A. 
Except where specifically defined herein, all words used in this chapter shall carry their customary meanings. Words used in the present tense shall include the future. Words used in the singular number include the plural, and words used in the plural number include the singular, unless the context clearly indicates the contrary. The word "shall" is always mandatory. The word "may" is permissive. "Building" or "structure" includes any part thereof. The word "lot" includes the word "plot" or "parcel." The word "person" includes an individual person, a firm, a corporation, a partnership, and any other agency of voluntary action. The word "he" shall include "she" or "they." The phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for," and "occupied for."
B. 
In § 121-74, where two words are separated by a slash mark (/), they shall have the same meaning.
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY APARTMENT
A dwelling unit occupying the lesser of 1,000 square feet or 30% of the floor space of an owner-occupied structure containing a principal use that is single-family residential or nonresidential, or a dwelling unit no larger than 1,000 square feet located in an accessory structure on an owner-occupied property.
ACCESSORY STRUCTURE
A structure detached from and subordinate to a principal building on the same lot and used for purposes customarily incidental to those of the principal building or use, including accessory apartments.
ACCESSORY USE
A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.
ADULT USE
A bookstore, video store, nightclub, movie theater, retail store, or other establishment which prominently features entertainment or materials with sexually explicit content. An establishment which sells such materials as an incidental part of its business or which presents such material or entertainment primarily as a form of legitimate artistic expression shall not be considered an adult use.
AGRICULTURAL DATA STATEMENT
An identification of farm operations within an agricultural district located within 500 feet of the boundary of property upon which a subdivision is proposed, as provided in § 305-a of the Agriculture and Markets Law. An agricultural data statement shall include the following information: the name and address of the applicant; a description of the proposed project and its location; the name and address of any owner of land within the agricultural district, which land contains farm operations and is located within 500 feet of the boundary of the property upon which the project is proposed; and a Tax Map or other map showing the site of the proposed project relative to the location of farm operations identified in the agricultural data statement.
AGRICULTURE
The commercial use of land and structures for the production, preservation, nonindustrial processing, storage and sale of agricultural commodities such as crops, plants, flowers, vines, trees, sod, shrubs, livestock, honey, Christmas trees, compost, poultry or dairy products, not including agricultural industry or farms primarily for the disposal of offal or garbage. Commercial horse boarding operations, as defined herein, and the raising or breeding of horses are agricultural uses, distinguished from the business use of teaching or training people to ride a horse. (See "riding academy.") A produce sales facility not exceeding 800 square feet in footprint area and a riding academy operated in conjunction with a farm operation (as defined herein) shall be deemed to be agricultural accessory uses. Agricultural activities on residential parcels of less than seven acres shall be deemed to be not agriculture but a residential accessory use.
ALTERATION
As applied to a structure, a change to or rearrangement of the structural parts or exterior appearance of such structure, or any expansion thereof, whether by extension of any side or by any increase in height, or the moving of such structure from one location to another.
APPLICANT
Any person, corporation, or other entity applying for a building permit, certificate of occupancy, special permit, site plan or subdivision approval, variance, or zoning amendment.
ASSISTED LIVING FACILITY
A residential care facility providing residential units accompanied by services for housekeeping, personal care, recreation, and food.
AUTOMOBILE SERVICE STATION
Any area of land, including structures thereon, that is used or designed to be used for the supply of gasoline or oil or other fuel for the propulsion of motor vehicles, and which may include facilities used or designed to be used for polishing, greasing, washing, spraying, dry cleaning, or otherwise cleaning, servicing, or repairing such motor vehicles, including auto body shops.
BED-AND-BREAKFAST
A dwelling in which overnight accommodations not exceeding five bedrooms and breakfast are provided for transient guests for compensation. A bed-and-breakfast must be the primary residence of the owner/proprietor.
BUILDABLE LAND
That portion of a lot which is suitable for building structures and locating septic disposal facilities, i.e., all land excluding wetlands and watercourses, slopes exceeding 30%, and flood hazard areas as mapped on the Federal Emergency Management Agency's Flood Insurance Rate Map.
BUILDING
A structure having a roof supported by columns or walls for the shelter, support, or enclosure of persons, animals, or property.
