Except where specifically defined herein, all
words used in this chapter shall carry their customary meanings. Words
used in the present tense include the future; the plural includes
the singular; the word "lot" includes the word "plot" or "parcel";
the word "building" includes the word "structure"; the word "shall"
is intended to be mandatory; the word "may" is permissive; the word
"person" includes a corporation as well as an individual; the word
"occupied" or "used" shall be considered as though followed by the
words "or intended, arranged or designed to be used or occupied."
As used in this chapter, the following terms
shall have the meanings indicated:
A person who is unable to live independently and is housed
in a facility designed and approved for his/her specific needs.
[Added 3-28-1985 by L.L. No. 3-1985]
A sign or a structure which directs attention to an idea,
product, business activity, service or entertainment which is conducted,
sold or offered elsewhere than upon the lot on which such sign is
situated.
As applied to a building, a change or rearrangement in the
structural parts or in the exit facilities, or an enlargement, whether
by extending on a side or by increasing in height, or the moving from
one location or position to another.
A facility designed for those persons who are unable to live
independently at a particular time. Alternative care housing (ACH)
facilities include, but are not limited to, community residences,
supervised living facilities, supportive living facilities, family
care homes, private property homes for adults, proprietary homes for
adults, proprietary residences for adults, boardinghouses and rooming
houses, nursing homes, domiciliary care facilities, residential schools
for the developmentally disabled and other like facilities as determined
by the Planning Board. Alternative care housing does not include "hospital."
[Added 3-28-1985 by L.L. No. 3-1985]
The exterior architectural characteristics of a building
or structure, including building form, facade design and roof design,
color, texture, material, inclusion or exclusion of architectural
elements and the shape of the building footprint.
[Added 4-24-1997 by L.L. No. 3-1997]
The total of areas, taken on a horizontal plane at the main
grade level, of the principal building and all accessory buildings,
exclusive of uncovered porches, terraces and steps.
Residential care facilities that provide housing, meals,
personal care and supportive services, including medical services
and dementia, Alzheimer's and memory-loss care, to older persons (55
years and over) and disabled adults who are unable to live independently.
Services rendered by such facilities shall not include treatment for
other non-age-related mental illness or drug or alcohol rehabilitation.
Such facility must be licensed by the appropriate state agency having
jurisdiction over the licensing of such facilities under applicable
state legislation or regulation.
[Added 3-19-2015 by L.L.
No. 2-2015]
Lighting that allows a sport to take place safely (i.e.,
designed to suit the speed of play and size of any objects used in
the sport) and provide good viewing conditions, both in visibility
of the sports action and comfort of the audience.
[Added 3-24-2016 by L.L.
No. 2-2016]
A facility principally used for the routine maintenance of
motor vehicles, excluding large trucks and tractor trailers, including
activities such as engine diagnostics, tuneups, changes of fluids,
filters and belts, tire and shock replacement, brake and muffler repair,
vehicle cleaning (detailing), engine and transmission repair and replacement,
chassis and suspension repair. "Automotive service facility" shall
not include body work, vehicle painting, repair of trucks with a wheel
base (distance from axle to axle) in excess of 15 feet or vehicles
with more than two axles, and shall not be construed to include either
self-service or mechanized car or truck washes. Permitted accessory
uses in an automobile service facility may include sale of parts,
tires, oil or similar items as determined by the Zoning Board of Appeals,
but shall not include car or truck washes or the sale of food, convenience
items or gasoline.
[Added 3-27-1997 by L.L. No. 2-1997]
The B-3 district is intended to permit diversified or mixed
uses, including commercial, institutional, residential, recreational,
and service facilities needed to support surrounding neighborhoods
and the community at large in emerging commercial nodes. Second-story
residential apartments are permitted above ground-floor commercial
uses, and new development should facilitate pedestrian connections
between residential and nonresidential uses. The district is intended
to promote gradual development and redevelopment of the commercial
nodes on the Town's state highways and to transition away from the
predominantly auto-oriented commercial development pattern found today.
[Added 6-25-2020 by L.L.
No. 2-2020]
That space of a building that is partly below grade which
has more than half of its height, measured from floor to ceiling,
above the average established curb level or finished grade of the
ground adjoining the building. A basement shall be counted as one
story in determining the height of a building if it meets the criteria
as habitable space as defined in the New York State Building Code.
[Amended 10-28-2010 by L.L. No. 6-2010]
A private residence with not more than 12 rooms for rent
to transient guests. It might serve breakfast but does not have a
sit-down restaurant for serving meals.
[Added 6-12-1986 by L.L. No. 4-1986]
A building or portion thereof, other than a hotel, where
lodging and meals are provided to three or more persons individually
or as families, for compensation.
A structure including supports erected over a depression or an obstruction, such as water, highway, or railway, and having a track or passageway for carrying traffic or other moving loads, and having an opening measured along the center of the roadway of more than 16 feet between under copings of abutments or spring lines of arches, or extreme ends of openings for multiple boxes; it may also include multiple pipes, where the clear distance between openings is less than half of the smaller contiguous opening. Refer to § A197-78, Bridge/underpass/overpass, in the Town Highway Specifications for additional requirements.
