Word usage. Words used in the present tense include the future; the singular number includes the plural and the plural, the singular; the word "person" includes a corporation as well as an individual; the word "lot" includes the word "plot." The term "occupied" or "used," as applied to any building, shall be construed as though followed by the words "or intended, arranged or designed to be occupied or used."
Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings herein indicated:
- ABANDONED GASOLINE SERVICE FACILITY
- A gasoline service facility where there has been no continuous business operation for a six-month period. The six-month period shall be measured from the first day of written notice by registered mail, return receipt requested, to the owner, lessee and motor fuel supplier, of nonuse as documented by the Town Building Inspector.
- A building or use clearly incidental or subordinate to, and customary in connection with, the principal building or use on the same lot.
- ACCOMMODATION UNIT
- Each bed, bunk, cot or other arrangement for sleeping by a single person or family.
- AGRICULTURE OR HORTICULTURE
- The cultivation of soil for food products or other or useful or valuable growths in the field or garden, exclusive of facilities for display of products and marketing on the premises, whether wholesale or resale. "Agriculture" shall be deemed to also include poultry or livestock production or breeding and the raising of cattle for the purpose of milk production.
- AGRICULTURE OPERATION, CLASS I
- An agricultural operation, the products of which do not exceed a value of $10,000 per annum and are distributed in local rather than regional commerce.
- AGRICULTURE OPERATION, CLASS IL
- An agricultural operation, commonly referred to as an "industrial farm," whose annual value of crops exceeds $10,000 and whose crops are distributed both in local and regional commerce.
- A change or rearrangement in the structural parts of a building or an enlargement, whether by extending to a side or by increasing the height.
- ANIMAL KENNEL
- Any building, structure or premises in which animals are kept, boarded or trained.
- A story in a building, the structural ceiling level of which is four feet or more above the average level of finished grade where such grade abuts that exterior wall of such building which fronts on any street, and the floor level of which is below finished grade at any point on the periphery of the building.
- A sign, including the type commonly known as a "billboard," 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.
- BOARDER OR ROOMER, NONTRANSIENT
- A person normally occupying a lodging room as a place of residence, as defined by the United States Bureau of Census, whether or not for compensation.
- A building containing a single dwelling unit and lodging-rooms accommodating, for compensation, four or more persons who are not the keeper's family.
- Any combination of materials forming any construction, except where entirely underground so as to permit the use of the ground above same as if no building were present; the term "building" shall include the term "structure" as well as the following:
- (1) Signs.
- (2) Fences.
- (3) Walls, other than retaining walls projecting above the ground not more than three feet at the higher ground level and not more than 6 1/2 feet at the lower ground level.
- (4) Radio and television receiving and transmitting towers and antennae, except for such antennae installed on the roof of a "building" and extending not more than 20 feet above the highest level of the roof of such "building."
- (5) Porches, outdoor bins and other similar structures.
- One or more temporary or permanent tents, buildings or structures, together with the lot or tract of land appertaining thereto, established or maintained as living quarters for temporary occupancy and normally not arranged or intended for such occupancy except during the period or part of the period from April 1 to October 1 in any year.
- Any space in a building, the structural ceiling level of which is less than four feet above the average finished grade where such grade abuts that exterior wall of such building which fronts on any street. A cellar shall not be considered in determining the permissible number of stories.
- CLUBHOUSE or LODGE
- A building, structure, lot or land area used as a private club or social organization with annual membership dues and not conducted for profit or gain.
- CLUSTER DEVELOPMENT
- A subdivision plat or plats in which the Zoning Law is modified
to provide an alternative permitted method for the layout, configuration
and design of lots, buildings and structures, roads, utility lines
and other infrastructure, parks and landscaping in order to preserve
the natural and scenic qualities of open lands.[Added 5-18-1998 by L.L. No. 2-1998]
- COMMERCIAL RECREATION FACILITY
- Any recreational facility in private ownership requiring compensation or admission fees for the use thereof, other than accessory to single-family residential uses.