BUILDING HEIGHT
The vertical distance measured from the average elevation of the finished lot grade at the front of the building to the highest point of the ceiling of the top story in the case of a flat roof; to the deckline of mansard roof; and to the mean height level between the eaves and ridge of a gable, hip or gambrel roof.
BUILDING, PRINCIPAL
A building or structure in which is conducted the main or principal use of the lot on which it is located.
CAMP
Any area of land containing recreation facilities as well as more than four cabins, tent sites, recreational travel vehicles, shelters, or accommodations used for what is commonly known as "overnight camp" or "day camp" purposes or otherwise designed for seasonal or other temporary recreational and living purposes occupied by adults, children, or any combination of individuals, families, or groups. This definition shall not apply to the recreational use of private property for personal use by owners, lessees, or their guests, which shall be considered to be an accessory use to a residence or a recreational business.
CEMETERY
Land used or intended to be used for the burial of dead human beings and dedicated for such purpose, including columbariums, mausoleums, and mortuaries when operated as part of a cemetery and within its boundaries, but excluding crematoria.
CHANGE OF USE
The initiation of a use that is in a different use category, as listed on the Use Table, from the existing use of the site or structure. A change of ownership, tenancy, or occupancy, or a change from one use to another within the same category on the Use Table, shall not be considered a change of use. See § 121-10F.[1]
CHARITABLE ORGANIZATION
A not-for-profit corporation or association organized for charitable purposes, including but not limited to education, social welfare, environmental conservation, scientific research, cultural enrichment, and the arts.
CLEAR-CUTTING
Any cutting of all or substantially all trees over six inches in diameter at breast height over more than 2,000 square feet of land area.
CLUB, MEMBERSHIP
Premises used by an organization catering exclusively to members and their guests for social, recreational, athletic, or similar purposes, including shooting preserves licensed pursuant to Environmental Conservation Law § 11-1903 that are organized as membership clubs.
CODE ENFORCEMENT OFFICIAL
The Town official charged with the administration and enforcement of this chapter and/or Chapter 63, entitled "Fire Prevention and Building Code Administration,"[2] of the Amenia Town Code, regardless of whether or not such official has obtained certification from New York State as a code enforcement officer in connection with Building Code enforcement. In this chapter, the Code Enforcement Official is also referred to as the Zoning Administrator or Building Inspector, depending upon the context. The enforcement of this chapter is the responsibility of the Zoning Administrator, who shall review all building permit applications for compliance with this chapter. The Building Inspector is charged with enforcing Chapter 63 of the Amenia Town Code.
CO-LOCATION
The addition of commercial communications equipment to any existing or approved telecommunications tower or tall structure by any persons, corporations, firms, associations or entities.
COMMON DRIVEWAY
A driveway serving no more than four lots, owned in common or created by reciprocal easements.
COMPLETE APPLICATION
An application for a special permit, site plan, or subdivision approval, zoning amendment, or variance, found by the reviewing board to satisfy all information requirements of this chapter and of the New York State Environmental Quality Review Act, for which either a negative declaration has been issued or a draft environmental impact statement has been accepted as satisfactory pursuant to 6 NYCRR 617.8(b)(1).
COMPREHENSIVE PLAN
The Comprehensive Plan or Master Plan adopted by the Town Board for the future preservation and development of the Town of Amenia pursuant to § 272-a of the Town Law, including any part of such plan separately adopted and any update or amendment to such plan.
CONDOMINIUM
A system of ownership of dwelling units, either attached or detached, established pursuant to the Condominium Act of the State of New York (Article 9-B of the Real Property Law), in which the apartments or dwelling units are individually owned.
CONFORMITY/CONFORMING
Complying with the use, density, dimensional, and other standards of this chapter or permitted to deviate therefrom by special permit, site plan approval, or variance.
CONSERVATION EASEMENT
A perpetual restriction on the use of land, created in accordance with the provisions of Article 49, Title 3, of the Environmental Conservation Law or § 247 of the General Municipal Law, for the purposes of conservation of open space, agricultural land, and natural, cultural, historic, and scenic resources.