[Added 2-27-2014 by L.L. No. 2-2014]
An area of specified dimension identified on a site plan
or subdivision plan, established to separate one type of land use
from another or for the purpose of screening or blocking vision, lights,
noise pollutants or negative influences in addition to maintaining
the attractiveness of the community. Buffers shall remain undisturbed.
Buffers may also apply to sensitive environmental lands and protected
wetland areas. See the Town of East Fishkill Freshwater Wetlands Law
for the definition of "wetland buffer area."[1]
[Added 10-25-2012 by L.L. No. 8-2012]
The contiguous area of a lot, after deducting all environmentally
sensitive lands.
[Added 11-14-2002 by L.L. No. 2-2002]
A structure having a roof supported by columns or walls for
the shelter, support or enclosure of persons, animals or chattels.
When separated by a party wall, each portion of such building shall
be deemed a separate building.
A subordinate building, the use of which is customarily incidental
to that of the main building on the same lot.
That percentage of the plot or lot area covered by buildings,
including accessory buildings.
[Added 10-28-2010 by L.L. No. 6-2010]
A minor project consisting of a change of resulting in less
impact or a minor site plan amendment. A project may be referred to
the Building Department by the Town Engineer or the Planning Board.
[Added 2-27-2014 by L.L. No. 2-2014]
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof for flat roofs, to the deck line of mansard
roofs and to the mean height between eaves and ridge for gable, hip
and gambrel roofs.
The closed traverse upon a lot which exactly encloses the
exterior limits of a building.
A building in which is conducted the principal use of the
lot on which it is located.
A subordinate building, the use of which is customarily incidental to that of the main building on the same lot, including garages, utility sheds, storage sheds or any other outbuildings, but not including construction sheds. See § 194-107, Accessory structures.
[Added 6-22-2017 by L.L.
No. 2-2017]
A term used to describe the size, volume, area and shape
of buildings and structures and the physical relationship of their
exterior walls or their location to lot lines, other buildings and
structures or other walls of the same building, and all open spaces
required in connection with a building, other structure or tract of
land.
Any one or more of the following, other than a hotel, motel,
tourist home, hospital, place of detention or school offering general
instruction.
Type 1. Any area of land or land and water on
which are located two or more cabins, tents, shelters or other accommodations
of a design or character suitable for seasonal or other accommodations
of a design or character suitable for seasonal or other more or less
temporary living purposes, regardless of whether such structures or
other accommodations actually are occupied seasonally or otherwise.
Type 2. Any area of land, including any building
thereon, used for any assembly of persons for what is commonly known
as "day camp" purposes; and any of the foregoing establishments whether
or not occupied by adults or by children, either as individuals, families
or groups.
A building, the use of which is devoted to the washing
of automobiles, including but not limited to one of the following
types.
Conveyor type. A car wash facility where automobiles
progress through the washing process pulled by a conveyor or by some
other means than their own power.
Drive-through type. A car wash facility where
automobiles are driven through the washing process under their own
power.
Self-service type. A car wash facility where
automobiles are washed by the driver of the automobile using machinery
provided by the management of the facility.
A portion of a structure's interior space partially below
ground level and having more than 1/2 its height below grade or less
than four feet between the ground level and the structural ceiling
level. A cellar shall not be counted as a story in determining the
height of a building in stories.
[Added 10-28-2010 by L.L. No. 6-2010]
An ambulatory health care facility where patients are admitted
for examination, diagnosis and treatment on an outpatient basis by
one or more physicians, dentists or other medical personnel, and where
patients are not lodged overnight.
[Added 4-13-1995 by L.L. No. 2-1995]
A corporate or noncorporate organization catering exclusively
to members and their guests for recreational, athletic or social purposes
and not conducted primarily for gain.
A subdivision plat or plats, approved pursuant to Town Law
§ 278 and the provisions of the Town of East Fishkill Code,
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 11-14-2002 by L.L. No. 7-2002]
The placement of a commercial communication antenna on an
existing tower or other permissible structure, usually owned by another
entity. The types of structures eligible for collocation are set forth
in this chapter.
[Added 6-11-1998 by L.L. No. 5-1998]
Any lattice structure, framework, pole, monopole, spire or
similar structure, or combination thereof, taller than 15 feet if
ground mounted or taller than 11 feet if mounted on a building or
other tall structure, intended primarily for the purpose of mounting
one or more commercial communication antenna installations above grade
for the purpose of receiving or transmitting signals for the purpose
of communications. Such tower shall be deemed to include supporting
lines, cables, wires, braces and masts. A commercial communications
tower includes a tower duly approved under former § 194-76
of this chapter, although modifications to such a tower require approval
under this law[2] as provided herein.
[Added 6-11-1998 by L.L. No. 5-1998]
Any location consisting of a parcel(s) or lot(s) where three
or more commercial vehicles and/or self-propelled equipment used for
commercial or industrial purposes, shipping, delivery of freight and
products, taxis or limousines are stored. All vehicles must be operable
and registered with the State Department of Motor Vehicles.
[Added 6-25-2020 by L.L.
