Unless otherwise expressly stated, the following
terms shall, for the purposes of this chapter, have the meanings 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.
As used in this chapter, the following terms
shall have the meanings indicated:
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 in the case
of housing for farm employees, "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, studios,
greenhouses and playhouses and such elements as satellite dish antennas,
windmills and solar collectors.
A use, occupancy or tenancy which is customarily incidental
and subordinate to the principal use, occupancy or tenancy and which
is located on the same lot or premises.
A device which is used for the transportation of one or more
persons or goods in the air, including, but not limited to, airplanes,
blimps, dirigibles, helicopters, and gliders; however, "aircraft"
shall not include balloons or parachutes.
[Added 8-5-2002 by L.L. No. 2-2002]
An area for the landing touchdown, or takeoff of an aircraft,
including, but not limited to, an airport, airstrip, field, helipad,
heliport or helistop. Any use of an aircraft for landing, touchdown,
or takeoff on private or public land in the Town of Stanford, except
for emergency purposes, is covered by this definition.
[Added 8-5-2002 by L.L. No. 2-2002]
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 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.
An establishment licensed under the laws of New York State
for the sale of alcoholic beverages and their consumption on the premises.
Structures totally enclosed with a roof and walls necessary
for the normal operation of crop farming and dairy and livestock operations,
provided that such structures are more than 100 feet from any property
line.
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 finished grade of the ground adjoining the building.
A private owner-occupied dwelling in which at least one and
not more than four rooms are offered for rent for transient occupancy,
in which overnight lodging and breakfast are offered to such occupant
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 three 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 Board of Appeals of the Town of Stanford as provided for in Article X of this chapter.
Docks or other marine structures, excluding buildings, used for the purpose of securing recreational power or sail boats. The term "boat moorage" does not include any structures used for building or repairing such boats. See Chapter 67, Boats, of this Code for additional regulations.
A strip of land established and suitably developed with fencing,
berms and natural vegetation.
The space remaining on the lot after the minimum yard and
open space requirements 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."
That percentage of the plot or lot area covered by the composite
building area on or extended to the ground plane of all principal
and accessory structures located on the plot or lot. Such coverage
excludes uncovered porches, terraces and steps, except where utilized
for commercial purposes.
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 Town employee appointed by the Town Board and charged
with the responsibility of administering and enforcing this chapter,
as well as the New York State Uniform Fire Prevention and Building
Code and related regulations pertaining to the development of structures
and the use of land within the Town of Stanford, which employee shall
be certified as a building official by the New York State Building
Codes Council.
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. In any residence district,
any dwelling shall be deemed the "principal building" on the lot on
which it is situated.
A building attached by a party wall to another building normally
of the same type on another lot, but having one side yard.
A place or places other than a restaurant or other eating
and/or drinking establishment where goods or products are sold or
rented.
An establishment primarily engaged in rendering services
on a fee or contract basis, such as advertising and mailing, building
maintenance, employment service, office equipment rental and leasing,
commercial research, development and testing, photo finishing and
personal services.
A building or buildings used as a wholesale distribution
center.
A structure housing 100 or more birds, with one or more birds
to a cage and all normal operation relating to live birds accomplished
without removing the birds from the cage.
Land used or intended to be used for the burial of dead human
beings and dedicated for cemetery purposes, including columbariums,
crematories, mausoleums and mortuaries when operated within the boundary
of such lands.
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 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.
A building used for the purpose of practicing any organized
tax-exempt religion.
A facility designed for the practice of dentistry or medicine
at which nonresident patients are treated.
A development pattern in which uses are grouped "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.
A business used for the retail or wholesale sale of goods,
products or services to crop farms, dairy or livestock operations,
fur or pig farms or caged-poultry operations.
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 building used for neighborhood meetings and recreation,
whether a fee is charged or not, but excluding buildings belonging
to a church or other places of worship.
See definition of "Master Plan."
The Conservation Advisory Council of the Town of Stanford,
New York.
Any space, whether inside or outside a building, used for
the storage or keeping of construction supplies, materials, equipment,
machinery or vehicles, or parts thereof, which are in active use by
a construction contractor.
