board as meeting the standards required for municipal operations.
An individual or family with household incomes that do not
exceed 80% of the median income, with adjustments for household size,
as reported by the United States Department of Housing and Urban Development
(HUD).
[Added 9-11-2003 by L.L. No. 4-2003]
A lot or land or part thereof used for the purpose of extracting
stone, sand or gravel as an industrial operation and exclusive of
the process of grading a lot preparatory to the construction of a
building for which application for a building permit has been made.
A vehicular camping unit primarily designed as temporary
living quarters for recreational, camping, travel or seasonal use
that either has its own motive power or is mounted on or towed by
another vehicle. Recreational vehicles include, but are not limited
to, camping trailers, fifth wheel trailers, travel trailers, and truck
campers.
[Added 10-8-2015 by L.L.
No. 4-2015; amended 10-27-2016 by L.L. No. 4-2016]
An establishment engaged in selling or renting goods or merchandise,
specified in the Table of Use Requirements, to the general public
in small quantities for personal or household consumption or business
use and rendering services incidental to the sale of such goods. A
motor vehicle service station and an eating and drinking place shall
not be considered a "retail store."
[Added 12-9-2010 by L.L. No. 6-2010]
Any establishment where horses are kept for riding, driving
or stabling for compensation or incidental to the operation of any
club, association, ranch or similar establishment.
See "dwelling, row" definition above.
A private hospital, whether or not such facility is operated
for profit.
A structure or structures and customary parking and loading areas providing for a variety of retail commercial establishments managed as a unit and having the characteristics identified in § 164-46J(73).
See definitions for signs in § 164-43.1.
A rendering, drawing, or sketch prepared in accordance with
the specifications of the Zoning Law, and which shows the arrangement,
layout and design of a proposed use of a single parcel of land as
shown on said plan.
A commercial establishment where snow skiing facilities are
provided and may also include the sale, rental or repair of skis and
related equipment, instruction, restaurants, eating and drinking places,
nonmotorized recreational uses such as golf, foliage viewing, and
mountain biking, together with necessary and accessory buildings and
structures, but shall not include any facilities for sleeping accommodation.
The vertical distance, in feet, between the highest elevation
of a lot or development and the lowest elevation of a lot or development,
divided by the horizontal difference between these two elevations,
in feet, said horizontal distance ordinarily to be the natural course
of stormwater runoff. Should the site be sufficiently large in the
judgment of the Planning Board and heterogeneous in character (difference
of one or more slope factors), the site should be divided into different
measurement units, with a gradient defined for each.
The access of a solar energy system to capture sunlight.
[Added 6-11-2015 by L.L.
No. 2-2015]
A device, structure or a part of a device or structure for
which the primary purpose is to transform solar radiant energy into
thermal, mechanical, chemical, or electrical energy.
[Added 6-11-2015 by L.L.
No. 2-2015]
Radiant energy received from the sun that can be collected
in the form of heat or light by a solar collector.
[Added 6-11-2015 by L.L.
No. 2-2015]
A device or structural design feature, a substantial purpose
of which is to provide daylight for interior lighting or provide for
the collection, storage and distribution of solar energy for space
heating or cooling, electricity generation, or water heating.
[Added 6-11-2015 by L.L.
No. 2-2015]
A solar energy system whose primary purpose is to harvest
energy by transforming solar energy into another form of energy or
transferring heat from a collector to another medium using mechanical,
electrical, or chemical means.
[Added 6-11-2015 by L.L.
No. 2-2015]
An active utility-scale commercial facility with a direct
interconnection to a transmission line or transmission substation
with existing capacity, or potential capacity if upgraded, to accommodate
the proposed solar development and designed to produce energy for
the purpose of wholesale generated electricity.
[Added 4-26-2018 by L.L.
No. 2-2018; amended 7-13-2023 by L.L. No. 3-2023]
A photovoltaic system that is connected to an electric circuit
served by an electric utility.
[Added 6-11-2015 by L.L.
No. 2-2015]
An active solar energy system that is structurally mounted
to the ground and is not roof-mounted; may be of any size (small-,
medium- or large-scale).
[Added 6-11-2015 by L.L.
No. 2-2015]
An active solar energy system that occupies 40,000 square
feet or more of surface area and produces energy primarily for the
purpose of off-site consumption that does not fall within the definition
of "solar energy system, commercial large-scale."
[Added 6-11-2015 by L.L.
No. 2-2015; amended 10-27-2016 by L.L. No. 4-2016; 7-13-2023 by L.L. No. 3-2023]
An active solar energy system that occupies more than 10,000
but less than 40,000 square feet of surface area.
[Added 6-11-2015 by L.L.
No. 2-2015]
A photovoltaic solar energy system in which the circuits
energized by the solar energy system are not electrically connected
in any way to electric circuits that are served by an electric utility.