No. 2-2020]
An antenna structure or device used for the purpose of providing
commercial communication services, including ancillary structures
and equipment necessary for their operation and use (including, for
example, electrical equipment, computer equipment structures housing
such equipment, cabling and related improvements).
[Added 6-11-1998 by L.L. No. 5-1998]
A term intended to include all of the various facilities
which provide communication services, including tower, antenna and
any accessory structures or equipment designed and constructed for
use by a commercial provider of such services.
[Added 6-11-1998 by L.L. No. 5-1998]
A dwelling providing room and board, recreation and rehabilitative
services for the mentally disabled under responsible supervision.
See also "alternative care housing."
[Added 3-28-1985 by L.L. No. 3-1985]
Residential care facilities that provide housing, and, in
addition thereto, provide availability of/access to centralized kitchen/dining
with full meal service, personal care and other supportive services
such as housekeeping, laundering, private shuttle transportation and
organized activities to older persons (55 years and over) and disabled
adults who are unable to live independently. Services rendered by
such facilities shall not include medical treatment, treatment for
Alzheimer's, dementia or memory loss, or treatment for other non-age-related
mental illness or drug or alcohol rehabilitation. Centralized kitchen
facilities must be licensed/approved by the Dutchess County Department
of Health.
[Added 6-22-2017 by L.L.
No. 2-2017]
Land or structures serving as the base of operations for
building trades, contractors, trucking or heavy-equipment operators
or similar professions. Examples include irrigation and well-drilling
services, plumbing, heating, and electrical contractors, or landscape
contractors. Such uses may include related offices; storage areas
for equipment, materials and job-site trailers; and service areas
for equipment. This use excludes on-site retail or wholesale sales,
or the storage and/or servicing of merchandise, vehicles or equipment
unrelated to the contracting business. The processing of raw materials
is not permitted in a contractor’s yard.
[Added 5-26-2011 by L.L. No. 4-2011; amended 6-25-2020 by L.L. No. 2-2020]
Any space, whether inside or outside a building on a parcel
of land, used for the temporary storage, handling, processing or screening
of the following materials: compost; land clearing debris; blacktop/asphalt;
natural material; natural wood materials; bricks, concrete and other
masonry products; and topsoil.
[Added 5-26-2011 by L.L. No. 4-2011]
Any establishment where three or more persons suffering from,
afflicted with or convalescing from any infirmity, disease or ailment
are habitually kept, boarded or housed for remuneration, other than
municipal or incorporated hospitals, or establishments for the care
of the mentally ill. See also "alternative care housing."[3]
[Added 3-28-1985 by L.L. No. 3-1985]
An institution or commercial establishment providing daily
care and/or instruction to more than six children under six years
of age.
[Added 6-12-1986 by L.L. No. 3-1986]
Includes day-care center and family day-care home.
[Added 6-12-1986 by L.L. No. 3-1986]
See "family day-care home."
[Added 6-12-1986 by L.L. No. 3-1986]
A structure permanent, detached, and accessory to a residential building and which is used for the parking and storage of vehicles owned and operated by the residents thereof and which is not a separate commercial enterprise available to the general public. See § 194-107, Accessory structures. All detached garages must contain a floor comprised of an approved noncombustible material approved by the Town Engineer.
[Added 2-27-2014 by L.L. No. 2-2014]
A building used exclusively as living quarters. The term
shall not be deemed to include motel, hotel, rooming house or tourist
home.
A building containing three or more dwelling units, of which
at least one unit is located over another.
[Added 11-14-2002 by L.L. No. 6-2002]
A building or portion thereof providing complete housekeeping
facilities for one family.
A dwelling unit having common walls with two or more other
dwelling units. In cluster subdivisions, attached unit structures
shall not exceed four units.
[Added 3-28-1985 by L.L. No. 6-1985]
A dwelling unit which has a common wall, floor or ceiling
with only one other dwelling unit.
[Added 3-28-1985 by L.L. No. 6-1985]
Lands wherein defined as one-hundred-year floodplains, steep
slopes, or wetlands.
[Added 11-14-2002 by L.L. No. 2-2002]
One or more persons occupying a dwelling unit and living
as a single housekeeping unit in a domestic relationship based upon
birth, marriage or other domestic bond.
A private residence where a certified provider provides daily
care services for up to six children under six years of age.
[Added 6-12-1986 by L.L. No. 3-1986]
A parcel, or group of parcels, used for gain in producing
agricultural or horticultural commodities, including livestock, dairy,
or poultry farms on sites of at least 10 acres, and fruit, vegetable,
field crop farms, orchards, and nurseries on sites of at least five
acres. The term "farm" shall not be construed to include gardens accessory
to a residential use, riding academies, livery or boarding stables,
animal kennels, or the breeding, raising or maintaining of hogs or
fur-bearing animals. Customary agricultural operations accessory to
the operation of a farm shall include the conducting of usual farm
activities and the accessory processing of agricultural products,
not including mineral or earth products, of the farm on which such
agricultural processing is conducted.