A one-story retail store containing less than 2,000 square
feet of gross floor area that is designed and stocked to sell primarily
food, beverages and household supplies to customers who purchase only
a relatively few items. Such establishment may include the retail
sale of gasoline, oil and other automotive fluids, although no repairs
or servicing of vehicles is permitted, and the number of fuel dispensing
nozzles is restricted to a maximum of eight.
A change in use or occupancy of a building, generally by
alteration or by other reorganization as to increase the number of
families or dwelling units within a structure.
See definition of "building coverage."
The commercial growing of vegetables, fruits and grains for
human or animal consumption and the commercial growing of flowers.
This definition does not restrict the growing of such vegetables,
fruits or grains for personal consumption in the LR and RC Zoning
Districts when the total area dedicated to such use is less than one
acre. This definition does not restrict the growing of flowers or
other ornamentals for such personal enjoyment whatsoever.
Any tract of land of five acres or more used for the raising
or breeding of cows and goats and/or the manufacture of their products.
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.
An area or section of the Town described on the Zoning District
Map contained within this chapter,[1] and within which uniform requirements regulate the use
of land and structures and the height, bulk, density and setback of
structures.
Land situated on a lot used or intended to be used as a private
access route directly serving a parking area; or serving parking spaces
and not providing a route for through traffic.
[Amended 5-8-2003 by L.L. No. 3-2003]
See definition of "landfill."
A structure or building containing or constituting two attached,
detached or semidetached single-family dwelling units on a single
lot or plot of land. A duplex shall also be referred to as a "two-family
dwelling."
[Added 12-10-1992 by L.L. No. 6-1992]
A building designed or used principally as the living quarters
for one or more families.
A self-contained dwelling unit, having its own exterior or
interior entrance and which is subordinate to the principal residence,
shares no kitchen, bath, living or sleeping facilities with the principal
residence and is located on the same lot.
A detached building containing one dwelling unit only. Also
referred to as a "single-family detached home."
A detached or semidetached building containing two dwelling
units only; semidetached may also be known as a "duplex."
A detached, semidetached or attached building, or portion
thereof, containing three or more dwelling units.
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 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.
Any school having regular sessions with regularly employed
instructors who teach those subjects that are fundamental and essential
in general education under the supervision of the State of New York
or a lawfully constituted ecclesiastical governing body or a private
corporation meeting state requirements.
The Environmental Conservation Law of the State of New York,
Chapter 43-B of the Consolidated Laws.
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. Persons occupying
group quarters, such as a dormitory, fraternity or sorority house
or a seminary, shall not be considered a family.
Any parcel of land containing at least 10 acres which is
used for gain in the 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 riding academies, livery or boarding stables
and dog kennels or catteries.
The use of temporary or portable accessory structures on a parcel of land used as a principal or accessory use by two or more producers for the direct sale of farm produce and farm products to the public, as permitted by §§ 164-8 and 164-19.4 of this chapter. If the use involves the construction or use of permanent structures or other improvements, including paving or signage, the use shall be classified as "outdoor retail" or other use and subject to the provisions of this chapter applicable to such use.
[Added 2-10-2022 by L.L. No. 1-2022]
An unroofed enclosing structure erected for the purpose of
preventing passage and/or view.
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, including attics, having a clear head room
of less than seven feet.
The processing, packaging or storage of foods or beverages,
excluding those involving distillation, fermentation, rendering of
fats or oils or slaughtering.
The raising, harvesting and sale of forest products.
See definition of "lot frontage."
A building used for the storage of motor vehicles and all
types of farm machinery and conveyances owned and regularly used by
or on behalf of the owner or tenant of the lot on which it is erected
and only for a purpose accessory to the permitted use of the lot.
A building or lot or part thereof supplying and selling gasoline
or other equivalent fuel for motor vehicles at retail direct from
pumps and storage tanks. A "gasoline station" may include accessory
facilities for rendering service for motor vehicles, such as lubrication,
washing and minor repairs.
The General Municipal Law of the State of New York, Chapter
24 of the Consolidated Laws.
A totally enclosed structure, other than a gasoline station
as defined in this chapter for the repair of radios and televisions,
appliances and other small machinery.
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 dwelling, used for occupancy for either short term guests of the owners or tenants of the principal dwelling or for occupancy by their domestic employees, including caretakers. A "guest cottage" must have a special use permit granted by the Planning Board and meet the additional standards for certain uses as is required by § 164-22K of this chapter. A "guest cottage" must meet all applicable setback requirements and have twice the minimum lot area for such residential lots in the applicable zoning district and have suitable water supply and sewage drainage disposal facilities as required by this chapter. No exchange of money or rental fee shall be permitted for the use of a guest cottage.
