For the purposes of this chapter only, certain words and terms used herein are defined as follows:
A. 
General construction of language. All words used in the present tense include the future tense, all words in the plural number include the singular number, and all words in the singular number include the plural number, unless the natural construction of the wording indicates otherwise. Unless otherwise specified, all distances shall be measured horizontally. The word "town" means the Town of Olive; the term "Town Board" means the Board of Councilmen, and the Supervisor of said town; the term "Board of Appeals" means the Zoning Board of Appeals of said town; the term "Planning Board" means the Town Planning Board of said town; the term "Town Plan" means the Comprehensive Master Plan as it may be adopted by the Town Planning Board pursuant to § 272-a of the Town Law. The word "shall" is mandatory and not directory.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
AFFORDABLE HOUSING
Residential units available for a sales price or rental fee within the means of a low- or moderate-income household as defined by state or federal legislation.
[Added 5-6-1997 by L.L. No. 1-1997]
AFFORDABLE SENIOR CITIZEN HOUSING
A residential cluster development of 10 or more residential units which meets specific conditions and the definitions of "affordable housing" and "senior citizen housing" as set forth in this section.
[Added 5-6-1997 by L.L. No. 1-1997]
ALTER
To change or rearrange the structural parts of the existing facilities of a structure, or to move a building from one location or position to another.
[2]
AREA, BUILDING
Total of areas taken on a horizontal plane at the main grade level of principal buildings and all accessory buildings, exclusive of uncovered porches, parapets, steps, and terraces.
BASEMENT
That portion of a building wholly or partly underground, which extends no more than five feet above the adjoining finished grade.
BOARDINGHOUSE
A dwelling occupied by one family with three or more boarders, roomers or lodgers in the same household, who are lodged with or without meals, in which there are provided such services as are incidental to its use as a temporary residence for part of the occupants and for which compensation is paid, either directly or indirectly. The term "boardinghouse" shall include "rooming house" and "lodging house," but not "foster home," for the purposes of this chapter.
BUILDING
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, ACCESSORY
A subordinate building, the use of which is customarily incidental to that of a main building on the same lot.
BUILDING LENGTH
The least horizontal distance between the furthermost walls of a building, measured along or parallel to the axis of its greatest dimension.
BUILDING, MAIN
A building in which is conducted the main or principal use of the lot on which said building is situated.
CAMP
Any area of land, or land and water, including any buildings, tents, shelters, or other accommodations suitable for temporary or seasonal living purposes, and any dwelling units occupied by the owner, caretaker, or superintendent.
CAMP, DAY
Any camp, as defined in this chapter, offering day care or instruction for adults or children.
CLUB, MEMBERSHIP
An organization catering exclusively to members and their guests for recreational, athletic, or social purposes, which are not conducted primarily for gain, providing that there are not conducted any vending stands, merchandising or commercial activities, except as required generally for the membership and purposes of such club.
CONVALESCENT HOME or NURSING HOME
Any establishment where three or more persons suffering from or afflicted with, or convalescing from, any infirmity, disease or ailment, are habitually kept or boarded or housed for remuneration, other than municipal or incorporated hospitals and establishments, licensed by the State Commissioner of Mental Hygiene, and maternity homes licensed by the State Commissioner of Health.
COVERAGE
That percentage of the lot area covered by the combined area of all buildings or structures on the lot.
DUMP
A lot or land, or part thereof, used primarily for the disposal by abandonment, dumping, burial, burning or any other means and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or waste material of any kind.
DWELLING
A detached building, designed or used exclusively as living quarters for one or more families; the term shall include "mobile home" but shall not be deemed to include automobile court, motel, boarding or rooming house, camp trailer, tourist home, cellar, or tent.
DWELLING, MULTIFAMILY
A dwelling containing three or more dwelling units.
DWELLING, ONE-FAMILY
A dwelling containing one dwelling unit only.