CONSTRUCTION TRAILER
A mobile home unit used for nonresidential purposes associated with on-site construction.
CONVENTIONAL SUBDIVISION
A land subdivision that complies with the minimum lot size requirements shown on the Dimensional Table[3] and does not set aside land as permanently protected open space.
CORNER LOT
See "lot, corner."
CRAFT WORKSHOP
A place where artists, artisans, craftsmen, and other skilled tradespeople produce custom-made art or craft products, including but not limited to baskets, cabinets, ceramics, clothing, flower arrangements, jewelry, metalwork, musical instruments, paintings, pottery, sculpture, toys, and weaving. A craft workshop with more than six regular full-time equivalent employees or other staff is considered to be "light industry."
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to construction or alteration of buildings or other structures, as well as clear-cutting, mining, dredging, filling, paving, excavations, or drilling operations.
DRIVEWAY
A private way providing vehicular access from a public or private road to a residence or to a commercial or noncommercial establishment.
DWELLING
A building designed or used exclusively as living quarters for one or more families.
DWELLING, MULTIFAMILY
A building containing separate living units for three or more families, including apartment buildings, rowhouses, townhouses, regardless of the form of ownership (condominium, fee simple, rental).
DWELLING, SINGLE-FAMILY
A detached building designed for the use of one family, in which not more than three boarders are sheltered and/or fed for compensation.
DWELLING, TWO-FAMILY
A detached building containing two dwelling units.
DWELLING UNIT
A building or portion thereof providing complete housekeeping facilities for one family.
EQUIPMENT SHELTER
An enclosed structure, cabinet, shed or box at the base of the mount within which are housed the electronic receiving and relay equipment for a wireless telecommunications facility. Associated equipment may include air conditioning and emergency generators. This term does not include offices, long-term storage of vehicles or other equipment storage or broadcast studios.
EROSION
The detachment and movement of soil or rock fragments by water, wind, ice, or gravity.
FAMILY
One or more persons living together as a single nonprofit housekeeping unit, using all rooms and housekeeping facilities of a dwelling unit in common and doing their cooking on the premises, as distinguished from a group occupying a boardinghouse or rooming house or lodging facility.
FARM OPERATION
Land used in agricultural production, farm buildings, equipment, and farm residential buildings.
FENCE
A hedge, structure or partition erected for the purpose of enclosing a piece of land or to divide a piece of land into distinct portions or to separate two contiguous properties.
FLOODPLAIN/ONE-HUNDRED-YEAR FLOODPLAIN
Land subject to a one-percent or greater chance of flooding in any given years, shown on the Zoning Map as the FPO District.[4]
FLOOR SPACE
The sum of the areas of habitable or commercially usable space on all floors of a structure, including the interior floor area of all rooms (including bathrooms and kitchens), closets, pantries, hallways that are part of a dwelling unit or inside a commercial building, including habitable finished basements but excluding cellars or unfinished basements.
FOOTPRINT
Area of the ground covered by a structure, including the foundation and all areas enclosed by exterior walls and footings and covered by roofing. In the case of party-wall buildings, each unit shall be considered a separate structure for purposes of measuring footprint area.
FORESTRY
Use or management, including commercial logging, of a forest, woodland, or tree plantation, and related research and educational activities, including the construction, alteration, or maintenance of roads, skidways, landings, fences, forest drainage systems, barns, sheds, garages, and research, educational, or administrative buildings or cabins directly and customarily associated with forestry use.
FRONT
The side of a building or structure parallel to and closest to a road or street. On a corner lot, both sides of a building facing the street shall be considered the front.
GAZEBO
An unenclosed structure not exceeding 12 feet in height without solid walls, screens, electricity, or plumbing.
GLARE
Spillover of artificial light beyond the area intended for illumination in a manner which either impairs vision or beams light onto adjoining properties or toward the sky.
GRADING
Any excavation, alteration of land contours, grubbing, filling, or stockpiling of earth materials.
HAZARDOUS SUBSTANCE/MATERIAL
Includes any of the following:
A. 
Petroleum.
B. 
Any substance or combination of substances designated as a hazardous substance under § 311 of the Federal Water Pollution Control Act (33 U.S.C. § 1321).