[Amended 6-27-1996 by L.L. No. 1-1996]
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 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 this chapter. The term "home occupation" shall include the provision
of day-care services for six or fewer children, who are not residents
of the dwelling, and the operation of a bed-and-breakfast establishment
as earlier defined in this section.
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.
The office or studio of a resident physician, surgeon, dentist
or other person licensed by the State of New York to practice a healing
art, lawyer, architect, artist, engineer, real estate broker or salesman,
insurance broker or agent or teacher as herein restricted, provided
that not more than two persons are employed who are not members of
the family and that such office shall be in the main building and
shall not occupy more than the equivalent of 1/2 of the area of one
floor of said building. For the purposes of this definition, a "teacher"
shall be restricted to a person giving individual instruction in academic
or scientific subjects to a single pupil at one time. The "home professional
office" of a physician shall not include a biological or other medical
testing laboratory.
The caring, keeping and harboring of horses, including the
necessary stable, riding structures and turnout paddocks within the
prescribed limits of the parcel or parcels on which the horses will
be kept and maintained, as well as the storage of equipment and supplies
necessary, important, related to or used as part of the horse operation.
[Added 7-8-1999 by L.L. No. 2-1999]
An establishment for the medical and/or surgical care of
sick or injured animals, including facilities for their temporary
occupation.
Land used or intended to be used for the burial of dead human
beings and dedicated for cemetery purposes, including columbariums,
crematories, mausoleums and mortuaries when operated within the boundary
of said property.
See Chapter 118, Junkyards and Dealers, of this Code for a definition and applicable regulations promulgated by the Town of Stanford.
Any premises on which are kept five 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, including construction
debris. For purposes of this chapter, a private compost pile shall
not be construed to be a "landfill."
A business premises equipped with individual clothes-washing
or dry-cleaning machines intended for principal use by retail customers.
A building used by a public or nonprofit institution for
the purpose of housing books, manuscripts, collections, exhibits or
other educational materials.
Any enclosed or fenced area, other than a barn used by a
dairy and livestock operation, designed for the temporary holding
of animals for concentrated feeding or fattening or the purpose of
sale or transfer by auction, consignment or other means.
Any tract of land of 10 acres or more used for the raising
or breeding of cattle, sheep or other animals for commercial sale.
Livestock operations do not include the raising or breeding of dogs,
pigs, fur-bearing animals and caged-type poultry.
[Amended 7-8-1999 by L.L. No. 2-1999]
An area 12 feet in width and 60 feet in length with a vertical
clearance of 15 feet, with such shape, access and slope as to accommodate
one truck having an overall length of 60 feet.
Logging or timber harvesting is the cutting of timber or
trees in excess of 25 cords of wood, or 10,000 board feet of lumber
from timber or trees, by an owner of property or its representative
on such property, in any one calendar year. Adjacent properties or
properties in close proximity of each other to be logged or harvested
concurrently by the same owner, applicant or logger shall be deemed
one logging or timber harvesting operation, and the board feet or
cords taken or to be taken from such properties shall be combined
for the total logged or harvested. Logging shall not include timber
harvesting or tree cutting for consumption as fuel or lumber on premises
or associated with the clearing for farmland or house sites.
[Added 5-8-1997 by L.L. No. 1-1997]
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 provision of § 280-a of the Town 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 property lines, excluding
any area devoted to external streets, e.g., in the case of a user
highway.
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 horizontal distance from the street line of a lot to
the rear lot line of such lot, measured along the median between the
two side lines.
A "lot," as defined in this definition section of Chapter 164, with less than the minimum required lot frontage and/or a lot with less than the minimum standards of § 164-9, District Schedule of Area and Bulk Regulations, for the zoning district in which it is located, containing a narrow land strip accessway, the flag pole, leading to the buildable rear portion of the lot, the flag.
[Added 5-8-2003 by L.L. No. 3-2003]
That side of a lot measured along the right-of-way of any
dedicated Town, county or New York State highway, or along a line
24.75 feet from the center line of any user highway. A corner lot
shall be considered to have two such frontages.