[Amended 9-26-2000 by L.L. No. 5-2000]
[Added 10-28-2010 by L.L. No. 6-2010]
A food establishment that uses a mutually identifying name or
symbol (logo, trademark, service mark, or other) shared by multiple
similar establishments, and serves a prescribed menu ("formula") that
is substantially the same among the establishments sharing the mutually
identifying name; and/or
Food is paid for at a quick-order walk-up counter or drive-by
window prior to consumption.
Any area of land, including buildings and other structures
thereon, that is used to dispense motor vehicle fuels, oils and accessories
at retail, where repair service is incidental and no storage or parking
space is offered for rent. It shall not include the operation of a
body shop or a car wash or heavy automotive repair work.
A drawing, prepared in the manner described in this Code,
that shows a proposed subdivision, containing in such additional detail
as required in this Code all information required to be shown on the
preliminary plat and the modifications, if any, required by the Planning
Board at the time of approval of the preliminary plat, if such preliminary
plat has been so approved.
[Added 10-28-2010 by L.L. No. 6-2010]
A lot which has its buildable area (the so-called "flag")
located behind another lot, either existing or proposed, and which
derives access by means of a narrow strip of land (sometimes referred
to as "the flagpole") which has frontage on a street. A flag lot allows
the potential for the creation of two lots, one generally behind the
other, which derive access from the same street.
[Added 11-14-2002 by L.L. No. 9-2002]
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
a designated height as determined by the Federal Emergency Management
Agency in a Flood Insurance Study or by other agencies as provided
in § 108-5B of the Code of the Town of East Fishkill.
[Added 11-14-2002 by L.L. No. 2-2002]
The sum of the horizontal area of the floors of the stories
of a building measured to the exterior of the outside wall, but excluding
any space that does not meet the criteria of habitable space as defined
in the New York State Building Code, utility space, up to 400 square
feet of attached or detached residential garage space, terraces, breezeways,
open spaces and open porch floors.
[Amended 11-14-2002 by L.L. No. 9-2002; 11-14-2002 by L.L. No. 11-2002; 10-28-2010 by L.L. No. 6-2010]
The floor area in square feet of all buildings on a lot divided
by the area of such lot in square feet.
[Added 11-14-2002 by L.L. No. 9-2002; 11-14-2002 by L.L. No. 11-2002]
That dimension of a plot measured along the front street
line.
The lot line which separates a lot's front yard from a street
or highway right-of-way.
[Amended 9-22-2022 by L.L. No. 7-2022]
An accessory building or part of a main building used only
for the parking and storage of motor vehicles owned and operated by
residents thereof and which is not a separate commercial enterprise
available to the general public as an accessory use.
[Amended 6-22-2017 by L.L. No. 2-2017]
A facility primarily engaged in the retail sale, direct to
the motorist, of motor vehicle fuels. Permitted accessory uses may
include an automobile service facility, a car wash, and sale of oil,
vehicle fluids, food and other convenience items.
[Added 3-27-1997 by L.L. No. 2-1997]
A space in a building for living, sleeping, eating or cooking.
Bathrooms, toilet rooms, closets or halls, storage or utility spaces
and similar areas are not considered habitable space (as defined in
the 2006 New York State Building Code).
[Added 10-28-2010 by L.L. No. 6-2010]
A core hamlet zoning district that encompasses properties
located generally on either side of Route 376 between the intersection
of Route 376 and Route 82 and Route 376 and Fishkill Road and parcels
along Route 82 from the Route 376 intersection to Orchard Place as
well as parcels on the north side of Route 82 east of Orchard Place
and on either side of Railroad Avenue. The purpose of the Hamlet Center
District is to foster the development of a well-planned, compact,
walkable hamlet center that features a mix of uses, including civic,
commercial, service, institutional, residential, and recreational
uses within close proximity to each other and to ensure that the design
of buildings, sites, streets, and public spaces creates a place with
a unique and positive local identity that provides opportunities for
development to expand the town's economic diversity and vitality.
[Added 6-25-2020 by L.L.
No. 2-2020]
This term includes health care facilities, as well as establishments
providing support to the medical and dental professions and patients,
such as medical and dental laboratories, blood banks, oxygen and miscellaneous
types of medical supplies and services.
[Added 4-13-1995 by L.L. No. 2-1995]
Any use customarily conducted entirely within a dwelling
and carried on by the inhabitants thereof, which use is clearly incidental
and secondary to the use of the dwelling for dwelling purposes and
does not change the character thereof. The conducting of a clinic,
hospital, mortuary or any similar use shall not be deemed to be a
home occupation.
Unless otherwise specified, the term "hospital" shall be
deemed to include sanitarium and any other place for the diagnosis,
treatment or other care of human ailments. The term shall not include
a rest home, medical clinic, nursing home, convalescent home, alternative
care housing or specialized care facilities designed to treat human
ailments, including those for epileptic, drug addiction or alcohol
addiction patients or those suffering from psychological disorders.
See also "alternative care housing."
[Amended 3-28-1985 by L.L. No. 3-1985; 6-14-2001 by L.L. No. 3-2001]
A building or any part thereof containing rooms which are
provided or offered for sleeping purposes to transient guests for
compensation and where only a general kitchen and dining room are
provided within the building or in any accessory building.
[4]Dogs and cats and other small animals which are customarily
kept in a single-family residence.