- CONVALESCENCE FACILITY
- A building facility utilized for the purpose of aiding or assisting the recovery of health and/or rehabilitation following sickness.
- COURT, INNER AND OUTER
- Any unobstructed open area bounded on three or more sides by the walls of a building or buildings, not including any such area with no windows opening upon it except windows on a stairway. An "inner court" does not extend to a street or yard; an "outer court" extends to a street or yard.
- COVERAGE, BUILDING
- The percentage of the area of the lot covered by a building or buildings.
- COVERAGE, DEVELOPMENT
- The percentage of a lot covered by buildings, parking areas, accessory structures and any impervious materials.
- CURB LEVEL
- The established elevation of the street grade at the point that is opposite the center of the wall nearest to and facing the street line.
- DOMESTIC ANIMALS
- Various species of animals, such as cats, dogs, hamsters and the like, which are normally and conventionally boarded in residential dwellings or adjacent thereto.
- Any area, lot or parcel for the storage or abandonment of refuse.
- DWELLING, ATTACHED
- A building containing three or more dwelling units, none of which have common floor or ceilings between units, and which have one or more party walls.
- DWELLING, ONE-FAMILY
- A detached building containing one dwelling unit only.
- DWELLING, TOWNHOUSE
- A one-family dwelling with two common or party walls separating it from adjacent units on both sides.
- DWELLING, TWO-FAMILY
- A detached building containing two dwelling units only.
- DWELLING UNIT
- A building or entirely self-contained portion thereof containing complete housekeeping facilities for only one family, including any domestic servants employed on the premises, 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 house trailer, boarding- or rooming house, convalescent home, 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.
- ESSENTIAL SERVICES
- The erection, construction, alteration or maintenance by
public utilities or municipal or other governmental agencies or regulated
private companies of underground, surface or overhead gas, electrical,
steam or water transmission systems, including poles, wires, mains,
drains, sewers, pipes, conduits, fire alarm boxes, police call boxes,
traffic signals, light stations, telephone lines, antennas and transmission
towers, hydrants or other similar equipment and accessories herewith,
reasonably necessary for provision of adequate service by such public
utility or municipal or other governmental agencies or regulated private
company for the public health, safety or general welfare.[Amended 1-25-1989 by L.L. No. 1-1989]
- EXTERIOR ARCHITECTURAL FEATURE
- The architectural style and general arrangement of such portion of the exterior of a structure as is designed to be open to view from a public way, including kind, color and texture of building materials and type of all windows, doors, lights, signs and other fixtures appurtenant to such portion.
- One or more persons occupying a dwelling unit as a single nonprofit housekeeping unit. More than five persons not related by blood, marriage or adoption, exclusive of domestic servants, shall not be considered to constitute a family.
- FLOOR AREA
- The sum of the gross horizontal areas of the several floors of the building or buildings on a lot, measured from the exterior faces of exterior walls or from the center line of party walls separating two buildings, excluding cellar and basement areas used only for storage or for the operation and maintenance of the building.
- FLOOR AREA, LIVABLE
- All spaces within the exterior walls of a dwelling unit, exclusive of garages, breezeways, unheated porches, cellars, heater rooms and basements having a window area of less than 10% of the square-foot area of the room. Usable floor area shall include all spaces not otherwise excluded above, such as principal rooms, utility rooms, bathrooms, all closets and hallways opening directly into any rooms within the dwelling unit and all attic space having a clear height of six feet from finished floor level to pitch of roof rafter, with a clear height of seven feet six inches from finished floor level to ceiling level over 50% of the area of such attic space.
- FLOOR AREA RATIO
- The floor area, in square feet, of all buildings on a lot divided by the area of such lot, in square feet.
- GARAGE, PRIVATE
- An enclosed space for the storage of one or more motor vehicles, provided that no business, occupation or service is conducted for profit therein nor space therein for more than one car is leased to a nonresident of the premises.
- GARAGE, REPAIR
- Any garage other than a private garage, available to the public and operated for gain and which is used for storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles.
- GASOLINE SALES OUTLET
- A building or other structure where the sale of gasoline is accessory and clearly incidental to a principal retail and service use.