DWELLING, TWO-FAMILY
A dwelling containing two dwelling units only.
DWELLING UNIT
A building or portion thereof providing complete housekeeping facilities for one family.
EDUCATIONAL INSTITUTION, PRIVATE
Any nonpublic school or other organization or institution conducting a regularly scheduled curriculum of study similar to that of the public schools and operated by nonstock corporations under the Education Law of New York State.
FAMILY
One or more persons occupying a dwelling unit and living as a single housekeeping unit in a domestic relationship based upon birth, marriage, or other domestic or legal bonds.
FARM USE
The use of a parcel of land either as a principal or accessory use for the purpose of producing agricultural, horticultural, floricultural, vegetable and fruit products of the soil, livestock and meats, poultry, eggs, dairy products, nuts, honey, wool and hides. A customary farm occupation shall be the conducting of usual farm activities, and shall include the processing and retail sale, in a farm produce stand, or otherwise on the premises, of the products of only the farm on which such activities and processing are conducted.
FILED MAP
Any map or plat filed in the County Clerk's office of Ulster County.
FLOOR AREA, USABLE
When applied to dwellings, shall include all floor area used for human occupancy within the exterior walls of the building, but shall not include open porches or breezeways, basements, garages, or uninhabitable or unfinished attic space.
FRONTAGE
The extent of a building or of land along a street.
GARAGE, PRIVATE
An accessory building, or part of a main building, used only for the permitted storage of motor vehicles as permitted in this chapter.
GARAGE, PUBLIC
A building, or part thereof, used for the storage, care and repair of motor vehicles for remuneration, and the sale of motor fuels dispensed from pumps located within the garage building, including any sale of motor vehicle accessories, or where motor vehicles are kept for hire or sale.
GASOLINE FILLING STATION
Any area of land, including structures thereon, or any building or part thereof that is used for the sale of motor vehicle accessories, and which may include facilities for lubricating, washing, or other minor servicing of motor vehicles, but not including body work, major repair or painting thereof by any means.
GRADE, FINISHED
The finished grade at any point along the wall of a building shall be the elevation of the completed surfaces of lawns, walks, and roads, adjoining the wall at that point.
HEIGHT OF BUILDING — The vertical distance to the level of the highest point of the roof, if the roof is flat, or to the mean level between the eaves and the highest point of the roof, if the roof is of any other type, measured as follows:
(1) 
If the building adjoins the front property line or is not more than 10 feet distant therefrom: measured at the center of the front wall of the building from the established grade of the curb; or, if no grade has been officially established and no curb exists: measured from the average level of the finished ground surface across the front of the building.
(2) 
If the building is more than 10 feet from the front property line: measured from the average level of the finished grade adjacent to the exterior walls of the building. Where the finished grade surface is made by filling, the level of such finished grade, for the purpose of this definition, shall not be deemed to be more than three feet above the established grade of the curb.
(3) 
When a lot fronts on two or more streets of different levels, the lower street or the average elevation of the lot with regard to the abutting streets may be taken as the base for measuring the height of the building.
HOME OCCUPATION
An accessory use of a service character customarily conducted within a dwelling by the residents thereof, which is clearly secondary to the use of the dwelling for living purposes and does not change the character thereof or have any exterior evidence of such secondary use other than a small name plate, and in connection therewith, there is not involved the keeping of a stock in trade. The office of a physician, surgeon, dentist or other professional person, including an instructor of an individual musical instrument limited to a single pupil at a time, who offers skilled services to clients, and who is not professionally engaged in the purchase or sale of economic goods, and the occupations of dressmaker, milliner, or seamstress, dancing instruction, band instrument instruction in groups, tea rooms, beauty parlors, barbers, convalescent homes, and stores, trades or business of any kind, each with not more than one paid assistant, or exceeding more than 25% of the gross floor area of the principal residential use, shall be deemed to be home occupations.