C. 
Any substance listed by the NYSDEC which, because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness, or pose a substantial present or potential hazard to human health or the environment when improperly stored or otherwise managed.
HAZARDOUS WASTE
All materials or chemicals listed as hazardous wastes pursuant to Article 27 of the Environmental Conservation Law (ECL), and all toxic pollutants as defined in Subdivision 19 of § 17-0105 of the ECL.
HEALTH CARE FACILITY
A hospital, nursing home, medical clinic, or office building for four or more doctors and other medical personnel.
HEAVY INDUSTRY
Manufacture, assembly, treatment, processing, or packaging of products in a manner that emits or is likely to emit objectionable levels of smoke, noise, dust, odor, glare, water pollution, or vibration beyond the property boundaries.
HOME OCCUPATION
An occupation, trade, profession, or other business activity resulting in a product or service for compensation, conducted wholly or partly in a dwelling unit or accessory structure.
HOTEL
See "lodging facility."
HOTEL-CONDOMINIUM
A lodging facility or a set of dwelling units used as lodging for transient occupancy and/or as part-time residences by owners, renters, or lodgers, whether in condominium, time-share, fractional, fee simple, single-owner, cooperative, or any other form of ownership. For purposes of this definition, 1) "transient occupancy" shall mean that the lodging facility and/or dwelling units are not occupied by any occupant for more than 48 days in any calendar year nor more than 15 continuous days; and 2) "part-time residences" shall mean that the lodging facility and/or dwelling units are not occupied by any occupant for more than 120 days in any calendar year nor more than 30 continuous days. For purposes of enforcement of these occupancy limitations, the Town may, in its discretion, require that compliance be established by annual certification provided by the owners of such units, the manager thereof, or any condominium or similar association for such units.
IMPERVIOUS/IMPERVIOUS SURFACE
Any roofed or other solid structure or material covering the ground through which water does not readily penetrate, including, but not limited to, concrete, oil and stone, tar or asphalt pavement, or compacted soil or gravel. Regardless of the construction materials, any area which is used for driveway or parking purposes, including disturbed grass, ground cover, or dirt, shall be considered impervious. A deck with spaced boards at least 1/8 inch apart, a swimming pool surface, and a patio with a permeable paving system shall not be considered impervious.
IMPERVIOUS/IMPERVIOUS SURFACE COVERAGE
The ratio between impervious surface and total land area of a lot expressed as the percentage of land covered by impervious surfaces.
INTERIOR ROAD
A road constructed off of an existing public street that provides access to the interior of a parcel.
JUNK
Any worn-out, cast-off, discarded, or neglected article or material which is ready for destruction or has been collected or stored for salvage, sale, or conversion to another use. "Junk" does not include any article or material which unaltered or unchanged and without further reconditioning can be used for its original purposes as readily as when new or any article stored for restoration or display as part of a bona fide hobby (such as antique automobiles, antique farm machinery, antique engines, special-interest automobiles, etc.).
JUNK CAR
Any vehicle not operable on the public highway system, unless such vehicle is an antique or special-interest automobile stored for restoration and/or display as part of a bona fide hobby.
JUNKYARD
The use of land outside a fully enclosed structure for the storage or collection of junk or junk cars.
KENNEL
Any establishment, including cages, dog runs and structures, wherein more than four dogs which are over six months of age are harbored, bred or boarded producing a gross income of $150 or more annually.
LIGHT INDUSTRY
Manufacture, assembly, treatment, processing, or packaging of products that does not emit objectionable levels of smoke, noise, dust, odor, glare, or vibration beyond the property boundaries.
LODGING FACILITY
Any hotel, motel, inn, hotel-condominium, or other establishment providing sleeping accommodations for transient occupants, with or without a dining room or restaurant, excluding bed-and-breakfast establishments.
LOT, CORNER
A lot at the junction of and abutting on two or more intersecting roads.
LOT LINES
The property lines that bound a lot as defined herein.
LOT OF RECORD
Any lot which has been established as such by plat, survey record, or deed prior to the date of this chapter as shown on the records in the Office of the County Clerk.