[Added 7-26-2007 by L.L. No. 3-2007]
Sports or gymnasium uses undertaken entirely within a building,
including team or individual sports and related health and exercise
facilities. Video parlors, computer gaming facilities, movie theaters
and bars do not constitute indoor recreation facilities. However,
an indoor recreation use may be accompanied by customary accessory
uses, which may include food service facilities, meeting room or banquet
facilities, serving of alcoholic beverages, video or computer game
facilities, video theater facilities, sales of sport or exercise-related
equipment or clothing and other customary accessory uses.
[Added 6-23-1994 by L.L. No. 3-1994; amended 10-27-1994 by L.L. No. 8-1994]
Air-supported structure for indoor recreational use and large
scale assembly. An indoor sports dome may be accompanied by customary
accessory uses, incidental to the primary use.
[Added 9-25-2014 by L.L. No. 3-2014]
Includes, but is not limited to abandoned barrels or drums,
dismantled or inoperable industrial or commercial equipment or machinery
being salvaged for parts, and the following old, scrap, or used items:
metal; rope; rags; batteries; paper; cardboard; plastic; rubber; pallets;
appliances; motors; industrial or commercial fixtures; rubbish; debris;
wrecked, dismantled or disabled motor vehicles or parts thereof.
[Added 6-25-2020 by L.L.
No. 2-2020]
Any establishment or place of business which is maintained,
operated, or used for storing, keeping, buying or selling junk, or
for the maintenance or operation of an automobile graveyard, and the
term includes garbage dumps and sanitary fills. This definition also
includes scrap-metal processors, auto-wrecking yards, salvage yards,
scrap yards, auto-recycling yards, used-auto-parts yards and temporary
storage of automobile bodies or parts awaiting disposal as a normal
part of a business operation when the business will continually have
like materials located on the premises.
[Added 6-25-2020 by L.L.
No. 2-2020]
An establishment for the treatment, care, boarding or breeding
of dogs or cats or similar animals or birdlife (excluding poultry)
for a fee.
[Added 3-28-1985 by L.L. No. 5-1985]
The excavation or extraction of earth, sand, gravel, stone, quarry material, clay, loam, humus, topsoil, or other earth material from a lot, and removal thereof from that lot; or the bringing to a lot, for filling or regrading at that lot, of earth, sand, gravel, stone, quarry material, clay, loam, humus, topsoil, or other earth material from another lot; or any temporary storage of such materials, by stockpiling, if permitted; or any processing of excavated or stockpiled materials, if permitted; or any of the related land use activities engaged in during the above activities, such as construction of buildings, barriers, and other structures, clearing of property, removal or placement of trees, vegetation, and earth material. The following activities do not constitute land excavation and filling, provided that they meet the supplemental use regulations in § 194-75.
[Added 9-26-2000 by L.L. No. 11-2000]
The regrading or movement of earth material
within the boundaries of a single lot, provided that no earth material
is removed from the lot and no earth material is brought to the lot
from elsewhere; and that no stockpiling or processing of earth material
takes place; and that the earth material so moved is promptly revegetated.
The movement of earth material to or from or
within existing or proposed road rights-of-way, or grading easements
along such rights-of-way, for the installation of roads; or within
the boundaries of a single lot, for the installation of a parking
lot pursuant to an approved site plan; provided that no processing
takes place.
The placement of fill for a septic system approved
by the Dutchess County Health Department in amounts as authorized
by the approved plans.
In R-1 and R-2 Zones, in connection with the
construction and development of a subdivision, the excavation and
removal from, or delivery to the property for use thereon, earth materials
of a total quantity that does not exceed the smaller of the following:
In connection with the construction and development of a site plan, the excavation and removal from, or delivery to the property for use thereon, earth materials of a total quantity that does not exceed 500 tons or 375 cubic yards, whichever is less, in accordance with § 194-75.
An area of open space that is appropriately planted with
trees or other vegetation to screen views or enhance the aesthetics
of a property.
[Added 8-24-1993 by L.L. No. 4-1993]
A tract of land of 50 acres or more which is developed as
a recreational unit with a grouping of related buildings and uses,
together with their accessory buildings and all appurtenant roadways,
parking areas, loading spaces, service buildings and facilities.
A parcel of land occupied or capable of being occupied by
one building or use and the accessory buildings or uses customarily
incident to it, including such open spaces as are required by this
chapter.
That percentage of the lot area covered by the combined area
of all impervious surfaces on a lot, including buildings or structures,
paved areas, decks, patios, and swimming pools, but not including
architectural landscape features.
[Added 10-28-2010 by L.L. No. 6-2010]
The distance between the front and rear lot lines measured
at right angles thereto at the midpoint between the two side lot lines.
For the purposes of measuring lot depth for a flag lot (see definition),
the front lot line shall be considered that lot line (excluding the
lot line along the street) which is closest and most parallel to the
street right-of-way line. The front lot line shall be deemed to include
an extension across the "flag pole."
[Amended 11-14-2002 by L.L. No. 9-2002]
See "flag lot."