- GASOLINE SELF-SERVICE STATION
- A building, structure or tract of land used or heretofore used primarily for the dispensing of gasoline by means of a qualified attendant controlling an approved console regulating the flow of gasoline into fixed and approved dispensing equipment thereafter to be operated by the customer. This operation may include facilities for the sale of other retail products as well.
- GASOLINE SERVICE COMBINATION CAR WASH FACILITY
- A gasoline service station or gasoline self-service station used in conjunction with a tunnel- and/or bay-type structure designed primarily for the washing and/or cleaning of motor vehicles, either on an assembly line basis or utilizing manual labor.
- GASOLINE SERVICE FACILITIES
- Gasoline service stations, gasoline sales outlets, gasoline self-service stations and gasoline service combination car wash facilities.
- GASOLINE SERVICE STATION
- A building or other structure or a tract of land used or heretofore used primarily for the servicing of motor vehicles. It shall signify a retail place of business engaged primarily in the sale of motor fuels and also in supplying goods and services generally required in the operation and maintenance of motor vehicles, including the sale of petroleum products; sale and servicing of tires, batteries, automotive accessories and replacement items; washing and lubrication services; and the performance of routine automotive maintenance and repairs.
- The vertical distance, measured from the average elevation of the finished grade along the side of the structure fronting on the nearest street, to the highest point of such structure, excluding a chimney.
- HOME OCCUPATION
- Any gainful personal service occupation customarily conducted within a dwelling for living purposes which does not change the character of the structure as a residence. Said activity shall not occupy more than 1/2 of the ground floor area of the dwelling or its equivalent elsewhere in the dwelling if so used. Permissible "home occupations" include but are not limited to the following: art studio; dressmaking; and teaching, with musical, dancing and other instruction limited to teaching one pupil at a time. However, "home occupations" shall not be construed to include uses such as the following: clinic or hospital, restaurant or animal hospital. "Home occupations" shall be limited to occupations conducted by family residents only. No display of advertising, other than a small nameplate, and no display of products shall be visible from the street.
- HOME PROFESSIONAL OFFICE
- Any gainful service occupation customarily conducted within a dwelling by its residents, clearly secondary to the use of the dwelling for living purposes and which does not change the character of the structure as a residence. Said activity shall not occupy more than 1/2 of the ground floor area of the dwelling or its equivalent elsewhere in the dwelling if so used. Permissible "home professional offices" include but are not limited to the following: offices of a clergyman, lawyer, physician, dentist, architect, engineer or accountant; and other instruction limited to teaching of music, dancing and the like. Said activity shall have no partner or associate in the practice of such profession, employ no more than two persons and create no public nuisance. At all premises wherein "home professional offices' are maintained, the following parking requirements shall be satisfied, in addition to those required by this chapter if no such home professional office were maintained: four parking spaces for the principal practitioner plus one space for each employee and/or one space for each 100 square feet of floor space used for the conduct of the "home professional office," including offices, work space and waiting rooms.
- A building used for the diagnosis, treatment or other care of human ailments, unless otherwise specified. A "hospital" shall be deemed to include a sanitarium, clinic, convalescent home, nursing home, rest home or other building with an equivalent appellation.
- A building or buildings containing accommodation units for housing transient guests for compensation.
- Any area of land, including buildings thereon, which is used primarily for the collecting, storage and/or sale of wastepaper, rags, scrap metal or discarded material or for the collecting, dismantling, storage or salvaging of machinery or vehicles not in running condition, and for the sale of parts thereof. Two or more motor vehicles stored outside without current license plates for a period of 30 days shall constitute a "junkyard."
- K FACTOR
- A numerical value representing the resistance of soil to erosive forces, as utilized in the Universal Soil Loss Equation of the United States Department of Agriculture Soil Conservation Service.
- A building for experimentation in pure or applied research, design, development and production of prototype machines or of new products, and uses accessory thereto, wherein products are not manufactured primarily for wholesale or retail sale, wherein commercial servicing or repair of commercial products is not performed and wherein there is no display of any material or products. A laboratory" shall meet the same performance standards as a nonnuisance industry.