LOT or PARCEL
An area of land with definite boundaries, all parts of which are owned by the same person(s) or entities, the boundaries of which were established either by the filing of an approved subdivision plat or by the recording of a deed prior to the adoption of the Subdivision Regulations of the Town of Amenia on June 17, 1968.
LOT, REAR
A lot on which the buildable area is located generally to the rear of other lots having frontage on the same road as such lot and having access to the road via a strip of land that does not have the minimum road frontage ordinarily required in the land use district.
LOT, THROUGH
A lot which faces on two streets at opposite ends of the lot, which is not a corner lot.
MAJOR PROJECT
A proposed use that requires a special permit or site plan approval and that exceeds any of the thresholds for a minor project. See § 121-61.
MEMBERSHIP CLUB
See "club, membership."
MINOR PROJECT
A use or combination of uses on a lot or a series of adjoining lots that requires either site plan review or a special permit and that, over a three-year period, falls within the following thresholds:
A. 
Construction of four multifamily dwelling units or a lodging facility with six bedrooms.
B. 
Construction of facilities or structures for a nonresidential use covering 3,000 square feet of building footprint.
C. 
Alteration of existing structures or expansion of such structures by 1,000 square feet.
D. 
Conversion of existing structures totaling 5,000 square feet to another use.
E. 
Alteration and active use of 10,000 square feet of land, with or without structures (excluding soil mining).
F. 
Soil mining that does not require a DEC permit.
G. 
Construction of a structure that is 80 feet or higher above average grade level.
MIXED USE
Any combination of residential, commercial, or industrial uses on the same lot or in the same building.
MOBILE HOME
A transportable living unit used or designed to be used year round as a permanent residence and containing the same types of water supply, waste disposal, and electrical systems as immobile housing. Recreational vehicles designed to be driven or towed by an automobile or pickup truck, units designed for use principally as a temporary residence, or prefabricated, modular, or sectionalized houses transported to and completed on a site are not considered to be mobile homes.
MOBILE HOME PARK
Any court, park, place, lot, or parcel under single ownership which is improved for the placement of two or more mobile homes to be used as permanent residences.
MULTIFAMILY DWELLING
See "dwelling, multifamily."
MUNICIPAL USE
Any use conducted by the Town of Amenia or any department or agency of the Town of Amenia or any school district within the Town of Amenia.
NONCONFORMING LOT
A lot of record which does not comply with the area, shape, frontage, or locational provisions of this chapter for the district in which it is located.
NONCONFORMING STRUCTURE
A structure which does not satisfy the dimensional requirements of this chapter for the district in which it is located but which was not in violation of applicable requirements when constructed.
NONCONFORMING USE
Any use lawfully existing prior to and at the time of the adoption or amendment of this chapter or any preceding zoning law or ordinance, which use is not permitted by or does not conform with the permitted use provisions of this chapter for the district in which it is located. A preexisting lawful use which is allowed only by special permit under this chapter shall be considered a conforming use. (See Article VI.)
OFFICE
A business, professional, or nonprofit workplace in which manufacturing processes, retail sales, construction, and warehousing do not occur on the premises, including but not limited to professional offices for attorneys, accountants, health care practitioners, architects, engineers, surveyors, consultants, sales representatives, real estate brokers, and financial planners. "Office" also includes business offices that support or manage manufacturing, retailing, construction, and warehousing, as well as research laboratories and other facilities in which research activities are conducted.
OFFICIAL NEWSPAPER
The newspaper or newspapers designated by the Town for the publication of official notices of meetings and public hearings.
ONE-HUNDRED-YEAR FLOODPLAIN
See "floodplain."
OPEN SPACE
An area of land not developed with structures. (Permanent open space is defined and discussed in § 121-20.)
OPEN SPACE DEVELOPMENT
A type of development that gives landowners a variety of development options and results in the permanent preservation of open space land. Open space development includes the following options which are described in § 121-19: conservation subdivision, transfer of development rights, limited development subdivision, and flag lots.
OUTDOOR STORAGE AREA
Land used for the keeping of goods, wares, equipment, or supplies outside of a structure.