[Added 11-14-2002 by L.L. No. 9-2002]
The distance between the side lot lines measured at right
angles to the lot depth (see definition), along a line which is parallel
to the street between the front and rear lot lines. For the purposes
of measuring lot width for a flag lot (see definition), the front
lot line shall be considered that lot line (excluding the lot line
along the street) which is closest and most parallel to the street
right-of-way line. The front lot line shall be deemed to include an
extension across the "flag pole."
[Amended 11-14-2002 by L.L. No. 9-2002]
A family or household whose aggregate annual income does
not exceed 80% of the median Dutchess County family income for a family
of the appropriate particular size as determined annually by the United
States Department of Rousing and Urban Development (HUD).
[Added 11-14-2002 by L.L. No. 3-2002]
All subdivisions not classified as minor subdivisions or
any size subdivision requiring any new street or extension of municipal
facilities.
[Added 2-27-2014 by L.L. No. 2-2014]
An office of five or more physicians, dentists or similar
professionals, which is staffed on a rotational basis with personnel
from an area hospital, where persons are examined or treated on an
outpatient basis only. Medical laboratory work is permitted as a principal
use within a group or clinic and may be performed for persons not
examined or treated at the site. A pharmacy may be permitted as an
accessory use; however, only prescription and nonprescription drugs
and similar health-related items may be sold from the premises. A
medical or dental clinic may be owned by a group of doctors or by
a nearby hospital.
[Added 4-13-1995 by L.L. No. 2-1995; 10-28-2010 by L.L. No. 6-2010]
The private office of not more than four physicians, dentists,
or similar professionals, such as physical, occupational or speech
therapist, chiropractor, where persons are examined or treated on
an outpatient basis only. Minor laboratory tests shall be permitted
as an accessory use only and may be performed only for patients receiving
medical attention within the office.
[Added 10-28-2010 by L.L. No. 6-2010]
Any subdivision intended for residential development containing not more than five lots, consisting of a total acreage not in excess of 10 acres, in any residential district, fronting on an existing street not involving any new street or road or extension of municipal facilities and not adversely affecting the development of the remainder of the parcel or any adjoining property and not in conflict with any provision or portion of Chapter 194, Zoning, the Town Comprehensive Plan or the Official Map, if such exists, or these regulations. No parcel may be divided more than once as a minor subdivision in a five-year period, and each shall be subject to the provisions of § 272-a of the Town Law. No lot previously approved and filed within three years and one day of subsequent application may be considered under the minor subdivision provisions of these regulations.
[Added 2-27-2014 by L.L. No. 2-2014]
A dwelling unit or residence on wheels, skids or rollers,
without motive power, designed to be used for human habitation or
for carrying persons or property, including a trailer coach or house
trailer.
[5]A land area occupied or designed for occupancy by two or
more mobile homes for living purposes.
[6]Any proposed change in the maximum power input or output,
number of antennas, change in operating frequency of an existing antenna
installation.
[Added 6-11-1998 by L.L. No. 5-1998]
Any proposed increase in dimensions or any change in marking
or lighting of an existing tower or other structure designed to support
one or more antenna installations.
[Added 6-11-1998 by L.L. No. 5-1998]
A support structure constructed of a single, self-supporting
hollow metal tube securely anchored to a foundation, with no guy wires.
[Added 6-11-1998 by L.L. No. 5-1998]
A building or group of buildings containing individual living
and sleeping accommodations primarily consisting of one-bedroom-and-bath
units, each of which is provided with a separate exterior entrance
and a parking space, offered principally for rental and use by motor
vehicle travelers. The term "motel" includes but is not limited to
every type of similar establishment known variously as an autel, auto
court, motor hotel, motor court, motor inn, motor lodge, tourist court,
tourist cabins or roadside hotel.
A facility principally used for the maintenance and repair
of motor vehicles, large trucks and tractor trailers. A motor vehicle
repair facility may include any of the activities associated with
an automobile service facility, as well as body work, vehicle painting
and repair of trucks with a wheel base (distance from axle to axle)
in excess of 15 feet or vehicles with more than two axles. Permitted
accessory uses in a motor vehicle repair facility may include sale
of parts, tires, oil or similar items as determined by the Zoning
Board of Appeals, car and/or truck washes and the sale of food, convenience
items and gasoline.
[Added 3-27-1997 by L.L. No. 2-1997]
Facilities used for private citizen's bands, amateur radio
and other private residential communications. These towers are not
eligible for collocation of commercial telecommunications antenna
installations.
[Added 6-11-1998 by L.L. No. 5-1998]
The use of a building or plot of land existing at the time
of enactment of this chapter or amendments thereto which does not
conform to the use regulations of the district or zone in which it
is situated. A building or plot of land which is conforming in use
but does not conform to the bulk regulations of this chapter shall
not be considered a nonconforming use.
An institution or commercial establishment providing daytime
care and/or instruction to more than six children under six years
of age.
[Amended 6-12-1986 by L.L. No. 3-1986]
Any establishment where three or more persons suffering from,
afflicted with or convalescing from any infirmity, disease or ailment
are habitually kept, boarded or housed for remuneration, other than
municipal or incorporated hospitals, or establishments for the care
of the mentally ill. See also "alternative care housing."