- LIQUID, CLASS I
- Gasoline, oil and other petroleum products which have a flash point below 100° F., to be dispensed through gasoline service facilites.
- Animals, including but not limited to domestic animals, such as sheep, horses, cattle and goats.
- LOCAL ROAD
- A road serving primarily to provide frontage and access for local development rather than through traffic, as determined by the Planning Board or as designated as a "local road" on the Official Map of the Town of Tuxedo, if such exists.
- Any parcel of land, not necessarily coincident with a "lot"
or "lots" shown on a map of record, which is occupied or which is
to be occupied by a building and its accessory buildings, if any,
or by a group of buildings, together with the required open spaces
appurtenant to such building or group of buildings.[Amended 8-11-1976 by L.L. No. 3-1976]
- LOT, CORNER
- A lot at the junction of and abutting on two or more intersecting streets where the interior angle of intersection does not exceed 135°. A lot abutting a curved street shall be deemed a "corner lot" if the tangents to the curve at the points of intersection of the side lot lines with the street lines intersect at an interior angle of less than 135°.
- LOT DEPTH
- The minimum distance from the street line of a lot to the rear lot line of such lot.
- LOT LINE
- Any boundary of a lot other than a street line.
- LOT LINE, REAR
- The 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, not less than 10 feet long, parallel to the front lot line, lying farthest from the front lot line.
- LOT WIDTH
- The average distance between side lot lines taken at the front yard or building line and measured at right angles to the side lot lines or along a parallel to the street.
- LS VALUE
- A numerical value representing the effect of the slope and length of slope on the erodibility of soils, as utilized in the Universal Soil Loss Equation of the United States Department of Agriculture, Soil Conservation Service.
- MAIN FLOOR
- The largest area found by the projection of a horizontal plane through the livable floor area which is enclosed by the exterior walls of the building.
- MANUFACTURING, LIGHT
- Any process whereby the nature, size or shape of articles or raw materials is changed, or where articles are assembled such that no chemical or compressive processes are required and whose finished size does not exceed 40 cubic feet or weigh in excess of 2,000 pounds per unit.
- MEDICAL AND DENTAL CLINIC
- Any facility in which two or more physicians and or dentists practice cooperatively for the diagnosis and treatment of patients.
- MOTOR LODGE
- Any establishment consisting of a building or group of buildings providing living and/or sleeping accommodations with individual bathrooms, designed for use by transient automobile travelers and provided with accessory off-street parking areas. The term "motor lodge" includes buildings designated as tourist courts, overnight cabins and other similar appellations, but shall not be construed to include mobile or immobile trailers.
- MULTIPLE-RESIDENCE DEVELOPMENT
- An arrangement of a building or buildings, the occupancy of which is intended for three or more families living independently of each other in separate dwelling units with a floor or ceiling common to other dwelling units.
- NET DEVELOPABLE AREA
- The gross area of a tract of land, excluding land underwater for 12 months of the year and any land encumbered by easements or other restrictions preventing use of such land for construction of buildings or development.
- NONCOMPLYING BUILDING
- A structure lawfully existing at the effective date of this chapter or any amendment thereto affecting such structure, which structure does not conform to the building regulations of this chapter for the district in which it is situated, irrespective of the use to which such structure is put.
- NONCONFORMING USE
- Any use of a building or structure, lot or land, or part thereof, lawfully existing at the effective date of this chapter or any amendments thereto affecting such use, which use does not conform to the use regulations of this chapter for the district in which it is located.
- OFFICIAL MAP
- The Official Map, adopted and established by the Town Board, of that part of the Town outside of the limits of any incorporated village, showing the streets, highways, parks and drainage systems laid out on such map, including any references to more detailed maps and studies. The "Official Map" is final and conclusive with respect to the location and width of streets, highways, drainage systems and parks shown thereon; and the "Official Map" is hereby declared to be established to conserve and protect the public health, safety and general welfare.