OVERLAY DISTRICT
A type of zoning district or zone that supplements the zoning regulations of the underlying land use district or districts to provide additional protection of important environmental resources and/or to permit certain types of economically productive uses that would not otherwise be allowed in a particular land use district. Overlay districts may overlap different land use districts, but they do not change the use and dimensional requirements of the underlying land use districts unless specifically so stated in this chapter.
PETROLEUM
Oil or petroleum of any kind and in any form including, but not limited to, oil, petroleum, fuel oil, oil sludge, oil refuse, oil mixed with other wastes and crude oils, gasoline and kerosene.
PLAT
A map or plan submitted to the Planning Board as part of an application for subdivision approval (see Subdivision Law).[5]
PLOT PLAN
A map or plan showing the boundaries of a parcel and all structures and important physical features on it, drawn to scale with accurate dimensions, and submitted with an application for a minor project special permit or a variance.
PREMISES
A lot, together with all the structures and uses thereon.
PRINCIPAL BUILDING
See "building, principal."
PRIVATE ROAD
A privately owned road held in common ownership or easement by a homeowners' association.
PUBLICLY ACCESSIBLE PLACE
Any land or structure that is open to the general public, such as a public road, park, public school, recreation area, conservation area, or place of public accommodation such as a restaurant or hotel, excluding private retail and service businesses, offices, and other private property which is open to the public.
PUBLIC UTILITY FACILITY
An installation used by a public agency or franchised public utility to supply or transmit electric, gas, water, cable television, telephone, or other utility service, excluding electric power plants and gas wells. Included are such facilities as electric substations, high-voltage transmission lines, pump stations, water supply wells, water towers, and telephone substations. Utility distribution facilities serving customers directly are considered customary accessory uses, not public utility facilities.
RADIATION
Ionizing radiation, that is, any alpha particle, beta particle, gamma ray, x-ray, neutron, high-speed proton, and any other atomic particle producing ionization, but shall not mean any sound or radio wave, or visible, infrared, or ultraviolet light.
RADIOACTIVE MATERIAL
Any material in any form that emits radiation spontaneously, excluding those radioactive materials or devices containing radioactive materials whose receipt, possession, use and transfer are exempt from licensing and regulatory control pursuant to regulations of the New York State Department of Labor or United States Nuclear Regulatory Commission.
REAR LOT
See "lot, rear."
RECREATIONAL BUSINESS
A business which, for compensation, offers recreational services, including but not limited to fishing preserves, golf courses and driving ranges, miniature golf, movie theaters, and other places of public or private entertainment. A recreational business may provide up to four sites for camping or other transient overnight occupancy in connection with the recreational use.
RELIGIOUS INSTITUTION
A church, synagogue, mosque, temple or other place of religious worship, as well as a monastery or other place of religious retreat.
RESIDENTIAL CARE FACILITY
Any building used as a group residence or extended care facility for the care of persons, including assisted living facilities and nursing homes, where compensation and/or reimbursement of costs is paid to an operator, pursuant to state or federal standards, licensing requirements, or programs funding residential care services.
RESIDENTIAL DISTRICTS
The Suburban Residential, Hamlet Residential, Rural Residential, and Rural Agricultural Districts.
RESIDENTIAL UNIT
See "dwelling unit."
RESIDENTIAL USE
A use of land and structures in which people live and sleep overnight on a regular basis.
RESTAURANT
An establishment where prepared food is sold for consumption on the premises or as takeout, including a bar or pub or other establishment that sells food and alcoholic beverages for on-premises consumption.
RETAIL BUSINESS
An establishment selling goods to the general public for personal and household consumption, including but not limited to an appliance store, bakery, delicatessen, drugstore, florist, grocer, hardware store, liquor store, newsstand, shoe store, stationery store, convenience store, and variety store.
REVIEWING BOARD OR OFFICIAL
The board that grants a special permit, site plan, variance, subdivision approval, or zoning amendment, or the Code Enforcement Official reviewing a building permit or zoning permit application.
RIDING ACADEMY
Any establishment where more than four horses are kept for riding, driving, horseback riding lessons, or stabling for compensation, or incidental to the operation of any club, association, resort, riding school, ranch, or similar establishment. A riding academy operated in conjunction with a farm operation shall be deemed to be an agricultural accessory use.