[Added 3-28-1985 by L.L. No. 3-1985]
The highest level of flood that, on the average, is likely
to occur once every 100 years (i.e., that has a one-percent chance
of occurring each year).
[Added 9-9-1976 by L.L. No. 1-1976]
An area of special flood hazard and as defined on the Flood
Insurance Rate Map (FIRM) issued by the Federal Emergency Management
Agency.
[Added 11-14-2002 by L.L. No. 2-2002]
That percentage of the land area open to the air, pervious
and not covered by the combined area of all buildings, structures
and paved areas on all of that portion of the lot within the same
zoning district as the main buildings.
[Added 8-24-1993 by L.L. No. 4-1993]
A tract of land 10 acres or more developed as a recreational
unit for outdoor recreation or sport use primarily undertaken by individuals,
and where related buildings and any indoor uses are clearly accessory
and incidental to the primary outdoor recreational use. Team and spectator
oriented athletic fields and courts, such as those for baseball, football
and basketball, are not considered outdoor recreational developments.
Outdoor recreation developments do not include archery, any shooting
activity, including airguns, or motorized vehicles.
[Added 10-24-1996 by L.L. No. 11-1996]
A district in which additional regulations and requirements
apply. The regulations of the overlay district supplement the regulations
which apply by virtue of the underlying zone. Land in an overlay district
continues in its underlying zoning category, but is also subject to
the additional provisions set forth in the overlay district.
[Added 9-26-2000 by L.L. No. 5-2000]
An off-street area suitable for parking one automobile, which, in this chapter, is held to be a space at least 10 feet wide and 18 feet long and, in addition, contains sufficient other areas for ingress, egress and maneuvering. Requirements for off-street parking are contained in Article XIV of this chapter (§ 194-113 and following.)
[Amended 9-12-1996 by L.L. No. 9-1996]
Any business providing services related to the body or physical
appearance of a person, such as beauty shops, barbershops, and any
other similar establishments.
[Added 10-28-2010 by L.L. No. 6-2010]
An optional meeting between applicants and the Planning Board
to review and discuss the initial subdivision concept and regulations
informally.
[Added 2-27-2014 by L.L. No. 2-2014]
The screening and grinding of certain types of natural vegetation,
as permitted by the Zoning Board of Appeals, to produce mulch, followed
by the screening of the material to separate the wood (mulch), dirt
and stone into separate piles, which will be temporarily stockpiled
for future use, for the periods of time and under the conditions imposed
by the Zoning Board of Appeals pursuant to a duly issued special permit.
Preparation of mulched materials shall not be deemed to authorize
logging, processing and production of firewood, mining, stone processing,
excavating or any other activity not specifically authorized by the
Zoning Board pursuant to its special permit.
[Added 2-12-1998 by L.L. No. 2-1998]
Any mechanical manipulation of excavated earth material,
including blasted rock, including crushing, screening, blending, washing,
and any procedure which changes the size of the particles or the particle
size distribution or gradation from in-situ characteristics, including
that of blasted but unexcavated rock. Processing also includes any
mechanical combining or blending of earth materials from one or more
sources in order to manufacture a product with certain specification
requirements. Processing does not mean simply excavating and loading
earth material directly into a transport vehicle.
[Added 9-26-2000 by L.L. No. 11-2000]
An office of a properly certified or licensed psychologist,
social worker, lawyer, engineer, planner, architect, accountant, teacher,
or other similar professional person.
[Added 10-28-2010 by L.L. No. 6-2010]
Establishments engaged in selling goods or merchandise to
the general public for personal or household consumption and rendering
services incidental to the sale of such goods.
[Added 10-28-2010 by L.L. No. 6-2010]
Any establishment where horses are kept for riding, boarding,
stabling, training or education for remuneration, hire or sale. It
does not include dude ranches, which are permitted only as part of
a large scale recreational use.
[Added 3-28-1985 by L.L. No. 5-1985]
The distance from the property line to the nearest part of the applicable building, aboveground structure or sign, measured perpendicularly from the property line to the structure. Setbacks can be cleared, landscaped, and used but shall not be otherwise encroached upon by any aboveground structures or accessory structures except driveways/walkways providing access to a structure or parking area on a lot, mailboxes, wells, septic systems, drainage, and utilities or as otherwise permitted in the Code (see Article XIII, Supplementary Bulk Regulations).
[Added 10-25-2012 by L.L. No. 8-2012]
A simple, single-story structure meeting the New York State Building Code that is no more than 144 square feet in size and 10 feet in height that is used for storage, hobbies, or as a workshop. Sheds shall not be placed in front of the rear line of the principal residence. Refer to § 194-107 for additional shed requirements.
[Added 2-27-2014 by L.L. No. 2-2014; amended 6-22-2017 by L.L. No. 2-2017]
Any device for visual communication that is used for the
purpose of bringing the subject thereof to the attention of the public,
but not including any traffic sign or any flag, badge or insignia
of any government or government agency or of any civic, charitable,
religious, patriotic, fraternal or similar organization. A "sign"
includes a billboard, neon tube, fluorescent tube or other artificial
lights outlining or hung upon any part of a building for the purpose
mentioned above.