HOSPITAL
Unless otherwise specified, shall be deemed to include sanitarium, and any other place for the diagnosis, treatment, or other case of human ailments.
HOTEL
A building containing rooms intended or designed to be used, or which are used, rented or hired out to be occupied for sleeping purposes by guests, and where only a general or community kitchen and dining room are provided within the building or in an accessory building.
JUNKYARD
An area of land, with or without buildings, used for the storage, outside of a completely enclosed building, of used and discarded materials, including, but not limited to, waste paper, rags, metal, building materials, house furnishings, machinery, vehicles, or parts thereof, with or without the dismantling, processing, salvage, sale or other use or disposition of the same. The deposit or storage on a lot of two or more wrecked or broken vehicles, or the major parts of more than two such vehicles, shall be deemed to make the lot a junkyard.
LOADING SPACE
Any off-street space available for the loading or unloading of goods, not less than 15 feet wide, 40 feet long, and 14 feet high (if covered in any manner), and having direct usable access to a street, except that where one such loading space has been provided, any additional loading space lying alongside, contiguous to, and not separated from such first loading space need not be wider than 12 feet.
LOT
A parcel of land, not divided by streets, devoted or to be devoted to a particular use, or occupied or to be occupied by a building and its accessory buildings, together with such open spaces as are required under the provisions of this chapter, and having its principal frontage on a street, or on such other means of access as may be deemed in accordance with the provisions of law to be adequate as a condition of the issuance of a building permit for a building or buildings on such land.
LOT AREA
The total horizontal area included within lot boundaries.
LOT, CORNER
A lot of which at least two adjacent sides each abut for a total distance of 50 feet or more on streets or public places. Any other lot is an interior lot.
LOT DEPTH
The mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lot lines.
LOT LINE, FRONT
In the case of a lot abutting upon only one street, the line separating the lot from the street; in the case of any other lot, the owner shall, for the purpose of this chapter, have the privilege of electing any street lot line as the front lot line.
LOT LINE, REAR
The lot line which is generally opposite the front lot line; if the rear lot line is less than 10 feet in length, or if the lot comes to a point at the rear, the rear lot line shall be deemed to be a line parallel to the front line not less than 10 feet long, lying wholly within the lot and farthest from the front lot line.
LOT LINES
The property lines bounding a lot as defined herein.
LOT WIDTH
The mean width of a lot measured at right angles to the lot depth, measured at the main building line.
LOW-INCOME HOUSING
Housing affordable according to the Federal Department of Housing and Urban Development and/or New York State standards for home ownership and rental costs, occupied or reserved for occupancy by households with a gross household income equal to 50% or less of the median gross household income for households of the same size within the housing region in which the house is located.
[Added 5-6-1997 by L.L. No. 1-1997[3]]
MOBILE HOME
Any vehicle or similar portable structure with or without a foundation or wheels, jacks, skirtings, wood or masonry block supports, designed or constructed to be towed, driven or otherwise transported to its resting site and which is further designed to permit occupancy for dwelling or sleeping purposes. The term "mobile home" shall also include the terms "house trailer," "modular house," and "prefabricated house," but not "camp trailer."
MOBILE HOME PARK
Any plot of ground upon which five or more mobile homes occupied for dwelling or sleeping purposes are or can be located, regardless of whether or not a charge is made for such accommodation.
MODERATE-INCOME HOUSING
Housing affordable according to the Federal Department of Housing and Urban Development and/or New York State standards for home ownership and rental costs, occupied or reserved for occupancy by households with a gross income in excess of 50% but less than 80% of the median gross income for households of the same size within the housing region in which the housing is located.
[Added 5-6-1997 by L.L. No. 1-1997[4]]
MOTEL
A series of attached, semidetached, or detached dormitory units, having a private outside entrance for each unit, provided with an automobile parking space convenient to each unit, and providing lodging with or without meals and other incidental services for a transient clientele. "Automobile court," "motor court" and "tourist court" shall be deemed to be a motel.