[Added 6-11-2015 by L.L.
No. 2-2015]
A solar energy system that captures solar light or heat without
transforming it to another form of energy or transferring the energy
via a heat exchanger.
[Added 6-11-2015 by L.L.
No. 2-2015]
An active solar energy system that is structurally mounted
to the roof of a building or structure; may be of any size (small-,
medium- or large-scale).
[Added 6-11-2015 by L.L.
No. 2-2015]
An active solar energy system that occupies 10,000 square
feet of surface area or less.
[Added 6-11-2015 by L.L.
No. 2-2015]
An active solar energy system that uses collectors to convert
the sun's rays into useful forms of energy for water heating, space
heating, or space cooling.
[Added 6-11-2015 by L.L.
No. 2-2015]
Regulated by Chapter 115 of the Town Code, Public Assemblies and Entertainment.
A land use which is deemed permissible within a given zoning
district or districts, but which may have the potential to exhibit
characteristics or create impacts incompatible with the purposes of
such district. The special use shall, therefore, be subject to approval
by the Planning Board in accordance with conditions set forth for
such use, as well as other applicable provisions of this chapter.
Both general and specific conditions have been established for special
uses to ensure that such use is in harmony with the Town Zoning Law
and Town of Warwick Comprehensive Plan[3] and will not adversely affect the neighborhood if the
requirements are met.
STABLE, PRIVATEAn accessory building in which horses are kept for private use by the occupants of the premises and not for hire, remuneration or sale.
[Amended 10-24-2002 by L.L. No. 6-2002]
STABLE, PUBLICA building in which any horses are kept for remuneration, hire or sale.
The holding or safekeeping of goods in a warehouse or other
depository to await the happening of some future event or contingency
which will call for the removal of the goods.
The accumulation of wholesale quantities of raw or finished
materials (solids, liquids and gases) preparatory to use in a manufacturing
process or to retail sales, a permanent reserve being maintained.
Bulk storage excludes underground and/or aboveground reservoirs for
storage of natural gas, liquefied petroleum gas, oil, petroleum products
or natural gas and/or oil production byproducts. Junk and scrap materials
do not qualify for inclusion in this category.
[Amended 2-26-2013 by L.L. No. 3-2013]
That portion of a building included between the surface of
any floor and the surface of the floor next above it or, if there
be no floor above it, the space between any floor and the ceiling
next above it.
STORY, HALFAny space partially within the roof framing, where the clear height of not more than 50% of such space between the top of the floor beams and the structural ceiling level is seven feet six inches or more.
STORY, HEIGHT OFThe vertical distance from the top surface of the floor to the top surface of the floor next above. The height of the topmost story is the distance from the top surface of the floor to the top surface of the ceiling joists.
A strip of land, including the entire right-of-way, publicly
or privately owned, serving primarily as a means of vehicular, pedestrian
and bicycle travel, and furnishing access to abutting properties,
which may also be used to provide space for sewers, public utilities,
shade trees, sidewalks, and streetscape amenities.
STREET GRADEThe officially established grade of the street upon which a lot fronts. If there is no officially established grade, the existing grade of the street shall be taken as the street grade.
STREET LINEThe dividing line between the street and the lot.
DEAD END OR CUL-DE-SACA street or portion of a street with only one vehicle traffic outlet. The length of the dead end or cul-de-sac shall be 1/2 of the distance measured from the point of traffic inlet, along the full length of the center line of the traveled way and returning to the point of outlet.
[Added 9-11-2003 by L.L. No. 4-2003]
See "alterations, structural" definition above.
Anything constructed or erected, the use of which requires
location on, in or under the ground or attached to something having
location on the ground.
A group of buildings, which may be cabins or cottages, containing
separate living accommodations for nontransient vacation or recreational
purposes for families or adults, for hire on a seasonal basis during
the nonwinter months.
A stormwater pollution prevention plan that includes all
requirements for erosion and sediment control and post-construction
water quality and quantity controls, involving disturbance of five
or more acres of land.
[Added 10-25-2012 by L.L. No. 3-2012]
A stormwater pollution prevention plan that includes all
requirements for erosion and sediment control, but does not require
post-construction water quality and quantity controls, involving disturbance
of one or more acres but less than five acres of land.
[Added 10-25-2012 by L.L. No. 3-2012]
A stormwater pollution prevention plan that includes an erosion
and sediment control plan appropriate for small areas of disturbance
of less than one acre of land.
[Added 10-25-2012 by L.L. No. 3-2012]
The building or landscape element that is visible at the
end of a street, or along the outside edge of a curve, where the view
is focused or ends.
[Added 10-24-2002 by L.L. No. 6-2002]
An open, unroofed, and paved space adjacent to a building
overlooking a lawn or garden.