The term "site plan" shall mean a rendering, drawing or sketch prepared to specifications and containing necessary elements, as set forth in this Zoning Chapter, which shows the arrangement, layout and design of the proposed use of a single parcel of land as shown on said plan. Subdivision plats shall not be considered site plans. Architectural features of a site plan shall be reviewed by the Architectural Review Board, where the proposed development falls within the purview of the provisions of Article VIII, and by the Planning Board in all other cases. All other elements of a site plan, including parking, means of access, screening, location of freestanding signs, landscaping, location and size of buildings, adjacent land uses and physical features meant to protect adjacent land uses, and other elements specified in Article IX of this Zoning Chapter, shall be reviewed by the Planning Board, pursuant to Article IX.
[Added 4-24-1997 by L.L. No. 3-1997]
An accessory building in which horses are kept for use and
not for hire, remuneration or sale.
[Added 3-28-1985 by L.L. No. 5-1985]
An area of land regulated by the chapter of this Code entitled
"Steep Slope Protection."[7]
[Added 11-14-2002 by L.L. No. 2-2002; 9-27-2007 by L.L. No. 7-2007]
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
is no floor above it, then the space between any floor and the ceiling
next above it.
A story under a gable, hip or gambrel roof, the wall plates
of which on at least two opposite exterior walls are not more than
two feet above the floor of such story.
Any man-made building or thing that is constructed or erected,
whether of natural, man-made or processed materials the use of which
requires location on or below the ground or attachment to something
having location on the ground. Structures are not permitted in buffer
areas.
[Amended 10-25-2012 by L.L. No. 8-2012]
A structure which contains or is a receptacle for water,
having a depth at any point greater than three feet or having a capacity
of greater than 8,000 gallons, used or intended to be used for swimming
or bathing and constructed, installed or maintained in or above the
ground outside any building.
A building or other structure, made of white or untinted
translucent material that does not contain a concrete or impervious
floor, which is used wholly or primarily for agricultural purposes
and to support a farm use, as defined herein that is within a listed
Agricultural District. The following shall be included within this
definition if principally used in the course of an agricultural business;
structures used to shelter or store crops, produce, seed, horticultural
or nursery stock, fertilizer, pesticides, feed, or agricultural vehicles,
equipment and machinery; buildings or structures used for the packaging
or shipping of produce, horticultural or nursery stock; greenhouses,
hoop houses, high tunnels, cold frames.
[Added 2-27-2014 by L.L. No. 2-2014]
The holding of compost; land clearing debris; blacktop/asphalt;
natural wood materials; bricks, concrete and other masonry products
and top soil for a temporary period in such a manner that it remains
retrievable and substantially unchanged and, at the end of a specified
time period of no longer than six months, is disposed of or reused
or recycled in a beneficial manner.
[Added 5-26-2011 by L.L. No. 4-2011]
A structure without any foundation or footings that shall
be removed within a six-month time period. Temporary structures in
place for more than one month must have approval of the Department
of Engineering and may be referred by the Engineer to the Planning
Board for comment.
[Added 2-27-2014 by L.L. No. 2-2014]
A building in which three or more rooms are used to provide
overnight accommodations to transient guests for compensation.
Same as "mobile home."
Same as "mobile home park."
The specific purpose for which land or a building is designed,
arranged, intended, or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
A use incidental to the principal use and located on the
same lot. In buildings restricted to residence use, the office of
a professional, customary family occupations and workshops not conducted
for compensation shall be deemed "accessory uses."
[Amended 6-14-2001 by L.L. No. 3-2001]
Unoccupied space that is used only for basic services necessary
for building functions such as mechanicals and utilities and which
cannot be used for other purposes.
[Added 10-28-2010 by L.L. No. 6-2010]
Lakes, ponds, and any other similar natural or artificial
collection of water, whether permanent or temporary.
[Added 11-14-2002 by L.L. No. 2-2002]
An area of land, including any water bodies and watercourses,
as defined by the chapter entitled “Freshwater Wetlands, Water
Bodies and Watercourses”[8] as well as those regulated by NYS and federal law or regulations.
[Added 11-14-2002 by L.L. No. 2-2002; 9-27-2007 by L.L. No. 7-2007]
The open space on a lot, unoccupied and unobstructed from
the ground upward, except as otherwise provided in this chapter.
A yard extending across the full width of that portion of
the lot situated between the front line of the lot and the front line
of the building.
The yard lying between the front lot line and the primary
access point to the main entrance of the principal building. Each
lot shall only have one front yard.
[Amended 9-22-2022 by L.L. No. 7-2022]
A yard situated between the side line of the lot and the
side line of the building and extending from the front yard rear line
to the rear yard front line or, if either of such yards is not required,
to the front and rear lot lines, as the case may be.
[3]
Editor's Note: The former definition of "coverage," which
immediately followed this definition, was repealed 10-28-2010 by L.L.
No. 6-2010. See now the definition of "building coverage."
[4]
Editor's Note: The former definition of "kennel,"
as amended 8-10-1978 by L.L. No. 3-1978, which followed this definition,
was repealed 3-28-1985 by L.L. No. 5-1985.