- OWNERSHIP, SAME
- Includes all vested or contingent interests of any person or his agent, representative, successor or assignee, irrespective of whether or not such interest be recorded, in the following circumstances:
- (1) Direct ownership by such person, or his or her child, parent, sibling or spouse of sibling, heir or next of kin or agent, corporation, firm, entity, partnership or unincorporated association.
- (2) Property owned by different corporations, firms, partnerships, entities or unincorporated associations in which such a person is a stockholder, a partner or associate, or his or her child, parent, sibling or spouse of sibling, heir or next of kin owns an interest of 10% or greater in each corporation, firm, partnership, entity or unincorporated association.
- (3) When such person or his estate, successors or assigns or any person or entity included in Subsections (1) and (2) herein may be materially or substantively affected by the relief sought or by any determination made in any proceeding sought before any board, body, commission or agency of the Town of Tuxedo, whether or not such person be a party to such application or proceeding and whether or not such person appears on the record of such proceeding.
- PARKING AREA
- A lot or part thereof used for the storage or parking of motor vehicles, with or without the payment of rent or charges in money and/or other consideration.
- PARKING SPACE
- A stall or berth which is arranged and intended for the parking of one motor vehicle in a garage or parking area.
- Any individual, firm, company, association, society, corporation or group.
- PERSONAL SERVICE SHOP
- Any commercial facility in which the product offered is the work or action performed, as in shoe repair shops and typewriter repair facilities.
- PRINCIPAL BUILDING
- A building in which is conducted the main or principal use of the lot on which said building is located. Where more than one use is on a lot, the lower or more intense use of the lot shall be considered the principal use.
- PRIVATE STABLE or RIDING ACADEMY
- 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.
- PUBLIC UTILITY SERVICES
- A use necessary for the safe and efficient operation of a
gas, water, communication, electric or sewage disposal system for
the benefit of the public.[Added 1-25-1989 by L.L. No. 1-1989]
- PUBLIC WATER or PUBLIC SEWER
- Sewage disposal and water supply systems approved by the Town Board as acceptable for municipal operation.
- QUARRY or QUARRYING OPERATION
- Any place where stone, sand, gravel, minerals or other natural material, except topsoil, is removed for the purpose of sale or any other commercial purpose other than such as may be incidental to excavating or regrading in connection with or in anticipation of building development or landscaping on the site.
- RESIDENTIAL DENSITY FACTOR
- A numerical value assigned to residential zone districts controlling the total number of dwelling units for any residential development.
- SCHOOL OF SPECIAL INSTRUCTION
- Any nonpublic school conducting a regularly scheduled comprehensive curriculum of study and operated by a nonstock corporation under the Education Law of the State of New York.
- SENIOR CARE FACILITIES
- A facility established and operated for the purpose of providing
residential housing to senior citizens aged 55 years and older in
community-integrated settings with independent living facilities and
supportive services, such as meals, housekeeping, social activities,
transportation, emergency response and resident advisory services.[Added 12-22-1997 by L.L. No. 8-1997]
- SOCIAL CENTER (VISITOR CENTER or RECREATION CENTER)
- An arrangement of activities and areas for informal education and entertainment, consisting of permanent structures and facilities on landscaped grounds. Such centers may include gardens, arboretums, conference and banquet halls, hiking and nature trails, ski runs, sports and recreational areas and facilities, picnicking grounds, zoos (other than open preserves or reservations), concert facilities and show stages of a permanent type. Specifically excluded are rides and games associated with amusement park uses, carnival shows, roller coasters or so-called "thrill rides," flea market sales or sports involving the discharge of firearms or similar devices. Uses not specified herein but having the same characteristics may be permitted by the Board of Appeals.
- SOLID WASTE
- Useless, unwanted or discarded material with insufficient liquid content to be free flowing.
- That part of any building, exclusive of cellars but inclusive of basements, comprised between the level of one finished floor and the level of the next higher finished floor, or if there be no higher finished floor, then that part of the building comprised between the level of the highest finished floor and the top of the roof beams.
- A street, improved to the satisfaction of the Planning Board, which is one of the following:
- (1) An existing Town, county or state highway or street.