[Amended 5-8-2003 by L.L. No. 3-2003]
Any lot other than a "corner lot".
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 and the predecessor Zoning Ordinance adopted by the Town Board on March 24, 1986, as Ordinance Number 1 of 1986, as amended, wherein such lot was described in and duly filed and recorded in the Dutchess County Clerk's office as either an individual parcel of land or part of an approved subdivision, in accordance with Chapter 140, Subdivision of Land, and applicable provisions of the Town Law.
The minimum horizontal distance between the side lot lines measured at right angles to the lot depth along the rear line of the required front yard (i.e., at the minimum front setback) as established within the District Schedule of Area and Bulk Regulations, excepting permitted dimensional standards for flag lots in compliance with Chapter 140, § 140-18A(7) of this Code.
[Amended 5-8-2003 by L.L. No. 3-2003]
A document developed by the Planning Board setting forth
policies for the future growth and development of the Town. Such document
may be officially adopted by the Town Board in satisfaction of the
requirements of § 263 of the Town Law.
For purposes of this chapter, the use of any land for the
excavation, extraction or removal of more than 200 cubic yards during
any period of 18 calendar months of sand, gravel, clay, stone, rock,
loam, humus or topsoil for sale or for use other than on the property
from which the material is extracted.
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 400 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 totally enclosed structure, other than a gasoline station
as defined in this chapter, for the repair of automobiles or trucks.
The Municipal Home Rule Law of the State of New York, Chapter
36-a of the Consolidated Laws.
A housing development where a number of dwellings are constructed
and operate as a single project on one plot of land containing separate
living units for three or more families, but which may have joint
facilities or services or both, not to include "hotel" or "motel"
as defined within the New York State Uniform Fire Prevention and Building
Code.
An existing building or structure 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 yard; maximum height; lot coverage;
parking requirements; or density, after the adoption or subsequent
amendment of this chapter. This condition may also be cited as "noncomplying
bulk."
A legal existing use which does not conform to the applicable
use regulations for the zoning district in which such use is located
after the adoption or subsequent amendment of this chapter.
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 tract of land of five acres or more used for the commercial
growing of ornamental trees, shrubs or herbaceous plants intended
for sale, including Christmas tree farms.
Any premises, however designated, which operates on a regular
basis to provide care or instruction for seven 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 persons.
The term "nursing home" shall include a convalescent home and a rest
home.
Use of a building, structure or premises.
A structure used for the purpose of conducting a business
or selling professional services. The term "office or service establishment"
does not include such establishments that sell goods, such as a retail
store.
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.
A tract of land used for the sale at retail of articles to
be used or consumed off premises. Auctions, flea markets or other
short-term seasonal sales events are typical "outdoor retail uses."
Commercial establishments which sell only products related to agriculture
as defined in this chapter shall not be deemed "outdoor retail."
The 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.
Any land and/or associated structures created and maintained
by a municipality for the express use and enjoyment by the general
public for recreational purposes.
For purposes of this chapter, an off-street parking area
containing five or more parking spaces as required by this chapter.
An area of land, not less than nine feet by 20 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.
A specific use noted in § 164-8, District Schedule of Use Regulations, of this chapter, for 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 compounding, packaging or storage of cosmetics, drugs,
perfumes, pharmaceuticals, soap or toiletries, excluding all processes
involving refining or rendering of fats and oils.
Any tract of land on which five or more small animals other
than sheep are kept for fur production or on which three or more pigs
are kept.
The Planning Board of the Town of Stanford.
A lot, plot or parcel of land, together with all structures
and uses thereon.
The alteration, manufacture or storage of all products necessary
for normal operations of crop farming and dairy and livestock operations.
The main or primary purpose or purposes for which the 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.
A building or portion thereof wherein services are performed
involving predominantly administrative, professional or clerical operations.
The Public Health Law of the State of New York, Chapter 45
of the Consolidated Laws.
A structure which is necessary for a public utility (as defined
by New York Public Service Law) or specially franchised local operation
to provide services which may include, but are not limited to, cable
television, electric, gas, telephone, sewer or water. These structures
may include, but are not limited to, electric transformer substations,
gas pipe lines, electric transmission lines, sewer or water pump stations
and water towers.