ROAD FRONTAGE
The distance along a street line measured at the front of a lot.
ROAD/STREET
A public or private way for pedestrian and vehicular traffic, including avenue, lane, highway, or other way, excluding a driveway or common driveway.
SCREEN/SCREENING
The location of structures in such a manner that they are not visible (as defined herein) from a public road or any other public place during the summer months, and no more than partially visible in winter. Objects or structures may be screened by topography, vegetation, or other structures not required to be screened.
SERVICE BUSINESS
A business or nonprofit organization that provides services to the public, either on or off the premises, including but not limited to building, electrical, plumbing, and landscape contracting, arts instruction or studio, automobile service station, vehicle repair, business and educational services, catering, health club, housecleaning services, locksmith, photocopying, repair and restoration services, tailoring, typing, and word processing. "Service business" does not include retail business, restaurants, warehouses, offices, or other uses separately listed in the Use Table.[6] A convenience store that sells gasoline and auto supplies but does not repair or service vehicles shall be considered a retail business.
SERVICE ROAD
A local road running generally parallel to a through road, providing vehicular access points for individual lots, constructed to reduce the number of access points on the through road.
SETBACK
The distance in feet between a structure and a property line, the center line of a road, or an identified natural feature such as a watercourse.
SIGN
Any billboard, signboard, inscription, pennant, or other material, structure, exterior painting, or device composed of lettered or pictorial material that is intended for outdoor viewing by the general public (including inside a window) and used as an advertisement, announcement, direction, or for identification.
SIGN AREA
The total area on each side of a sign within which all written and graphic material is contained.
SIGN, COMMERCIAL
A sign advertising a product, use, service, or activity sold or conducted for private financial gain.
SIGN, FREESTANDING
A sign and sign support structure not attached to or part of a building.
SIGN, ILLUMINATED
A sign lighted by electricity, gas, or other artificial light, including reflective or phosphorescent light, paint, or tape.
SIGN, INTERIOR
A sign located within the exterior walls of a building which is readily readable from outside the building through a window, door, or other opening.
SIGN, INTERNALLY ILLUMINATED
An illuminated sign that is made of translucent material with internal artificial lighting.
SIGN, PROJECTING
Any sign which extends from the exterior of any building more than nine inches.
SINGLE-FAMILY DWELLING
See "dwelling, single-family."
SOIL MINING
Use of land for the purpose of extracting and selling stone, sand, gravel, or other minerals, as defined in § 23-2705 of the Environmental Conservation Law, not including the process of preparing land for construction of a structure for which a zoning permit has been issued.
SOLID WASTE
All putrescent and nonputrescent materials or substances discarded or rejected as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection, including but not limited to garbage, refuse, industrial and commercial waste, sludge from air or water control facilities, rubbish, ashes, contained gaseous material, incinerator residue, demolition and construction debris, discarded automobiles and offal but not including sewage and other highly diluted water-carried materials or substances and those in gaseous form, and being those wastes defined as solid waste in 6 NYCRR Part 360-1.2. Any solid waste which receives a beneficial use determination (BUD) from the NYSDEC is still considered a solid waste for the purposes of these regulations.
SOLID WASTE MANAGEMENT FACILITY
Any facility employed to manage or process solid waste beyond the initial waste collection process, including, but not limited to, transfer stations, bailing facilities, rail haul or barge haul facilities, processing systems, including resource recovery facilities or other facilities for reducing solid waste volume, sanitary landfills, facilities for the disposal of construction and demolition debris, plants and facilities for compacting, composting or pyrolysis of solid wastes, incinerators and other solid waste disposal, reduction or conversion facilities, as defined in 6 NYCRR Part 360-1.2.
STRIP COMMERCIAL DEVELOPMENT
The layout of a commercial use or uses in separated structures more than 50 feet apart along a highway, with parking, gasoline pumps, or other drive-up facilities located between the highway and the commercial building(s), where such parking or drive-ups are visible from the road.
STRUCTURE
A static construction of building materials affixed to the ground, such as a building, dam, display stand, gasoline pump, installed mobile home or trailer, reviewing stand, shed, sign, stadium, storage bin, or wall.