- (2) A street shown on an approved subdivision final plat.
- (3) A street shown on a map filed with the County Clerk, in accordance with § 280-a of the Town Law, prior to Planning Board authorization to review subdivisions.
- (4) A street shown on the Official Map of the Town.
- STREET LINE
- The line between the street and a lot or a line established by the Official Map as the street right-of-way, whether or not in public ownership.
- STRUCTURAL ALTERATION
- Any change in the supporting members of a building, such as beams, columns or girders.
- A combination of materials to form a construction that is safe and stable, including, among other things, stadiums, platforms, radio towers, sheds, storage bins, billboards and display signs.
- SUMMER COTTAGE OR BUNGALOW
- A single-family detached dwelling which is arranged, designed and intended to be used or occupied only during the period or part of the period from April 1 to December 1 in any year.
- SWIMMING POOL, PRIVATE
- Any constructed body of water or structure to contain water, and any accessory buildings or equipment pertaining thereto, used or intended to be used for swimming or bathing by any family or persons residing on the premises and their guests. It shall not be operated for gain and shall be located on a lot only as an accessory use to the dwelling or dwellings thereon, to a membership club or to a motel or hotel.
- SWIMMING POOL, PUBLIC
- Any constructed body of water or structure to contain water, and any accessory buildings or equipment pertaining thereto, which is operated for profit or gain and is used or intended to be used for swimming or bathing by persons who pay admission on a daily, weekly or other basis, including season tickets.
- TOPOGRAPHICAL ALTERATION
- Any change in the configuration of a surface area, including its relief, relative elevations and position of natural or man-made features, except those changes incidental to or normally part of agricultural operations or home gardening. In all cases, removal of trees over eight inches in diameter measured three feet above the crown shall be considered a "topographical alteration."
- TOWN ATTORNEY
- The duly designated attorney or legal advisor of the Town of Tuxedo.
- Any vehicle mounted on or capable of being mounted on wheels,
movable either by its own power or by being drawn by another vehicle,
and including those vehicles equipped to be used for living, sleeping
quarters or so as to permit cooking; or capable of use for living,
sleeping quarters or so as to permit cooking; or equipped to be used
for offices, storage or other commercial use. The term "trailer" shall
also include vehicles, if mounted on temporary or permanent foundations
with the wheels removed.[Amended 5-24-1989 by L.L. No. 4-1989]
- TRAILER COURT
- Any premises or portion of premises upon which more than three trailers capable of being occupied for living or sleeping purposes are located, whether owned by the owner of said premises or by others, or which is held out to the public as a parking space for more than three trailers.
- TRAILER SALES LOT
- Any premises upon which trailers are placed for purposes of display or for sale.
- USABLE OPEN SPACE
- 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 buildings on the said lot for purposes of active or passive outdoor recreation.
- The specific purpose for which land or a building is used or a building is used or occupied or maintained.
- USE, ACCESSORY
- A use customarily incidental and subordinate to the main use on a lot, whether such "accessory use" be conducted in a principal or accessory building.
- YARD, FRONT
- An unoccupied ground area fully open to the sky between the street line, or the street line established by the Official Map of the Town or an approved subdivision plat, and a line drawn parallel thereto.
- YARD, LINE
- A line drawn parallel to a street or lot line at a distance therefrom equal to the representative yard dimension required by this chapter.
- YARD, REAR
- An unoccupied ground area fully open to the sky between the rear lot line and a line drawn parallel thereto.
- YARD, SIDE
- An unoccupied ground area fully open to the sky between any property line, other than a street or rear lot line, and a line drawn parallel thereto between the front and rear yards.
Editor's Note: Originally the term defined was "ordinance," but that term was changed to "chapter" during codification in keeping with the general terminology change of "ordinance" or "local law" to "chapter" to indicate the inclusion of the Zoning Law as a chapter in the Code of the Town of Tuxedo.
Editor’s Note: The former definitions of “sign,” “sign area” and “sign wall area,” which immediately followed this definition, were repealed 10-13-2009 by L.L. No. 5-2011.