NATURAL GAS
Any gaseous substance, either combustible or noncombustible, which is produced in a natural state from the earth and which maintains a gaseous or rarified state at standard temperature and pressure conditions, and/or gaseous components or vapor occurring in or derived from petroleum or other hydrocarbons.
[Added 2-12-2013 by L.L. No. 1-2013]
NATURAL GAS AND/OR PETROLEUM EXPLORATION
Geologic or geophysical activities related to the search for natural gas, petroleum 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, petroleum, or other subsurface hydrocarbon deposits.
[Added 2-12-2013 by L.L. No. 1-2013]
NATURAL GAS AND/OR PETROLEUM EXPLORATION AND PRODUCTION MATERIALS
Any solid, semisolid, liquid, semiliquid or gaseous material used in the exploration or extraction of natural gas.
[Added 2-12-2013 by L.L. No. 1-2013]
NATURAL GAS AND/OR PETROLEUM EXTRACTION
The digging or drilling of a well for the purposes of exploring for, developing or producing natural gas, petroleum or other subsurface hydrocarbons.
[Added 2-12-2013 by L.L. No. 1-2013]
NATURAL GAS AND/OR PETROLEUM EXTRACTION SUPPORT ACTIVITIES
A water or fluid gathering station and/or water extraction sites in all Town and private waterways, including but not limited to reservoirs, aquifers, rivers, creeks, and ponds; a water or fluid injection station; construction, use, or maintenance of a storage or staging yard; a natural gas or petroleum storage facility and/or wastewater retention "ponds"; and a natural gas or petroleum gathering line, venting station, or compressor associated with the exploration or extraction of natural gas or petroleum.
[Added 2-12-2013 by L.L. No. 1-2013]
NATURAL GAS EXPLORATION AND/OR PETROLEUM PRODUCTION WASTES
Any garbage, refuse, cuttings, leachate, sludge, flow-back fluids, produced waters or other discarded materials, including solid, liquid, semisolid, or contained gaseous material that results from or is associated with the exploration, drilling or extraction of natural gas and/or petroleum.
[Added 2-12-2013 by L.L. No. 1-2013]
NONCONFORMING USE
A use of a building or of land that does not conform to the regulations as to use in the district in which it is situated, which use was lawful at the time this chapter or amendments thereto became effective.
NURSERY, DAY OR SCHOOL
A place, building or structure, specifically designed to provide care or instruction for two or more children under six years of age.
NURSING HOME
See "convalescent home."
OFFICIAL MAP
A map, adopted by the Town Board, showing streets, highways and parks already laid out, adopted and established in accordance with § 270 of the Town Law.
PARKING AREA
An off-street area containing one or more parking spaces, with passageways and driveways appurtenant thereto. In general, there shall be an average of about 350 square feet of parking area per parking space.
PARKING SPACE
An off-street space available for the parking of one motor vehicle on a transient basis and having a width of nine feet, and an area of not less than 180 square feet, exclusive of passageways and driveways appurtenant thereto and giving access thereto, and having direct usable access to a street.
ROOMING HOUSE
See definition of "boardinghouse."
SENIOR CITIZEN HOUSING
Dwelling units within which residency shall be restricted to a permanent resident aged 62 years or more of age and one other person.
[Added 5-6-1997 by L.L. No. 1-1997]
SIGN
Any movable or permanently fixed device for visual communication, which is used for the purpose of bringing the subject thereof to the attention of the public, including devices on vehicles, wheels or other transportable structures, and shall be subject to all regulations applicable to structures.
SIGN, ADVERTISING
Any sign advertising the sale of goods, the performance of service, or the name and location of a proprietor not located on the lot upon which the sign is displayed. Billboards, signs on wheels, skids, vehicles, or in other ways movable, and similar signs shall be included in the term "advertising sign."