TALL STRUCTURE
A structure which complies with the requirements of this chapter and is of sufficient height to be used as a telecommunications tower. Such structures include, but are not limited to, water towers, multistory buildings, church steeples and farm silos. (See § 121-46C.)
TELECOMMUNICATIONS FACILITIES
Any commercial structures, buildings, sheds, huts, equipment enclosures, emergency generators, generator buildings and other such structures used in support of or as an ancillary use to a telecommunications tower.
TELECOMMUNICATIONS TOWER
Any structure owned or operated for commercial purposes which is capable of receiving and/or transmitting signals for the purpose of communication.
THIS CHAPTER
See "Zoning Law."
TIMBER HARVESTING
The cutting, removal, or harvesting of timber or trees for the purpose of selling or milling such timber or trees, excluding the cutting of trees for the personal use of the landowner.
TOWN LAW
The Town Law of the State of New York, Chapter 62 of the Consolidated Laws.
TWO-FAMILY DWELLING
See "dwelling, two-family."
USE
The purpose for which any premises may be arranged, designed, intended, maintained, or occupied, or any occupation, activity, or operation conducted or intended to be conducted on a premises.
USE, ACCESSORY
A use which is customarily incidental to and subordinate to the principal use of a lot or structure, located on the same lot as the principal use or structure.
USE, CHANGE OF
See "change of use."
VARIANCE, AREA
The authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations.
VARIANCE, USE
The authorization by the Zoning Board of Appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations. An increase in density or intensity of use shall be deemed to require a use variance if such increase is not allowed by right or by special permit.
VISIBLE/VISIBILITY
Able to be seen by a person of average height and with normal vision on a clear day.
WAREHOUSE
A structure or structures in which materials, goods, or equipment are stored, including mini-storage and self-storage facilities.
WATERCOURSE
Any stream, pond, lake, drainage channel, or other area of land that is normally or seasonally filled with water. Road ditches and shallow land depressions generally referred to as "grassed waterways," "swales," etc., that carry water only immediately (a few to several hours) after a runoff-producing event are not considered a watercourse.
WETLAND
An area of land greater than 10,000 square feet that is characterized by hydrophytic vegetation, saturated soils, or periodic inundation which is classified as a wetland by either the New York State Department of Environmental Conservation or the U.S. Army Corps of Engineers, or which would be so classified if it met size thresholds established by these agencies. See § 121-35.
WIND ENERGY CONVERSION SYSTEM
A mechanized system which converts wind energy into electrical or mechanical power.
WORKFORCE HOUSING
Single-family, two-family, or multifamily housing that is owned or rented by an eligible household, as defined in § 121-42, and priced to be affordable to moderate-income households whose members live and/or work in the Town of Amenia and who cannot otherwise afford market rate housing. See § 121-42.
YARD
An open space on the same lot with a structure.
YARD, FRONT
An open space extending across the full width of the lot between the front of the principal building and the street line.
YARD, REAR
An open space extending across the full width of the lot between the rear lot line and the wall of the principal building nearest the rear lot line.
YARD, REQUIRED/SETBACK AREA
That portion of any yard required to satisfy minimum setbacks. No part of such yard can be included as part of a yard required for structures on another lot.
YARD, SIDE
An open space between a principal building and side line of the lot and extending from the front yard to the rear yard.
ZONING LAW or THIS CHAPTER
The officially adopted Zoning Law of the Town of Amenia, together with any and all amendments thereto.
ZONING PERMIT
A permit issued by the Code Enforcement Official which is required for uses allowed by right that do not involve construction that requires a building permit. See § 121-54.
[1]
Editor's Note: The Use Table is included at the end of this chapter.
[2]
Editor's Note: Chapter 63 is now entitled "Fire Prevention and Building Code Administration and Enforcement."
[3]
Editor's Note: The Dimensional Table is included at the end of this chapter.
[4]
Editor's Note: The Zoning Maps are included at the end of this chapter; for the FPO District, see the Hydrological Overlay Districts Zoning Map.
[5]
Editor's Note: See Ch. 105, Subdivision of Land.
[6]
Editor's Note: The Use Table is included at the end of this chapter.