[Added 11-9-1995 by L.L. No. 2-1995]
A lot or land or part thereof used for the purpose of extracting
and/or removing stone, sand, gravel or topsoil for sale, as an industrial
operation, and exclusive of the process of grading a lot preparatory
to the construction of a building for which a building permit has
been issued.
A private, noncommercial structure for radio transmission
or reception and for television reception.
[Added 11-9-1995 by L.L. No. 2-1995]
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.
A building for experimentation in pure or applied research
design, development and production of prototype machines or devices
or of new products and uses typically accessory thereto.
For purposes of this chapter, all zoning districts except
RC shall be considered "residential."
Any private or public tract of land and related facilities
not owned by the Town of Stanford, other than golf courses or public
parks, used for either passive recreation, such as, but not limited
to, nature walks, campsites, outdoor museums or active recreation,
such as, but not limited to, ball fields, ski and sledding areas,
tennis courts, swimming pools or ice skating areas.
[Amended 7-8-1999 by L.L. No. 2-1999]
A place licensed by the Dutchess County Health Department
for the preparation, the serving and, except for exclusively drive-in
establishments, the on-premises consumption of food and beverages
by patrons.
A structure where products grown on the premises or elsewhere
by the operator of the "roadside stand" may be sold and purchased.
A building or buildings containing individual storage spaces
of varying sizes that are available for lease or rent.
[Added 4-14-2005 by L.L. No. 2-2005]
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 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, for purposes of this chapter, a "sign" shall not
include any display of official court or public office notices; any
official traffic control device; the flag, emblem or insignia of a
nation, political unit, school or religious group; or a single private
residential identity sign denoting the name and address of the occupants
of the residential premises.
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.
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.
The distance from the mean ground level beneath the sign
to the highest point of the sign structure.
See definition of "sign, advertising."
A sign that advertises a nonexistent product, establishment
or event.
Any device on wheels or a stand that is designed to be easily
moved, the purpose of which is to display a sign.
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.
Only one face of a sign shall be counted in computing the area, provided
that there is identical copy on both sign faces.
A sign attached directly to or painted directly on 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 VII of this chapter.
A use which is deemed permissible within a given zoning district or districts but which may exhibit characteristics or create impacts incompatible with other uses provided therein. The special use shall, therefore, be subject to approval by the Planning Board in accordance with the conditions set forth for such use, as well as the applicable procedure specified in Article VI of this chapter.
That part of a building included between any floor, other
than a cellar floor, and the floor or roof next above.
A public or private right-of-way which provides vehicular
access to abutting properties, which, even if a private right-of-way,
may not be less than 15 feet in width to constitute access under § 280-a
of the Town Law.
The dividing line between a lot and a street right-of-way,
as indicated by dedication or deed of record.
A static construction or an 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,
tennis courts, gasoline pumps, billboards, signs and mobile dwellings.
"Structures" shall not include utility poles, wire and related equipment.
The division of any parcel of land into two or more lots,
plots or sites or other division of land for the purpose, whether
immediate or future, of lot line alteration; transfer of ownership;
lease for other than recreation, conservation or agricultural purposes;
or building development. Such division shall include resubdivision
of any parcel of land for which an approved plat has already been
filed in the office of the Dutchess County Clerk and which is entirely
or partially undeveloped.
A commercial or public utility structure principally intended
to support a system of electrical conductors that transmit or receive
radio frequency waves.
[Added 11-9-1995 by L.L. No. 2-1995]
For the purposes of this chapter, a period of not more than
30 calendar days.
That New York State licensed professional engineer, either
employee or consultant, who shall be chosen by the Town Board, upon
recommendation of the Planning Board, to perform the duties of the
designated Town Engineer for purposes of this chapter.
The Town Law of the State of New York, Chapter 62 of the
Consolidated Laws.
The specific purpose for which land, a building or a building
group is designed, arranged or intended or for which it is or may
be occupied or maintained. See related definitions of "accessory use,"
"nonconforming use," "principal use" and "prohibited use."
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.
A structure of wood, stone or other materials or combination
thereof intended for defense, security, screening or enclosure or
for the retention of earth, stone, fill or other materials as in the
cases of retaining walls of bulkheads.
Warehouse or wholesale distribution and sales facility.
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 or principal building on the lot lines, the
depth of which yard is the minimum horizontal distance between the
street line and the main or principal building on the lot.
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.