SIGN SIZE
The area which results by multiplying the outside dimensions of a sign, not including the vertical, horizontal or diagonal supports which may affix the sign to the ground or to a structure or building. Where the sign consists of individual letters or symbols attached to, or painted on, a building, the area shall be considered to be that of the smallest rectangle which encompasses all of the letters or symbols.
STABLE, PRIVATE
An accessory building in which horses are kept for private use and not for hire, remuneration or sale.
STABLE, PUBLIC
A building in which any horses are kept for remuneration, hire or sale.
STORY
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, then the space between the floor and the ceiling next above it. A basement shall be counted as a story if the ceiling is more than five feet above the level from which the height of the building is measured, or if it is used for business purposes or for dwelling purposes by other than a janitor or watchman.
STORY, HALF
A story with at least two opposite exterior sides meeting a sloping roof not more than two feet above the floor of such story.
STREET
A way which is an existing state, county or town highway, or a way shown upon a subdivision plat approved by the Planning Board, as provided by law, or on a plat duly filed and recorded in the office of the County Clerk.
STRUCTURE
Anything constructed or erected, the use of which requires location on or under the ground, or attachment to something having location on the ground.
STRUCTURE ALTERATIONS
Any change in the supporting members of a structure, including but not limited to bearing walls, retaining walls, columns, beams or girders.
SUBDIVISION
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 or building development. Such division shall include resubdivision of plats already filed in the office of the County Clerk if such plats are entirely or partially undeveloped.
TOURIST HOME
A dwelling, other than a hotel, boarding or rooming house or motel, as defined elsewhere in this chapter, in which not more than four rooms or similar overnight accommodations are provided or offered for transient guests for compensation and which offer no dining facilities.
TRAILER, CAMP OR TRAVEL
A portable structure designed to be towed or transported by a motorized vehicle capable of being licensed for such transportation on public thoroughfares and used as a temporary dwelling for travel, recreational and vacation use.
USABLE OPEN SPACE
A portion of the ground area of a lot which is available and accessible to all occupants of a dwelling unit, or dwelling units, on said lot for outdoor recreation use, which area is not devoted to driveways or parking spaces, is at least 25 feet in minimum dimension, and has no more than 10% of its area with a grade of more than 5%.
USE
The specific purpose for which land, water, or a building or structure is designed, arranged, intended, or for which it is or may be occupied or maintained.
USE, ACCESSORY
A use which is customarily incidental and subordinate to the principal use of a lot, water area or a building, and located on the same lot or water area therewith.
UTILITY, PRIVATE
A pump or well house and other buildings accessory to use of main building on premises, not including a guest house or accessory building as otherwise provided in said chapter.
UTILITY, PUBLIC
An electric unit substation, municipal pump station or water tower, municipal garage, firehouse, telephone substation.
YARD
An open space on the same lot with a building or group of buildings, which open space lies between the building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward, except as may be specifically authorized in this chapter. In measuring a yard, as hereinafter provided, the line of a building shall be deemed to mean a line parallel to the nearest lot line, drawn from a point of a building or the point of a group of buildings nearest to such lot line, and the measurement shall be taken at right angles from the line of the building, as defined herein, to the nearest lot line.
YARD, FRONT
A yard extending across the full width of the lot and lying between the front lot line and the nearest line of the building.
YARD, REAR
A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the building.
YARD, SIDE
A yard between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard, or, in the absence of either of such yards, to the front and rear lot line, as the case may be.
ZONING INSPECTOR
The town officer authorized to administer this chapter. The term shall include but not be limited to such terms as "zoning officer," "zoning enforcement officer," "building inspector" and/or "code enforcement officer."
[Amended 11-13-2001 by L.L. No. 1-2001]
ZONING PERMIT
The written permission, issued by the Town of Olive Zoning Inspector or his authorized agent, indicating proof of compliance with this chapter and authorizing development or use of land and/or structures in accordance with this chapter.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).