[Added 10-24-2002 by L.L. No. 6-2002]
A building or part of a building devoted to the showing of
moving pictures on a paid-admission basis.
THEATER, OUTDOOR DRIVE-INAn open lot or part thereof, with its appurtenant facilities, devoted primarily to the showing of moving pictures or theatrical products, on a paid-admission basis, to patrons seated in automobiles or on outdoor seats.
Forestry operations in commercial and noncommercial stands
of trees, designed to provide more growing room for better trees.
Involved is the removal of poor quality, low-vigor, injured, diseased
or excessively crowded trees.
An operation in which a landowner is paid for trees to be
cut down and taken away.
An operation which involves the removal of undesirable stems,
for which there is no value, from the stand to improve the growth
and vigor of remaining stems.
The outer layer of the earth in which vegetable matter may
take root and grow.
TOURIST HOMEA dwelling in which no more than four rooms for overnight accommodations are provided or offered for transient guests for compensation, with no meals served on the premises and no more than one nonresident employee.
See "dwelling, townhouse" definition above.
TRAILER, CAMPINGA folding structure mounted on wheels and designed for travel, recreation and vacation use.
TRAILER, TRAVELA vehicular, portable structure built on a chassis, designed as a temporary one-family dwelling for travel, recreation and vacation, having a body length not exceeding 40 feet.
TRAILER, OFFICEA vehicular, portable structure built on a chassis designed as a temporary facility for such uses as banking, on-site construction supervision, and other office or clerical uses.
Any premises used for the garaging or parking of public transportation
vehicles and the loading and unloading of passengers.
[Amended 11-30-2023 by L.L. No. 8-2023]
The planting of shade and ornamental trees, both deciduous
and evergreen, of nursery stock guaranteed to survive one planting
season, the caliper of all such trees to be at least one and one-half
inches in diameter.
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
USE, ACCESSORYA use customarily incidental and subordinate to the principal use of a building and located at the same lot with such principal use of a building. Except for uses accessory to a dwelling unit, any use which is accessory to a special permit use shall also be a special permit use. Any use which is accessory to a permitted use shall also be a permitted use.
USE, NONCONFORMINGThe lawful occupancy of a structure or land by a use or activity which was lawful at the time of enactment of this chapter or its predecessor ordinances and laws or any amendment to this chapter which does not conform to the regulations of the district or zone in which it is situated.
USE, PRINCIPALThe main or principal use of the lot. Except for mixed uses and multiple retail uses permitted in the Town's Traditional Neighborhood, Community Business, Local Business Hamlet, Office/Industrial and Designed Shopping Districts, only one principal use is permitted per lot, all other uses, except residential uses allowed by special permit and permitted accessory uses, being excluded.
[Amended 12-9-2010 by L.L. No. 6-2010; 8-18-2022 by L.L. No. 4-2022]
USE, SPECIALA use which is deemed desirable for the public welfare within a given district or districts, but which is potentially incompatible with permitted and accessory uses provided therein. A special use shall be subject to authorization and plan approval by the Planning Board, pursuant to the provisions of § 164-46 of this chapter.
A building or part of a building for storing of goods, wares
and merchandise, whether for the owner or for others, and whether
it is a public or private warehouse.
A building consisting of individual, small, self-contained
units that are leased or owned for the storage of business or household
goods.
A street or alley or other thoroughfare or easement permanently
established for passage of persons or vehicles.[4]
An unoccupied space, open to the sky, on the same lot with
a building or structure.
YARD, FRONTAn open, unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the street line and the front line of the building projected to the side lines of the lot. The depth of the front yard shall be measured between the front line of the building and the street line. Covered porches, whether enclosed or unenclosed, shall be considered as part of the main building and shall not project into a required front yard.
YARD, REARAn open, unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the side lines of the lot. The depth of the rear yard shall be measured between the rear line of the lot or the center line of the alley, if there be an alley, and the rear line of the building.
YARD, SIDEAn open, unoccupied space on the same lot with a main building, situated between the side line of the building and the adjacent side line of the lot and extending from the rear line of the front yard to the front line of the rear yard. If no front yard is required, the front boundary of the side yard shall be the front line of the lot, and if no rear is required, the rear boundary of the side yard shall be the rear line of the lot.
[1]
Editor's Note: The former definition of “camping ground,”
which immediately followed this definition, was repealed 10-8-2015
by L.L. No. 4-2015.
[2]
Editor's Note: The Table of Bulk Requirements is included at the end of this chapter.
[3]
Editor's Note: The Comprehensive Plan is on
file in the office of the Town Clerk.
[4]
Editor's Note: The former definition of "work-live unit,"
which immediately followed this definition, was repealed 4-14-2022
by L.L. No. 3-2022.
